Practice Area

Strategic & Outside Counsel

Some matters do not require litigation. They require judgment — sustained, senior, and discreet — applied to questions whose answers will shape what happens later. The firm provides outside general counsel and strategic advisory services to businesses, executives, boards, and in-house teams on white collar risk, federal investigations exposure, and complex regulatory matters.

How outside counsel works at FALC

Outside general counsel relationships are not a substitute for transactional, employment, or IP counsel. They are a deliberate layer of senior judgment on the issues that need it most — investigation readiness, regulatory exposure, sensitive personnel matters, board reporting, and crisis response.

Engagements the firm takes on

  • Outside general counsel on federal and regulatory risk
  • Investigation readiness assessments and internal control reviews
  • Privileged risk reviews of sensitive business arrangements
  • Board and audit committee advisory work
  • Sensitive employment and whistleblower matters
  • Crisis response and incident management
  • Government-facing strategy — agency engagement and disclosures
  • Compliance program review, design, and remediation
  • Strategic counsel to in-house teams and other outside firms

Investigation readiness

Most businesses learn how their incident response works only when something goes wrong. A short readiness engagement — reviewing preservation policies, escalation paths, document retention, internal investigation procedures, and government-contact protocols — closes the gap before it matters.

Privileged risk reviews

When a business arrangement, billing practice, or compliance question raises concern, a focused privileged review can quietly answer whether the concern is real, what the exposure looks like, and what (if anything) should be done.

Board and committee work

Senior, candid counsel to boards and audit committees on the matters they cannot delegate — executive misconduct allegations, regulatory inquiries, whistleblower reports, and crisis events.

Crisis response

When a matter becomes urgent — federal agents at the door, a press inquiry, a board member learning something they didn’t know — the firm steps in as the calm, senior voice in the room and stays through resolution.

When to bring the firm in

The firm is most useful early. Some signals to call:

  • Your business has federal regulatory exposure but no current crisis
  • The board needs a senior outside voice on a sensitive matter
  • A whistleblower report has been received internally
  • Existing counsel needs federal-side strategic support
  • A compliance program needs a candid, privileged review
  • An executive needs personal counsel on a workplace matter
  • A short-notice issue has just become an emergency

Why clients choose Fernald Advisory

Senior judgment, applied directly

Outside counsel work is not delegated. The attorney advising the board is the attorney whose name is on the door — and the same attorney who would handle the matter if it escalated.

Federal-side perspective

Twenty-eight years of federal experience means knowing which risks become investigations, which become declinations, and which become trials. That perspective sharpens every advisory engagement.

Discretion as a standard

Sensitive matters require the firm to behave as though no one will know it was involved. That is the working assumption on every engagement.

Frequently Asked

What clients often ask

Is this a replacement for in-house counsel?

No. It complements in-house teams and traditional outside counsel by adding focused, senior judgment on federal and regulatory risk — the areas where the gap between ‘routine’ and ‘crisis’ is the narrowest and the most consequential.

How are engagements structured?

Most engagements are project-based or matter-based, with hourly billing. A retainer model is available when a continuing advisory relationship is the right fit. Engagement letters are clear, and the scope is defined up front.

Do you work with our existing outside firm?

Often, yes. Many engagements come from other outside counsel who want a federal-side strategic partner on a matter their firm is otherwise handling. That relationship is structured to make the existing firm’s work easier, not harder.

Will conversations stay privileged?

Engagements are structured to preserve attorney-client privilege and work-product protection wherever possible. The firm is candid about the limits of those protections in any given matter and structures the work accordingly.

Discuss a federal matter

Confidential consultations with Michelle Fernald. Serving Austin, San Antonio, Dallas, Houston, El Paso, and federal courts nationally.

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