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Freelance Contract Drafting: Key Terms, Types, Tips, Lawyer Help

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Quick Facts — Freelance Contract Lawyers

What is Freelance Contract Drafting?

A freelance contract is a legally-binding document between a freelancer and client. It outlines all the terms and conditions required for the freelancer to provide specific services to the client.

It needs to be drafted clearly so that both parties understand all its terms and can avoid disputes or project delays.

Read the rest of this article to explore key terms that should be included in a freelance contract, different types of freelance contracts, tips for drafting this essential document, and why you should hire a qualified lawyer to help you with the freelance contract drafting process.

What Key Terms Should Be Included in a Freelance Contract?

A freelance contract should outline core components to protect both parties’ interests. These include the following:

  • Work scope. This is basically a breakdown of the project and services the freelancer will provide.
  • Payment. How much the freelancer will be paid for their services and payment deadlines must be specified to prevent disputes.
  • Ownership. This states who owns the final product that’s created during the agreement term.
  • Termination. How either party can end the agreement must be clarified, along with notice periods.
  • Non-disclosure (NDA). This can be a stand-alone agreement or feature as a clause in the freelancer contract. It specifies what information the freelancer must not disclose to third parties to maintain confidentiality.
  • Revisions. How revisions to the work will be handled, such as how many revision rounds are allowed, will prevent issues such as scope creep.

What are Common Types of Freelance Contracts?

There are various freelance contracts that can be used, depending on your specific working relationship and requirements. Here’s a breakdown of the most common contracts.

  • Project-based contract. This is limited to a specific, once-off project. Once the project is completed, the contract ends.
  • Ongoing contract. This type of contract continues for a longer period of time. It might not have a clear end date.
  • Hourly contract. This contract’s duration might not be specified because the amount of work required may vary. This keeps it flexible and ensures that the freelancer is compensated per hour worked.

What are Common Mistakes to Avoid When Drafting a Freelance Contract?

When drafting a freelance contract, there are important things to be mindful of so you don’t put yourself at risk or create the potential for disputes. Here’s a rundown of some errors to avoid.

Vague Phrasing

Avoid writing anything unclear in the terms of the contract, as ambiguous wording will be open to interpretation, creating uncertainty and possibly leading to disputes. By being specific when it comes to the work that’s expected and how it will be paid, you ensure you and the other party have aligned expectations.

Scope Creep

Scope creep, which is when extra work is expected of the freelancer without more pay, is a common cause of disputes in freelance contracts. It can be prevented by clearly defining the project requirements and how many rounds of revision are included.

Lack of Intellectual Property (IP) Details

The contract must clarify IP ownership to prevent legal issues at a later stage. You should also specify when ownership is transferred from the freelancer to the client. Ideally, this should be after final payment has been made. If not specified, the freelancer could be at a disadvantage of not being compensated and not having any leverage to acquire the money.

Misclassification

A freelance contract must specify that the freelancer is not the client’s employee. While it might seem easy to assume this, not having it specified in the document can result in misunderstandings. It also puts the client at risk.

By specifying that the worker is providing services on a freelance basis, this ensures that the freelancer knows their obligations, such as regarding their taxes.

How Does a Lawyer Help with Freelance Contract Drafting?

While a freelance contract can seem straightforward and simple to draft, there could be things you miss without a legal background. Hiring a lawyer to draft it for you can help you in various ways, and this is especially important if you require a contract for a significant amount of money.

Here are some ways in which a qualified lawyer will assist you with the contract drafting process.

  • They’ll clearly define the scope of work so there’s no risk of misunderstandings or disputes.
  • They’ll provide payment protection by writing clauses that explain how late fees and deposits are handled.
  • They’ll make it clear who owns the product created during the agreement to prevent a breach of contract or trademark infringements.
  • They’ll ensure that the freelance agreement is compliant with applicable tax, consumer protection, and contract laws.
  • They’ll use legal yet simple wording that both parties can understand so they know their rights and duties.
  • They’ll give you credibility. When your freelance contract is drafted by a professional lawyer, it will make a good impression on people you’re working with.

Where to Find a Lawyer for Freelance Contract Drafting

Sometimes people avoid hiring lawyers because they’re unsure of where to find reputable ones. Cold-calling traditional law firms in their area can also feel stressful. Finding and hiring a lawyer to help you with your freelance contract can be a much easier process if you use an online legal network connecting you with experienced, skilled lawyers.

On ContractsCounsel, one of the largest online legal marketplaces, you’ll have access to a network of vetted lawyers who can help you draft a legally sound and professional freelance contract.

Here’s how to request that a lawyer on the platform drafts your contract:

1. Go to the ContractsCounsel marketplace, where you can post your project for free.

2. You’ll receive multiple bids from lawyers directly on the platform who can assist you.

3. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.

4. Connect with a lawyer you think is best suited to your requirements and hire them.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Brianna N. on ContractsCounsel
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5.0 (2)
Member Since:
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Brianna N.

Attorney
Free Consultation
New York
10 Yrs Experience
Licensed in NY
Touro Law School

Brianna is a well-respected New York licensed attorney with a Juris Doctorate degree in law from Touro College Jacob D. Fuchsberg Law School and bachelor’s degree in Business Administration and Management from Dowling College. Since becoming an attorney, she has practiced in various areas including business law, corporate law, residential real estate, commercial real estate, criminal law, traffic law, employment law, landlord tenant law, estate planning, and has represented intermediaries in procurement and the personal protective equipment industry. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. One of Brianna’s main areas of focus is drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. Additionally, she specializes in drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client.

