So much for “free” speech.
Just got off the phone with an agent who sells “E and O” — errors and omissions insurance — as I start to figure out how to protect my ass(ets) as a writer. He’s sending me several applications, one of which, the multimedia version, is really long. Of course it is!
The joy of “independent writing”? Anyone can sue us anytime. The latest darling of the suit-happy are SLAPP suits — Strategic Lawsuits Against Public Participation. Which means, unless you work on staff for a Big Media Company (with in-house staff attorneys whose highly-paid job it is to protect you and, more importantly, your employer) you’re toast, baby.
More and more, writers are strong-armed into signing contracts that leave us holding the bag in case someone we cover sues the media outlet for whom we’ve done the — freelance — work.
There’s no better way to make sure we write about puppies and kittens and rainbows than knowing one false move can mean our IRAs are going to get garnisheed in a settlement. The saber-rattling by those with very deep pockets — hmmmm, the wealthy and powerful? — means many of us slap duct tape over our mouths every morning, no matter what madness and malfeasance we discover.
“Independence” is a relative term.
One lawyer I spoke to, knowing the writing life, (beyond lucrative TV and film), delicately inquired, “Do you have any assets?” The answer, having worked long and hard and been really disciplined about driving clapped-out old cars and wearing (mostly) consignment shop shoes is “Yes.” I save 15 percent of my income every year, even when that income is so small I think: “Why bother?”
And, this being the U.S, a nuisance lawsuit is both nauseating and much more probable than I’d like.
Suiting up, then, is quite the challenge, requiring the (paid) services and advice and expertise of my accountant (becoming a company); an attorney (making sure it’s all done properly) and an insurance agent. Unlike car or home insurance, I can’t cough up that dough each month — it’s one lump sum, on my income, a fortune. There is cheaper insurance but — funny thing!– it’s capped at a much lower amount.
Why should you care?
Every day, there are posts I don’t write — or write and don’t publish — because, who needs it? Like many of my colleagues, I’ve got other things to worry about without some $$$$$-mad aggrieved plaintiff ruining my life. That costs you, dear readers, because there’s all sorts of (interesting) stuff it simply isn’t worth mentioning, for fear of such a suit. I know, personally, other independent writers backing away slowly, if regretfully, from smart, incisive, tough, investigative work for this very reason.
Believe it or not, not every writer wants to focus on all-fluff-all the time. But without a safety net, you can’t safely leap too far.
I’m thinking of setting up a Paypal account — you really want my unvarnished opinions? Help me speak truth to power, and not lose my home/assets/savings in the process.