By Rene Cacheaux

The process of hiring an attorney or law firm in Mexico may seem to be a fairly simple matter, but reality and experience point to the fact that such is not the case. The first problem encountered by many clients regards communication and language issues. In Mexico, few attorneys are able to effectively communicate in English. Knowing the language is not the only requirement, as it is indispensible for the attorney to have at least a general knowledge of the client's home country. Translating and adapting Mexican legal concepts to those of the legal system from which the client originates is an important part of assimilating all of the concepts discussed in attorney/client communications. In the case of clients originating in the United States of America, this is especially important given the fact that the legal systems of such country and Mexico are quite distinct. While many concepts may appear to be the same if based on Roman Law, in reality, such concepts may be diametrically opposite, therefore, facile comparisons may serve only to heighten confusion and accentuate the lack of understanding of the legal substance being discussed in professional communications. Such effective communications become even more crucial when attorneys of various countries communicate with each other, given that the nature of attorney to attorney communications will be more technical than communications with a non-attorney client. The structure and operation of law firms in Mexico and how attorney fees are charged, is also different than systems used in other countries. For example, in Mexico it is quite common for attorneys to charge a fixed fee per matter, or a percentage fee based on the successful result that may be obtained in a given case. Very few attorneys and firms in Mexico charge fees based on hourly services provided or specific time periods. It is still somewhat difficult to find attorneys and firms that provide detailed descriptions of their billing and professional activities showing exactly how their services were provided. However, some firms with more international experience are accustomed to managing attorney-client relations with clients in other countries. When hiring an attorney or firm in Mexico, it is always recommended to verify not only the level and style of communication between the attorney and client, but also the attorney's ability to fulfill the client's requirement and expertise in the particular matter in question. International associations comprised of attorneys and law firms, and references of foreign firms that have developed relations with Mexican attorneys and firms are also important sources of locating the best attorney or firm to represent their interest. In some countries, attorneys maintain professional responsibility insurance to protect against professional errors, thus protecting clients in case of attorney errors or omissions. Unfortunately, such professional insurance is practically non-existent in Mexico and any attempt to successfully lodge a claim for professional errors is very difficult and costly, with little chance of obtaining real results. Further, revoking a professional license for malpractice is virtually an inapplicable concept in Mexico. Therefore, it is very important to carefully consider how one hires legal counsel in Mexico. Mexico does not have the level of specialization in its legal system and professional practice as other countries such as the United States of America, where professionals tend to specialize in very specific areas. Mexican attorneys have broader experience and capacity in a wide gamut of areas. Few firms exist that have both an international presence and professional responsibility coverage with regard to the legal services they provide in Mexico. Such firms probably represent the best options when one is considering hiring Mexican legal counsel. Finally, with respect to litigation in Mexico, it is important to note that high-level Mexican litigators normally do not work within large law firms. In reality, it is often more difficult to locate and hire a good litigation attorney who is able to communicate well in a foreign language. In many cases, attorneys who are not litigation specialists become intermediaries in order to provide an acceptable level of communications and understanding in a given litigation case. In summary, our recommendation is for clients to consider carefully how they hire Mexican legal counsel and to adequately verify references and experience of the attorney or firm before making a hiring decision.