As a lawyer, you’re renowned for your empathic understanding of entrepreneurs and your ability to tailor advice based on this. How does this client-centric approach set your firm apart from others in your field?
We look for long-term relationships with our clients as that for us as a business provides greater value than simply looking to charge as much as we can for each job that comes in. We want to be there for clients not only in the good times but also when the going gets tough. I think the fact that we have client relationships that, in one instance, date back 30 years, demonstrates that we are doing something right.
In your 15 years of startup experience, you have seen the rapid evolution of the tech and startup landscape. In the surge of new technologies, such as AI, how do you stay up to date with the latest legal developments and ensure your advice remains relevant?
The law is always slow to catch up and we stick to our knitting and do not necessarily get distracted by every single passing fad. That said, we are watching, participating, and trying to use AI to make our services more efficient but the fact remains that a lot of work that we do is not something that can be delegated to machine learning. It requires the application of some contextualised human judgement based on experience that may not be stored within the worldwide web.
We also have our own startup, which is a SaaS solution, which means we have first-hand knowledge of the trials founders face when trying to launch disruptive technology.
One of your core areas of legal expertise is Intellectual Property (IP). What are some common challenges you see founders face as they work to protect their IP? And, what measures do you implement into your own work at Allen Legal to ensure your clients don’t meet the same obstacles?
IP can be difficult to manage because generally speaking it cannot be touched and locked up in a cupboard and is thus easy to overlook.
However, it is the biggest asset of every company we act for, and a whole of business approach needs to be taken to identify what IP you have that is of value, make sure that you own that IP and then take steps to protect that IP from unlawful use. This will include registering IP where appropriate, making sure that any use of your IP is regulated by a contract and implementing appropriate measures in your workplace to ensure that IP does not leak out through carelessness or deliberate action of those wanting to use it to their advantage.
Also, bear in mind that when people use the term IP, they are commonly referring not only to things such as Trademarks, Patents, and Designs (where registration is possible) but also knowledge, data, and know-how (where self-help is the only protection).
There is no one size fits all solution, but entrepreneurs need to be both alert and alarmed to ensure that when they come to an exit, they can safely transfer the IP and not be worried about the prospect of a warranty claim. The measures they put in place will evolve as the size and reach of their company grows. This means it is a regular topic for discussion when we catch up with our clients.
Lastly, for those who are currently scoping out their startup’s legal needs, what guidance would you share?
Focus on what is important to you and to your startup. If your startup’s needs legal support, find a lawyer that has the skill to immediately understand and calibrate the risk you are seeking to manage. I always suggest that you find someone efficient as to be frugal with their time and concise with their words.
The guidance I would share regarding a startups legal need is that not everything needs to be done on day one. There will be an order of priority to address your startup’s legal needs. This order can be adjusted to meet the available funds for your startup’s legal needs.
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