Had a slower-paced day yesterday, which was a welcome break. I was able to design a cover for my marketing e-book and get in two client calls. My first resulted in a retainer and a possible second retainer. I’m going to love working with these folks because they’re just so strongly team focused. The second call was with another client and we discussed the third (and fourth) project for the month. I’m planning to spend today getting it started.
I was talking with a newer freelancer whose client – a friend of a friend – is becoming a bit hard to handle. First he’d introduced edits from his friends. However, she was smart and had put a “no third parties” clause in the contract, so he now owes her for the entire project. He understood that, but then went on to incorporate the friends’ edits into the document (and had the nerve to tell her he was doing it). What seemed odd was his ignoring of the fact that the existing contract had already been breached. My friend reminded him, told him she’s still drawing up the new contract, and included the original contract language to punctuate her point. He relented. Then the fun began.
He went silent, then decided to create his own reality. He said they’d just agree that he won’t show the project to anyone else and then he criticized her work very generally, and now wanted more comprehensive edits, again ignoring the voided contract. She once again reminded him that the contract was void and he’d not yet agreed to the new contract. His response – he had to show it to others because he wasn’t getting the “proper” feedback from her. Then he told her he needed her to look over his messaging, which was not part of the original, now voided contract.
Time to open a can of whup-ass, I say.
So when a client gets pushy, writers need to assert their rights. In this case, the writer is owed money. She is no longer obligated to complete the project, and any work she does for him now needs to be under a new contract.
There are any number of ways to handle a situation like this, and depending on the client and the writer’s level of patience, not all methods will work.
Stop working until the first invoice is paid. The best solution for belligerent clients. If the client is piling more work on and ignoring the obvious, as this one was doing, you stop. You wait until the check clears before starting again, and you do so under a new contract.
Drop the client entirely. It’s what I would do at the first hint of someone not following contract terms. Actually, at second hint. Everyone messes up once, but the client who goes on to push for what is no longer required needs to go away. I know my friend intends to drop this client. She should. Anyone who refuses to abide by the contract and then argues the point, creates work-arounds, or flat-out ignores the terms deserves to be on his own. And he still owes you.
Ignore the criticism. Criticism that comes as things are unraveling is a sign of someone who isn’t planning to pay. It’s a guilt tactic meant to shame the writer into backing off the billing. It’s also a sign that the client has no respect for your services or skills. Send the invoice and be diligent about collection.
Stop scope creep. Notice how the writer’s client kept adding to the project? The minute a client adds something not expressly described in the contract, push back. Don’t think “It’s just one modification” because when you’re up to four modifications and you’re now handling six times the work for the same fee, you’ll have a harder time stopping it.
Don’t let them hold the check hostage. This client may think his additional project needs coupled with his criticisms will get him free work. He’s in essence dangling her check over her head and implying non-payment. If they breach the contract, they owe you. Period. If they want more work done, that’s a new contract. If they don’t pay, you don’t work. It’s that simple.
Give a peace offering. Mind you, I’m one who thinks anyone pulling any of the stunts listed above should be dropped and made to pay immediately. However, there are some clients who get genuinely confused and who are decent people you may want to work with again. For them, offer to handle one courtesy revision or edit. One. Not seven. Get it in writing, too. Note that I did this once. It worked okay, but then the client expected it every time. I fired them. Use with caution and only if you’re sure the client isn’t trying to avoid payment or get something for free.
How often have you seen this happen with any of your projects, past or present? How did you handle it? Did you ever face a client who had voided the contract and still insisted on more work? How did you resolve it?
Just reading about the other writer's client I knew that he'd continue soliciting 3rd party advice even under a new contract – he just won't admit he's doing it this time.
Yesterday I received and signed a 2012 contract for Favorite Editor's publication. I was astounded at how generous it is compared to other article agreements. Work is paid for upon completion, writer grants first print and electronic rights but retains the copyright (promising not to reprint the work for 30 or 60 days or something), etc…No grabbing for all rights, no work-for-hire projects, no couched excuses to delay payments. Refreshing.
Lori, I wonder if the other writer's client even knows how to edit? Or if he's so insecure he needs someone else to vet the work?
Strange… but I love your list.
oh, Paula, congrats!
Damn, I wish I was as busy as you are sometime – I mean, sometimes I wish that. But you deserve it because you're always willing to "open a can of whup-ass!" Great line.
Isn't it obvious, Paula? That dude isn't sorry, nor is he contrite enough to stop involving his friends.
Congrats on the great contract terms!
Doesn't sound like he does, Anne. Sounds more like he doesn't trust himself and is projecting that onto this writer.
Doesn't always happen that I'm busy, EP. But I take it as it comes, for sure!
Hey, all I had to do is sign the contract they wrote up. The magazine is known for being really good to its writers. They only have a few long-time regulars, so I guess they like to keep us happy.
We've had this happen more often with web design (my partner is a designer) clients than writing clients, but no matter how strongly I word my contracts, there are some people who just can't help themselves.
My question is–and I saw this recently, I think on the Sharp Skirts forum–how do you gracefully fire clients like this? I'm often at my wit's end when my first push back is ignored, but since many of my clients come in on referrals, I'm hesitant to be overly brusque. I can't seem to find the right balance.
Any tips for politely ending a relationship before it goes too sour?
Great question, Lindsey.
I've had to do it more than once, and each time I just remove emotion, whether that's anger, upset, remorse, etc. Start by framing everything from a business owner perspective.
One in particular stands out as it was the most recent – thank them for the business, and explain again that the contract terms have made the contract void and payable upon invoice, and that your belief is your current working relationship isn't meshing well. I've found honesty laced with a TON of professionalism is the best way (leaving out the "You act like such a jerk about everything and you ignore the very contract you signed" stuff).
I actually had to fire mine due to yet another argument about price (which they'd agreed to in the contract). I told them the scope of work had become more than the price reflected, and I wished them well. I offered to refer them to another writer, too.