Proactive law is a way of practising law and relating to our clients that surpasses those of traditional firms
Proactive legal practice implies a way of understanding the law, skills, processes and procedures that identify opportunities before it’s too late in order to control any problems that can still be avoided. It also provides solutions that use the law to create value, strengthen business relationships and manage risk properly.
In the field of commercial contracts, proactive legal practice stretches beyond the traditional concept of the contract as a safeguard in the event of breach by one of the parties and gives rise to contracts that help develop productive business relationships in environments of trust. This then provides the parties with the means to achieve their common objectives in accordance with their respective business plans. The contract has to be an instrument that contributes to business success.
Proactive law has been developed in corporate environments that need to apply principles of quality, flexibility and risk management to improve their business processes and focus primarily on business objectives rather than legal issues
At Law21 we consider it a necessity to thoroughly understand what our clients want to achieve, as well as the risks they consider acceptable. Only in this way can we propose solutions of true value.
Most problems stem from misunderstandings and the generation of wrong expectations; proactive law focuses not on predicting how the law will be applied based on existing legal precedents and case law (which is the basis of procedural analysis), but rather on creating reasonable legal instruments and practices that shape the parties’ courses of action and future events.
This requires an understanding of the objective to be achieved by a contract and ensures that the parties have a correct understanding of each and every clause. Therefore, close interaction with clients, who know their business better than anyone, is essential.
This new way of understanding the law makes use of some equally new disciplines, such as ‘design thinking’, which, from our point of view, means incorporating design into legal thinking through instruments such as legal design applied to contracts
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Our different areas of expertise are interrelated so that we can provide our clients with a full advisory service and also help them with specific matters.