You don't need to set up an LLC, but it would protect your personal assets from liability, which is something a DBA (fictitious business name) won't do.
Make sure you choose a viable and available trademark to do business under, and make sure you have a good contract to use for your customers. That's where you need a business/IP's lawyer's help.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.Ask a similar question
LLC would give you come asset ptotection if set up correctly and you can elect Sub-S election for tax purposes.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.Ask a similar question