Prove It: Handling Tests and Spec Requests from Clients

Credit: ilco on StockXchng
I was called recently about a freelance job for a local corporate entity and met to speak with the marketing director. After a few days, I received an e-mail informing me I was one of six “finalists” for the assignment. The message contained a list of several advertising campaigns, a rebranding of the logo, signage and billboards. It said all finalists were to do these for a presentation in two weeks. My first thought was…not fit to be printed here.
I contacted the marketing director and asked if he was serious about asking for such an amount of work, in such a short amount of time, on speculation. I pointed out that no bid had been discussed and without knowing the fee structure, even working on speculation was too risky. He replied that I could do as much as I wanted, but the person who did the most would probably win the assignments.
I asked if he was willing to sign a non-disclosure agreement that indicated I was to retain the intellectual property. He replied that the legal department was “out of town” and wouldn’t “be back in time.”
I knew what they were trying to do, so I wrote up a marketing plan that showed why the outline they had handed out was flawed and how I would approach it. I did not design one thing they asked.
Watch Out for Idea Phishing
Showing up at the appointed time, I sat in the reception area with another designer and asked if she had done all the assignments.
“Yes!” she replied. “I really need the work!”
After she came out of the conference room, running by me with tears in her eyes, I was escorted in where several people sat, opened my portfolio and went over past campaigns that matched the corporation’s needs, then pointed out why their original plan was flawed. Several people nodded their heads in agreement as I spoke.
“Well,” asked a man I had never met, “where’s the designs?”
“I don’t work on speculation and I could not get a non-disclosure agreement,” I said in a professional manner. “My past work speaks for itself and I have plenty of recommendations if you doubt my professional abilities.”
The man was visibly angry. “Did you take your current position with the understanding you wouldn’t be paid for two weeks and you had to come up with a year of marketing initiatives?” I asked, knowing I was dead in his eyes.
He jumped up and stormed out of the room. The others in the room nodded sheepishly at me and slunk out.
I knew the former creative director, who had warned me that the man who had stormed out was idea phishing. I knew that before she ever told me, but wanted to play it out and show them I wasn’t going to fall for it. I felt better, but what about those other “finalists” who spent two sleepless weeks slaving to get the job with no mention of a fee? You can bet the best ideas were given to the lowest bidder to execute.
In Freelance, Everyone Is Gambling
One can argue that hiring a freelancer is a gamble. A new client is also a gamble for a freelancer. I have hired well-known freelancers who turned out to be unprofessional. A waste of time and money is aggravating. If you are working on a tight budget and timeline, a setback of a bad freelancer can be very costly. The same can be said for not being paid for a finished assignment by an unscrupulous client. But, are these tests that are popping up more and more frequently real tests for real jobs?
If you look for work on oDesk or eLance, you are more likely to find assignments that have “tests.” For a series of designs, the client might ask one design. If you are a writer, it may be writing an assigned piece of copy. Once the client has it, there is little you can do, as reporting suspected spam and phishing is limited on several sites. A good way to judge the sincerity of the request is to look at the record of jobs listed vs. the amount of jobs actually assigned.
How Do You Spot The Serious Clients?
A serious client respects your time and efforts and will consider your experience. You will rarely be asked to work for free for the always-insulting promise of “more work later.” If they truly want a test, it will have some rate of pay in exchange for the rights to the ideas rendered.
If you doubt a client, doing some research can shed a lot of information. Look them up on LinkedIn. What is their history? Are there former employees you can send a message and ask about the client’s history with freelancers? Are you a member of an organization where others might know about this client? Post to the group’s discussion board and ask.
Unfortunately, with the state of business and an abundance of freelancers around, clients can ask for tests and plenty will heed the call. They might not be the most professional of the lot, but that’s why many clients ask for tests…they can’t afford the reliable professionals. In the long run, you get what you pay for.
Photo credit: Some rights reserved by ilco



Speider, this article couldn’t have come at a better time for me since I am preparing to embark on a freelance career. Sadly, I must admit I would have completely fallen for this slick way of doing spec work.
I am definitely bookmarking this article for future reference and questioning work that comes my way BEFORE I start on it.
Thanks for the article.
It is simply unethical to ask someone for comps without a negotiated but fair compensation. I hope that more designers and developers, who are eager to land a choice client or full-time positions, learn from those with more experience and don’t make fall for the dishonest tricks you described.
Speider,
Great article and very timely as well. It is very gratifying to see this message getting out in the face of so much crowdsourcing, design contests and spec work requests. I discuss this regularly in the “Creative Freelance Conference” group on LinkedIn.
