Welcome to this year’s special edition of the Lawyer Monthly Legal Awards, where we celebrate the exceptional achievements of the global legal community. Each recipient in this issue has demonstrated unparalleled dedication, skill, and innovation in their respective fields, and we are honored to showcase their stories. This edition features an inspiring collection of legal professionals who have excelled in areas as diverse as family law, criminal defense, and white-collar crime. On the cover, we spotlight Dr. Lévai Imre Róbert, recipient of the Divorce Lawyer of the Year Award for Hungary, whose practice spans over 500 court hearings annually, tackling some of the most complex and high-stakes cases in the region. His journey, from a childhood fascination with law to becoming a leading legal advocate, underscores his unwavering commitment to justice. Also among this year’s honorees is Calvin Tian, founder of PT Law and recipient of the Personal Injury Lawyer of the Year Award for the USA. Calvin’s remarkable career, which began at the age of 23, highlights his innovative approach to personal injury law and his dedication to serving the Las Vegas community. We delve into the distinguished career of Guido Carlo Alleva, awarded White Collar Crime Lawyer of the Year for Italy, whose 35 years of experience have cemented his place as a leader in complex legal matters. His insights into the values that drive his work offer an inspiring perspective on the legal profession. This year’s edition also features: Estes Fonkalsrud, Criminal Law Lawyer of the Year for Canada, who emphasizes empathy and transparency in criminal defense. Alma Fritz, Family Lawyer of the Year for Germany, whose journey from Bosnia to managing partner in Germany exemplifies resilience and expertise in family law. Jagoda Wojciechowska, Insolvency Advisor of the Year for Poland, a trailblazer in navigating Poland’s restructuring and insolvency landscape. These awardees, along with many others featured in this issue, reflect the incredible diversity of talent and dedication within the legal community. Their stories highlight a shared commitment to innovation, excellence, and the advancement of justice. Thank you for joining us in celebrating these accomplished individuals who continue to shape the global legal landscape. AWARDS 2024 LEGAL AWARDS 2023
Featured Winners Dr. Lévai Imre Róbert Divorce Lawyer Calvin Tian PT Law Alma Fritz Pilati + Fritz Rechtsanwälte Guido Carlo Alleva Studio Legale Alleva & Associati Jagoda Wojciechowska Centrum Restrukturyzacji i Upadłości Sp. z o. o. (RBBC) Estes Fonkalsrud Advocate Law Firm 6 12 30 20 34 26
HUNGARY Dr. Lévai Imre Róbert Divorce Lawyer Divorce Lawyer of the Year 6 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 Dr. Lévai Imre Róbert Attorney at Law, is a distinguished legal professional with a career spanning diverse and challenging areas, including criminal defence, family law, and property disputes. His journey into law began with a childhood ambition to help people and uphold justice, inspired by his fascination with courtroom drama and his admiration for the legal profession. Despite initially excelling in mechanical engineering, Dr. Lévai’s passion for law ultimately led him to pursue his true calling. Today, he represents clients in over 500 court hearings annually and handles complex, high-stakes cases that often cross international borders. In this interview, Dr. Lévai shares insights into his career, the challenges of his practice, and his vision for the future of the legal landscape in Hungary. What inspired you to pursue a career in law and how has your motivation evolved over the years? I’ve always wanted to be a lawyer, ever since I was a small child. I constantly ended up watching Petrocelli movies for an unbeknownst reason. I simply wanted to help people in trouble and found it particularly inviting that everyone looked up to lawyers. However, my professional life didn’t start out in the legal field at first but as a mechanical engineer as I excelled in maths at school at a national level. Once I graduated from law school, all I cared about was becoming a lawyer. I was mesmerized by the hundreds of court hearings I attended as a trainee lawyer. I admired and respected both parties as they tried to prove their own truth. I also noticed if a lawyer wants to do a good job, he needs to be very sharp and attentive. One has to recognize the given situation and make the most of it. Once I became a lawyer, it became clear that I mostly wanted to deal with family and criminal law. Both areas are incredibly exciting, ’life tastes like them’, thus I successfully argued more and more cases. I didn’t find other fields of law appealing; they all seemed rather dry. As of today, I can safely say there isn’t a legal task I have not come across. I usually Q
What makes me stand out from others is that I love and respect my clients. I try to understand all of their problems and translate them into the language of the law so that I can work with them to ensure a successful outcome. “ 7
8 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 represent clients at over 500 court hearings annually. It is not unheard of for me to take part in complex tens of millions of dollars lawsuits across borders. You have extensive experience in criminal defense. What drew you to this particular field of law, and what keeps you motivated to defend your clients in highstakes cases? There isn’t a better challenge than to stand by someone who often has the whole world against them because everyone deserves defence, regardless of the nature of the case. What attracted me to this type of law was the observation of the long road to committing a crime, which stems from their childhood. The environment people grew up in and what was considered normal all contribute to them inheriting these ’norms’. So, in reality, they can’t comprehend the weight of their punishable action and the negative consequences it has on others. My motivation is professional and to prove that my client did not commit the charges against him. If he did, then my goal is for the court to truly accept the extenuating circumstances and not only seemingly. The other aspect of criminal law I find interesting, and most people disagree with, is that losing your freedom is an awfully serious punishment. If you had to think about not being allowed to leave your home for one week only, you’d feel extremely uncomfortable. In comparison to this, you are surrounded by complete strangers in a prison and often live in appalling conditions for years. This creates an unbearable situation that one simply cannot expect a socially acceptable solution. The reintegration of people who spent years behind bars is almost impossible. In my view, those years should be spent in an inspiring environment similar to everyday life, like many prisons in Norway. Places like those turn inmates into better people at the end of their prison sentences. Can you describe a particularly challenging case, whether in criminal law or family law, and how you were able to achieve a successful outcome? Cohabiting unmarried couples presents a huge challenge in family law. All parties must prove the allocation of mutually accumulated collective funds that may occur during a ten-year relationship. I’ve had a case where a woman from a developing country lived in Hungary with her partner for 20 years, and they had children too. The lady in question helped her partner build Q Q
