Do I Have Legal Exposure for Client Contract?

[susannaCO]

What is the name of your state (only U.S. law)? Colorado...Contract signed with someone based in New York

I have a PR firm and one of my clients asked me to publish a book and to hire creative talent, as needed. I found and vetted a ghostwriter and he and my client signed a contract for writing services worth $10k. My client paid the ghostwriter $4K at signing, but he failed to write anything--my client did all the work. The ghostwriter verbally agreed to end the contract saying my client owed him nothing, but now he's threatening to sue. He has an online arbitration clause in the contract...not sure how that even works.

There's been no formal written notice to him. My client asked me to handle it verbally. Shouldn't the client put something in writing to him?

My question is...do I have any liability in this situation?

Thanks in advance!

 

[tranquility]

What is the name of your state (only U.S. law)? Colorado...Contract signed with someone based in New York

I have a PR firm and one of my clients asked me to publish a book and to hire creative talent, as needed. I found and vetted a ghostwriter and he and my client signed a contract for writing services worth $10k. My client paid the ghostwriter $4K at signing, but he failed to write anything--my client did all the work. The ghostwriter verbally agreed to end the contract saying my client owed him nothing, but now he's threatening to sue. He has an online arbitration clause in the contract...not sure how that even works.

My question is...do I have any liability in this situation?

Thanks in advance!

Sorry, but, it depends. The main issue is who the ghostwriter felt he was working for.

 

[susannaCO]

Sorry, but, it depends. The main issue is who the ghostwriter felt he was working for.

The ghostwriter referred to me as a "middle man" and he coordinated interviews & directives for the CEO (my client) through me, but worked directly with my client. The CEO was the decision maker in all matters, including paying invoices & ending agreement.

 

[tranquility]

The ghostwriter referred to me as a "middle man" and he coordinated interviews & directives for the CEO (my client) through me, but worked directly with my client. The CEO was the decision maker in all matters, including paying invoices & ending agreement.

That may very well be a good thing. But, it does not keep you out of court.

 

[susannaCO]

That may very well be a good thing. But, it does not keep you out of court.

So, even if I don't sign the contract, I can be held liable? Doesn't sound right. I also have a "hold harmless" clause in my contract.

Are you a lawyer?

 

[justalayman]

So, even if I don't sign a contract with someone, I can be held liable? Sounds wrong. I also have a "hold harmless" clause in my contract.

Are you a lawyer?

You have a hold harmless clause in what contract with whom?

 

[susannaCO]

You have a hold harmless clause in what contract with whom?

I have a contract with my client for PR services and, in that contract, I have an indemnity clause.

 

[latigo]

I have a contract with my client for PR services and, in that contract, I have an indemnity clause (?).

Indemnifying you against what?! Are we supposed to guess? (The site doesn't charge by the word and brevity may have its place, but not here.)

___________

Anyway, let me ask you if you are a lawyer? Because if not, don't be providing your "client" with legal advice by complying with client's request that you handle it and/or suggesting how and what response should be made.

In the first place it would be illegal to do so. Secondly, the more you stick your nose into this dispute the greater the perception that you have some equitable stake in it and the more chance that it will come out bloody.

As for you being personally liable to this so-called "ghostwriter" (perhaps more aptly ghost rider) - simple.

IF at the outset in hiring this person you disclosed to him that you were doing so solely on behalf of and with the express authority of your named client AND YOUR PARTICIPATION ENDED THERE, then under established principles of agency law you bear no liability for the payment of his services.

 

[susannaCO]

Indemnifying you against what?! Are we supposed to guess? (The site doesn't charge by the word and brevity may have its place, but not here.)

___________

Anyway, let me ask you if you are a lawyer? Because if not, don't be providing your "client" with legal advice by complying with client's request that you handle it and/or suggesting how and what response should be made.

In the first place it would be illegal to do so. Secondly, the more you stick your nose into this dispute the greater the perception that you have some equitable stake in it and the more chance that it will come out bloody.

As for you being personally liable to this so-called "ghostwriter" (perhaps more aptly ghost rider) - simple.

IF at the outset in hiring this person you disclosed to him that you were doing so solely on behalf of and with the express authority of your named client AND YOUR PARTICIPATION ENDED THERE, then under established principles of agency law you bear no liability for the payment of his services.

What a jackass you are...you can take your insulting attitude and disjointed "legal" opinion and stick it. I'll find a lawyer who's at least passed the bar exam.

 

[justalayman]

What a jackass you are...you can take your insulting attitude and disjointed "legal" opinion and stick it. I'll find a lawyer who's at least taken the bar exam.

If you are looking for an attorney who has taken the bar exam, and even passed it, I can recommend one. He uses the user name of Latigo.


Oh, never mind. That's the guy you just told off.

 

[Silverplum]

What a jackass you are...you can take your insulting attitude and disjointed "legal" opinion and stick it. I'll find a lawyer who's at least taken the bar exam.

Well, then.

 

[justalayman]

The worst part about op's insulting comment to Latigo is his post was actually good advice.

I suppose this is the appropriate time to say to op;

If you disagree with the advice provided you are welcome to hire an attorney who can charge you for the same advice.

 

[susannaCO]

The worst part about op's insulting comment to Latigo is his post was actually good advice.

I suppose this is the appropriate time to say to op;

If you disagree with the advice provided you are welcome to hire an attorney who can charge you for the same advice.

You know, I think it may well be worth the fees to deal with an attorney who is both knowledgeable and respectful. People come here for advice and help...not to get condescending, hostile replies from an egotist masquerading as a lawyer.

I've been helped here before by really terrific people--they were all great. Latigo? Not so much. Maybe while he's studying for the bar, he can take a few anger management classes...

 

[Silverplum]

You know, I think it may well be worth the fees to deal with an attorney who is both knowledgeable and respectful. People come here for advice and help...not to get condescending, hostile replies from an egotist masquerading as a lawyer.

I've been helped here before by really terrific people--they were all great. Latigo? Not so much. Maybe while he's studying for the bar, he can take a few anger management classes...

Latigo didn't have a whirlwind freakout that resulted in a fiesta of rudeness.

 

[justalayman]

You know, I think it may well be worth the fees to deal with an attorney who is both knowledgeable and respectful. People come here for advice and help...not to get condescending, hostile replies from an egotist masquerading as a lawyer.

I've been helped here before by really terrific people--they were all great. Latigo? Not so much. Maybe while he's studying for the bar, he can take a few anger management classes...

Horse-----water------drink


Oh well. sorry for your parched throat.

Latigos post was honest and actually filled with advice, valid advice. If you think paying for advice guarantees respect and no condescension, well, i suggest you hang on for dear life. When reality finally catches up to you you are going to have one hell of an awakening.