by Barbara Florio Graham
Since one of my areas of expertise is reviewing book contracts for clients, I think I know how to avoid most pitfalls. But a couple of recent experiences presented unusual challenges.
One was a mentoring client who changed his mind part of the way through the process. He was an immigrant who wrote articles, heavily edited by a friend, about his home country.. He hired me to teach him how to improve his writing.
I realized something was wrong when he refused to send me raw writing samples, even when I suggested he just write a page or two about his life and family. Instead, he sent me current articles he was working on, and when I pointed out common errors and how he could avoid these, he seemed upset by my criticism.
I prepared specific writing tips for him, and suggested that he send me sample paragraphs showing that he understood these. Instead, he insisted that what he wanted was for me to edit his current writing so he could send these pieces out to publications.
I think this was a case of miscommunication on both sides. I should have ensured that he understood what I planed to do, spelled out in detail exactly how I’d help him improve his writing. My mentoring page clearly states that I do not offer editing, and I should have reinforced that point before we began to work together.
Larry Mirel, a lawyer in Washington, D.C., advises: “The best way to avoid difficulties with clients is be as clear as possible at the beginning of the relationship what the expectations are on both sides. Oral agreements are valid, but nothing beats a written memorandum that describes the services to be performed, the period of performance, and the terms of payment. It is also helpful to consider what happens if there is a disagreement down the line. Can the agreement be terminated? By whom, how, and with what consequences? It is not easy to talk to a potential client about these details—it’s like asking a future bride to sign a prenuptial agreement—but it can save a lot of anguish later.”
Unfortunately, many of us handle negotiations with clients via email. Even book contracts are delivered this way, with only the final document requiring written signatures.
That’s what happened with my other recent incident.
Darryl McMahon, a project manager who works for health agencies and governments in both Canada and the U.S., told me he never hesitates to fire a bad client.
“I’m a strong believer in having a written, agreed-upon statement of work going in,” Darryl says. “Failing that, it’s got be an hourly rate. If you’re going to waste my time, you are going to pay for that time.”
I actually followed his advice when dealing with a client last fall who wanted me to revise some promotional materials, but I should have insisted on a clear statement at the beginning, instead of allowing the client to press me for a price and delivery date before she had clarified exactly what she required and had shown me the materials she wanted me to work on.
This went sideways when she sent me 15 email attachments—some of them irrelevant—as “background” without clearly identifying which of these she wanted me to revise.
At the same time, the email containing these attachments included an exchange with the colleague who had sent these to her. In that exchange, my contact told her colleague that she had two writers bidding on this contract!
Although I had already provided my hourly rate, this new information forced me to give her a total price and delivery date before I had a chance to fully review the work.
It turned out that she wasn’t telling the truth, and I felt manipulated into providing a dollar figure lower than I might have charged, because I feared I might lose payment for the effort I’d already expended.
I won’t make this mistake again!
A few guidelines to help you avoid problems with difficult clients:
- For big projects, get everything in writing. You can prepare your own contract, save it in PDF format, and when you save it, go to the Security menu to deny editing. Follow Larry’s advice and spell out the services to be performed, the timeline and deadlines, terms of payment, and how disputes will be resolved. Include a termination clause.
- For small projects, print and save every email exchange. Your printer will authenticate the date, which means this is legally equivalent to written communication. Ensure at the very beginning that you are not bidding against others for this work, but are being hired to do this. Spell out your rates and don’t be pressured into agreeing to a deadline until you actually see what’s involved.
- It’s always wise to set an hourly rate and not allow yourself to feel forced to commit to a project price. Ask how many levels of approval there will be, so you’ll understand, in advance, whether you’re going to be stuck with endless revisions as your work is sent up and then back down the line.
- If you have a bad feeling from the beginning, heed these warning signs and get out before you’ve invested too much time in negotiations.
This article first appeared in “Freelance Writer’s Report,” available only to subscribers of the Writers Editors Network. It is reprinted with permission.
Barbara Florio Graham is an author and publishing consultant. The author of three books,
Five Fast Steps to Better Writing (20th-anniversary edition), Five Fast Steps to Low-Cost
Publicity, and the award-winning Mewsings/Musings, she served as managing editor for
Prose to Go: Tales from a Private List, which is now available as an e-book for just $4.99. Her
website, http://SimonTeakettle.com, contains a great deal of free information, including resources for writers and publishers.