What Attorneys Working at Startups Should Know
8.19.2025
Attorneys working at startups must be creative, resourceful, and thoughtful – as they are often the first legal hire. But they have the chance to build the future of their company and create a unique role.
The New York State Bar Association recently hosted a program discussing what attorneys working at startup companies can expect.
The speakers were:
- Laurie Coles, general counsel at Calero Software.
- Alexandra “Sasha” Field, partner at Potomac Law Group.
Kaelyn Gustafson, chair of the Women in Law Section, delivered opening remarks.
The speakers discussed questions that attorneys should ask while interviewing for a position at a startup. For example, will equity be part of the compensation? Is this a leadership role? What kind of legal work does this company need? Is it managing intellectual property, ensuring compliance, or guiding business decisions? What legal tools, resources, and support will be available?
It is also important for startup attorneys to understand the business as well as its products and purpose. “Read marketing materials, participate in product demos,” said Coles. “Read product descriptions on a company’s website. Learn all the product functionalities that you’re going to need to accurately capture within contracts. And just know that when you’re in a startup, the products change quicky.”
The fast-paced and expansive nature of startups means that attorneys must be aware of multiple issues – including sales support, corporate structure, and asset protection. But they must also be able to prioritize the most pressing matters. “This is about what’s the fire today,” said Field. “But also it’s your job as the lawyer to think about what’s the fire going to be in three months. In six months. Because you know how long things take. So you know that if that’s going to be the fire in three months, you better get started now.”
The speakers also emphasized the importance of protecting and creating legal documents, especially those key to the foundation of the company. Policies and procedures may have been created when the company was very different and they need to be updated and streamlined.
Field said that legal advice to startup company leaders should be framed in terms of real impacts on business and its revenue. “You can help frame your legal advice in ways that make sense to them,” she said. “A lot of lawyers have been trained to be very specific about a legal answer. There are times and places for a legal answer, but it’s not going to do you any good if it sounds like the lawyer talking at them. They really need to understand what that means to them. We think about it as translating. Speak the C-suite speak.”
There are also times when an attorney may need to seek out outside counsel because the issues at a startup are beyond their skillset. “It’s not possible for one lawyer to replace an entire firm – you can’t,” said Coles. “But you get to where you can recognize the issues that you are able to answer and the issues where you able to say, ‘Hold on, we need to get an outside opinion.’”
To help, the speakers recommended leveraging legal resources, especially those from bar associations. They also emphasized the benefits of reaching out and connecting with other attorneys at startups and in similar positions.
The seminar was sponsored by the New York State Bar Association’s Women in Law Section. View the full program here.
