A Founder’s Toolkit: From Legal Support to Strategic Partnership – The Art of Choosing a Startup Attorney

So, let’s dive deep into the role and importance of the right legal partner, and illuminate the often undervalued aspects of this critical decision.

Understanding the Legal Partner Role

Often, startups perceive the role of an attorney as limited to legal firefighting or transactional necessities. In reality, the scope is, and should be, far broader. A proficient attorney provides strategic legal and business advice, aids in navigating regulatory frameworks, and can be instrumental in negotiations during fundraising, partnerships and exits. They can also provide crucial support in areas like intellectual property protection, contracts and compliance.

Venture Law: Not a One-Size-Fits-All Game

In the whirlwind dynamics of the startup world, the right attorney must wear many hats. Their role is not merely to provide legal advice, but often, to act as a de facto first general counsel for your startup. This involves adopting a ‘jack-of-all-trades’ mentality, stretching across domains of law and immersing themselves in your startup’s culture and mission. Their expertise goes beyond transactional legal matters to a strategic understanding of various legal fields, akin to a full-fledged in-house counsel. This holistic view allows them to provide proactive advice and manage the legal affairs of the startup, protecting its interests and supporting its growth from the get-go.

Considering the Compatibility Factor

The relationship between a startup and its attorney is not simply transactional; it is a partnership. A suitable attorney should be someone with whom the startup team can develop a trust-based relationship. This trust is not merely about competence but also about the attorney’s responsiveness, communication style and commitment. The right attorney is one who is willing to invest time in understanding your business, vision and values rather than just considering you as another case file.

Evaluating Resources and Network

In the dynamic startup landscape, having an attorney with a network can be a game-changer. A well-connected attorney can open doors to potential investors, introduce you to influential figures in your industry or recommend other professionals, including accountants or consultants. Additionally, law firms with a broad range of resources can be advantageous, providing a one-stop solution to varied legal needs.

Proactivity and Foresight

In the world of startups, reacting to legal issues as they arise is not sufficient; anticipating them is crucial. A competent startup attorney does not just solve your problems — they help you prevent them. They should possess the ability to foresee potential legal issues that could arise as your business grows and evolves and guide you on steps to mitigate such risks.

Checking References

Choosing an attorney is a decision that should not be taken lightly. Therefore, it is prudent to conduct a thorough due diligence process. This includes speaking to other startups the attorney has worked with and even other professionals in the ecosystem. These reference checks can provide insights into the attorney’s competence, reliability and overall approach, thereby aiding an informed decision.

Conclusion: A Strategic Choice

Choosing the right startup attorney is a strategic decision, not just an administrative task. The ideal attorney for your startup is one who understands your industry, growth stage and vision, and can guide you effectively through your legal journey. They are a strategic partner, a problem solver, a risk mitigator and an invaluable ally. Investing time and effort in this choice is a sound strategic move. The relationship you build with your attorney can help shape the trajectory of your startup.

Your Journey, Our Expertise

At Klehr Harrison, we pride ourselves on being more than just attorneys; we are strategic partners, ready to guide and support startups through every phase of their entrepreneurial journey. With deep expertise, a proactive approach and a robust network, we are positioned to provide comprehensive legal and strategic counsel. If you are embarking on the startup journey, we invite you to reach out. Let’s explore together how our team can contribute to your success story. Your journey is unique, and we believe we could be the perfect fit for your needs.

Author Jason Acevedo is a partner in the Venture Capital & Emerging Growth practice group in the Corporate and Securities Department at Klehr Harrison.

Learn more about our Kickoff with Klehr client offering for new startups.