Let’s be real, if you’re a founder, legal ops probably isn’t the reason you started your company. You’re here to build your dream into a product, find market fit, and grow. But whether you realizse it or not, legal operations will shape the trajectory of your startup in ways that are hard to see, and even harder to ignore.
Startups move fast. But when legal gets messy, equity grants, cap tables, IP, it can slow everything down. That’s where legal ops comes in. It’s not about replacing lawyers, it’s about reducing friction.
So, what is legal ops?
Legal operations is the behind-the-scenes function that helps you manage the legal and administrative side of your business. That means figuring out when and how to incorporate, keeping your equity and contracts clean, staying compliant, and getting your house in order before investors get involved in the mix.
Now, it’s not the same as legal advice, and again, it doesn’t replace lawyers (*). But legal ops can help you avoid “over-lawyering” and unnecessary spending. Done right, it gives you just enough structure to grow and make strides without stepping on legal landmines.
Why do founders ignore legal ops (until it bites them)?
When you’re bootstrapping or “[pre-]seedstrapping”, every minute is spent building. Back office stuff? That’s tomorrow’s problem. That is until it becomes today’s.
Skip legal ops too long and things start to pile up:
- You forget to issue shares or file your 83(b).
- You download a contract template but never adapt it.
- You have no idea who owns what.
- You lose leverage in a fundraise because your cap table is messy, if any.
- You scare away a potential investor with compliance red flags.
It’s not dramatic to say that a few missed details early on can cost you funding, slow your growth, or even tank the whole venture.
What should you be doing, and when?
There’s no perfect formula, but here’s the rule of thumb: build your legal ops like you build your product – early, lean, and iteratively.
If you’re a repeat founder, maybe you’ve done this before. Maybe you had guidance from a YC partner, a sharp advisor, or a good community. But if you’re a first-timer? You’re often paying to learn – be it money, or an excessive amount of time.
To help founders (repeat or new), below you’ll find a roadmap of the most common legal ops tasks early-stage VC-backed startups will encounter. You don’t have to tackle everything at once, but knowing what’s coming gives you a head start.
Key Legal Ops Milestones for Founders
1. Pre-Incorporation
- When to incorporate (and what to do in the meantime)
- Founders agreements
- Non-compete, non-solicit provision from current or previous company
2. Company Formation
- Choosing between LLC or C- Corp, DE vs NV vs other states
- Naming, share structure (authorized vs issued), split between co-founders, 83(b) filings, EIP sizing, Indemnification agreement for founders
- EIN, DUNS number, foreign qualification
- Tools: Clerky, Stripe Atlas, Carta, Pulley, etc.
3. Non-U.S. Founders
- Visa selection and structure implications
4. IP & Confidentiality
- CIIA/PIIA agreements for all contributors
- Trademark searches & registration
- Patent strategy & filings
5. Financial Stack
- Bank, credit cards, expense systems, bookkeeping integration
6. Contract Management
- NDAs, contractor agreements, ToS, Privacy Policies
- Cloud service agreement, pilot agreement, LOI, MOU
- Workflow for reviewing and signing contracts
7. Equity & Team Operations
- Advisors vs. contractors vs. employees
- Options, stock grants, cap table setup and maintenance
- Percentage, vesting schedule, post termination exercise
8. Fundraising Readiness
- SAFE vs notes: valuation caps, discount, dilution, side letter
- Seed/Series A prep: data rooms, term sheets, board seats, liquidation preference, participation, ROFR, pro rata right, voting right, drag-along/tag-along clauses
9. HR & Payroll Compliance
- Offer letters, employment docs, option grants
- Offboarding processes and compliance
10. Policies You Shouldn’t Ignore
- Expense, travel, device, security, communication, PTO, anti-harassment policies
11. Ongoing Maintenance & Compliance
- GDPR/CCPA
- SEC filings, Form D/A/S, Blue Sky filing, Rule 701
- 3921s, 5500s, BOIR, insurance, etc.
12. Bookkeeping & Tax
- When to start and why
- Federal, state, and DE tax returns
13. Tax Optimization (QSBS)
- Basics of QSBS, and strategies like stacking, packing or rollover
14. Data Room Readiness
- Organizing corporate docs, board materials, financials, commercial agreements
15. Knowing When to Call in the Pros
- When a law firm or accountant makes sense
Last Thoughts
You don’t need to solve every legal ops issue in Week 1, but being aware of what’s coming means you can avoid the scramble later. That’s where we come in!
We help founders like you handle what matters, at the right time, without getting buried in busywork or wasting money on preventable mistakes.
In future articles, we’ll break down how to tackle each of these areas without overcomplicating things. If you need help or even if you’ve solved one of these in a creative way, let us know.
(*) Note: Legal ops is not legal advice and does not substitute for counsel or constitute the unauthorized practice of law (UPL).