Agency Bytes Ep 143 – Sharon Toerek, Legal and Creative – The Legal Blind Spots Costing Agencies Millions
In episode 143, I dig into one of the most underestimated risks in agency ownership: the legal blind spots that quietly cost agencies millions over time.
From contracts and scope creep to client disputes, IP ownership, and liability exposure, we unpack where agencies unknowingly put themselves at risk — and why most don’t realize it until it’s too late.
This conversation is a must-listen for agency owners who want to protect what they’ve built, reduce unnecessary exposure, and stop treating legal as an afterthought instead of a growth safeguard.
Key Bytes
• Most agencies don’t realize their biggest legal risks until a problem hits
• Poor contracts quietly drain profit long before lawsuits happen
• Scope creep is as much a legal issue as it is a pricing issue
• IP ownership mistakes can create long-term client and valuation problems
• Proactive legal structure is a growth advantage, not a cost center
Chapters
00:00 Why legal blind spots are so common in agencies
04:15 The contracts agencies rely on (and why they fall short)
10:20 Scope creep as a legal and financial issue
18:05 IP ownership mistakes that come back years later
26:40 Client disputes: where agencies expose themselves
34:10 Risk vs. fear: what actually matters legally
42:00 Simple fixes agency owners can make now
50:10 How legal hygiene protects valuation and exit
56:30 Final thoughts & wrap-up
Sharon Toerek is Founder of Toerek Law (doing business in the agency world as Legal + Creative), where she focuses her national law practice on helping advertising, marketing, communications, and creative agencies protect their assets and turn their ideas into revenue.
Sharon provides proactive, strategic counsel to communications, marketing, advertising, digital, and creative agencies on legal and business issues they face continually in their work, including:
• agency-client relationships, including agency service contracts
• agency-freelancer and agency strategic alliance relationship management
• trademark and copyright protection, enforcement, and licensing
• influencer marketing negotiations and content marketing legal compliance• advertising regulatory compliance
• AI policy and risk management for agencies
Sharon is an approved participant on the 4A's Legal Consultants Panel and a member of the 4A’s Expert Network. She has also served as President of the American Ad Federation (AAF) Cleveland and has been elected to AAF Cleveland’s Hall of Fame.
In addition to her Firm’s work representing U.S. independent agencies, Sharon
• Created the Legal + Creative Agency Protection System, a comprehensive legal education and legal toolkit for marketing, ad and creative services agencies
• Created and hosted over 300 episodes of the agency-focused podcast The Innovative Agency, a podcast about innovation and trends in the marketing agency world
• Presents sessions on agency-critical legal topics to independent agency networks, to private agency audiences, and at industry conferences, including INBOUND, Content Marketing World, MAICON, the Build a Better Agency Summit, Own It Summit, Mirren New York, and PRSA Counselors Academy.