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Builders Counsel On-the-Go: Monthly Subscription Fees Make “In-House” Counsel Possible

Contractual In-House counsel can help solve your legal problems - affordably

Companies face real problems every day. Builders, contractors, suppliers and equipment agencies each manage risk, contracts, orders, collections and liability on a daily basis, whether they recognize it or not.

Many companies turn their head to glaring issues as a cost-preventative measure. They take on the risk of loss or liability, in exchange for less overhead in investment in an order or project. For most, its simply too costly to be “legal minded” when approaching an order or project.

For other companies, in-house counsel has been the answer. Paying a hefty salary to keep a well-versed construction attorney on hand, day in and day out, helps eliminate risk and add a calming sense of safety to your work and services. But, the costs are prohibitive at times and many companies are left doing a cost-benefit analysis to determine whether or not to keep these attorneys on board.

There has to be an answer, right?

Over the past few years, innovative and thought-provoking attorneys have developed new fee structures to help benefit their clients’ needs. Flat fees provide a menu of costs, enabling clients to select specific services they need completed. But a menu cannot be all-inclusive.

A “subscription fee” is a  better option for construction firms with advisory and transactional dilemmas. A subscription fee structure controls your costs and ensures that you know exactly what you are paying, regardless of the work. Its like having a lawyer at home in your office – no worries about the clock; no more paying for meetings, calls or emails; no more calculated decisions about whether or not to send something to your counsel. Attorneys under this structure work for you, when you want and need it.

The subscription fee structure is best for those contractors, suppliers or leasing agencies who manage many orders and projects, send notices, file liens, and initiate collections. Your “contractual in-house counsel” will handle all of your transactional work load, for the most part without limitation.

Using an attorney or collection/lien service might cost you much more, even though you pay per transaction. For instance, if your company sends out 5 notices, 2 liens, 2 cancellations and 2 collection letter per month, you have paid at least $1,500.00 utilizing the common non-attorney services available on the web. An attorney subscription fee (like the one Reiser Legal LLC provides) begins at $1,000.00, providing you counsel from a construction attorney via phone, e-mail and even in person at your office!

Contractors can take advantage of subscription plans by utilizing your attorney’s knowledge of risk management in drafting or revising your contracts and credit agreements.

You can have your attorney sit in on your important public works bidding meeting. You can discuss the benefits of entering the sustainable construction market. You might want to contact your attorney to obtain a release form for a vendor using your facility. You might also need to have non-compete drawn up to protect your business’ valuable resources. A subscription fee allows you to have the benefits of in-house counsel without the prohibitive costs, payroll obligations, and benefits packages.

Plans such as the one described above will likely limit the work performed to merely that which is transactional and handled prior to, or outside of, litigation or arbitration. But most plans include any contractual or voluntary mediation that your company might stumble upon. Your attorney will work with cost-effective and productive litigation counsel to ensure that your litigation efforts are handled with care.

Subscription fees have become increasingly popular for contractors and other companies. Progressive firms around the country are now implementing the move to this structure.

Attorney Todd Smithline, of Smithline Jah in San Francisco, believes in these fees despite the consequences for attorneys who offer them:

Given the steps [the firm will] go through to set each client’s pricing at the outset, and the flexibility that both sides maintain in the month-to-month arrangement, they don’t worry about clients taking advantage. “What if they stay with us one more month or one more year?” Smithline asks. “What if they refer another client?”

The benefits to the attorney are plentiful, including eliminating in-house task tracking and reducing concern for limiting the scope of  services to meet a client’s budget . Now an attorney can finally give you its all and not be concerned about the costs.

BuildersCounsel.com is published by Reiser Legal, a Seattle firm offering low monthly subscription fees to contractors in Washington and Louisiana. Reiser Legal’s fees begin at $1,000.00. You can contact them today to discuss how they can help your business – efficiently.

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