Recession highlights need for new agency client contracts

LONDON - The recession has highlighted the need for new contracts between advertising agencies and clients as the industry trade bodies get together to redraft the standard contract between agencies and clients.

Recession highlights need for new agency client contracts

Brinsley Dresden, partner and head of advertising law at law firm Lewis Silkin, which drew up the contracts, said the recession more than anything had highlighted the need for properly drafted contracts.

The changes to the contract are the first revisions made to the jointly agreed contracts since they were launched in 1998 by the IPA, client body ISBA and the Chartered Institute of Purchasing Supply. The new contract takes into account new legislation on data protection and financial services.

In the four years since their launch, the number of client-agency agreements covered by a full contract has leapt from 55% to 71%, according to research.

"Switching accounts can cause a variety of headaches for both sides, which are exacerbated by uncertainty about their respective rights and obligations. With this client-agency contract, everyone knows where they stand," said Dresden.

There are three new versions of the contract, for creative, media and full-service agencies. According to IPA legal director Marina Palomba, "the new separated media and creative versions will be of enormous assistance to agencies and clients alike in reaching all-encompassing agreements which protect the rights of all parties".

The new contracts launch on September 2, and Lewis Silkin will be running a one-day workshop to explain the changes.

Debbie Morrison, director of membership services for ISBA, said: "A clear written contract should be the foundation of client-agency relationships in all areas of the marketing and advertising industry."

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