Problems with Agency Contracts?
Thread poster: Sven Petersson

Sven Petersson  Identity Verified
Sweden
Local time: 06:20
English to Swedish
+ ...
Nov 26, 2005

We all get agency agreements to sign, but should we sign them? Few of us have the legal competence required to fully evaluate the possible consequences of signing. It would be prudent to seek Counsel’s advice on each single contract before signing, but that is not financially feasible since most agencies provide insufficient work opportunities to justify Counsel’s fees.

What could be done to level the playing field?

This is my suggestion:

Create the ProZ.com Agency Contract Board.

Proposed format and rules:

Contracts proffered may be posted in PDF format on the Agency Contract Board by Platinum Members and by Translation Agencies. ID Verified Platinum Members who are Freelance Translators may state if they have or would be willing to sign a posted Contract, or not. Possible answers should be limited to:

- I have signed it and I do not regret signing

- I would sign it

- I would not sign it

- I have declined signing it

- I have signed it and I do regret signing

Space should be provided where specific comments could be placed, but it should be optional to make comments.

Agencies should be provided space to rebut Translator’s Comments.


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Kim Metzger  Identity Verified
Mexico
Local time: 23:20
German to English
Agency contracts Nov 26, 2005

Excellent idea, Sven. I'd also recommend reading Derek Gill Franßen's new article published in the articles database:

http://www.proz.com/translation-articles/articles/554/1/Contracts-I:-Would-you-sign-this?


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Richard Creech  Identity Verified
United States
Local time: 00:20
French to English
+ ...
A good idea Nov 26, 2005

I agree that it would be a good idea for there to be some way for proz.com members to exchange information about contract terms. Note however, that with respect to price terms there are some anti-trust concerns. I am an attorney who used to work quite a bit with contracts. Now I work both as a freelance translator and as the head of a legal translation agency, so I have seen agency contracts from multiple perspectives. When translators work for me, I only offer them contracts that I would myself be willing to sign.

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Egmont
Spain
Local time: 06:20
Afrikaans to Spanish
+ ...
An excellent idea... Nov 27, 2005

Richard Creech wrote:

I agree that it would be a good idea for there to be some way for proz.com members to exchange information about contract terms. Note however, that with respect to price terms there are some anti-trust concerns. I am an attorney who used to work quite a bit with contracts. Now I work both as a freelance translator and as the head of a legal translation agency, so I have seen agency contracts from multiple perspectives. When translators work for me, I only offer them contracts that I would myself be willing to sign.
...and you can even pay with BrowniZs...


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xxxMarc P  Identity Verified
Local time: 06:20
German to English
+ ...
Problems with Agency Contracts? Nov 27, 2005

Sven Petersson wrote:

Few of us have the legal competence required to fully evaluate the possible consequences of signing.


ITI members have access to a legal hotline. Other professional associations may offer something similar. Where liability issues are concerned, liability insurers are not only willing, but indeed keen to offer advice, as it's in their interests to do so.

Marc


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Erik Hansson  Identity Verified
Germany
Member (2002)
Swedish
+ ...
Good suggestion! Nov 28, 2005

Good suggestion, Sven! I have now and then refrained from signing a contract from a new client (translation agency), just because I couldn't know the consequences of going into that business relationship. Mutual exchange of information and experience would be a good idea - after all that's one of the main thoughts behind ProZ.

Erik

**********************************
Erik Hansson ( SFÖ )
Technical translator DE-SV
Hansson Übersetzungen GmbH
Am Birkenwäldchen 38
D-01900 Bretnig-Hauswalde, Germany
Phone +49 - 3 59 52 - 321 07
Fax +49 - 3 59 52 - 322 02
E-Mail info@hansson.de
Internet www.hansson.de
Internet www.t-translators.net
Internet www.technical-translators.net
ProZ profile http://www.proz.com/pro/21654
***********************************

[Edited at 2005-11-28 05:34]


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Mats Wiman  Identity Verified
Sweden
Local time: 06:20
Member (2000)
German to Swedish
+ ...

MODERATOR
Brilliant! Nov 30, 2005

Very good suggestion Sven.

Please go ahead Henry!

Mats


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Henry Dotterer
Local time: 00:20
SITE FOUNDER
Adding to todo list Dec 1, 2005

Thanks for another good suggestion, Sven. I am adding this to our todo list.

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Charlotte Blank  Identity Verified
Local time: 06:20
Czech to German
+ ...
What has happened to this? Oct 16, 2006

Henry wrote:

Thanks for another good suggestion, Sven. I am adding this to our todo list.


I could not find anything about this in the new outfit, or where has it hidden?

Charlotte


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