The short answer
Five parts of an agency contract decide how it ends: the term and renewal, the cancellation notice, who owns the accounts and data, how fees are set, and who approves ads. A contract that is month to month, puts every account in your name and states fees in dollars is easy to leave. Read these five before you sign.
A marketing agency contract is the document that decides how hard it is to leave. This guide covers what to look for in the term, cancellation, ownership of accounts and data, fees, and approvals. It is marketing information, not legal advice; have your own counsel read any contract before you sign. For what to do after you sign, see our guide on leaving your agency.
Key facts
- Our own published terms are a worked example: Month to month, with no minimum term, for every service, SEO included (Probative Growth terms).
- They also say Either side can end a plan any month with 30 days’ written notice (same source).
- On ownership they say Every account is yours, in your name and on your payment method (same source).
How long should the term be?
Ask for month to month. A long term moves the risk of poor work from the agency to you. If an agency insists on a term, ask for an exit if agreed results are not met, and ask what a renewal does: an automatic renewal with a long notice window is how many firms get stuck. Put the renewal date in your calendar the day you sign.
How should cancellation work?
Look for a short written notice, no exit fee and no buyout. Check three things: how notice must be given, whether you owe fees after the notice date, and what the agency does in the notice period. Our terms are an example: Either side can end a plan any month with 30 days’ written notice, and we list no exit fees.
Who should own the accounts and the data?
You should. List every asset: ad accounts, Business Profile, analytics, call tracking, CRM, website and domain. Each should be in the firm’s name and on the firm’s payment method. Our terms put it this way: Every account is yours, in your name and on your payment method. Ask what you get on exit: exports of leads, call recordings and reports, and a date by which they arrive. The ownership guide has the checks for each platform.
How should fees be written?
Ask for a dollar amount for stated work, and ask these questions in writing:
| Question | Why it matters |
|---|---|
| Does the fee change with ad spend? | A fee tied to spend rewards the agency for spending more |
| Is there a setup fee, and is it one time? | Setup should be stated, not added later |
| Does the price rise each year? | Know the percentage and the start date |
| Who pays the ad platforms? | Paying them directly keeps your ad money in your hands |
| Is any fee tied to cases or leads? | Your state’s rules may limit it; ask your counsel |
A fee you can write on one line, with no hidden pass-throughs, is the easiest contract to compare. Our terms say You pay every platform directly, so ad money never passes through us.
Who approves what runs?
Every ad is lawyer advertising, so the contract should say a responsible attorney at your firm approves ads, pages and emails before they run, in writing, and that silence is not approval. If your state files ads, the contract should say who prepares the filing and who pays.
What else should the contract cover?
- Reporting: what you get, how often, and in what format.
- Service levels: what happens when the agency misses one.
- Your data: that it is used only for your work, never sold, and kept out of consumer AI tools.
- Subcontractors: who else handles your accounts or data.
- Promises: be wary of promised numbers of leads, cases or rankings. No one can honestly promise them.
What this means for your firm
- Ask for month to month and a short written notice, with no exit fee.
- List every account and confirm each is in your firm’s name before you sign.
- Get fees, increases and who pays the platforms in dollars, in writing.
Probative Growth works with firms of any size on these terms. See our terms in plain English or get a free review.
Last reviewed October 26, 2026 by the Probative editorial team. Marketing information, not legal advice. Have your own counsel review any contract.
Questions about this guide
How long should a law firm marketing contract last?
As short as you can get. Month to month lets you leave if the work disappoints. If an agency asks for a long term, ask what you get in return and what happens if you cancel early. SEO takes time, but that is a reason to measure it, not to lock in.
Who should own the ad accounts?
The firm. Every ad account, Business Profile, analytics property and website domain should be in the firm's name and on the firm's payment method, with the firm holding top-level access. Our ownership guide has the checks.
How should an agency fee be set?
As a stated dollar amount for stated work. Ask whether the fee changes with your ad budget, whether setup is charged, whether the price rises each year, and who pays the ad platforms. Be careful with fees tied to cases; your state's rules may limit them.
What should happen when the contract ends?
You keep every account, you receive exports of your data within a stated time, and the agency removes its access. Ask for the exit steps in writing before you sign, not after you give notice.
Sources
- Probative Growth: our terms in plain English (published)Accessed October 25, 2026