10 Questions You Must Ask Before You Hire a Ghostwriter

Do you dream of writing a book--but lack the time, ability, or both to do so? Like many would-be authors, you may be considering hiring a ghostwriter. 

The question is--how? Do you post on craigslist--and then try to weed through dozens or even hundreds of responses? Or Google to find the right person? Regardless of how you winnow your list, I suggest you ask the following questions of a potential ghostwriter: 

1. How many published books have you ghostwritten or coauthored? 
Be wary of ghosts who only have a few credits to their names. You want an experienced ghost who has ghosted books before--in general, the more, the better. At the minimum, you want a ghost who has authored and published his or her own books.

2. How many different publishers have you worked with? 
The more publishers a ghost has worked with, the better. Every editor and every house is different, so a ghost who has worked with different ones has more experience pleasing different editors--and meeting their requirements--than someone with less experience.

3. Have you worked with authors who have chosen POD, or print-on-demand, publishers as opposed to traditional publishers? 
Many authors decide to use a POD publisher instead of pursuing a traditional publisher. If that's the case, hire a ghost who has worked with clients who chose that route. An experienced ghost can also advise you on the right publishing package to buy from a POD company--and which things, like YouTube videos costing thousands of dollars to help "promote" your book--that are a waste of money.

4. How much do you charge? 
I've seen a trend (disturbing to a ghost like myself) of clients wanting to pay as little as possible for a book. Well, you get what you pay for. Depending on the scope of work, experienced ghosts typically charge in the range of $20,000 to $50,000+ to ghostwrite a book. If you think you'll find someone who will do it for significantly less than that (and forget about working for a "share of royalties" or some other nebulous promise), you can expect less-than-professional work. (Can't afford that? Consider writing your book on your own, and hire a developmental editor instead.) 

5. Can you show me samples of published work? 
While your voice is unique and a ghost will capture it, you want to see samples of his published work.  

6. What's your background? Have you written about the subject of my book before? 
One of the reasons I ghost books about health, wellness, fitness, nutrition, and psychology is because I've been writing about those subjects for more than 19 years. As a result, I have a deep background in these topics, and as an ACE-certified personal trainer and I know much more about fitness than the average writer. If you're writing a book about real estate, you want a ghostwriter who knows what "comps" and "curb appeal" mean. If your book is a memoir, you want a ghost who specializes in true-life stories. And if you're writing a cookbook, you may want a ghost who has experience developing recipes or meal plans. 

7. How do you typically work with clients? 
Some ghosts like to spend a lot of time on the phone with clients; others (like me) work almost exclusively via email. In general, the more phone time and back and forth, the more your ghostwriter will charge. Make sure to ask how the ghostwriter typically works with clients, and consider whether that jibes with how you want to proceed.  

8. Can I see your ghostwriting contract? 
An experienced ghostwriter will have a standard contract; make sure you read it carefully before you sign and pay a retainer. 

9. What kind of work can you perform for me? 
In some cases, you may provide all of the material your ghostwriter needs to write your book. In others, you may want your ghost to do background research, conduct interviews, and do other work in addition to writing. If that's the case, you'll want a ghostwriter who has a journalism or freelancing background. If your ghost can conduct independent research for you, that will save you time in the long run. 

10. Can you give me the names of former clients?  
An experienced ghost should have plenty of satisfied clients who will recommend him or her. (At this point in my career, 95 percent of my work comes from personal referrals.) If you're planning to spend tens of thousands of dollars on a book, it's worth it to vet your potential ghost. If you're not happy with what you learn, continue your search for the right ghost for your project.

**Kelly James-Enger ghostwrites books for a variety of clients, primarily those in the health, wellness, fitness, nutrition, and psychology fields. She's also the author of Goodbye Byline, Hello Big Bucks, Second Edition: Make Money Ghostwriting Books, Articles, Blogs and More. 

No Consideration=No Contract (Talking Money Upfront)

I was intrigued by this post on Contently about a fellow freelancer's new ebook about making a six-figure living as a freelancer. As an author with a book with a similar name, (though it sounds like mine is quite a bit longer), I was intrigued by the concept. I agree that much of freelancing success can be summed up with succinct tips. One of hers is to "think of writing like a business," and this is critical for freelancers, especially new ones.

