opinion

So, You Need an Adult Biz Lawyer … Now What?

So, You Need an Adult Biz Lawyer … Now What?

It is extremely important to have an attorney on your team. Although it might be tempting to forgo the expense, typically, it’s much cheaper to prevent an issue than to have to fix it. Hiring a lawyer can seem intimidating though. Like a first date, it’s an interview process. Here are some tips for making the process efficient and effective.

It’s essential to appreciate that there are many potential legal pitfalls of doing business in the adult industry. Without sound legal advice, you could run into regulatory issues, such as with OSHA for failing to follow proper health and safety procedures. You could find yourself liable for copyright infringement committed by third party users of your website because of deficient DMCA practices. Finally, you could wind up with the feds literally knocking at your door for violations of the record-keeping law known as “2257.” These are examples of issues that can be thwarted if you consult with a lawyer ahead of time. I don’t say this to scare you, but instead to show you how smart it is to make an investment into strategizing with an attorney at the outset.

Protect your hard work, financial investment and profits — a little time with an attorney can go a long way.

Before you hire an attorney, you’ll usually have an initial consultation with him or her. This is the time for you to start to get to know the attorney and for the attorney to get to know you and your business. During this meeting, it’s very much encouraged to ask questions.

You’ll want to make sure that the lawyer is friendly to the adult space. Ask whether s/he has worked with people in the adult industry before. Ask how s/he feels about seeing explicit images if, for example, your business is in porn. Ask whether s/he is comfortable discussing and writing about sexual topics if, for example, you are hiring him/her to draft a patent application for a new Sex Tech product.

Inquire with the attorney about his/her experience with matters you’re dealing with currently or might come across in the future. Incorporating a new online ad business, preparing a copyright application for a porn video, or handing a contract negotiation with novelty manufacturers overseas each require different skill sets from an attorney. It is certainly possible for one person to have them all, but you should check up front to get clarity on the subjects with which the lawyer can and can’t help you.

In some cases, you may need specialist attorneys for different areas, such as one for general business, another for litigation, and yet another for trademark filings. Although this may sound daunting and pricey, it can be very worthwhile when all is said and done. After all, for medical problems, you go to an ophthalmologist for your eyes, while you go to a cardiologist for your heart. In law, sometimes it is no different. Make sure the person you hire is competent to handle the issues you’re going to be facing.

In addition, sometimes the best person for the job may not be located near you. However, today, in the golden era of the internet, it’s not critical that your lawyer be in close geographical proximity unless you are involved in litigation and the attorney will need to attend court appearances. You can have effective meetings, including the initial one, with your attorney via phone or video conference. In between those meetings, it is easy to correspond via email. Still, it’s completely understandable if you want to be able to meet in-person with your lawyer. If that is the case, unless your coffers are big enough to pay travel expenses for yourself or the lawyer, you may want to look for a capable attorney in the vicinity of your geographic location.

A lawyer that you hire owes you attorney-client privilege. Accordingly, after you sign a letter of engagement, whatever you say should be held confidential, allowing you to be forthcoming with information — both positive and negative — about your case. However, when you talk with the attorney initially, make sure you feel comfortable. It is important that your personalities mesh in such a way that you feel you can be honest and open. The more details the lawyer has about your issues and objectives, the better s/he will be able to help you.

On the flip side, it is also important that you feel that the lawyer is listening and hears any concerns you have. An attorney needs to know the facts of your case and understand your goals. S/he must listen in order to be able to properly evaluate your options and develop tactics on your behalf. Make sure that s/he hears what you’re saying.

Further, it is imperative that you are at ease with the fee structure. This should be discussed during the initial consultation. Traditionally, attorneys work at an hourly rate. Ask what his/her rate is. Also ask how many hours s/he estimates for particular tasks (such as conducting research or writing letters, etc.), so that you can get an idea of what the final fee may be. Check that it is in a range that you can afford, so that you are not putting yourself in an unsustainable position over time.

Note that today the “billable hour” is not always the standard billing practice. Modern fee structures may be value-based. This means that a flat fee may be quoted for a project or a portion thereof. Therefore, rather than pay per hour, you would be quoted a set fee at the start. This is a good practice since it gives you, the client, predictability in costs, and allows you to accurately project your budget. If this fee structure sounds enticing to you, ask the attorney if s/he can work out such an arrangement.

