So after our Copyeditor’s Desk client tried to faze an indemnity clause past us in our 2009 contract, I politely demurred. We couldn’t, said I, sign a contract in which we promised to pay their lawyer’s fees for any action they should take against us, regardless of whether we were in the wrong or the right. In Arizona, I observed, courts generally award lawyer’s and court fees to the complainant if the suit is found to have substance. And, I added, the proposed arrangement was not fair to us.
It worked. The client allowed as how this paragraph was a piece of boilerplate she’d lifted off the Web and thanked us for pointing out its unfairness. She asked that we simply cross out and initial the offending passage and said the company would accept the revised agreement.
What a relief! Naturally, I wasn’t happy about causing a stink over a contract with our bread-and-butter client. On the other hand, there’s no way we could have agreed to any such arrangement. Better to go hungry now than to be pauperized later by circumstances over which you have no control.
A$k, and ye shall re¢eive.