Can you describe a time when legal had to balance risk mitigation with enabling business innovation?

As Legal & Compliance Manager, I am in constant revision of the processes of the company and risk management. To enable business innovation, it was important to review all processes of the company and ensure that they could align with risk management and the level of risk that the company was willing to assume.

In that sense, one of the main processes created and improved to balance such aspects was to review the due diligence documentation such as KYC to our clients. The main objective was to ease the process but not relax the information needed in order to carry out business.

How do you build and maintain strong relationships with key internal stakeholders, especially in high-pressure or fast-moving scenarios?

In-house lawyers are now required to not only advise on legal matters, but also to know the business to issue opinions involving both aspects. In that sense, the job of an in-house lawyer nowadays to maintain strong relationships with stakeholders is to be seen as an ally and not a problem for the development of the business. To achieve this, strong relationships with internal stakeholders are built daily, being the centre of such relationships trust and respect. Not less important is the capacity of an in-house lawyer to listen and be aware of the particular need of each area or stakeholder and be able to offer creative solutions to what they perceive as only problems.

Regarding high-pressure or fast-moving scenarios, communication with key internal stakeholders is mandatory. As with all relationships, lawyers and internal stakeholders need to maintain a fluid communication to execute decisions based on the best option for the company. Sometimes, not much time is given to analyse deeply every aspect of a particular issue, so, legal needs to advise fast balancing all options and the best outcome possible for the company.

What do you consider the biggest challenge for in-house legal teams today, and how are you addressing it within your own team?

Nowadays, the biggest challenge for in-house legal teams is technology. Technology is not even close to what it was before, i.e., access to internet and books etc., but is now basically reduced to Artificial Intelligence and the use of AI. Nevertheless, AI is not to be misused or exploited. A clear example of a challenge for this is for instance when lawyers search for jurisprudence, AI is not always up to date on the latest opinions, or even worse, it shows an opinion or jurisprudence which is not real.

In that sense, technology and especially AI needs to be reviewed always by a human being who is in capacity of analysing the correct information. Regarding technology and AI, we try to use it more for statistics and data analysis than to search for jurisprudence or opinions because of the evident risk.

Carlos Lee

Attorney-in-Fact – Legal Advice Lima

Shougang Hierro Perú S.A.A.

(industry sector: Mining)

How has your role as in-house counsel evolved over the past few years, particularly in response to shifting global or regional dynamics?

Over the years, legal norms have changed. For this reason, lawyers have the obligation to update ourselves to comply with our main objective, which is to provide suitable legal advice. With this in mind, directors and managers will have the correct legal basis to make corporate decisions. As lawyers, we must provide legal advice not only so that the company benefits, but also so that the community and the State benefit.

Can you describe a time when legal had to balance risk mitigation with enabling business innovation?

The digitisation of documentation. This is a tool that favours and simplifies teamwork. However, all necessary measures must be taken so that digital information is not leaked, is used correctly, and the privacy of sensitive information is respected (for example: the protection of personal data).

How do you build and maintain strong relationships with key internal stakeholders, especially in high-pressure or fast-moving scenarios?

The best way to build and maintain strong relationships is to interact, always, with respect and politeness.

What do you consider the biggest challenge for in-house legal teams today, and how are you addressing it within your own team?

The greatest challenge has always been and will be to achieve the trust of the Directors since this (earning trust) occurs over time by doing honest and good quality work over the years.

How do you cultivate legal talent internally, and what skills do you see as most essential for the next generation of in-house lawyers?

The most important skills that an in-house lawyer must have are honesty, integrity, loyalty, and commitment. In any profession, everything can be learned, but the values indicated, among others, are inherently a result of a good education, and this is what matters most.

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?

My client is a company in the field of large-scale mining in Peru, which has always acted in such a way that all its decisions contribute to the protection of the environment, as well as occupational health and safety. As a legal advisor, our obligation is to advise correctly those who make the decisions, so that the regulatory framework is strictly complied with and even, if they consider it relevant, they can go further for the benefit of safety, the environment and the community.