Summary

The website content provides guidance for authors and writers to legally protect their writing business through affordable strategies.

Abstract

The article titled "Authors and Writing Pros, It’s Time to Lawyer Up" outlines nine cost-effective ways for writers to incorporate legal protections into their businesses. It emphasizes the importance of understanding legal matters, such as contracts and intellectual property rights, and suggests establishing an LLC as a fundamental step for asset protection. The article recommends utilizing resources from NOLO, having an affordable lawyer on standby, and taking advantage of legal perks offered by professional associations. It also advises on the use of subscription-based legal services like Rocket Lawyer and considering insurance options. The text underscores the value of preventing conflicts, addressing them promptly, and embracing mediation as a cost-effective dispute resolution method. Overall, the article promotes a proactive approach to legal matters as a crucial aspect of a writer's business strategy.

Opinions

The author believes that legal knowledge and preparations are not just for large corporations or those involved in dubious activities but are essential for creatives to ensure peace of mind and professionalism.
Establishing an LLC is presented as a straightforward and beneficial step for writers, particularly those earning over $50,000 annually or who are keen on protecting their assets.
Using NOLO's resources is highly recommended for accessing a wealth of legal information and affordable tools tailored for small businesses.
Having a go-to affordable lawyer is seen as a wise investment, and the article suggests leveraging personal and professional networks or specialized organizations to find one.
Professional writer associations are valued for their legal benefits, such as contract reviews and legal assistance, which can outweigh the cost of membership.
Legal help by subscription, such as Rocket Lawyer, is touted as a convenient and economical option for ongoing legal needs.
The author advises writers to be aware of insurance options that can cover legal expenses, highlighting a personal experience where basic business insurance proved invaluable.
Preventing conflicts is considered preferable to dealing with them after the fact, with the author advocating for working with honorable people and planning for potential issues in advance.
When conflicts do arise, the article suggests addressing them early and not shying away from direct communication to resolve disputes amicably.
Mediation is strongly endorsed as an efficient, affordable, and amicable alternative to litigation, with the author encouraging the inclusion of a "mediate first" clause in contracts.

Authors and Writing Pros, It’s Time to Lawyer Up

9 affordable ways to build legal protections into your writing business

Photo by Mateus Campos Felipe on Unsplash.

Why would, why should, authors, writers, and similar creatives buttress their career with a range of legal protections? Isn’t that for bigger businesses? Those engaged in shady dealings or jockeying for extra advantage? What does a world of boring, messy, ugly, unpleasant, legalistic intricacies have to do with me, you may be wondering? Well, a lot…

Proper cushions and enough legal knowledge and fortifications bring peace of mind. All the things that protect your well-being, ability to enjoy life, and capacity to do your work and make a living unhindered comprise a well-rounded plan of defensive entrepreneurship.
Understanding and wielding legal resources demonstrates to others your business savvy and the level of professionalism you bring to your work. And that alone creates another layer of protection.
Contracts and their various clauses can have short- and long-term implications you need to know about that affect a range of things, including payment terms, intellectual property rights, confidentiality, and liabilities.
Offload tasks beyond your wheelhouse and personal interests to the right pro. This is especially useful for things like cease and desist letters and collecting large unpaid sums.
Prevent, mitigate, and navigate lawsuits and threats of lawsuits.

Establish yourself as an LLC

One of the simplest things you can do to broadly protect yourself and your assets from lawsuits is to do business as an LLC, a limited liability company. LLC’s are an easier (significantly faster and less paperwork) and cheaper (you can usually do it on your own and fees are much lower) way to have the protections of a corporation for those who would otherwise be sole proprietors. Costs and ease of establishing yourself as an LLC vary from state to state, but consider it as another layer of ongoing insurance. There’s typically the one-time fee to establish your company in the state; a one-time fee to register the assumed name; and an annual filing fee. One Writer’s Digest article suggests that becoming an LLC is worth it for anyone earning over $50,000 a year from their writing, but I’d also consider how important it is to you to protect your assets.