9 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 a small IT company from the beginning of their relationship. However, once it turned sour, the man simply cut the woman off, saying she didn’t deserve anything after 20 years as they didn’t actually live together immediately after they met but only a few years later. He also mentioned that the company was registered under his name only. The opponent’s very seasoned lawyer presented their version of the documents regarding the case. The witnesses gave conflicting testaments, and on top of that, my client married another man when she entered the country 25 years ago but never actually lived with him. Neither of these helped our case. We had to prove before the judge that despite this lady being married to someone else, in reality, she actually lived together with the defendant. This served as a base for her monetary claims from the 20 years of jointly amassed wealth. Throughout the lengthy trial, I proved the woman, in fact, lived with the defendant in a cohabitating relationship, and they shared finances. The most intriguing evidence was a bank statement we managed to attain at the last minute. The court refused to accept our initial motion for proof, but it was allowed in the end. The statement, therefore, proved that both parties contributed financially and that my client paid a substantial amount of money towards a property the defendant claimed was his own. However, it wasn’t this one piece of evidence that brought us results but the comprehensive deposition and the often seemingly hopeless persistent arguments we fought during the trial. The judge made the right decision even though we were in a tough situation and without the defendant’s evidence. Family law often involves high emotional stakes, especially in divorce and child custody cases. How do you manage client expectations and emotions while maintaining focus on the legal aspects? Family law is the most sensitive field. Thus, one must pay a lot of attention to the client’s interests and find common ground. The task at hand isn’t only to perfectly represent a client but to determine the emotional connection the client still has with a partner or spouse. Namely, because people tend to be driven by sudden fury when they visit a lawyer. If a lawyer solely focuses on this initial rage, then at the filing of the statement of claim, the mistake of being overcritical of the defendant can happen. Thus, in these cases, it is important to interview a client more often. It is also essential to draw attention to hastily made comments as they bear legal consequences and won’t be in the best interest of the case. One of these instances is when an angry client accuses the other party of committing a crime. Or another one when the defendant angrily calls the lawyer of his partner. It is imperative to only communicate with your own client as a lawyer, completely avoiding the misconception of displaced interests. Child placement often comes with its own issues. For example, when a parent takes the child without the prior consent of the other parent and uses the child as a tool for extortion. This can be solved with a temporary court-ordered measure, but unfortunately, despite this, a parent can go without seeing the child for two or three months. It is crucial to bestow the client with legally defensible advice. What do you believe are the most important qualities for an attorney to have in order to successfully represent clients across such diverse areas as criminal law, family law, and property law? It doesn’t matter whether it’s criminal or family law. The most important point is to be able to interpret a case in the language of law without the irrelevant parts. If a lawyer can do this, that’s half the success already. I often observe colleagues getting lost in detail, especially in these two fields. They don’t find the legitimate substantive law they wish to pursue, or they can’t distinguish between statements of the facts and statutory elements in criminal suits. Q Q There isn’t a better challenge than to stand by someone who often has the whole world against them because everyone deserves defence, regardless of the nature of the case. “
10 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 What changes have you observed in the legal landscape since you started practicing law, particularly in family law and property law cases? I recognise the continuous development of the legal system pertaining to family law. The interest of children is at the forefront of both legislation and judicial proceedings. Officially provided evidence is increasingly superseding the very small array of evidence provided by the parties. What still remains and hasn’t changed at all in the past few years is the accountability of parents who only want to abduct their own children. Legislative stability related to matrimonial assets is at a constant. There haven’t been any significant changes, even with the introduction of the new Civil Code in 2013. The difference now is on the clients’ part. It is very common to have cases involving high net worth individuals. I often represent clients in matrimonial trials worth millions of dollars. Another interesting angle is the emergence of trusts, which can substantially make it more difficult for spouses to unearth each other’s hidden assets. In your experience, what are the biggest challenges when dealing with property disputes, and how do you resolve these issues for your clients? The biggest problem stems from defendants hiding their assets from their partners. Therefore, the biggest challenge for any client is to enlist an accurate asset