When to Hold Your Tongue
I have this new project (an ongoing one) that isn’t going well. It’s not the work – no, I’ve done some already. It’s the level of organization in my client (the nonexistent level of organization, to be precise). I do not like to “kiss and tell” as they say, so that’s all you’re getting out of me on the current project, but I would like to talk about the telltale signs. You know, the signs that point to a job going nowhere but down.
Scattered or nonexistent communication
We all have scattered moments, so I’m not talking someone having the occasional brain freeze. I’m talking about the person who is in a constant state of confusion – setting up meetings and being the only no-show, promising feedback that never comes, not responding to emails for days or even weeks, and just a general sense of being so overwhelmed or absent that any effective communication isn’t happening. If your client can’t describe your job to you in a way that you as a professional should be able to understand, that’s a pretty bad sign of someone who hasn’t thought things through.
Ignored invoices
I have another client right now who was not the best communicator. During the five months we worked together, I had to pester her to get feedback of any kind. Again, emails went unanswered. I want to ask for a recommendation, but I have no idea if she liked or loathed what I did. I know people are busy, but one-sentence responses to a four-question email should not be the rule. I sent off an invoice after waiting for two weeks for word on whether she thinks the project is done. It may not be, but I am. And you guessed it, she’s yet to respond to that three weeks later. Oh well, I do hope she likes late fees.
In these cases, I want to get angry because I’m only as good as my half of the project. I can’t improve, edit or amend to suit the clients if I’m unaware of any issues. I ask point blank – “Are you happy with things?” – yet no responses are forthcoming. One can only assume silence means assent.
In the first case, I have every right to flip out on the client – in total, I’ve spent 1.25 hours on hold and two days writing very detailed copy that has yet to be commented on or compensated. I see this going nowhere fast. This fabulous gig as it was presented by her is fast turning into a nightmare with no conclusion. It’s like Jason showing up with the chainsaw, a spare can of gas and no cops in sight.
Yet flip out I won’t. I will screw on my professional face and smile and wish this person well no matter what. If I don’t get paid, that’s another story. That, my friends, is license to get a little nasty. But do it tastefully. First with late fees followed by litigation, if necessary.
Good post, and very timely as far as I’m concerned. I’m preparing to file in small claims court over an unpaid invoice. I gave the guy 10 days to pay and he wrote me a nasty e-mail and told me he never signed anything agreeing to late fees. I would think late fees would be pretty standard when your invoice is FORTY-FIVE days overdue, but maybe that’s just me.
Also said he never got an invoice from me, yet I have a saved voicemail from a company rep stating that he specifically said a check was being sent out the same day the message was left.
I can’t wait to go to court…I’d rather just get my money, but I’ll have to be satisfied with having my day in the legal system.
You GO, Leigh! Watch his tune change the moment he gets notice. If you can show you attempted more than once to get payment, you’ll get your judgment. Getting the money may be another matter, but the justification could be sweet!
Or, you could say, “Look – you pay this now and we can forget the late fees.” And give him just a few short days to do so. Then tack them on. Do this all in writing!
Try calling the Attorney General’s office in the state where he does business. It may happen with just one phone call from them.
I would also say to Leigh to remind him that copyright doesn’t transfer until the bill is paid. So, theoretically, if he’s used (or uses) your work, you can sue for copyright enfringement, too.
Good luck to both you guys.
Carol:
I’m not quite sure how that would work in this case. He subbed out sell sheet copywriting to me and it was a rush project. The day after I finished it, the sheets were printed and his client used them at a trade show the next day.
So I don’t think I can pull off the “I own the copyright” argument here because he had an agreement with his client to transfer the copyright to the client.
If you know of anything I could do in this case, I’d appreciate the tip! You can comment on my blog or e-mail me using the e-mail in my profile.
Hi all,
Okay, someone let the coach out of the closet. Please, please hear these comments in the spirit of contribution. In the spirit of inquiry. I work with people every day in exactly this spot.
I have lots of questions about responsibility, as in, are YOU taking personal responsibility? Said another way, if you were 100% responsible (not as in blame, as in leader) what would you do? What needs to be put in place so that the future doesn’t look like the past?
If you choose not to be 100% responsible, what might future client relationships look like?
Do you spell out in your agreement, both in writing and verbally, what you need to work effectively?
Are you willing to risk losing the job by reminding your clients about their agreements when they start to go south?
Do you give by-when dates and times in every communication?
Here’s the biggies:
What values do you honor when you are definite? When you reiterate the agreements? When you set deadlines? When you choose not to work further when deadlines are not met or when agreements are broken?
What would it be like to tell your disorganized client that you notice he’s disorganized, not getting people to the table, having trouble returning emails and calls? Can you be authentic?
What would it be like to honor your values and risk being fired?
If your thoughts create reality, what do you think your words do?
What if all of your answers begin with the word “I”?
I am honestly interested in your answers, and would be honored to read them.
Lisa
Ahem…didn’t I tag you like 4 days ago?
Lisa, thank you so much for your comments. I can answer your questions thusly (and thank you for asking them – they speak directly to independence v. dependence):
I would (and did) write an email to said client giving bullet points on what I expect from our arrangement. Very detailed, in fact. This client was told when I expect feedback, how I like to be contacted and when I will bill. In her case, she needs some organization help and I’m more than willing to do my part to keep her on track.
Today will be another bulleted email (sometimes busy people just respond better to bullet points) asking for clarifications on ongoing assignments and spelling out more of the relationship going forward. All with a small disclaimer – “Let’s discuss any questions or concerns.”
Gone are the days of relying on others. Luckily (??) I’ve been burned enough to get what you’re saying – take that bull by the horns and steer (pun intended) it in the right direction!
Lisa, you rock. :))
Lori,
So glad you responded. I had a little monster on my shoulder screaming, “who asked you???”
My favorite tactic is transparency. All elephants in the living room, NOW!
Great work, great post.
L
Lisa, I am glad for your input! In fact, wanna be the subject of a post? I’d love to interview you!
Leigh, I’m ignoring the fact that I’m to meme. :))
Lori,
Wow. I’d be honored. Asking questions is an occupational hazard for both of us I’d say…;)