Ask FreelanceSwitch #3



In this issue of Ask FreelanceSwitch, Travis King and Thursday Bram look at what to do when a client goes AWOL and when they drag their feet during a project.

Ask FreelanceSwitch is a new regular column here that allows us to help beginners get a grip on freelancing. If you have a question about freelancing that you want answered, send an email to askfreelanceswitch@gmail.com.

Let’s rock!

Question #1

Recently, I was contacted by a company when I replied to a job posting. We signed an agreement and everything but now I can’t get in touch via email with him, and I didn’t get paid (as said on the agreement). The big problem is that I’m in Brazil and I really don’t know who or how to ask for my rights…I already sent an invoice via PayPal to him but still got no answer.

- Miguel

Thursday: Your options depend on a couple of details — like where your client is based. In a worst case scenario, if you’re working with an international client, you would likely have to sue the client in their own country to get paid. That kind of option is prohibitively expensive, unfortunately. If they’re local, however, you may have the option of taking them to court in Brazil.

Before you escalate to legal action, it’s worth trying a couple of different ways to get in touch with this client. If the agreement you signed had a mailing address or another method of contact, it’s important to use it. There’s also the option of trying to find the client through social networking sites. You may be able to find the person you specifically signed the agreement with or, through a search on a site like LinkedIn, you may be able to find someone else working at the same company. I would suggest exhausting every method of communication you can think of to try to get in touch with this client.

Unfortunately, if you can’t find your client at all, you may not get paid at all. It’s an awful situation to be in, but not as uncommon as freelancers hope. The only suggestion I would have at that point is to mention the situation when you’re preparing your taxes: in many countries, there are options for writing off unpaid invoices on your taxes.

Travis: Boy oh boy Miguel, that’s certainly an annoying situation. Recently, that same thing happened to me when a client walked away near the end of the project and refused to pay up. Multiple emails went unanswered and legal action was threatened. It took me a few days to calm down, but eventually I got over it. It also helped when I burned down his business.

As Thursday mentioned, unless you live in Brazil, it’s going to be near impossible to track this dude down and get your money. If you ever get a whiff that a client is going to be trouble, get your cash as soon as possible and never give over your files until you’ve been fully paid.

If you like, use this as a learning experience. Print out the invoice and pin it to your wall. Every morning, walk into your office and reenact the scene from Taxi Driver:

“You talkin’ to me?”

“You talkin’ to me, Invoice? Well I’m the only one here Invoice! Who the heck do you think you’re talkin’ to?”

Really get into the role. It will help you to remember who’s boss and how no one’s going to take advantage of you again. When you’ve done that, do a reenactment from Spartacus…I’m Spartacus! No, I’m Spartacus!

That won’t help you with your problem, but it’s a great scene.

Question #2

I seem to be a magnet for clients who drag their feet (in every aspect of the process). They start off super excited about the project, but quickly lose momentum and it ends up taking weeks and weeks to get information I need or approval for anything. I hate having to try to keep these people interested in their own business affairs. Is it better to cut these types of clients loose? Is there a way to sniff them out ahead of time?

- Matthew

Thursday: I’ve wound up with my fair share of clients who didn’t seem exactly enthusiastic about their own projects. In my experience, it seems to happen more often with longer projects — clients feel like the end of the project is so far off that they don’t need to worry about it immediately, although there aren’t a lot of consistent warning signs for this sort of thing. I’m not saying that you should try to work faster — but it is a somewhat common problem in long projects. How you handle it can depend on just what the client is dragging his or her feet on.

For me, one of the most frustrating problems is if a client doesn’t get me the information I need to work on a project in a timely fashion. I’ve tried to explain that delays push back the deadlines for each step of the project, but I’ve found that adding a timeline to my standard contract — along with details on what will happen if a client doesn’t stay on top of things — helps keep some clients focused.

An invoice can make a difference in how a client thinks of a project. When there’s money on the table, it can motivate some people. I try to structure long-term projects so that I’m sending along an invoice every couple of weeks. I get a lot of responses alongside payments. It’s also a form of protection: if a client does entirely lose interest in a project, I’ve still been reimbursed for my time. I’ve been known to charge for the extra time it takes to get a client to send me the necessary information, as well. It has only taken one extra invoice to get most clients moving along.

I’m generally not one to ‘fire’ a client as long as he’s not late with payments. But if it’s a situation that frustrates you, it might be worth focusing on projects with shorter timelines for a while. It’s not a guaranteed fix, but it can at least give you an opportunity to work with clients who won’t have time to get distracted by other things.

Travis: Clients dragging their feet is nothing new. I once had a client take over a year to get their content together. That’s why we get a sizable chunk of coin upfront. It’s a lot easier to wait when you’re getting paid up front.

A lot of designers require all the content up front before they’ll even look at the design. This is a great idea, and it’s something that I recently started doing. You can reason with the client that it’s presumptuous of you to put together a layout without even understanding what their business is.

