Any recommendations for a literary lawyer?

leahkatewrite · May 13, 2015

Hi there,

I was recently offered a contract by a publishing house, but do not have an agent. The editor I have been in correspondence with said that it is standard for authors to hire a literary lawyer to check over the contract.
Has anyone done this with their contract and have a recommendation for a lawyer I could hire?
Or, on the other hand, this is a very reputable publishing house and the editor said the contract is standard. Being a student, I'm a bit financially-strapped so do you think I even need to get a lawyer or would I be okay just to go ahead and sign?

Thanks for any advice!

Old Hack · May 13, 2015

DO NOT JUST GO AHEAD AND SIGN IT.

The editor who told you it's standard for authors to find themselves a "literary lawyer" is not right. That can happen but it's certainly not standard.

Also, you need a lawyer who specialises in publishing law, not a literary lawyer. If that was what your editor told you, then that adds to my concerns.

Have you checked this publisher out very thoroughly? Are you sure they're legitimate?

If you are (and you're welcome to send me their name, just in case I know of anything) then you can approach agents with your offer in hand. This is probably your best bet, as a good agent will improve the contract in ways which will more than cover her commissions.

You can look for a good IP lawyer, but I am not convinced that's your best way to proceed.

leahkatewrite · May 18, 2015

Thanks Old Hack!

We've e-mailed a couple agents! So here's hoping! The editor did tell us that most unagented authors use a lawyer so that is good! I've also read through the entire tread on absolute write about the publisher so I think they're pretty good!

~Thanks for the advice!

EMaree · May 18, 2015

If you join the Society of Authors they have a contract vetting service. They're a UK group, but I can't see anything in their eligibility criteria restricting membership to UK writers only (does anyone know? might be worth sending them an e-mail to ask, they're very quick to reply back), and they'd work out a lot cheaper than hiring a literary lawyer.

Barbara R. · May 18, 2015

This is your best chance to acquire an agent. You did mention that you've reached out to a few, which is smart. You could go a bit wider, in case those don't pan out. Your email should be have an eye-catching title: "Have solid offer, need agent!" It's also possible to ask an agent to vet your contract for a flat fee, and in most cases, that's a better AND more economical way to go compared to hiring a lawyer. Agents know what's negotiable and what's carved in stone. As for the contract being standard...agents routinely cross out clauses in those standard contracts. You have to be so careful about assigning options, reversion rights, etc., that it's risky to enter into any publishing contract without representation of some sort.

Congrats and good luck!

Old Hack · May 18, 2015

Who is the publisher?

leahkatewrite · May 20, 2015

Hi guys, thanks for all the replies! We're still in the e-mail pits with everyone figuring out prices! The publisher is Entangled Teen!

profen4 · May 20, 2015

I've used, and been very happy with, Elaine English. She can be found here www.elaineenglish.com

Any recommendations for a literary lawyer?

leahkatewrite

Old Hack

Such a nasty woman

leahkatewrite

EMaree

a demon for tea

Barbara R.

Old Hand in the Biz

Old Hack

Such a nasty woman

leahkatewrite

profen4