Try Before You Buy: Why Fractional General Counsels Are Solving the Startup Legal Gap

The Low-Risk Path to Legal Leadership

There's a gap in how many startups approach legal leadership. They know they need it. They're not quite sure what it looks like. And they're even less certain about when to commit to a full-time General Counsel.

This uncertainty isn't new, but the solution increasingly is.

Fractional General Counsels are stepping into this space, and not just as a stopgap. For Series B and C tech startups in particular, the model is proving surprisingly effective. Not because it's cheaper (though it often is), but because it solves two problems that traditionally come bundled together: uncertainty about the role itself, and complexity in the sales process.

This piece explores why fractional legal leadership has gained traction, what problems it actually solves, and when the model stops making sense.

What a Fractional General Counsel Actually Does

A fractional General Counsel works part-time or on a project basis, typically one to three days per week. They provide strategic legal leadership without the commitment or cost of a full-time hire.

Unlike external law firms, who bill by the hour and get called in for specific matters, fractional GCs operate more like internal counsel. They sit in leadership meetings. They understand the business strategy. They spot legal risks before they become expensive problems.

The role typically includes:

• Reviewing and negotiating commercial contracts
• Building contract playbooks and legal processes
• Supporting enterprise sales cycles
• Managing external counsel on specialist matters
• Advising on regulatory compliance and risk
• Providing commercial judgment on business decisions

What they don't do is handle high-volume, low-complexity work. That's what legal ops or paralegals are for. Fractional GCs bring senior judgment, not administrative capacity.

The model has grown partly because experienced General Counsels are increasingly choosing portfolio careers. They've done the full-time grind at tech giants or scaleups. Now they prefer working across multiple companies, bringing pattern recognition from one business to another.

Problem One: Startups That Don't Know What They Don't Know

Most Series B founders have never worked with a General Counsel before. They know legal risk exists. They understand contracts need reviewing. But translating that into a full-time hire is a different matter entirely.

The problem isn't capability. It's clarity. What does a good General Counsel actually do day to day? How do they fit into the leadership team? What's reasonable to expect in year one?

A fractional engagement answers these questions through experience, not guesswork.

How the 'try before you buy' model works in practice

Here's a typical scenario:

A SaaS company has just raised Series B. Revenue is growing. The sales team is closing bigger deals. Contracts are getting more complex. The founder knows they need legal support but isn't sure what shape that should take.

They hire a fractional GC for six months, two days per week.

During that time, the founder sees:

• Contract playbooks being developed so sales reps know which terms are negotiable
• Vendor negotiations being handled more effectively, saving money
• Board-level strategic advice on things like data privacy compliance and IP protection
• Enterprise sales support that materially shortens deal cycles

After six months, the picture is clear. Either the startup converts the arrangement to a full-time hire, or the fractional GC helps them recruit a permanent General Counsel who's the right fit.

This isn't theoretical. It's exactly how many experienced fractional GCs position their services. The value isn't just legal work. It's showing founders what good legal leadership looks like.

Problem Two: Moving From SMB Sales to Enterprise Customers

The second problem fractional GCs solve is more immediate and often more expensive if handled wrong.

When startups shift from small-ticket sales to winning their first enterprise customers, the legal game changes completely.

Enterprise procurement teams have seen every negotiating trick. They know where leverage sits. They have legal teams whose job is to push risk back onto vendors. And they're negotiating with startups who often don't realise how outmatched they are.

What happens when startups don't have experienced counsel

Founders typically make one of two mistakes:

One: They accept contract terms they shouldn't, because they don't know what's negotiable. Liability caps that are too high. Indemnities that are too broad. Payment terms that hurt cash flow.

Two: They dig in on terms that don't matter, damaging relationships and slowing deals down unnecessarily.

Both mistakes are expensive. The first creates long-term risk. The second costs revenue.

How an experienced GC changes the dynamic

An experienced General Counsel who's negotiated hundreds of enterprise contracts brings two things startups desperately need:

Commercial judgment. They know which terms actually matter and which are posturing. They know when to hold the line and when to move quickly.

Credibility. Enterprise buyers assess supplier maturity partly through how professional the legal process feels. A startup with an experienced GC handling negotiations signals they're a serious player.

The impact is tangible. Deals close faster. Terms are more balanced. And startups avoid signing contracts that create problems two years down the line when they try to raise their next round.

The Economics: When Fractional Makes Financial Sense

Fractional GCs aren't just cheaper versions of full-time hires. They solve a timing and capacity problem.

Here's roughly how the numbers work:

Note: Costs vary significantly based on experience, sector expertise, and time commitment. These figures are indicative for the UK market.

