More on Lawyer Relations

I was talking to a friend who is getting his startup off the ground and we started discussing working with law firms in the company formation stages. I think a lot of first-time entrepreneurs shoot from the hip when dealing with selecting and working with a corporate firm early in the lifecycle, so here are a couple simple things I learned along the way that I recommend to people doing startups:

  • Negotiate up front how much you’ll pay for your incorporation documents.  Don’t pay more than $5k for these. These docs should include company formation documents, standard employment documents, consulting templates, and company NDAs.  You can ask for a full package - any firm that works with startups (WSGR, Gunderson, Fenwick, etc.) has these on hand.
  • Do not give a law firm equity. Unless they promise they’ll never send you a bill, there’s zero reason to award them stock.
  • Don’t talk to too many lawyers/firms early on - it’s a waste of time. If you’re in NYC, Gunderson, WSGR, and Fenwick are fine.  Meet a partner or two and make your decision.  
  • You shouldn’t be paying more than $10k for legal docs for your first round of financing.  I’ve heard of startups paying up to $50k and that’s insane.
  • If you plan on raising capital, defer all of your payments until after your first financing.
  • You can and should go over all of these points when you’re picking your firm.
  • If a law firm or partner fights back on any of the above, you’re probably working with the wrong person.

Picking a legal partner to work with is important. You want someone you can trust who also has a strong reputation and track record in the startup community.  You won’t (and shouldn’t) interact with him/her in the early stages, but you want them by your side, engaged, and fighting for you when you need them most.  

*For more information Chris Dixon has written some great posts on the topic, and I recommend you read his blog particularly when it comes to raising capital and startup formation.