Mark Jay Hartenstein

Legal expertise combined with a unique, extensive business and technology background.

• Unlike many attorneys who only practice law I have many years of diverse business experiences.
• During my business years I worked as an employee, consultant and founder which gave me a greater understanding of the challenges of running and starting a business.
• My industry experiences include working in these industries: advertising/ manufacturing/ accounting/ construction/ software/ utilities/ wholesale and real estate sales/ property management.
• My software experiences runs from training to designing to developing applications for desktops, smartphone and internet platforms.

My different positions and varied industry-experience when coupled with my legal experience provide me with a unique perspective and insight into different industries and business-legal situations.  

Typical client assignments include: business formation for partnerships, LLCs and corporations; sales/employment and related contracts; issues that arise with internet websites like ecommerce, privacy, user agreements, social media); extensions of business planning to succession issues. business sales and estate planning . My extensive training and experience in mediation also enhances my ability to anticipate and resolve issues before they need result in litigation as well as can help a client prepare for negotiations and mediation.

 

Cost effective legal advisor.  Client meetings are minimized and as a "tech-savvy" attorney I can work more efficiently with clients online through a secure private website so the privacy risks of email are eliminated and confidentiality convenience and fast-turnaround for my clients are enhanced.  I also offer my expertise in mediation, copyright, trademark and internet law to clients beyond Idaho. My approach to legal fees is to:

• Fixed fees for certain types of assignments.
• Estimates and not to exceed retainers including written engagement letters defining the assignment for clarity for both client and attorney.

• For financially strapped startups and those "starting over" I offer a sliding scale of hourly rates when justified.

   

Mediation. As a mediator I have worked for clients in California, Utah, Washington and Oregon as well as Idaho. I have settled over 95% of the cases I have mediated. My mediation experience is suitable for acting as a neutral for disputes or for partnering as well as training in-house managers and staffs on mediation. Of course for my own clients I would represent them rather than act as a neutral and can bring to bear on the resolution process my experience on my client's behalf.

 

Philosophy about practicing law. Practice prevention -- as in most other areas of life, preventive actions can often avoid or at least minimize litigation risks.  Where possible I build mediation and arbitration into legal agreements.  And since most cases that go to litigation settle (over 95%), I recommend mediation to resolve disputes because of the costs uncertainties and distractions of litigation. 

 

And, I view how you implement legal agreements and policies as part of an integrated approach as to how your services and / or products are presented.  
One that reflects, protects and supports your business practices and one that extends to everywhere you engage with prospects and clients.  This includes protection your intellectual property and supporting how you present your business and yourself on the internet as well as interacting in the physical world.

 

 

 

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