Tell it to my lawyer.

jobryan

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Anybody know where to find a good lawyer to take on a sharky small publisher?

Not too long ago, I was working with one that got VERY legally threatening when it didn't get its way. The publisher had clearly done this before, and as a newly published author I found myself at an alarming disadvantage.

Nothing going on right now, but I thought I'd find out more about what to do so I don't get caught so unprepared again. What I discovered at the time of the drama was that, while I could most likely afford a lawyer, I had no idea who to look for or where to find them, and the clock was ticking.

So - lawyers you know with this expertise, law firms, websites, listings, a good place to start...any or all appreciated.

To be clear, I'm not out to use a lawyer to clobber some poor small publisher. If the same type of thing happens again, I just want to be able to have a fair and balanced argument instead of getting pushed around.

Thanks.
 

mrsmig

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Without knowing particulars such as what jurisdiction you're in, I doubt anyone will be able to help you.
 

lizmonster

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Echoing what mrsmig said.

If you have an attorney in your circle of acquaintances, you could ask for a recommendation. Where I live, at least, the law community is pretty well-connected, and a good lawyer can often recommend someone appropriate if they don't have the expertise themselves.
 

Earthling

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The best thing to do is research publishers before you submit to them so you don't end on the receiving end of shady practices. Then make sure you understand any contract you sign and are happy with its conditions.

Publishing contracts are very specialised and your average lawyer--even a contracts specialist--probably won't be able to advise you on the best way to proceed. Maybe if you give an idea of your location, somebody will be able to suggest one who knows what they're doing.

Another option is to seek representation by a legitimate literary agent. They will handle the contract and make sure you don't sign anything alarming. They may also be able to provide legal help.
 

Aggy B.

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I would also suggest finding a reputable literary agent rather than a lawyer. An agent would be able to negotiate the contract (or argue for your rights in it) and know when/if you needed legal representation to step in and what that legal rep would need to argue for.
 

lizmonster

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Agents and publishing specialists are a good idea for a contract you haven't signed yet.

A good contracts lawyer will be able to look at an existing contract and explain to you what you have and have not agreed to (IOW they can translate the legalese).

They can't tell you what the norms are for publishing - that's where a specialist and an agent come in. But for an existing contract you suspect is fraudulent, a good contracts lawyer should be able to help.

ETA Sorry, this is starting to sound like legal advice! But a good lawyer should help where they can, and refer you where they can't. Seek legal advice from an actual attorney.
 
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cool pop

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The Authors Guild might be a good place to consult.

I was a member of the Authors Guild for about 11 years. Judging by my experience with them, they don't offer any legal help anymore. When I first got with them, they helped out when I had an issue with a publisher and I had an AG lawyer intervene and the problem was solved. But the second time I needed help with a different pub because the pub refused to give me my rights back AFTER we'd agreed. I simply wanted them to check over the correspondence from the pub and see if they could get involved in anyway. That's what they are supposed to do but they told me they no longer offer individual legal help to authors anymore. They referred me to a lawyer I had to pay if I was interested in working with him. If I had the money to pay for a lawyer I wouldn't have been a member of the Author's Guild. :( To me that was their biggest advantage so after they didn't help me, I cancelled my membership. I was done and didn't need them if they weren't gonna help with legal matters. I am now with a local writers organization that helps out if members need legal assistance and they are much cheaper.

OP, I suggest checking to see what writers organizations are in your area because those can be great options for legal help especially if you don't have money for a lawyer.
 
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jobryan

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Thanks everyone for your responses. In summary: look to agents before lawyers and ask around at local writers organizations. (I guess a problem with turning to an agent instead is that they aren't necessarily for hire the way lawyers are....) One person is reporting no luck with the Authors Guild. The National Writers Union is another potentially helpful organization I've heard about.

I don't take anything on this thread to be legal advice, and I'm not currently nor am I about to be involved in legal action - was just left reeling from something that happened and is now over, and I don't want any repeats.

The dispute was not about details of my contract. Suffice it to say that authors should be leery of publishers that offer authors the option of "buying out" of their contracts.