SCOPE OF HEMP/CANNABIS REPRESENTATION 101
We’ve already broadly discussed the importance of setting expectations with hemp and cannabis clients, but let’s dive into the specifics. Any discussion about client expectation brings up the question of how the client will go about paying for your services and the scope of representation that payment goes towards. Tread extremely carefully charging a flat fee unless you are confident that you can gauge the amount of work that will be required. Guessing at an appropriate flat fee can be particularly problematic when offering licensing services to a hemp or cannabis client since the process can be night and day from jurisdiction to jurisdiction. If you do choose to go with a flat fee, make sure your scope of representation is crystal clear. Your contract should not generically state: “Retail licensing services.” Rather, at the very least, it should state “Licensing (specify local, state, or both) services for “X” type of license in “Y” jurisdiction for “Z” application window,” or something to that effect. Charging a flat fee without spelling out the specifics runs the risk of a hemp or cannabis attorney being on the hook for services for a longer period of time than they signed up for. Billing hourly presents its own challenges, but it may be the safest way to go…
DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.