Attorney or Agent?

“Do I need an attorney or an agent?” is a question we often hear, and the answer depends on your needs as an author, illustrator, publisher, or other publishing professional.

Some authors who retain our legal services have already placed their work with a publisher and would like assistance negotiating their contract or addressing difficult, complicated, or unusual issues. Other clients have made arrangements to contribute to a project and are generally comfortable with the terms, but are faced with a contract that contains provisions they don’t fully understand. Some of our clients have their own literary agent, but desire an independent and additional level of review.

Some clients seek our legal advice while preparing their manuscripts if questions arise about (for example) seeking permissions for the use of others’ work, securing releases for interviews they have conducted or will conduct, or understanding when releases may be required from individuals in photographs.

Lucas LLP also advises clients who have decided to work with others on a project, preparing collaboration agreements, assignments of copyright, or work-made-for-hire agreements.

The examples noted above also reflect some of the work we perform for our publisher clients in both print and electronic media, and for clients who work in other creative endeavors.

In an attorney-client relationship, our clients compensate us for our services on a fee basis as services are provided, as well as for out-of-pocket expenses we incur on a client’s behalf. Payment of fees and expenses is not dependent on the outcome of a particular matter or on successful completion of a negotiation or transaction. Fees, anticipated expenses, and other details of arrangements for our legal services are discussed between Lucas LLP and potential clients before work begins, and are confirmed in a written engagement letter.