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Re: legal entitlement to 'working materials'?

Posted by Fred on 02/14/07 02:41

Mike Kujbida wrote:

>
> FCP User wrote:
>> In article <1171396026.843523.160120@a75g2000cwd.googlegroups.com>,
>> rynato@gmail.com wrote:
>>
>>> I totally agree with what you say... except when you are dealing with
>>> a client who has been thoroughly unpleasant, or has proven themselves
>>> to be a 'taker', or other such nightmare clients.
>>>
>>> In that case, I would feel like a fool if I were to show that level
>>> of courtesy to someone who has treated me in such a manner. And that
>>> is the situation I find myself in. This woman asked me to turn over
>>> some files in return for paying my final invoice, and now that is
>>> not good enough and so if I don't help her, she will withhold final
>>> payment.
>>>
>>> Fuck that, and fuck her. I did the work for her, she threw a snit and
>>> she made a deal - the CD with the files she asked for, in return for
>>> the money she owes me - and I deserve to get paid, for her to uphold
>>> her end of things. After that we can talk about any further
>>> courtesies. I might even say yes. But in my mind, one of the last
>>> things you do to a freelancer is treat them like shit then refuse to
>>> pay them until they do further FREE courtesies for you.
>>
>>
>> I know this is going to be hard for you to understand cuz you're
>> pissed off. And I completely understand the feeling.
>>
>> But you've got to get some distance and look at what's happening here.
>>
>> Its no longer REALLY about her. It's about YOU.
>>
>> YOU'RE letting her control your emotions and reactions.
>>
>> So she's winning.
>>
>> What you need is to step back and understand how to switch this around
>> so that YOU'RE winning. And to my mind, that means rising above the
>> emotional crap and seeing yourself as ABOVE the petty BS she's
>> apparently steeped in.
>>
>> If you do that, she CAN'T win. Cuz you're suddenly unwilling to play
>> her game.
>>
>> Get a box. Fill it with ALL the tapes, discs, files, and paperwork .
>> Any and everything you can related to this project. Keep copies if
>> you want - tho I've go to tell you the chances you'll EVER actually
>> want to touch any of this again falls somewhere between slim and none
>> - but if it makes you feel better, fine. Do it.
>>
>> Then make up a written list of everything in the box. email her that
>> list and tell her you'll be stopping by with ALL the materials from
>> her project and attach that list.
>>
>> Then deliver it, and show her each and every item on the list.
>>
>> There will be NO reason, now, for her to withhold even a penny of what
>> she owes you.
>>
>> If you get the check, walk away, take it to the bank immediately, and
>> forget about the whole thing, except for the lesson she presented you
>> with about how NOT to treat people.
>>
>> If she doesn't pay you. You know this isn't about performance, it's
>> about her inability to pay. That's another story.
>>
>> Sit down somewhere quiet and think about how she acted in the early
>> meetings on the project. Did she give you any clues that she'd turn
>> out to be a problem? Think about your discussions about money. Did
>> she grind you on price? Did she seem disorganized? Uninformed?
>>
>> This is important, because if you EVER see these same behaviors in
>> another client, you'll have an early warning system about future
>> problems.
>>
>> She doesn't know it, but she's given you a GIFT here. The gift of
>> experiencing a bad client first hand. Now it's up to YOU to learn from
>> the lesson.
>>
>> Hell, you want to REALLY win this? Find the cheapest bunch of flowers
>> you can and SEND THEM TO HER - with a note saying "sorry this didn't
>> work out."
>>
>> That will REALLY mess with her. Suddenly she's gone postal on someone
>> who's now demonstrated that he's not only a decent guy, but a guy
>> who's willing to take extraordinary steps to mitigate damage, even
>> when he's NOT IN ANY WAY AT FAULT.
>>
>> How classy is that?
>>
>> You'll know you're sending her the flowers to thank her for letting
>> you learn an important business lesson. She won't.
>>
>> Everyone's happy.
>>
>> And when she she calls you later because there's nobody left who will
>> work with her. Politely tell her you're too busy.
>>
>> Let us know how things work out.
>
>
> Another excellent post from Bill on how to stay in business even though
> the client is a complete and total jerk.
> Take his advice - please. You'll win in the long run.
>
> Mike

At the very least it'll confuse the heck out of her.(;-))

--
Regards, Fred

 

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