The role of legal counsel in a commercial company in Spain

Legal advisors sound like something far removed from the company, but they play a much more important role than we tend to think. They are essential to ensure compliance with the legal and regulatory regulations applicable to the company, and also to protect the interests and rights of the company in its relationship with third parties.

The legal advisor is the professional responsible for advising the commercial company on all legal issues related to its business activity. This means that it drafts and reviews contracts, manages conflicts, anticipates risks and assists in court proceedings.

What are your main functions?

  • Contracting advice: The legal manager is responsible for drafting, reviewing and negotiating contracts with suppliers, customers and other third parties. In addition, it can help in the management of contractual relationships and in the prevention of conflicts.

  • Manage conflicts: In the event of a legal conflict, the consultant can assist in the resolution of the conflict, either through negotiation, mediation or representation of the company in legal proceedings.

  • Prevent risks: The legal advisor can advise the company in the identification and prevention of legal risks and regulatory threats, as well as in the implementation of measures to minimize them.
  • Assist in court proceedings: If necessary, legal counsel can represent the company in court proceedings and provide assistance throughout the process.

We don’t have to think only of large companies, but also of smaller companies. In fact, having the right legal advice can help companies avoid unnecessary risks and make more informed and informed decisions.

To be the legal advisor of a company in Spain, you must meet certain training requirements, such as having a university degree in Law and being a member of the corresponding Bar Association. In addition, solid training and experience in commercial law is required, as this area of law is especially relevant for companies.

You are a legal advisor and can be part of the company’s workforce, work as an employee. If they belong to the company, they work exclusively for them, while if you hire a law firm or a freelancer, the legal advisor will work on different projects.

We don’t want to go too far into the advantages and disadvantages of belonging to the company or not, because it would make for another post, but it is clear that legal counsel, as well as any other worker, if they are part of the workforce, feels much more integrated, and generates greater responsiveness, but it involves a higher cost for the employer. Outsourcing, if there is a group of lawyers behind it, can be interesting, because they touch on several areas of the sector.

In any case, it is important for the company to choose the option that best suits its needs and resources, taking into account the advantages and disadvantages of each option.

What is the key to the relationship between company and consultant? Trust. The legal officer must work closely with Management to understand their needs and objectives, and to provide legal advice that is appropriate and relevant to the company.

The company must provide legal counsel with all necessary information to enable him to perform his duties. Some of the things they must provide them are information about the products or services, about their organizational structure, their internal processes and procedures, and any other aspect relevant to the company’s business activity.

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