Compliance: When Best Practices Benefit the Legal Profession
You are here: Home Compliance Program Compliance: When Good Practices Benefit Advocacy We are proud to be among the pioneer law firms in the development of our own Compliance Program.
After successful experiences supporting the development of compliance programs for clients of different assisted profiles – both corporate and civil society organizations – we began to feel the need to systematize and incorporate the lessons learned.
How to associate the typical prerogatives of the practice of law to good practices developed in external consultancy? What level of involvement could the firm staff have in the process of discussing and defining practices? These were some questions that led us to developing develop a participatory process for the construction of a compliance program for our firm. The goal was to prepare a document with rules and procedures that would bring transparency to the partners as well as to employees, clients , and suppliers regarding the way in which we deal with the various topics involving the practice of law and acting in society
Confidence
Advocacy is a profession that presupposes a relationship of total trust with the client. In the Compliance Program, which serves as a guide for those who hire us and for those who work with us, the importance of the ethical values already adopted by the firm as non-negotiable to exercise an advocacy that contributes to a more sustainable, democratic , and fair society is crystal clear. For this reason, we also include our commitment to being a group bench that “respects people with disabilities, gender, ethnic-racial, sexual and religious orientation.”
Creation process
In 2018, after the creation of a specific Committee for the elaboration of the Compliance Program, a detailed diagnosis was made based on individual contributions that underwent a rich period of debate and studies between partners and firm staff. The “SBSA Compliance Program – Integrity Policy and Code of Ethics and Conduct” then had its main guidelines defined with the participation of all members of the firm, including partners, associates, administrative staff, consultants , and interns. Once the base draft was established, the text circulated internally and was improved, incorporating improvements and suggestions, thus demonstrating that the law enforcement compliance program is also a valuable tool in addressing attitudes and guiding behaviors.
An example: how to deal with the use of social networks by our members, balancing the value of freedom of expression and the need to observe ethical standards? After the previous diagnosis involving opinion polls, it was established that we can use social media freely but with zeal and responsibility, by using appropriate language and refraining from posting any comment that violates human rights and other topics that are listed from the program.
In an election year, we decided that the text should also contain guidelines on the disclosure of partisan political positions. The right to freedom of expression and the exercise of political rights, sacred principles in our Federal Constitution, belong to everyone who works in our group bench , but it is incumbent upon our members to make it clear that their positions are individual, and must adopt the necessary precautions so that they are not hinted at or understood as institutional firm positions.
For the construction of this work, some important documents available for consideration were used, such as the Brazilian Bar Association (OAB) Statute and Code of Ethics, the booklets of the Office of the Federal Controller General, and Brazilian Microcompany and Small Business Support Service (Sebrae) for Small Business, among others. It is estimated , however, that the concern about good practices and compliance in advocacy is just beginning and that national and international references are visibly scarce. with a shortage of national and international references .
We believe that having an integrity policy is vital to consolidate the practices of our internal conduct, to guide our relationship with suppliers and partners and to rule out possible conflicts of interest, which is positively reflected in the service provided to our clients, in the works we perform , and in our external relationships. When we offer subsidies transparently in-house, it automatically shines out
Second edition
So that the Integrity Program could be In order for the Integrity Program to be effective and monitored, with the receipt of any complaints, and gradually improved, we have created a Committee formed by members of with members from the São Paulo and Curitiba units, with responsibilities to develop this monitoring. In its first term, the Committee has already proved to be efficient, having resolved the concrete situation that was presented to it.
In 2020, we again carried out an internal participatory process to review and improve the Compliance Program. In this opportunity, we emphasized emphasize the adequacy of our practices with the new General Data Protection Law, clarified clarify issues related to copyright on the content produced by each professional and raised raise the degree of compliance with human rights compliance.
We remain attentive to the lessons that the exercise of our work offers us and we count on the support of our clients, suppliers, partners, collaborators , and interested parties in general so that our practices can be increasingly improved and contribute to a more just, sustainable, society , ethical , and inclusive society.
To get acquainted with the 2nd version of the Compliance Program, Integrity Policy and Code of Ethics and Conduct of Szazi, Bechara, Storto, Reicher and Figueirêdo Lopes Lawyers, click here or enlarge the screen below by clicking on the sectioned rectangle in the lower right corner (fullscreen function).