1. Could you provide any links to similarly high quality content or services like Clerky that are geared towards setting up an ideal lifestyle business structure (such as consulting and a smattering of low-revenue SaaS products). Particularly something that covers what to do beyond just setting up a passthrough entity.
2. Can you provide any links to resources on how to evaluate E&O policies for professional technical work? Some of the work I do involves spending 6 figures a month on a marketing campaign, building out BI solutions that are then relied on for making critical decisions (not to mention giving me access to highly confidential data), and building out SaaS products that enforce TCPA compliance on telemarketing databases. Even with a solid contract in place, I'm somewhat terrified at the thought of a well-funded, sue-happy client trying to use me as a scapegoat someday if something goes sideways or doesn't go their way.
3. Any good contract templates for the kind of services mentioned above, that include solid indemnity clauses?
4. How do you find a competent lawyer to ask these kinds of questions to? The few I've spoken to locally don't seem to have many clients like me and were generally about as helpful as a google search (with a much higher pricetag). And I'm unsure how to find the ones that can give actionable advice.
1 & 3. Unfortunately, I have not seen any high quality services geared toward non-startup businesses. Believe it or not, that's actually a harder problem than the one we're solving. There is just much less standardization outside of the world of startups, due to how fragmented the market is. There might be some useful content out there, but I don't know of any personally (let me know if you find some!).
2. I don't know of any resources on this (although I'm sure they exist), but good insurance brokers can often walk you through a lot of the analysis. I've heard Heffernan is a good one (https://www.heffins.com). The good insurance brokers are usually pretty objective and not very sales-y. If you need to get super in-depth in analyzing a policy, you may eventually need to talk to an insurance lawyer - but I suspect most people don't go that far.
4. It's tough. It tough even for attorneys to find competent attorneys outside of their own practice areas, because it's hard to tell who's good. One of the major issues is that most legal work never gets tested out. Clients can certainly have their impressions based on their interactions, but until legal work is tested out - either by being reviewed by other attorneys, or in courts, there's just no way for a client to ascertain the quality of the work product. Legal services are a credence good: https://en.wikipedia.org/wiki/Credence_good The best thing you can do is to find people who have similar businesses and successfully survived the risks you're trying to protect against, and then see what lawyers they recommend. I realize this is a ton of work, and it may not even be possible in many cases. Depending on where you're located, we might be able to give you some attorney leads - feel free to ping us at support@clerky.com.
2. Can you provide any links to resources on how to evaluate E&O policies for professional technical work? Some of the work I do involves spending 6 figures a month on a marketing campaign, building out BI solutions that are then relied on for making critical decisions (not to mention giving me access to highly confidential data), and building out SaaS products that enforce TCPA compliance on telemarketing databases. Even with a solid contract in place, I'm somewhat terrified at the thought of a well-funded, sue-happy client trying to use me as a scapegoat someday if something goes sideways or doesn't go their way.
3. Any good contract templates for the kind of services mentioned above, that include solid indemnity clauses?
4. How do you find a competent lawyer to ask these kinds of questions to? The few I've spoken to locally don't seem to have many clients like me and were generally about as helpful as a google search (with a much higher pricetag). And I'm unsure how to find the ones that can give actionable advice.