General Counsel Services

For small-to-middle market companies that do not employ in-house legal counsel, MacKelvie & Associates, P.C. offers part-time General Counsel Services on an outsourced basis.

The Challenge

In today's complex business environment, small-to-middle market companies encounter legal and regulatory issues no less complicated than much larger organizations.  However, small-to-middle market companies do not typically employ in-house legal counsel.

Instead, small-to-middle market companies often engage outside legal counsel on a periodic, reactive basis.  Consequently, outside legal counsel often do not have an in-depth understanding of an organization, and may not be engaged until an issue has inadvertently matured into a crisis.  Worse yet, the legal fees associated with reactive engagements can be more than a company anticipated or budgeted.

Our Solution

Our General Counsel Services provide small-to-middle market companies with the same kind of legal advice and services that much larger organizations receive from their in-house legal counsel.  However, alternative fee arrangements make our General Counsel Services a cost-effective alternative to employing in-house legal counsel or engaging outside legal counsel on a periodic, reactive basis.

• Ongoing Engagement. Our General Counsel Services provide for an ongoing engagement of senior level, outside legal counsel with significant in-house qualifications and experience.  Such an engagement enables us to maintain an in-depth knowledge of a company's operations and objectives, and tailor our services to more closely fit a company's needs.
   
• Dedicated Resource. As part of our General Counsel Services, we serve as a dedicated resource to a company's senior management team.  Whether on-site or from our offices, we render independent legal advice on strategic issues, service day-to-day legal and regulatory matters, and manage any legal and regulatory affairs that require the use of other outside legal counsel.
   
• Preventive Approach. Our General Counsel Services provide for a proactive, preventive approach to addressing a company's legal and regulatory risks.  By engaging outside legal counsel on a preventive basis, many legal and regulatory risks may be mitigated or avoided, allowing a company to direct more of its resources toward achieving its operational and strategic objectives.
   
• Flexible Engagement. Our General Counsel Services can be tailored to fit a company's particular legal and regulatory needs. In fact, as part of our service, we can render legal advice and services in a variety of areas, including:
       •  Corporate governance and compliance
       •  Strategic business planning
       •  Federal and state regulatory compliance
       •  Corporate and business transactions
       •  Contract analysis, preparation and negotiation
       •  Human resources and employment
       •  Governmental audits, investigations and enforcement
       •  Dispute resolution and litigation management

Our Billing Arrangement

In lieu of standard hourly billing, our General Counsel Services include alternative fee arrangements designed to provide greater budgetary control over a company's legal expenses.  Depending upon the particular circumstances, those alternative fee arrangements can include:

• Monthly retainer for a fixed monthly time commitment
• Fixed monthly fees for a designed group of services
• Fixed fees per routine services
• Flat project fees

Our Engagement

Our engagement begins with an initial interview. Through the initial interview, we gain a general understanding of a company's structure, operations and particular needs.  We also collect information to identify any cost saving opportunities.

Based on the information collected, we work closely with a prospective client to develop a proposed services plan, which specifies our proposed services and associated fee structures.  If a company wishes to engage our services, we finalize the proposed services plan and the associated fee structures.  Thereafter, we jointly evaluate the final services plan (from time to time) to ensure that we continue to meet a company's particular needs.