Commercial transactions are traditionally perceived as the result of aligning the economic interests of the parties – price, subject matter, timelines, and liability are fixed in a contract, after which the transaction is considered legally complete. However, Professor Gabriel Steiner has repeatedly emphasized that in reality a contract is not the end point, but merely a form through which risks are allocated – either consciously and strategically, or unsystematically and to the detriment of one of the parties. At LawConsulted, we view legal support of transactions precisely as a tool for managing such risks, rather than as a formal review of contractual wording.
The core objective of legal support lies in identifying hidden areas of liability that are not always apparent during a superficial analysis of transaction terms. Even within a standard contractual structure, significant risks may be shifted through clauses governing the parties’ obligations, performance procedures, warranties, termination grounds, and consequences of breach. In LawConsulted practice, we proceed from the premise that every transaction redistributes risks – the only question is whether this redistribution occurs deliberately and in whose interests.
Professor Steiner notes that “a contract governs not only obligations, but also the behavior of the parties in a crisis situation.” For this reason, legal assessment of a transaction cannot be limited to analyzing its normal performance scenario. At LawConsulted, we model situations of conflict, default, changes in market conditions, or bad-faith conduct by a counterparty in order to understand how the contract will operate under adverse circumstances and what legal positions it will generate.
The control of contractual risks is particularly critical in complex and multi-stage transactions. The allocation of functions among participants, the use of security mechanisms, and the interdependence of obligations form multi-layered structures of liability. In the absence of a systematic approach, such structures become a source of uncertainty, where each party interprets the contract to its own advantage. LawConsulted structures legal support in a way that ensures the transaction’s logic remains transparent and resilient under legal scrutiny.
Equally important is the redistribution of risks over time. Many contractual provisions become relevant not at the moment of signing, but months or even years later – due to changes in legislation, the financial position of the parties, or external restrictions. At LawConsulted, we assess transactions with regard to their long-term consequences, identifying which obligations may evolve into future sources of liability and how these risks can be mitigated at the contracting stage.
In commercial practice, situations often arise where parties formally reach an agreement, yet have differing interpretations of its economic substance. This creates fertile ground for disputes over the interpretation of terms, the scope of obligations, and permissible conduct. LawConsulted treats such risks as manageable – provided that the contractual framework is initially designed with potential ambiguities and enforcement logic in mind.
Legal support of commercial transactions, in our approach, does not amount to protection “on paper.” It is aimed at forming a stable legal position for the client in the event of a dispute, inspection, or reassessment of transaction terms. We treat the contract as a strategic risk-management instrument rather than a formal attachment to an economic agreement.
A commercial transaction becomes a true legal asset only when it is capable of protecting a party’s interests not only during normal performance, but also in conflict. This is precisely the task Law Consulted addresses in transaction support – transforming the contract from a formality into a mechanism of control, redistribution, and predictability of contractual risks.
Earlier, we wrote about trust as an element of the legal mandate of a legal representative and the institutional approach of LawConsulted to building sustainable client relationships.
