Post by Peter Lotz, M.C.J. (NYU) Attorney, Attorney-At-Law (N.Y.) MAYRFELD Rechtsanwälte & Attorneys-At-Law

Legal Advice as an Investment – Why Smart Companies Don’t Save at the Wrong End

Legal advice isn’t a necessary evil – on the contrary: when used correctly, it can make a decisive contribution to value creation and long-term business development. Companies that integrate legal expertise early and strategically not only safeguard themselves legally – they create measurable economic value. Like any smart investment, professional legal counsel yields a clear return on investment (ROI) – whether as part of the overall corporate strategy or in targeted individual initiatives. What’s key is a shift in perspective: away from reactive crisis management, toward proactive design. Where entrepreneurial thinking meets legal precision, not just solutions emerge – but sustainable added value.

Legal advice is often viewed as an annoying cost factor. Especially when focusing on efficiency, the temptation is to reduce it to the bare minimum. But those who see ROI merely as a mathematical formula of costs versus profits underestimate the strategic impact of legal counsel. This perspective fails to consider how a legally secure business foundation can contribute to sustainable growth.

Professional legal advice is not just an expense – it’s a design tool: it ensures clear contractual frameworks, minimizes risks, supports the development of resilient business models, and protects companies from costly missteps. No innovative business would seriously forego investments in R\&D – so why take a short-sighted approach when it comes to legal counsel?

One example illustrates the effect: the classic ROI formula – profit margin times capital turnover – greatly benefits from efficiency. But what good is a lean inventory or fast supply chain if the contractual foundations are flawed? It’s only through sound legal negotiations and tailored agreements that the conditions for operational efficiency are created in the first place. Those who understand legal advice as a strategic lever unlock new potential – directly visible in the metrics.

What specific levers does legal advice use to influence ROI? While a complete legal and economic analysis would go beyond this article’s scope, four core areas can be identified:

  • Avoidance of legal disputes
  • Risk management and compliance
  • Protection of intellectual property
  • Guidance in business development and transactions

These may sound abstract at first. That’s why it’s worth taking a look at practical examples.

Legal guidance is most effective when it is integrated early and comprehensively. In practice, however, we repeatedly encounter typical mistakes that end up being costly for companies – errors that could be easily avoided with foresighted legal advice.

A classic case: a company knows what it wants – but not under what conditions this can be legally and economically viable. Often, there’s a lack of understanding regarding contractual requirements, legal feasibility, or internal authorization. Experienced legal advisors don’t just help with structuring; they translate business goals into clear, enforceable frameworks – whether via term sheets, legal guidelines, or strategic sparring.

Managers are doers – they act, decide, drive things forward. But those who think legal advice can be summoned on-demand from the back office are mistaken. Without full integration, legal counsel often lacks insight into the business context, strategic goals, or communication history. The result: unstable contracts, undetected risks – and a negative ROI.

Flexibility seems like one of the greatest business virtues – but only if it doesn’t undermine commitment. Excessive deviation from a thoughtfully designed business case – often in the name of “being flexible” – can jeopardize the viability of a deal. Good legal counsel acts as a corrective force, ensuring the red thread isn’t lost and business goals are accurately reflected in contracts. Every consistency gap uncovered by a lawyer is worth its weight in gold. Worse than having no contract is being bound by the wrong one.

Some problems are simply ignored – in the hope that they’ll go away on their own. The opposite is true: hidden risks, vague specifications, and lack of safeguards become silent ROI killers. Controllers often detect these costs faster than operational leaders. Lawyers bring them to the surface – and offer pragmatic solutions before financial damage occurs.

Deficiencies in contract and transaction design should no longer be structural issues in today’s business environment. Nevertheless, consultants still encounter cases of inadequate legal alignment and neglect of the interdependencies between different legal relationships, meaning that potential impacts on the business aren’t fully anticipated. One must also consider that viable options in practice are not always compatible with legal constraints.