Thanks again
Gerry
This has to be one of the best articles I’ve read about the downside of spec work – thanks for sharing your experience with us! It’s a real shame that a) a lot of businesses simply don’t see the value of our trade and b) many of us are willing to put hours of our time into projects without any type of agreement whatsoever. For some reason, many of us would rather hope for the best than plan for the worst. Newer freelancers need to learn to weigh the pros and cons of spec work; how much time you’re willing to waste.
I’m having that issue with a client right now. She wanted me to start working on some proposals for her without any contract signed or anything. I sent her a contract yesterday with my fee and terms, and now she has a bunch of questions and seems really hesitant to move forward. I learned a long time ago not to work on spec, or even show them everything up front for these types of scenarios.
Good for you!
Really good post on this topic and I agree no one should be doing spec work. I’ve experience clients that want a ‘sample’ or ‘rough concept’ for free and they will tell you other designer or agencies are doing the same thing.
Awesome example of clients who think they are doing nothing wrong and get defensive or pissed off when confronted. I just had a once-before client ask me to come up with some logo designs that we could discuss then move forward if something worked, no payment agreed to upfront. I explained that I don’t work on spec and he reacted the same way— accused me of calling him a bad person who wouldn’t pay for work done and threw a little hissy-fit (but at least it was via email I didn’t have to deal with it in person). Here, the problem was in his misunderstanding just HOW MUCH WORK was involved with conceptualizing and coming up with initial ideas.
>> “and they will tell you other designer or agencies are doing the same thing.”
Eeew this is the next level up in sliminess. I will admit, I typically have to learn the hard way – but only once! You fall into working for a bad client once and the sting stays with you. Never to repeat.
Very nice article. I had to learn it the hard way and now I try to be more careful.
Thanks for all the outraged comments! On the happier side, this practice doesn’t go on for very long. Word of mouth gets around about these firms. The company about which I wrote, tried the same thing again, this time posting to a message board on a local design group. I commented about the practice and what had happened. The marketing guy, with whom I had originally met, was so upset, he demanded the moderator of the board delete my comments (he deleted the entire post). While I’m sure several people got caught in the same trap, the advertisements I now see around town speak volumes about how they didn’t get top talent to fall for it. I was warned I was “burning a bridge.” A bridge to what — more spec work? I’d rather warm myself from the flames
There will always be those who either are desperate for work or just entering the field that will do spec work such as this. If the calls I get about how I’m needed to “clean up” a bad job done by another designer (usually followed by, “we don’t have much of a budget left”) is a barometer of how well this works, then it will go away…or the companies who continue to use it will have less effective design and go out of business (yes, gasp!…design IS important to the message).
I never thought about “idea phishing” before. Are people really capable of such snake-like tactics? I like to give humanity the benefit of the doubt most of the time but things like this brings us down another notch or two.
Good for you for protecting yourself, your work and your industry.
Mr. Blonde! Good to see you again. Are you stalking me across theEnvato/Smashing network?
I loved this part of the article:
…I was escorted in where several people sat, opened my portfolio and went over past campaigns that matched the corporation’s needs, then pointed out why their original plan was flawed. Several people nodded their heads in agreement as I spoke.
“Well,” asked a man I had never met, “where’s the designs?”
“I don’t work on speculation and I could not get a non-disclosure agreement,” I said in a professional manner. “My past work speaks for itself and I have plenty of recommendations if you doubt my professional abilities.”
The man was visibly angry. “Did you take your current position with the understanding you wouldn’t be paid for two weeks and you had to come up with a year of marketing initiatives?” I asked, knowing I was dead in his eyes.
[ end of article excerpt ]
The good news is that the writer of this article was spared the headache of having to work with this angry man on an ongoing basis.
Oh man! Very timely and I hope all the young design school graduates will take heed!
I have been freelancing for 20 plus years…without having to hunt for work until now. (several long term clients have had personnel turnover that left me projectless) The change in the way clients and designer interact is depressing.
Spec work has always been out there. And there have always been clients that will take your work and stiff you (My first graphic design staff job was with a small studio that went out of business after a few years of not getting paid by a certain percentage of clients.) But I have NEVER seen it quite this bad.
I have been very choosey about the jobs I apply for….but so far I have gotten a very poor percentage of responses. Another disadvantage is I find a lot of the job posts are blind. I’m not happy with sending info to people when I have no clue as to who (or where) they are…
I could go on and on….but I will alienate you the same way I have alienated my husband and friends with all my whining. argh…
Hey Speider,
Thanks for the great article. I actually did the spec work and got that job! It was $15,000.00. Thanks also for bailing on it. Psych.
GRRRR! You undercharged!
what a great article – i truly hate the companies that do this to freelancers/agencies, this is one notch lower than “design contests” …at least you know you will get the credit for your work
Just say no to spec.
