What are the projects that you are most proud of working on over the past 12 months?

Greater effectiveness in legal advice and support has been achieved through improvements in the structure of the legal area and specialisation, according to the most important and riskiest aspects of the companies. This has led to better interaction with all the other areas of each company, making the support of the legal team more efficient and timely. Each of the lawyers on the legal team is assigned a specific matter to attend to, acquiring greater experience and specialisation in that particular area. For example, one lawyer was assigned all issues related to agricultural land and the activities carried out on those lands, in order to provide the necessary legal support to the field areas and agricultural services. Another lawyer was assigned all matters related to corporate issues, corporate governance and administration, to provide support and advice to the areas involved in those topics. In this way, each lawyer can attend to the respective departments that are related to the matters assigned to them. This project to improve the attention and support of the legal area has produced excellent results, and the other areas of the companies feel that they now receive better attention from the legal team.

In a review across different departments, we identified that processes and activities were being handled inadequately in some areas, which were generating legal risks. As a result, together with the legal team, we decided to carry out a Legal Due Diligence project in all areas, to detect what legal risks existed. Through this project, we were able to highlight issues that had originated years ago and could potentially result in conflicts or legal contingencies. Once these risks and legal contingencies had been identified in each department, we developed legal policies and processes for each one, in order to eliminate poor practices, improve other procedures, and significantly reduce legal risks and contingencies.

How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience? 

As we have each member of the legal team focused on a matter or aspect of greatest importance for each of the areas, it is easier for each lawyer to identify the main legal aspects that may arise in each area in times of instability or crisis. After identifying the main legal aspects that may affect each area during such times, we met with general management and the management of each area to explain these legal aspects and the actions to take in order to avoid impacts or significant contingencies.

In addition, we formed a multifunctional team with all areas to execute the action plans. We had to do this during the period of high insecurity and increased crime in Ecuador during 2023 and 2024. This situation was affecting operations in the company’s agricultural fields, as well as the transportation of products and the safety of workers. To face this crisis, we formed a team with the areas of human resources, agricultural services, security, and administration. With this team, we developed an action plan, which included legal processes and coordination with public institutions, government authorities, the prosecution service, the judicial system, police, and military forces, achieving important support to overcome the situation.

Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?  

I had the opportunity to lead a project to patent the formula of an Ecuadorian product. By forming a team with the research and development and production areas, and once the product had been created with a special formula unique in the world, we developed the legal documentation to apply for the patent of the formula in several countries. As a result, we successfully obtained the patent in the European Union, Nigeria, the Dominican Republic, Ecuador, Peru, Honduras, El Salvador, Haiti, and other countries. I can affirm that it has been a great professional experience, as we faced opposition from large multinational companies during the patent processes. However, with the multifunctional team, we were able to present technical, scientific, and legal arguments that enabled us to secure the patent.

What do you think are the most important attributes for a modern in-house counsel to possess?   

Today’s in-house lawyer must have a lot of resilience, because companies are increasingly dynamic and require rapid changes due to technological developments and constant changes in global markets. If the in-house lawyer is not keeping up with these changes, they can become a barrier instead of being an important support within companies. In addition, they must know how to work as part of a team, because legal areas today no longer work independently as they did a few years ago. Currently, legal teams must interact extensively with all areas of a company, to understand the business well, detect legal needs and risks, and provide better support. Likewise, they must be involved in all the organisation’s projects from the moment they are planned, because it is increasingly evident that in every project there are always legal aspects to consider. The in-house lawyer must also be a strategist, to contribute more effectively to each project, and not just act as an advisor.

How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation? 

It is becoming increasingly important for companies to implement a culture of environmental care, social responsibility, and corporate governance. This is because today’s consumers or clients no longer base their choices solely on the quality of a product or service, but also consider the reputation of the company providing them, particularly in relation to environmental, social, and good corporate governance practices. In this regard, the in-house lawyer plays a very important role, as they are responsible for developing policies that promote good practices within the company. They must advise, monitor, and ensure that each area carries out its activities in compliance with environmental standards and that the company’s operations have a positive impact on its stakeholders. Likewise, the general counsel or in-house lawyer must promote a culture of ethics within the organisation. To achieve this, it is essential that they develop and implement a code of ethics and good corporate governance policies, which involve shareholders, administrators, managers, employees, suppliers, clients, and others, generating a shared awareness of doing the right thing in order to build and maintain a strong corporate image.