Doing Business in/with Mexico
Mexico is not only a neighbor by location. It is one of the United States biggest commercial traders. In fact, according to the United States Census Bureau, the Exports from United States to Mexico, for the last year of 2011, was for more than 160 million dollars.
Thus, many US companies are doing business with Mexican fellow traders in Mexico, and such transactions reach the hundreds of millions of dollars. However, there is no accountability for how much money do American companies lose due failed commercial transactions. Moreover, on many occasions, US companies prefer to take loses instead of seeking independent legal advice, in order to explore any remedies to contractual breaches, or wrongful commercial conduct by Mexican Companies or individuals.
Further, in the event that they decide to retain foreign legal counsel to pursue a cause of action based on Mexican law, then they take the risk of improper legal conduct if the chosen legal representative is the wrong one. Under Mexican law, there are no Model Rules of Professional Conduct. The ABA rules as known in the United States Legal System, do not apply to Mexican Attorneys. Although there is an administrative office in charge of licensing attorneys and keeping records of disciplinary actions, there are no specific disciplinary proceedings, or set standard rules of the legal profession. As result, if a lawyer breaches his duties to his client, client has to file a civil or criminal complaint against his lawyer. Because criminal conduct is hard to establish in such cases, a few cases end in convictions.
Based on the above, wouldn’t be good to have your fellow American lawyer representing you in Mexico for your business sake? Jesus Eduardo Arias LL.M., is a US born lawyer, subject to US Ethical rules and laws, educated by US law school, and more importantly is a fellow American doing business in US and Mexico, just like you are! Call him now and discuss your business with the right counsel.