Imposition of the Medal of Honor of the Bar Association of Madrid
Referee from 1975, and in that year won a scholarship to collaborate on ICAM, entity in which has been involved in different responsibilities. The profession of lawyer Antonio Albanés has no secrets. Our party this Friday, along with other lawyers hearth both national and international court, will receive the Medal of Honor of the Bar Association of Madrid, now combines the tasks of their professional office, Albanes & Asociados, by always He bets with the responsibility of Secretary General on mutuality of Lawyers.
"I've always liked to exercise and treat my clients, maybe that's why I never raised go to a legal structure and maintain the office itself"; recognized when we take stock of these forty years of professional experience. "This is a profession of confidence that has not changed in essence its activity itself how to do it. In fact, new technologies open up a different world, particularly by the immediacy of things ".
insurance expert on lawyer has been among the first lawyers in arbitration that opened hand Bernardo Cremades, master of many generations. Now is the main arbiter of Arbitration Courts nationwide.
Referee from 1975
"I can only thank the incoming call from the dean of ICAM, Sonia Gumpert, when he told me that he would be awarded the Medal of Honor of the College. Your own peers recognize your path can not but fill you with joy, "begins this conversation Antonio Albanés with this reporter. Our interlocutor was admitted in January 1975 in full democratic transition. "In that year I won a scholarship to the College collaborators who himself made public of that call. That made me work closely with Antonio Pedrol, dean and Luis Martí his deputy ". Two lawyers who have also left their mark for their work in the collegial body.
Albanés has witnessed the creation of the UIBA, organization that brings together various law schools in Latin America. Now part of its Permanent Secretariat, an organization that self Martí Mingarro He leads deftly "I think we were all surprised the growth of this entity. The truth is that the role of ICAM has been instrumental in its development because it has maintained the links between all involved. Now we are a consultative body of the United Nations, "he says. The company itself has achieved a boost with the launch of CIAR, Latin American Centre for Arbitration constituted does more than a year and that the Madrid school itself takes its General Secretary.
You can also tell us about the first assistance to the detainee, after the approval of the Spanish Constitution 1978. "This detainee legal assistance was something very new in our law. that turn was formed in the school and my name was the first to make such a call. I still remember that neither the police nor the lawyers we knew what we had to do, "he says. It turns almost testimonial that we have moved to another where the gaps are notable economically and lack of resources: "I was almost fifteen years in the Legal Aid, however, problems have worsened. I do not support the professionalization of the service and there are lawyers who only live it, I know that what I say is not politically correct, but it's what I think. I recognize that I lived a different time where this service alternated with work in the office, "says this interviewer. The worst thing that could happen to this service is that the state assume the powers through a specific body of lawyers. "It would not be good news," he says.
Right of defense, safeguarded
For this expert jurist, like other colleagues think it is essential that the right to defense is safeguarded. "With an organic law we would be calmer and abuses that exist mostly at the police level, where customers often are helpless be avoided. That "instruction" makes the police are very well structured proceedings, however detracts from the investigating judge a key role, especially. Anglo-Saxon system would think we have to take in our country, where the judge is left to its function and the prosecutor conducting the investigation, but it would take a procedural reform to preserve the independence of public prosecutors "he says.
Discuss Antonio Albanés arbitration is doing almost from its origins in our country. "At the end of the race, between courses Doctoral had one related to the arbitration who ran Bernardo Cremades who later became my supervisor that I made on New York Convention of 1958 and enforcement of arbitral awards. From that moment I thought that figure could have a future ". Today our interviewee is one of the most respected referees in the country, not in vain different national arbitral institutions have it in their listings. "A key element in the development of arbitration is to be allowed in the law of 1988, the appearance of arbitral institutions, some of which continue successfully its activity" With the advent of the law of 2003 have likened us what the level international arbitration UNCITRAL rules. "
In this scenario, the arrival of Luis Martí, as dean and the new Governing Board of the ICAM at that time it is what bid to boost the Arbitration Court at the College existed but incipiently: "I am part of the Board of Governors and I entrusted the empowerment of the entity . Over the years he had an uneven development. At first, a lot of prestige because he assumed submit, first the Dean of the Bar Association of Madrid to avoid litigation, then passed to the arbitration entity "; it states. At that time the creation of the Spanish Court of Arbitration is also approved, our country had signed the New York Convention and that made the entity with the own Albanéss among its creators got underway. "That fusion of Court School of Madrid and the Madrid Chamber of Commerce was an insistent rumor but never caught."
preventive law, key
These changes undergone by law, there is an element to keep in mind as is the concept of preventive law. The lawyers ask their clients to contact them more margin, in order to be able to resolve those conflicts that come to them. Speaking of time means betting on the more agile without doubt that any litigation extrajudicial methods. "With the arbitration within six months one has the solution to an issue that is concerned, however, I get the feeling that mediation will not curdle well as the arbitration proceedings. Is a personal opinion but I think that mediation will work in our country, "he says. However, contractual clauses medarb level driving the first mediation before resorting to arbitration if the first one does not work, is a practice that is spreading in the world of business in a peculiar way.
In this VIII Edition Meetings in Madrid will be discussed on Friday afternoon the concept of global lawyer, different from the traditional: "Above all, what has changed is the way we do our work, not only by globalization that allows you to have lawsuits anywhere in the world, but also the means with which it works, now technology shortens the time and allows the immediacy that was not achieved before, "he says. About Lexnet and digitization of justice is aware that "an important cultural change is coming. Will cost us adapt to it, "she warns. Since the technology itself also new opportunities for lawyers, both in the digital business as advisers, as more specialized in issues related to privacy level.
Specialization and personalized treatment.
Albanes & Asociados It is the office of our interlocutor practically a lifetime. A boutique legal predecessor of so many we know now very focused on what the insurance law, with few specialists practice although the direct relationship between the two disciplines is evident. And a fact that gives us the 60 percent of the affairs of the courts dealt with claims and insurance companies: "Despite since I have played in institutional law, have never ceased. Working this way has helped me so customers know me personally. He always liked to have a direct and personal dealings with them and see, over the years, they really like. "he says. Now issues such as environmental responsibility or professional are issues that his firm has also focused in recent years.
On the other hand, companies have also improved their law offices. Antonio Albanés had the opportunity to preside over the Company Lawyers Association in 1994-2000 period, another interesting milestone in his long career "No doubt that their work has increased within each entity but to litigate still prefer the support of more used to being in room external firm," he says. Key issue is the secrecy of the inhouse lawyer, questioned from Europe for several faults and that does not allow these professionals rely on this ability, key legal profession. "Solution to the conflict is not simple, it is expected that the new General Statute of the Advocacy support these professionals," he says. Professional secrecy is also questioned by the anti-money laundering rules where the lawyer must collaborate as required with justice subject "a situation we also worries about the impact it may have."
On the program of these VIII Meetings in Madrid, Thursday began discussions with the relationship between security and freedom to the terrorist threat very close: "It is essential to continue defending the rights and fundamental freedoms knowing that some measures taken by States are necessary for safety. It is therefore essential judicial review in those proceedings "; clarifies. Another big debate will take place this Saturday to discuss the refugee crisis where lawyers were among the first voices of support for this group of people: "The lawyer should be the standard bearer for the defense of the rights and freedoms of citizens. In the case of refugees the right of asylum is recognized nationally and internationally. It is true that the problem is complex but it is time to act. In the news we have, Europe has not managed to address this issue. " For our interviewee who has attended most of these meetings, "they are fundamental exchange of experience among colleagues from other jurisdictions in a globalized world as we are"; he says.
(Source: Law & Trends) Author: luisja Sánchez