Spark Capital will now pay their own legal bills

As an angel investor, always investing through a syndicate, it's just far easier to have the company pay the bill. But keep in mind that they're paying with the money that the investors give them, and that this is the EXPLICIT deal.

When I lead a syndicate deal, I am the person that works with the investors' lawyer to get the deal done. But I'm never the majority of the round (or even the largest single investor.) But being the person who retained the lawyer for the investor group, I am on the hook for the bill.

I'm happy doing the work of getting the deal papered, but I wouldn't be happy if I had to pay the whole legal bill when I'm only putting in 10-20% of the round's money.

There are two ways to share the expense:

1) I pay the lawyer then go around to the other investors asking them to pay me their piece. Anyone who has ever been saddled with being the payor of the bill for a large group of people at a bar or restaurant knows how this turns out. Some people forget, some people argue that they should pay less, and it's a huge logistical hassle creating nothing but bad feelings. I suppose I could get each investor to sign something saying they would pay me their share, but that's just more legal expense.

2) We up-front tell the company that they are paying the investors' legal bill (last time I did this, the bill was $6k, the cap was $10k: I don't do fancy deals.) The company factors this into their calculation of whether the investment structure is one they want to accept or not.

Number 2 is nothing more than a structural convenience. But without it I wouldn't take on the burden of leading deals: it would be more trouble than it's worth (note that, as lead, I get the exact same economic terms as the rest of the group, so I'm essentially doing free work when I'm leading and the other investors get the benefit.)

So I'm sticking with having the company pay the legal bill. If we're negotiating a deal and this (or any other term) seems unfair, we need to sit down and talk about it. Once my money is in your bank account and a couple of your stock certificates are under my mattress we're on the same team. We both have a huge incentive to make sure neither of us feels like we've been taken advantage of.

1. On the authenticity scale, meme language is at the very bottom. Anything is an improvement.

2. I didn't tell them what to say, only what not to say. Putting words into their mouth might have been inauthentic, but that's not happening here.

3. Just because people are "behaving the way they are", doesn't make it authentic. In case you haven't realized, we live in a world filled with constant sophisticated attempts at mass behavior modification. We are all victims from time to time, and behooves us to at least be introspective and aware of when we are. (not that meme language is a part of that, it's more an accidental artifact of networked humanity, but point generally applies).

4. Using memes is a rhetorical crutch for lazy writing.

Actually, that's not entirely true. If lawyers bill inappropriate charges, you don't have to pay those charges. Inappropriate charges include excessive hours, administrative tasks, overhead, or other charges you disallow based on your agreement (commonly called Billing Guidelines). Based on data I've worked with (insurance companies, financial services company, real estate firms) those inappropriate charges are anywhere from 5-15% of the total. Usually 5-10%.

The advantage of having the VC pay the legal bills is that they are a bigger fish and can more easily put in place and enforce the legal billing guidelines. Also, as a much more likely repeat customer, the VC will likely get better bills to begin with.

All startups start by scratching the surface. Clerky doesn't plan to limit itself to startup deal docs forever.