The lawyer who formed the company may not be the right closer
Relationship history and transaction specialization solve different problems.
The lawyer who formed your company may know its history better than anyone. That knowledge can be valuable in a sale. It does not necessarily mean the same lawyer should lead the transaction.
M&A requires a specialized set of skills: negotiating letters of intent and purchase agreements, coordinating disclosure schedules, allocating indemnification risk, managing regulatory and consent issues, and recognizing how legal language affects purchase-price mechanics. Deal practice also changes as representations and warranties insurance, financing markets, and buyer positions evolve.
A trusted corporate lawyer may have that experience. If not, the strongest approach is often collaboration rather than replacement. Existing counsel can provide history, records, and insight while an M&A specialist leads the transaction documents and negotiations. Tax, employee-benefits, intellectual-property, environmental, or antitrust specialists may also be necessary depending on the company and buyer.
Ask prospective deal counsel about recent transactions of comparable size and structure, not only general corporate experience. Identify the lead negotiator and day-to-day team. Discuss how the firm budgets diligence, specialist work, and closing. Confirm that conflicts are checked against likely buyers early.
The goal is not to reward or disregard a longstanding relationship. It is to assign each workstream to the professionals equipped to handle it. A sale may be the most consequential contract an owner signs; familiarity should complement relevant experience.