This is all pure theory right! I have never been sued either. My contract
put as many disclaimers as possible to make an "evil" client think twice
before suing me (they signed the contract, right). I am in the SMB, so
might help me too. You give the best service you can before and after
(disaster) and you will probably get away with being sued. And I did not
mean the bankruptcy as a mean of getting away with negligent work, that will
be even worse because then you will have to pay for he lawyer and the amount
of money to the company (I am not quite sure if the bankruptcy will take
care of that i.e. if you're proven guilty of negligence??, one should talk
to a LAWYER, hahahaha..)
Jean.
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Sol
> Sent: Sunday, October 17, 1999 4:38 PM
> To: Jean Morissette
> Cc: [EMAIL PROTECTED]; [EMAIL PROTECTED];
> [EMAIL PROTECTED]
> Subject: RE: InfoSec Consultant Liability Question
>
>
> On Sun, 17 Oct 1999, Jean Morissette wrote:
>
> > Well, be careful. When I said what I said (wrote anyway) I
> meant that even
> > though you did a good job, went by the book etc... If
> somebody's job is on
> > the line, or company's reputation or lawyers wanting to have
> some fun, you
> > ARE DONE. Because you will have to DEFEND yourself and that's
> what is going
>
> Certainly true... at least in the immediate sense... I admit I haven't
> thought about getting sued as much as I should, perhaps it is time to get
> creative. HmM.
>
> Mabye have a puppet corporation overseas somewhere, and have transactions
> go through it?
>
> How about, form a corporation for every project? File like :
> CONSULTCO-41823 LIMITED LIABILITY CORPORATION, where 48123 is some serial
> number of all the various companies on different projects you've formed?
> Or like,
> "CONSULTCO-PERFORMS-SECURITY-AUDIT-ON-ANNUAL-BASIS-FOR-ABC-CORPORATION
> LIMITED LIABILITY CORPORATION" So you can only get sued one at a time, so
> if sued you hit the panic button and tear up that contract and declare
> bancruptcy as our friend on the list noted... Damn is that even legal?
>
> Or encourage them to hire you at "part time" as an employee, and hire your
> own employees as well, at whatever rate for like as long as the project
> lasts, but charge 25% extra for all the hassle and tax hits...
>
> Mabye get way out there and charge 99% of the money for some phony service
> when in reality it's that 1% the client is really paying for...? Like say
> you get hired to fix some problems with data diddling going on in a bank
> (well run away from banks, I wouldn't do them but just for example)... so
> you sell them an old box of some sort which is a VITAL COMPONENT of the
> real service that's going on... for $10,000 (whatever "would be" your
> service fee), and only include certain services billable by hour such as
> time spent programming, etc...? Then you sell them this time as a LLC...?
> Of course when sued you argue that the damages awarded should be
> proportionate to the $ recieved, which was like $100, so you give them
> $200 and be done with it? Haha... I think I've done a bit of that before,
> just by instinct, you cluster the big sums around peices of hardware wich
> do something, then you make them do the magic backstage for free. it's
> almost like ripping the client off on one thing and then doing being
> incredibly generous with another, giving a whole bunch of "free" services
> for him ("support") which never get billed (or taxed).
>
> All these will piss the client off though. The thing is my clients don't
> seem to be considering sueing me. Don't SEEM to be. Usually I get called
> during/after some disaster so... but this is intriguing, there must be
> some successful ways to avoid this sort of thing... I've probably just
> been either too lucky or too small-time to get hit. There's so much shit
> to think about! Intellectual property rights, taxes, support, disasters,
> ... all whilst trying to actually provide a legitimate service which
> people desperately need.
>
> I like what someone on the list said about using an agency, that's a
> wicked idea, a bunch of guys get together and pool resources, but without
> too much paperwork between them, and just sort of share the clients
> amongst them... and they can then back each other up since the client has
> to take on the legal power of 100 of these consultants who've accumulated
> funds for such an event rather than one unsuspecting dude ... do you know
> of specific incidents where a consultant has been fucked over by an evil
> client? We should look into that and see the after-shock, what's been
> learned...
>
> [EMAIL PROTECTED]
> http://web.zencor.org/~sol
>
>
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