Independent editors and proofreaders sign contracts with multiple clients. But how many of us feel like they can be legal mysteries? Then you must listen to this podcast!
I opened a discussion at my “local” online editors club the other day about contracts, especially about understanding those that we’re asked to sign with client organizations. I talked about a super helpful podcast (Brionna Ned on The Deliberate Freelancer, hosted by Melanie Padgett Powers) and my experience negotiating away an indemnity clause.
Highlights from Brionna Ned’s talk
The episode I’m talking about is “Becoming Comfortable and Knowledgeable with Contracts and Other Legalese,” with lawyer Brionna Ned.
Ned runs a “legal education and consulting service for small business owners that provides you with the legal knowledge you need to create solid foundations in your business.” In the podcast, she talks about basics of contracts, why we need them, and some clauses that freelancers should understand.
I don’t listen to many podcasts but this one was worth a repeat listen. Here are my main takeaways from her talk.
Contracts set expectations.
A good contract is one where both parties understand the terms. It’s an opportunity to draw boundaries and establish a clear working relationship. (Karin Cather and Dick Margulis say this too in their book, The Paper It’s Written On.)
Know your risk tolerance.
It’s an individual decision whether you agree to clauses that are very unlikely to be invoked or prefer to get professional liability insurance so you’re protected against financial losses “as a result of malpractice, errors, and negligence“).
But don’t sign non-competes1.
Don’t be afraid to negotiate.
If you’re uncomfortable with a clause, politely express your concerns and see if you can negotiate a revised agreement.
I had an unexpectedly good experience doing this (thanks to this podcast!): a potential client organization sent me its standard contract, which included clauses that said I would be responsible for any consequences to the organization of my deliverables. That would mean I, the editor, would be responsible for (in other words, pay for) any trouble arising from what the organization decides to publish.
I could not agree to this. An editor can only make suggestions. It is up to the author or publisher to accept or reject these suggestions and decide what to ultimately publish under their name.
I politely pointed this out and, to my delight, the organization proposed an addendum that said that clause did not apply in this case. This organization is one of my favorite clients now!
“A bad actor is still a bad actor” (Brionna Ned’s words)
A contract probably won’t make a difference if the person is just … bad. Trust your instincts!
As always, it was great to talk to my Cloud East colleagues. I love knowing that many of us work with clients outside the countries we live in and are resigned to similar limitations when it comes to protection.
Resources
Check out the podcast and 2 other resources that I think are great.
- “Becoming Comfortable and Knowledgeable with Contracts and Other Legalese,” on the Deliberate Freelancer, hosted by Melanie Padgett Powers, with lawyer Brionna Ned.
- Policy Foundations for Editorial Professionals (CIEP webinar). Louise Harnby talks about essential policies editors and proofreaders should have and provides templates.
- The Paper It’s Written On (affiliate link), by Karin Cather and Dick Margulis, 2018. (If you prefer to avoid Amazon, here it is on ThriftBooks.) I built my contract template from their examples.
Cover image by Edar from Pixabay.
Footnotes
- These are contracts where you agree that you will not work for or start a competitor business after you stop working for the current employer. Non-competes are seen as suppressing worker rights and, for example, in the US are enforceable only in certain states. They really don’t make sense for freelancers.