Generally, there are no glaring problems with this set up for your company. However, there may be some practical considerations you may want to keep in mind. From the onset, having a distant lawyer-client relationship could create a delay or miscommunication in regards to your legal matters. Also, you may have difficulty reaching your lawyer at certain times due to the time difference between the coasts, which may also cause some headache.
Aside from the practical implications, there are really no major concerns otherwise. That being said, you should also be mindful that State laws vary, and a lawyer in Silicon Valley may not be as well-versed in NY law. Most likely, your CA attorney would have to spend additional time familiarizing themselves with NY requirements and laws, which could ultimately end up costing you much more money in the long run.
To be honest, there is a huge market of highly qualified startup attorneys right in the NYC area. You should take a look at our site, LawTrades. Here, you can connect with pre-vetted attorneys with years of experience. You can connect with our attorneys 24/7, and can conduct a majority of your legal work through our platform (which is helpful if you are working with an attorney across the country).
I completely understand that you have a lawyer you are already set on. I think it is extremely important to find an attorney that you feel comfortable and confident in. From the way it sounds, this CA lawyer fits your needs very well, and I encourage you to hire someone that “feels right.” In the same instance, I would consider these few factors before making your ultimate decision:
1. Practicality: Can this CA attorney still give you competent legal representation from abroad?
2. Convenience: Will having a CA attorney cause unnecessary delay or become an added hassle? Many startups will work directly with their lawyers in the early stages, and this develops a close working relationship. It may be difficult to facilitate such an environment with an attorney not within reach.
3. Familiarity with NY law: Does this attorney have the requisite knowledge of NY law, or can they educate themselves on the topic without driving up your legal costs?
As the founder of two different tech-based startups, I understand how important the early stages can be. Honestly, your attorney does not need to be at every meeting, but it is absolutely helpful to try to include them as much as possible. Having your attorney adequately informed about your business matters, and including your counsel in your team, can create a strong core business model that will receive the best guidance moving forward and be best fit to succeed.
I hope this answer is helpful. Feel free to visitfor any of your startup legal needs. Our marketplace makes the legal experience easier and affordable. I am always eager to help out fellow startups, so if there is anything else I can do, please don’t hesitate to let me know. Best of Luck!