Important Considerations When Choosing an M&A Lawyer

Mergers and acquisitions (M&A) transactions are complex, costly, and time-consuming. Therefore, choosing an M&A lawyer specializing in this field is critical and can help guide you through the complicated process easily. To make an informed decision, there are five crucial considerations when selecting an M&A lawyer.

It is essential to consider the lawyer’s experience and qualifications, understanding of the industry, fee structure, network of contacts, and willingness to handle the M&A transaction from start to finish. With the right M&A lawyer, you can rest assured that you are getting the best advice and representation to navigate the M&A process successfully.

What is M&A Law?

Mergers and acquisitions (M&A) refers to the buying and selling of companies. While some companies are growing organically, others are combining with or being acquired by other companies to expand their operations, increase profitability, or survive in an increasingly competitive marketplace.

An M&A transaction can occur in many different settings, including when a large company acquires a smaller company, when companies engage in joint ventures, or when more prominent companies with more resources and better economies of scale buy out companies.

In many cases, mergers and acquisitions are governed by federal and state laws and regulations. Both the acquiring and acquired (or target) companies must comply with various rules and regulations to ensure that the transaction proceeds smoothly and is completed as quickly as possible.

Important Considerations When Choosing an M&A Lawyer

Your attorney will be an essential member of the team working on the deal. As opposed to acting as a third party neutral in the transaction, your attorney and the rest of their staff will work directly with you (or your organization). Duties are something that all lawyers owe to their clients, which means your lawyer will always have your most significant interests in mind.

Transactional lawyers, as well as deal lawyers, are another name for attorneys who specialize in mergers and acquisitions. While you can employ a general lawyer to manage your sale, doing so is not suggested, particularly for transactions involving more significant sums of money.

Every transaction is one of a kind and comes with its own set of challenges. Still, more significant transactions typically involve more moving parts and call for the assistance of an attorney with more experience managing intricate tax and legal difficulties. The greater the estimated selling price of your company, the more probable it is that you will need the assistance of a lawyer who focuses on mergers and acquisitions.

There are five crucial factors to consider when choosing an M&A lawyer:

Experience and qualifications of the lawyer

During the process of an M&A transaction, you will be dealing with a lawyer daily. This person will provide strategic advice, draft critical documents, and manage all aspects of the transaction, such as communicating with clients, counterparties, and government agencies. Choosing an M&A lawyer with the necessary experience and qualifications is critical.

You should ask a potential M&A lawyer about their experience and what type of M&A work they typically handle, such as mergers, acquisitions, divestitures, joint ventures, or other transactions. You should select an M&A lawyer with experience working with clients in your industry. This is extremely important because it will help ensure that your lawyer understands the nuances of your industry and can provide the best advice and guidance.

Understanding of the industry

Choosing an M&A lawyer who understands the nuances of your industry can help ensure that they provide the best advice and guidance. It is essential to ask a potential M&A lawyer about their experience in your industry.

In addition, you should be prepared to discuss the dynamics of your industry to ensure that the lawyer has a clear understanding of the critical issues affecting your business. This will help you identify potential issues and determine how the M&A process will proceed.

Fee structure

The fee structure is another important consideration when choosing an M&A lawyer. There are two basic approaches to billing: hourly billing or a fee based on a percentage of the transaction value. With hourly billing, you are responsible for paying the lawyer for the time they spend working on your transaction.

In contrast, with a fee based on a percentage of the transaction value, you are responsible for paying the lawyer a set fee for their work, regardless of how much time they spend on the transaction. You should discuss the fee structure with a potential M&A lawyer to understand their compensation and expectations.

You should select an M&A lawyer willing to work on a contingent fee basis. This arrangement is advantageous for various reasons, including that it encourages lawyers to work diligently on your transaction and to try to conclude the transaction as quickly as possible.

Network of contacts

You should also consider the network of contacts of an M&A lawyer. Depending on the type of transaction, you may need assistance from various parties, such as attorneys, accountants, investment bankers, auditors, insurance brokers, and regulatory agencies.

Thus, it is vital to choose an M&A lawyer with a network of contacts that can assist the lawyer with the various aspects of the transaction. It is essential to discuss the multiple parties that may be involved in the marketing and how the lawyer plans to use their network of contacts to assist with the marketing.

Willingness to handle the M&A transaction from start to finish

In conclusion, selecting an M&A lawyer willing to undertake the deal in its entirety, from beginning to end, is necessary. A merger and acquisition deal can be complicated and typically involves many participants. As a result, it is imperative to include attorneys right from the start of the procedure.

It is essential to have a conversation with an M&A lawyer before initiating the transaction. This will allow you to determine whether or not they are interested in participating in the process immediately. This will assist you in deciding how the M&A transaction will move, as well as identify potential challenges that may arise.

Conclusion

In the last stage of the mergers and acquisitions process, the involvement of the transaction lawyers is crucial. For the seller, they assist with legal, due diligence, review, and help negotiate important closing documents beginning with the sales contract and disclosure timetables, sometimes including non-competes, work contracts, estate leases, escrow agreements, etc. Founders have seen the good, the bad, and the ugly, and we can guarantee you that a good payment lawyer can help you to identify and mitigate legal risks and prevent much frustration in the process.