An Initial Consultation With A Potential Client Interested In Mergers And Acquisitions
When a company or business owner comes to me with an interest in merging with or acquiring another business, there are a few steps we will walk them through.
1. Step One: Determine What Has Already Been Done
Some clients prefer to do things on their own. In these cases, when they come to us, they have already taken steps toward their end goal. They may have already started negotiations, reached out to the other party, and have already begun dealings. We need to understand where they are in the process in order to best serve them.
2. Step Two: Determine What They Want Us To Do
Once we understand where they are in the process and what their ultimate goals are – be it to merge or acquire – we can then discuss what role they would like us to play moving forward. Obviously, we would prefer to be as involved as we can be, so that we’re able to assist as much as possible, but sometimes a client just wants some advice so that they can do everything for themselves. Other times, they’ll be ready to allow us to step in and orchestrate the process on their behalf.
3. Step Three: Determine What We’re Going to Do
Now that we have a better idea of what the client’s expectations are for our involvement, we can determine what’s possible. There are, unfortunately, times when we aren’t able to meet a client’s expectations due to what they’ve already done prior to coming to us. For instance, if they’ve already signed agreements or if they’re bringing us in at the final hour to make a lot of changes that should have been done at the front-end, we may not be able to do what they’d like for us to do.
Many times, people can be under the false impression that an attorney is only interested in making money and, therefore, would accept any case offered to them. That isn’t true, though. What we’re interested in is providing a service and ensuring that the service we provide is excellent. We take pride in our work. If we review a case and feel that we aren’t going to be able to do our job to the standard we have set for ourselves, we’re going to be upfront and honest with a potential client about that.
So, these are the three steps we take when approached with a merger or acquisition case. It all begins with a precursory review to get all parties on the same page, to understand expectations, and determine how best we can help meet those expectations.
When To Hire An Experienced Attorney For Mergers And Acquisitions
The best time to hire an attorney for a merger and acquisition is as soon as possible. Even when you are just in the beginning stages of exploring a merger or acquisition, having an attorney will ensure that you make the appropriate steps to ensure a smooth process from start to finish. These deals may seem simple at the outset, but they can become quite complex very quickly.
Having a certain set of parameters obtained by speaking with your attorney before you go into negotiations is extremely beneficial to you. An initial consultation with an attorney can help you understand the many different factors involved so that you can consider them when communicating with the other parties.
For example, we may discuss a transaction, which would allow you to have the discussion terms of…
- Holding funds in escrow, and
Understanding all of these factors due to consulting with your attorney then allows you to have conversations with the other side. You are better able to communicate your position so that there are no surprises or situations where people are left flat-footed or feeling blindsided.
To err on the side of caution, it’s always beneficial to have an attorney involved from the very beginning. If you’ve already gotten started and made some moves, it’s not too late to get an attorney involved either. An attorney will be an extremely valuable asset and can still right a ship that may be on the wrong course if brought in sooner rather than later.
Finding And Contacting The Right Buyers And Sellers
Realtors are normally involved in finding and contacting the right buyers and sellers. Law firms are not licensed real estate brokerages.
That being said, if an attorney happens to know of a client or individual who may be in the market, they can still bring those parties together. In this situation, however, there may be a conflict of interest that would then prevent us from being involved in the actual transaction.
For the most part, an attorney won’t be involved in locating parties. There are some firms that have business brokers, which are basically real estate agents.
For more information on Initiating Mergers & Acquisitions in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 606-6139 today.