Bravo, Mr. Schneider.
I shouldn’t be, but I find myself constantly amazed at the number of designers or “designers” that are more than happy to do speculative work — in any of its forms. Usually, the designers doing this are fresh out of college and willing to do anything to get a real-world project in their book. They don’t realize they’re bastardizing the industry they aspire to be a part of.
Very good article Speider. Though IANAL, there are several sample Non-Disclosure Agreements that can be used here:
http://inventors.about.com/od/nondisclosure/Non_Disclosure_Agreements.htm
IF the client will sign one! As I wrote, the contact person used the excuse that the entire legal department was “out of town.” Talk about red flags!
Thanks for the link! Unfortunately, most companies can (and will) say they were already working on that idea.
It’s a funny thing about art school graduates thinking they need a portfolio of printed pieces or live commercial web sites to show clients. Having been on the other side of the desk for many years, looking at portfolios, I will say I need to see how you think about a design and not how you allowed “design-by-committees” to twist the final piece. It is no longer your design.
But that, dear readers, is another article!
Thanks for the warning Speider! It’s just friggin annoying that you work so hard and a lot of people named “fishy clients” out there just want free lunch.
Great illustration of a common problem – and not just for designers.
It is quite common for companies to request ‘proposals’ for custom software development projects (the ubiquitous RFP) which amount to performing a systems analysis and creating a design specification for free.
As a much younger consultant, I fell into this trap once, and spent a full week analyzing the client’s existing systems and processes and designing a replacement system that met all of the stated goals.
At the presentation meeting, the client was excited about my solution, but balked at the bill for my time.
“We never agreed to pay you to do this,” they said.
“That’s fine,” I replied, snatching the specs document back, “I never agreed to to do it for free either.”
Live and learn.
Very true. While providing a meaningful estimate often does require doing a fair amount of up-front analysis, I’d be very careful about giving away the details of that analysis until a contract is signed.
What I’d give them is, at best, a slightly more fleshed-out functional description of what the application does (but no technical details of how it works, other than the vaguest mention of overall technologies), and an estimate of hours (or hours converted into dollars). Keep the detailed specs to yourself!
These kinds of scenarios wreak of inexperience on both sides of creative business transactions.
A real professional has standards that they stand by.
Even the guy that mows lawns for a living is smart enough to tell you to take a hike if you tell him to “mow the yard first, and then we will decide how much this is worth..”
Your professional standards garner the type of work and clients you will have.
Great article. Very clear and dead on.
Since I am giving instruction at a design college, I go to great lengths in relating this dilemma to my students. I tell them all about spec work and the pitfalls that come with it.
One of my regular schpeels ‘ includes telling the class that even first quarter students are worth ‘something.” I suggest that if a client needs them so desperately, they can cough up some pizza, cab fare, a ride to school, babysitting, etc. If they can’t even give you BLIMPIE’S coupons, then walk away.
GURU, Odesk, etc. are notorious for attracting this junk.
I get spec type requests maybe once or twice a month. When this happens, I always point to my strong portfolio and excellent references/testimonials on my site. Usually the client will let me know that they’ve viewed my portfolio and liked my work, hence the request. In most cases they’ll request a quote, accept it and send over the deposit. Its important not to be rude or tell them off. Many simply don’t understand how the process works and need to be educated.
I attribute a lot of the fault lies with freelancers that give in to spec work, thereby “teaching” the client that this behavior is ok and the norm.
Being rather visible via social media, I get odd requests, too. The usual, “we don’t have a budget but will remember you…make you our go to guy…there will be plenty of money later” kind of pitches. It all comes down to wanting something of value for free.
It’s fun to see how really angry people get when you turn them down. Several have had the nerve to ask me for referrals to other designers who “want a great opportunity to make lot’s of money!”
I tell them to try fantasy land, then laugh maniacally until they hang up.
You’ve probably seen this but if not, it’s a hilarious true story…
http://www.27bslash6.com/p2p.html
Spec work is like going to the supermarket, filling up the trolley with food and then saying to the check out operator “When I get home and if the food tastes nice I’ll pay you”
Then there’s this gem: http://www.vendorclientvideo.com
When in doubt… it’s a great and simple reminder. Show it to those clients as well.
I love that video but it you showed it to a client who was set on not paying, they would side with the consumers in the video…
“We all know restaurants overcharge. Questioning the bill is just being a savvy consumer!”
“It only cost about a dollar to produce a CD. It should really only cost $1.50!”
“A hairdresser just needs a pair of scissors! How much could they cost?”
