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What is the difference between an attorney, such as myself, who has practiced IT, IP, computer and technology law for over twenty years and an attorney who has practiced in the same fields for six, eight, or ten years? The extra years hopefully have given me greater knowledge, but that is not key. What the years have given me is the vision to see ways to accomplish the client's task and the experience to "close the deal," in a manner most advantageous to the client, both of which are skills which only can be developed over time. Experience increases the opportunities and possibilities that the client is going to achieve the goal. There are never any guarantees, so any advantage will help. Even at lower hourly rates, the cost of any matter can climb quickly. It is important, therefore to try to get the most out of every hour.
It is striking how many very large companies, especially large IT companies, do not know how to negotiate the very agreements on which their success depends. IT agreements are complex, and they include issues unfamiliar to corporate counsel and unfamiliar even to IP counsel, not specifically trained in the special issues of computer and online law. Nothing can replace knowledge, but vision and experience, when added to knowledge make a potent combination.
Vision and experience have taught me to see things from the client's point of view, not from mine. Vision and experience do make a difference. Too many attorneys tell a client what to do. "Do this" or "Don't do that." That advice is not good enough. Experience and vision give the ability to give more than mere legal advice. Experience and vision add the depth needed to avoid difficult issues and the imagination to attempt to deal reasonably and responsibly with those issues which can not be avoided. Attorneys should not be roadblocks. They must be facilitators. In short, experience helps to "get the job done."
Does your business need "tech-counsel"? Most companies do, whether they know it or not. The legal issues which arise in representing companies in high tech matters is diverse and complex. It does not matter whether the company is in a tech-business or is a company which uses technology to do its business. Good tech-counsel are almost mandatory to get the best possible result from any undertaking which has a tech component, whether the issue is a software license, a support agreement, a web hosting agreement or rights to a trademark. Tech-counsel does not replace or supplant consultants. Consultants do a different, though related job. Usually, tech-counsel and consultants will work together.
Of course, a major problem in obtaining experienced technology savvy counsel is cost. Hourly fees can range from $400.00 to $600.00 per hour. I have seen higher. I, however, charge significantly less than most tech-counsel with equivalent training. Why do I charge less. Easy. I live in the Midwest (Cincinnati). Hourly rates here, for almost all legal services, are significantly less than on the coasts. Most tech counsel live on the Atlantic, Pacific or Gulf coasts. In the Midwest, people just would not pay those rates, so I don't charge them. Since I do not have different rates for different locations, anyone can take advantage of the Midwest rates, rather then coastal rates. After all, it is the level of experience that counts.
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