M&A attorneys and litigators are two separate species.
Many small business owners use the same lawyer for everything, as their legal counsel. This can be very taxing when you’re a counterparty, especially if they were initially trained as litigators.
Litigators view the world as a zero-sum game. You win by defeating the other side. If you have a good litigator, the other side will grow to despise you (even as they acknowledge the efficacy and competency of your counsel), and they will eventually pay to settle so that you & your litigator disappear from their lives. A litigator will find it flattering to be called a “pitbull.”
M&A lawyers know that transactions are meant to be accretive and create value. They possess a collaboration and partnership mindset. They should be someone that other attorneys enjoy working with. They understand negotiations are give&take. They find ways of creating value for both sides. An M&A attorney should most certainly not be a pitbull, but rather a Border Collie.
