Business Articles

M&A Attorneys Are Anything But Equal

Here’s the sad reality of calling large law firms as a local unknown Entrepreneur. Usually when I place a call to a one of several large M&A Law firms in Kansas City. I am usually immediately met with sometimes challenging impersonal and impatient attitudes. The Attorneys at these Law Firms forget they need our Business to stay in business. So if I may offer some guidance when doing exactly this, calling M&A attorneys. I would start with keeping the conversation as impressionable as possible. And about your mission. Become personal only after you meet them in person.

When a Business Attorney finally does pick up the phone or return your email do be Respectful. Be Firm and gently ask your questions while asking for their permission to help you both crush the marketplace. Service through cooperation. The above video shares some opinions about why a large law firm was having issues staying in business. Even though Im writing to share my experiences and some suggestions. I would share My opinion is just that. My opinion! I have a 1st amendment right to speak about the issues I have personally experienced with attorneys. I am not advocating all Attorneys are deceitful or bullies. But you must be careful who you select and who you place your trust into. Because they will try to get away with unacceptable behaviors at times. So please be informed.

There is one thing that stands out to me as a Entrepreneur and Business owner. And that is you must have a backbone and be able to work with aggressive and borderline disrespectful Attorneys. This post will share with you some of my experiences working with and selecting Attorneys. Some things to watch out for. And what to do if you feel outmatched or taken advantage of. Im not going to pretend that most Attorneys don’t have an adversarial reputation of treating people poorly. Not to mention they routinely treat serious entrepreneurs with judge-mental disdain. So with this information being brought to the table of discussion. I feel it’s my obligation to share with other Entrepreneurs “How to handle attorneys who are aggressive and treat you poorly”. Stay tuned this is gonna be worth the time and energy to read. It may just save your business career.

I would like to share a personal experience of mine. This experience had a profound impact on me to the point of knowing I could never allow any Attorney basic trust until they proved themselves worthy of my trust. Being completely honest. I feel you damn near need to hire counsel – to talk to counsel. LOL I do hope your having a laugh with this pessimistic tone I am projecting in my writing here.

Your going to find many Attorneys will likely prematurely and unfairly judge you. Speak down to you. Aggressively try to intimidate you with verbal or emotionally charged statements meant to covertly bully you. You will likely have Attorneys feign being nice while demonstrating micro aggressions during conversations. I do not deny I find most Big Firm Partners unworthy of trust. Until otherwise they can prove worthy of my trust. So this has been my experience. And I am sure most who have had to deal with large firm partners will agree with my observation.

But with all this said. You will eventually find Attorneys who will go to war for you. And these awesome Attorneys will do whatever it takes to make sure you and your interests are represented just like a good soldier on the Battlefield. Plus they will treat you like the Prince or Princess you are.

So do take this information and experience I am providing. And use it as you select, interview, or work with M&A Attorneys.

Here is some basic advice from me for you the Entrepreneur. To use when choosing and searching for a Mergers and Acquisitions Business Attorney.

  1. Not all Business Attorneys are the same. Choose your M&A Attorney based on the Previous Transactions they have completed. I will let you in on a little secret in the M&A space. Most Partners at Big Firms will assign your transaction work to their associate attorneys. Making them do most of the work. All the while smiling and sharing with you how hard they have worked.
  2. Furthermore It’s good to personally know and have lunch and dinner with your Associate Attorney who is doing most of the work for your transaction. They can be your warning alarm if things go sideways. In the end this associate Attorney will form a bond with you. This can be helpful during On & Off again negotiations or other times when you need that Associate Attorney to share “What you can do”, instead of “What you can’t do”. I hope you get my drift.
  3. Carefully select and interview the Attorneys and Firms you want working on your transactions. Make sure your a good fit for each other. Do you have good rapport? Be choosy. Don’t rush things.
  4. So many M&A law firms use templates for Transactions.
  5. Never ever pay for Up Front Fee’s without negotiating a billing agreement in place. Some Attorneys will bill you for the privilege of talking to them. This is a NO GO!!! NEVER EVER allow them to pull a stunt like this with you.
  6. Never go to an Attorney to be educated. This can and will cost you big time. Most Attorneys bill by the hour. If you seeking your Attorney to educate you? That will probably be the most expensive education you will ever receive. All the while they will smile and thank you for the opportunity.
  7. Make sure the Attorney your working with welcomes the opportunity to work with you as an Entrepreneur. You can easily test their mettle and authenticity. By asking if they have provided entrepreneurs in the past the same courtesy as you. And if they have? Ask them nicely to introduce you.
  8. Don’t expect your Attorney to want to be your friend. It’s likely they won’t want to be. Usually Attorney’s are unfriendly to Entrepreneurs unless you come in with Heavy hitters on your left and right.
  9. Always have a Mentor or fellow Board Member present when dealing with Business Attorneys. They are very used to taking advantage of Peoples ignorance or inexperience.
  10. Don’t be a bumbling fool who calls themselves a Entrepreneur. Never try to impress your Attorney. They won’t care anyways. And will likely assign disrespectful and profane pet names to you when your not around. I have seen it.
  11. Never allow a M&A Transaction Attorney the privilege of meeting your Mentors or Board members alone. Keep everything documented. And do be suspicious of any Attorney you do not know well. It’s so easy for people to cut you out of Transactions. In the end without the support and leadership of your Chairman? You are the weak link. I have seen this happen unfortunately. It’s not pretty.
  12. One last thing….. Be suspicious of money matters and always use other Attorneys for your benefit. You want to be a informed Entrepreneur with second and third opinions.

Please take these suggestions as loose suggestions only. Be informed. And it may come in handy one day when you have a suspicion that well founded. I would also look for my other post about “Wall Street Attorneys as Secret Weapons” read that as well. Thank you for reading. I do hope you find an Attorney who is suitable and is a proper and comfortable fit. After all they are one of the most important puzzle pieces to have as a Business owner and Entrepreneur.

JS

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