’Tis the season where our feeds are flooded with planning posts to help drive your strategy for the year ahead.
While inherently insightful or inspirational, these articles have one thing in common: they often disregard the importance of legal protection for yourself, your agency, your clients and your work.
I get it. It’s stressful. It’s complicated. It’s no walk on the beach. In my world I’ve seen the legal joys and woes of agencies, year after year.
Tasks like legal audits, or regular reviews of policies and agreements, tend to fall in priority along with New Year’s resolutions.
Protect and Promote Your Agency Business
Before you present your next new business pitch, onboard a new client or freelance partner, or launch a groundbreaking content strategy, keep in mind there are risks and rewards at every turn.
For any move you make in the year to come, pose the following questions to yourself and leadership teams to ensure your best laid plans stay that way.
Also, view our past year’s top resources on these topics for further information to consider.
Agency New Business
Is your agency taking the proper steps to protect your intellectual property, so that potential clients can’t use your concepts and ideas, or share them with other Agencies?
5 Legal Mistakes Your Agency is Making in the Pursuit of New Business (And How to Fix Them) (HubSpot Blog)
Agency-Client Relationships
Are your Agency-Client relationships all defined in writing? Do you have a master agreement that incorporates your agency’s standard proposal, statement of work, or scope of work document as an exhibit?
10 Legal Points Your Agency Needs to Include in Every Client Service Agreement (Law Lessons)
Freelance, Vendor and Partner Agreements
Does your Agency have a formal contract for freelancers or vendors?
Got Freelancers? Why Your Agency Needs an Independent Contractor Agreement (Law Lessons)
Agency Confidentiality Agreements
Do you have confidentiality agreements in place to properly protect your company and the work you have created with clients and vendors? What steps do you take if a prospect or client doesn’t want to sign your NDA?
The Mutual Non-Disclosure Agreement: How to Protect Your Agency (Law Lessons)
Trademarks, Brand Protection & More
Do you know how to clear or secure trademarks for your clients’ brands? Do you have a clear process for communicating with the client about trademark law issues, and a documented workflow to ensure that no trademark law due diligence is missed?
Trademark Law and Brand Protection: The Agency Quick Guide to Trademarks (Law Lessons)
Content Marketing and Social Media Compliance for Agencies
Do you understand the important elements of legal compliance in social media and content marketing, including the FTC’s rules on disclosure and transparency? Could your Agency enhance its advisory through guiding clients on the appropriate policies to keep all parties on the right side of the law, including the management or publication of third-party content?
Social Media Law and Your Agency – The Rules You Need to Know Now (Law Lessons)
Intellectual Capital as Revenue
Have you ever reviewed your Agency’s intellectual capital, or consider investing in a strategy, to create additional revenue streams?
Bonus Material: Here’s another timeless post from the HubSpot agency blog that can help you in your planning (and maybe get more sleep in the process): How to Protect Your Intellectual Property and 4 Other Legal Issues You Can’t Afford to Ignore
Start Here
Not ready to go all in for 2017? We know that clients are at the core of your agency legal priorities. In the least, make sure your existing client relationships remain secure, and top of mind.
Download our free checklist here on Agency-Client Essentials and preview the new Essentials Toolkit – Agencies + Clients Edition.
About Author Sharon Toerek, Principal, Toerek Law
Sharon Toerek is Principal of Toerek Law, where she focuses her national law practice on helping professionals in the advertising, marketing and creative services industries protect and monetize their intellectual capital, and manage the legal implications of their marketing and advertising work.
Sharon provides proactive, strategic counsel to communications, marketing, advertising and creative agencies on legal and business issues they face continually in their businesses.
Sharon is a nationally recognized author and speaker to advertising and communications industry organizations, advertising agencies, and in-house marketing teams, and has created and presented numerous training sessions and conference presentations to industry professionals on timely industry legal issues.
She is the Publisher of the marketing industry legal blog Legal + Creative, and is also the Author of the Legal + Creative Agency Protection System, a comprehensive legal education resource and toolkit for marketing, ad and creative services agencies. Learn more, contact Sharon, and connect at www.legalandcreative.com.