Meet Esther Villa, Counsel (Tax) at Osborne Clarke Spain. In this interview, she shares insights on the rewarding intellectual challenges of tax law, the importance of continuous learning, balancing professional development with family life, and the challenges faced by young women entering the workforce. Esther also reflects on overcoming career breaks and emphasises the importance of boldness, humility, and recognising one's worth in the professional arena.

Interviewed by Irene Reyes Suero

You have an impressive 20-year trajectory in tax law. Can you share some of the key milestones in your career that led you to your current role at Osborne Clarke?

That's a great question, though not an easy one to answer because so many things come to mind. There are professional milestones that stand out, as well as inspirational moments that have had a more personal impact.

From a professional standpoint, one significant milestone was working on a major litigation case concerning a big pharma group’s establishment issues in Spain. The audit and assessment were significant, and the litigation was both time-consuming and technically challenging. Another standout moment was when a French company exited its Spanish investments, which raised complex issues. Additionally, I remember the spin-off of a banking private client business and, more recently, debt structuring deals and a major tax audit with international components and a competent authority procedure resulting from the audit. These procedures between two countries seek to alleviate the double taxation resulting from the tax audit. These professional milestones were very formative, requiring extensive hours, teamwork, and leadership to bring out the best in everyone. Such complex cases often necessitate collaboration with lawyers from other jurisdictions to understand their perspectives and approaches.

On a more personal level, having a supportive family. Especially as a woman, if you don't have a partner who understands the demands of your career, it can be very challenging. Having that support is crucial.

Another important personal milestone was when I first got hired by a big law firm. It was a moment of pride and determination – I had got my feet in the door and was determined to stay. The people I met along the way became role models. One partner from my second law firm, who recently retired, had an amazing mind. His reasoning and humanity inspired me to always bring my best.. More recently, some of the partners I currently work with are also towering figures and also working with juniors has been incredibly rewarding. They challenge me and push me to be better, both professionally and personally.

 No one is invisible, but as a woman, it's easy to feel overlooked. When you're young and inexperienced, it feels like everyone is doing the same thing. But as you gain experience and evolve, you realise you need to assert yourself more. For men, this seems to come naturally, but as a woman, you have to actively occupy the space and not be afraid to raise your voice. It's important to show younger people, especially women, that it's okay to take up space and that their contributions are valued. You learn so much from everyone, and working with juniors can be both challenging and rewarding. They often bring fresh perspectives that make you think differently.

When you're young and inexperienced, it feels like everyone is doing the same thing. But as you gain experience and evolve, you realise you need to assert yourself more. For men, this seems to come naturally, but as a woman, you have to actively occupy the space and not be afraid to raise your voice.

What are your primary responsibilities and focus areas in your position today?

I am currently a Counsel in the Osborne Clarke tax team. While our team is relatively small compared to other Spanish firms, we have a significant reputation and are known for our strong tax expertise.

In my role, I specialise in international taxation and work extensively with international clients. This involves structuring investments into and out of Spain, liaising with other jurisdictions, and ensuring tax efficiency. Additionally, I handle specific tax litigation and international tax audits, which constitute a significant portion of my work. For example, we recently completed a major tax audit and filed a competent authority procedure, where we request two countries to agree on which one should tax a specific pool of profits after an audit. Initiating these procedures is quite challenging and requires a lot of work.

On the client side, my focus is primarily on international taxation and tax litigation. Regarding team responsibilities, I am heavily involved in training and knowledge management for our tax team. I ensure that we have knowledge management days and training sessions at least three times a year. We gather the team, including new members, to discuss recent court rulings or other relevant topics. These sessions are often led by both experienced lawyers and juniors, providing a comprehensive learning experience for everyone involved.

Your educational journey spans some of the most prestigious institutions, including Oxford University and IE Business School. How has your diverse educational background shaped your approach to tax law and influenced your professional path?

