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November 03, 2009

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First, congrats on your publishing deal! They are becoming hard to get.

I learned a valuable lesson when my co-author and I did our first book deal with a publisher: there is a big difference between their contract and their plan.

The contract was clear on who would do what, who paid for what, etc. And everyone at the publisher was great -- and the trust we had for each other minimized problems.

However, since we were first-time authors, we didn't understand how much (or how little) of everything they would actually do.

We learned on the first book, and did a second book with them that went very well.

Hey Jim

My point really wasn't exactly about contracts and how to use them - but I do agree with your point. I use a Statement of Work or project plan to do exactly what you suggest - without a contract to be signed. I also include a 1 day cancellation clause in any contract that does appear - if my client doesn't like my work, they can bump me in a day. I've never had that happen but - it's a statement that I like to make. That I trust them to do the right thing by me.

The most recent contracts I've seen are ridiculous in their detail. They are all about the assumption that one of the two parties is going to try and cheat the other. IMHO there's no way we can cover all those potential bases - but trying surely does make a statement, now doesn't it?

IMHO a 30 page statement of protectionism is NO WAY to start a relationship. That was my point about contracts.

Trust goes WAY beyond a contract or a document. It permeates our thoughts and our actions.

Its time we learned to trust again.

reb

My two cents:

Contracts are not always a trust thing. I use them to make sure my client and I are on the same page with a project. There's not a lot of legal stuff, but I do ask them to sign the thing before I start work because it makes the arrangement official. It also allows the client a way to hold me accountable for what I said would be done on their behalf.

The lack of trust certainly does permeate our culture, much of it undeserved and the result of paranoia (I think).

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