Far too often, the excitement of shaking hands on a deal gets lost when lawyers get involved. Instead of getting done, the deal gets buried under the contract details of what happens if and when something goes wrong.
This risk affects all contracts. Consider the sales rep and his client. Often, they negotiate only over a term sheet with key details - pricing, product and delivery date. The "legal" portions of the contract - warranties, remedies and escape clauses - are left for counsel to work out on "standard terms".
Unfortunately, when it comes to tech deals, the devil may be in those details. Such questions as compatibility with software in place, conversion of existing data, and whether the new product will satisfy the needs of the actual end-user may never be considered by those with the technical knowledge to answer them - unless counsel highlights such issues.