The calculation isn't purely mathematical. A £120k fractional engagement might save £80k versus a full-time hire. But if that fractional GC closes enterprise deals worth £2M because they structured agreements properly, the ROI becomes obvious.

Hidden costs of not having legal counsel

The alternative isn't free. Without internal legal leadership, startups typically rely on:

• External counsel for everything – expensive, slow, and they lack business context
• Founders handling legal work themselves – slow, risky, and terrible use of their time
• Junior in-house lawyers without senior oversight – cheaper but lacks the judgment that matters most

Each option has a cost. Usually higher than founders realise.

The inflection point

Fractional stops making sense when legal work becomes consistently high-volume or when the business needs someone embedded in company culture full-time.

That usually happens when:

• You're hiring a legal team and need someone managing them daily
• Regulatory or compliance work requires constant oversight
• You're in heavy litigation or preparing for an IPO
• Growth has hit a pace where fractional capacity creates bottlenecks

For most Series B and early Series C startups, that inflection point is 12 to 18 months away. Which makes fractional a smart bridge.

What Good Fractional GCs Bring (Beyond Legal Advice)

The best fractional General Counsels aren't just contract reviewers. They bring something harder to find: senior judgment and pattern recognition.

Commercial judgment

They understand when to be pragmatic and when to hold the line. A junior lawyer might flag every risk. An experienced GC knows which risks actually matter to the business and which can be accepted with eyes open.

Hiring expertise

Many fractional GCs help recruit their own replacement when the startup is ready for a full-time hire. They know what good legal counsel recruitment looks like because they've been through it multiple times. They understand what skills the business actually needs, not just what sounds impressive on a CV.

Network access

Experienced GCs have deep networks. They know specialist external counsel in every area. They can connect founders to other advisors, investors, and operators who can help.

Pattern recognition

This is the big one. A fractional GC working across multiple startups sees problems before they become expensive. They've watched companies make the same mistakes. They know which shortcuts create technical debt and which save time sensibly.

Board credibility

Having an experienced GC signals maturity to investors and board members. It shows the business is taking risk management seriously. That matters more than founders often realise, especially when raising the next round.

Common Myths About Fractional General Counsels (And What's Actually True)

Myth: Fractional means 'less committed'

Reality: The best fractional GCs are often more experienced, not less. They've chosen portfolio careers deliberately, after building deep expertise at tech giants or scaleups. They're not looking for full-time roles because they prefer the variety and intellectual challenge of working across multiple businesses.

Myth: You don't get strategic input, just execution

Reality: Fractional GCs typically operate at exactly the strategic level startups need. Execution can be delegated downward to paralegals or legal ops. Senior judgment cannot. That's what you're paying for.

Myth: It's just a cost-cutting measure

Reality: The value proposition is access to senior expertise you couldn't afford (or don't yet need) full-time. It's about right-sizing, not downsizing. Many startups using fractional GCs would otherwise rely entirely on external counsel, which often costs more and delivers less strategic value.

Myth: You'll struggle with availability

Reality: Well-structured fractional arrangements include clear availability commitments and urgent-access protocols. Most fractional GCs are responsive outside their committed days for genuinely urgent matters. The key is setting expectations clearly from the start.

Is Fractional Right for Your Startup?

Fractional General Counsel arrangements tend to work best when:

• You're moving from product-market fit to scaling sales
• Your deal sizes are growing, and contract complexity is increasing
• You've never had legal leadership before and need to understand what good looks like
• You're 6-18 months away from needing full-time legal leadership
• You're raising or have recently raised Series B or C funding

The model starts to break down when:

• Legal work requires consistent daily presence (heavy regulatory, litigation, or ongoing compliance demands)
• Your growth has hit a sustained pace where fractional capacity creates bottlenecks
• You need someone embedded in company culture full-time

If you're unsure which category you fall into, that's exactly where an in-house legal recruiter can help.

How In-House Legal Recruiters Can Help

Whether you're considering a fractional General Counsel or ready to hire your first full-time legal leader, the decision benefits from specialist perspective.

As in-house legal recruiters, we work with startups at exactly this stage regularly. We understand the difference between what founders think they need and what actually solves the problem they're facing.

Sometimes that's introducing you to experienced fractional GCs who can test-drive the role with you. Sometimes it's general counsel recruitment for a permanent hire. And sometimes it's helping you understand you're not quite there yet, and explaining what 'there' actually looks like.

The best in-house legal recruitment doesn't start with CVs. It starts with understanding the stage your business is at, the complexity you're dealing with, and the leadership model that actually fits.

Trying to Work Out Whether Fractional Legal Leadership Makes Sense?

Speak to one of our consultants for an honest assessment of your options – including whether you're ready for any form of General Counsel at all.

We work with startups and scaleups to find the right legal leadership at the right time. Not too early. Not too late. Just right.

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