Outside General Counsel
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No matter what industry or geographic region your company serves, there are specific laws and rules that you must follow. This need usually prompts business owners to consider hiring legal representation but often find that they cannot afford the costs associated with in-house counsel. Outside general counsel is a perfect balance, even if you already have in-house counsel, due to this arrangement’s flexible and cost-effective nature.
The article below covers everything that a start-up or business owner should know about hiring outside general counsel:
What Is Outside General Counsel?
Outside general counsel is a cost-effective way for medium and small businesses to retain the services of a lawyer or law firm. You generally hire outside general counsel as an independent contractor to work alone or with your in-house counsel. They have the capacity to handle matters, such as drafting and reviewing contracts, going to civil court, or offering ad-hoc legal advice.
You can hire outside general counsel to advise you in the following areas of law:
- Commercial real estate
- Contracts & transactions
- Corporate governance
- Employment law
- Finance
- Mergers & acquisitions
- Technology
Lawyers or law firms that provide outside general counsel services come in a variety of sizes and specializations. They usually work on flat fees, subscription payments, and traditional hourly billing. Law firms that offer these services will transparently share their billing requirements and practices with you before retention.
What is an Outside General Counsel’s Role?
Outside general counsel’s role is to offer business law services to start-ups and companies. They work externally as independent contractors, which means that your company doesn’t have to afford the standard accouterments of working with private employees. Law firms that offer outside general counsel services are often prepared to customize their approach to your company’s unique needs.
Your outside general counsel team can fulfill the following roles:
- Managing legal drafting, contract negotiation , and contract review efforts
- Spotting breach of contract issues internally and externally
- Providing ongoing legal advice on routine matters
- Handling the delegation of incoming legal matters
- Working with specialists and experts to achieve desired results
- Coordinating with your in-house team to navigate various legal issues
- Engaging in risk management services to mitigate financial exposure
- Directing efforts related to internal matters, like board meetings and disputes
- Representing the company in transactions, negotiations, and litigation
- Advising on employee-related issues
- Training employees and executives on business-related matters
- Drafting the documents necessary for business formations
Your outside general counsel will need to possess the same abilities, qualifications, and skills as in-house general counsel. This requirement means that they must have a valid law degree and licensure through the local bar association. What makes outside general counsel’s different is that they serve multiple customers versus working privately in-house.
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Benefits of Having Outside General Counsel
Companies of all sizes face legal issues regularly. Outside general counsel’s most significant benefit is providing ongoing legal advice and advisement on various matters, from regulatory issues to compliance.
Here are four benefits of hiring outside general counsel:
Benefit #1. Finances
Hiring outside general counsel is a cost-effective method of legal representation. Instead of keeping an in-house team on-staff, you can work with outside general counsel as needed. There’s no need to pay them benefits, bonuses, or make space at your office.
Benefit #2. Geographic Diversity
Many start-ups require the help of outside general counsel to transcend country and state lines. Breaking into new markets may require a full review of the rules and regulations that apply. Your outside general counsel can help you navigate these murky waters while helping you avoid legal mistakes.
Benefit #3. Specialization Access
It is beneficial to have outside general counsel based on their access to specialized people and experts. Outside general counsel can help connect with others. Instead of costs acting as a deterrent, the flexible nature of outside counsel can make it a possibility.
Benefit #4. Efficacy
Large companies will benefit from using outside general counsel for routine matters. They use in-house counsel to manage the overarching legal strategy and vision. In contrast, outside counsel handles the ad-hoc assignments. Small companies enjoy these advantages similarly since they can work with a solo practitioner on an as-needed basis.
Difference Between Corporate Counsel and General Counsel
There’s no difference between corporate counsel and general counsel. You can use the terms interchangeably. However, it’s better to use corporate counsel when referring to a corporation.
Can You Be Outside General Counsel to More Than One Company?
Yes, you can be outside general counsel to more than one company. However, the representing firm must ensure that no conflicts of interest exist with their current clients. More prominent law firms utilize conflict of interest software to ensure that your representation is ethical and fair.
When Should a Company Hire Outside General Counsel?
A company should hire general counsel as they begin experiencing significant growth. Usually, these benchmarks manifest in better infrastructure, a growing executive team, and raising capital. Even for the in-between phases of a company lifecycle, outside general counsel can become an invaluable resource that you can lean on as uncertainty arises.
1. When You’re Growing
Outside general counsel’s job is to assist you in growing and, hopefully, lowering expenses. As such, they’ll concentrate on contract and daily risk management, as well as acting as a consultant. They’ll review your company from a big picture perspective, keep you out of trouble, and look for opportunities to grow your organization.
2. When You’re In Trouble
If your company does find itself in hot water, outside general counsel can and will intervene on your behalf. Some matters are best handled by a business lawyer who has a strong command of legal knowledge and a deep bench of experience. They will make the dispute resolution and litigation process more streamlined while representing you as issues arise.
3. When You Need Legal Advice
Sometimes a business owner just has legal questions in general. Wouldn’t it be ideal to have someone on retainer that you could just call or email to answer them as needed? Outside general counsel is like having a legal doctor that can diagnose, analyze, and process your situation while applying relevant laws to it.