I believe it provides significant opportunities. When you have a diverse background and can leverage it in the workplace, it’s a win for both you and your organisation. Having moved between countries like Switzerland, the UK, Spain, and Belgium, I've learned there's no such thing as a comfort zone. You need to be genuine, do your best, and approach situations with honesty, even when you lack prior knowledge. It's important to understand that the focus isn't always on you but on others.

Curiosity and the willingness to admit when you don’t know something are crucial. Asking questions, seeking help, and being open to learning from others is enriching. It's essential to be humble, keep your ego in check, and also own your space. Sometimes, you need to speak with authority and assert your expertise. For younger women, I’d say don’t wait for permission – go for it. Men often have no problem doing this. Making mistakes is part of the learning process.

It’s important to make yourself seen and heard. Ask questions and don’t wait for opportunities to come to you because others are busy trying to occupy their own space. Be kind to yourself and don’t overthink. People often say absurd things without a second thought, and you are allowed to do the same. Trust your instincts; even if they’re wrong, they will help you learn and grow.

Trust your instincts; even if they’re wrong, they will help you learn and grow.

Having worked in multiple countries and dealt with international transactions, how has your global perspective influenced your approach to tax law?

It has been a significant learning experience, allowing me to see perspectives from different jurisdictions. While we often think that legal systems are unique to each country, there's actually a certain consistency and continuity across them. This is particularly true in the field of taxation, where the economics create a global consistency. Understanding the flow of profits and the objectives behind tax rules helps you approach how other jurisdictions handle these issues, even if the specific regulations differ.

Being in contact with lawyers and clients from various countries is particularly interesting and highly motivating for me. Living abroad has given me insight into different cultural perspectives. It has taught me that my viewpoint is not the only one, and that elements like language and tone can vary widely. This awareness is incredibly enriching and motivates me greatly. Engaging in discussions that incorporate these diverse perspectives is something I find truly inspiring.

Can you share an example of a particularly impactful cross-border project you have worked on?

Choosing just one is difficult, but I can think of two particularly challenging and formative recent experiences.

First, the competent authority proceedings I mentioned earlier were quite complex. We had a tax audit involving a Spanish group with an international structure, and the audit raised significant questions about the group’s organisation in the US and Ireland. This led to a substantial assessment. We had to involve other tax authorities and initiate competent authority proceedings. This involved submitting detailed explanations in both Spanish and English, arguing why we believed the Spanish tax authorities' approach was incorrect. While these proceedings were mainly written, we had the opportunity to present our case directly to the Irish tax authorities, addressing their questions and concerns and discussing how they would negotiate with the Spanish authorities. This case was incredibly interesting and challenging, requiring close collaboration with lawyers from other jurisdictions, each contributing to the pleadings.

Another formative experience has been dealing with the new international global minimum tax. The OECD has introduced initiatives to ensure all jurisdictions impose a minimum 15% tax on companies operating within them. The EU has incorporated these rules into a directive that member countries must enact. These rules are highly technical and attempt to adapt different systems to a common template, which doesn’t always fit perfectly. This requires extensive study, staying in touch with tax practitioners in other jurisdictions, and ongoing technical discussions. While it's currently more theoretical, as we need to see how these rules will impact our clients, the primary focus is on compliance. Ensuring that companies can demonstrate adherence to the global minimum tax in all jurisdictions they operate in is both challenging and fascinating.

These two experiences have been (and are being) particularly significant in my career.

Tax law can be a complex and challenging field. What are some of the most rewarding aspects of your work, and what challenges have you faced and overcome throughout your career?

The most rewarding aspect is definitely the intellectual challenge. It’s imperative to improve every single day, which means constantly studying and training on the job. When I started my career, I thought my studying days were over, but I quickly realised that continuous learning is essential. Tax law is constantly changing, with significant updates from one year to the next. Initially, I found this quite tough, but now I’m grateful for it because it keeps my brain active and engaged. The intellectual challenge remains a fulfilling part of my job every day.

