Fractional Chief Legal Officer Services

A Fractional Chief Legal Officer (FCLO) is an experienced lawyer who provides project-based or part- time legal counsel and guidance to individuals, businesses, and startups typically on a contract or as- needed basis. An FCLO can help businesses navigate legal issues, manage risk, and ensure compliance with laws and regulations without the need or expense of a full-time in-house counsel or a traditional law firm.

In-house counsel is a full-time attorney or team of attorneys, that is employed by a single company. They have no other clients and work solely for the company handling all legal matters for the business. In-House counsel focuses specifically on your business and its varied needs. That allows them to hyper- focus on the immediate issues you face but leaves them lacking in specified or highly particularized legal knowledge or practice skills, often requiring help from outside counsel for any issues that are not strictly internal or within their wheelhouse.

Hiring a full-time in-house lawyer or law firm can be expensive, especially for startups, small, or medium-sized businesses. Additionally, a full-time in-house lawyer does not often engage with external legal issues or non-transactional legal work, meaning that if your business ever did encounter an issue that required this type of work, you’d need to pay for separate counsel in addition to your full-time in- house lawyer. An FCLO can provide the same level of support and expertise at a fraction of the cost. Additionally, an FCLO can be more flexible than a full-time employee, adapting to the needs of your business as they arise. FCLOs bring a wide range of skills and practical experience, meaning that the need for external counsel significantly decreases as well.

In summary

- Avoid employment and overhead expenses traditionally associated with corporate law firms and in- house counsel.
- Tailor made legal solutions for you or your small/medium business or startup.
- Affordable legal services from a licensed attorney who has personal knowledge regarding you, your company, and your market.
- Flexible cost plans including flat rate services, reduced fee plans, and consultations.
- Timely access to an attorney you trust for time-sensitive issues.
- Discounted legal services by the same FCLO for matters outside of your plan.
- An attorney to provide legal advice on business matters as well as specific legal matters, whether transactional or litigation.

- On-demand answers to legal questions
- Contract drafting and negotiation - Employment law and HR issues and compliance
- Compliance with industry-specific regulations and requirements - Outside counsel for litigation needs
- Intellectual property protection and enforcement at every level of the organization
- Risk management and dispute resolution for intra and inter-company mediation and arbitration services and representation.
- Discounted legal assistance for employees in need of personal legal services such as real estate transactions, divorce representation, and will drafting and execution.

When choosing an FCLO, you should look for an individual who has experience in your industry and with the types of legal issues that are relevant to your business. The individual should have good communication skills and the ability to work well with your team and culture. Unlike most attorneys, some of our FCLOs have experience as executives of companies and provide business insight as well as legal advice. Others have experience in marketing and advertising, providing advice on compliance with industry regulations and legal parameters. Overall, you want to find someone whose expertise and experience align with your expectations, and who you and your team can work with on a personal level.

Companies can work with an FCLO by contracting with a service provider. FCLOs typically charge an hourly, flat-fee, or project-based fee for their services. The fee structure is agreed upon in advance and depends on the scope and complexity of the legal work required. Alternatively, companies can hire an FCLO on a part-time basis and limit their weekly or monthly hours depending on their needs. The bottom line is that an FCLO is intended to meet your needs without exceeding your budget and our FCLOs work with you to make that happen.

Businesses in any industry can benefit from working with an FCLO, but new businesses, startups, highly regulated industries, or those with complex needs may see the most benefit. Industries that require professional licensing for employees and managers would also benefit from an FCLO to help ensure compliance with local, state, and federal requirements.

Utilizing an FCLO is not always intended to replace or negate the need for full-time in-house legal counsel. Our FCLOs also specialize in assisting present counsel with highly sensitive and/or deeply complex legal issues that arise in the course of running a business. For example, many in-house attorneys are not well-versed in Mergers and Acquisitions, a gap in knowledge and practical experience an FCLO can fill. Additionally, FCLOs can be utilized on-demand for one-off legal questions that your current in-house counsel needs additional guidance on.

Frankly, no. Our FCLOs have worked in a variety of industries at many different levels and bring unique perspectives to the legal situations they handle. Where one FCLO may not have the answer, another will, and if our FCLOs can’t provide you with an answer or service you need, we know attorneys who can and will facilitate whatever is needed to expeditiously provide that information to you.

Our Fractional Chief Legal Officers work hard to make sure that no matter your need, they provide valuable legal insight and assistance. However, sometimes personalities and work styles simply don’t work well together and that’s perfectly ok. Any time you feel the need to swap your present FCLO for another one, we not only help direct you to the FCLO in our organization best suited to your needs and work style but also help facilitate the transition for as seamless an experience as possible. Additionally, the replaced FCLO remains available to answer non-substantive questions for up to 30 days after transitioning away from your business.

Due to the nature of legal work in general, refunds are approved differently in different situations. For flat fee matters, refunds will not be granted where the FCLO has fulfilled a majority of their obligations or undertaken steps to advance your case. Hourly matters are billed against a retainer funded prior to beginning work. There, if the matter is resolved and a balance remains in the retainer, it is refunded without delay. Refunds on other payment structures are evaluated on a case-by-case basis.

The short answer is yes, but with some limitations. An FCLO can provide legal assistance to companies based out of states other than New York or New Jersey as long as certain conditions are met. The FCLO you choose must be admitted pro hac vice to the relevant state and may only assist on limited litigation matters. Transactional matters that do not constitute legal advice are not an issue, but it’s still a tricky situation and will require an extended consultation to determine whether our FCLO service can lawfully provide the services your business needs.

Each FCLO makes the determination of whether their schedule allows for in-person work themselves. Some of our FCLOs are more flexible than others and their profiles will indicate whether they are available for on-site assistance and, if so, which locations they can service. As with everything, the best way to find out the answer to this question is to ask the FCLO you want to work with. They are always willing to discuss your options and help develop a solution that works for you and your business needs.