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Abstract

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.

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