Code of Good Professional Practice

 

Introduction

 As part of our process of ongoing quality improvement of our services to clients, we have considered it important to set out in writing our Firm’s rules and principles of conduct.

 This document contains the ethical framework, values and principles that govern the professional conduct of those who work at Bullard, Falla & Ezcurra +.

 We reiterate our gratitude for your trust and renew our commitment to professional excellence.

Alfredo Bullard G.       Alejandro Falla J.     Huáscar Ezcurra R.     Eduardo Quintana S.

Commitment to our Clients

Your commands are, for us, ends in themselves. Therefore, we embrace your objective of ensuring a representation aimed at meeting your interests and, in addition to the goal set in each particular case, utmost efficiency in the administration of your expenses and costs.

  • Planning and Evaluation

Our Law Firm is committed to carrying out an initial evaluation of your case or consultation that results in a proposal of fees prior to our hiring. This proposal will involve a prior analysis of options and alternatives and an assessment of their value, as well as the main actions to be carried out and their planning and sequence. We will also include, where appropriate, the calculation of the cost of representation, including the personnel that will be required, expert fees and projections of cost and time within reasonable limits.

  • Law Firm-Client Relationship

Our commitment is to provide the best legal and economic advice in the market on the matters within our expertise.  We build Law Firm-Client and not Lawyer-Client relations and, therefore, we will always inform you which members of the Firm will be part of the team that will handle your consultations. However, should you require the participation of a particular member of our team, we will always strive to offer a personalized treatment that includes the active and permanent involvement of the partners taking part in the service concerned.

Considering your interest in obtaining the best service, the Firm guarantees to avoid:

  • Excessive staffing when it does not add additional value;
  • Charging for new lawyers or economists who need to become acquainted with your query or to replace other members, except when required by the interests of the case and you have accepted the appropriate expenses;
  • Authorizing premature or additional legal or factual investigations;
  • Holding internal meetings when these do not add value to the case; and
  • Charging for the professional reading of new decisions, cases, opinions, among others, in order to keep you abreast of all the information, unless this is necessary for the services rendered.

 Existence of possible conflicts of interest

We will inform your representatives of any conflicts of interest, including potential ones that the Firm or its members may have, so that you can make the best decision to suit your unique needs.

  • Ethical Conflicts and Concurrent Representation

Neither the Firm nor its members shall represent a party whose interests run directly counter to those of our client or its affiliates, nor shall they participate in any manner in cases or matters substantially related to those tasks which have been entrusted by the client. If so, we will inform you and/or seek your acquiescence, as appropriate.

Also, if the Firm has represented in the past a party directly contrary to your interests in substantially related matters, or issued opinions that may conflict with your position, such circumstances will be timely informed to you so that you can make the best possible decision on that connection.

Relationship with Third Parties, and Administrative, Judicial and Arbitration Institutions

  • Policy Against Sham Litigation

We are against the use of tactics involving unnecessary coercion, delay or obstruction. We will also avoid insisting that the opposing party rigidly comply with purely procedural formalities, especially when meeting such requirements generates unnecessary costs, unless only in that way can a tactical disadvantage in a case be avoided.

Similarly, we do not facilitate the abuse of legal proceedings that are detrimental to third parties; as well as the filing of evidence that is only intended to generate unjustified additional costs for the opposing party.

  • Unnecessary Costs

In general, we hope that you will be willing to resolve disputes and queries as expeditiously and cost-effectively as possible.

Our activities are geared toward informing you of our best estimate of success in a case so that you can make an informed decision. It is not our policy to exaggerate the true chances of success. When your case has little chance of success, we will inform you in due time. Furthermore, when an agreement or settlement is most advisable for your case, we will also inform you so that you can make the most convenient decision.

  • Anti-Corruption Policy

Our firm maintains the highest standards of integrity when dealing with government officials, authorities and members of the private sector. In that connection, we assure you that our legal strategy will always be consistent with your business goals and objectives, as long as it does not violate the ethical rules and standards we pursue.

We reject any suggestion to give gifts or make payments that are intended to influence, or attempt or purport to influence, the decisions of third parties, particularly governmental, administrative, judicial or arbitral authorities. We do not propose, process or pay bribes (coimas) or use any other similar mechanism aimed at illegally influencing the decision-making authority.

If we become aware that your principal or its affiliates have performed any act that may undermine the ethical integrity of our Firm’s members or third parties, such as administrative, judicial or arbitration institutions, we reserve the right to automatically terminate our relationship with you and your affiliates or associates.

Billing and Reimbursement Policies

As a law firm, we are committed to providing you with effective and efficient legal advice, ensuring the quality of the service and avoiding unnecessary costs. We also dedicate our efforts to keep you informed of our billing policies and the changes that may affect them. In particular, we stand committed to:

  • Billing the time spent by the assigned team members according to the approach determined by the Firm and you, the client, as most appropriate to your interests.
  • As agreed with you, ensuring that the time spent by team members may be billed based on a fixed charge or based on the hours actually spent on your case. If new events occur or if a new case evaluation determines the need to change one approach for another, we will contact you reasonably in advance to arrange the approach that best suits your interests and the requirements of your consultation or procedure.
  • Informing you, at the time of evaluating the case, of any expense related to a service actually provided that may be passed on to you. Without prejudice to the fact that each particular case is subject to your approval, in principle, the Firm will only transfer expenses to you for:
  • Photocopies and/or printouts from external suppliers, if necessary for your interests.
  • Long distance telephone calls, if coordination is necessary.
  • Local and international trips and the time involved, in case the defense of your interests requires the relocation of team members. We commit ourselves to carrying out the necessary arrangements with you as regards this expense.
  • Third-party expenses, in case the defense of your interests requires the provision of services by third parties. We undertake to make the necessary arrangements with you to determine the scope of such service and the amount to be paid.
  • Data Privacy

As outside counsel, we undertake to exercise due diligence and observe the confidentiality of any information that may be sensitive to your interests, whether disclosed to us by you or obtained directly by us. In particular, we undertake to:

  • Communicate with you in order to confirm, in case of doubt, the secret or confidential nature of any information that has been sent to us or that we have been able to obtain.
  • Maintain the confidentiality and privacy of any information that calls for it, according to its nature and as per your instructions.
  • Under no circumstances, disclose confidential information related to the proceeding or procedure to third parties, except with your express authorization.
  • Request your express authorization to bring into the proceeding or procedure information that, based on the above points, should be kept confidential and secret. If the rules of the proceeding or procedure so permit, we undertake to request the competent authority, administrative authority or arbitration tribunal, that such information be kept confidential and beyond third-party access.
  • Avoid making statements or disseminating information in media open for access to third parties, unless you have expressly authorized the Firm to do so. Any press request sent to us regarding a proceeding or procedure related to your interests will be forwarded to you in order to secure your authorization or to coordinate the actions to be taken.
  • Coordinate with you in order to determine whether any information requires additional protection to that indicated above. If you so require, certain information may be made accessible only to certain members of the Firm’s in-house team, or will receive special protection.
  • Coordinate with you the return or destruction of information related to your query or dispute, within a reasonable period of time after the conclusion of the query or dispute and when it is not necessary to keep such information in our possession. Until such arrangements are made, we undertake to keep the information on file at the Firm. If you deem it necessary or convenient, we commit ourselves to coordinating with you how this information will be kept at the Firm and the applicable storage cost.