Publicists, clients need prenuptial agreements

I wish every publicist or PR person would sign a prenuptial agreement with their client before signing the actual contract.

The prenup would make it clear that the publicist has ultimate control over things like the exact wording of pitches to the media, or the length and wording of press releases.

Based on my work the last several years with publicists, including a few in The Publicity Hound Mentor Program, too many of them let their clients boss them around. They’re afraid to say anything when the client is wrong. Yet they’re willing to put their sterling reputation on the line and risk making fools of themselves in front of their media contacts.

Why does this happen? Because too many PR people, I believe, are so thankful to get the work that they feel beholden to their clients, and they jump every time clients snap their fingers.

I’ve seen PR people:

–Write a short, compelling pitch that, later, the client waters down and orders them not to change. The pitch, instead of catching the media’s attention, simply massages the client’s ego.

–Write a long, rambling press release that includes the obligatry B.S. quote from a client high in the release. The quote adds nothing, and makes the client sound pompous and self-promotional. 

–Turn down invitations for their client to appear in top-tier media, after the publicist has worked tirelessly to secure the placement. Clients sometimes tell the publicist at the beginning of a publicity campaign that they want national publicity. Then for whatever reason, they suddenly get cold feet when a paper like USA Today or a program like “Dateline” calls. Many clients are oblivious to the “snowball” effect of a top-tire media placement.

–Make pests out of themselves following up with the media after sending a routine press release. When I worked as an editor, I sometimes got calls from PR people who said “I hate to bother you, but my boss is insisting I make this phone call. Can you tell me if you got our release and do you know when it will be printed?” If you make calls like that, you probably have no idea how ridiculous you sound and that the media person to whom you are speaking is making a mental note that you’re a real pain in the butt.

Many of you can probably add to this list. If you have an effective way of telling clients before you sign a contract with them that you won’t put your good reputation on the line  and that it’s your job as a publicist to protect them from doing stupid things that will hurt them, please share your tips with other Hounds. 

Do you actually write language like this into the contract? Or is your agreement verbal?

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  • Miriam Silverberg

    I don’t actually have a pre-nup but I do tell them what’s not going to happen so they don’t have
    unreasonable expectations (not that it helps). I tell them at the beginning that “this won’t
    happen. You’ll hire me on a Monday, on Tuesday you’ll be on the top prime time program on
    television, on Wednesday you’ll be on the front page of the New York Times and on Thursday 600
    people will come surging through that door all clamoring for your attention. That won’t happen.”
    They all laugh and say, of course not. Then after a week they ask, aren’t I going to get any
    publicity at all?

  • rickey gold

    The last time I had a client ask me to include the
    “…are proud to announce their state-of-the-art new
    yada yada…”, I said fine, but only if they signed a disclaimer agreeing not to hold me responsible when they didn’t get any media coverage.

  • Anonymous

    I’ve been a PR professional for about 20 years. I’ve worked at a large agency and at a medium sized agency. But for the past 10 years, I’ve been a freelancer.
    In all cases, the clients expect something that is not exactly what PR can offer.
    I’ve been around good and bad PR people so I know that the better ones have client loyalty when they deliver the best advice in addition to doing the job as expected. Sometimes, not all the time, keeping press away from a client is a good thing. However, in most cases, it’s the amount and quality of press that impresses a client. How to keep everyone honest?

    I always let my clients know about the potential pitfalls in even the best thought out PR campaign. I do this verbally, not so much in writing because we don’t begin together until the reality of it all has been offered. However, when I worked for a huge agency, I know that wording in contracts will reflect the notion that public relation campaigns “can not be guaranteed for all expected results.” No one should promise all results in PR because too many variables can make even the best intended ideas flop. I consider myself a very rare PR person in that I like to inform my clients as well as perform a good job for them. I teach my clients about what is and what is not PR. If they don’t have something that is press worthy before we start, I let them know what to do to make themselves ready for PR. I would not take someone’s money if I didn’t think they had realistic goals about what they wanted to achieve. Many clients do not understand what PR is to begin with and they think it’s an advertising campaign. I like to include advertising suggestions if they want to add another layer to their their PR profile. I also help them set their goals to make my job work more smoothly. I have had much more success turning my clients into their own advisors when I’m done with them. We have cordial relationships to this day and I sleep well at night, thank you very much.

