• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Lexis Writing

Copywriting, Content, Coaching: Online and in Central London

Main navigation

  • Blog
  • Writing Services & Coaching
  • Books for Writers

Are Contracts Really Necessary for Freelance Writers? You Bet They Are. Here’s Why

Lately I’ve been devoting time, energy and money to the process of drawing up a set of contracts for my freelance writing services. If you’re a freelance creative, you should do the same. Why? Because I’m now convinced that a tightly drawn contract is worth more than its weight in the precious metal of your choice (gold is so yesterday, darling). In this article, I share my journey from bambi-eyed newbie to the twisted cynic you see before you.

Freelancers! Don’t Start Work Without a Contract

When I started out as a freelance writer, I was given an excellent piece of advice: never begin work until your client has signed a contract with you. If you have a contract, I was told, this demonstrates your professionalism. It shows that you can’t easily be scammed out of your fee. It makes clear what services you’re going to provide, and what payment you expect in return. In short, a contract clarifies expectations for both parties, and keeps things fair and mutual.

This is all true. But what I wasn’t told is this: if your contract doesn’t contain the right clauses, it won’t provide enough legal protection to be truly worthwhile.

The Down Side of Using a Contract Template Service

Let’s think about what that means for a minute, especially if you (as I originally did) use a cheap contract template service. It means that unless you know how to customise it to your full advantage, a generic contract isn’t much use. If push comes to shove and you end up considering legal action, there will be lots of loopholes, possibly so many that your only option is to chalk up a loss and walk away.

This leaves you in an awkward spot if, like most freelance writers, you’re trying to start your business on a shoestring and don’t have enough money to pay lawyers. While I agree with the argument that you can’t afford not to get legal advice, I also appreciate that a couple of hundred quid here and there matters a lot when your client base is not yet established. But fear not, for help is at hand. I’m about to point out a few scenarios where a tighter contract could have saved me stress and money.

A Few Precautions I’ve Included in My Freelance Contracts

Since setting up shop as a creative freelancer, I’ve worked with clients who:

  1. Tried to phone me at 7am, and became highly annoyed when I wasn’t around to take their call.

Avoid this by: including a ‘reasonable response’ section in your contract, setting out the times during which you’re available for consultation. Remember that you’ll need enough time in your day to actually do some work, though!

  1. Decided not to pay me on the grounds that they didn’t use my work.

Avoid this by: stipulating in your contract that work done and accepted must be paid for, whether used or not. It also helps to clarify the project brief in writing, and get your client to sign off on it as part of the contract.

  1. Tried 2. above, then suddenly decided to use my work after all. Still without paying.

Head this off by: stipulating that intellectual property only transfers to your client upon full payment. Then if they do try to use work they haven’t paid for, you at least have a basis for legal action. NB Don’t say copyright – say intellectual property. This is a broader, more inclusive term (though don’t ask me how exactly, because I’m not a lawyer).

  1. Wanted me to make numerous revisions to a piece written months ago.

Prevent this by: specifying how many changes you’re prepared to make to each piece of work, and by stating the timeframe within which ‘edits’ should be requested.

  1. Expected me to keep working for them at the same—ridiculously low—rates I was quoting three years earlier.

Move on from this by: making provision in your contract for rate rises at least once a year.

A Final Word About Contracts for Freelancers

I’m a writer, not a lawyer, so what I say here is intended to get you thinking ahead about the kind of issues you’re bound to encounter in your freelance career, all so you can customise your contract to give you more protection. It’s definitely not legal advice. If you’d like more input and have half an hour to spare, I’d recommend watching this funny, sweary, informative talk by Mike Monteiro, who heads up a small design agency in the USA. Watch out especially for his advice on how to deal with potential clients who use variants on the phrase “Trust me”.

Do you have any hair-raising, funny or educational stories about vexatious interactions with clients, or situations where a contract saved you stress and money? Share them with us in the comments section below this post, or by connecting on Twitter.

Found this article useful? Buy us a coffee, and help keep the ideas flowing

£
Select Payment Method
Personal Info

Donation Total: £1.55

Lynn Reynolds

Lynn is the founder and quality-maven-in-chief of Lexis Writing, a collective of expert writers creating high quality content and copy for businesses in the UK and beyond.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

What we’ve been blogging about

Analogue Sensibilities Anne Lamott Argumentation Austin Kleon Book Reviews Books Bullet Journal Content Writing Copywriting Dave Trott Digital Editing Elizabeth Gilbert Evernote George Eliot Getting Started Good reads Isaac Asimov Julia Cameron Mark Twain Passive Voice Practicalities of Writing Problems Procrastination Psychology for Writers Reader Feedback Research Rhetoric speechwriting Steal Like an Artist Stephen King Technology for Writers and Writing the business of writing Usage Vocabulary Web Writing WH Auden Wordpress Words working with a copywriter Writer's Block Writing inspiration Writing Process Wunderlist You Are A Writer!

Subscribe to the Blog via Email

Like what you see? Enter your email address to subscribe to this blog and receive notifications of new posts by email. Because you don't want to miss a thing, do you?

Who Am I, and Why Should You Care?

I’m Lynn Reynolds; your local wordsmith superheroine, fighting crimes against writing on a daily basis. When the Bat Light goes up over Gotham, you can rely on me to help you put some “Pow!” and “Zap!” into your prose.

Peruse my blog to become a better, more confident writer (whether you write for business, education, or simply life in general).

Contact me: lynn@lexiswriting.com

Connect with me on Twitter

Randomly Selected From the Lexis Writing Archive Especially for You

Word of the Week: Syzygy

I must confess to choosing this week's word from a sense of mischief. I was recently reading a book with Polish characters in it (Anya Lipska's Where … [Read More...] about Word of the Week: Syzygy

There’s No ‘I’ In Report Writing. Apparently

The passive voice: anyone who’s ever written a lab report or student essay will be mighty familiar with this concept. And they’ll possibly, like me, … [Read More...] about There’s No ‘I’ In Report Writing. Apparently

Word of the Week: Alliteration

Are you addicted to alliteration, like so many writers? Yeah, me too. But unless you fancy a career in tabloid news, it could be time to break the … [Read More...] about Word of the Week: Alliteration

A Word About Writing Advice

You've probably noticed that I'm quite fond of reappraising established writing advice. Why? Well, I suspect much of it doesn't work, in that it fails … [Read More...] about A Word About Writing Advice

Word of the Week: Metonym

Yes, folks, I'm talking rhetoric again. I just can't leave the subject alone. Today's word is a figure of speech you use--whether you know it or … [Read More...] about Word of the Week: Metonym

William Morris and Writing as a Craft

It's bank holiday again, so I've got that off-duty feeling: I've even been getting away from my desk (which is why this post is a bit late). Yesterday … [Read More...] about William Morris and Writing as a Craft

Copyright © 2019 · Lexis Writing