San Jose Attorney Providing Legal Outside Counsel for Business Contracts and Negotiations
Richard G. Burt, attorney and counselor at law, offers outside general counsel services to start-up businesses and ongoing enterprises. The benefit to a company of having an outside San Jose general counsel is that its lawyer becomes familiar with its business over a period of time as a result of repeated interactions. To learn more about a client’s business, Mr. Burt is willing to meet with clients at their place of business. By knowing the client’s needs and the particulars of the business, a lawyer can provide better legal services than would otherwise be the case.
Having outside counsel offers greater flexibility and protection to your business. You can use legal services as little or frequently as you need with no monthly retainer or minimum service required. This gives you the benefit of having in-house counsel without having to incur the significant payroll costs associated with this option. In today’s business environment, it gets harder and harder to have the confidence that your business is complying with all its obligations and that your business is not unwittingly incurring obligations that it would not have experienced had you known that such obligations were being incurred.
Having an established relationship with San Jose counsel enables you to pick up the phone or to send an email and get a quick response without having to search for a lawyer. There are many occasions where a client has entered into a transaction or relationship that proved costly (or even disastrous), and a five-minute conversation with counsel beforehand would have avoided grief and expense. Furthermore, outside San Jose general counsel can at times anticipate the client’s legal needs and help the client avoid a legal problem that is expensive (or impossible) to correct.
Some of the services Mr. Burt commonly provides to clients are a review of the standard form of agreement used by the business with its customers, distributors, or suppliers, drafting contracts, including, employment agreements, confidentiality or proprietary information agreements (also knowns as NDA’s), and buy-sell agreements, advice to the board of directors or managers, preparation of minutes of the board and of shareholders, and negotiating and drafting merger and acquisition agreements.
These services help identify the business’s interests and protect them. Having solid agreements in place with third parties protects the business from unfounded claims and gives the business the power to enforce terms against a non-performing party. If the business has a dispute with a third party and must go to court to enforce its rights, the court will rely almost exclusively on the language in the contract. Mr. Burt is an experienced and skilled drafter of contracts.
Mr. Burt also helps clients resolve disputes before they turn into lawsuits. He can explain the potential consequences of a lawsuit that the business owner may not have considered, such as negative publicity, the cost of a lost relationship, or inflated legal costs. He can recommend alternatives, including mediation, arbitration, negotiation, restructuring a contract, or other innovative solutions that advance the best interests of the business.
One important service Mr. Burt provides is assisting his clients in hiring other lawyers who are specialists. Unlike so-called “full service” law firms, where each lawyer is required to refer a client to another lawyer in that firm (whether or not that lawyer would be the best choice), Mr. Burt is free to help his clients find the lawyer best suited to the client’s needs. In the unfortunate event that a client needs to institute or defend litigation, Mr. Burt can help a client hire and manage the litigators. All too often, money is poorly spent in litigation and left to their own devices without oversight, litigators can run up unnecessary fees. The cost of litigation is too detrimental to a business to leave the management of it to the litigators!
Contact us today about Mr. Burt serving as outside San Jose general counsel for your business entity. You will incur no payroll costs for maintaining an in-house lawyer, and it is not necessary that there be a monthly retainer or minimum fee for this service. Call (408) 286-7333 and ask to speak to Janet to get more information to determine whether to hire Mr. Burt, or you can set up a fixed-fee engagement to discuss your particular circumstances. You can also send an email using the form on the contact page.