Case in point--I just heard from a potential client this morning (we've been in touch via email already). She offered me an assignment of several blog posts. That's great! She told me the topics she wants me to cover, and gave me a deadline of Friday. I asked her about word count, and she told me what she needs. Great. There's only one problem--we haven't talked money yet (though she did ask me to quote her a fee.)

But without agreeing on my fee, we don't have a contract yet. (Legally, because no "consideration" or value, has been identified for the blog posts, no contract exists. Thank you, law school.) 

And I won't work without a contract. That's because I always think of writing like a business. I emailed her back promptly with my bid, and asked her to let me know ASAP if that rate will work. If she says "yes," I have a contract (which I'll confirm in an email to her) and I'll get to work. If not--well, then I don't have a contract, so I don't have an assignment. 

Sounds obvious, right? But I know writers who have been burned doing work for clients before they've hammered out their fees and that never ends well. You need a contract--even it it's an email contract--before you start work.   

***Yeah, I have my own book with 101 tips to freelancing success--Writer for Hire: 101 Secrets to Freelance Success.It still hasn't earned out yet (more about that later) but it's sold more than 4600 copies since it was published in 2012, which is good news. 

5 Contract Clauses to Watch for--and Change if you Can

Thanks to the 39 people (so far) who have entered my latest giveaway; I'll be addressing many of your questions and suggestions in the future, and will announce the winners on Monday, March 14!

In the meantime, let's take a quick look at a topic that stymies many freelancers: contracts. (Thanks, Kristine and Lisa, for the suggestion.) If you have the opportunity to write your own contract, create one that favors you instead of the publisher.(For example, you might specify that you’re selling one-time rights to a story and require payment within two weeks upon acceptance.) Usually, however, publishers will have their own contracts that they expect you to sign--and that's where things can get sticky.

Pay special attention to contract provisions including:

• Work-for-hire/all-rights. During the last decade, one of the hot issues with publishing contracts involved electronic rights, whether it was the right to put a story on the Web and/or include it in an online archive. Those rights are distinct and separate from print rights, so the writer-friendly argument was that publishers should pay additional money for those additional rights. Many writers were able to negotiate for more money, and some contracts even specified a certain amount (e.g., 10%) for the electronic rights to the story. Now, more publishers are simply asking for all rights to work. Understand that when you sell all rights (sometimes called a “work-for-hire” agreement) to a story, you’re precluded from reprinting or reusing that piece every again.

• Exclusivity. A common clause in national magazines requires you to agree “not to write about the same or similar subject of the work from the date hereof until six months after the on-sale date of the issue of the magazine in which the work is published.” There are several issues with this clause. First, what if you want to write about the same (or similar) subject in the near future? And what happens if the story gets pushed back again and again? Signing this provision means you could be prevented from covering a similar subject for a different publisher for months and months while you wait for your first story to run.

• Indemnification. An indemnification provision provides that you'll defend the publisher if it's sued over something you’ve written. But what if your work is rewritten or edited and factual errors are introduced, resulting in a lawsuit? Then you could be indeminifying the publisher for something you didn't even do! Unfair, and unrealistic.

Also watch for provisions that ask you to indemnify the publisher for “any and all” claims resulting out of the assignment. Think about it. Anybody can sue anyone for anything, and if a reader sues the publisher, claiming that reading your article on foot pain gave him a brain tumor, you’re now required to help defend the publisher. More writer-friendly language is “claims arising out of the breach of this agreement.”

In other words, if you breach the agreement by plagiarizing or libeling someone, for example (nearly every contract has a provision where you assert that your work will not plagiarize or libel someone), you indemnify the publisher. You made the mistake, so you’re on the hook. That seems fair even to me.

• Confidentiality provisions. I've seen a few contracts that include confidentiality clauses that preclude the writer from discussing the actual terms of the contract with anyone. A provision like this hamstrings writers by preventing them from even discussing the terms with another writer—which seems like over-reaching to me. (This differs from common confidentiality clauses where you agree not to discuss the subject of your assignment except as needed—say with sources.)

