Welcome to the latest instalment of Managing IP’s ‘Five minutes with’ series, where we learn more about IP practitioners on a personal as well as a professional level. This time we have Simona Lavagnini, founding partner at LGV Avvocati in Italy.
Someone asks you at a party what you do for a living. What do you say?
I cannot deny that I am a lawyer, even if this does not usually arouse much enthusiasm. Only if requested, I specify that I deal with intellectual property, knowing that in most cases a question mark will be drawn on my interlocutor's face... and even here only if necessary I try to explain that I deal with trademarks, patents, intellectual works. Sometimes, at this point, my interlocutor's interest may be aroused.
Talk us through a typical working day.
If I have a court hearing, I usually get up early to prepare, review the outline of the arguments, and practice presenting them verbally to achieve the synthesis and persuasive effectiveness I aim for.
When I am in the studio, I generally try to isolate myself in my office, to be able to concentrate. This is not easy, due to the comings and goings of collaborators and numerous phone calls. That is why I often tend to be an early riser and get to work on the more delicate matters early when the chance of being interrupted is less.
During the day, I dynamically draw up a to-do list, putting coloured notes on the table, which I remove as I go. This helps me not to forget the objectives even if there are various interruptions. Discussions with colleagues are very important; we use them to identify the most complex issues and then have short brainstorming sessions to collect solution proposals and check alternative scenarios.
What are you working on at the moment?
I usually deal with several topics in a day. Apart from unforeseen issues that arise, these are usually different matters and files. At the moment, I am studying new legislation in the digital field and its potential effects on an industry that I represent. I am also preparing a new draft contract in the field of software outsourcing (updated to fit the EU’s new DORA Regulation). I am also following up on some criminal litigation related to IP assets infringement.
Does one big piece of work usually take priority or are you juggling multiple things?
Sometimes I work on some major cases, but it is not frequent. Usually, it is a matter of managing several matters at the same time, especially from a strategic point of view, giving the necessary instructions to my collaborators.
So, in practice, if a new file opens up, I identify who will deal with it, what issues are involved, and give indications on how the legal solution for the client can be arrived at.
Also, during the day, my collaborators may ask to discuss their files with me, to check that the direction taken is the right one and more generally to brainstorm. Finally, I always check the final product to make sure it is correct in substance and form.
What is the most exciting aspect of your role and what is the most stressful?
I am a very curious person, so what excites me the most is novelty: for example, dealing with a new legal issue, interpreting an innovative legal provision whose effects need to be understood, or devising a different judicial strategy.
It is very stressful to deal with the anxiety of the outcome, i.e. waiting for an important court decision with a potentially uncertain outcome and managing the client’s expectations.
Tell us the key characteristics that make a successful IP lawyer/practitioner.
It is a matter of being able to combine several opposite features. On the one hand, one must have a genuine passion for studying the details. At the same time, one must avoid falling in love with the purely academic aspect, because what counts is the practical result for the client (in terms of risks, costs, and benefits).
If one is a litigator, one must be both humble and arrogant, i.e. know that you must constantly study and investigate without taking anything for granted; and on the other hand, act with extreme confidence, especially vis-à-vis the other party or the judge, taking quick decisions even in uncertain contexts.
What is the most common misconception about IP?
I find that it is sometimes considered 'superfluous'. Some clients do not understand the importance of IP assets as a competitive advantage and believe they are saving money by not investing in them. This lack of investment could be a waste of potentially valuable resources.
On the other hand, working a lot in the enforcement field, I notice that many counterfeiters are unaware of how effective the legal actions available to IP assets can be.
What or who inspires you?
There are so many things and people that inspire me, but in my heart, I am influenced by the Greek classics that I studied as a teenager.
Above all, the figure of the Trojan hero Hector in Homer's ‘Iliad’. Hector is, among the Trojans, the best. He is the eldest son of Priam, king of Troy. He leads the Trojan army and must face the leader of the opposing army, the invulnerable Achilles. Hector could run away, especially as he is aware that he cannot win against Achilles. Yet he accepts the duel, out of honor, a sense of duty, and responsibility. I am fascinated by Hector's choice of direct and open confrontation.
If you weren't in IP, what would you be doing?
I would like to write. Now and then I fall asleep, or wake up, with beautiful sentences in my mind, which could be the beginning or the end of a beautiful story. Then I stop there because I don't have enough resources to make something out of it. But in the drawer, I have a dream of sooner or later being able to do so.
Any advice you would give your younger self?
From a business point of view, I would advise my younger self to be more self-confident. When I started, I was always afraid that I didn't know enough, that I wasn’t good enough. Today I know that nobody ever knows enough, in truth, and that we must keep studying and trying. But experience has also taught me that in general, a confident attitude is very rewarding with colleagues, clients, judges, and more generally in life.
What is your motto in life?
“Fill the unforgiving minute with sixty seconds' worth of distance run.” (Rudyard Kipling).
