We’re nearing 1,000 submissions from startup founders and leaders in Silicon Valley and across the world about the best early-stage tech lawyers to work with. As we’ve sorted through survey responses and begun scheduling interviews with the first qualified nominees, we’ve gotten a bunch of questions. We love questions.

First of all, why are we creating a living list of great tech startup lawyers? Lawyers don’t create startups, but they can help great startups succeed. They can also kill promising ventures before they have time to get off the ground. Who you use as your lawyer matters, and yet, there are no great resources to help early-stage founders navigate this decision.

Need more detail before you take the survey? Read on.

A living list

We are not making a listicle or an occasional ranking like what you might see on other news sites or legal review services. Instead, we are making a living body of knowledge about service providers by and for people who are building companies. This survey will be staying open indefinitely and we’ll be updating our findings whenever we have enough feedback from our community about an individual lawyer. Ultimately, we will add as many lawyers as there are lawyers in the world who qualify.

We are just beginning what will be a continuous process. Each additional recommendation will help you know more about who to hire to help you with your work.

Early-stage focus

We are interested in featuring lawyers who are today heavily focused on early-stage technology startups. We realize that “early-stage” can mean multiple funding rounds and many, many millions of dollars, so we are not drawing hard boundaries. As a rule of thumb, think of startups in the process of finding product-market fit and/or a scalable business model, and are maybe even in the early stages of growth.

We realize that attorneys who have succeeded with early-stage companies over the years will themselves often move into later-stage legal work. We’re happy to hear about these folks — particularly what they have done for a company in key early moments — but we know they’re often busy and will take on few if any young companies today.

We’re happy to feature them when relevant, but we’ll also note that if you’re looking for the overall top technology lawyers in Silicon Valley or elsewhere, you should really be checking out Chambers and Partners, Martindale-Hubbell, Super Lawyers, The American Lawyer, National Law Journal and the numerous other established sources for lawyer rankings.

Tech focus

“Tech” has been heavily abused by marketers in recent years. If you’re leaving a review as a founder, but you’re not clearly building some sort of meaningful technology yourself, we will likely discard your recommendation. There are plenty of great lawyers out there who can assist with starting a business, who are not going to be familiar with the myriad challenges that a startup faces when it attempts meaningful technology innovation.

Global breadth

We’re open to submissions about lawyers working anywhere in the world. As the tech industry has gone global, locally focused attorneys have helped nurture their startup hubs and develop new crops of successful companies. Based on our survey results so far, we’re going to be featuring a geographically broad range of people to help the next generation of entrepreneurs get the best support from people who understand their surroundings.

Online legal services

While traditional law firms continue to be the preferred route for many founders, especially when they scale into the later stages of company-building, we’ve gotten a number of strong recommendations about attorneys working through software-enabled services. We see this as an important part of the future of the industry — if you’ve had a great experience, let us know about both the lawyer and the product they’re working within.

Attorneys who haven’t made partner (yet)

While submissions to date tend to focus on lawyers who have already made partner at larger firms, or have founded their own established operations, we have also gotten glowing recommendations about folks who are earlier in their careers. Like companies themselves, the top lawyers of tomorrow are working hard to get there today — so we very much want to hear about them now. Maybe we can even help them get to the top faster?

Remember, we invite any lawyer who is actively working with early-stage technology companies anywhere in the world to share this survey with their clients.

Now go take the survey if you haven’t already.

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You will never know as much as your lawyers do about the legal services they provide to you. It is a classic asymmetry of information, where the party that knows less gets the worse deal. In this case, that is you, the startup founder.

As an attorney and a co-founder of a venture-backed startup that made it over the finish line, I have been on both sides of the table. Through that experience, I’ve adopted an approach for managing legal spend which you can use to help ensure that you get the most from the money you put toward legal fees.

Have you had a great experience with a startup lawyer? Tell us in this brief survey.

Overview of Common Fee Structures

There are really only three legal fee structures: flat, hourly and contingency. In addition to these, attorneys may charge differently for consultations (free vs. paid), may or may not require a retainer to be paid before starting work, and perhaps will entertain certain forms of deferred compensation, such as delayed payment or equity in lieu of cash (though most will not, knowing that odds are well stacked against your startup).

Flat fees. Always good for self-contained, relatively routine legal tasks, such as business formation and subsequent stock issuance, standard IP assignments, employee handbooks, employee compensation plans, trademarks, etc. In the ideal case, you are paying your lawyer to do something they have done a hundred times before, with only minor tweaks along the way – it is predictable work that comes at a predictable price. Recent changes to the California Rules of Professional Conduct (effective 11/1/2018) have provided further guidance to lawyers and clients concerning flat fee structures, making them relatively more transparent in theory, if not in practice.

The key question for flat fees, of course, is how much should your particular matter cost? The most accurate answer here, unsurprisingly, is that “it depends” – on the experience of the attorney, on the particular legal task at hand, on your unique business circumstances, etc. While the typical business incorporation might be $2,000 all-in, a seed financing (assuming common forms are used) could be anywhere between $5,000 and $20,000).

What are the exact flat fees you should pay? We’ll have more on that soon.

