Insights

Legal Things to Think About When Hiring a Freelancer

October 21, 2022

Hiring a freelancer can be a cost-effective way of accessing a particular type of expertise on a flexible basis. You won’t need to worry about having another employee on your books, and freelancers often work alone and from home, so don’t charge the same level of fees as agencies. 

Freelancers can provide support with services such as marketing and PR (including social media management), accountancy, admin, writing (website content or similar), graphic design, photography, website design…the list goes on!

Employment insights

Finding a freelancer

So, how do you go about finding a reputable freelancer to ensure you get the results you need? Take a look on sites such as LinkedIn so that you can clearly see a freelancer's background and perhaps even feedback and reviews. A reputable freelancer will be happy to provide you with examples of their work and may even be able to provide references.  

Once you’re satisfied that they’re the person for the job, be sure to get something in writing to set out what they will do for you. More established freelancers may have standard terms for you to review and sign. If you’re planning to use freelancers frequently in your business, it may be worth investing in having a good set of terms drawn up by a solicitor that you can use time and time again, with a little tweaking.  

At the outset, reflect on what you want the freelancer to achieve and ensure that this is clearly set out in an agreed project brief. If the project is time sensitive, ensure you agree on deadlines. 

A key issue to think about in any business arrangement is price. Freelancers may charge an hourly fee or work on a fixed price basis – ensure that you’re clear on rates and how the freelancer charges. If you’re working on a fixed price basis, clarify whether revisions are included in the fee and whether there is a limit on the number of revisions that can be made. 

Another important issue is intellectual property. You might assume that any intellectual property created by the freelancer on your behalf automatically belongs to you, but this isn’t always the case, so it’s important to ensure that the written terms you put in place with the freelancer clearly state that any IP created will belong to you. For more information regarding IP and how to protect it, check out our blog here.

Finally, depending on the nature of the work being done, if there’s any aspect of risk involved for you – for example, if you will be relying on their advice - ensure that the terms state that they will be liable for any claims or losses that you suffer and a result of any issues caused by their work, and check that they have appropriate insurance in place to cover any potential claim made by you. 

Do you require support with reviewing or creating terms of business for freelancers? Discover how our commercial lawyers can help. 

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