Gerente asuntos legales | Banco Mercantil Santa Cruz
Sergio A. Rocha Méndez
Gerente asuntos legales | Banco Mercantil Santa Cruz
How do you manage legal compliance aspects during periods of instability or crisis, and how do you align your compliance strategy with the overall business strategy to ensure organisational resilience?
The legal department plays a crucial role within an organisation due to its cross-functional involvement across all areas. In challenging situations where emerging risks of contractual non-compliance increase, it is essential to adopt preventive measures to manage these risks effectively. These measures include: reviewing contract templates to adapt them to more complex conditions regarding the enforceability of obligations in the event of non-compliance; implementing contracts, addenda, or clauses that allow for the possibility of reprogramming or restructuring obligations affected by an unstable environment; establishing procedures to strengthen contentious strategies in response to a potential increase in emerging litigation; coordinating with both commercial and operational areas to provide training on current and new regulations issued by regulators, ensuring effective management of reprogramming or restructuring processes.
What steps has your company taken to incorporate sustainability practices into its core business operations, and how does the general counsel’s role contribute to promoting and ensuring sustainable practices within the organisation?
Given that one of the sectors most affected by the current situation is the financial system, our institution has been compelled to adopt measures to minimise credit risks, which have increased due to the adverse economic conditions.
In this context, with the support of the legal department, the organisation has implemented mechanisms for debt reprogramming and restructuring to reduce delinquency rates caused by the unstable situation. The role of the legal advisor has been pivotal in implementing these proposed mechanisms as described.
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 informed about these developments?
The advent of Artificial Intelligence (AI) is undoubtedly transformative for the legal profession. Legal professionals should take the following steps: continuously train in the use of AI technology — this training will enable lawyers to use the tool efficiently and appropriately. The appropriate use of AI involves using it as a support tool without becoming reliant on it, allowing lawyers to develop their own legal judgments rather than depending on arguments generated by AI.
It is essential for lawyers to retain traditional research methods (such as bibliographic or jurisprudential consultations) to reinforce their own legal reasoning, which, supported by AI, can become powerful tools in legal practice.
To stay updated on technological developments, there is a growing range of training opportunities, including through social media, which professionals should select and utilise effectively.
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?
In my legal department, we place fundamental importance on professional capability and experience without regard to gender or other factors.
This approach helps maintain a balanced work environment unaffected by extraneous factors. However, both the organisation and the legal department I am part of maintain a zero-tolerance policy towards any form of discrimination or racism.
In your opinion, what are the main trends currently relevant in your country (whether legal, political, economic, or business-related)?
In Bolivia, political considerations often take precedence over other aspects, impacting all activities, including legal practice. One of the most urgent issues to address is the administration of justice, which is unfortunately highly discredited due to: lack of independence of the political power, corruption, inadequate training of justice operators, and incompetence of these operators.
To foster a conducive environment for economic and business development, it is necessary to improve the administration of justice in the areas mentioned. This will ensure legal certainty and facilitate progress in legal research within purely legal realms, free from political calculations, as justice operators will respond solely to technical criteria.
Gerente legal | Banco Mercantil