Hourly fees. This is the preferred method of billing for most attorneys, not necessarily because it results in more total fees, but because the lawyer has at least some assurance she will not end up working “for free” when the client inevitably has additional questions, makes unexpected changes, or requires counsel on ancillary topics. The particular hourly rate you pay depends primarily on the experience of the attorney, usually measured in years (the absolute minimum I would suggest you consider is three years), with most solo practitioners charging somewhere between $175 to $300 per hour, boutique firms charging between $300 and $500 per hour, and large firms charging anywhere between $400 (junior associates) to $950 (experienced partners) per hour — though everything in Manhattan is more expensive.

Contingency fees. While conceptually intriguing to some, contingency fees (usually 30 percent to 40 percent of the amount potentially awarded in a given legal matter, hence the contingency) are not typically relevant for early-stage startups where the goal is generally to avoid litigation. For that reason, I will focus mostly on flat versus hourly fees.

Finally, when it comes to retainer fees, it is helpful to know that lawyers must follow strict trust accounting practices (see Rules of Professional Conduct 4-100; and also Rule 4-200 for attorney fees in general). You can even reference these rules if you ever find yourself in a fee dispute. Remember, too, that government administrative or filing fees (e.g. the cost of filing for a trademark) are always distinct from the fees paid to compensate your lawyer and therefore should be itemized separately on any billing statement you receive.

How to Keep the Fees Down

Given that background, there are a number of things you can do to help keep your lawyer fees in check:

1. Hire lawyers who have experience with the particular task you are asking them to perform. Most lawyers have a specialty of some sort (however broadly defined) in which they are most adept and therefore efficient. The last thing you want to do is pay a lawyer to educate themselves in a new practice area. Lawyers will generally list their core practice areas on their website, and it is in these areas they are most likely to be proficient. It would be a mistake in my opinion to hire a lawyer to do any work outside the explicitly enumerated practice areas shown on their website. If you are considering hiring a true business generalist, then at least try to get a sense for the practice areas in which he or she most often provides counsel and be sure there is significant overlap with your needs, including experience working with startups specifically; also, consider ratcheting up the required minimum level of experience to at least 7-10 years.

2. Educate yourself and then let your lawyer know you understand the basics. Today there are numerous high-quality, free templates and other resources available for the most common legal tasks facing startups (see links below). If you need new Terms of Service, for example, carefully read one of the many templates available, insert comments where you see fit, and pass on this marvelous example of intellectual aspiration to your attorney for final drafting. This will let the attorney know you have a basic understanding of what the assignment entails and at the very least reduce perceived asymmetries of information, improving your relative bargaining position.

a. Startup documents: Docracy, Upcounsel, Cooley Go.
b. Financing documents – Y Combinator, NVCA, SeriesSeed.

3. Ask to be notified when a certain dollar amount has been billed, or to receive an informal billing update at the end of each week (even if the billing is not strictly itemized). When subject to hourly billing, it is always a good idea to stay informed of where exactly you stand. While providing detailed off-cycle billing can be a burden for lawyers, providing an informal billing update to a client generally is not and most attorneys will oblige. Also, it never hurts to ask your lawyer for time/cost estimates before starting an assignment — here again you can request the attorney notify you when they surpass their estimate; if only subconsciously, you have anchored the amount the attorney believes is appropriate to bill on the matter, which can provide you leverage on future assignments if they ultimately exceed that amount.

4. Ask for an “emerging company” discount. Most lawyers who work with startups are willing to provide discounts to smaller companies: in the case of large firms, to attract the most well-funded startups; and in the case of smaller firms or solo practitioners, to better serve their primary client type — small, undercapitalized enterprises. Remember, too, most solo practitioners are themselves entrepreneurs who have taken the risk of launching their own businesses (albeit a law firm) so they can be surprisingly sympathetic to other founders in the same situation.

5. Consider deferred fee structures. Deferred fee structures generally involve payment in something other than cash, or payment at a time in the future; there are two primary types: (a) payment of fees delayed until close of pending investment; and (b) equity (or other consideration) offered in lieu of cash. I once heard of an attorney who accepted a vintage Martin acoustic guitar as full payment for fees in the high four-figure range. Although I would very carefully consider any deferred fee structures — because they can create a misalignment of incentives (or worse, an outright conflict of interest) — they can in certain situations be a workable choice for cash-strapped startups and risk-tolerant attorneys.

6. Get clarity on costs, expenses, billing rates for administrative assistants, paralegals, etc. One advantage to working with firms who staff assistants, paralegals, junior and senior associates — all of whom support the partners of a firm — is that billable rates generally range from lowest to highest, respectively. Whenever possible, you can request that paralegals and junior associates do the most routine (yet time-consuming) work, leaving critical negotiations to the partners and high-level drafting to senior associates. Finally, make sure you understand in advance what costs and expenses the firm will pass on to you (e.g. photocopying, postage, couriers, travel) and whenever possible, ask if these costs can be waived or reduced.

Follow these tips from the outset and with some experience, you can be sure that you will efficiently allocate resources against your legal service needs.

On that note, have you already had a great experience with a startup lawyer? TechCrunch is looking for the ones founders love to work with the most. Fill out this quick survey to tell us about your experiences and we’ll share the results with you.

Daniel T. McKenzie, Esq., manages the Law Offices of Daniel McKenzie, specializing in the representation of startups and startup founders. Prior to establishing his law offices, Daniel McKenzie co-founded and served as lead in-house counsel for Reelio, Inc., backed by eVentures, and acquired in 2018 by Fullscreen (a subsidiary Otter Media and AT&T).

DISCLAIMER: This post discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. TechCrunch, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.

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