How to Work with Your Attorney

I’ve heard a lot of passing comments from startup founders to the tune of: “It was a learning process figuring out how to work with an attorney. It was a lot more different than I expected.” When I probed into exactly how it was different, it was mostly down to communications and setting expectations. And it makes sense, as founders’ and attorneys’ workflows and objectives are so different. Here, I’ll discuss a few tips I’ve given founders over the years on how to build great relationships with their attorneys, which will help them issue-spot when they need to speak to one, and how to manage their working dynamic. 

Know What You Need

This can be a little tricky for non-attorneys. You’ll need to know when to speak to an attorney, and which area of specialty they work in. I’ve written an article here discussing the most common scenarios where founders should speak to an attorney in a particular practice area. You can also ask attorneys during your consultation what common scenarios they recommend you reach out to them, or when to reach out to attorneys in other specialty areas. Another way to ask is: "When should I call you?"

What to Ask

You’ve found an attorney who specializes in the area you need and are ready to speak to them. Ideally, you’ve requested an initial meeting with a couple attorneys in the area you’re researching so you can compare and decide which person and law firm is best for your needs and approach to running a company. 

What should you ask? Here’s a few questions to go over: 

• Do you provide a complimentary consultation? Every attorney should provide a 15-30 min complimentary consultation to give both sides a chance to assess each other for fit, such as whether the attorney has experience in your problem area, and whether your personalities mesh. 
• How do you charge? Most attorneys bill by the hour, but many also offer flat fee (per project), monthly subscription, and so on. Flat fees are ideal for clients to help them budget, but often hard for attorneys to offer, since it’s difficult to know at the outset how complex a problem is without having more info. For firms charging hourly, ask for an hours estimate. If it’s more than your budget, see if they can work with the budget you have. A subscription is more cost-effective if you’ll need ongoing help from your attorney over a period of months. They often make sense for corporate and commercial attorneys, whose ongoing support is needed as the company grows.
• Do you charge a retainer? Some firms charge a retainer up front, while some bill in arrears. Others do a combination of the two. 
• What’s your current turnaround time? Some times of year are busier for others, and turnaround times can also vary with how busy the firm is generally. It’s good to know in the beginning what their expected turnaround time is and if that works for your business needs. This includes time to respond to emails/set up meetings, and for sending over work product.
• How much experience do you have working in my industry, with my specific needs? Some firms specialize in particular industries, many work across industries, and some focus on specific legal areas. It’s helpful to understand in the beginning the level of experience the attorneys have and whether that’s in sync with your expectations. 

Engagement Letter

After you’ve decided which firm and person to go with, it’s time to ask for an engagement letter. The engagement letter will describe what services are being offered, the billing model (hourly, flat fee, etc.), how the firm receives payment, whether a retainer is required and how much, and how to handle disagreements clients may have with their attorneys. Read over the engagement letter carefully and ask your attorney questions if you have them! 

Next Steps

After the engagement letter is signed, ask what the next steps are. Often, clients will be asked to fill out a client questionnaire so the firm has some more context and info on the company, and if the firm charges a retainer, you’ll be invoiced after signature. Other than that, it’s time to get working! Schedule a meeting with your attorney to go over your situation in more detail and ask what documents they need. Request an estimate on how many hours/how much the entire project will cost, knowing that a general estimate is sometimes all they can give you, and ask for a turnaround time on your specific project. Best of luck!

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