Canadian Lawyer InHouse

41 CANADIANLAWYERMAG.COM/INHOUSE NOVEMBER 2017 P r o f e s s i o n a l P r o f i l e only on land overseen by a government ad- ministrator. Colombian contracts and legal documents are all written in Spanish and Corbacho's duties include drafting, negoti- ating and reviewing oil and gas contracts in both Spanish and English. "If you attempt to do a literal translation into English of a Colombian legal document written in Spanish, it may be challenging for someone in Canada to really understand it," she says. "Even I don't know what some of it means until I look at the original Span - ish document." English documents must also be properly translated into Spanish to preserve their original meaning. For example, the word "execute" is literally translated into "eje - cutar" in Spanish. "It basically means to carry out an act," says Corbacho. "In Spanish, it also means to enforce a payment through a legal pro- ceeding. In that sense, a better English word would be 'enforce' instead of 'execute.' 'Execute' in English also means to sign a contract; however, in Spanish we don't say 'ejecute un contrato.' We say 'firme un contract' — 'I signed a contract.' Only a bilingual lawyer can understand those fine distinctions." Corbacho also helps to iron out the dif - ferences between common law and civil law. For example, a contract with no consider- ation is considered valid and enforceable under civil law but not under common law. "I can bridge the gap between the two traditions," she says. "If management isn't familiar with a legal concept, it often doesn't help to translate the wording. I try to offer a similar concept under common law that explains the intent." Her ability to translate between languag - es and legal traditions places much of the responsibility for the outcomes of signing a contract entirely on her shoulders. "I'm confident in my ability to convey not only what the contract says but what it binds the company and its Colombian counter - parts to do," Corbacho says. That's often expressed in her responsibil- ity to monitor commitments and timelines under contracts. One of her first projects at Parex was the development of a system designed to track and monitor progress on the company's numerous contracts with the Colombian government. "That system proved particularly im - portant during the downturn in the oil and gas industry," she says. "We had work and financial commitments that were required on a timeline and, if we didn't meet them, we would have been considered in default." Corbacho is also spearheading the cre - ation of the company's document manage- ment system, including document retention and storage policies. At times, she takes what Colombian law- yers see as a more "Canadian approach" to law — working harder for her client to achieve the most advantageous interpreta- tion of a contract. "The Latin American tradition is a little less aggressive in that regard," she says. "The approach is more a matter of legal training." Corbacho notes that her commercial per - spective often helps her to temper a strictly legal interpretation of contracts. Most con- tract disagreements at Parex are settled through negotiation, she says, even if she believes her legal interpretation could deci- sively win a court battle. "Winning in court is one of the great- est moments for a lawyer," she says. "But my commercial experience helps me to see what's best for the company." IH BRIAN HARDER

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