Advertising creatives and contract negotiation, part II: lawyers & headhunters.

January 10, 2011


“You want a sign-on bonus and 6 months severance?
How ’bout I get drunk instead?”

A lot of you seemed to appreciate my last post about creative people and ignorance when it comes to employment contracts. I’m grateful my advice was helpful. I sympathize if it came too late. I’m also appreciative for the smart discussion that followed in the comments section. Veteran creative bigwig, Tom Messner and executive recruiter, Anne Ross covered territory I had neglected…

For instance, there is help for us. But we often avoid it. Leery creatives tend to view lawyers and headhunters with trepidation, thinking them an unnecessary expense or worse, sharks. That is not a prudent valuation of their worth. A good go-between allows you, the prospective employee, to remain clear of potentially difficult conversations that need to take place in order for you to get the best possible deal. For mid-level or senior creatives such advocacy can be a huge advantage. Actually, it helps both parties. You get an aggressive negotiator. They get a learned one. It’s fallacy to perceive them as costly distraction. They are often the opposite. Sure, in a perfect world the company comes at you with all the goodies but this is an imperfect world, especially in Adland, especially now.

A second matter I washed over is severance. In our ignorance (or is it arrogance?), creatives like to think they are incapable of failure. “Just give me the damn brief!” But bad things happen to good people. More likely the agency simply changes from the one that hired you. Your boss quits or gets axed; where does that leave you? If it happens higher up it might be a “change of control.” In either event protective measures may exist for you…

Reality check: I know many jobs posted on Linkedin and Monster are “as is.” But if you’re talking to a company about a leadership position in their creative department, it probably wasn’t from a job posting.

This brings me to my final point: we must be deserving of attention in order to receive it. You need to be good and able to prove it. If there isn’t evidence on the table, or enough of it, then you’ll need to demonstrate your potential upside to the company. How one does this is topic for another post. Suffice to say, none of the information above is relevant for amateurs, journeymen or sons-of-bitches. Well, maybe the last group gets lucky once in a while.

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