catalogue. Every legal channel is heavily invested in this process. The root of the issue is that a lawyer doesn’t possess every tool to review assets. However, we can guide this process very well, having solved thousands of cases. Firstly, it is very often that we can establish facts from breadcrumbs of information that the judge can use, who in turn has the right to access evidence and accepts our filing for motion. Secondly, we can attest without evidence by means of a substantiation emergency. A defendant can also often own assets through foreign entities, but this isn’t a hurdle for us as we will almost always find evidence of a connection between the two. We frequently witness the accused unravel right before the judge during questioning. I often use a technique to get to the defendant’s weakest point through conversations with my client and then watch the other party lose control upon its examination, which is half success already. My client has the right to the truth even if the accused isn’t fair. What role does collaboration and teamwork play at your firm, and how do you ensure that your team delivers the best outcomes for clients? This is a rather complicated question, as an attorney, I am solely accountable towards my clients. Therefore, I’d say teamwork at the firm is considerable background work. This means I first consult with clients to determine the weight of the case, what chance I have of solving it, and how. Subsequently, I conclude a strategy with its most important element of the desired financial right. Then, my colleagues clarify the details of the state of affairs with the client and compile the motion according to my instructions. Following this, we discuss the case with the team once more, and if no one has anything further to add, we take it to court. How do you see the future of law evolving in Hungary, and how are you preparing for upcoming trends or changes? I perceive myself as a humanistic lawyer who thrives on building individual and trusting relationships with clients. I believe in the power of technological advances as they aid a lawyer’s work. It is inevitable to me that a lawyer’s job, like other The task at hand isn’t only to perfectly represent a client but to determine the emotional connection the client still has with a partner or spouse. “ Q Q Q Q
11 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 legal professionals, will be partially replaceable as technology develops. However, I am a firm believer that no matter what AI the future brings, a lawyer’s work and trust can’t be replicated because of the bestowed most feared secrets of clients. Legislative change is continuous in Hungary, and I don’t only mean that legislation itself is changing constantly but that we are switching over to digitalised citizen-based models. Many people are hesitant about this change, but I believe it solidifies the nation towards a more effective status and will require less apparatus to maintain its advancement. In addition to your professional experience, what do you think sets you apart from other attorneys, particularly in handling complex criminal defense or high-stakes family law cases? This might sound odd, but my sense of humour is what sets me aside as everyone assigns a level of seriousness to this profession. The law firm deals with incredibly serious work that constitutes the base of it all. The quality of work we do affects people’s everyday lives. But you need humour primarily in order to help clients unwind in stressful circumstances where they don’t view their own situation as negatively as they did prior to our meeting. After all, they ask for a lawyer’s help because the want to get rid of a problem. An enormous weight falls off my clients’ shoulders following a conversation simply from having someone to confide in. Once they tell me all about it, I already have the solution to it. Another difference I see is that as someone who obtained both mechanical engineering and economics degrees, I view problems in a more complex way. So, it doesn’t trouble me if I have to deal with large assets, and I don’t need outside help with mechanical matters. Thirdly, and perhaps most important out of all, what makes me stand out from others is that I love and respect my clients. I try to understand all of their problems and translate them into the language of the law so that I can work with them to ensure a successful outcome. Q Dr. Lévai Imre Róbert Ügyvéd / Attorney at law H-8000 Székesfehérvár, Hungary Fő utca 1. 1 emelet 1. Tel: +36 70 3242010 Email: office@levailaw.hu www.drlevaiugyved.hu www.levailaw.hu
We stand by our client and guide them through the process. The client feels informed about the process and feels as if they were going through the process alongside us. “ 12
Calvin Tian, founder of PT Law in Las Vegas, has been breaking barriers and setting new standards in the legal industry from an early age. Licensed by the State Bar of Nevada and Washington at just 23, Calvin charted a unique path by establishing his own firm. His journey, fueled by dedication, innovative thinking, and a commitment to excellence, reflects a deep passion for serving the Las Vegas community. Specializing in personal injury law, Calvin has built PT Law into a trusted advocate for clients navigating the complex legal landscape of Nevada. From leveraging unique state laws to securing favorable outcomes for clients in challenging cases, he has consistently demonstrated a forward-thinking approach to legal representation. In this interview, Calvin shares insights into his remarkable journey, the strategies behind his success, and his vision for the future of PT Law. USA Calvin Founder PT Law Personal Injury Lawyer of the Year Tian Licensed by the State Bar of Nevada to practice law at the age of 23, what motivated you to establish your own firm rather than joining an existing practice? Could you describe the academic path you took to achieve this milestone so quickly, and what level of dedication was required? Starting my own firm has always been my goal, even before I went to college. I was fortunate enough to be raised by parents who required me to set goals for myself and constantly strive to achieve those goals. My mother, Ling Gillenwater, has worked in the legal field as a paralegal and a manager for more than two decades. She was a great role model for me back when I was in high school. During my off time, I observed how she helped people who sought legal representation at work and managed to turn their lives around. While she is not an attorney, she was loved and respected by her clients nevertheless. After seeing her work, I wanted to continue her legacy and keep on doing the good work she has been doing. In some ways, you can say it is very stereotypical for me as a Chinese to continue the family legacy. I had two goals I had to accomplish before starting my own firm (1) to be barred as a licensed attorney in the State of Nevada as soon as possible, and (2) not to be burdened by a huge student loan that would have made starting my own firm impossible. Redefining Legal Success: Calvin Tian’s Vision and Journey Behind PT Law Calvin Tian, Esq. Attorney at Law Founder, PT Law 2820 S Jones Blvd Unit 1, Las Vegas, NV 89146 Tel: (702) 763-5557 Email: Calvin@PTLawLV.com ptlawlv.com Q 13 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024
