Mark Kohler warns founders raising capital to hire a business-minded deal lawyer, not an expensive specialist who treats fundraising like litigation. A bad contract can destroy a good deal. Overpriced lawyers push founders toward self-representation, which tanks negotiations and contract quality.
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When you're raising money, you want to find a lawyer that's a deal maker type of lawyer and is also affordable. They already come with maybe great recommendations. You've worked with them before because lawyers can just milk this thing like a divorce attorney and start charging, stirring the pot, making it a very expensive deal. And so what happens is people that have had that bad experience go and try to do the deal themselves. So now they're playing on paper at the end of the day, trying to negotiate and figure it out and play lawyer. And then it even gets worse. And so I can't emphasize enough trying to find that good lawyer that speaks business, that understands that the deal happening is an important relationship because they want to be there on the back end. Bad contract can make a good deal bad, but a good contract makes a good deal better. It's so important to have the paperwork right.