FLAT FEE BILLING

An essential element of the independent general counsel model is flat fee billing. The fundamental flaw in the billable hour system is that it discourages clients from contacting their attorneys for proactive legal advice. With flat fee billing, you have the freedom to call me, as needed, without worrying about the “meter running.”

I offer two billing options: ­ Monthly Retainer and Per Project Fee.

A fixed monthly retainer, to be agreed on in advance based on your expected needs, for an agreed number of days on your site per month plus unlimited telephone/email consultation with me at my office during business hours regarding the matters within the scope of the retainer. Most importantly, this encourages you to be proactive, to ask about issues before they become problems, and not wait until it’s too late.

The scope of the retainer and the term would all be agreed upon in advance and tailored to meet your needs. If a matter arises which is outside of the agreed upon scope, we will work together to determine whether, to what extent and on what terms you would require additional services.

The scope of a typical retainer would include:

Corporate -- Maintain your organization’s corporate minute books or other organizational records, including preparation of shareholder and director resolutions.

Commercial -- Review, draft, negotiate and advise on contracts and commitments, including: purchase and distribution contracts; leases; finance/security agreements; shareholder, partnership and/or other alliance agreements; software and other intellectual property licensing agreements.

Human Resources -- Draft, review and negotiate employment contracts and provide legal advice, as needed, with respect to terminations, hiring and other employment-related issues.

Intellectual Property -- Provide advice with respect to trademarks, copyright, trade secrets and other intellectual property used, owned or developed (excluding patents), with recommendations for its protection and exploitation.

Dispute Avoidance – Proactive advice on how to avoid disputes and litigation as well as assist in negotiating settlements.

For a fixed fee, confirmed in advance, I will perform specific tasks such as:

Corporate -- Bring all of your corporate minute books or other organizational records up to date, including preparation of all necessary shareholder and director resolutions.

Commercial -- Review your overall business structure from a legal perspective, and provide recommendations; Review your major contracts and other commitments, including: customer and supplier contracts, distribution contracts, leases/offers to lease, financing and security agreements, joint venture, shareholder, partnership and/or other alliance agreements, and provide recommendations, if any; If applicable, recommend other contractual arrangements and draft the documentation required.

Human Resources -- Review your employment contracts and provide recommendations, if any; Review your hiring and employment termination practices, and provide recommendations if needed; Review your business’s employment dispute history and, if necessary, provide proactive recommendations.

Intellectual Property -- Review the intellectual property licensed, owned, or developed in the course of your business (excluding patents), with recommendations for its protection.

Regulatory -- Determine the specific compliance, licensing or permit needs applicable to your business, and advise on compliance measures.

I am available on a part-time or as-needed basis, on site or remotely, to supply all of the services normally provided by in house general counsel for a flat monthly retainer or per-project fee.