For LILF, litigation is an experience in which risk assessment plays a major role. In other words, it is a matter of making accurate predictions about the probability of success in litigation. The main goals of the litigator include detecting the weaknesses of the case, correcting them when possible, and preparing an intelligent negotiation when the prediction is unfavourable. An adverse prognosis can advise or lead to mediation or a realistic negotiation. It is about focusing on the client’s interests and calculating their risks. Our litigation department, in this role of procedural risk management, calculates the possible risks of liability in the event of failure.
To effectively forecast the possible outcome, our litigation lawyers must place themselves in the role of the opposing lawyer, listing the possible lines of defence and attacking those that are to be expected in the case. Some jurisdictional systems, due to their stability and predictability, allow us to make expert judgments on the predictable outcome. Sometimes, decision trees must be broken down into numerous minor issues that allow the possible outcome to be induced. The tools of litigation management and predictability do not exclude the need to have the intuitive proposal of great experienced litigators. On the other hand, there are uncertainties; cases that due to their exceptionality, jurisprudential fluctuations do not allow for a logical prediction to be made. The last decades have seen the exploitation of legal catastrophes derived essentially from a methodology unfocused on risk assessment.
Finally, our prosecutors are specially trained in the art of evaluating evidence in general, and expert evidence in particular. As Richard Posner points out, “an expert witness’s evidence is inadmissible if it does not satisfy the methodological standards of his field.” (Frontiers of Legal Theory. Harvard University Press. Cambridge, Mass. 2001).
The corporate department is essentially preventive. It focuses on designing operations, contracts, legal business, corporate structures, insolvency roadmaps, and restructuring. Corporate operations require experienced lawyers, preferably with previous experience as commercial and corporate litigation lawyers. The aim is to construct documents, prepared to resist medium and long-term risks. The business world of the 21st century is, from a legal point of view, more complex, more polyhedric, and definitely more unpredictable than ever before. The risk of black swans during the term of the contracts requires special qualities for risk analysis.
The competing disciplines (tax, corporate, financial, contractual) require teams composed of excellent lawyers with extensive corporate and commercial experience and oriented toward the integration of synergetic knowledge and experience. Our lawyers are always trained in the provision of quantification of risks or possible contingencies. This corporate practice requires the use of tools that clearly define the responsibilities of each member and each risk associated to the structure of the operation. Our managing partner has always said that “lawsuits are won long before they are decided by the courts.” Litigation is won as well by corporate lawyers with vast operational experience and used to intuition and induction. In terms of restructuring, which is the objective of this presentation, we assure the presence of analytical minds, accustomed to prediction trees and numerical probabilities. These skills are complemented by the experience of lawyers versed in the drafting and execution of guarantees.
Finally, in order to be effective, the lawyer’s corporate and contractual activity must involve the client. In light of the irreversibility of what has been “agreed”, corporate services create substantial procedural rules that will successfully shield the client’s business. Incomplete knowledge of the subject matter, or insufficient experience in the field, can generate contractual crises or pave the way for a conviction or a punitive action.
The ability to absorb, process, or coordinate the knowledge or skills of the participants in a complex team does not depend so much on brands as on the emotional and cognitive talent of the Project Manager. At Lupicinio we are leaders in the project management of the most complex operations,
particularly the restructuring of services companies in multiple jurisdictions and in the coordination of multidisciplinary and multi-jurisdictional teams. The coordination of such teams requires independent, experienced leaders with sufficient authority to integrate complex tasks carried out by senior and specialised lawyers. In our business model, we focus on the interests of the client, on their foreseeable direct and indirect costs, and on the external or internal impacts produced by legal management. The calculation and performance of costs, which is easy to produce when managing junior teams, is more complex when the players are predominant lawyers in their jurisdiction. We have always demonstrated a great capacity to resolve the tension between excellence and robustness in execution on one side and fragility in externalities on the other when it comes to complex operations. Our project managers are interventionists, oriented towards the calculation of success or failure costs and direct and indirect impacts on the client’s enjoyment and recitation.
Unlike global proposals, LILF does not involve brands or labels – although it may be sometimes desirable to work with allied firms. When circumstances require it, due to their exceptional complexity, LILF incorporates the best specialists from the jurisdictions in question into the transversal team.