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Preventive Law

Preventive law is the art and science of preventing legal problems. Preventive law seeks to anticipate and prevent legal problems and litigation in many areas of the law, including business law, contract law, corporate law, employment law, estate planning, intellectual property, and real estate transactions.

A preventive lawyer must understand client needs and the environment in which the client operates. This requires the lawyer to be proactive and creative. The preventive lawyer must evaluate the legal implications of legal documents and identify ambiguities in them, but must also consider the legal implications of a client’s policies, decisions, and relationships. Equally important, the preventive lawyer must determine whether the client has failed to address issues that should be considered and adopt appropriate policies.

The preventive lawyer must be more than just an advocate; he or she may attend meetings with representatives from business or government, sometimes assuming the role of mediator.
Our courtroom record is impressive, but perhaps more impressive is the number of potential legal problems we have prevented by embracing the concept of preventive law.  We are proud to be known in Boulder and throughout Colorado for our preventive law approach.

The old adage that “An ounce of prevention is worth a pound of cure” is seldom truer than when applied to the legal system. Large corporations know this and often maintain in-house counsel for precisely this reason. Smaller businesses, though, are often hesitant to seek legal guidance. They may distrust lawyers or fear the cost, but often they simply fail to see the need. Unfortunately, the effects of not seeking regular legal advice may not become apparent until years later when costly litigation arises. 
Many people consult a physician for an annual check-up. Businesses routinely hire accountants to perform yearly audits. Yet few corporations or organizations consider an annual “legal check-up.” This is unfortunate because just as preventive medicine promotes good health, preventive legal care assures fewer legal problems and lower legal costs over the long term.
Every client is different, but some issues that we examine when a client asks us to evaluate its legal health include: 
  • Corporate structure
  • Document review
  • Contract review
  • Regulations and laws that apply to the client
  • Contigency plans
  • Hiring practices
  • Employment policies
  • Intellectual property rights
  • Protection of confidential information
  • Ownership of real property
  • Contract procedures
  • Review of contracts and forms
  • Documentation and records policies
  • Risk management
  • Products liability
  • Environmental issues
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