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

It is highly unlikely that a crisis will occur suddenly. Almost always, the market provides signals of gradual deterioration, which allows for the anticipation of unstable periods. 

Being attentive to these market signals enables preparation for potential crises. Forethought and proactivity are essential for managing difficulties and minimising adverse consequences. 

In legal terms, it is crucial to stay informed about legislative projects and changes in regulations in general. This enables the implementation of necessary adjustments before any new regulations become mandatory, thereby helping to avoid fines and sanctions for the company and its clients. 

By anticipating market changes, it is also possible to manage adjustments in the rules governing commercial relationships with clients and suppliers. It is less likely that a client or supplier will accept changes to the “rules of the game” when the situation is already adverse. Addressing these changes in advance allows for finding a compromise where neither party suffers disproportionately. 

What measures has your company taken to incorporate 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? 

Identifying risks is a fundamental task of a company’s legal team. A compliance programme is the best way to detect risks and prevent their consequences from materialising, thus ensuring the sustainability of the business and the company. 

At FINNING, we have been implementing and continuously improving a compliance programme that aligns with the National Legal Framework for several years. 

While the legal affairs department leads the compliance programme, we have worked to engage all departments and employees in its development and implementation. Each employee must be aware of the risks inherent in their functions and be prepared to mitigate them. 

What emerging technologies do you believe will have the most significant impact on the legal profession in the near future, and how do you stay updated on these developments? 

Every day, new and improved software is being developed that can enhance legal services, such as tools for risk management and compliance programme management. Specialist legal and business journals are an excellent way to stay informed about these software developments. 

Furthermore, artificial intelligence appears to be posing a challenge across all market sectors, and the legal field is no exception. 

In addition to the urgent need to create regulations governing its use to prevent abuses and harm to citizens, it is clear that AI has the potential to be a powerful tool that can offer numerous advantages and streamline operational tasks. However, excessive or improper use could lead to detrimental outcomes. 

How do you prioritise diversity and inclusion within your legal department, and what initiatives have you implemented to foster a more inclusive and equitable work environment? 

Training and communication are crucial for creating spaces where everyone can work comfortably. Through these practices, a corporate culture can be developed in which diversity and inclusion are core values. 

It is also important to establish mechanisms for individuals who believe they are victims of discrimination to seek protection. For example, this could involve creating internal policies and procedures and implementing reporting channels that ensure confidentiality for the whistleblower, whether anonymous or not. 

The success of these policies will depend on their effectiveness, which necessitates thoroughly investigating all complaints. 

Can you comment on a particularly challenging dispute or M&A scenario you have faced and the innovative strategies you implemented to address it? 

Recent disputes with sufficient relevance to discuss are currently ongoing, so I am unable to comment on them at this time. 

In your opinion, what are the main trends currently relevant in your country (legal, political, economic, or business)? 

Bolivia is advancing towards the digitalisation of various public services. Gradually, in-person procedures are being replaced by online processes, which simplify achieving the desired outcomes. Although there is still much work to be done, this is a significant and necessary change for the country. 

In the legal realm, a regulatory change in 2021 has started to gain importance. Law 1390 established criminal liability for legal entities, which, although it has been implemented in other countries for several years, was previously an exception in Bolivia. 

Currently, it is limited to corruption-related offences and others of a similar nature, but the trend is for its scope to gradually expand, as seen in Chile and Argentina, for example.