Proactive law in contemporary legal landscape: five main barriers and potential pathways to success

Imperiale Marco ()
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Imperiale Marco: Better Ipsum, Via San Gervasio 6, Bologna 40122, Italy (I)

TalTech Journal of European Studies, 2025, vol. 15, issue 1, 309-323

Abstract: This position paper affirms the transformative potential of proactive law, an anticipatory approach that integrates legal foresight into business strategy to prevent disputes and mitigate risks. Despite its promise, proactive law faces significant challenges within the traditionally reactive legal profession and the business environment. The paper identifies and examines five key barriers: entrenched reactive mindsets, organizational silos, difficulty in quantifying preventive benefits, budget constraints and the complexities of a dynamic global legal landscape. Adopting a reflective and analytical methodology, this reflection draws on interdisciplinary legal theory and organizational behavior frameworks to ground its criteria for evaluating these barriers. It positions itself as a reflection paper aimed at fostering a critical discourse on systemic resistance to proactive legal practices. Contributions include a nuanced understanding of the obstacles hindering the adoption of proactive law and strategic recommendations for overcoming them, advocating for a shift towards a more integrated, client-centered legal framework.

Keywords: change management; lawyering; proactive law (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:15:y:2025:i:1:p:309-323:n:1015

DOI: 10.2478/bjes-2025-0015

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