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, 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.
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.
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.
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.