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Re:We Are All Lawyers Now – The Rise of the Legalish by buu700 on Tuesday October 23, 2018 @09:50AM (#18283330)
Definitely retain counsel no matter what for anything important.

I'm just saying I'd be surprised if there were a situation in which a lawyer would advise that registering an LLC is reasonable protection from all legal repercussions of your solo side project.

Re:We Are All Lawyers Now – The Rise of the Legalish by mcbits on Tuesday October 23, 2018 @12:41PM (#18284966)
But would a lawyer ever advise against forming an LLC for a side project that might have liabilities, or just advise on the best language and jurisdiction? To me there is a big difference between "if you really screw up, they could try to pierce the veil and go after you personally" and "if you do everything right and your business still fails, you're automatically personally liable."
Re:We Are All Lawyers Now – The Rise of the Legalish by buu700 on Tuesday October 23, 2018 @01:01PM (#18285189)
Probably not. I'm not saying "don't form LLCs" — it's probably in itself a good idea for any slightly serious project — but rather that it isn't a substitute for complying with the law.

I say this from experience because I once made exactly that mistake (formed an LLC that was otherwise unnecessary specifically to protect against potential legal consequences of a side project, only to find out from a Google Alert six months later that a lawsuit had been filed against me personally).

Re:We Are All Lawyers Now – The Rise of the Legalish by ccostes on Tuesday October 23, 2018 @01:25PM (#18285399)
> find out from a Google Alert

Does this mean there was an article or something online before you were contacted about the lawsuit?

Re:We Are All Lawyers Now – The Rise of the Legalish by buu700 on Tuesday October 23, 2018 @01:34PM (#18285494)
Yep, that one was an interesting surprise.
Re:We Are All Lawyers Now – The Rise of the Legalish by riku_iki on Tuesday October 23, 2018 @01:31PM (#18285466)
I am very curious what lawsuit was about..
Re:We Are All Lawyers Now – The Rise of the Legalish by jkaplowitz on Tuesday October 23, 2018 @01:34PM (#18285501)
All legal repercussions? Definitely not. You're generally personally responsible for torts and crimes you personally commit, even if the company may be too. And personal guarantees around contracts or statutory liability provisions around wages and taxes can increase personal liability further.

But yes, when the proper formalities and separations are maintained, there are many situations where registering and operating through an LLC will limit personal liability.

Example: company signs a contract with no personal guarantee but with a commitment to make 12 monthly payments. The LLC later lacks the funds (contract was signed in good faith). No personal liability.

Disclaimer: I'm not a lawyer, just a law geek layman and former law student. I agree that retaining counsel is the right advice for anything important.

Re:We Are All Lawyers Now – The Rise of the Legalish by gamblor956 on Tuesday October 23, 2018 @03:10PM (#18286444)
Example: company signs a contract with no personal guarantee but with a commitment to make 12 monthly payments. The LLC later lacks the funds (contract was signed in good faith). No personal liability.

I use to make good money going after contractors who thought their LLCs would protect them when they vanished with client money. Veil-piercing is actually quite simple for one-man LLCs. As a practical matter, the burden is really on the one-man LLC to prove that the veil should not be pierced, since it's usually pro forma for the plaintiff to show some evidence that the proper formalities and separations were not maintained. (For example, paying for a personal expense like lunch with LLC funds, even once, is enough to shift the burden to the LLC to show that the veil should not be pierced. Not having proper receipts for gas. Attempting to claim a business deduction for part of your garage if you're not charging the LLC market-rate rent. It's a really long list of don'ts. )

Re:We Are All Lawyers Now – The Rise of the Legalish by jkaplowitz on Tuesday October 23, 2018 @04:36PM (#18287232)
I think we're agreeing, mostly. The proper formalities and separations need to be maintained, and bad personal behavior is not shielded. I did it correctly when I had a one-man LLC, but you're right many don't.

Misconduct like "vanishing with client money" is a separate personal tort and/or crime (depending on the specifics) and would make it easy to pierce the veil anywhere regardless of formalities and separations.

That said, for more normal situations that aren't about misconduct, different states take different levels of strictness in analyzing the veil piercing question. YMMV.