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What are the most important transactions and litigations that you have been involved in during the last two years?

Due to the nature of our business, we are facing mainly administrative litigations especially with respect to permitting. These cases have significant impact on our operations, besides the reputation of our company. Therefore, these cases need to be followed very carefully, where we need to review the petitions and evidences couple of times. Also, we need to follow these cases internally and coordinate with the related team members within the company.  To reach the related people within the company, discuss the process, write those in the petition in a format to be understood by the judge are sometimes very challenging.

Besides above-mentioned litigations, we need to enter into royalty agreements to develop new mine sites owned by a third party. The implementation and interpretation of royalty agreements are slightly different from abroad, especially the US.  It is hard to convince the Turkish investor that the royalty agreements are long road documents where the investor, which is us, will take the liability for development of the mine area for a long time and in case of success earning jointly since then.  Also, local-foreign investment cultures are conflicting, and we have a really tough negotiation process to complete an agreement.

What are the unique challenges, if any, of working in-house for a leading gold mining company in Turkey?

The main challenge is that we are not only the in-house, but we found ourselves automatically in a position to assist all departments other than technical ones.  In addition, we are not dealing only with legal side of the issues, but we need to combine legal-business where we conduct our services in line with corporate objective and long terms strategy of the company. In the mining sector, local work force and contracting is very crucial.  Therefore, we need to adjust ourselves while reviewing, executing and terminating the contracts and look totally from a different angle.  Finally, due to the nature of the work, we often travel to mine site and spend time there.

How do you suggest in-house lawyers build strong relationships with business partners?

There is really significant evolution by the in-house lawyers who have become one of the key positions in the companies.  The consent of the in-house lawyers is being sought not only for the review of the legal document but enter into a deal with a third-party.  Besides specifically for mining companies, the technical people do not want your intervention since they see us the blocking party in one hand, but also, they do not want to proceed without our comment and/or consent on the other hand.   We have been expected to be more productive and to meet short deadlines.

Given your previous private practice experience, what do you feel are the pros and cons of an in-house legal role compared to working in a law firm?

First of all, I have to confess that working in-house legal is more difficult working in a law firm.  This can be seen vice versa from the outside.  While working in a law firm you make research, share your expertise and give the options to the client.  Then the client, which is generally the in-house lawyer of such firm, will give the final decision and should sit behind it.  Therefore, the law firm that you are working and what you are expecting from that become more important.  Also, law firms’ lawyers should work for a limited time period as seconded in-house counsels.  This will really help them to understand the needs of the client and how to submit the work product to a client.  Unless specific cases, a couple of pages of work product can help rather than submitting two hundred pages memorandum to a client.  The law firms should not forget that the recipient of the work product is a legal person and has at least basic legal knowledge.  It is understood once you are in-house that everything is urgent and important which is frustrating for the law firms.  Being an in-house means that there will be always pending work on your desk and such pending work can wait longer than expected.  But in any case, both positions have their own pros and cons from the perspective of personality, time, and company.

Do you use any “legal tech” products currently? What is missing from “legal tech” products currently in the market?

Freedom in the world of technology including legal, seems opening paths for legal departments which until now was inaccessible.  We are using legal tech products for legislation research, filings of the documents and similar.  We are also using for policy trainings through internet.  Employees should read the polies, complete the exam and then acknowledge.  This really helps us to gain time.  Having different offices in different places, this really helps.  However, on the other hand, technology is always extremely developing where we should get to use them and adopt ourselves and companies to use in the same approach.  We cannot ignore the technology despite we need to embrace it.  All lawyers regardless of in-house or law firm who wants to thrive in business must lean towards technological transformation.

In what ways do you see the in-house legal role evolving in Turkey or the wider region over the next few years?

Lawyers are finding more seat in c-suite level of the companies.  As the lawyers will be deemed as business partners, rather having one lawyer in the company, legal teams are establishing within the companies like partnerships.  Such evolve will raise the importance of the experienced lawyers.  In addition, having the right legal team internally, will significantly decrease the legal fees.  The other issue for evolvement is to able to work and understand millennial generation.  Their way of working, thinking expectation are totally different from the “old” lawyers.  Since time is elapsing, we need to find a way to work with them in line.  Millennials expectations will make a significant change such us identify the sense of tasks, provide clear and prompt feedback which will increase efficiency in a different way that we used to.