As far as your current client goes, you’re kinda boned until they decide it’s important enough for them to send you some content. Remind them once in a while that you’re still waiting, and maybe even suggest a copywriter if they’re having trouble putting the content together.

Two final words of advice to make the time pass when waiting around for client content: Gin + Ginger.

Tags:
PG

Travis King is a freelance designer, Japan travel blogger, and a big jerk. Follow him on twitter @travis_king.



  1. PG Lucian

    Not sure if this happened to somebody yet, but I got 50% deposit and cannot get the client to send me the files so I can start working. More of it, has not responded at my last email either. It is a unique situation for me and it looks I’ll have to keep the deposit, as the client doesn’t seems interested in a refund or anything.

  2. PG Nathan Clendenin

    Some clients don’t really know what they want – and need you to direct them. Some need to see something before than can have an opinion. It’s tough…

    I also recently started making clients put together all their content for me before I begin working. I usually use WordPress and customize a template for them, so once I have the content, I can really crank and actually save them money. Otherwise I’m just twiddling my thumbs.

  3. PG WD

    incredibly UNPROFESSIONAL answers to legitimate questions. Travis – grow up!

    1. PG Travis King

      Really? And here I thought people that followed my advice would all turn out rich, famous and incredibly good looking.

      I think there may be a problem in mistaking legitimate questions = legitimate answers.

    2. PG Joel Falconer

      Wow, awesome troll.

      Ever heard of humor writing?

  4. PG Avery

    We’ve rushed into projects only to drag our feet on the execution until they’ve been long forgotten. In some cases the reason for this being simply because my bosses may have a location that needs advertising ASAP to help boost sales which leads me to be pressured into quickly hunting down costs and putting together an ad plan and designs. Then, despite the urgency, the execution is delayed as the company decides whether the advertising costs will just be more money lost or perhaps there are difficulties getting our partners to commit to paying a portion of the costs.

    So long as you do as Thursday suggested and get paid throughout the project then it really shouldn’t be a big deal. A sense of accomplishment is nice but getting paid is the primary objective here right?

    If the problem is more a simple case of motivation (we have a lot of that here too) then talking to them about setting weekly/monthly goals may help alleviate the problem. (Probably not but it’s worth trying.)

  5. PG Janet Carlson

    In the 1990′s I had a craft show business here in Florida. When I went out of business I donated the unsold merchandise to charity. When it came time to sit with my accountant to do the taxes, I learned that you cannot “write off” labor. On the other hand, had I bought the merchandise from China and sold it at the flea market, I would have been able to write off the unsold merchandise.
    Years later when I had a client who did not pay $3000, I was not able to write that off, as it was considered “labor”. Maybe the laws are different elsewhere.

  6. PG Sketchee

    For the second question, I agree with Avery. Turn a long term project into several short term projects. In my full time job as a magazine designer, we break the project into smaller deadlines. With so many writers and designers and editors working on a project, there really need to be set times when things should be do.

    Set deadlines both for your own work and others. You will get the first proof done by February 1st. They have to get the proof corrections and revisions back to you by February 8th. You have to get revisions changed and a final proof by February 19th. And you’ll have approval by the 25th and you’ll make your deadline of March 1st. This method makes it a month long project instead of a hectic-last-week-of-the-month project. Set deadlines that are not only realistic but generous in case things are wrong. And this also sets expectations on both sides.

  7. PG Zoe Feast

    Two great questions.
    Regarding the first I would always make sure that you structure your agreements to ensure you get a decent deposit…and don’t start work until that deposit has been received. It may be the case that this client never had any intention of paying, a hard lesson to learn but one you will never let happen again.

    It’s a real pain but haven’t we all be burnt at some point?

  8. PG Mara

    Here’s an unusual one: I once had a client pay me up front for a logo design with a deposit for a web site. She completely disappeared just before approving the final design of the logo, but before the web site was even started. So, I’ve been over compensated for the work put in, but I don’t know if…

    1. Do I own the logo design or does she if the contract included rights?

    2. Since there was a non-disclosure about talking about the business before launch, can I use the logo design in my portfolio if the business never developed?

    It was actually a great project. So sad…

  9. PG Cassie

    For the record, Travis rocks! I enjoy laughing once in awhile. It’s good for the soul. And it’s good not to take yourself so seriously.

    Anyhoo, I’ve finally updated my terms of service to say that after one week of “non-communication” an invoice will be sent for work completed. If it still isn’t paid, I keep the deposit. No refunds! So far, everybody understands and I haven’t had any issues….yet. If I do, I’m not averse to starting some fires. :)

  10. PG Zach

    I agree that the best cure for this problem is taking the time to develop and include a detailed project timeline in your initial project proposal. I have a basic table in each project proposal I create that has three columns: Date, Client Responsibility, and Designer Responsibility.

    Client responsibilities include concrete milestone dates for putting down 50% deposit, getting all content to me, and giving feedback/approval. I put an asterisk by each of these items and at the bottom of the table say “designer reserves right to push final delivery for each missed milestone.”

    It goes a long way to establishing yourself as a professional and communicating that project deadlines are a shared responsibility.

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