This page describes the work I do, seek to do, and do not do as a California lawyer.
Please note that I am not certified in any area of specialty by the California Board of Specialization or any other organization. I am attorney member 291465 of the State Bar of California.
This page does not address my availability. See availability.kemitchell.com for that information.
Work I Do
I spend most days negotiating contracts for software licenses, services, and development, advising on strategy for licensing and selling software and software services, and counseling on product design and business strategy under privacy and security constraints. I routinely update contract templates for sales teams, terms of service for self-serve products and services, privacy policies, and other public-facing documents for clients.
I am probably best known for providing this kind of help to companies and foundations involved in open source, open science, and free content. These strategies pose some special challenges and complications that I’m often able to diagnose, simplify, and manage for my clients.
Software
I prepare form agreements and negotiation playbooks for the sale of software, software as a service, and software-related services, like custom development, training, maintenance, and support.
I negotiate agreements for software and related services, often in support of a sales team.
I prepare terms of service for websites and web applications.
Intellectual Property
I advise on business models and licensing options related to open source software.
I advise on compliance with open source, Creative Commons, and other public intellectual property licenses.
I adapt intellectual property commons licensing practices from open source software, Creative Commons, and similar movements to new industries.
I advise on issues related to trademark protection and enforcement.
Privacy
I advise on privacy implications and compliance obligations in product and service strategy and development.
I prepare privacy policies and other disclosures, especially for highly technical products and services.
I occasionally help preparing and update records for compliance.
Commercial Contracts
I prepare forms for, and negotiate, a variety of other business contracts, such as marketing and professional services agreements.
I draft plain-language contracts and policies that non-lawyers can read and apply.
Business Structure
I structure and form legal entities for startups, small businesses, and studios with peculiar needs, including cooperatives.
In earlier years, I advised on startup financing and exits. I tend to refer that work now.
Work I’d Like to Do
I am actively seeking an opportunity to draft a balanced, plain-language form contract for penetration testing, black-box audit, and white-box audit.
Work I Do Not Do
I do not represent clients in litigation.
I do not represent clients in criminal law proceedings.
I do not advise on tax matters.
I do not advise on employment law matters.
I do not apply for patents.
With very rare, short-term exception, I do not take employee, officer, director, or other titles at clients.
This list is necessarily incomplete. There are other kinds of legal work I do not do, but these are the most commonly requested that I have to turn down.