Recent  ContractsCounsel Client  Review:
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"Brianna gave me a very reasonable quote compared to other bids, and she's super responsible and thorough with her job, an absolute delight to work with, highly recommended!"

Michael M. on ContractsCounsel
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4.9 (333)
Member Since:
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Michael M.

Principal
Free Consultation
Los Angeles, California
39 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.

Recent  ContractsCounsel Client  Review:
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"Michael's expertise and judgment impressed me. I brought him in for contract advisory work, and he quickly asked the questions I hadn't considered, identified the risks that mattered, and set aside the ones I had wrongly prioritized. He changed how I understood the contract. He is an excellent advisor - highly recommended."

Alton H. on ContractsCounsel
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I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.

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"Alton has been great to work with. My project was completed in a timely manner. He is a great communicator and stayed in budget."

Zachary J. on ContractsCounsel
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Zachary J.

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I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

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Benjamin W. on ContractsCounsel
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Benjamin W.

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I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law. I truly enjoy getting to know my clients, whether they are big businesses, small start-ups looking to launch, or individuals needing legal guidance. Some of my recent projects include: -drafting business purchase and sale agreements -drafting independent contractor agreements -creating influencer agreements -creating compliance policies and procedures for businesses in highly regulated industries -drafting service contracts -advising on CA legality of hiring gig workers including effects of Prop 22 and AB5 -forming LLCs -drafting terms of service and privacy policies -reviewing employment contracts I received my JD from UCLA School of Law and have been practicing for over five years in this area. I’m an avid reader and writer and believe those skills have served me well in my practice. I also complete continuing education courses regularly to ensure I am up-to-date on best practices for my clients. I pride myself on providing useful and accurate legal advice without complex and confusing jargon. I look forward to learning about your specific needs and helping you to accomplish your goals. Please reach out to learn more about my process and see if we are a good fit!

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"Benjamin was a great communicator. He understood that I was looking to negotiate, not litigate. Very happy with the work. Hiring him for a second project now."

Jorge R. on ContractsCounsel
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**Bio:** My name is Jorge Ramos, and I am an experienced family law attorney practicing since 2011. Over the years, I have honed my skills and knowledge in family law, having worked with prestigious law firms before establishing my own solo practice. My expertise spans a wide range of family law matters, including divorce, child custody, spousal support, and property division. I am dedicated to providing personalized and compassionate legal representation, ensuring that my clients receive the support and guidance they need during challenging times. My commitment to excellence and client-focused approach have earned me a reputation as a trusted advocate in the field of family law.

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Mark L. on ContractsCounsel
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Mark L.

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Free Consultation
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19 Yrs Experience
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Suffolk University Law School

I worked in the Intellectual Property Group at Fidelity Investments for almost 25 years, including managing the group from 2017-2021. I managed and developed the same high-performing group of three legal professionals from 2007-2021. Early in my career at Fidelity, I focused primarily on trademark matters, including trademark searching and clearance, as well as enforcement of trademark rights. In fact, I created Fidelity's trademark and brand protection programs and advanced them over more than two decades, eventually bringing the domestic trademark portfolio in-house and realizing savings of well over $2 million in outside counsel expenses for searching, prosecution and maintenance of US registrations from 2008-2021. Fidelity put me through law school, and I continued working full time while attending law school at night over four years. Upon graduation and passing the bar in 2006, I was promoted to an attorney position effective 1/1/2007. My practice broadened, and I began working on more transactional matters. I became a key transactional attorney for major technology groups and businesses within Fidelity, and negotiated numerous mission critical tech deals, transforming Fidelity's business. I provided transactional and IP support for Fidelity's software development and services affiliate in Ireland, and worked extensively with many of Fidelity's other foreign affiliates. Fidelity's General Counsel handpicked me to provide transactional and IP support to a new business initiative in 2017. That initiative became fintech startup Akoya, LLC, a paradigm-shifting business that enables secure, customer-controlled sharing of personal financial information between financial institutions and service providers. I developed template agreements between Akoya and data providers (financial institutions) and also between Akoya and data recipients (e.g. tax preparation services and financial advisors). Akoya had matured enough to be spun out by Fidelity in early 2020 to a consortium of financial services companies. In 2021, Fidelity offered a voluntary buyout to long-tenured associates, and following the pandemic, coupled with the financial and health benefits included in the package, it was an offer I could not refuse. Days later, my elderly father-in-law broke his hip, and my wife and I became his primary caregivers. It's been a blessing that I was able to contribute to his care and alleviate some of the burden on my wife. He is now in a long-term care facility, and I am eager to return to work as in-house counsel, whether on a contract basis, part time or full time. I did work briefly as a sole practitioner in 2021 and 2022, primarily helping friends, family and pro bono clients with NDAs, business formation issues, consulting agreements and license agreements. From August 2022 - July 2023, I was on the staff of Flex by Fenwick, an in-house counsel on demand business that is a subsidiary of the IP firm Fenwick & West, but did not get any engagements. My wife and I have volunteered for over a year with a dog rescue, Last Hope K9 Rescue, and have fostered several dogs, and adopted two of them!

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