4. When Your In-House Team Needs Support
Outsourced general counsel and in-house teams can work together. Instead of bringing on another lawyer, you can support your existing team with outside general counsel. They can perform routine matters and take on transactional work that tends to bog down your in-house counsel while freeing them up for more pressing issues.
5. When the Benefit Outweighs the Cost
Standing on the losing side of a civil lawsuit is often more expensive than hiring a law firm in the first place. It’s not a drain on your financial resources if the costs outweigh the benefit. The firm you select should act as a transparent partnership that seeks to achieve positive outcomes for you and your team while not being afraid to offer a tough or unpopular opinion.
Hiring Outside General Counsel
If you want to hire outside general counsel, speak with business lawyers. They can offer you an initial consultation to learn more about how they can customize their services to fit your needs. Hiring outside general counsel is a wise approach if you need ongoing legal advice without a significant financial commitment.
Post a project in ContractsCounsel’s marketplace to get quotes for outside general counsel services. ContractsCounsel is a leading legal marketplace with vetted lawyers ready to help your business.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Meet some of our Outside General Counsel Lawyers
Linda M.
I am a seasoned corporate transactional attorney with over 20 years of combined outside and inside General Counsel experience. My experience includes helping companies of all sizes, including start-ups with general corporate matters and commercial transactions.
"Linda did a great job! She was very prompt with responses, Kind, informative and was true to her word on budget and time of completion. Definitely will use her again."
Keidi C.
Keidi S. Carrington brings a wealth of legal knowledge and business experience in the financial services area with a particular focus on investment management. She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. Ms. Carrington is a graduate of Johns Hopkins University with a B.A. in International Relations. She earned her Juris Doctorate from New England Law | Boston and her LL.M. in Banking and Financial Law from Boston University School of Law. She is admitted to practice in Massachusetts and New York. Currently, her practice focuses on assisting investors, start-ups, small and mid-size businesses with their legal needs in the areas of corporate and securities law.
"Received very meaningful advice and I hope to work with you in the future."
Michael O.
A corporate and commercial litigation attorney with transactional and civil litigation experience including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions, general counsel services, real estate litigation, partnership, joint venture and contract disputes. Additional background skills and experience include investment banking, financial analysis, and management consulting. Sectors covered include technology, media, healthcare, franchises, small to medium enterprises, investment funds, and international business.
"He was amazing! He protected me from fraud and I will most definitely continue my business with him… Thank you Michael!"
Daliah S.
Daliah Saper operates a cutting-edge internet and social media law practice that regularly leads local and national media outlets to solicit her commentary on emerging internet law issues involving cyberbullying, sexting, catfishing, revenge porn, anonymous online defamation, domain name and user-name squatting, privacy, and the latest business decisions made by social media platforms such as Facebook, Twitter and YouTube. As a litigator Daliah represents companies bringing or defending business and intellectual property disputes. (She has argued cases in a number of jurisdictions including taking a case all the way to the Illinois Supreme Court.) As a transactional lawyer she helps clients choose the right business entity, drafts contracts and licensing agreements, advises on sweepstakes and contest rules, and ensures website terms of use and privacy policies are compliant, and provides comprehensive trademark and copyright counseling. Since founding Saper Law Offices in 2005, Daliah has been named a 40 Under 40 by Law Bulletin Publishing Co., a top Media & Advertising attorney by Super Lawyers Magazine 14 years in a row, and has been repeatedly recognized as a leading media and entertainment lawyer by Chambers and Partners. For the past eleven years, she also has taught entertainment and social media law at Loyola University Chicago School of Law.
"Excellent! I couldn't be more satisfied with their professionalism and prompt service."
Namrita N.
Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.
"Dr Notani is a top lawyer. We very much appreciate her attentiveness and expertise."
T. Phillip B.
Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth.
"Very knowledgeable, helpful and responsive, does comprehensive work on short notice. I would recommend and work with again."
Jim S.
Jim Slattery most recently served as General Counsel at Regional News Network, a large owner of broadcast television stations. Jim is an experienced attorney with broad-based expertise. He is a seasoned negotiator who has been involved in negotiations as complex as the Olympic Games. Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. Previously, Jim worked in the media industry in various roles at All American Television. Jim’s success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. Jim received a J.D. and a B.B.A. from the University of Notre Dame.
September 19, 2021
Jonathan H.
I’m an attorney focusing my practice on concierge corporate and intellectual property law for startups and high-growth companies. I also serve as outside General Counsel to several businesses in various sectors. Since founding my practice I've worked with hundreds of clients across a variety of industries. My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively.
August 18, 2021
George F.
The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. With a supreme pledge of exceptional service to its clients in the areas of Real Estate (Commercial & Residential), Loan Modifications, Intellectual Property, Corporate Law & Business Transactions, Wills, Trusts & Estates, the Law Office of George K. Fuiaxis creates solutions for the many faceted problems faced by its clients. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies.
August 22, 2021
Chris J.
I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.
August 23, 2021
Gregory W.
Strategic thinking business minded Outside General Counsel here to help you with your company. I have been able to help guide business owners from startup through series A, B, & C funding and ultimately IPO's. Regardless of your plans I am here to help you succeed as you grow your business.
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