Contract Lawyer Needed!!

Anonymous

Anyone know of any reasonably priced contract lawyers?

I have a friend who is an author (and has done some fantastic work!) but he's tied in to his publisher who won't commission him any work at the moment (I'm assuming due to financial constraints.)

This is obviously having an impact on his income and they want 7.5k for him to leave his contract!

Due to the nature of the publishing industry it is incredibly unlikely another publisher would buy out his contract Wiggins style.

HELP!

bigmat

What does his contract say about what his publisher should be doing for him? If he can show that they are in breach of contract, he can threaten to sue them for non-performance. Either a) they'll pull their finger out or b) they'll let him go elsewhere. If they are doing what they are contractually obliged to do, your mate might be stuffed - unless the contract is in any way "unreasonable".

£7,500 isn't a lot of money in the context of any dispute by the way, understandably its a lot to him, but if he was to go the legal route to challenge the contract it could end up costing a lot more.

Anonymous

MatHammond wrote:

What does his contract say about what his publisher should be doing for him? If he can show that they are in breach of contract, he can threaten to sue them for non-performance. Either a) they'll pull their finger out or b) they'll let him go elsewhere. If they are doing what they are contractually obliged to do, your mate might be stuffed - unless the contract is in any way "unreasonable".

£7,500 isn't a lot of money in the context of any dispute by the way, understandably its a lot to him, but if he was to go the legal route to challenge the contract it could end up costing a lot more.

I'll get him to have a read of your reply, what you say about the 7.5k is what I thought :c

jim453

Why has the first reply been removed?

Anyway, shouldn't be difficult to demonstrate that the publishers are being unreasonable. If I were him I'd hawk my talents elsewhere and call their bluff. They must have some degree of obligation to your mate. If not, it's a strange contract, and not one he should ever have signed.

Go ahead and send the work to other publishers. If the work's any good he stands a chance of making the cash he needs to pay off the other goons.

If not, it may all be a blessing in disguise. No point wasting time I suppose.

tebbit

What is the basis of the Contract? It sounds like a daft question but there is a type of contract which is used in the Construction Industry and a lot of supply contracts where, the client calls off the goods or services but has no duty to buy off the supplier he has the contract with. However the client does not have exclusivity of the suppliers goods or services, does the publisher have exclusivity of your friend's services, if not he doesn't have a problem and it will be a quick read through of the contract by a local solicitor, if there is an exclusivity clause then a more specialised lawyer should get involved, however the local chap should be able to get a specialist involved.

Anonymous

Cheers chaps, I don't know the answers to the questions, as I said, I'll get him to have a look at the thread...

jim453

Has your guy considered going round the offices of his publisher and slinging paint all over the place?

Not proven to be helpful but may make him feel better.

cee

jim453 wrote:

Why has the first reply been removed?

Anyway, shouldn't be difficult to demonstrate that the publishers are being unreasonable. If I were him I'd hawk my talents elsewhere and call their bluff. They must have some degree of obligation to your mate. If not, it's a strange contract, and not one he should ever have signed.

Go ahead and send the work to other publishers. If the work's any good he stands a chance of making the cash he needs to pay off the other goons.

If not, it may all be a blessing in disguise. No point wasting time I suppose.

I would point out that breaching the contract on the part of the writer, even if the contract is unfair....is unlikely to go well for him in any court dispute. To maintain a solid position....he must bide by the terms of his contract....

Better to get the contract looked at to determine its fariness....and pursue that, than breach it and end up paying more than the £7500!

BigTree

Hi mate. Obviously it's hard to say without sight of the contract document or more detail, but off the cuff this 'contract' sounds unenforceable to me on the basis that ( in contrast to the wiggins comparison) this publisher appears not to be paying any retainer to maintain it's hold over your man. If they're not paying him, they're most unlikely to be able to restrain him from working (an exception would be if, for example, they have paid in advance for a specified future series of work - but this seems not to be the case). To be enforceable, generally, a contract must involve mutually reciprocal benefit and detriment. If they're not paying him, not giving him work, they're unlikely to have a contractual hold over him. If your mate needs representation, and can't afford a solicitor, tell him to try his local university's law school. They tend to have excellent Pro Bono units, and enthusiastic advocates!

mroli

Hey NapD - PM me if you want. Not my exact sphere of expertise, but may be able to give some pointers...

Anonymous

Thanks chaps!

Anonymous

Fantastic news!

All sorted!

Thanks all for your suggestions and help.

Agreement reached and new book can be published with new publisher in exchange for an old manuscript. No money from the manuscript but the book should sort that nicely!

jim453

Pleased to hear it.

Was this as a result of any advice offered here?

Or did your guy manage to speak to someone who knew what they were talking about?

Anonymous

jim453 wrote:

Was this as a result of any advice offered here?

Or did your guy manage to speak to someone who knew what they were talking about?

Heh heh, indeed with this forum I frequently think that the two are mutually exclusive!

I think the publishers offered a deal to basically stop any legal wranglings. I didn't delve to be honest...

Edit-

He's followed your second lot of advice jim and provided he cleans it up he can go...

jim453

Good for him.

Let us know when the new book's out. It better be good.

ste_

Isn't this why lots of books are written under pseudonyms?

Glad he sorted it out anyway.

Ben6899

ste_ wrote:

Isn't this why lots of books are written under pseudonyms?

To keep the glare of the sun off the laptop screen, right? Or am I thinking of something else?

spanielsson

Fantastic news, many thanks to all!