[SERVICES]Startups and business

Startup lawyers for founders and growing companies

Business and IP counsel for startups and growing companies, from formation and founder agreements to fundraising and licensing, each piece of work quoted as a flat fee before it begins.

  • Flat fees, quoted before work begins
  • No hourly billing
  • IP and business law in one firm

Registered patent attorneys

  • Andrew RapackeAndrew RapackeElectrical and computer engineering. Former Naval Engineering Officer.
  • Ken BrooksKen BrooksSoftware, AI and machine learning, electrical and mechanical systems.
  • Chris WattChris WattSoftware, AI and machine learning, and MedTech. A full-stack software engineer.

4.7 from 614 public reviews

Meet the team

[04]Startup legal basics

What founders ask a startup lawyer.

Plain answers to the questions founders ask before they hire, from what a startup lawyer does to what it costs. General information, not advice on your company.

What does a startup lawyer do?

A startup lawyer handles the legal work a young company needs to form, grow and raise money, usually across several areas at once. For a technology company, the most valuable part is often the intellectual property, so the work starts with who owns it and how it is protected.

  • Formation and structure. Choosing the entity, filing it and writing the bylaws or operating agreement.
  • Founders and equity. Founder agreements, vesting, equity issuance and advisor agreements.
  • Contracts. Customer, vendor, contractor and employee agreements, drafted or reviewed.
  • Confidentiality and licensing. NDAs, IP licenses and assignments, and technology transfer.
  • Fundraising. SAFEs, convertible notes, term sheets and investor diligence.
  • IP protection. Patents, trademarks and trade secrets, filed and managed.
  • Compliance. Privacy and data protection, and FDA strategy for medical products.
  • Disputes. Cease and desist letters, legal opinions, and infringement and litigation when it comes to that.

Here every item on that list sits in one firm, so the patent work and the business work are planned together. More on legal opinions and why VCs ask for them and on IP litigation.

When should a startup hire a lawyer?

Before the decisions that are expensive to undo. Most founders need a startup lawyer at a handful of predictable moments, and the cost of getting each one wrong is usually higher than the cost of the work.

  • Before you form the company. The entity, the state and the founder split are hard to change later.
  • Before you share the idea. A pitch, a manufacturer or a partner meeting is a disclosure. Use an NDA and, where it fits, file a provisional first.
  • Before the first hire or contractor. Without a written assignment, the person who writes the code or designs the product may own it.
  • Before you raise money. Investors will review your formation documents, cap table and IP ownership.
  • Before you launch or sign a large customer. Terms of service, a privacy policy and a reviewed customer contract are cheaper than a dispute.
  • When someone copies you, or says you copied them. A letter written or answered well can settle it early.

The core set is short. What matters is that each document exists before the moment it is needed, and that every one of them points ownership of the IP to the company.

Legal documents a startup needs
DocumentWhat it doesWhen you need it
Certificate of incorporation or formationCreates the company and sets its typeDay one
Bylaws or operating agreementSets how the company makes decisions and what happens when an owner leavesDay one
Founders agreementSplits equity, sets vesting and assigns each founder’s IP to the companyBefore real work begins
Non-disclosure agreementKeeps what you share with partners, manufacturers and hires confidentialBefore the first outside conversation
Employee and contractor agreementsConfidentiality plus a written assignment of the work they createBefore the first hire
Advisor agreementSets an advisor’s equity, duties and IP assignmentBefore you add an advisor
Terms of service and privacy policySets the rules for customers and how you handle their dataBefore launch
SAFE, note or term sheetDocuments money in and what investors receiveWhen you raise
Patent and trademark filingsProtect the product and the name investors are paying forBefore you disclose or launch

Hiring mistakes are the most common gap. See 5 common legal mistakes when hiring, or download The Startup Legal Stack, our free set of founder resources.

How much does a startup lawyer cost?

It depends on how the lawyer bills. Hourly billing makes the total hard to predict, because every call, email and revision adds to it. A flat fee sets the price of each piece of work before it starts, so you can budget a raise or a launch around it.

How startup lawyers bill
Billing modelHow it worksWhat to watch
Flat feeOne price for a defined piece of work, agreed before it beginsKnow exactly what is in scope
Monthly planA set amount of ongoing counsel each monthCheck how unused time and extra work are handled
HourlyBilled in increments for all time spentThe total is open-ended
Deferred or equityFees delayed until a raise, or paid partly in stockYou give up equity or carry a growing bill

We do not bill by the hour. Each engagement is quoted as a flat fee before work begins, and ongoing work can run on a Fractional IP Counsel plan. Your fee is set on your strategy call, once the scope is clear.

Do startups need a patent attorney?

If the product is the technology, usually yes, and sooner than founders expect. A patent attorney for startups protects the invention before it is disclosed, decides what is worth filing on, and makes sure the company, not a founder or a contractor, owns it when investors look.

Timing matters most. The US gives you one year after your own public disclosure to file, but many countries give you none, so a launch, a demo day or a published deck can cost foreign rights. A provisional patent application is often the quickest way to lock in a filing date first. More on when to file a patent as a startup and on provisional applications as a startup tool.

