Writing Wednesday: Can a Letter be a Contract?

I was recently asked whether a “letter agreement” or “letter of intent” actually constitutes a contract. The individual in question had been asked to sign a “letter of intent” by someone claiming that the letter was only a summary of deal points and not a binding contract even if signed. To which I say, beware. In many states, a signed “letter of agreement” or “letter of intent” is a contract, binding on everyone who signs it. The facts may change depending on the situation, but as a general rule you should never sign anything unless you are willing to be

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Lessons From an Urchin

This is Wilson. Wilson is a blue tuxedo urchin (aka “globe urchin” – Mespilia globulus). The reason for his name should be obvious – from the top he looks strikingly like a tennis ball (pun intended). From the bottom, he looks like this: That’s his mouth in the center. The five “teeth” are known as “Aristotle’s lantern,” based on a description of the urchin’s mouth in Aristotle’s History of Animals. The teeth are self-sharpening. Many urchins feed on algae or other objects attached to rock, and their teeth can apparently chew through stone. Wilson prefers seaweed. He also likes algae,

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Colorado Gold Conference Appearances

As I mentioned last week, I’m speaking at the 2011 Rocky Mountain Fiction Writers Colorado Gold Conference in September. Actually, I’m speaking twice. I’m teaching a Friday morning Master class on publishing contracts and also a Saturday afternoon seminar called “Fair is Foul and Foul is Fair: Copyright, Infringement and Fair Use.” The Master classes require pre-registration, but the Saturday class is open to all regular conference attendees. The conference brochure describes the Master class: Practicing attorney Susan Spann will examine Contracts and Copyrights: How to Read and Understand a Publishing Deal. During the first part of the workshop, Susan

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Kicking it up a Notch

While drafting a contract the other day, I had a revelation that had nothing to do with law. Each of us has something we aspire to (some of us many things) and other things we do well. Sometimes those skills overlap, but often they don’t at first. The key to achieving a dream is in the achievement – in working until we perform the desired skill with competence and grace. The case in point is writing. I write contracts for a living, historical fiction “on the side.” I’ve been writing fiction for many years, but started focusing on craft about

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Outing the Lawyer – For a Good Cause

My name is Susan, and I am a publishing lawyer. The Job of Which We Do Not Speak is the practice of law, specifically transactional law, and my practice includes intellectual property, business (formation and transactions), contracts, and sometimes probate. The lion’s share of my practice is intellectual property – specifically publishing and related contracts, transactions, copyrights, and trademarks. When I started this blog I didn’t disclose my profession, mostly to keep a division between my writing and other work. I don’t want the publishers, agents, writers, and editors I represent to feel any obligation to look upon me a

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A Gift of Dragons

Sincere thanks to everyone who stopped by and commented during last month’s A to Z Challenge. It was a fun event and definitely worth doing. I found several new blogs to read, and it’s always fun to try something new. Posting will return to my regular Monday-to-Friday schedule now that the challenge is over, but I have one last item of challenge-related business: the Big Surprise. There are plenty of websites with pictures of green-spotted dragonets: and starry dragonets (aka “scooter blennies”): but very few with both, and fewer still with images of the starry dragonet raising his “warning” fin.

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