Use NOLO resources

Use the resources of NOLO, an organization that helps small businesses with everyday legal questions and matters, from their free database of useful articles pertinent to small businesses to affordable templates/legal forms, books, and software.

Have an affordable go-to lawyer

Have someone in place — at least know who you would go to in a bind — before you need them. You can find such a person among your family, friend, and professional contacts, or through organizations aimed at serving small businesses with low-cost legal representation. LCA (Lawyers for the Creative Arts) in Chicago is one example of such. If you need a lawyer today but worry about the cost, don’t panic. Announce your need in a Facebook post or to a LinkedIn group: “I need a reliable, affordable lawyer who can help me with x.” Your network will deliver.

Take advantage of organizational perks

Professional associations for writers, authors, and journalists often come with two particular legal perks: free contract review and programming on legal topics. National Writers Union membership comes with contract review, grievance assistance, and possibly pro bono legal services. Authors Guild membership includes legal assistance in eight different areas relevant to authors. Every professional organization I’ve been involved in has offered at least one program annually devoted to legal issues. And every one of these I’ve attended has given me valuable knowledge and perspective that I didn’t know I needed and that served me well for years into the future. Membership is a bargain for the legal benefits alone.

Look into legal help by subscription

Companies like Rocket Lawyer offer most of the legal help most small businesses will need for $39.99/month. Try it free for seven days.

Know and consider insurance options

Talk to your insurance agent or an insurance agent to be educated on legal assistance covered by existing policies as well as additional insurance that might be handy for the kind of writing you do (e.g., defamation insurance). A lawyer once alerted me to the fact that my basic business insurance policy might cover her costs and she was right — it covered 100%, thousands of dollars, of her help defending me in a frivolous lawsuit.

Prevent conflicts

Put thought into preventing conflicts in the first place: Guard your own behavior, know the hazards involved in your work, learn from other writers, and do not underestimate how litigious some people are. Work out with others how you’ll handle mucky situations in advance (e.g., if your accounting department doesn’t pay me on time, what’s the best way to handle that?) Most important in this area? Work with honorable people.

Nip conflict in the bud

Not all conflict is preventable. Some comes with the vicissitudes of life and can be deflated or worked around with attention and skills; other conflict is recurring and can be managed. But live with this reality and tackle it head on, early on. Pick up the phone when email gets confusing or weird. Get comfortable with direct and difficult conversations. Respect yourself and your stance, respect others and theirs, then dive in.

Embrace mediation

I write about the superpowers of mediation for small businesses:

Mediation is a form of ADR (alternative dispute resolution) in which a neutral and impartial third party (the mediator) assists disputing parties in discussing and tackling their differences, and then working out their own solutions. As it happens outside the legal system, it is far more efficient, affordable, and amicable than litigation.

Resolving small business disputes through mediation can provide peace of mind, improve quality of life, restore relationships, and allow you to get back to the work you love — all at a fraction of the financial, emotional, and time costs of making something an official legal matter.

Write a mediate first clause into all of your contracts. To find a mediator in your area and learn more about mediation, visit mediate.com.

Legal protections, in brief

Layers of legal resources, legal awareness and protections, contract knowledge and help, and having a lawyer on your side are all smart components of defensive entrepreneurship and deserved peace of mind.
Establish yourself as an LLC and buy the proper insurance for your purposes.
Find an affordable lawyer and legal services through your networks, specialty legal organizations, or membership organizations for writers, authors, and journalists.
Rely on affordable legal templates, forms, and resources such as at NOLO and RocketLawyer.
Focus on preventing conflicts, mitigating conflicts, and resoling conflicts through alternative dispute resolution methods like mediation.

Disclaimer: I am not a lawyer and this article should not be construed as legal advice. It is business advice based on my personal experience for your reference and further exploration.

Sharon Woodhouse is the owner of Conspire Creative, which offers strategic collaboration services for post-publishing author rewards: coaching, publishing consulting, project management, author business development/management, and ongoing group coaching for authors in a private Facebook group, A Profitable Author Life You Love.

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