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Litigation or Resolution? The Rise of Preventive Legal Strategy in Business

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Litigation or Resolution? The Rise of Preventive Legal Strategy in Business

30 July 2025

Litigation or Resolution? The Rise of Preventive Legal Strategy in Business

I’ve spent enough years in business to know that legal issues big or small tend to show up when you least expect them. A contract gets misread, a clause is overlooked, or a dispute quietly builds until it lands on your desk. Suddenly, you’re dealing with lawyers, court dates, and headlines. It drains energy, time, and trust. 

And somewhere along the way, most of us accepted that this was just part of doing business. 

But I believe it doesn’t have to be. Lately, we’ve been having a different kind of conversation across our leadership table one that moves away from firefighting and toward foresight. What if, instead of reacting to legal trouble, we focused more seriously on preventing it altogether? 

This is what we’re calling a preventive legal strategy and it’s reshaping how we think about risk, responsibility, and growth. 

Changing the Mindset 

For too long, the legal team was the last stop on the train brought in after decisions were made, deals were signed, or tensions flared. Now, we’re bringing them in early. Not to slow things down, but to make sure we don’t miss something that could cost us later. 

It’s about being smarter with contracts. Taking compliance seriously not just when an audit looms, but as part of how we operate every day. It’s about asking: Where are we exposed? What haven’t we thought of? 

And most importantly: What can we fix now, before it becomes a problem? 

Litigation Isn’t Leadership 

Of course, some disputes will always end up in court. But relying on litigation as a business tool? That’s not strategy that’s damage control. 

We’re choosing a different path. We’re training teams on risk awareness. We’re resolving disagreements early sometimes with a simple conversation. We’re working with our legal advisors not just to protect us, but to guide us. And let me tell you this shift is freeing. It creates space to focus on what really matters: our customers, our teams, and the work we’re proud to do. 

Building a Culture of Clarity 

Preventive legal thinking isn’t about fear. It’s about clarity. When everyone from  procurement to product, HR to finance understands the value of clean contracts, clear policies, and thoughtful decision-making, we build something stronger than just a safe business. We build a resilient one. 

The Way Forward 

Legal risk will always be part of business. But if we can prevent even half of the issues that typically land us in court, that’s not just a win for the legal team it’s a win for all of us. 

So, let’s keep asking the better question not “How do we win this case?” but “How do we make sure it never comes to that?” Because prevention isn’t just good legal sense it’s good business. 

 

By — Chairman, _Deutsche_

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