An Entrepreneur's Guide
MindPillar supports this blog as a means to help its entrepreneurial clients. We try to provide the best advice and experiences to people who are going to or have started their own companies. We know how tough yet exhilirating the experience can be. This blog aims to support and encourage entrepreneurs
Sunday, February 27, 2005
Critical Legal paperwork and keeping initial legal fees low
As small business owners, we all know the importance of legal documents. Be it contracts, non-disclosure agreements or operating agreements. It is critical that we have these legal structures in place to maximize interest and maintain focus. Let us not forget, these documents are more of an insurance policy.
There would not be any need to enforce any of them unless the worst happens.
Like an insurance policy, it is extremely important to have these measures in place and active before work commences and before anyone feels incorrectly compensated and accusations made.
It is incredible how many small businesses I have seen over the last few years skip this important step with the idea that "we can always do that later". No, you cannot.
Just last week, a friend of a friend lost a lot in salary, percentage stake in the company and morale when his business partner reneged on all previous verbal deals. The reason the defending person has no legal leverage? They were getting the legal paperwork completed by next week. Next week is not good enough. This should have been completed the day you stepped foot into your new offices.
Legal advice is often expensive and the rule of thumb is that you never bargain with your attorney, your accountant and your dentist. However, it is interesting to note that many attorneys look favorably towards Small Business clients. This is their version of Venture Legal Service. Venture Legal Service is a type of Venture Service, not unlike Venture Capital.
However, unlike Venture Capital, Venture Services are not so much an infusion of cash but of time into the small business. Another important differentiating factor is that Venture Services look for future growth prospects of the small business as a future client, not a direct payback on their investment.
I was recently at an event where I had the chance to speak with Justin Escher Alpert, Esq. of OlenderFeldman LLP, based in
Justin’s explanation was simple. If they take a small risk in profits with a Small Business client (which will not have big legal bills for a few years), they have the advantage of getting a foot in the door early on. When your Small Business does expand and is successful, you obviously want to keep your existing lawyers who understood your business and your needs from day one.
At that point, they do not break your bank on the price, but still offer extremely useful legal services at competitive rates. The initial discounts they gave your struggling company are a decent marketing expense that they were willing to expend.
I believe you should go ahead and ask your legal advisors how much risk are they willing to take on your small enterprise and how open they are giving you a more flexible payment plan when you need it most: In the first year of your company.
You might be pleasantly surprised.
OlenderFeldman is in no way affiliated with MindPillar LLC as of this posting. They are not a service provider or client as of this posting.