One significant challenge I had to overcome was taking a career break when I became a mother. I had my two kids close together, and my husband was offered a position abroad, so we expatriated. With a young family in a new country, I took a five-year break from my career. When we returned from Belgium, my husband changed his field of work, and I had to restart my career as a lawyer. It was very challenging, almost like being a junior again, despite having years of experience.

The first five years back were particularly tough, but the intellectual challenge and putting in the necessary hours made it worthwhile. You need to want to put in those hours, not just because it’s expected, but because they help you grow. It’s not just about working for your employer; it’s about earning and learning. If you only see it as an obligation to your employer, it won’t work. You need to feel that those hours are contributing to your personal and professional growth.

You need to want to put in those hours, not just because it’s expected, but because they help you grow. It’s not just about working for your employer; it’s about earning and learning.

In addition to your role at Osborne Clarke, you are active as a lecturer, a jury member, and a contributor to various publications. How do you manage to balance these multiple roles, and what drives you to maintain such an active presence in both professional and educational spheres?

I don’t engage in as much professional development as I think I should. While I do conduct internal training sessions and contribute to publications, I’m not as active as many others in my field. To be honest, you can set tasks for yourself like writing more articles or being more active on social media, but I’ve found it necessary to strike a balance with family life. Spending time with my kids is a priority for me.

That being said, I have spent numerous hours, including weekends, early mornings, and late nights, working in the office, so finding this balance is what motivates me. There are certain professional goals I aim to achieve and actively pursue, and I will try to focus on those. This is advice I would give to younger lawyers as well – invest the time in your career development but choose your battles wisely. Being strategic and bold in your choices can make a significant difference.

Invest the time in your career development but choose your battles wisely.

You have recently joined WIL’s Talent Pool Programme. What are your expectations and goals for this initiative?

I'm eager to learn and develop more tools, to supplement my "functional expertise" with those additional skills which are usually referred to as "soft skills". What I especially value from WIL is that it puts me in contact with people from "outside": outside of my "tax group", outside of my company, outside of my industry, and can allow to build bridges from which I hope I can grow and those around me, my organisation, can also grow. It's a great opportunity because there's such a diverse pool of people to connect with.

 Currently, I don’t have much time or a clear strategy for these activities. I realise that I have been working very hard at becoming an "expert" in my field, and that is undoubtedly necessary: you have to earn your credibility and you can only do that through competence and experience. But there are additional aspects or skills you also need to concentrate on if you want to make an impact in your organization and if you want to show "leadership". Leading through expertise is not, I believe, where you can make the most impact. You need horizontal knowledge and bridge-building which will allow you to connect with others, within and outside, and grow your business.

I also want to move more beyond the "tactical" to be able to concentrate on the "strategical". So that it comes more naturally. It's important not to allow oneself to be "bogged down" by the daily flow of immediate activities (making those decisions, pushing projects forward etc.) and to focus on the bigger picture.

I believe participating in the WTP programme will really help me in this respect by providing those strategies and those bridges.

Own your space and make your voice heard without letting ego get in the way. Approach questions honestly and genuinely; if you have doubts, articulate them openly instead of waiting for permission to speak up.

With your extensive experience and success in the field, what advice would you offer to young women aspiring to enter the law profession, particularly in the area of tax law?

Be strategic and invest in yourself through continuous learning and training. Dare to be bold and proactive—don’t wait for permission and don’t fear mistakes. Own your space and make your voice heard without letting ego get in the way. Approach questions honestly and genuinely; if you have doubts, articulate them openly instead of waiting for permission to speak up.

There’s a saying often attributed to Margot Fonteyn, the ballet dancer, which goes something like this (paraphrased): "I've learned the difference between taking my work seriously and taking myself seriously. Taking my work seriously is crucial, but taking myself seriously is catastrophic." Approach your work with dedication and professionalism, but approach yourself with humor and humility, acknowledging your human imperfections. Don’t allow yourself to fade into the background; recognise your inherent worth and place at the table. You don’t need external validation to prove your value: you're already there because you deserve to be. Embrace it and seize every opportunity with confidence.