• Research notes and other materials. More contracts are asking that you turn over “all notes, transcripts, and research materials” created while researching and writing the story. This provision is troublesome because you’re selling rights to the article itself (i.e. 1,000 words on how to house-train a puppy), not all of the research that may or may not make it into the story. My opinion? Those are your research materials, not the publisher’s, and I would strike this language.

And how do you change a contract? You have several options.

If you don’t like a certain provision, you can always strike it by crossing it out and adding your initials and date. However, the editor or client must agree by countersigning the change.

I find it faster and more efficient to pick up the phone to negotiate contract changes. Start by thanking the editor for the assignment, but adding that a couple of the contract provisions are problematic for you. (Sound familiar? This is similar to how I ask for more money.)

Then make your case, keeping in mind that she may not understand her own contract (or even have read it.) For example, “I’m looking forward to working with you, but this indemnification provision basically asks me to act as an insurer and I can’t promise that no one will ever sue you as a result of the story.”

Give her a reason to say “yes” to your contract changes. If she won’t give, ask if she can modify the contract to better fit your needs. And if she refuses to or cannot change the contract, then it's up to you whether to take the assignment.

A Month of Templates: A Coauthoring Contract

Last post, I gave you a simple contract/letter of agreement. But what about when you need a more formal contract--like when you work as a ghostwriter or coauthor?

Here's the kind of agreement I like to use; I made a few comments in green:

Coauthoring Collaboration Agreement

THIS AGREEMENT is made on the _____ day of __________, 2010, by and among CLIENT of CITY, STATE (hereinafter referred to as CLIENT) and Kelly James-Enger of Downers Grove, Illinois (hereinafter referred to as James-Enger). The parties agree as follows:

1. Subject to the terms and conditions herein, CLIENT and James-Enger agree to collaborate exclusively with each other in the preparation of a book proposal based on CLIENT's book idea. [You can be more specific here if you like, and describe more about the project you're taking on.]

2. The fee for the proposal will be $7,000, payable to James-Enger in the following amounts:
• $2,000.00 to James-Enger upon signing of the agreement;
• $2,500.00 to James-Enger upon delivery of the draft of the proposal;
• $2,500.00 to James-Enger upon delivery of the final proposal, including one sample chapter. [I suggest you always get a retainer for a big project like this.]

3. CLIENT and James-Enger will work together to create the proposal, and determine mutually-agreeable deadlines at the outset for the delivery of the draft and final proposals. James-Enger will provide one revision of the proposal for the stated fee; other changes requested by CLIENT will be billed at a rate of $100/hour. [This last sentence is to protect me from a client who wants to make change after change after change after change...you get the idea.]

4. Copyright in the book proposal, in all forms and languages throughout the world, shall be held in the name of CLIENT. [Typically my ghosting/coauthoring clients want to retain copyright to their work.]

5. CLIENT agrees to indemnify James-Enger and hold her harmless against any claim, demand, suit, action, proceeding, or expense of any kind arising from or based upon language, information, advice, citations, anecdotal matter, resource materials, or other content of the work that was provided by CLIENT. [My standard indemnification language though I'm willing to tweak it upon request.]l

6. Either party can terminate this agreement by giving the other party written notice; if the agreement is terminated before completion, CLIENT agrees to pay James-Enger for work already performed under the agreement.

7. This agreement sets forth the entire understanding of the parties hereto and may not be changed except by written consent of both parties. If CLIENT acquires a book publishing contract, she can choose to work with James-Enger or with another writer on the book manuscript.

8. The terms and conditions of this agreement shall be binding upon, and the benefits thereof shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto.

9. Both parties to this agreement warrant that they have no other contractual commitment which will or might conflict with this agreement or interfere with, or otherwise affect, the performance of any obligations hereunder.

10. This agreement shall be construed in accordance with the laws of the State of Illinois.

11. Should any controversy, claim, or dispute arise out of or in connection with this agreement, such controversy, claim, or dispute shall be submitted to arbitration before the American Arbitration Association in accordance with its rules, and judgment confirming the arbitrator's award may be entered in any court of competent jurisdiction.

IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above specified.