14 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 Knowing the end goal, my objective in school was to achieve these goals in the fastest amount of time while maintaining a healthy lifestyle, as I have seen too many dysfunctional adults who were high-achieving students. To that end, I learned to cut corners and make sacrifices wherever they may be necessary. One of the most important decisions I made was to switch school during my junior and senior year of high school. In Las Vegas, Nevada, there is a dual-degree program where high school students can attend a specialty high school located within a college campus. Instead of following the course a high school junior or senior would, students within the dual-degree program can attend college courses for their elective classes and earn credits towards both their high school and college degree requirement. I had to sacrifice most of my free time to take more classes and leave all of the friends I made during my freshman and sophomore years of high school behind. However, by doing this program, I was able to save a tremendous amount of time. The average age for a newly barred attorney is between 26-30. However, I was able to save more than two years of my time by attending this program. Student loans are a major concern for college students in the United States. While it was an available option for me, I could not consider it because of the financial position my family was in at the time. When I was drafting my application for law school, I would have been unable to attend law school if I did not get scholarships because of the financial position my family was in. This meant that before I got into law school, I had to spend all of my time polishing my resume and improving my grades. While my friends were away on vacation during holidays and summer vacation, I was staying up late and writing essays for scholarship applications. While most of my friends were content with getting a “B” for their final grade and slacking off, I was revisiting old coursework to improve my grades and ensure I got an “A” for the class. However, this does not mean I did not have any time to myself. I simply had to be more efficient with my time. For example, instead of taking time off to socialize with friends, I used this time to network and meet new people who might be a good connection for me in the future. All of these efforts paid off in the end. While I will not go out and claim I am the most well-functioning adult with no financial obligations. I made it through college and law school on a fullride scholarship and dedicated enough time to friends, family, and physical health to support a healthy lifestyle. As a firm specializing in personal injury, how do the unique laws and regulations in Nevada impact the way you handle cases related to car accidents? For personal injury claims, the policy limit of an insurance policy is important because it sets the boundaries around which we have to work. To put it in layman’s terms, the policy limit is the amount of money an insurance company will pay on behalf of their insured for a claim. For us, this is important because most people our clients are making a claim against are ordinary, dayto-day workers. Most of these people live paycheck to paycheck and do not have the means to pay for a settlement. Instead, they rely on their insurance companies to protect them. One of the best ways Nevada is distinct from many other states is that we have a law that requires insurance companies to disclose their policy limits after a certain set of requirements are met. Instead of making an educated guess or spending money to go out and investigate the coverage on an insurance policy, we are able to get it in a short amount of time and map out our strategies to ensure the maximum settlement for our clients as long as we stay on top of our game. By taking advantage of this law, we can have substantive discussions with our clients to (1) ensure they get the maximum amount of settlement possible from their personal injury claim and (2) monitor and/or recommend the course of our client’s treatment so that the least amount of settlement is used to pay for their medical expenses. Q I had to spend all of my time polishing my resume and improving my grades. While my friends were away on vacation, I was staying up late and writing essays for scholarship applications. “
15 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 Could you describe a challenging personal injury case you’ve worked on and how your approach led to a successful outcome for your client? One of the unspoken strategies insurance companies use to evaluate a claim is by evaluating the claimant’s (aka our client) biographical background. When I am talking about our client’s “biographical background”, I am talking about their socio-economic standing, race, or the primary language they speak. For most of our clients, the “default” background is a low-middle-class worker of Asian or Hispanic origin who does not speak English. While this deviates from one client to another, this is the most common set of characteristics. In one particular case, I represented a middle-aged Asian woman who was rearended in traffic while she was stopped at a red light and suffered neck and back injuries. A classic fender-bender, if you will. While this is by no means the biggest case we have had in our firm, this was one of the cases I hold dear to my heart because it delves into the darker side of personal injury claims. After we made a claim for personal injury with the at-fault driver’s insurance company and our client began receiving treatment for her injuries, we were notified that the claim was assigned to a special investigation unit because the insurance company questioned her mechanism of injury. To put it bluntly, the insurance company questions whether she is injured and suspects she might be a malingerer, someone who is not injured and who makes an insurance claim for the sole purpose of getting a settlement. There was not a lot of insurance coverage available in this case, and the client was fine with enduring her Q
