Modern financial regulation makes special demands on legal advice. My approach when advising clients is based on a few convictions and guiding principles.
Financial regulation has undergone substantial change in recent years, and not just in quantitative terms. Arguably, the qualitative evolution is even more relevant to the industry: in the new regulatory reality, the text of the law is a mere starting point for subsequent extensive detailing by the national and European supervisory authorities.
Their circulars, rule books, guidelines, technical advice and FAQs often facilitate the application of regulation. In many cases, however, they seem to go beyond the law and challenge existing procedures. To properly understand their reach and resulting obligations, it is therefore important to read them in the context of their source in the law. A merely literal interpretation often leads to erroneous, superfluous or unworkable results and compliance processes.
More than ever, an understanding of the whole and not just an isolated look at details is required.
At the outset, there is always a solid legal analysis. But the real challenge often only begins thereafter. Clients need more than a comprehensive legal description. They require answers, assessments and evaluations - taking the form of specific recommendations on what decision to make, on which way to go.
Giving clients real solutions has been an aspiration ever since I went into private practice. Together with the belief that legal advisers can make projects happen - and not just explain to the client why, once more, things are difficult.
This is why true answers are always a result of a joint effort. A good legal opinion always comes last - at the end of a matter, securing the way forward that has been determined together with the client.
Good legal advice cannot remain abstract. It must aim to produce a real life solution. Thus, it must take into account the client's individual reality and must fit in with its existing processes and structures. Legally compliant solutions can be workable and implementable. If required, they must also look at integrating with the set-up and laws at headquarters, local affiliates and branches. At the same time, having a legal adviser who looks at the implementation provides the opportunity to have dated processes adapted or leaner ways suggested.
To be able to achieve all this, the legal adviser must be close to his clients, their people and organisation. STARKE. LEGAL. provides me with the opportunity to further increase that proximity. Beside giving classically advice from my desk, I can now also offer project work with the client. New fee models including daily rates are available to support this offering.