What is preventive law?

Preventive law is a philosophy about the role of the lawyer and the law. According to the National Center for Preventive Law:

“The premise of preventive law is that the legal professional can better serve clients by investing resources in consultation and planning rather than relying on litigations as the primary means of addressing legal problems. This theory recognizes that while litigation is sometimes necessary to address past wrongs, the fact that one ends up in an adversarial proceeding may be evidence of a lack of planning or communication. By applying foresight, lawyers may limit the frequency and scope of future legal problems.”

As the name implies, preventive law aims to prevent legal problems before they occur. Lawyers traditionally solve problems that have already developed. However, the preventive lawyer acts proactively and counsels the client to do the same. As such, preventive law is similar to the philosophy of preventive health care.

Preventive law can be used in many legal settings from family law, criminal law, to business law. Some of the goals of preventive law include:

• Avoiding costly and disruptive litigation;
• Allowing the client to plan for anticipated legal needs and costs; and
• Client education about when and how to most efficiently use a lawyer’s services.

PreventIt Law^sm employs the philosophy of preventive law in its approach to assisting small businesses and nonprofit organizations throughout Massachusetts.