16 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 injuries on her own and addressing them at a later date using her own health insurance. However, instead of letting the case go and allowing my client to be pushed around by the insurance company, I got my client’s permission to file for litigation on this case. By taking the case to litigation, I was able to get an attorney assigned for the driver of the at-fault vehicle and took his deposition, which is a formal Q&A that is answered under oath and transcribed into the court record. During the deposition, I listed out everything his insurance company had done and asked whether he knew he was going to be personally liable for the judgment we obtain against him in excess of his coverage amount. Of course, he did not. After the deposition, I believe there was a heated discussion that took place between the at-fault driver and the insurance company because they settled shortly thereafter. What are the most common legal hurdles or misconceptions that clients face when seeking personal injury representation in Nevada? For those of us working in the personal injury field, there are two main hurdles/misconceptions clients face: (1) how the client will pay our attorney’s fees and (2) how much money they will receive from a settlement. With respect to the first point, we see a lot of clients coming in during intake with one burning question in mind: how much money will we need to pay to have you represent us? Much like almost every personal injury law firm in Nevada, our fees are contingency-based. The simplest way to look at a contingencybased fee for legal representation is to think of it as us helping you make a collateral-free bet. If we believe you have a valid case for personal injury, you do not need to pay anything upfront. In fact, we will oftentimes front a lot of costs associated with your representation (i.e. costs to request medical records, fax, postage, etc.) on your behalf. In the event we do not get a settlement, you are not responsible for anything on our end. If there is a settlement, our fees and costs would come from the settlement instead of your pocket. This helps a lot of people without deep pockets to get quality representation they deserve. With respect to the second misconception, we often see people coming in with a false idea of how much they will get from a settlement. One of the things we hear most often during the initial intake is our client stating, “I got hurt the same way my friend did in his case. Therefore, I should get this amount in my pocket at the end.” While similar cases will help provide good guidance for settlement, the truce is that settlement is oftentimes based on the insurance coverage available in a case and any asset the other driver may have. Even if a client came to us with a lost arm as a result of an automobile accident, there is little else we can do if the only coverage and/or asset the at-fault driver has is an automobile liability policy with minimal coverage as required by state law. Of course, one of the reasons we are retained to represent our client is to go out and search for additional coverage/assets in these scenarios. However, there are countless times when the aforementioned scenario is the reality. Las Vegas is known for its tourism and traffic volume. How do these factors affect car accident injury cases in your practice? As a firm that is deeply rooted in the Las Vegas community we are both blessed and cursed by everything this community has to offer. On the positive side, Las Vegas is known as a Sin City and is a tourist/traffic hot spot. This means there are plenty of vehicles and individuals coming through the city every day. With such a large number of visitors, there are ample traffic accidents, slips and falls, batteries, and other types of accidents that will cause injury to a person. For us, there are always opportunities to take on more cases and expand our repertoire, the only question is whether we have the capacity to do so. On the negative side, since Las Vegas has more than enough accidents to cause injuries on a minute-to-minute basis, there are also a large number of law firms competing with one another for business. This is best exemplified by the countless advertisements for personal injury lawyers spread throughout the city. While we are mostly cordial and professional with our colleagues in the same field, there are times when conflict and competition are inevitable. We sometimes have to compete with Q Q Q
17 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 other personal injury firms to take on a client, it is an inevitable aspect of working in a popular market. In what ways does PT Law distinguish itself from other personal injury firms in Nevada? One of the complaints we hear most often from clients who were transferred over from other law firms is they do not know what is going on with their case and why they need to seek treatment now as opposed to later. For us, making sure the client is informed is a priority. From the initial intake meeting, we educate the client on how a personal injury claim progresses from beginning to finish. We discuss the possible treatments clients may undergo based on our past experience and set expectations in a realistic manner. As opposed to telling our client to go get treated and come back to us when the client finishes treatment, we stand by our client and guide them through the process. If the client does not know what doctor they should seek to receive treatment, we provide them with recommendations based on the type of injury they sustained. When there are updates on a client’s case, we bring them in to discuss the update and to plan out the next step. In the end, the client feels informed about the process and feels as if they were going through the process alongside us. Can you shed light on any recent changes or trends in Nevada’s legal landscape that have influenced personal injury cases? One of the ongoing issues in Nevada’s personal injury landscape is a petition to limit attorneys’ fees for personal injury cases. The petition, named Nevadans for Fair Recovery, seeks to put a limit on how much personal injury attorneys can charge in a personal injury matter. Ordinarily, personal injury attorneys’ fees are based on the length and depth of the representation provided. Attorneys’ fees for cases that settle before litigation is a lot less than cases that go to trial. The petition, if passed, will put a hard limit on attorneys’ fees regardless of the type of representation rendered. Q Q Q Making sure the client is informed is a priority. From the initial intake meeting, we educate the client on how a personal injury claim progresses from beginning to finish. “
