Kyle Mitchell’s Work

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 for that information.

Work I Do

I spend most days negotiating contracts for software licenses, services, and development, structuring new business entities, and advising on strategy for licensing and selling software and software services. I routinely update terms of service, privacy policies, and other public-facing documents for clients.


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.


I advise on privacy implications and compliance obligations in product and service development.

I prepare records for compliance with privacy laws.

I prepare privacy policies.

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.

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.

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.