_______________________________________
CLIENT

_______________________________________
Kelly James-Enger

***

Want to know more about coauthoring/ghostwriting, or add to your collection of templates? My book, Goodbye Deadline, Hello Big Bucks: The Writer's Guide to Making Money Ghostwriting and Coauthoring Books (Kindle version), has all of the templates you need to get started, plus plenty of practical advice about breaking into the field from successful ghosts.

If you're more interested in the templates you'll need for general freelancing, check out Six-Figure Freelancing: The Writer's Guide to Making More Money or its Kindle version. It's helped both new and experienced writers work more efficiently and increase their income.

And if you're just getting started freelancing, I recommend Ready, Aim, Specialize! Create your own Writing Specialty and Make More Money (Kindle version). It's aimed at newer writers and includes 20 queries that sold along with hundreds of resources

A Month of Templates: A Letter of Agreement

When you freelance for many publications, your editor will send you a contract to sign setting out the terms of your agreement. But what about when you take an assignment for a market that doesn't have a standard contract--or when you're working for a client that asks you for one? Then you'll need to draft your own contract, so having a template for a letter of agreement is essential.

And it's not as complicated as you might think. To create an enforceable agreement, you'll want to include the following:

• The date
• Statement/description of the work you're performing
• Deadline
• Description of the rights being purchased
• The amount of money you're being paid
• The name/identity of your client

I like to keep it simple. Here's an example of a letter of agreement I recently used for an editing/ghosting gig:

Dear Dick:

It was a pleasure meeting you and Florence yesterday, and I'm excited about working together on your book. We agreed that I'll track my time and bill you at my standard consulting rate of $100/hour, and will invoice monthly. We've also agreed to keep my total fee at $10,000 or under, so I'll remind you if/when we approach that figure.

I'll provide you with a schedule that sets out our timeframe for the chapters, with a final deadline of January 15, 2010. It's an aggreessive schedule, but I know working together we can meet it.

Could you email me back when you receive this and let me know that you confirm the terms of our agreement? Thank you very much and I'll be in touch soon.

All my best,
Kelly

***
Here's another letter for a regional publication that hired me to tweak a reprint for a fee. (My editor was looking for a piece on New Year's resolutions, and wanted me to rework my story for her market.)
***

Dear Kathleen:

Thanks for getting in touch; I'm looking forward to working with you! I'm writing to confirm our agreement where I'll rework my resolutions piece for you by October 31, 2009. I'll provide a 1,200-word article aimed at an audience of both men and women, and you'll pay me $200 for one-time reprint rights to the story.

Please confirm this agreement by replying to this email, and I'll get to work! Thank you very much and I'll talk to you soon.

Sincerely,
Kelly James-Enger

***
See how simple these contracts are? If you want an actual signature, you can email your client and ask him to print, sign, and return the contract to you--or send this by mail and ask that it be signed and returned.

For straightforward projects like these, a simple letter of agreement will suffice. When I work with a client on a more substantial project like a book proposal, I do like to have a written contract that is countersigned by both parties. That will be my next template...stay tuned!

Before you Disappear: Eight Contract Issues for Ghostwriters

When you write an article for a magazine, newspaper, or website, you sign a contract. When a traditional publisher buys your book, you sign a contract. When you hire a POD company to get your book into print, you sign a contract.

You already know there are plenty of reasons to ghostwrite/coauthor for a client. If you're working for a packager, publisher, or agent, they'll have you sign their contract. If your client is an Everyday Joe or Pro with a Platform, though, chances are you'll write your own.

While every collaboration agreement is different, make sure that yours addresses the eight following elements:

• Pay. Of course I put this one first. How much will you be paid, and when? I suggest you get a retainer upfront. If you client loses interest early on, you want to be paid for the work you've already done.
• Credit. Whose book is this? Are you ghostwriting? If you'll get cover credit, specify how you and your coauthor's name will appear on the cover.
• Scope of work. What are you writing, and how long will it be? Will it be a 30,000-word book or a 75,000-word book, for example?
• Division of work. Will you be researching and writing chapters, which your coauthor will then review, or will each of you be writing? Will your coauthor provide facts, research, anecdotes, or other material for you to use, or are you responsible for coming up with that?
• Deadline. When is the book due? And will you give your client a certain turn-around time (say, one week) to review your drafts and get it back to you?
• Indemnification. You don't want to be sued over libelous material your coauthor provided, so the contract should indemnify you for that.
• Copyright. Will the copyright be held jointly, or in only one of your names? (You can be a ghostwriter and still share copyright, but most clients will want to be the sole owner of copyright.)
• Termination. What happens if one of you dies before the book is complete, or decides you no longer want to pursue the book? This should be spelled out.