18 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 If this petition is passed, I can see many experienced personal injury attorneys moving to other fields of practice as the profit margin will not be enough to support their business. For us personal injury lawyers, we are taking on a potential risk by accepting your case. There are more than enough times when a client of mine does not make any meaningful recovery because they were either partially at fault or because there is no valid insurance coverage and asset from the wrongdoer’s side. In those cases, we have to bite the bullet on our costs and fees because that is the nature of our representation. It only takes a few cases to potentially cause a smaller firm to go bankrupt. What specific strategies do you employ to effectively handle complex personal injury cases in Nevada, such as those involving multi-vehicle accidents or significant injuries, to ensure clients receive the compensation they deserve? In an accident where there are a lot of injured parties and not enough coverage, the insurance company will generally offer their entire settlement budget to all the parties and ask everyone to come to an agreement on how much each party Q My goal is to make the firm excel in our specialty. I have recruited a team of competent paralegals and case managers that I can rely on, my goal is to continue this course of action until we become a well-oiled machine. “
19 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 will get. In these scenarios, the general rule is for each party to get a portion of the settlement in proportion to their medical expenses accrued. We often refer to these types of settlement as “pro-rata settlement”. If we anticipate that a case may require a pro-rata settlement, we would have a discussion with our client beforehand and come to an agreement on a strategy that would secure a fair settlement for the client. One of the strategies we use is asking our clients to receive treatment using their health insurance. In Nevada, there is a legal doctrine known as the “collateral source rule”. I often call this rule the “none of your business” rule because this doctrine excludes evidence of alternative sources of payment for people injured in a personal injury claim. This means that if our client went to see a doctor using the client’s own health insurance, the evidence that health insurance has already paid for the doctor’s visit will not be relevant to our claim. This helps us go after the wrongdoer for damages our client sustained with no risk to the client if there is not enough settlement to pay for the medical expenses. What are some common mistakes people make immediately after being injured in a motor vehicle accident or another incident, especially when they assume it is not serious, and how can these mistakes impact their ability to win a personal injury case? One of the most common ways our clients mess up their personal injury claims is not preparing enough evidence at the scene of the collision. I met with potential clients who were injured in a minor accident but did not take any pictures at the scene of the accident at least once per week. In some fortunate scenarios, they were cautious enough to call the police and obtain a police report memorializing the entire incident. In the worst-case scenario, a potential client would come in with no photographs of the collision and no contact information for the other driver involved. We often strive to do everything we can to ensure our clients do not return home with nothing. However, evidence is necessary to establish that the at-fault party did something wrong. If there is no evidence that an accident ever occurred and the at-fault party was involved, there is little we can do to help. One thing I recommend every one of my clients to do after an accident is to stop and take a slow-panoramic video of their surroundings. If they can respond to the situation quickly, take photographs and/ or videos of each party’s position and the condition of their surroundings. This information is critical and can often make or break a case. Looking ahead, what are your goals for PT Law and how do you hope to further impact the legal community in personal injury? I already have a few plans in motion for PT Law in the next few years. One of which is to relocate to a more permanent location that is renovated to our specifications. I hope that PT Law will one day become a well-functioning, autonomous machine that does not require my direct supervision and is a pillar of the Las Vegas community, much like many other bigger law firms in town. As with any other major metropolitan city, Las Vegas’s personal injury market is saturated with law firms that provide adequate, albeit mediocre, representation. However, I do not find being adequate acceptable. I have already set my mind on creating a law firm I am proud to be a part of, so my goal is to make the firm excel in our specialty. I have recruited a team of competent paralegals and case managers that I can rely on, my goal is to continue this course of action until we become a well-oiled machine. Q Q One of the most important decisions I made was to switch school during my junior and senior year of high school. “ ptlawlv.com
ITALY Guido Carlo Alleva Founder Studio Legale Alleva & Associati White Collar Crime Lawyer of the Year 20 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 We are honored to have the opportunity to sit down with Guido Alleva, a distinguished lawyer and the founder of Alleva Law Firm, to discuss his remarkable journey into law. With a career spanning over 35 years, Guido has established himself as a leading figure in the realm of white-collar crime and other complex areas of law. In this interview, Guido shares insights into what inspired him to pursue a legal career, his specialization in whitecollar crime, and the challenges he has faced along the way. He also provides a glimpse into the significant cases that have defined his career and the values that continue to drive his work at Alleva Law Firm. Contact: Via V. Monti, 6, 20123 MILANO Tel: +39 02 4810 2393 Email: lawoffice@allevalaw.com
