Guest column

Lawyers specializing in startups are hard to comeby in Houston — but here's what you need to know

You need a specialized lawyer for your startup — but that's easier said than done in Houston, according to this expert. Getty Images

One of the worst, and most expensive, mistakes that we see startup founders make in the very early days of their company is not realizing that hiring lawyers is a lot like hiring doctors: when the stakes are high, you need a highly experienced specialist.

Law has numerous specialties and sub-specialties, and hiring legal counsel with the wrong specialty can mean paying to reinvent the wheel, or simply getting advice that is out of sync with the norms of your industry and the expectations of your seasoned investors.

This challenge can be particularly acute for founders of startups located in Houston. The legal market in any particular city tends to mirror the dominant industries of that city. Houston has some of the world's most prominent energy and healthcare lawyers, for reasons that should be obvious to anyone who knows anything about Houston's economy.

Startup lawyers, or more formally —corporate/securities lawyers who are sub-specialized in "emerging companies" — are a different story entirely. Given the nascent status of Houston's startup ecosystem, finding local lawyers who work with emerging technology companies and early-stage funding day in and day out, and know all the norms and nuances, is a challenge.

Very often we see founders get referred to a local lawyer who is a broad generalist that dabbles lightly in many practice areas. Their lack of depth in startup or venture capital work usually leads to clients paying for things that a more specialized lawyer, with a deeper set of precedent forms and institutional knowledge, could simply pull off the shelf. In other cases, founders get referred to very expensive senior corporate lawyers from firms designed for billion-dollar public company representation; totally overkill (and overpriced) for an early-stage startup.

What the smartest Houston founders discover, if they do their homework, is that leveraging the broader "Texas ecosystem" can help not just with sourcing talent for their employee roster or finding venture capital, but with sourcing specialized legal talent as well. In the case of Startup Lawyers, Austin's venture capital and startup ecosystem has produced numerous highly specialized lawyers whose depth of startup/vc experience easily compares with lawyers found in Silicon Valley, but who also regularly interact with investors in the Houston market; and therefore know their expectations. In the case of our firm, Egan Nelson (E/N), a significant number of our clients are located in Houston, Dallas, San Antonio, and other markets in the general regional area.

Historically, businesspeople have assumed that if they really want top-tier, highly specialized counsel, they had to find that counsel at large, multi-national law firms. That is no longer the case. The broader Texas ecosystem has produced a thriving group of specialized, high-end "boutique" law firms that are recruiting top-tier lawyers away from the traditional mega-firms, and leveraging technology to deliver "leaner" legal counsel; saving hundreds of dollars per hour for entrepreneurs.

It is not uncommon for us to see Houston startups utilizing an emerging companies corporate lawyer in Austin, a regulatory specialist lawyer in Houston, and a tax lawyer in Dallas; all from different firms. This is the future for how emerging companies will source their legal talent, without the constraints of geography or old-fashioned "all in one" law firm structures.

This trend really isn't that new. VCs from Austin and other Texas cities (and the coasts) have regularly been visiting Houston to fund companies, and Houston companies have regularly leveraged contacts in other markets to source specialized resources for their companies. The same dynamics have extended to finding legal counsel. "Localism," and an over-preoccupation with hiring everyone in the same city, isn't really just last year, it's more like last century. There is nothing about legal services for startups that requires any of your lawyers to be within your same city. Videoconferencing works great.

The growth of the Texas ecosystem, and the emergence of specialized boutique law firms, mean that Houston entrepreneurs have far more options to choose from for sourcing specialized legal counsel. Leverage those options to avoid engaging lawyers who are insufficiently experienced, or overkill, for the needs of your company. For more resources on finding and assessing the right lawyers for your Houston startup, see Startup Lawyers, Explained.

------

Jose Ancer is an Emerging Companies Partner at Egan Nelson LLP. He also writes for Silicon Hills Lawyer, an internationally recognized startup/vc law blog focused on entrepreneurs located outside of Silicon Valley, including Texas.

Trending News

Building Houston

 
 

A Rice University scientist will be working on the team for NASA's latest Mars rover. Image courtesy of NASA/JPL-Caltech

A Rice University Martian geologist has been chosen by NASA as one of the 13 scientists who will be working on a new Mars rover.

Perseverance, the rover that launched in July and is expected to land on Mars in February. It will be scouting for samples to bring back to study for ancient microbial life, and Kirsten Siebach — an assistant professor of Earth, Environmental and Planetary Sciences — will be among the researchers to work on the project. Her proposal was one of 119 submitted to NASA for funding, according to a Rice press release.

"Everybody selected to be on the team is expected to put some time into general operations as well as accomplishing their own research," she says in the release. "My co-investigators here at Rice and I will do research to understand the origin of the rocks Perseverance observes, and I will also participate in operating the rover."

It's Kirsten Siebach's second Mars rover mission to work on. Photo courtesy of Rice University

Perseverance is headed for Jezero Crater, a 28-mile-wide area that once hosted a lake and river delta where, according to scientists, microbial life may have existed over 3 billion years ago. Siebach is particularly excited hopefully find fossils existing in atmospheric carbon dioxide dissolved in water — which usually exists as limestone on Earth.

"There are huge packages of limestone all over Earth, but for some reason it's extremely rare on Mars," she says. "This particular landing site includes one of the few orbital detections of carbonate and it appears to have a couple of different units including carbonates within this lake deposit. The carbonates will be a highlight of we're looking for, but we're interested in basically all types of minerals."

Siebach is familiar with rovers — she was a member of the team for NASA's Curiosity rover, which has been exploring Mars since 2012. For this new rover, Siebach knows what to expect.

"Because there is only one rover, the whole team at NASA has to agree about what to look at, or analyze, or where to drive on any given day," Siebach says in the release. "None of the rovers' actions are unilateral decisions. But it is a privilege to be part of the discussion and to get to argue for observations of rocks that will be important to our understanding of Mars for decades."

Siebach and her team — which includes Rice data scientist Yueyang Jiang and mineralogist Gelu Costin — are planning to tap into computational and machine-learning methods to map out minerals and discover evidence for former life on Mars. They will also be using a Planetary Instrument for X-ray Lithochemistry, or PIXL, to analyze the materials.

The return mission isn't expected to return until the early 2030s, so it's a long game for the scientists. However, the samples have the potential to revolutionize what we know about life on Mars with more context than before.

"Occasionally, something hits Mars hard enough to knock a meteorite out, and it lands on Earth," she says in the release. "We have a few of those. But we've never been able to select where a sample came from and to understand its geologic context. So these samples will be revolutionary."

Trending News