A common question new copywriters have is, “Should I have a contract?”

I used to say no. Because, to be quite frank, a contract is only as good as the person who signs it. If they don’t pay you, you’re going to be out the money, no matter what the contract says.

Furthermore, the cost of legal action nearly always exceeds the fee you might collect. And who wants to be entangled in a lawsuit anyway?

But the longer I’ve been in business, the more I realize there is value in having a contract, simply because it sets expectations and provides a written record you and your client can review if and when your memory fades.

And it’s not really a question of “if.” It’s a question of “when.”

Anytime you’re working with a client for the long-term (say three months or longer), there will be times when you forget the finer points of your agreement and need to review it.

The same is true when you enter any kind of contract. Example: We’ve been renting a house for the last 19 months. Now our landlord is claiming we had a verbal agreement that I would pay for the carpets to be cleaned before we vacate the house.

I had no verbal agreement. My wife had no verbal agreement. But that doesn’t really matter.

What does matter is there is no such thing written into our rental contract. Ah… and that’s why it’s so important to have the written contract. I can easily point to the contract and show my landlord that we did not agree to have the carpets cleaned before vacating.

Now, what if a client comes back to you and says you agreed to write a series of autoresponder emails when you only agreed to write a sales letter? If you have a written contract, you both know what you agreed to. Otherwise, it’s your word versus your client’s — not an enviable position to be in.

A Chinese proverb says, “The faintest ink is more powerful than the strongest memory.”

Bottom line: A contract may not prevent you from being ripped off, but it can certainly set — and remember — expectations and agreements so that you can quickly end a dispute if one should ever arise.

-Ryan M. Healy

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