IDEAL COUNSEL APLC

Founded in 2004, iDeal Counsel set out to "change the way you think about lawyers." That was even our tagline.  But over time, we came to recognize that we might need to change our own mindset first ....

After all, law, as we know it, is simply an expression of our worldview.  And there is plenty of evidence that our worldview needs to change given that old legal and governance structures don't adapt well to today's social, political, economic, and ecological realities.  Could it be that our worldview also limits the ways in which we think about the law?  If so, how might we break new ground and help the law evolve and transform to radically better ways of practice that draw out more of human potential?  From this question, we focus on transactional legal practice where the future of business and social enterprises is made. 

Smarter deals, stronger relationships

Deals are one of the most powerful and challenging ways for enterprises to drive growth and for ecosystems to transform.  Though the returns can be enormous, so can the risks. 

Ever wonder why deals fail?  We did and researched it.  What we learned was surprising.  A 1999 KPMG study showed that between 53-83% of deals are unsuccessful at creating any new shareholder value whatsoever.  More recent studies affirm this reality.  So, in spite of the money paid to lawyers, investment bankers, accounting firms, and strategic consultants, the majority of deals do not meet expectations, let alone exceed them.  Many deals fail due to a lack of coherence among the choices taken in designing, negotiating, and implementing them.  But the predominant reason is too narrow a focus on legal and financial issues to the detriment of relationships with stakeholders, cultural differences, and synergies arising from the deal.  (By stakeholders, we mean society, partners, investors, customers, and employees.)  These findings are consistent with our own lived experience, especially while practicing in Big Law. 

The last twenty or so years have encouraged "win/win" approaches to negotiation in which the parties' positions, needs and interests are differentiated and reconciled to maximize individual gains.  But what "win/win" misses entirely are the synergies generated by the deal itself.  By emphasizing only what is known at the time of negotiations, the parties fail to tap into latent value underlying stakeholder relationships, let alone create the conditions necessary for the highest and best "whole" to emerge from the "parts" being put together. 

Positive sum relationships trump zero sum transactions.   We synthesize best practices in structuring, negotiating, and documenting transactions with new process design tools that strengthen relationships and optimize the financial power of tangibles like vision, strategy, brand, human capital, innovation, environmental and social reputation, transparency, moral leadership, and ethics.  Our unique approach blends breakthrough ways that maximize value and minimize risk for smarter deals that benefit stakeholder relationships.

Where design thinking means deal making

We draw from a designer's toolbox to conceive, structure, plan, negotiate, and realize deals that serve individual and collective interests within an ecosystem of stakeholders.  We take a human-centered focus that cultivates trust, participation, and collaboration while unleashing the strategic insight and creative foresight necessary for real world success. 

As experts in negotiation, conflict, dialogue processes, and creative problem solving, we offer clients the tools to engage complex and complicated problems with greater inspiration, skill, and fortitude.  Like designers, we know that a deep, empathetic understanding of stakeholders helps to reveal the hidden needs, interests, values, and relationships that affect whether, how, and what type of agreements can be reached.  By visualizing ideas and rapidly prototyping strategies, we make the intangible tangible while discovering new ways of looking at underlying challenges, issues, and opportunities.  As lawyers, we offer vast knowledge of all the "ins and outs" while guiding you through the legal, strategic, and operational implications of your decisions.

Beyond deals, design thinking offers a springboard for innovation of law and its practice.  By viewing substance and process from multiple perspectives, we provide better legal advice because we can more readily adapt traditional ways of doing things so that the law is not a barrier for innovation, but rather a catalyst.  We also discover more simple ways of conveying the complexity of the law so that it is more readily understandable by employees, customers, and other stakeholders.  This leads to stronger, more satisfying relationships all around.

Right price, right work, right value

When it comes to legal fees, we are redefining value in a game changing way.  Our client- and matter-centered approach means that we tailor each engagement to its unique attributes to deliver efficiency, cost predictability, and unsurpassed value.  We look for opportunities to partner with our clients over the long term, even sharing in the risk. 

In structuring our fees, we take into consideration the size and nature of each client (e.g. profit, non-profit, early stage, cash flow positive), the complexity and novelty of the issues, the strategic goals, and the potential impact of our representation on the enterprise and its stakeholders.  We strive for "appropriate fee agreements" that flex and adapt to changing needs and circumstances while reflecting the right value for the right work at the right price. 

