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advice requests > How does one find a good contract lawyer?

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message 1: by Tone (new)

Tone (tone_milazzo) I'm about to receive my first publishing contract and I would like a professional to take a look at it before I sign it. Finding a good one isn't something I'm willing to leave up to Yelp. Is it important that they be local to me? And does anyone have their own contract lawyer they'd like to recommend?


message 2: by Rowena (new)

Rowena (rowenacherry) | 35 comments Tone,
Most good contract lawyer firms charge at least a $5,000 retainer for new clients. It is not at all important that they are local.

You could join EPIC for about $30 and check out their sample contract. For $90 you could join Authors Guild and they help. I think I recall that the NWU helps its members.

You can get guidelines from the Preditors and Editors site.

I recommend using an Intellectual Properties attorney. Look very carefully at the rights the publisher wants (they will ask for everything, even rights they can't use and don't need). Also, look at what they say will happen if they go out of business, or if they decide to stop printing your book.

Look at the royalty rates on sales.

You should never commit to pay your publisher anything at all, although you may have to hold them harmless in the event that you defame someone or plagiarize and there is a lawsuit.


message 3: by Tone (new)

Tone (tone_milazzo) $5000? Really? Because I don't expect to make $5000 on this book.

Guess I'm gonna cross my fingers and sign the paper.

Thanks for your advice.


message 4: by Pat (new)

Pat Whitaker (whitakerbooks) | 54 comments I don't know if this is relevant, but over here (New Zealand) the Society of Authors & Writers Assoc. vets contracts for it's members, which is covered by the cost of your subscription (it obviously has many other benefits as well).

If there is a similar thing in the States this may be the cheapest option.


message 5: by Rowena (new)

Rowena (rowenacherry) | 35 comments Tone,

Wait!!!! All contracts are negotiable. If there is something that bothers you, try to negotiate.

At least do a bit more research than one email to this group and an overnight set of feedback.

Here's a thought. Why not join LinkedIn.com and join the Authors and Agents group... then ask there.

At least it is better than nothing, and you might get some valuable advice for nothing.


message 6: by Tone (new)

Tone (tone_milazzo) @Pat There's the Science Fiction Writers of America but I believe I have to be published to join.

@Rowena I didn't mean to sound like I was diving in like that. I do have some friend who are in law school and my wife works with scientific publishing contracts all the time. I was just looking for someone who specializes in this exact kind of contract.


message 7: by Stephen (new)

Stephen I'm wondering how this contract discussion about publishing the book turned out. Is it in print yet?


message 8: by Tone (new)

Tone (tone_milazzo) Ultimately I went the cheep route: I had a friend who had a friend who wrote contracts for a scientific publisher have a look at it. Not the same as fiction publishing but he did point out a few places where the contract could be more clear or was redundant within itself. Other than that it looked good to him.

It's not in print yet. Publishing is a slow business. "Picking Up the Ghost" should be on shelves (or at least on Amazon) this time next year. Thanks for asking.


message 9: by Abigail (new)

Abigail Sharpe (abigailsharpe) I love reading old threads but I want to know what happened. Is it in print? Did the contract turn out just fine?


message 10: by Tone (new)

Tone (tone_milazzo) Yes, Abigail, and it's available anywhere you buy books in any format: http://tonemilazzo.com/blog/2012/02/2...

I don't have a second contract to compare but things have been fine. We've updated the contact a couple of times, adjusting the payment days once, and adding a bigger chunk of change for the Audible deal later.

So far, so good.


message 11: by Abigail (new)

Abigail Sharpe (abigailsharpe) How exciting, Tone. I'm glad it worked out okay.


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