In the exercise of rightthe Legal services They can be divided into two large branches: litigious and non -litigious, each with clearly differentiated approaches, objectives and challenges.
According to Daniela Corchuelo, partner of the firm Posse Herrera Ruizthe legal accompaniment in litigious matters implies representing a part within a conflict that undergoes a judge or arbitral tribunal. However, in the practice of your signature, there is also a strong emphasis on prevention, intervening even before the dispute arises, for example, in the writing of contractual clauses or during complex negotiations.
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From a complementary look, Manuel Alejandro Plazas, lawyer in the Unit of Labor Law and Social Security in Scola LawyersHe explains that litigious legal services focus on representing the client throughout a judicial or administrative process.
“This covers from the initial analysis of the case, through prior negotiation, the elaboration of demands or answers, the representation in hearings, the filing of resources and even the execution of sentences”Says Plazas.
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In his opinion, the litigation revolves around a claim: A part seeks to recognize a right – economic, legal or both – while the other resists it.
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By contrast, non -litigious services include a legal consulting that develops outside the framework of a formal conflict. Corchuelo points out that this type of advice covers regulatory issues, constitution of companies, administrative procedures, obtaining permits and contracting contractsall with the aim of anticipating and avoiding legal problems.
Plazas agrees that this branch focuses on prevention, legal structuring and regulatory compliance. Activities include Document drafting, legal advice, agreements negotiation, procedure management and accompaniment in strategic business planning.
Key differences
The main difference between both approaches lies in the existence – or not – of a conflict that requires intervention of a third party.
In the litigious, the objective is to resolve a dispute through a judicial decision. In the non -litigious, It seeks to prevent conflicts from climbing, guaranteeing legality, order and legal viability from the root. Lawyers who work in one or another specialty also develop particular skills.
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Corchuelo explains that the litigator must have great capacity for argumentation, oratory and reaction to the unexpected, “While the non -litigious lawyer needs strategic vision and ability to articulate multiple business, regulatory and fiscal variables. Both share transverse skills such as empathy, rigorous legal analysis and a deep understanding of the client’s business”, He adds.
Although traditionally a lawyer could work indistinctly in both areas, Today the market has demanded higher levels of specialization. Even so, many litigants must be familiar with non -contentious issues to understand more precisely the origin of disputes and anticipate their consequences.
Challenges and challenges
The challenges also vary. In the litigious, the biggest challenge is uncertainty: The result depends on multiple factors, many outside the control of the lawyer, so resilience, clarity in communication with the client and adequate management of expectations is required. In the non -litigious, the challenge is in Balance legal protection with the commercial viability of each operation. In addition, when operations involve international actors, legal and cultural differences should be considered, and being in tune with global standards.
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Avoiding litigation is possible when there is solid legal planning. Clarity in contracts, good practices in the execution of agreements and the use of mechanisms such as conciliation or mediation are effective ways of preventing judicial processes. But when the dispute scale, the litigation becomes inevitable.
Finally, both experts agree that future lawyers must prepare with robust legal training, but also with soft skills such as teamwork, empathy, effective communication and in the management of technological tools.
Nelson Doria Arcila
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