Our focus is on people.
People exist and because they exist they have to co-operate. This is how states, countries, civilised societies, enterprises, associations, foundations, corporate groups, etc. emerged.
As the human being is by nature never fully satisfied, there is ambition and the capacity to create, innovate and take action.
Today, organizations do not dispense with legal regulations. The law governs everything and is designed to predict, inspire and shape any situation.
Life can however be far richer, more unpredictable and surprising. There is normality and there is pathology.
Within normality, enterprises are born; they grow, live and die. Companies are incorporated, changed, transformed, taken over; they associate, merge and are extinguished.
Within normality, business flows. Sometimes the spoken word is sufficient. Other times contracts need to be written down. Form is essential and prediction is indispensible. Precautions against possible consequences need to be taken and risks have to be assessed.
Within normality, contracts shall be completed and obligations met and fulfilled; alliances are made and are kept and long lasting relationships are consolidated. Labour and corporate relationships for instance are developed in harmony and for the benefit of both or all parties.
This is often the case due to the essential, preventive and early intervention of a lawyer, discouraging conflicts.
Within pathology, the process turns out to be more complicated. The lawyer’s intervention is no longer significant but indispensable, apart from that of the mediator, the arbitrator, and the judge. It is necessary to overcome psychological, economic, legal, procedural, administrative and bureaucratic obstacles.
It is necessary to guarantee the essential elements, without neglecting the secondary aspects. However it is important to outline strategies, as well as to assist on the ground. It is necessary to define a tactical approach without losing sight of the the final goal.
Whether we are referring to corporate, banking or financial law or whether we are talking about matters related to taxes, or to civil, commercial or labour law, what matters is to understand what can or cannot be achieved and by what means and to assess the costs/benefits carefully.
The law is an instrument, a tool, a remedy, a palliative. Laws are part of the solution and should not be part of the problem. However, there are boundaries…
To be able to perform, make a correct diagnosis and prescribe the appropriate therapy, without pain or with the minimum distress, the assistance of a lawyer is essential. Think about it now, because later it could unfortunately become more difficult, or it may even be too late.