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Lawyers or Insurance Salesmen.html
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Lawyers or Insurance Salesmen.html
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<p>
At some point when you have a startup, probably when raising money, you’ll
HAVE to get a corporate lawyer. Most are hideously expensive and
infuriating. A few tips:
</p>
<ul>
<li>
<p>
Don’t just go with the lawyer that the VCs
<strong>insist</strong> upon. These lawyers will work with the VC on a
hundred financings and with you on only one. Where do you think their
loyalties lie? Get your own lawyer, and don’t budge.
</p>
</li>
<li>
<p>
Watch out for the bait-and-switch – this is when you interview the
gregarious, smart senior partner, who then swaps in the less popular,
less experienced partner once you’ve signed them up. And the new
person might be cheaper, but not much cheaper.
</p>
</li>
<li>
<p>
Put them on fixed-fee per job, especially for closing a financing, and
especially for lawyers for the other side (one of the old great VC
tricks is that startups pay for the VC’s attorneys in closings! A
ridiculous practice justified as being “standard”)
</p>
</li>
<li>
<p>
If you have issues with the bill, resolve
<strong>before</strong> paying. Possession is 9/10ths…
</p>
</li>
<li>
<p>
Make your lawyers do the heavy lifting of drafting the financing docs.
The drafting side wins all of the small points, by default
</p>
</li>
<li>
<p>
Finally, good lawyers are advisors who weight pros and cons when
giving advice that has a financial impact (which almost all of it
does). Bad lawyers are whimpering insurance salesmen – and will
encourage you to spend yourself to ruin by covering against every
possible risk. Risks can and should be
<a
href="http://startupboy.squarespace.com/journal/2005/11/29/unquantifiable-risk.html"
>quantified</a
>
whenever possible.
</p>
</li>
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