I know that hiring an attorney doesn’t sound super sexy. I can assure you though that you will feel sexy when you squash a threat because you were properly prepared. Protect your hard work, financial investment and profits — a little time with an attorney can go a long way.

Disclaimer: The content of this article constitutes general information, and is not legal advice. If you would like legal advice from Maxine Lynn, an attorney-client relationship must be formed by signing a letter of engagement with her law firm. To inquire, visit SexTech.Lawyer.

Maxine Lynn is an intellectual property attorney with the law firm of Keohane & D’Alessandro PLLC, having offices in Albany, N.Y. She focuses her practice on prosecution of patents for technology, trademarks for business brands and copyrights for creative materials. Through her company, Unzipped Media Inc., she publishes the Unzipped Sex, Tech & the Law blog at SexTechLaw.com.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

LoyalFans' Anastasia Pierce Bridges Creator Education, Empowerment and Ownership

Anastasia Pierce beams when she talks about her 26 years in the industry. Full of passionate energy, she clearly doesn’t just work in adult; she loves it.

Women In Adult ·
opinion

Growing Site Revenue Under Ever-Changing Compliance Rules

Over the past year, many merchants have reported earnings that were flat or even a bit down. This is due to three main factors: age verification regulations, click-to-cancel rules, and banks backing away from cross-sales due to regulatory requirements and the rollout of the Visa Acquiring Monitoring Program (VAMP).

Cathy Beardsley ·
opinion

AI Safeguards for Platform Compliance and Trust

If your platform hosts user-generated content (UGC), then you already know protecting your brand is not merely a matter of good design or strong community guidelines. It requires systems that can verify who your users are, filter what they upload and ensure your business stays on the right side of regulators, payment processors and public opinion.

Christoph Hermes ·
opinion

How to Eliminate User Redirects and Improve Checkout Retention

Running an adult site, you work hard to create traffic and make sure your funnel is optimal, with the end goal of getting users to make a purchase. Then, right at that critical moment, what do you do? You send them somewhere else. Not good.

Jonathan Corona ·
profile

Stripchat's Jessica on Building Creator Success, One Step at a Time

At most industry events, the spotlight naturally falls on the creators whose personalities light up screens and social feeds. Behind the booths, parties and perfectly timed photo ops, however, there is someone else shaping the experience.

Jackie Backman ·
opinion

Inside the OCC's Debanking Review and Its Impact on the Adult Industry

For years, adult performers, creators, producers and adjacent businesses have routinely had their access to basic financial services curtailed — not because they are inherently higher-risk customers, but because a whole category of lawful work has long been treated as unacceptable.

Corey Silverstein ·
opinion

How to Build Operational Resilience Into Your Payment Ecosystem

Over the past year, we’ve watched adult merchants weather a variety of disruptions and speedbumps. Some even lost entire revenue streams overnight — simply because they relied too heavily on a single cloud provider that suffered an outage, lacked sufficient redundancy and failover, or otherwise fell short when it came to making sure their business was protected in case of unwelcome surprises.

Cathy Beardsley ·
opinion

Building a Stronger Strategy Against Card-Testing Bots

It’s a scenario every high-risk merchant dreads. You wake up one morning, check your dashboard and see a massive spike in transaction volume. For a fleeting moment, you’re excited at the premise that something went viral — but then reality sets in. You find thousands of transactions, all for $0.50 and all declined.

Jonathan Corona ·
opinion

A Creator's Guide to Starting the Year With Strong Financial Habits

Every January brings that familiar rush of new ideas and big goals. Creators feel ready to overhaul their content, commit to new posting schedules and jump on fresh opportunities.

Megan Stokes ·
profile

Pornnhub's Jade Talks Trust and Community

If you’ve ever interacted with Jade at Pornhub, you already know one thing to be true: Whether you’re coordinating an event, confirming deliverables or simply trying to get an answer quickly, things move more smoothly when she’s involved. Emails get answered. Details are confirmed. Deadlines don’t drift. And through it all, her tone remains warm, friendly and grounded.

Women In Adult ·
Show More