General Counsel Services
Can't afford a full-time, in-house counsel? Is your full-time, in-house counsel struggling with too much work and lack of experience in certain areas? Are your outside counsel bills eliminating your profits? With over 30 years of legal experience, Mark can provide those legal services on an hourly or part-time basis at affordable rates. The relationship and fee structure are flexible to fit your needs.
Are you swamped by sales calls? Are you busy providing customers with services? Mark can negotiate that bank loan, lease or vendor contract for you. He can help you organize the legal side of your business, recommend staffing with in-house counsel or paralegals, select outside counsel and establish guidelines for when and what to send to outside counsel.
How are general counsel services different from outside counsel services? There are two main differences: the depth of the relationship and the focus of the services. In the general counsel relationship, the general counsel seeks a deeper understanding of the client's business, its business plan, its personnel and financial resources, and its products and services. The general counsel's focus is on helping the business avoid legal costs by anticipating and avoiding problems. If litigation occurs, the general counsel helps select the right litigation firm and organize the business staff to provide the litigator with access to witnesses and relevant documents. Most outside counsel focus on serving the full range of legal needs of the client. While they can help with acquiring a business or a new location or negotiating that major contract, their bread and butter is litigation, defending or prosecuting lawsuits.
The differences are highlighted in this example. A general counsel would develop a customer contract, receipt or form. The outside counsel might do the same. However, the general counsel would also focus on customer service policies: how will the business respond to customer disappointments and complaints? The general counsel's focus would be on handling problems before anyone is thinking about litigation. The general counsel thinks about how much money can be saved if your sales clerk gives the unhappy customer an immediate refund. The outside counsel's focus will be on handling the problem, i.e. the litigation, once the lawyers are brought in: answering the complaint, conducting discovery, taking depositions, filing motions and going to trial. Whether the dispute goes to arbitration or court, the outside counsel is staffed to defend the client. You pay for the higher costs and overhead of a full-service law firm.
Why choose Mark as your general counsel? Mark has the experience you need. He was an associate general counsel of two Fortune 500 companies, The Western Union Company and First Data Corporation, for over 13 years. He managed a legal department of 20 in-house lawyers. He has over 15 years in private practice. He has an accounting and finance background. He has managed his own business. He has dealt with more business issues and problems than most people see in their lifetimes: workouts, foreclosures, class actions, bankruptcies, partnership dissolutions, receiverships and bank closures. Mark is focused on prevention. You save legal costs by doing things the right way upfront. Mark does not gain when matters go to litigation. Mark has no litigation department. Like you, he loses when a matter goes to litigation.
Are you a small bank in Utah and need the presence of an attorney at that post-examination meeting next week? Are you struggling with a regulatory application? Do you need help with your responses to the pre-examination questions? Don't want to pay to fly in your outside counsel from New York or Washington D.C.? Then, consider using the firm's general counsel services. Mark can provide you with a local presence at an affordable cost. Mark's career focus has been on the financial services industry. He has worked for and represented various financial institutions. He was a financial institution regulator, working for the Office of the Comptroller of the Currency as a bank examiner and the Federal Deposit Insurance Corporation as counsel in the Receivership and Resolution Branch of the Legal Division. In his 13 years at Western Union and First Data, he focused on their money transfer, bill payment and money order businesses. He has handled many regulatory applications, including new charters, branch approvals, charter conversions and changes of control. He has performed, participated in and represented clients in numerous examinations.