Contracts of Sale: Preserving Rights is Transactional Counsel's Job

The dichotomy between a litigation and a transactional practice is stark. Simply, transactional counsel needs to adhere to the game of hot potato — don’t get stuck as the recipient of a notice when the music stops. Instead, counsel must assert a preservation right whenever counsel receives a notice that asserts contrary rights by the other party. Then, counsel should consult with litigation counsel to collaborate on how to best achieve the client’s goal through a hybrid of leveraging litigation and negotiating terms.

Click here to read the full article published in The Suffolk Lawyer.