My keenness on human and social sciences, I believe, lies at the roots of my career. “ 21 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 Guido, can you tell us about your journey into law and what led you to specialize in white-collar crime, amongst other areas of law? It is a long story. To an extent, it is a family thing: my father was a lawyer too, but he specialized in a different branch of the law. My keenness on human and social sciences, I believe, lies at the roots of my career; it was the same passion that brought me to France, where I studied for some time before landing, so to speak, at the Faculty of Law of the Catholic University, in Milan. After all, criminal law is where human rights and the enforcement of the law intersect, whether we are talking about the rights of the victim or the rights of the defendant. Indeed, I would say that if one wants to measure the degree of civilization of a country, one should look into the daily functioning of courtrooms and, there, look at the substantive and procedural guarantees offered by the law as a crucial indicator. In the course of my career, many factors drove me towards specializing in white-collar crime. Without doubt, having taken my first steps with an undisputed authority in the field, Professor Alberto Crespi, played a role in that. My innate curiosity must have had a bearing too: indeed, defending a person in a criminal trial is a multidisciplinary enterprise and success is ensured only by enriching one’s legal background with knowledge of the most disparate subjects, from engineering to medicine, from finance to other branches of the domestic and international law. Studio Legale Alleva & Associati has handled many highprofile cases. Can you share a particularly challenging case and how your team managed to achieve a successful outcome? I can hardly pick one. During my over 35-year-long career, I had the honor to be on many of the main business-related criminal cases that occurred in Italy, such as the Sindona’s affair, the crack of the Banco Ambrosiano, the inquiries of “Mani Pulite”, the disaster of Porto Marghera, the Cirio and Parmalat cases, the BNL-UNIPOL trial, the Italease case, the trial of IFIL-EXOR, the MPS case, the trials of ENI Algeria and ENI Nigeria, the Thyssenkrupp case, the ETERNIT case and many others. Complexity has always been common to all our engagements: we collect multiple items of information by looking into the Prosecutor’s file and by talking to our clients and expert witnesses; equally, in every case there are always multiple issues that fall for consideration, in point of law and fact, and, when studying them, we must consistently attain the highest degree of depth. We leave nothing to chance. To achieve this, team working is key and, in this respect, I must say that serving as an officer in the Italian mountain troops had a significant impact on my personal development and education: a team can properly work only as long as every role is clearly set out and every team-member is fully aware that one’s work affects everyone else’s and, thereby, the final outcome. Setting a defensive line is, likewise, a collective enterprise that requires all team members’ contributions to be put together in a meaningful way as a result of a constant exchange of views. Some years ago, we dealt with a case which would then become a leading case as to “preventive measures” applied to businesses. Being without any precedents in the previous applications of the same rules, the experience was of the highest interest. Eventually, we were able to come up with new solutions that enabled us effectively to deal with the organizational shortcomings pointed out by the Prosecutor and the Court – thereby achieving the withdrawal of the preventive measure enforced against the company we were representing – and, at the same time, allowed us to ensure our client’s going concern throughout all the proceeding. What are the most common types of white-collar crimes you encounter, and how have the types of offenses being committed evolved over the years? In my career, I have found myself defending people against the most diverse kinds of allegations. In Italy, in the early 90s, it was almost all about bribery; then, scientific development and new epidemiological patterns resulted in mounting attention towards environmental offences, defective-product liability and health and safety at work. Moreover, the large bank conglomerates that formed in Italy at the beginning of the millennium, together with the trend of the financial markets and the 2007-2008 crisis, had ramifications in cases that hit the crime-news sections, involving Q Q Q
22 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 prominent financial institutions and independent authorities. Recently, I have noticed the increasing use of preventive measures, whose application nowadays transcends their original criminological rationale, as it was conceived in the 90s, on top of the expansion of the borders and application of body corporate “criminal” liability. By and large, these are evolutive trends that reflect widespread social concerns and, at the same time, constitute tentative answers to the same social anxiety, given, at first, by the regulator, and then by Prosecution offices. After all, as I said earlier, the law is a historical and social phenomenon, and one cannot understand it outside of the relevant societal context that the law itself is supposed to regulate. Eventually, one should not overlook the impulse that the full enforcement of the EPPO system will most likely provide in those areas that fall under EU competence. How do you stay updated with the constantly evolving landscape of white-collar crime law and ensure your team is equipped with the latest knowledge and tools? Access to data is paramount. Our associates can tap into the most up-to-date databanks so that they can be consistently provided with a complete picture of all the relevant legislative, judicial, and scientific developments. More generally, organizing and attending conferences also constitutes a necessary and profitable opportunity for exchange with colleagues, prosecutors, judges and other professional figures in the field of law and economics. One must not be oblivious to the importance of network-building in our profession; equally, we should never underestimate access to news: we must be aware of the world wherein we carry out our activity. Can you discuss the role of