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.
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.
How To Get Quotes For Outside General Counsel
Meet some of our Outside General Counsel Lawyers
Robert A.
Robert A.
Robert McMillan Arthur is a collaborative attorney and mediator practicing across Wisconsin, with offices in the Metro Milwaukee area and Northeastern Wisconsin. He is a general practitioner, concentrating in Small Business Law, Entertainment Law, Intellectual Property Law, Nonprofit Law, Divorce and Family Law. Robert’s business law practice focuses on the needs of small, closely-held businesses and startups. As a veteran of a family owned business, Robert applies his extensive experience to advise his clients in a broad spectrum of legal issues, including contracts, licensing, trademark, copyright, employment, and business formation. With multidisciplinary qualifications and experiences, Robert chose his career in law to help people caught up in difficult situations in their personal or professional lives. His core principle of law practice is based on empowering and informing clients, advocating for their interests when appropriate, and guiding them in difficult problem solving.
"Robert helped us with a contract review and addressed all of our concerns. He gave us a thoughtful analysis of the risks we would be accepting upon execution."
Kevin A.
With nearly 20 years’ experience as a seasoned commercial real estate attorney, I am highly proficient in property acquisitions, financing, sales and transfers (including renewable energy and telecommunications projects), commercial lease agreements (office, industrial, retail, and hospitality), construction and property management contracts, due diligence matters, title and survey analysis, strategic litigation oversight, and corporate and regulatory compliance (operating agreements, bylaws, shareholder agreements, NDAs, and indemnity agreements).
"I hired Kevin to review a business lease and purchase agreement - he was extremely helpful and knowledgeable. 10/10, highly recommend!"
Jon F.
Hello! Interested in transactional and remote work. I primarily do real estate closings in northeast Georgia (I am ONLY LICENSED IN GEORGIA) but can also do other transactional matters from time to time. You have definitely heard of my litigation work -- now I'm happy on the transactional side!
"Jon was very patient and flexible when we decided to change directions. He was very helpful and accommodating."
March 29, 2024
Charles D.
I have practiced civil law for 13 years and have concentrated my practice serving the construction and real estate industries.
April 8, 2024
Steve H.
Steve has 20+ years of IP and litigation experience, including 10+ years of experience at two of the most prestigious large U.S. law firms, Greenberg Traurig LLP, (AMLAW 10) and Sheppard Mullin LLP (AMLAW 100). Steve has been a licensed U.S. Patent and Trademark Office registered attorney and litigator since 2002. Steve’s extensive experience and interpersonal skills have given him the skills that allow him to provide his clients with the very best quality and service. Steve has successfully represented clients achieve their goals in a variety of IP, patent, trademark and trade secret disputes. He has successfully obtained many hundreds, if not over a thousand, valid and enforceable U.S. and international patents and trademarks applications for his clients over the years. As a result, he has strong, longstanding relationships with many of the Examiners at the USPTO and works with an international team of foreign associates to secure foreign rights and litigate abroad whenever needed. Many of Steve’s clients have been a client of Partners Law Group for 5+ years. More than a few have been clients for 15+ years. Steve prides himself on providing accurate results and efficiency-driven advice on complicated IP, litigation, and real estate matters in a clear and concise way; helping his clients make the best decisions possible when dealing with complex and sensitive legal matters. Steve has successfully negotiated hundreds of complicated licensing and pre-litigation IP, patent, trademark, business, real estate cases and matters for various clients large and small. Steve’s IP practice focuses on all aspects of intellectual property and covers various technical disciplines. He has extensive experience in medical devices, pharmaceuticals, internet or business methods and processes, broadband and 5G technologies, data acquisition, migration, monitoring and protection, piracy, nutritional supplements, sports and nutrition products, herbal products, pharmaceuticals, orthodontics, and surgical procedures and devices, health-related products to computer hardware and software, music, and mobile device applications, hardware and software, business methods, industrial machinery, mechanical devices to other technologies he understands and believes he can help the client achieve his or her goals.
April 10, 2024
Gordon F.
30+ Years counseling clients in entertainment, media and the arts and representing them in transactional, structural and strategic matters.
April 17, 2024
Eugene S.
I have experience with the protection and monetization of intellectual property, negotiating license agreements that have earned several hundred thousand dollars in revenue, and I have negotiated multiple multi-million dollar agreements. Additionally, I have worked with various client to incorporate intellectual property strategies into their underlying business plans. I have been working remotely for over seven years and I have a home office dedicated to my work. I am available to travel to clients on an as needed basis. I enjoy working with clients in this manner because the costs are reduced, and I have the freedom to travel to my clients as needed.
April 11, 2024
Kelly C.
Hello! I'm an attorney who practices mainly landlord/tenant law (eviction, both plaintiff and defendant side); and criminal law (misdemeanor). I also work as appearance counsel to fill in at hearing when conflicts arise for other lawyers.
Song L.
In her professional life, Song Lo brings in a depth experience as general counsel to various companies and organizations in business and the real estate arena. Over the last 26 years, she has advised both companies and individuals in the areas of corporate investments, real estate development and contracts across multiple markets.Song has extensive experience in understanding how the law impacts companies wherever they might be in their age and stage. Important to investor and entrepreneur efforts, she has advised in the acquisition and transfer of shareholder stocks and assisted in the restructuring of private companies. Her specific areas of expertise are in corporate organization, mergers and acquisitions, employment, investments and real estate development. Specifically in real estate, Song participated in all aspects of development including pre-development and successfully gaining entitlements necessary for residential, senior housing and commercial projects. She holds experience both as legal counsel and as co-developer of real estate development projects. She was an owner and developer of senior cooperatives in Minnesota, with the LifeStyle Communities Group, promoting innovation and active living for all seniors. And, she brings all of this experience to the table at Raven Enterprise Group and RJP Development to enhance and support its services to consult and develop meaningful real estate development projects.
April 12, 2024
Kenneth f.
Kenneth D. Ferguson is a distinguished attorney who earned his Juris Doctorate from St. Mary’s School of Law in May 2022. During his time at St. Mary’s, Kenneth displayed exceptional dedication and skill in the field of law, culminating in a historic achievement when his team secured victory in the first-ever National Mock Trial Championship for the university. This remarkable feat showcased Kenneth’s innate talent for advocacy and his unwavering commitment to excellence, earning him a well-deserved induction into the prestigious Order of the Barristers organization. Kenneth serves as a respected member of the Board of Directors for the Texas Young Lawyers Association, where he contributes his insights and expertise to the development of the legal community. Additionally, he holds the esteemed title of Fellow of the Texas Bar Foundation, a recognition of his outstanding contributions to the legal profession. Kenneth is also a valued member of the Texas Bar College, demonstrating his commitment to continuous learning and professional growth. Kenneth is licensed to practice law in a multitude of jurisdictions, including all Texas Courts, the U.S. District Court Northern District of Texas, the U.S. District Court Eastern District of Texas, and their respective Bankruptcy Divisions.
April 15, 2024
David S.
An experienced attorney, fully versed in all facets of commercial and developmental real estate, and general corporate practice, including representing all parties in purchasing, asset purchases, leasing and financing transactions. Experienced in the following areas: Real Estate Development/Development Projects • General Contract Drafting and Negotiation • Construction Contracts •Bankruptcy• Corporate Governance • Transactional Real Estate • Real Estate Financing • Litigation Mergers/Acquisitions • Labor and Employment • Management Equipment Leasing • Land Use • Landlord Tenant Matters
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