Crisis Code, the new challenges for the lawyer

It’s a huge opportunity. “But it requires the ability to renew itself, to adapt the skills of the lawyer and implement them also with the typical training of the business professions”. To speak is the councilor of the CNF Carlo Orlando , in a day of study on the new “Code of the crisis and insolvency” that on Friday has nailed hundreds of lawyers in the headquarters of the highest legal institution.

“Believe me, dear colleagues: it will also be worthwhile to accept the 200-hour training requirement imposed by the new code, it makes no sense to oppose rearguard battles,” adds Orlando in his introduction. The lawyer who coordinates the business crisis commission for the CNF defines the meaning of the training meeting.

The professional opportunities are so broad that they do not allow for withdrawals. “The professional baggage will have to be implemented not only with respect to the need to acquire new skills but also in the ability to change clothes between the different phases of the new over-indebtedness crisis procedures”, explains the CNF councilor.

This is why the National Forensic Council is responsible for such a training mission . Here is the meaning of a day that saw the succession of expert lawyers and university professors, leaders of Via Arenula, such as the head of Legislative office Mauro Vitiello , and magistrates. “Such a challenge is accessible only with the organizational capacity of the CNF”, notes Salvatore Sica , vice-president of the High School of the Bar . “And the forensic institution will also be active in terms of institutional relations for the necessary completion of the discipline introduced by legislative decree 14 of 2019, which at the moment defines a new allocation of the professional risk but in a still incomplete framework of the application criteria “, explains Sica,” which will have to be refined in order not to expose the recipients of that risk to a “jurisprudential implementation only”.

And that there are several steps still to be taken as regards the completion of the discipline is an objective element attested also by what President Vitiello reports, which confirms not only “the complete definition of the expected corrective legislative decree” but also the possibility of “sending it to the administrations stakeholders, namely the ministries of economics and economic development . Only that, “adds the head of the Legislative Law,” heavy artillery took to the field, including the CNF, which with the National Council of Accountants , Confindustria and Unioncamerehe also asked with rather disturbing tones to confer with the minister. That is why, as a matter of respect, the further steps of the process have not yet been effectively completed “.

national position as lawyer

After the honorary nomination of December 2018 within the National Legal Council of Asso-Consum (consumer association recognized by the Ministry of Economic Development and component team in the ministerial technical tables) the Apulian lawyer Angelo Lucarella, already appointed to represent the tax issues more important, he received a new assignment: this time he is called to organize the entire assembly.

“Certainly it is a great honor to receive such a post.
I thank Ettore Salvatori, President of Asso-Consum, for having decided to make me a recipient of such a particular and specific role: the in-depth technical analysis of the most delicate legal issues at national level and which, consequently, concern all consumers, taxpayers and Italian citizens can only represent for me, today more than ever, a real reason for living.

I therefore expressed my willingness to continue the experience already begun last January with the support of expert colleagues in the respective sectors with an eye also focused on the integration of other specialist skills; the latter could thus enrich the overall knowledge necessary and functional to the profitable interchange of all the components (given the vastness and enormity of the existing legislation in Italian production).

The primary objective cannot but remain the legal research united, in an essential way, with the need to provide solutions to problems in particular concerning the tax, banking, environmental, insurance world, etc.

Maintaining faith in the mission of a consultative body such as, precisely, the national legal council will be indispensable: monitoring the distortions of the legal system, studying and filtering cases of national importance, making oneself proactive and constructive in the reform paths; this, where possible, interacting with the Institutions (as in particular with the Ministry of Economic Development, Economy, Agriculture, Environment, etc.).

The first period of activity will most likely be focused on identifying the professional profiles that can be integrated with the experts already within the national council, while at the same time hoping to examine the most urgent and delicate legal issues to work on from the beginning 2020.

Clearly, although I am aware that a presidency role like this (although honorary and consultative) will not be easy, I will try to approach myself with the maximum responsibility required ”.