Hourly-based billing is a time-honored tradition in legal services, and we offer reasonable rates that are below market as compared to larger law firms offering similar depth and breadth of expertise.  Depending on the matter, we can also offer alternatives such as flat fees, fixed fees with collars/caps, phased fees, success fees, broken deal fees, retainers, and monthly fees for ongoing representation.  In some cases we will agree to offset a portion of our fees with equity or other incentives.

As lawyers, we are familiar with variables that could affect the timing, performance, and cost of the services we perform.  We share that knowledge with you by offering transparent legal budgets, simplified billing, and regular cost updates between invoice cycles.

 Being the change we wish to see

Some say the practice of law is broken.  It is certainly a profession in flux and undergoing major transformation.  We stand for change and ask that you help us co-create new offerings and ways of working that best support your initiatives.  After more than 17 years in service to our clients, we recognize that our success reflects our commitment to continually reimagine and renew ourselves.

More broadly, we aspire to help the law transform from confining structures full of prohibitions and loopholes to liberating structures that empower and enliven us all within a more promising world.  We believe immersion of heart into whatever we're doing leads us beyond excellence.  This is the philosophy we bring to each engagement.  And this is the artistry of our practice as lawyers making a small difference, one client and one deal at a time.  

With 25+ years experience as a transactional lawyer, Jason is known for his ability to draw up and negotiate deals that maximize joint gains and create lasting value for his clients, even in the most contentious high-stakes situations.  Trained and seasoned at top-tier global law firms, most recently Jones Day and Fenwick & West in Silicon Valley, he has held lead responsibility for structuring, negotiating, and closing hundreds of sought-after deals involving stakeholders all across the globe, skillfully balancing legal, strategic, operational, and cultural aspects.

Jason's practice lies at the intersection of law and design, specializing in general counsel services that integrate strategy and corporate development with hands-on, day-to-day legal risk management.  He works closely with boards and executive leadership to envision, structure, develop, and implement business models that leverage collaboration to create new market channels and reinvent existing ones. He also serves as trusted advisor to product, marketing, and engineering teams in the design and development of innovative products and services, assuring legal compliance while also navigating the ambiguities of first impression legal issues.  With a specialty in regulated industries, he helps new technologies gain traction and acceptance within a complicated, continually evolving legal landscape.

Jason is also internationally recognized as a mediator and facilitator in complex negotiations, systemic conflicts, and multi-stakeholder engagement.  In 2015, he was appointed to the Mediation and Dialogue Expert Roster for the Organization for Security and Co-operation in Europe (OSCE) in Vienna, Austria.  In 2013, he served part-time as Mediator to the Organization for Economic Co-operation and Development (OECD) in Paris, France, where he analyzed systemic drivers influencing its own internal conflicts and designed strategies and professional learning programs to enhance organizational effectiveness.

A scholar practitioner, Jason was Lecturer in Law at Stanford Law School (2016 to 2017) where he taught 5 cohorts in Advanced Legal Writing: Business Transactions.  He also taught 25 cohorts in negotiation and conflict resolution as adjunct professor at Berkeley Law (2010 to 2017) and UC Hastings Law (2008 to 2015). Drawing on his experiences involving the challenges that people and organizations face as they navigate their way through conflict, uncertainty, and ambiguity, Jason has developed new frameworks for learning leadership in the midst of action, which he has presented and taught at academic and professional venues in the U.S. and abroad.  In 2012, he was named a Socrates Fellow at Aspen Institute.  He is also co-founder of Renew Law, The Lawyer's Leadership Initiative. 

Jason received his law degree with honors from University of Florida, where he was associate editor on The Florida Law Review, and his bachelor's degree in Political Science with Pi Sigma Alpha honors from Colgate University.  He earned a Diploma in International Commercial Arbitration at The Chartered Institute of Arbitrators, UK, where he later became a Fellow.  He also received certifications in mediation and deal design/implementation from Harvard Law School, and completed advanced training in mediation and dialogue processes at The Folke Bernadotte Academy, Swedish Agency for Peace, Security and Development.

A lifelong learner, artist, writer, and musician, Jason's distinctive background brings a rare measure of creativity to the practice of law.  In early times, he was an amateur competitive classical pianist.  A native of Canada, Jason is proficient in French and Greek with basic knowledge of German and Spanish.

iDeal Counsel provides full-service enterprise counseling to non-profits, businesses and other initiatives across many industry sectors including software, mobile, internet, social media, gaming, advertising, retail, consumer products, clean tech, energy, law, education, health, life sciences, shared economy, travel, artisan food, and wine. 

Deal Mediation