4 ms·
It isn't my approach but I've seen it work just fine for people. Reasons are: 1) If you are protected (LLC/LLP/S-Corp/etc) then the only thing you have to lose
by bluetwo 9y ago
It isn't my approach but I've seen it work just fine for people. Reasons are:
1) If you are protected (LLC/LLP/S-Corp/etc) then the only thing you have to lose is the company itself. It is hard to go after you personally. If all the company owns is some computers and you are paying yourself a salary, there is nothing of value for them to go after, even if you screw up royally. If they do, fold up shop and go start a new company.
2) Big companies don't really want to sue. It is much better for them to walk away and take the loss. A manager that enters a company into a lawsuit is going to get questioned as to why they let the situation get so out of control. I was pulled into a situation where the lead developer embezzled several hundred thousand dollars and the company still didn't sue him. They fired the guy and brought in other resources (myself and someone else) to clean up the mess.
My approach is:
1) I strike anything I can't stand by in the contract. I don't go as far as a lawyer might go, but they tend to draw a line that also protects them from any accusation of negligence, which can sometimes create hard to negotiate situations. Corporate lawyers attach all kinds of crazy things. A salesperson I know calls the first version of a contract from a large company the "F*ck you version".
2) For a set of standard services I provide, I use my own contract which was drawn up by a lawyer. This limits my liability to actual moneys paid to my company, and provides the client with an easy out in 30 days should they decide to drop me. I link to it in every invoice I send these clients. By the way, don't just search Google for sample contracts and try to modify for your use. It really is worth paying a lawyer to sit with you and figure out what your priorities are and craft a contract around them. He asked good questions and built something that works well in our state and represents our interests as best as possible.