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  • client woes here

    Posted by Jessie David on July 6, 2009 at 5:48 pm

    First time poster here looking for advice on sending a message to a “former” client.

    Okay, so a mutual friend hooked me up with a friend of his who was starting an exciting new business. I agreed to help him build the business, with the understanding that when the business grew my sacrifice would be rewarded. So, I cut my rates, donated lots of spare time, and did whatever I could to help. All totaled, I probably edited forty or so different projects for them, and though I always got paid, it was a fraction of my typical rate for similar work.

    So, fast forward to now, two and half years later. The business has taken off, they just moved into big new offices, and they hired lots of new employees. Suddenly, last week I received a call from one of their employees who left a message stating that he was their new video guy and that he was trying to track down certain video and graphic elements, and requesting my help. So, it appears our deal is no longer “the deal,” and I’m a bit conflicted as to the appropriate message I should send in response.

    Before you yell at me for getting involved, please understand, I never do this type of thing normally. This was a something I did this time because a mutual friend promised this guy was for real, and was trustworthy. My instinct told me the the guy was trustworthy, and he was for over two years.

    Anyone got any pearls of wisdom for me?

    Bob Cole replied 16 years, 10 months ago 12 Members · 20 Replies
  • 20 Replies
  • Todd Terry

    July 6, 2009 at 6:03 pm

    Don’t get upset… yet.

    Are you gonna get screwed? Possibly. Probably, in fact. But you don’t know that just yet.

    Set up a meeting. Go see this guy, this friend-of-a-friend. Spell out your wants, needs, concerns, and all that jazz… calmly and face to face.

    Maybe you’ll get what you want and need. Who knows? People are not necessarily unreasonable. You simply won’t know until you talk to him.

    If that doesn’t work out well… at minimum, too bad those “certain video and graphic elements” happen to have gotten lost… because it certainly sounds like you had no actual contract to archive them (or do anything else).

    Don’t fly off the handle just YET… talk to the guy. THEN depending on the outcome of that, you’ll be better prepared to define a course of action.

    T2

    __________________________________
    Todd Terry
    Creative Director
    Fantastic Plastic Entertainment, Inc.
    fantasticplastic.com

  • Bob Zelin

    July 6, 2009 at 7:23 pm

    one of the greatest articles ever written was Ron L’s article on grinders. Jessie – you are screwed. I get into that situation occationally “if we get the show, we are going to use YOU !” – when you work for “free”, you work for free, and the client, who does this to everyone, works very hard at finding “free” labor, and rental equipment, etc. so they can run their business “for free”. This is how they become successful.

    Sorry buddy – you are screwed. I’ve been there (and recently).

    One of my favorite expressions is “no good deed will go unpunished”.

    Bob Zelin

  • Maurice Jansen

    July 6, 2009 at 7:38 pm

    it’s a cliche

    but don’t get in buisness with friends and family. NEVER EVER
    but of coarse this will not help you.
    don’t let it come in play with your friendship with your mutual friend.
    if the guy aint reasonable don’t give him the footage.

    succes
    Maurice

  • Ron Lindeboom

    July 6, 2009 at 7:48 pm

    The only hope I can see in this one is to see if your friend who introduced you would be willing to attend the meeting that Todd Terry suggested, as that would be the only thing that would give you any power in this face-to-face situation.

    If the person who referred you is willing to go with you to meet with the person they referred you to, then the one who stiffed you is likely to get really uncomfortable fast should the three of you be in the meeting together.

    If they won’t go, then I wouldn’t bother asking for a meeting. Instead, I would write an email addressing the history and what was to have been and I would publicly CC your mutual friend on it — so that the guy that changed the rules knows that his trousers are down around his ankles and that his hind-quarters are bared for all to see.

    The point? To let the guy that referred you know that he is referring people to a jerk — and the jerk knows he’s been called on it.

    Short of that, I can’t think of anything good coming out of this one. But better minds than mine frequent this forum and so I await the verdict of the Body Bovine.

    Oh and thank for the kind words, Bob. Coming from you I am highly honored as I think you are one of the smartest minds in the COW.

    Best regards,

    Ron Lindeboom

    Creativity is a type of learning process where the teacher and pupil are located in the same individual.

    Perfection is achieved, not when there is nothing more to add, but when there is nothing left to take away.
    – Antoine de Saint Exupéry

  • Walter Biscardi

    July 6, 2009 at 7:51 pm

    [Bob Zelin] “one of the greatest articles ever written was Ron L’s article on grinders. Jessie – you are screwed. I get into that situation occationally “if we get the show, we are going to use YOU !” – when you work for “free”, you work for free, and the client, who does this to everyone, works very hard at finding “free” labor, and rental equipment, etc. so they can run their business “for free”. This is how they become successful. “

    And unfortunately you can run into very bad situations even with people you’ve worked with for a long time and built up a professional trust with. You just wonder sometimes what these people are thinking and how they can operate the way they do.

    Walter Biscardi, Jr.
    Editor, Colorist, Director, Writer, Consultant, Author.
    Credits include multiple Emmy, Telly, Aurora and Peabody Awards.
    Biscardi Creative Media

    Creative Cow Forum Host:
    Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital.

    Read my Blog!

  • Jessie David

    July 6, 2009 at 7:57 pm

    [walter biscardi] “You just wonder sometimes what these people are thinking and how they can operate the way they do. “

    This is precisely what I’ve been thinking I’d ask in an email. I want to ask him something like, “So, how do you justify this, and what part of this do you not understand as being wrong?”

  • Ron Lindeboom

    July 6, 2009 at 8:40 pm

    [Jessie David] “I want to ask him something like, ‘So, how do you justify this, and what part of this do you not understand as being wrong?'”

    Eewww. Good one, Jessie. ;o)

    Although I’d vary it a bit and go straight for the jugular with something akin to: “So, how do you justify this, and what part of this do you not understand as breaking the word that you gave me when you needed my help?”

    Ron Lindeboom

  • Jessie David

    July 6, 2009 at 8:50 pm

    [Ron Lindeboom] “go straight for the jugular with something akin to: “So, how do you justify this, and what part of this do you not understand as breaking the word that you gave me when you needed my help?” “

    That’s much more powerful Ron. Now we’re really getting somewhere.

    Unless someone else can best that, I will go with Ron’s variation on the theme. I’m convinced the message from the new hired gun was a Dear John letter, so I really have do desire to pussyfoot around the issue, there’s too much water under the bridge with this fellow.

  • Patrick Ortman

    July 6, 2009 at 10:36 pm

    Ron’s advice is sterling: I’ve had two occasions like this, where a friend-of-a-friend type client tried to screw me. It’s always best to bring in the person who referred you, it ups your chances of being paid about 90%.

    ———————
    http://www.patrickortman.com
    Web and Video Design

  • Steve Wargo

    July 7, 2009 at 6:40 am

    And, figure up what it would have cost them if they were paying your rate. Write an invoice for the difference and, if an appropriate time comes, hand one to the new company and one to the go-between. And if they don’t pay, sue them both. verbal contracts are completely legit. The go-between will immediately offer to take your side. You got nothin’ ta lose.

    Steve Wargo
    Tempe, Arizona
    It’s a dry heat!

    Sony HDCAM F-900 & HDW-2000/1 deck
    5 Final Cut (not quite PRO) systems
    Sony HVR-M25 HDV deck
    2-Sony EX-1 HD .

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