An article in The Bus. Lawyer, Vol, 64, Feb. 2009 at 309, makes the point that lawyers often take the blame for a deal collapsing when in fact business executives sidestepped tough issues that eventually came to light through the lawyers and scuttled the deal. “Businessmen when bargaining often talk only in pleasant glittering generalities, think they have a contract, but fail to reach agreement on any of the hard, unpleasant questions until forced to do so by a lawyer.”
This criticism – “deal breakers” – is a cross in-house counsel must bear. Unfair as it may be, clients want to blame someone.