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Who is the best lawyer for a startup that needs terms of service and a privacy policy, specifically in Silicon Valley?

  • Do you ask your corporate lawyer to write these for your startup or do you need another lawyer who specializes in writing terms of service and privacy policy? How much does a lawyer generally charge for drafting these? I would appreciate If you can recommend a lawyer who is excellent and charges a reasonable fee.

  • Answer:

    We have a lot of founders and tech startups come to http://www.upcounsel.com/ just for terms of service and privacy policies. Typically, companies can get a custom drafted TOS and PP on UpCounsel for $500 - $800 from lawyers that specialize in these type of agreements for tech companies. As you have probably guessed, I am the founder of this company :) If I can ever personally help, let me know!

Matthew Faustman at Quora Visit the source

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It really matters whether the Terms of Use and Privacy Policy or for a blog, an ecommerce site, or a new mobile app that collects and uses personal information in new ways.  If the technology and privacy issues are complex and novel, find a lawyer that can convince you that she has handled similarly complex situations.  The lawyer's counseling is as important as her drafting skills.  You will need to make decisions about how much to disclose and the best way of disclosing your privacy policies in a legal environment where the laws are unclear and changing.  I worked on privacy issues ranging from the first DVRs that tracked your interests (Tivo), to enterprise software for multinational banks to ensure informational security (Orchestria), and can tell you that you need to explain your new technology and near-term product road-map to your attorney so that she can craft appropriate Privacy Policy and Terms of Use.  Don't expect a template to do the job.

Adam Ettinger

When I'm looking for outside counsel I look for a well rounded attorney who has a deep interest in technology and has broad experience drafting, negotiating and dealing with disputes regarding agreements.  Someone with only corporate securities experience, or whose only exposure to technology transactional agreements has been in doing M&A diligence does not meet that bar.

Kevin Keller

Any corporate attorney at the big firms will sell you their service and value add that they are able to offer ANY services.  Offerings, Corp Docs, TOS, etc., however that's not always the best route to go. Just like how any attorney could in theory write your Terms and Privacy Policy.  Although, if you have an internet startup that is consumer facing, you're going to need to have an expert in consumer internet law.  In my experience certain attorneys are great for certain things and generalists are good at general things. Specifically here in Silicon Valley I would personally recommend Antone Johnson () from Bottom Line Law (http://bottomlinelawgroup.com/).   His deep domain expertise in consumer internet law and background at Eharmony AND Myspace makes his experience unique and highly valiueble.  At our company, we've found his insight on consumer related issues (TOS, Privacy Policy, User Related Issues, Scaling, Etc.) invaluable as our company has started to scale and his advice on navigating a somewhat overlooked area of business.  As far as pricing goes - any CEO knows that there are attorneys from $150-$1000/hr and one usually pays for what you get.  In the start up space there are a few amazing attorneys who also do a combination of fees and equity if you're strapped for cash and want to offset your burn early on.

Matt Crowe

I'll also shout out for , he's one of my favorite lawyers and an advisor to our law firm. Truly, though, anybody who does corporate or startup law in Silicon Valley should be able to do a solid basic TOU and privacy policy. You ought to find a competent, cost-effective, lawyer with good customer service and who is loyal, responsive, and values you as a client. If you have a run of the mill consumer tech startup, trying to find the "best" lawyer to do basic work is like hunting for 's auto mechanic so you can have the best oil change for your car. My firm would charge perhaps $500 to $1,000 on a fixed fee standalone basis but we seek long term full service relationships and usually don't engage clients for a single task like this — typically we'd draft, consult, and maintain user agreements at no extra charge as part of a monthly retainer or startup package. A bigger firm, or a more complex or novel service, might cost you $2,000 to $3,000. Others have mentioned that there are specialized legal services offerings out there in the $500 range. You can find bids on elance or the like for as low as $100, and find versions online for less than that or free (or just copy it from somewhere, there are Quora questions about that), but I wouldn't trust the quality or whether it fits your needs. If you have yet another ecommerce site, many people can do that. A novel or specialized situation probably does require a specialist. Examples might be health tech or personal finance, sweepstakes, food delivery, professional services, crowdfunding and other online securities, real estate or transportation, or a three-tier arrangement involving enterprise or white label clients plus their own end users. These present novel or complex questions of risk, liability, regulation, enforceability, contract duties, and so on. A basic startup lawyer should be able to spot whether your site raises any special questions, even if they're not adept at actually handling them. If you're doing something novel like — crowdfunded securitization of the future career prospects of young graduates — then I would run not walk to the best specialist you can find.

Gil Silberman

I suspect that most startup lawyers here in the Bay Area can prepare TOS and a privacy policy. In my experience, different sites need different amounts of work to create their documents, so it is difficult to generalize about fees. You can talk to several lawyers about your needs and ask each to provide a fee quote.This answer is not a substitute for professional legal advice....

Dana H. Shultz

First, it's good to understand what exactly the Terms of Service is for and why having a proper one is important. What is a Terms of Service? A Terms of Service basically define what a user agrees to in order to use your services and they vary depending on the type of business or purpose of the site. It’s important that these documents accurately represent what a user can expect from the information they gain from your site. Why do I need it? Each business is unique thus warranting a unique Terms of Service to address all of their specific concerns. Sure, you could draw one up yourself or hire a freelancer on oDesk, but what are the odds that they will be able to address every legal concern your business may face? What happens when I hire a lawyer? When you hire a lawyer to make yours, they will work with you to tailor the terms of your business. This includes the nature of the business, the way the website handles traffic, and a vast array of other variables. Next, they state conditions of sale if applicable. Payments, credit card use, shipping terms, refund policy and more should all be addressed in addition to limiting any legal liability to the customers and third parties that visit the site. The next step involves respecting any intellectual property rights which should be self-explanatory if you’re reading this post. Finally, a privacy policy will be established which will disclose how customer data is collected along with ensuring compliance with applicable state and federal laws. Obviously, there are steps in between depending on the business but this is a general basic structure of how a Terms of Service would be established. Where can I get one done? I hope you find this answer helpful! If you're looking for a fast and affordable way to get this drafted by vetted startup lawyers in Silicon Valley, then feel free our platform at http://www.lawtrades.com It will run you less than $300 for a typical ToS and our service is on-demand. Best of luck!

Raad Ahmed

Typically a corporate lawyer with startup experience can draft you a good https://www.priorilegal.com/legal-forms-and-documents/terms-of-serviceand https://www.priorilegal.com/legal-forms-and-documents/privacy-policy, but if you’re doing something out of the ordinary or novel, particularly if you're company is in a regulated space or operating internationally, you may want to hire a lawyer who specializes in this type of work.My company,https://www.priorilegal.com/https://www.priorilegal.com/, is a highly selective network of lawyers with years of experience at some of the country’s best law firms. Our lawyers are among the very best in Silicon Valley. Depending on your needs, costs for a Terms of Service and Privacy Policy can range from about $250 to $2000. Our lawyers offer a discount to Priori clients as well as flat fee packages, so you'll be getting a great value. When you submit a lawyer request to us, we hand pick several attorneys with relevant experience to offer you proposals. You get a free 30 minute consultation with each attorney before deciding to work with him or her.Let me know if you have any questions, and please don't hesitate to reach out to me directly.

Basha Rubin

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