Originally posted by @Jillian Sidoti:
@Joseph Bramante - I understand your desire to save on legal fees. I am the cheapest person in the world. If I could do any of the following things on my own, I would:
1. Appendectomy.
2. Change the brake pads on my car.
3. Build a website.
Just because I CAN (sort of) doesn't mean I SHOULD. You are missing out on the advantage of having an attorney's malpractice insurance to lean on in the event something DOES go wrong. Although the securities law protects you from accredited investors (somewhat), lawsuits for fraud, misrepresentation, and contract claims do not differentiate between the accredited and the unaccredited.
Also, I don't want to seem like I am piling on Joseph, but I want to make a comment on the "Top 20 law firm" thing - on numerous occasions, I have taken a "Top 20" lawyer to school on simple securities matters. For this type of specialized work, the Top 20 thing doesn't matter as much as the experience/knowledge base. I never worked at a Top 20 firm - I never had the desire to. Heck, I never worked for another law firm other than my own. Prior to practicing law, I was a real estate syndicator for condo conversions in San Diego. Just want to give a little perspective on this before people start believing they have to spend thousands upon thousands of dollars for a Top 20 firm.
I've done #2, its sucks. won't be doing that again.
If you are an experienced syndicator, you won't being doing any of that stuff you mentioned. Otherwise you wouldn't have lasted as long as you did in the industry.
And I never said anything about using a "Top 20 law firm" for securities matters, I was referring to them for the Operating Agreement. Two different things. However I am sure you have schooled a lawyer or two at a top 20 firm, though you may be the exception :) And the reason i recommend the Top 20 firm is more for deal experience than pedigree. A big real estate firm is more likely to use a pedigree firm with thousands of attorneys on payroll than somebody who runs their own practice. Therefore, when you use that pedigree firm as a client, you get the benefit of using the same agreements that the guys 10x your size are using, but you are also paying the same price as them, maybe more, so its probably not something you want to do right out of the gate. We waited until our 4th deal to do it but it was a huge difference compared to the OA we were using from a smaller firm downtown.
Just to repeat, I don't write my own PPMs and I do outsource it. I do, however, know larger groups that only deal with accredited investors who write it themselves. They could afford to pay any legal fees should something occur, especially with the hundreds of thousands they would be saving in legal fees over the course of a few years for PPMS.