Just FYI, if you ever miss an issue in an agreement that you don’t catch until late in the deal process, don’t try to blame it on the other side to your client. You’ll get caught.

likehelpful
Posting as :
works at
You are currently posting as works at

Agreed. Always better to own up to it immediately - though you should talk to the partner about it first. Client may not be happy, but at least you’ll look like you have some integrity.

I was more so commenting on something opposing counsel tried to pull with their client on a recent transaction. Their client raised it with ours claiming it was brought up late in the deal process, and our client called them on it (because we brought it up a couple months ago and opposing counsel either missed or ignored it).

When problems arise, I always hide behind/ask the partner for advice on how to handle.

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