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Re: legal entitlement to 'working materials'?

Posted by Mike Kujbida on 02/14/07 02:48

Fred wrote:
> 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.(;-))


Especially if he did it tomorrow and said Happy Valentine's day to her as he
dropped it off :-)

Mike

 

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