Investors look at IP when they value a company. See why patents matter to investors, and how IP helps med device startups raise VC funding. Not everything should be patented. Some of what an AI company builds, such as training data and model weights, may be better kept as a trade secret, covered in using trade secret protection for AI IP.

Each fits a different stage. The difference is how much judgment you get with the document and how the price is set.

Ways to get startup legal help compared
CompareOnline legal serviceLarge law firmStartup lawyer at a flat fee
What you getForms and filingsA full team, often across many officesDrafted documents plus advice on your situation
How you payA fixed price per formUsually hourly, sometimes deferredA flat fee quoted before work begins
Patents and trademarksLimited or noneUsually a separate groupIn the same firm, planned with the business work
Where it fitsSimple filings you can check yourselfLate-stage rounds and complex dealsFormation through early rounds, with IP at the center

What should you ask before hiring a startup lawyer?

  1. Who will do the work? Ask who drafts the documents and who you will talk to.
  2. How are fees set? Ask for the price of the first piece of work in writing before it starts.
  3. Do you know my industry? Software, medical devices and fintech each bring their own rules.
  4. Can you handle the IP too? Patents, trademarks and ownership questions come up in every raise.
  5. How will we communicate? Agree on how you reach the team and how fast you can expect an answer.
  6. Any conflicts? Make sure the firm does not represent a competitor or your investor in the same deal.

For a fuller checklist, read how to choose a tech startup lawyer.

[05]The process

From first call to signed documents.

What happens at each step and who does the work. Timing depends on the matter and is never a promised date.

Startup engagementCall to signed

  1. Day one01Day oneStrategy callFree. Walk us through the company, the deal or the problem.
  2. Flat fee02Flat feeScope and flat feeWhat the work covers and its price, in writing, before it begins.
  3. 03Engagement letterYou sign, and the work starts.
  4. 04DraftingDocuments written for your company, not filled-in forms.
  5. 05Your reviewYou read, ask questions and approve before anything is signed.
  6. 06Signed or filedExecuted, filed with the state or sent to the other side.
  7. 07Ongoing counselNext steps as the company grows, or a Fractional IP Counsel plan.

[06]Questions

Questions about our startup legal services.

Still deciding? Your first call is free and comes with a straight answer on what to do first.

Book A Free Strategy Call
What does a startup lawyer do?

Handles the legal work a young company needs to form, grow and raise money. That means formation, founder and employee agreements, contracts and NDAs, fundraising documents, privacy and regulatory questions, and the patents and trademarks that protect what you build.

How much do your startup legal services cost?

Each engagement is a flat fee, quoted before any work begins, so you know the cost up front. The fee depends on the scope, and it is set on your free strategy call. We do not bill by the hour, and ongoing work can run on a monthly Fractional IP Counsel plan.

Can you protect our IP if we are not in Florida?

Yes. Patents and trademarks are federal, and the filings go to the USPTO, so that work does not depend on where your company is based.

When should a startup hire a lawyer?

Before decisions that are expensive to undo. Forming the company, splitting equity, sharing the idea, hiring the first employee or contractor, raising money and launching are the usual moments. Getting the documents right then costs far less than fixing them in diligence or a dispute.

Can you form our company and protect our IP?

Yes. Formation, founder agreements and IP assignments are planned together with any patent or trademark filings, so ownership of what you build sits with the company from the start. That is what investors check first.

Do we need a patent attorney as a startup?

If your product is the technology, usually yes. A patent attorney checks whether the invention is novel, files before you disclose it, and makes sure the company owns it. A provisional application can lock in a filing date before a launch or a demo day.

What is Fractional IP Counsel?

Our ongoing legal plans for growing companies. Instead of hiring in-house counsel, you get a set amount of legal work each month for one predictable fee, covering contracts, IP, investor matters and the questions that come up as you scale.

Does The RLG Guarantee cover startup legal services?

No. The RLG Guarantee covers four services, patentability searches, provisional patents, design patents and trademarks. The startup and business services on this page are quoted as flat fees and are not covered. The guarantee is a refund promise, not a promise of a granted patent, and refunds are subject to the RLG Guarantee Policy in your engagement letter.

[07]Learning Center

Learn before you build.

[08]Client reviews

Founders who built with us.

4.7 across 614 public reviews on Google, Trustpilot and Avvo.

#1Top reviewed IP law firm*4.7 from 614 reviews

Read client reviews
  • “The Rapacke Group stands by their fees with no surprises.”

    Lowell CrawfordClient review
  • “From creating a new business and checking to make sure we were in full compliance, the team at The Rapacke Law Group handled everything with ease for us.”

    Aqua Fire PitBusiness formation · Client review
  • “As a small business owner, Andrew was invaluable to my business. Not only was his firm responsive and professional, Andrew went above and beyond and connected me with the right person in the industry for my business.”

    Ming HwongSmall business · Client review

Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.

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