When do we need a lawyer?

質問

Besides incorporation and all the standard consulting and documentation work that goes with it, when will we as a tech startup need a lawyer? I understand that the moment there is a lawsuit in the room consulting a lawyer will obviously become necessary. But what are other typical issues in a running startup company where we should get legal advice or where startups regularly fail to consult with a lawyer even though they should?

回答: 2 公開 & 1 非公開

25da12c4d3
弁理士

Aside from corporate and transactional issues, it is prudent to consult an attorney to evaluate and secure IP assets. Indeed, a tech startup relegating 5% of its budget to legal matters is not unheard-of.

In my experience, the situations which tend to "blow up" most often involve branding (mis)decisions and failing to properly memorialize and define working relationships among founders and those employees/contractors the company engages.

Most legal efforts are prophylactic in nature. You have waited far too long to speak with an attorney if you only do so when it's time to litigate.

F85b850086
弁護士

I generally agree with the posted answer, and would add the following: I've worked with a few start-ups, and the most obvious issues you'd be well advised consulting with an attorney is the creation of your basic building block of commercial agreements/forms/ the privacy policy and the terms of service and certainly on the HR/employment issues so that these don't blow up in your face. In addition, depending on the space you're in (let's say - consumer), you need to understand the privacy and data security ramifications of any marketing you're doing to your targeted end user group in a way that complies with the FCC and local state regulations. Understandably, hiring an outside counsel with a $500-800/hourly rate may be prohibitive to early-stage start-ups for work that does not require specialized expertise. You may want to consider hiring a consulting attorney who has experience of working in-house and can deliver generalist services in an efficient manner and on a fixed fee arrangement.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)