Óscar Fernández León wanted to reflect in this interview on the extraordinary situation we have suffered for a year. Collaborator in Thomson Reuters, both in training and through his numerous books, author of a post in his two blogs on this legal portal and also in Actualidad Jurídica Aranzadi, he analyzes the moment that we have had to live.
How are you and León Olarte Abogados experiencing the pandemic?
With great concern, since the uncertainty is there, and although the light is already visible at the end of the tunnel, the truth is that our office has had to adapt to this critical situation, since we have been affected, like most of the firms, due to the consequences of this crisis: new ways of exercising, new demands from clients, economic precariousness of the firms and their clients, factors that have required us to adapt and transform ourselves in order to respond to these challenges. Ultimately, we are concerned, on constant alert and ready for change.
And how is the legal profession coping?
I think that in a similar way to the one mentioned above. There is no doubt that, depending on the firm’s activity, some have not been affected, others have even improved their results, but most (and especially the small firms) have been hit hard by the economic precariousness that arose after the pandemic. Given this scenario, what is striking is that lawyers are knowing how to adapt, and many have faced for the first time issues as vital as examining the market, making strategic decisions, controlling everything related to the treasury, implementing new forms of work and, above all, the use of new communication technologies. This, in itself, carries a germ of improvement for the future of the profession.
The pandemic has put the accent on digitization. One of the points that are on the table are the telematic judgments. How do you rate them?
In this matter I have a “broken heart.” I am a lover of face-to-face trials, since I consider that during oral proceedings is where the lawyer can display all his skills for the best defense of the interests of his client; direct contact with those involved in the trial is key to developing this defense.
However, the situation of the administration of justice is what it is, and in the face of this endemic problem, telematic trials (naturally with certain limitations in their application) can favor, among other aspects, the speeding up of procedural procedures, hearings and appearances and saving money, time and work for the lawyer (travel, waiting, etc.), all without prejudice to (in current times) the reduction of the influx in judicial facilities ensuring physical distance and, therefore, guaranteeing the safety and health of all.
Naturally, there are various drawbacks such as affecting the judge’s immediate vicinity, and if I may, that of the lawyer himself, and this without forgetting the numerous problems that are arising as a result of the lack of technological and human resources that prevent telematic judgments work properly.
Therefore, I believe that if the human and technical resources are available, telematic trials will improve the functioning of the administration of justice, although the exceptions that require presence (always to the benefit of the right of defense) should be regulated more profusely. In any case, when it comes to trials, many of the benefits of being present will be lost.
A prolific author like you, how important is the professional skills of lawyers?
Growing professionally in the world of law requires the performance of a series of competencies that are assumed essential to get the best out of the profession. A set of skills that every lawyer should develop throughout their career.
To focus the answer a little more, professional skills are those that every lawyer actively uses in the profession, as essential tools for the development of their activity. Therefore, they are essential skills to practice law: legal advice, mediation and negotiation and, finally, defense before the courts. We could highlight the general competences that have to do with oral and written communication, which implies intelligence, imagination, capacity for analysis and abstraction, mental adaptation. It is also good to enhance the ability to study and be aware of the most advanced information technologies on the market. Likewise, we must develop capacities to advise our clients – knowing how to listen, empathy, concentration-; have a vocation to negotiate and to know how to intervene in public, which would imply speaking, mastering verbal and non-verbal language, interrogation techniques and having a high resistance to frustration at key moments.
When does Óscar Fernández León rest? Once upon a man stuck to a new project …
Well, do not believe yourself, of course I rest, I have, like all colleagues, their time dedicated to family and my hobbies, and as soon as I can, I escape … But I also have to tell you that all the projects that I develop in relation to posts , articles, books, courses, conferences, etc. I perceive it as another hobby, so when I sit down with it, you can’t imagine what I enjoy.
Will we come out stronger from is?
Without a doubt, lawyers have understood the current scenario, and we have known how to adapt, innovate and transform ourselves. Therefore, when this ends, we will come out stronger.
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