The Problem With Editors is They Know All Your Secrets
January 30th, 2008 . by PeggyWriters cannot, repeat cannot do business without a standard Non-Disclosure slash Non-Circumvention Agreement in place between themselves and anyone else involved in the project. I promised a post about this issue some time ago, and when the topic came up in casual conversation today, I was reminded to write about it here.
An NDA, as it’s commonly referred to, is basically a little paper that you sign with a potential client / boss / partner / collaborator before you tell them a single thing about your fab million-dollar idea. The paper basically says that I won’t tell your secrets and you won’t tell mine. A good NDA should bind both parties to exactly the same obligations, the same way. I’m so dead-set on this that I’m happy for anyone who reads this to download a copy of my current NDA here for free.
Now here’s the part where I explain that I’m not a lawyer, and that you shouldn’t take legal advice from me, like, ever. I’m just a person who’s been burned about a dozen times, and has seen others hit the same way. Live and learn – from my experience. When reading this PDF you’ll notice that it’s stamped in blood-red with the word “EXAMPLE” all over the place, which is there to remind you about this paragraph that states clearly that a blog entry is NOT, I repeat, NOT a replacement for quality legal advice. The reason I’m offering this document is so that you can read it through and get a good idea of what I’m talking about.
Pay special attention to the words “To use such information, trade secrets and strategies only for the purpose of evaluating proposals and projects or developing projects pursuant to a written agreement authorizing the application;” which means that you will have to write some sort of contract with your client. This document is not a contract for work – but it should always accompany one. This is what you sign before you discuss their/your, idea or even get remotely close to a contract. I update it from time to time, if I think of anything that needs to be added. But as you read it here, this has been in use for about a year without any edits, so I think it’s pretty complete.
I sign this exact document with virtually everyone my biz comes in contact with, including my authors (of course), my print rep, my marketing guru, my publicist, my channel sales rep, the bookkeeper that only comes on Fridays, the cameraman on the video projects, my regular UPS guy, and the cleaning lady who vacs the office. I’m not kidding. It costs nothing, takes 5 minutes, and shows professionalism. I simply can’t talk to you (or even in front of you – despite how lovely my cleaning lady is) unless we have both signed this document.
This is one of those learn-the-hard-way moments that I really hope you’ll take my advice on.






