After passing the California Bar Exam, I attended the swearing-in ceremony before the California Supreme Court. In a speech to the crowd, one of the Supreme Court justices advised that the most common mistake made by attorneys was to not return their clients’ telephone calls. This seemed especially odd to me since attorneys need clients to make a living. But over the years, I’ve discovered that other professionals also make business mistakes that are hard to understand.
While attorneys ignore their clients’ telephone calls, authors, whose key tools are words, seldom understand or make the effort to understand the agency and publishing contracts they sign. As important as words are to authors, they fail to realize that a contract is often nothing less than a storyline for their writing and publishing future.
What’s the big deal, you might ask? Just read the contract.
But what if reading your agency or publishing contract doesn’t guarantee understanding your contract?
The truth is that even educated people in various walks of life cannot understand a contract without some legal background. Why? Because most contracts are prepared by attorneys who write in “legalese,” a language designed by lawyers. For anyone who is accustomed to the ordinary meaning of words, understanding legalese can be a frustrating experience.
Remember, too, that the agent or publisher has paid an attorney to prepare the contract. More likely than not, that lawyer’s version of a “standard” agency or publishing contract is designed to favor the person who is paying the lawyer and not the author. When it’s time to decide whether to sign or negotiate the terms further, why should you deny yourself the same legal edge as the other party?
When many authors are presented with a pen and a dotted line, they claim that they can’t afford an attorney. This is not a good excuse.
Think about it.
You’ve spent months if not years writing your book, stories, or articles, paying for writing seminars and editors, and sacrificing time with friends and family. You might have worked fewer hours at your day job and earned less money for an extended period to finish one or more manuscripts. Even if you hired a ghostwriter, you likely made many of the same personal and economic sacrifices. If you put a price on what you’ve invested in your writing, it may amount to many thousands of dollars.
When an agent or publisher has offered you a contract, you have an opportunity to earn back your investment and, hopefully, more. You simply can’t afford not to engage an attorney.
Although legal fees can seem daunting, you have payment options. Most literary attorneys charge on an hourly basis, but some will accept a flat fee. Many will accept credit cards or monthly payments.
Retain an experienced literary attorney — your publishing future deserves it.
A publishing consultant as well as a licensed attorney in both California and New York, Denise Gibbon represents and educates authors about contracts, copyright, and other publishing issues.
In the 2000s, there have been several recessions: 2001, 2007–09, and 2020. Depending on your definition and which economists you listen to, it’s possible we’re in one right now or could be heading into one next year. I still feel sick to my stomach when I think back to 2001. I’d been in business for myself for two years, and everything was going great . . . till it wasn’t. Client budgets dried up and my phone stopped ringing. I knew I wasn’t going back to a corporate job, however, so I needed to hustle and figure it out. Here are a few of the ways that I have built my business up so that the ’07–’09 and ’20 recessions had far less impact on my freelance income.
Jake Poinier made the leap into freelance writing and editing in 1999 after a decade of positions in the publishing industry, giving him key insights from both sides of the desk. As the founder and owner of Boomvang Creative Group, he has worked with a diverse array of Fortune 500 and small businesses, consumer and trade magazines, and independent authors. Jake is committed to helping freelancers improve their businesses and shares his knowledge and experiences frequently as a speaker at industry conferences, through webinars, and on his blog.
Laura Pennington Briggs is the founder and CEO of the Freelance Coach. A two-time TEDx speaker on how freelancing is changing the economy and the host of the weekly Advanced Freelancing podcast, Laura has helped over 15,000 freelancers start and scale their business. She’s an expert on systems, project and client management, marketing a solopreneur business, delegating to team members, retainers, and developing multiple income streams for writers of all stripes. Laura is the author of five books, including the Six Figure Freelancer and How to Start Your Own Freelance Writing Business. She’s also the founder of Operation Freelance, a national nonprofit providing free entrepreneurship training to military spouses worldwide.
Stephen Colwell serves as CEO and head of strategy for Clarify Media and Completing, two Southern California–based firms specializing in marketing and project management. With over 10 years of hands-on agency experience as a copywriter, brand strategist, and project manager, he brings a broad and deep range of both marketing and operations expertise to the community. From strategy and design to growth and performance, Steve offers a rare mix of creative and analytical thinking toward helping creative professionals, teams, and small businesses accelerate their progress and achieve more. He has led project teams responsible for over $100+ million in annual revenue across four continents. A certified Agile practitioner, Steve is fanatical about helping others work in teams more effectively and operate at their best using the same proven routines practiced by today’s top-performing companies.
Ruth Thaler-Carter has been a full-time freelance writer, editor, proofreader, and desktop publisher for more than 30 years. She has been published locally, regionally, nationally, and internationally in, and does writing, editing and proofreading for, publications, associations, nonprofits, websites, service firms, and businesses. She sold her first freelance articles when she was still in high school. Renowned as a skilled networker, Ruth is active in about a dozen professional associations, serving as a newsletter editor, webmaster, publication author, speaker/presenter, blogger, program host or planner, and chapter leader. In 2006, Ruth launched the Communication Central “Be a Better Freelancer” annual conference to help aspiring and established freelancers find greater success and connections with colleagues. Ruth is the owner and editor-in-chief of the An American Editor blog and received the Philip M. Stern Award of Washington (DC) Independent Writers for service to freelancers; the Writers and Books Big Pencil Award for teaching adults and contributions to the literary community; EFfie awards for writing, editing, and newsletters; and the APEX award for feature writing. She was also an IABC/DC Communicator of the Year.
Kajli Prince (“Prince”) has over 20 years of experience in small business tax preparation; he is the office manager of H&R Block’s Sudley Manor Office in Manassas, Virginia. As a self-published author, Prince holds a special appreciation for NAIWE and its members. One of his passions is sharing relevant information with people and showing them how best to use it for their benefit. Prince is a small business owner of 25 years, and his specialties include emerging currencies (e.g., virtual/crypto currencies), information technology, intellectual property, and business administration.
Greg Smith