In complex projects, many legal threads intertwine. If not carefully aligned, this can lead to conflicts – such as over IP rights, exclusivity clauses, or conflicting obligations. Failing to think about legal relationships in an integrated way risks strategic blockades, missed opportunities, or even contract breaches. Legal advice brings clarity – even in depth.

After lengthy negotiations, the contract is filed away – and promptly forgotten. Reality reverts to old habits – not to what the contract says. But if agreed terms are not followed, the contract loses its protective power and its ROI disappears. Here, the legal advisor acts as guardian of the business case – not as a brake, but as a guarantor of sustainable business success. Legal advice helps make agreements effective – through process integration, control mechanisms, and consistent implementation. This should not be confused with a lack of business flexibility – it reflects the unyielding logic of a business case that simply won’t produce ROI if its conditions aren’t met.

Lawyers often compare themselves to firefighters or emergency doctors – saving the day at the last second. The crucial difference: we go to the doctor when we’re sick. Legal counsel is used to avoid becoming sick in the first place. The absence of legal risk is a real, measurable benefit – and thus a contributor to ROI.

Modern legal advice goes beyond solving isolated problems. It is part of strategic corporate management.

It helps position the company competitively, create sustainable ROI through legal security of business models and essential transactions. Internally, it facilitates assessing the legal feasibility of planned business models and fosters legally aware decision-making processes. Ideally, legal advice has not just isolated effects in single cases, but is scalable for similar future scenarios. It integrates seamlessly into agile processes and increases efficiency through standardized contract management.

This creates a lasting impact:

  • Stable, legally secure business models
  • Balanced contracts considering potential follow-up costs
  • More precise evaluation and selection of profitable business options
  • Avoidance of follow-up costs via early detection of legal pitfalls
  • Strengthened business resilience with reduced liability
  • Efficient resource use through optimized contract management

These are not pipe dreams. They are the outcome of effective, business-savvy legal consulting. If such benefits don’t materialize, a critical look at the scope, method – and provider – of legal services is warranted. Those who only look at the price often miss the value. A premium car isn’t bought for its price, but for its performance. The same holds true for legal advice.

Legal advice becomes an investment when it is properly integrated – not just substantively, but structurally. This requires a professional approach to working with advisors. Lawyers depend on complete information. Giving them early access enables solid guidance. Bringing them in selectively or too late risks incomplete outcomes – and wastes fees.

A transparent monitoring process is economically sound: regular billing with understandable activity reports, effort estimates, and clear communication structures. Legal counsel also works with deadlines – these can and should be agreed upon. They create planning security and promote efficiency on both sides.

Legal advice shouldn’t be limited to isolated cases. Our answer to this is MAYRFELD 360 – a consulting approach that uses individual cases as a springboard for strategic development:

Our contextual consulting sees case-specific advice as a starting point for developing scalable strategies, streamlined processes, and reliable structures. We analyze what a company truly needs legally and economically – and challenge how your business relationships and internal processes can be designed to ensure legal certainty, efficiency, and value creation. We involve your specialist departments and treat legal advice as a driver for:

  • Internal process optimization
  • Smarter contract management
  • Sustainable business development

This turns isolated legal advice into systemic value – and a cost factor into an investment in growth, security, and real return on legal investment.

This article is intended to convey general thoughts on the topic presented. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. References to “MAYRFELD”, “the law firm”, and “legal practice” are to one or more of the MAYRFELD members. No individual who is a member, partner, shareholder, director, employee or consultant of MAYRFELD (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect to this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of MAYRFELD. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of MAYRFELD on the points of law discussed. You must take specific advice on any particular matter which concerns you.

For more information about MAYRFELD, please visit us at www.mayrfeld.com.

About the author Peter Lotz, M.C.J. (NYU) Attorney, Attorney-At-Law (N.Y.) MAYRFELD Rechtsanwälte & Attorneys-At-Law
Peter Lotz is a partner of MAYRFELD. He has been counseling for over 20 years domestic and foreign Fortune 500 companies as well as SMEs in connection with the cross-border developemt, acquisition, licensing and commercialization of novel technologies.
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