Within the scope of our legal counseling professional activity, we consider prevention an essential issue. As a result of this matter of fact, the basic and main rule for C&D Solicitors’ professional activity is “better safe than sorry”.
Prevention implies two different points of view depending on its origin:
1) From our legal perspective, it is based on the knowledge application of the established rules for each case and our experience.
2) From the clients’ perspective, it is based on their personal situation and the moment when they decide to contract a legal counseling service.
From our legal perspective, when clients contact our legal firm and explain their situation—a problem that has arisen or a business to be undertaken for which they need counseling; our obligation is to provide the best legal counseling service. Then, we solve out the problem or reduce its consequences, by means of an approach to the applied regulations for each particular case together with our experience. Furthermore, we offer the best legal certainty for this business that they may undertake.
Lawyer’s good professional counseling service may not be reached without applying an overview of various forward-looking scenarios or circumstances which may change what seems secure nowadays; that is to say, when the eventual legal consequences of an particular issue are not prevented by means of legal instruments; therefore, this prevention is essential for our profession to provide a correct legal counseling service and prevent clients from eventual disadvantages. These problems could be avoided if they are advised of certain possibilities when contacting our legal firm. Clients are also presented to different scenarios leading to a better protection of their interests when new circumstances appear, warning them about eventual situations undermining their interests.
This legal exercise, that we have come to know as “preventive law” and is to be applied in each particular case, may only be reached by means of a deeper and detailed approach of each case and granting more time to that particular issue in order to overview its splitting and prevent any eventual incident. Clients shall understand that the additional time granted to their particular issues may imply an increase of our fees, however these expenses does not even compare at all to these disadvantages which could be caused to them by certain situations and which could be avoided with a deeper and detailed counseling service.
From the clients’ perspective, prevention should be applied when undertaking a business or any legal act which may imply a risk for their rights and interests.
Usually clients have three reasons to avoid contracting a lawyers’ counseling service from the very beginning: overconfidence in their knowledge, overconfidence in the other party’s action to undermine their interests or avoid additional costs in contracting a lawyer. Regarding this issue, I have frequently asked myself before some clients’ presence why someone who is a about to carry out the most important legal transaction of his life—as for example, the purchase of a house, business or trading company; does not contract a lawyer to avoid paying a ridiculous cost if it is compared to the financial outlay of that transaction.
The temporal moment in which clients contact with a lawyer becomes very important, as preventive rule is applied from the beginning of any action which may imply repercussions to their rights and interests. When contacting a lawyer, clients reduce significantly their risk of undergoing any problems derived from that business.
The fact of contracting a lawyer only when the problem has knocked on the door is a practice which may imply a great risk and high personal and economic costs. It is essential to contact a lawyer from the very beginning to prevent any eventual problems, or at least, reduce the risk of undergoing them.
Our legal firm understands and conceives that we can only be good lawyers in a current and so changeable legal world if we are capable to prevent our clients against any problem arising in the future. We only ask our clients to consult their lawyer any doubt or uncertainty before doing anything, so that they have a qualified opinion to prevent them against any problem.
Prevention is better than cure. Get advice from C&D Solicitors whether you think you may need an expert who looks after your best interests.