5 questions to ask a lawyer before choosing them for your startup

The right lawyer can save a startup months and thousands of euros. Conversely, a poor choice creates avoidable risks (unsuitable articles of association, unassigned IP, GDPR non-compliance). Startups have specific and evolving legal needs, from incorporation through every stage of growth, as guides for founders explain (Justifit, Unitec, Lebouard Avocats). Here are 5 practical questions for assessing a firm, including the answers to expect and the warning signs.

1) What practical experience do you have with startups like ours?

Check that the lawyer has already supported innovative businesses similar to your model (B2B SaaS, marketplace, hardware, AI, e-commerce) on the essential foundations: choosing a company form (often SAS), shareholders’ agreements, terms of sale/use, commercial contracts, initial hires and early funding rounds. Practice and professional publications clearly identify the needs from day 0 (Le Parisien – Obligations at incorporation, Indy – Obligations 2026, Welcome to France).

What specifically to ask for

• Recent examples of comparable matters (SAS incorporation, shareholders’ agreement, SaaS terms of sale, first permanent employment contract, NDA/DPA, first funding round).
• Deliverables provided and results achieved (registration timeline, no due-diligence qualifications, signature by a key client).
• Sector-specific approach (specific SaaS clauses, open-source management, GDPR/AI compliance where relevant).

Warning sign: a lawyer who stays vague (“we do everything”) without citing concrete startup cases. On specialisation, also explore the differences between a startup-focused firm and a general practice in our analysis of startup specialist lawyers versus general practitioners.

2) How do you safeguard intellectual property and data (GDPR) from the outset?

Two critical workstreams for a tech startup are IP (copyright in code, trademarks, assignment/licence agreements) and data compliance (records, privacy policy, DPA, data-export clauses). Accelerators emphasise a gradual but structured approach to compliance (Unitec). Professional guides also highlight the basic obligations (legal notices, contracts, insurance, employment obligations) from incorporation (Le Parisien, Indy, Les Pépites Tech).

What you should hear

• IP: a rapid asset audit (code, design, data), assignment clauses for founders/employees/freelancers, a trademark strategy (INPI filing), privacy/internal confidentiality policy.
• GDPR: records of processing, a legal basis for each use case, minimisation, DPAs with processors, management of individuals’ rights and documentation of transfers outside the EU.
• Typical deliverables: checklists, contract templates and a 90-day action plan.

To frame your expectations on data, here are the 5 essential GDPR documents from launch.

E‑E‑A‑T anecdote: during a major proof of concept, a seed-stage SaaS startup we were advising discovered that no assignment of rights had been signed with a key freelancer. We regularised the position within 72 hours (assignment amendment, warranty against third-party claims, non-reuse undertaking) and filed its trademark immediately afterwards. Without this correction, Series A due diligence would probably have stalled. Such cases are common and documented in specialist firms’ practical accounts (Lebouard Avocats).

Warning sign: the lawyer downplays GDPR (“we’ll deal with it later”) even though marketing already wants to activate third-party tools. Employment and data obligations apply as soon as staff are hired and data is collected (Yaniro – Employment obligations, Unitec).

3) What are the scope, timetable and deliverables for the first month?

From the seed stage, demand a clear execution plan. Incorporation formalities, accounting/employment obligations and initial contracts need to be prioritised and scheduled (Indy, Welcome to France).

Reasonable expectations over 30 days

• Corporate: confirmation of company form (often SAS), founding articles of association, capital deposit, legal notice of incorporation, registration through the single portal, beneficial ownership register (RBE), shareholders’ agreement (initial version).
• Commercial: NDA, services/partnership agreement and initial terms of sale/use suited to the model.
• Compliance: legal notice, privacy policy and minimum viable GDPR records of processing.

To make the first month as efficient as possible, follow our guide to preparing your first meeting with a lawyer.

Warning sign: no dated milestones or list of deliverables. An organised firm sets out the scope, method and timetable in writing.

4) Exactly how do you bill, and how do you prevent overruns?

Demand complete transparency: billing method, scope, assumptions, exclusions and approval procedures before overruns. Compare fixed-fee and time-based approaches with our guidance on fixed fees versus hourly billing and our advice on avoiding overpaying in Paris.

Points to obtain in writing

• Detailed quote (deliverables, assumptions, rates for each professional, out-of-scope work).
• Process for requesting an amendment before any overrun.
• Monitoring tools (timesheets, monthly summary, budget review).
• Subscription or “hour credits” policy and what is included/excluded.

Warning sign: an attractive hourly rate but no cap, scope or budget-warning procedure.

5) What network and capacity do you have to support growth (fundraising, M&A, international expansion)?

A startup changes quickly: recruitment, BSPCE, international contracts and investor due diligence. Assess the lawyer’s ability to mobilise an ecosystem (industrial property attorneys for trademarks/patents, notaries, accountants, outsourced DPO) and manage regulatory developments (GDPR and sector regulations). Public and private resources emphasise these coordination needs as the company grows (Justifit, Lebouard Avocats, Les Pépites Tech).

Questions to ask

• Track record in fundraising (term sheet, data room, SPA), M&A or European expansion.
• Coordination with finance/product/security to avoid “surprises” during an audit.
• Responsiveness and coverage (working hours, internal SLAs, working language).

Warning sign: no recent due-diligence example or no identified partner network.

Summary checklist

• Startup experience demonstrated by recent cases and verifiable deliverables.
• IP and data addressed from day 0 (assignments, trademark, GDPR records, DPA).
• 30-day plan with listed milestones and deliverables.
• Detailed quote, billing method and written warning thresholds.
• An available network and a track record in growth (fundraising, international expansion).

To explore pricing and organisational points further, also read our analysis of choosing a billing method and our advice on optimising your lawyer budget in Paris. On compliance, start with the 5 essential GDPR documents. Finally, if you are unsure about the type of firm, compare a startup specialist with a general practitioner.