At some point, almost every growing business owner asks the same question: Do I need a lawyer on my team, or can I keep handling legal issues as they come up?
The Three Options for Legal Support, Honestly Assessed
Option 1: No Regular Legal Support
This works well when:
• Your business is early-stage, with simple operations and few contracts
• Your legal exposure is low (you're not managing employees, complex vendor relationships, or regulatory requirements)
• You have the time and knowledge to spot legal risk yourself
This stops working when:
• You realize you don't actually know what you don't know
• A legal issue surfaces that you didn't see coming, because nobody was looking for it
• “I'll just Google it” starts feeling like a real risk instead of a reasonable shortcut
Option 2: Full-Time In-House Counsel
This works well when:
• You have a steady, high volume of legal questions — enough to fill a full-time role
• You need someone physically embedded in daily operations, sitting in on meetings, reviewing every contract before it goes out
• Your budget can support a six-figure salary plus benefits, regardless of how much or how little legal work comes up in a given month
The tradeoff: In-house counsel is a fixed cost. You're paying for a full-time salary whether your legal needs are heavy that month or light. For a business that's still growing — where legal needs might be intense during a fundraising round or an acquisition, then quiet for months — that fixed cost can be hard to justify.
Option 3: Outside General Counsel
• Consistent access to counsel who already knows your business — no re-explaining your company's history and structure every time something comes up
• Cost predictability — a fixed fee instead of a running hourly clock, so you're not hesitant to pick up the phone
• Scalable involvement — light-touch during steady periods, more hands-on during growth, financing, or a dispute
• Broader coverage than a single in-house generalist could typically provide, since an outside firm can draw on deeper experience across contracts, employment, litigation, and transactions
This works well when:
• You have recurring legal needs — contracts, employment questions, compliance — but not enough volume to justify a full-time hire
• You want the security of a real legal relationship without the fixed overhead
• You've been burned once by not having anyone to call, and don't want that to happen again
Not sure which of these three categories fits your business? That's exactly the kind of question worth a quick phone call rather than a guess — contact DKB Legal and we'll help you figure it out, with no obligation either way.
A Simple Way to Decide: 3 Questions to Ask
1. How often do legal questions actually come up in my business? Rarely (a few times a year) → you may still be fine without regular support, but keep an eye on Question 3. Regularly (monthly or more) → you're a strong candidate for outside general counsel. Constantly (daily/weekly, across many issues) → you may be approaching the volume that justifies in-house counsel.
2. What would it cost me if a legal issue went unnoticed? If the honest answer is “not much,” you can afford to wait. If the honest answer is “it could seriously hurt the business” — a bad contract term, a mishandled termination, an unenforceable noncompete — that risk alone often justifies a standing relationship, even before volume does.
3. Do I currently have someone to call when something comes up — and would I actually call them? If the answer is “no” or “I'd probably just wait and hope it resolves itself,” that hesitation is itself a signal. The businesses that get hurt aren't usually the ones with a lawyer on retainer who make an unnecessary call — they're the ones who didn't call at all.
Frequently Asked Questions
What is outside general counsel?
How is outside general counsel different from in-house counsel?
How much does outside general counsel cost?
Is outside general counsel right for my small business?
Let's Figure It Out Together
If you're weighing your options, here's the next step: call 317-709-4242 or email Dan@DKBLegal.com to schedule a no-obligation conversation. We'll talk through your business, your current legal needs, and whether outside general counsel — or something else entirely — makes the most sense for where you are right now.