Client view
Expensive law firms ‘ don ’ t always provide the best solutions ’
Andrade Gutierrez carries out a cost-benefit analysis when selecting legal service providers because the company requires wide-ranging experience and a global perspective , even from local firms
Andrade Gutierrez operates in a wide range of sectors – from engineering , construction , transportation and logistics to energy , health , defence and real estate development – with a presence in some 40 countries . A business with such a global reach faces significant challenges when navigating such diverse jurisdictions , according to Carla Alves , the company ’ s Lisbon-based legal manager for Sub- Saharan Africa , and consequently , the input of local law firms in each jurisdiction is highly valued .
“ Considering the huge difference between these countries from a cultural and legal point of view – different jurisdictions , legal frameworks , languages and cultures - and based on the principle of taking all the issues into my own hands , I usually call upon the support of local counsel ,” Alves says .
Overseeing more than half a dozen countries , including Ghana , Mozambique , Equatorial Guinea , the Republic of Congo and South Africa , the Lisbon office ’ s legal department covers everything from entry into new markets and the designing of business models to M & A , tendering risk assessment , contract and project management , risk control , project financing , litigation and international arbitration .
Law firm questionnaire “ Most of these issues require an in-depth study of the local legal framework , jurisprudence and traditions ,” Alves explains . “ I collect and analyse all the information and then seek the validation of local counsel able to confirm and address more specific and internal questions that only someone with in-depth local knowledge can do ,” she says . Alves adds that , upon entering a new market , the company submits a legal questionnaire to a local law firm . After receiving a response , the company then makes its own assessment and thus gains a greater depth of knowledge that is vital for the next stage of the company ’ s operations .
Andrade Gutierrez also outsources all litigation cases . “ As a Portuguese lawyer , my intervention in litigation issues is limited to Portuguese territory ,” says Alves . “ We study and follow every litigation file very closely , but we need a local lawyer to represent the company in court .”
When it comes to selecting an external law firm , Alves makes a choice depending on areas of expertise , while also basing the selection on the company ’ s past experience with law firms . Andrade Gutierrez works frequently with Linden in Paris , Clifford Chance , PLMJ International , AB & David in Ghana and , in Mozambique , F . Menete Advocacia e Consultoria and Sal & Caldeira Advogados . “ These firms cover all the main issues I need to outsource and have ample experience in the countries I work with ,” Alves says . “ It ’ s imperative that all my work is reinforced by local opinions and assessments , as often this forms the basis of the board ’ s or shareholders ’ major decisions ,” she adds .
Alves continues : “ If I am to work with local law firms , it ’ s essential they present me with wide-ranging experience in the issue I need to outsource , and with a global perspective . Given the way our legal department works , it ’ s extremely important to work with law firms that present me with ‘ outside-the-box ’ solutions .”
The nature of Alves ’ role means that she travels extensively and this allows her to build trust with local law firms . “ I know for a fact that experience on the ground makes us better lawyers ,” she says . “ I feel that written law does not always mean applicable law – therefore it ’ s vital that , when working with external law firms , I grasp their deep knowledge of the legal environment , to point me to the best solutions .”
Alves says that she also carries out a cost-benefit analysis when selecting external legal service providers because , she says , the most expensive law firms do not always present the best solutions . In terms of added value , Alves says that working with external firms provides a guarantee that the legal opinions will be more accurate and precise . The decision to enter a new market , for example , is based on what Alves proposes to the board – though these proposals are backed by the opinion of external law firms , which bring a more detailed , insider ’ s view of the laws and regulations of the country concerned .
Alves explains : “ It ’ s a huge responsibility , considering the legal department ’ s strategic position – being an important part of the decisions taken by the board or shareholders – all the data I transmit must be as accurate as possible .”
Carla Alves
“
If I am to work with local law firms , it ’ s essential they present me with wide-ranging experience in the issue I need to outsource , and with a global
” perspective .
Carla Alves is Andrade Gutierrez ’ s legal manager for
Sub-Saharan Africa
www . iberianlawyer . com September / October 2016 • IBERIAN LAWYER • 25