Legal Risk Management - Anticipating and Pre-Empting Legal Problems

January 2010

Abstract

Legal service provided by in-house lawyers evolved over the last period from pure advisory and consultancy type of business into legal risk management. Business is considering in-house lawyer as their business partner and not only as their specialist in legal matters. This demanding relationship will lead in-house lawyers to focus on proactive legal services to manage business expectation – anticipating and pre-empting legal problems. Legal work will no longer required to concentrates only on addressing specific deals or disputes but to understand the business in all aspects and to align the legal strategy with the company strategy. Such business expectation trigger high responsibilities for an in-house lawyer in Romania where the legal regime is a fast changing environment and where the judicial system does not recognize the precedent concept. Therefore to predict the chances in case of a potential litigation and to develop a legal strategy for the specific needs of the business is a challenge. I shall develop in my article some of the challenges developing the trust business relationship with the internal clients. I shall not forget the reason why I choose to go to the Law University – the Court cases – and I shall explain some challenges that we might have following interpretation of the precaution principle stated in European Union Treaty.

Company

Vodafone

Vodafone Romania, a subsidiary of Vodafone Group Plc., had 9,532,530 customers, as of 30 June 2009. Vodafone is the world's leading international mobile communications group with approximately 315 million proportionate customers as at 30 June 2009. Vodafone currently has equity interests in 31 countries across five continents and around 40 partner networks worldwide.

In the few short years since I wrote an article for the International In-House Counsel Journal advocating for the stronger integration of technology into the strategic planning of in-house legal...Read more

Dirk Naumann

Executive Vice President of Legal, Regulatory, and Compliance, and Chief Legal Officer , Orange Business, International

From Law to Metrics: Quantifying and Managing Risks Related to Human Rights and the Environment in Global Supply Chains

Various legislators have discussed and implemented regulations on sustainability in supply chains in recent years. Examples include the German Act on Corporate Due Diligence to Prevent Human Rights Violations in...Read more

Maik Ebersoll

Head of Legal Operations, Robert Bosch GmbH, Germany

Matthias Meyer

Head of the Institute for Management Accounting and Simulation, Hamburg University of Technology (TUHH), Germany

Mark Schmidt

Research associate , Institute of Management Accounting and Simulation, Hamburg University of Technology (TUHH), Germany

Achim Tschauder

Program Director, Bucerius Legal Operations Campus, Germany

Forging new roles and processes in Ethics and Compliance

Ethics and Compliance tasks at companies are often channelled through a compliance officer and a centralized compliance team. However, more and more activities are arising that fall in the Ethics...Read more

Marie-laure Pedamon

Compliance Director - EMEA Due Diligence and Hospitality Corporate Legal and Compliance Organization, Nokia Corporation, France

Is China’s Increased Investment Elevating Latin America’s Risk Profile?

Economic initiatives within the Latin America region over the past two decades have led to a dramatic increase in investment from China, particularly within critical industries such as energy, infrastructure,...Read more

Drew Costello

Partner, Forensic Risk Alliance, USA

Brian Ross

Associate Director, Forensic Risk Alliance, USA

Jordan Basich

Associate Director, Forensic Risk Alliance, USA

Legal Risk Management - Anticipating and Pre-Empting Legal Problems

Abstract

Author

Company

Vodafone

Related Papers