Keynote slides from my continuing legal education (CLE) presentation Ethics in Business Acquisitions: How to Avoid Derailing the Deal. Presented August 5, 2016 in Columbus, Ohio for the National Business Institute, Inc. (NBI) seminar Handling the Sale of a Business.

1. Ethics in Business
Acquisitions:
How to Avoid Derailing
the Deal

2. BRADLEY MILLER
Miller Law LLC ∙ @bradleymiller
#Don’tDerailTheDeal

4. Clients don’t hire us to
eliminate risks.

5. Clients hire us to
MANAGE risks.

8. Attorney-Client Relationship
TRUST

10. YOUR LOYALTY LIES
WITH THE CLIENT

13. When you are
representing a business
entity, your loyalty
belongs to the entity

16. “$500,000
for my client’s
business is a
steal.”

18. KEEP IT SECRET,
KEEP IT SAFE

20. I need my clients to tell
me their secrets in order
to do my job.

23. If you use technology, then you
have an ethical responsibility
to understand and be proficient
in that technology.

25. Sensitivity of the information
Likelihood of disclosure
Cost and difficulty of additional
safeguards

27. ENCRYPTION IS A PROCESS OF
ENCODING DATA SO THAT ONLY
THOSE WHO ARE AUTHORIZED CAN
ACCESS IT

30. Do you need to encrypt
your emails?

31. Do I need to encrypt
this email?
1. YES if the client tells you to use
encrypted email

32. Do I need to encrypt
this email?
2. YES if the information would be
damaging to the client if
intercepted

33. Do I need to encrypt
this email?
3. NO if #1 or #2 don’t apply and
you would feel comfortable if it
was your information

34. BONUS TIP!!
Avoid the necessity of encrypting
email by using a client intranet or
deal room

36. AVOID CONFLICTS
BEFORE THEY START

37. KNOW YOUR ROLE
As a lawyer, you have a duty to
act as an advisor to your client

40. Client
Objectives
Resolution
Expenses
Third parties
Lawyer
Everything else

42. REMEMBER:
THE CLIENT IS PAYING YOU FOR
YOUR EXPERTISE.

44. 1. SURE.
2. HELL NO.
3. ARE YOU SURE THAT IS
WHAT YOU REALLY WANT?
BECAUSE I BET I CAN CONVINCE
YOU OTHERWISE.

46. What to do?

47. DOUBLE THE CLIENTS,
DOUBLE THE FUN

50. Thank you.
www.bradleymillerlaw.com
www.newmodernlawyer.com