ONGOING LEGAL ADVICE
Special characteristics of our services
Any business would want a legal expert who is so well versed in its internal workings that he or she could intervene in every negotiation, every contract, every claim, in a timely manner and always adding value. In fact, he or she could be so up-to-date that he or she could offer guidance in advance, even before any formal action is required. Wouldn’t it be comforting to know, in real time, the possibilities for action according to applicable law in order to manage meetings and negotiations, to evaluate the room one has for manoeuvre, based on strategies that have already been studied, and to receive balanced advice on the real-life opportunities and risks of the business?
A legal advisor who would make this possible would not only be well versed in the law and in the management of legal and administrative proceedings but would also be well-versed regarding the type of suppliers and clients with whom the business interacts, the sensitivity of the relationships involved, as well as the management of related issues, uncollected debts, and the negotiations to be conducted. The deep understanding of the business’ objectives would allow him or her to get involved proactively, suggesting changes in contractual arrangements that might be strategically critical; additionally, such deep understanding would generally increase the effectiveness of his or her evaluation of each specific case that would come up in the day-to-day events of the client’s business.
However, this is legal consulting, and not science fiction: to be more precise, it is “ongoing consulting”. With an ongoing consultancy agreement with a qualified legal advisor, expertise in the field of law is combined with familiarity with the commercial and productive world of the client. The drafting of commercial contracts, the management of problems with clients and suppliers, the close attention to reaching an amicable solution to disputes, are the focus of such productive collaboration; the avoidance of traps and the prevention of difficulties in the terms of the agreements and the activities in which the company is involved, the identification of the debtor’s assets that can be attached in order to efficiently and realistically collect debts, represent the unique value added by an ongoing consultancy arrangement with the client.
The Cascio & -Ferraro way of doing things
The Law Firm of Cascio & Ferraro assures the utmost punctuality and accuracy in the management of each and every ongoing consulting relationship. The Client establishes a direct relationship with one of the Firm’s partners and can take advantage of the support of the other talented lawyers affiliated with the firm who have acquired valuable expertise in the relevant industry and field of law. The continuity of information flows ensures a constant update on the details of each activity, as well as a comprehensive view of the business’ organization and value generation. This highly practical work arrangement allows for timeliness and accuracy: the right solution at the right time in order to bring success to the Client’s efforts.
Our ongoing legal consultancy also includes activities related to credit recovery: the difficulties that late payments cause in business’ cash flow are a very common experience for Italian companies [link to “Credit Recovery” page]. The familiarity with the daily management of business life ensures taking timely action in sending reminders when invoices are due. In case of continuous, repeated delays by the debtor, the Law Firm of Cascio & Ferraro puts into action the appropriate legal tools to enforce the Client’s rights. The extent of such tools and proceedings provided as part of the Firm’s legal assistance is agreed upon in advance every year, in order to plan out and limit costs, based on each client’s available means and actual risks. The package therefore includes credit recovery efforts, such as court payment orders, injunctions, third-party asset foreclosures, as well as applications for the recognition of debts and related liabilities. It also includes the later litigation portion (if necessary) regarding all issues that the Firm’s advises the Client on (with rates agreed in advance). The Firm’s continuous consultancy service provides an advantage in the event of unsettled legal disputes that end up in court, due to our attorneys’ earlier proactive sensitivity, from the outset to everything potentially useful as evidence at a later trial. “Si vis pacem, para bellum” (“If you want peace, prepare for war”) is a motto very much applicable to pre-litigation efforts to resolve a dispute. In such case, it is (of course) better to be on the side of those who are well-prepared, from the beginning.
The distinctive features of the Law Firm of Cascio & Ferraro
The Law Firm of Cascio & Ferraro has gained experience in various industries, including insurance and pensions, fashion, kitchen manufacturing, lighting, transport and engineering. It has also become a point of reference for foreign companies entering into distribution arrangements with Italian companies (for Italian products in their home countries, but with contracts governed by Italian law). Foreign companies are accustomed to so-called “self-regulatory” contracts, basing the commercial relationship exclusively on the terms included in the final signed agreement, following shared international practices based on Anglo-American contractual approaches. However, they fail to realize that contracts governed under Italian law are also subject to other principles and terms included in the Italian Civil Code, as well as other special laws. Also in this case, therefore, the legal counsel, who knows the Italian regulatory system and the experience of the company from the inside out, becomes truly essential for a correct preparation of the distribution contract. Such counsel’s function is to bring to bear the skills and knowledge that foreign management (and foreign counsel) lack, and to get involved in advance to avoid critical issues that often arise due to the differences of mentality and perspective between the Italian system and other legal systems. Our expertise in legal matters, enriched by decades of litigation practice, is accompanied by sensitivity to proper cultural mediation efforts. In order to be able to carry out this task effectively, technical preparation and vertical specialization in the law are not enough: it is also necessary to have wide-ranging knowledge gained through extensive experience and a certain dose of empathy in managing cross-border human relations. Indeed, this is the contribution that truly sets apart the Law Firm of Cascio & Ferraro, with its years of experience, from the rest of the Milanese legal market.
Not just ongoing legal advice
It is difficult to quantify the aggregated value of the disputes that have been prevented through the provision of ongoing legal consultancy arrangement, or of the legal violations that have been avoided. However, the significance of this type of ongoing “vigilant” relationship also lies in the greater freedom from the unexpected arising of legal problems large and small, and the increased ability to focus organizational resources on the business goals of commercial and financial growth.
For informations or consulancy
Via Lamarmora 40 • 20122 Milano
tel +39 02.55194437 • fax +39 02.55194446