Preventive Legal Advice within the reach of associates
Preventive advocacy is a positive modern novelty, which has been taking more and more space in our country, since it is guided by the perception and control of risks in order to avoid or reduce losses, favoring entrepreneurs through preventive actions guided by the legal, avoiding judicial and extrajudicial demands. For this reason, since 2017 Unindústria has provided its associates with the Legal Advisory service with a view to guiding and preventing litigation in the business, civil, consumer and labor areas. The service provided is under the care of Dr. Gilce Lerner, professional with more than 20 years of experience and in permanent update. In order to resolve doubts about the service, she talked to the Unindustry team. Check below:
Unindustria: Why and what does Advocacy and Preventive Legal Consulting consist of?
Gilce: Preventive legal advice seeks to encourage new methods and concepts, and, in a future scenario, to avoid conflicts and disputes. Litigation is a serious illness that leaves victims financially and emotionally weakened and in some cases can lead to their downfall. Many companies choose to hire a lawyer when the litigation arises. They argue that it is possible to run a business for years without anything going wrong, such as driving without a seat belt. This option, besides expensive, does nothing to avoid risks. Here comes the option of preventive advocacy. Having a "legally healthy" company is admittedly the most desirable model, although of recent origin in our country, sedimented internationally.
Unindustria: What is the importance of the Preventive Legal Consultancy for the associated businessmen of the Unindustria?
Gilce: The amount and complexity of relationships that involves the routine of entrepreneurs absorbs too much time and energy to undertake.
Inherent in business activity, the entrepreneur knows that he is at risk, the most feared of failure. The market is inconsistent, the exchange rate variable, fiscal policy changes to the taste of political humor, labor legislation often disadvantages those who employ, consumers and suppliers oscillate between the best and worst friends of the company. The future scenario is always uncertain. This electrocardiogram is so common and constant that one often commits the worst of mistakes: to believe that this is normal, to get used to it. To kill one lion a day seems to be the sign of the one who undertakes, as if this "onus" was one of the clauses of the social contract. But undertaking is in the DNA of who moves that country with its innovative spirit. If it were different, each one would seek another way. It is left to the entrepreneur to undertake, because that is what drives him. Now, if you take risks, it is part of the business, much better if you can calculate the risks, decrease them, try to anticipate the unpredictable. Act sooner, more safely.
Unindustria: What are the advantages of preventive advocacy?
Gilce: Preventive advice enables the company to have greater security in its actions. Review of contracts and commercial partnerships, routine guidelines on labor relations, problems with consumers and suppliers, competition rights, analysis of potential litigation, among many others, are part of the relationship with the preventive business legal. A well-oriented and 'legally healthy' company stands out in the market by its own posture, expressing firmness and, at the same time, serenity in its convictions and contracting. Scaling up rights and duties for safe operation in the commercial arena makes all the difference. Companies that transmit security, suitability, transparency and quality in the commercial deal, gain in credibility and return. Breaking down, linking makes it easier for lawyers to find the "real problem" of the client, not just their legal problem. This is likely to result in greater business success, causing the entrepreneur to be spared from stress, damage and costs.
Unindustria: But is not advocating conflict resolution the main function of advocacy?
Gilce: Era. The current strategy is to avoid litigation. Even when the company has already filed a litigation, it is understood that the lawyer must take precedence over the attempt to conciliate. And, see, that does not mean giving up rights. On the contrary, it presupposes a knowledge of the Law and the Company in order to better guide the client in the concrete case, evaluating the financial and emotional impacts of the decisions taken and facing a legal process.
Unindústria: Who should seek preventive legal advice?
Gilce: Those who think that only large companies, large corporations, need preventive legal advice are deceived. A small / medium-sized company can rely on this support to support actions, looking at this opportunity to reduce costs and pursue their "legal health" in order to do business more safely and effectively.
Such advice, in addition to allowing more time for dedication to business activity, brings to the owner of the company a peace of mind that, as the saying goes, "is worth its weight in gold."
Unindústria: Where to start?
Gilce: The good news is that Unindústria has already begun. The associates can count on advisory and preventive legal advice in the business, civil, labor and consumer areas by contacting our office, at which time they will also be clarified in detail about the scope of the partnership through Unindústria. Do you know those "silly" doubts of the entrepreneur's daily life? From "silly" they have nothing. These are routine questions that carry with them potential litigation that we want to avoid.
Do you have any questions that are not included in the questions or would you like to speak with the legal counsel of Unindústria? Contact the association and find out how to use this service.