Clausewitz Knew
War, wrote the Prussian strategist, is the continuation of politics by other means. Business is the continuation of war by other means. And law is the weapon you either possess or are defeated by.
Clausewitz introduced the concept of the “fog of war” — the informational chaos in which even the finest commander makes decisions based on incomplete data. The entrepreneur lives in permanent fog: shifting regulations, contradictory interpretations, counterparties with unknowable intentions.
A legal retainer is military intelligence. Clearing the fog before you step onto the battlefield.
The Primacy of Prevention
Machiavelli observed that the Romans never avoided war through postponement — for delay serves the adversary, not you. In law, this principle works in reverse: the best legal battle is the one that never takes place.
A contract drafted before a dispute costs a tenth of what a dispute over a poorly drafted contract costs. A tax structure conceived in advance saves many times what a post-audit correction costs.
Prevention is cheaper than intervention. Always.
The Production Function of Tranquility
Ludwig von Mises defined action as the conscious pursuit of exchanging a less satisfactory state for a more satisfactory one. The entrepreneur acts ceaselessly — creating, negotiating, deciding, risking.
But action requires mental space. You cannot focus on growth if part of your attention is perpetually consumed by legal uncertainty. You cannot negotiate from strength if you don’t know whether your contracts are airtight.
A legal retainer produces a scarce good: operational tranquility. The ability to act without constantly looking over your shoulder.
Mises would call it: the rational allocation of resources under conditions of uncertainty.
The Lindy Effect
Nassim Taleb popularized the Lindy Effect: the longer something has survived, the longer it will probably continue to survive. A book that has been in print for a hundred years will probably remain in print for another hundred.
A law firm that has served businesses for two decades has already seen your problem. Has seen it in dozens of variations. Has seen solutions that worked and those that made things worse.
You are not paying for a lawyer’s hours. You are paying for accumulated experience — for the mistakes others made so you wouldn’t have to.
The Asymmetry of Stakes
In every legal dispute, a fundamental asymmetry exists: for you, it is existential; for the firm representing your adversary, it is one case among many. They work nine to five. You don’t sleep.
Ongoing legal services reverse this asymmetry. Your lawyer knows the company, knows the history, knows the context. They don’t need two weeks to get up to speed. They react immediately because they’re not starting from zero.
This is structural advantage — the kind Sun Tzu valued most.
What You’re Actually Buying
You’re buying access. The ability to pick up the phone before you sign. Before you decide. Before you say something that cannot be unsaid.
You’re buying continuity. A lawyer who remembers previous matters, knows your counterparties, understands your industry’s specifics.
You’re buying time. Your own — because you don’t have to search for help when the problem is already ablaze. And response time — because legal matters have deadlines that do not wait.
You’re buying a signal. To counterparties who treat a company with visible legal backing differently. To regulators who know that a professional filing will receive a professional response.
Above all, you’re buying optionality. The right to access help when you need it — without negotiating terms in the middle of a crisis.
Three Models, One Logic
Monthly retainer — a fixed sum, a defined scope. Predictability on both sides. For companies that know how much law they need.
Hours package — flexibility within a budget. You pay for a pool, you draw as needed. Unused hours roll over or expire — depending on the agreement.
Hybrid — retainer for routine matters, hourly rate for special projects. Transactions, disputes, proceedings — things that exceed the ordinary.
Each model answers a different question. Retainer: what will this cost? Hours package: how much will I actually use? Hybrid: how do I combine predictability with flexibility?
What We Do
We review contracts — before you sign, not after.
We negotiate terms — as a shield between you and the other side.
We monitor the law — changes, interpretations, rulings that may affect you.
We represent in proceedings — administrative, judicial, before regulators.
We structure transactions — so that taxes are legal and optimal.
We vet counterparties — because trust is good, but due diligence is better.
We create documentation — bylaws, procedures, policies, everything the law and common sense require.
We answer questions — the urgent ones and those that seem trivial but aren’t.
