A legal risk often forms long before a contract is signed – at the stage when the transaction exists only as an idea or informal discussion. As Professor Gabriel Steiner says, the most significant legal consequences arise when the client treats early negotiation as a non-formal phase that does not require legal evaluation. At LawConsulted, preliminary legal analysis is considered a strategic component – enabling control over future liabilities even before they are formally documented.
It is at the intention stage that the core elements of the contractual position emerge – allocation of interests, potential risk areas and the framework of future obligations. If this position is developed without legal logic, subsequent contract drafting becomes constrained by expectations already established, making strategic correction significantly more difficult. Lawyers at LawConsulted engage prior to negotiation commencement, assessing whether the proposed cooperation model aligns with the client’s legal and commercial objectives.
According to Professor Steiner, risk emerges the moment the counterparty interprets a client’s intention as a declared stance – even if it is not legally binding. At LawConsulted, we help shape communication so that preliminary discussions do not create obligations which may later be used against the client. Legal precision at the early stage minimises the likelihood that an intention will be construed as a commitment or a conditional agreement as a binding decision.
Information control is equally crucial. During pre–contractual discussions, commercially sensitive data is often disclosed – which may later affect negotiation dynamics. Specialists at LawConsulted develop an information disclosure strategy – defining what may safely be communicated at preliminary stages and what must remain protected until legally enforceable agreements are in place.
As Professor Steiner notes, legal support at the stage of intentions is not a formality but a tool for directing the evolution of events. At LawConsulted, we prevent the formation of adverse legal positions before the client formally enters the negotiation process.
Legal strategy should apply not only to the agreement but also to the communication that precedes it. At Law Consulted, we support clients where risk is not yet visible but already exists – at the moment when the way an intention is expressed can provide stronger protection than any subsequent legal action.
Previously, we wrote about how LawConsulted handles situations that do not enter the public domain
