Legal issues in new venture development

Abstract

During 1986, approximately 270 early-stage entrepreneurs sought informotion on almost 1,000 legal issues from the Small Business Student (Legal) Clinic, a program run by the New Venture Development Group at The University of Calgary. Using a combination of legal file information and survey data from 100 of these clients, the authors looked at three central questions: 1. Whether entrepreneurial clients were able to identify legal issues affecting their business, and if so, to what extent? 2. Whether stage of venture development was related to the legal problems identified, and 3. Whether failure to identify legal issues affected subsequent business development. Data from the client surveys was used to determine whether clients were made aware of new legal issues and to assess client follow-through behavior; in particular, whether the clients altered or abandoned their business strategy as a result of receiving new information to determine whether these results varied according to stage of venture development. Client files were placed in four broad categories: concept only, prototype development and business planning, pre-selling and financing, and early operation. The data revealed that new venture clients underestimate the amount of legal support they will require at the early stages of venture development. Ninety-one percent (91%) of clients asked clinic personnel to provide information on one or more additional legal issues of importance to their venture. Client files also indicated that while most clients were able to identify and respond to a perceived need to protect personal property, few were able to identify the myriad of other regulatory controls and legislation which would directly impact on their business venture. Failure to understand relevant legal issues resulted in 44% of all clients altering or abandoning their original business strategy when new legal information was received—many clients in the early operational stages. An assessment of the costs associated with these changes was not made. However, the authors discuss the likely costs incurred by entrepreneurs in a number of common situations. The data also revealed the dominance of certain legal issues at various stages of venture development and suggested some logic for an ordering in the legal priorities of newly developed business. The authors conclude: • University based legal assistance clinics can help entrepreneurs identify legal issues that might otherwise go undetected. • The most common legal issues identified by entrepreneurs were related to the protection of personal assets and business ideas. • Different legal problems tend to dominate at different stages of venture development. • Many clients alter or abandon their original business strategy after receiving new information.