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.

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.