How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

Constant updating of the legal area of any company or institution is vital, both in terms of national legal regulations and international legal trends and strategies. In addition to creating an internal regulatory framework and procedures that help to detect potential legal contingencies in a timely manner, thereby avoiding them, preventive measures are essential to prevent the crisis from exceeding the organisation’s capabilities.

It is important to have a specialised legal department, but it is also important to understand the functions, tasks and objectives of the other units within the organisation, as the law is cross-cutting and can be present in absolutely any area, from the way in which marketing strategies are developed to the analysis of a budget or its execution. In this sense, the in-house Legal Advisor or Manager must be multifaceted and capable of effectively supporting the entire organisation with their knowledge of legal regulations.

On the other hand, legal professionals must possess a set of soft skills that enable them to cope with periods of instability or crisis with complete resilience. Teamwork, leadership, the ability to make decisions under pressure, efficient use of time, and proper stress management are key to ensuring that a legal professional’s judgement is fundamental to making executive and comprehensive decisions that will guide the future of the organisation.

Finally, the in-house legal manager must continuously study, analyse, and evaluate all the external factors that have led to the period of instability or crisis. One cannot be oblivious to the macro and microeconomic situation of our city and country. In addition, the international situation of the markets and even international relations and the global political situation must be taken into account.

What role does the legal department play in promoting and ensuring corporate social responsibility within the organisation?

Firstly, in-house legal advisors must ensure that social responsibility activities comply with current legislation and are carried out appropriately, without giving rise to legal risks. Failure to verify the legal framework of any activity carried out by the organisation, however beneficial it may be considered to society, can have very costly economic, social or political consequences. Activities that highlight our organisation’s commitment to the community should be supported and led, but without losing sight of the legal framework so that Corporate Social Responsibility does not become a problem for the organisation.

Another fundamental aspect of properly implementing Corporate Social Responsibility within organisations is to establish agreements and alliances with other institutions that intend to collaborate with the objective of the activities. This enhances their impact, generates greater social awareness and relevance in the community. In this regard, in-house lawyers must be highly skilled at drafting documents that clearly and concisely set out the rights and obligations of each of the organisations, companies or institutions participating in the agreement or alliance to implement CSR activities.

It should not be forgotten that in Bolivia, Corporate Social Responsibility is not compulsory or mandatory by law. However, given the complexity of the country’s social and political fabric, it is vital that organisations build close relationships with the populations and communities with which they interact when carrying out their economic activities, as there is currently a deeply rooted culture of generating social conflict in the face of any discomfort or disagreement. In this sense, corporate social responsibility, in addition to generating clear and direct support for the population, should also serve to build bridges and strengthen ties with the community.