What knowledge and skills does an M&A lawyer need?

No comments yet, yet, but let's explore the topic. An M&A lawyer provides legal representation in the purchase and sale of a business. Because these M&A transactions are complex, the M&A lawyer is often supported by many other lawyers, including experts in such things as benefits, intellectual property and taxation. But the M&A lawyer is considered the leader of the team and the bridge between the legal and business aspects of an M&A deal.

Sometimes M&A lawyers prefer to call themselves deal lawyers, but that term should be considerable broader than the field of M&A. Any transaction (consider a transaction as outside normal commercial law involving the sale of products and services) could be considered a deal. That could include real estate sales, the issuance of securities (either in a registered offering or a placement) or loan transactions. Any lawyer involved in one of these transactions is a deal lawyer. Nevertheless, the term probably has greater acceptance in its application to M&A.

Returning to the question, and despite the fact that there are numerous exceptions to this point, I think the M&A lawyer requires business savvy. After all, despite the high legal content, M&A deals are done to satisfy business objectives. That doesn't mean that the M&A lawyer is an accomplished businessperson, but it does mean that the lawyer needs to understand the concepts of business and what is important from a business perspective about a particular deal.

Negotiating skills are important. Sometimes M&A lawyers lead negotiations, even the important business aspects of a deal. Even when they are not entrusted with that role, good negotiating skills are necessary to assure that the client is adequately protected.

An effective M&A lawyer requires management ability. M&A deals are typically done on a short time line. They are complex. Numerous tasks must be performed, not only by the legal team, but also by a wide support cast. Assuring that all players are working as a team falls to the M&A lawyer in many cases because the lawyer is the most seasoned professional on the team.

And what of legal skills? Because M&A involves the purchase or sale of a business (depending on what side you are on), it requires some knowledge of all legal aspects pertaining to the business that is the subject of the sale. It also requires a special knowledge of the legal aspects that affect the transaction itself. This legal knowledge must be translated for the client and put in effect in formulating the deal.

I'm posting this for now as a working draft and will make changes as appropriate.

Deal Lawyer

What knowledge and skills does an M&A lawyer need?

I'd like to hear from you.

Deal Lawyer