Basically, anyone who wants someone to work for free or at a ridiculously reduced rate will never respect you or your services in the future.
I think you’re right. Best to just say, “I don’t work on spec.” and move on. If you feel they sincerely want to understand and work with you then maybe a explanation might help, but otherwise move on.
…and steal all the toilet paper from their restroom as you leave their office!
Now you’re talking!
is really that simple: DO NOT WORK FOR FREE!
I just sent this to a co worker, who has been doing this for years. Hell, first time I got burned on this was when I used to do original art as a kid. I’d show up with the finished work and would here all about being paid “later”…but wanted the art now.
Nice article and some great points.
I once did a mock up web design for a potential client purely on speculation. Turned out he went ahead and copied my design and launched his website. good thing I monitored him and sent him a legal cease and desist order immediately.
Though this happens rarely, there are people out there who will simply phish for ideas from you and outright steal your intellectual property.
Nick Desai.
Awesome article. You handled the situation like a trooper. I wish I was there to see the guy storm off.
It’s the little things that make life worth living!
I should have skipped out, whistling a happy tune…and then stolen all the toilet paper from the restroom.
Ugh! I had a prospect try to do that – please write up several email marketing campaigns for us (for free). Thank you, no.
Meanwhile, it’s spread to the big guys too:
http://www.chicagobusiness.com/article/20110220/NEWS06/110229999/sears-riles-shops-with-demand-we-will-own-your-ad-pitch-idea
Bravo to Omnicom Group’s DDB Worldwide and TBWA Worldwide; Interpublic Group of Cos.’ Deutsch; and Publicis Groupe’s Leo Burnett Worldwide! As the article says, it’s been going on for a while.
Yet another personal experience of mine was a well-known manufacturer, looking for a new art director, contacted me and asked what I wanted for a salary. I quoted high because the area they were in was not a dream-come-true-land and I figured money would make up for the ultimate boring lifestyle. They didn’t blink but never said “that’s within our range.” I was shocked it was in their range but had a gut feeling it wouldn’t be as some companies lure you out for an interview and try to persuade you that the company culture makes up for less money.
Two weeks later, I was contacted and asked to illustrate and design and entire seasonal line. There was, of course, a NDA giving them all rights.
My first thought was what art director did the work of an illustrator and designer? My second thought was, naturally, what kind of request is that? I told them I was too busy to take on the work but had samples of work for Disney/Pixar, Warner Bros., Nickelodeon, Cartoon Network and Harley-Davidson and that should prove I was more than able to do their products. I never heard from them again. It was my first BIG lesson in the audacity of large corporations wanting something for free.
As several posters here have said, “just say no!” Some cursing and calling their mother names might also help. Little by little, this sort of thing is swaying me from taking the high road.
Here’s a GREAT response from a designer to a fabulous offer…on spec, of course!
http://www.davidairey.com/spec-work-request/
I don’t understand why designers will work on spec, but ultimately we can’t go down to the grocery store and get stuff for free. Just to see if we like it.
Keep that in mind the next time someone expects you to work for free.
On a smaller scale, also bear in mind that sometimes those closest to you, will also expect work for free, imagine friends, relatives etc. These are the people who should be supporting you, and that includes paying you the going rate for whatever it is that they need. Don’t forget that.
My late uncle was famous for asking for freebies. “There’ll be lots of money later,” he would always say. Then he would make a lot of money, buy cars, take vacations, etc. but never pay me. Then he would go out of business and start a new one.
When I started getting busy as a real professional, I quoted him a price for one of his new businesses and presented him with a bill for past work. He laughed and told me to do the work and “there would be money later.”
I didn’t do it and he kept calling me and yelling about how he needed the work right away. I held out for the money, he died as he started his fifth or sixth business and my cousins told me of the small fortune he left them in a Grand Cayman bank.
When I visit his grave, I leave him something I made myself.
A common ploy used to avoid any request to counter what you see as a suspicious situation is for a shady client to say something like this: I or the legal/accounting/marketing/production/creative team/person is not in the office today/this week so nothing can be done about that request.
Your response should be to do absolutely nothing more for them.
If this doesn’t raise red flags I don’t know what will. People have email, faxes, cell phones etc. If they act like the spec work is critical, and has a short turn around, it should make you wonder why they can’t get someone on the phone in their own damned company.
heh heh.. i like how you asked THEM to sign an NDA!
In cases like this or when pitching a project to a company, a good NDA is necessary for them to ignore so you can spend ten years in court fighting their army of lawyers while they claim they had the idea five minutes before meeting you. Or so I’ve heard.
agreed!
i’m sure more often than not in this sort of case the NDA likely wouldnt be worth the paper its printed on; i just really appreciated the moxie!