If you want to know more about ghostwriting contracts or breaking into this field, check out my latest book, Goodbye Byline, Hello Big Bucks: The Writer’s Guide to Making Money Ghostwriting and Coauthoring Books, or buy the Kindle version.

Coming later this week, straight talk about money, and a preview of a special January blog series.

Get Contract-Savvy: Three Ways to Retain Reprint Rights

Earlier this week, I gave you five good reasons to sell reprints. But to sell reprints, you must own the rights to your work. I've written before about how to negotiate more writer-friendly contracts, but let's focus specifically on how to retain reprint rights. Here are three options to consider:

1. If you're presented with an all-rights contract, ask if the magazine has another version you can sign instead. Many national magazines have more than one "standard" contract--one which requests all rights, and a more writer-friendly one which lets you retain some rights to your work. Sometimes simply asking will get you the better one.

2. If an all-rights contract is offered, ask if you can change it to something more writer-friendly. I've had success changing all rights to first N.A. serial rights and nonexclusive web rights, which lets me resell the work to other print publications.

3. If your editor insists on an all-rights contract, ask if you can retain nonexclusive reprint rights. This was the only option I had when writing web stories for a giant corporation with an ironclad all-rights contract. While my editor wanted all rights, he was willing to let me amend the contract to let me retain nonexclusive reprint rights to my work. That simple change has meant thousands of dollars in income from print magazines that purchase reprints; the editors there don't care that a story appeared online several years ago.

Hey, I do write for markets that insist on purchasing all rights, and won't let me retain anything. But I always try to negotiate a better contract--worst case scenario, the editor says "no." I've found it never hurts to ask.

Before you Sign on the Dotted Line: Contract Advice for Freelancers

You just received a contract from a market that's new to you. You flip to the signature page, sign your name, and return it immediately, right?

Wrong!

Don't rush to signed on the dotted line. While many writers simply accept the language in contracts they receive, you can negotiate better ones when you keep these strategies in mind:

• Read it! Believe it or not, many freelancers don’t read the contracts they sign—or they don’t read them closely. (I did this early in my freelance career—I cared about clips, not contracts.) Highlight anything you don’t understand, and if you have questions about what it means, gather more information and ask a lawyer or other freelancer for help.

• Ease the way. I never start a contract negotiation in a hostile manner. In fact, I express how much I appreciate the assignment and let the editor know I’m excited about it. Then I say something like, “but there are a few parts of the contract I’d like to talk to you about…”

• Guard your rights. Much of contracts are boilerplate, but some provisions can affect your bottom line if you’re not careful. Take exclusivity provisions. Many magazines ask for exclusive rights to a story for a certain period of time, say three or six months. But sometimes the provisions seek to prevent you from writing about a similar subject during that time for other publications. If you specialize, like I do, that may be a real problem. Read indemnification clauses carefully, too, to make sure you’re not signing on to insure the publisher if a lawsuit arises out of the story.

• Don’t give it all away—unless you have to. I’m often asked about all-rights contracts. Should you sign them? On principle, no. But I will sign them if the publisher is offering me enough money, and I don’t think I can reprint the story elsewhere. (I did sign them when I was starting out—remember, I wanted clips, connections, and experience and wasn’t as worried about contract issues.)

• Offer an alternative. If a contract asks for all rights, for example, suggest all rights for a limited time—say 90 days—or for first North American serial rights and electronic rights for a limited period of time. I’ve found that many editors are amenable to changes like this, especially when I’m willing to work with them to create an agreement that will make both of us happy

Sure, sometimes editors refuse to change their contracts, and then you have to decide whether to accept an assignment with the contract “as is.” But often editors are willing to make reasonable contract changes—if you’re willing to ask for them. So why not try?

Don't forget to tune in tonight for my free teleseminar on Six-Figure Freelancing...hope to "see" you on the call!