HA! That's so true. I am so sick of this---am so ready for this to be gone. I have signed a contract in blood with my girlfriend to only self publish and epublish least she flog me.

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A life well-lived is its own novel.

One thing to consider: while there are bad phrases in contracts from most publishers, items to be aware of and remove, this is absolutely the first time I've ever even HEARD of the kind of phrase you're having trouble getting out of. The FIRST. The ONLY. I've been doing this for 40+ years and have written about 45 books. I'm also a two time president of a writers' association whose members have written hundreds of books. I'm willing to say it's unlikely you'll ever run into it again (and, if you did, you wouldn't sign the contract). So don't deep six trade publishing completely, but do keep your eyes open.

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Charlie Self
www.charlieselfonline.com

Are you sure he's not reading this web site/thread?? To be on the safe side, I would conduct all future discussions with ideas off site, in private emails. But that's just me.

It sounds awful, Willow. I had no idea such contracts existed...

Good luck with this and everything else you are dealing with.

Colleen

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"All you have to do is write one true sentence. Write the truest sentence that you know." (Hemingway, "A Moveable Feast.")

"Write the Truth." (Author's advice written in signed copy of Robert McKee's "Story.")

Oh, Colleen, no. I enjoy listening and learning from poor Willow's bad experience.

Just have to say I don't want you on my bad side, Charlie!

Willow, we all sympathize and wish you well. Like Charlie's mentioned, become the author no publisher wants to work with!

Good luck. Keep us posted.

Kathy

I agree with Charlie. Never burn your bridges, especially the one leading to the entire print industry! Not now that you're smartened by experience and can actually read if the contract is proper and decent for you.

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Founding member of The Blood-Red Pencil
http://bloodredpencil.blogspot.com

I fired my attorney and started negiotiating with them myself. I didn't go the threatening route (yet). I approached it from a win-win situation knowing that if you saw him off at the knees his only choice is to fight back so tried FIRST the 'art of negiotating.' Got a response back which wasn't conceding much to me--sent another response about why it would behoove him to help me and not hinder me and never heard from them again!

I'm not naieve enough to think this all over but something has slowed the process. He might be out of the country--don't know. Am willing to go the hard route with him but thought I would start a little more civil and let him drag it there.

In the meantime, I asked for my file from my atty who never returned my file which says alot about how much she might NOT have kept up with it.

Anyway, that's where it's at to date.

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A life well-lived is its own novel.

Jeez, Willow. You don't live all that far from me, but you seem to find troubles. After a reasonable time with no response from the legal beagle, inform her that you'll shortly be notifying the local bar association of her refusal to turn over your file.

See if that wakes her up.

Next, shop around for a competent attorney. IMO, this woman has done nothing at all for you. This case should have been settled out of court months ago, in your favor. She's either dead lazy, or incompetent, maybe both. You need a pushy, abrasive SOB or DOB who knows the ins and outs. Actually, forget the DOB. Given this guy's cultural background, you'd do better with an SOB. He could well be ignoring your female attorney.

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Charlie Self
www.charlieselfonline.com

Yes her performance was disappointing to say the least and she's an IP atty--go figure. She was also recommened by one of the larger writers organizations. AKKK!!

We'll see where this all leads....

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A life well-lived is its own novel.

Yes, we will. I'm about half-juiced on curiosity about just where it will end up.

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Charlie Self
www.charlieselfonline.com

You probably should inform the writers org about her incompetence as well, so they don't make any further recommendations.

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Founding member of The Blood-Red Pencil
http://bloodredpencil.blogspot.com

So the last time I heard from the publishers atty was the end of Oct and now silence. Am not sure if the publisher is out of the country as he is frequently or they are just leaving this thing hanging so that I can't write for anyone else until the Future Options clause is figured out. As it is, it is still standing. So I think they must be treading water?

Does any one else have any thoughts on why they have not responded once I got involved?

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A life well-lived is its own novel.

Here's my guess and I realise it's most likely I'm completely wrong: They know you're not an attorney, so they figure you won't know the legal ins and outs and your rights etc, and they can bluff you.

Likley. But wouldn't they BULLY me with threats and not silence? I don't understand the absolute silence and non action on their part.

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A life well-lived is its own novel.

Perhaps it's that they know they've got you locked into a contract and they figure they'll just ignore you and wait it out.
Just keep hammering on their door, mate. What else can you do? You know how sociopaths work better than the rest of us.
And let them know that you're going to tell everyone about the shoddy treatment you're receiving. Drop names like: Writers Weekly, Writers Digest, Winning Writers Network, and anyone else that deals with writers and editors. They won't like that.
Blinking bullies!

I agree with Wendy, but I also think part of what's happening now is because you're handling this yourself. You, I, almost all of us, are missing the legal education that would provide us with a way to handle the nuances, to know how to do the lawyers' dance, how to face the SOBs down without crossing any legal lines.

I know your last lawyer was a useless layabout, but you need another one, a good one, one that has at least a slight familiarity with intellectual property contracts. And, unfortunately, most lawyers also seem well educated in all forms of procrastination, so more time lost is probably unavoidable.

If your last lawyer has not yet turned over your files, I would seriously threaten her with a report to the local bar assocation. Go from there. If you don't have the files in a reasonable time--10 days, say, since all she has to do is gather the files, stick 'em in a Priority Mail envelope and fire 'em off--report her.

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Charlie Self
www.charlieselfonline.com