  • Kathi Petersen

    Thank you for writing about this issue. Time and time again, I gently remind my clients that “Advertising is what you pay for, PR is what you pray for.” They get a big chuckle out of this and act as if they understand it completely, but as Miriam commented, within a short time they’re asking “when” their story going to run.

    After 20+ years working in media and PR, including 7 years with my solo practice, I am pleased to say that I’ve had a lot of success in achieving great coverage for my clients. But with that success comes an expectation that I can wave my magic wand and the media will be knocking down my door to publish or broadcast stories about my clients. These clients don’t understand that EVERY SINGLE PROJECT requires strategy, persistence, hand-holding, media savvy, excellent timing, great relationships, and no small measure of good luck. As I try to explain, “Even the best story ever can be pre-empted by war (yes, it’s happened to me), hurricanes(ditto), and the bad mood of an editor (double ditto). Somehow, though, that’s not what they want to hear!

    I don’t suppose it has ever occurred to me to create a prenup, but it’s a good idea. I have at least warned some clients in the proposal stage that they are “taking a risk” by hiring me and investing in PR….but it’s one that, as we all know, can pay off handsomely.

  • Tim

    Great topic, Joan!

    I’m not a PR person, but I am a leadership expert. My clients—executives, medical doctors, lawyers and other leaders—have taught me that anyone (including PR professionals) providing services over an extended period of time must deal with what psychologists call “unrealistic expectations”.

    When a client has unrealistic expectations, they are either PUSHING or PULLING. As a PR example, a client rewriting your carefully worded press release is PUSHING into your professional boundaries. A client demanding PR results after only one week is PULLING you to take responsibility for their impatience.

    We are biologically hardwired to resist being pushed or pulled. Untrained professionals simply push or pull back, which amounts to throwing gasoline on a burning building.

    Wise PR professionals use principles from the non-violent martial art of Aikido. Aikido teaches you to BLEND instead of resisting; to CENTER rather than remain off-balance; and the importance of remaining OPEN in the face of high stress.

    Here are three Aikido-based strategies for PR Pros:

    1. BLEND. Blending means overcoming client concerns harmoniously. PR clients don’t know the ropes. You do. Educate clients on what you do (and don’t do), listening actively for your client’s fears and concerns. Uncovering and alleviating client concerns goes a long way toward decreasing their unrealistic expectations.

    2. CENTER. Centering means staying within your power. As a PR professional, center by avoiding unrealistic expectations of your own. Expecting clients to fully understand PR the first time you explain it is an unrealistic expectation on your part. Educating clients through repetition over time should be part of every PR professional’s repertoire.

    3. OPEN. No matter what you do, some clients continue to expect the world on a platter. Remain open by owning your power. When a client continues to PUSH or PULL long after other clients would have stopped, non-judgmentally provide specific examples demonstrating how they are wasting your time (and their money). Try to negotiate a different working relationship. If negotiations fail, don’t be afraid to fire your client. Some client’s fees are simply not worth the headaches these clients bring.

    These are just a few of the ways I’ve taught my clients to deal with unrealistic expectations. For more strategies for creating success when people PUSH or PULL you, see my new book “Leading People the Black Belt Way: Conquering the Five Core Problems Facing Leaders Today”.

  • Will Kester

    I have two novels, for which I am trying to find a publicist, and find reading these comments from publicists interesting. Investing in a publicist, is probably a good idea, but they usually want their payment guaranteed, while mine is not. Will Kester, author of “Shifting Sands; A Clash of Cultures,” and “Castle in the Wind.”

  • Joan

    Will, there are more than 10 situations in which hiring a publicist is an excellent idea. I detail them all in my ebook “How to Hire the Perfect Publicit” at http://publicityhound.com/hireapublicist.html

    The ebook also explains the four methods of billing that publicists use. With the pay-per-placement method, you don’t pay the publicist unless you get the publicity. But there are several problems with way of billing, and the ebook explains them.