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.
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