Jorge Carita Simão – GC Powerlist
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Portugal 2023

Energy and utilities

Jorge Carita Simão

Head of litigation | Galp

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Portugal 2023

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Jorge Carita Simão

Head of litigation | Galp

Could you tell us a bit about your significant successes in your role?

First and foremost, it should be emphasised that the legal department is (and should be) seen as a fundamental partner of the business. I have had the good fortune of belonging to one of the largest Portuguese companies in the energy sector, with over 170 companies in its corporate group, and successfully overcoming various challenges it faces. In addition to all the so-called “traditional” business branches, such as downstream, midstream, and upstream, we deal daily with areas responsible for new businesses, from renewables to new concepts of self-sustaining stores.

As you can imagine, the challenges for the legal department in general, and for my current role in particular, are quite varied. From the outset, the area of litigation which I currently have the privilege of leading, and which was previously led by Marta Cruz de Almeida (current general counsel) for about eight years, is seen as a fundamental piece for the business, not only by the other members of the legal department but also by the organisation.

In litigation, we must be versatile and deal with all aspects of the legal department in general. They want us involved in phases where no litigation is yet foreseeable, in a purely preventive approach, acting as an active business partner, planning for the future and anticipating scenarios, providing key advice and strategic guidance to inform business and management decisions. I believe this is one of the greatest successes that I must highlight. Naturally, we also have a variety of ongoing judicial processes, from consumer complaints in arbitration centres to major tax disputes with the State. In particular, in this last domain, I would highlight the recent victories we have had in the extraordinary contribution on the energy sector, which involve billions of euros for the energy companies.

In your opinion, what are the qualities and skills needed to form a strong legal team?

In my opinion, soft skills are as necessary as hard skills. I must emphasise that loyalty and a spirit of mutual assistance, in addition to the necessary technical expertise, are the most important values. And these values must be instilled form the very beginning, from the moment we start working with trainees, who know from the beginning that after the internship they may join the legal department.

In addition, it is essential that a corporate lawyer knows that they must be permanently interconnected with the business, ensuring its success by seeking legal solutions that best suit its needs. All of this makes a company’s legal department seen as a business partner, moving away from the reality of some companies where the in-house lawyer is only seen as a “forward lawyer”.

Of course, a strong team does not necessarily mean a large team. We may be few, but we must strive to be the best at what we do and in the relentless pursuit of the best solution for the business, always resorting to external law firms that specialise in a particular area when necessary, but always being ourselves the point of contact and responsible for making the final decisions and providing advice to our internal client. And all of this often needs to be done very quickly, while we have many other pending matters in our hands.

What challenges have you overcome to get to the position you are in today?

At this point, and without a doubt, despite my entire career having been in the litigation area, there have been some challenges that I had to overcome to perform the role that I currently hold. Firstly, being multitasking and having to familiarise myself with various legal subjects and branches of law as my collaboration is required, even without having all the preparation time I would like. As an example, sometimes having several consecutive meetings, one discussing a tax issue, another a public law issue, and another, for instance, a purely civil issue, such as force majeure or change of circumstances (issues that have been particularly debated since the Covid-19 pandemic and the subsequent war in Ukraine).

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