I once had a colleague who was terrified of lawyers. She believed that they heralded bad news whenever one came into the organization. I should’ve asked her what she thought about accountants, but I digress. My point? Employing a literary lawyer is brilliant business sense, especially if you are an author. Why? They help you get out in front of and prevent conflicts and challenges, decipher contracts, and ensure your written works are copyrighted and protected against intellectual theft.
Finding an excellent literary lawyer before you need one is sound business practice.
Being an author is operating a business—you’re an entrepreneur. But like this colleague I mentioned, lawyers and contracts can cause many a creative to “freak out.” Instead of looking at the law as an industry of punishment, reframe it as an industry of protection. But finding a good steward of this industry isn’t easy. Just like any profession (or good work of fiction), there are characters to be wary of: charlatans, price gougers, sword-wielding, antagonists, and, well, fire-breathing scary orators of legalese jargon that no one can understand.
Just the same is true: there are heroes in every story. A good attorney will stand by you, help you navigate contracts, and cut through the legal red tape so you can do what you do best—write amazing books!
To help you find one of these heroes or heroines and get them in your corner of experts, I turn to industry professionals, authors, and friends for their experience and advice.
“Legalese is a language that looks a lot like English, but isn’t. Being a fluent English speaker doesn’t mean that you can understand the subtleties of the legal language in a contract. Just like you wouldn’t translate your work to Spanish using your functional-but-not-fluent high school Spanish, you don’t want to assume you understand a contract just because you speak English. A lawyer can ‘translate’ the contract and let you know exactly what you’re getting into. A great resource for knowledgeable lawyers is the Author’s Guild, which provides free contract reviews to members” ~ Lori B. Duff Could we do: Lori B. Duff is a longtime attorney and municipal court judge and author of Fischer at Law novels.
“In essence, while agents know the buyers, the market, and key deal points in contrast, lawyers know the deal points —both key and secondary — and are equipped to read and negotiate publishing contracts (and other contracts, such as film/TV option agreements) in detail, which agents generally are not. Thus, lawyers complement agents, and since there is some overlap in knowledge and skillset, they also serve as a second set of eyes and as trusted advisors.” ~ Jonathan Handel, entertainment/tech attorney.
“An experienced entertainment lawyer familiar with writers’ and authors’ contracts can not only spot issues in the clauses already in the form contracts offered to writers but also knows the points that protect writers that may be missing from such contracts. For instance, wording that affects a writer’s ability to either own or get back his or her rights.” ~ Judith Dornstein, Entertainment Attorney
“An author, writer, or agent needs a lawyer to handle the legalities of contracts or intellectual property and safeguard their long-term creative and financial interests. It’s not uncommon for writers to be presented with contracts that seem beneficial at first glance but, in reality, contain clauses that could severely limit their rights in the future. A lawyer ensures that every aspect of the deal—whether it’s the licensing of rights, royalties, or ownership—is thoroughly vetted so that the client retains control over their work in both current and future formats. Think about situations like film adaptations or international publishing; without careful legal guidance, an author could unknowingly sign away valuable opportunities.
Writers and agents should look for lawyers specializing in entertainment or literary law. What’s important here is that the lawyer understands not just intellectual property but the broader business of publishing, media, and content creation. There are nuances specific to these industries—like knowing how digital rights work or understanding the legal implications of self-publishing versus traditional publishing—that require in-depth industry knowledge. The right lawyer isn’t just there to review contracts; they are advocates who understand the creative process and the financial models underpinning it.
Attending industry events, panels, or literary conferences can be a great way to connect with legal professionals involved in the world of publishing and media. Many authors meet their legal counsel through networking in these spaces, where they can discuss their needs and the lawyer’s experience candidly. Ask for examples of contracts they’ve handled, especially complex situations like international rights, multimedia adaptations, or contentious negotiations. Publishing disputes can turn into drawn-out legal battles, so it’s important to know whether the lawyer prefers negotiation or litigation and how aggressively they will represent you.” ~ Oliver Morrissey, Owner and Director of Empower Wills & Estate Lawyers, protecting your legacy with expert legal guidance.
Remember, having a good attorney in your corner is a key step on the author’s journey. Many are found through word of mouth and through professional associations and connections. Just make sure that you vet them before you hire them. It may take a few “trials” before the verdict, but investing time in this process will save you in the long run.
Case closed!
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