Deal lawyer as hard-nosed negotiator: Is this a good thing?
January 26, 2026
by a professional from University of Michigan - Ann Arbor in Detroit, MI, USA
After all, buyer and seller generally want the same thing. They want to close on the terms agreed in the Letter of Intent. Nothing more.
So if a lawyer feels the need to take an aggressive posture regardless of the circumstances, it could do more harm than good.
Just to be clear, there are reasons to get heated. For example, if the other party demonstrates a lack of good faith.
That’s understandable. No one likes the feeling of getting played.
But often that's not the case. And aggression first in the main street context is usually the wrong choice.
This is because the buyer and the seller have an unusual relationship.
Prior to closing, they have divergent interests. Each one wants to secure the best terms while minimizing risk.
But post-close, thanks to structuring tools like seller financing, their interests should align.
Both want to see the business successfully transitioned and succeed.
The buyer and the seller therefore need to become quasi partners. And poisoning the well at the negotiating table is not a good idea.
Let's be honest, even if this were not true, brute force is still a poor choice.
It can work against weak counterparties. But against most it’s a turnoff.
See how brow beating a 60-year-old retiring veteran who grew his manufacturing business from scratch works for you...
So when you’re looking for a lawyer to help you buy a business, make sure you hire one who is focused on problem solving rather than fighting.
Because when it comes to main street M&A, lawyering with quiet confidence is often the better way.
from Massachusetts Institute of Technology in Portland, OR, USA