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Being a lawyer at tech and innovative environments

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4 de August de 2016

Ecosystem is the term used to refer to a specific area in the economy, in which companies have a certain way of doing business and to relate to each other. The business of technological innovation is one of them, which has gained ever-growing importance after the substancial increase in innovative companies and business.
Due to the fact that they have a production and functioning dynamics completely different from what we are used to, these business also demand for non-conventional jurisdictional services. But what is exactly the difference?

A change of paradigm

Based on new technologies and innovations, this area has an important characterist: a production process that is optimized and creative. A big part of it is comprised of startups – a difficult concept to define, but one that is related to the idea of new companies, which work in incertain conditions, with low maintenance costs and a potential for fast growth.
These sorts of business has a dynamic that is different from the traditional market logic, because of its disruptive and innovative nature. These differences generate doubts in the field of law, since they are often challenging to regulations, concepts, interests and existing institutes.
This situation demands a type of dynamic and creative legal service, capable of overcoming these difficulties to adapt with the existing laws. Therefore, how can one exercise law in this context?

Startup lawyers

Innovation ecosystems refer to the idea of clusters, or innovative regions, the Silicon Valey being a god example of it. Within this contexts, startup lawyers were born, especialized law firms that, beyond traditional legal practices, are also aimed at having a business vision, stimulating practices and deals typical of Silicon Valley, such as entrepreneurship.
Focused on economic aspects, this model demands a sort of active participation from the lawyer, wether in arguments, whether in reforming legislation. However, a lot more than that is necessary: creativity and the hability to allow the opening and functioning of a business according to existing legal orders.
The lawyer’s job, therefore, is based on mitigating chalenges faced by companies and by those that want to sart a business, making interests meet reality and legislation, in a way so as to guarantee the greatest level of innovation and adaptation. In addition to that, the act of being a lawyer acquires a professorial role with your customer, as a consultant, so as to inform her, reduce the risks of the activity and make it viable.
Thus, exercising advocacy acquires a character of preventing conflicts, finding ways for your client to accomplish their interests. This is different from the traditional view of a lawyer that accepts and executes, at least, the inicial goals of their clients, without any concern with the risks that this actions may cause in the future.

T-shaped

Amani Smathers, a writer dedicated to this theme, assert the lawyer’s necessity to arrange, in this context, juridical and non-juridical activities. She called this characteristic “T Shaped”: besides wide expertise in legal framework, it is fundamental to have abilities in different fields, such as technology and business, for example, that will be used to improve the legal work.
Though, it in necessary to extend the acting border, considering that a work limited to legal aspects is not enough to innovative companies’ demands. Is welcome, in this case, the idea of multidisciplinarity in the attorney’s work, the opposite way of specialization, so characteristic of the XXI century.

Dialogue

Another important characteristic in this area is the  demand for dialogue between the lawyer and the client. Naturally, one does not know the working conditions and effective necessities of the other. In the context of technological innovation, this is even more latent.
Because of this, it is necessary to search for joint solutions to clients’ cases, seeking more effectiveness and welfare possible. Knowledge about the client’s business allows for greater security to solutions adopted and contributes to the professional relationship.
In this sense, not always is the subject of legal service in the context of innovation and technology different. In most cases, it is how to provide the service that differs from traditional, seeking alternative and creative ways, able to anticipate and effectively address the challenges posed by innovation.

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