technology and forensic accounting in building a strong case for white-collar crime? How has AI impacted your work in recent years? The role of such technologies, nowadays, has become crucial. Throughout their investigations, prosecutors gather an amount of data and information that was hardly conceivable only few years ago. After all, digitalization and dematerialization of companies’ business records has significantly increased what is being stored; accordingly, there is hardly one business activity in a company which cannot be traced back, often to several years, by aid of a precise and substantial record of emails or by sieving documents stored on dedicated servers, often held abroad. Clearly, analyzing such a huge amount of data would not be feasible without aid coming from new technologies. AI will become more and more significant in selecting useful information. These are the most apparent developments, but there are many more whose actual impact can hardly be determined at the moment. One could think, for instance, of scientific trials conducted in the field of “predictive justice”, which may prove very troublesome in the context of the criminal law. Quite intelligently, it has been argued that this cutting-edge employment of AI technology in the criminal trial may come with a risk of drifting away from a fact-based approach to a personality-based one, the latter approach being often referred to by Italian scholars as predicated upon a “colpa d’autore”, i.e.: author’s fault. In this respect, we should be mindful to the experiences of other jurisdictions. I am talking about cases like “Loomis”, decided by the Supreme Court of the State of Wisconsin. The trial’s court had determined the risk of recidivism, relevant for sentencing, based on an AI system which had highlighted as biases some racial discriminations. The Supreme Court asserted that “the Q Q The role of such technologies, nowadays, has become crucial. Throughout their investigations, prosecutors gather an amount of data and information that was hardly conceivable only few years ago. “
23 www.lawyer-monthly.com Lawyer Monthly Legal Awards 2024 fact finder must apply the results returned by the program with discretion and balance them against other relevant factors”. Another very delicate point concerns the “equality-of-arms” principle: according to said principle, using AI in a criminal trial should imply that the defendant must be granted the same right to access to technological means as available to the Prosecutor. Right now, this is not the case. Thinking of a well-known case that I am currently dealing with concerning the collapse of an important national infrastructure, the Prosecutor has employed a costly AI system, paid with taxpayers’ money, which enables the examination of a gigantic amount of digital data. A defendant – who will never be able to rely on such resources as those in a national budget, cannot purchase the same tool; this disparity consists of a glaring breach of the equality-of-arms principle. The issue was submitted to the Court, which actually failed to address the main point. Still, it will take some time more – though not that much – before we have an extremely widespread implementation of adequately “trained” AI, but the technology is here to stay; accordingly, lawyers will need to learn how to make the most of these tools, without, at the same time, allowing these technologies to overwhelm them. Not an easy task. What is the process you follow when involved with a case? Is there such a thing as a typical case? Every case is unique. Our legal counselling is “tailored” to the needs of our client, whether he is a manager or a company, having regard to that specific trial. In order to lay out an effective strategy, one must first get acquainted with every corner of the “battlefield”. Therefore, studying and elaborating fastidiously all the information collected by the Prosecutor and provided by the client as well, represents a first and unavoidable step. During this early stage of our legal assistance, defensive investigations are of the highest importance: as a rule, the Prosecutor is inclined to assume that the investigations they conducted are thorough and complete; therefore, if a lawyer wants to spare their client a charge, they must be able to put a dent into the structure of the prosecutions’ factual hypothesis by introducing utterly new circumstances that might have got past their attention. In this respect, defensive investigations prove the most useful device in the lawyer’s toolbox. Moreover, the evidence so collected is protected by attorney-client privilege, making defensive investigations the safest means to carry out internal inquiries for companies when there is reasonable suspicion of frauds or other crimes being committed by employees. Moving to the next phases of the trial, cross-examination is a delicate and crucial passage for the final outcome; it must be prepared with painstaking attention, the team must look into every single fact the witness can be possibly questioned on, being ready to handle every possible statement, much as unforeseeable as it may be, so that the evidential goal at the heart of the defensive strategy can be attained. The conclusive stage, the closing speech, must be the distillate of all the evidence brought to the court’s attention, derived by accurate selection of those items which are more likely to persuade the factfinder. Beside all the litigation-related activities, there is also the non-judicial advisory function, meant to aid companies in assessing and managing the “criminal-law risk” that comes with entrance into the Italian market and, more generally, entailed by their own organization and by the specific type of business they conduct. This step also requires full awareness of the relevant operational background, as well as comprehension of the specific needs of the client. Once the factual and legal backdrop has been established, our team will work side by side with companies in outlining those arrangements that can prove the most effective in preserving their going concern and, at the same time, either eliminating all relevant risks altogether or, if not possible, attaining a sufficient level of reduction. Q Every case is unique. Our legal counselling is “tailored” to the needs of our client, whether he is a manager or a company, having regard to that specific trial. In order to lay out an effective strategy, one must first get acquainted with every corner of the “battlefield”. “
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