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06/11/2006: "Attention Copywriters - Don't Let Clients Change Your Contract or Take Advantage of You."

If you're a copywriter, you probably use a contract in dealing with clients. If you don't, you should. For the most part you really won't need written agreements. Most of your business transactions will, as a general rule, flow nicely.

But there will be that client who comes along who will give you more grief than any amount of money he may give you is worth. Or, you may get no money at all yet all the grief.

For example, last week I had a prospective client who wanted a Web site written. It was a fairly small job and not especially much money as jobs go. It would have paid about $3,000. But it would have been fun.

So I sent him a contract. He kept it much longer than normal. I had a feeling he was pulling one. I expect some clients to seek council whenever they do any deal. I have no problem with that. But this man was of foreign extraction and such men are often throwbacks to the caveman and they think all women are fools to be taken advantage of. And, to their credit (or lack of same) some of them think they're so sharp they can take advantage of any natural born American citizen, man or woman.

This antiquated attitude has been bred out of most men under fifty in all but the middle east and some men in France. Many old duffers over sixty in all countries still suffer from this problem unless they've had women bosses or very bright wives or in some manner have managed to overcome this illness of mind.

Well, about a week after I sent him the agreement he sent me an email and said he was ready to overnight me the check if I'd just agree to a "few minor, standard changes" his lawyer had made.

See, their gambit on this game is to come in at the last minute . . . just under the wire . . . and put the money before you and want just a tiny change. You learn this at Screw U.

I never agree to changes in my contracts. I have them created as they are for a reason and I don't negotiate them. But for the fun of it I read the document. The changes were not minor nor standard. He had it fixed so that if he didn't like the copy, he didn't pay for it. He also had it so he paid in three payments. I always get paid in full in advance.

In addition, he had it in there that I was to do the design. Now I don't design anything. I make that clear on my site, in my conversations with clients and certainly in my proposals and agreements.

This ol' boy must have thought I was so hungry for a job I'd sign anything! Well, he picked the wrong broad. If I didn't work another day in my life, I have all the money I need. I didn't need his job. I don't
need any job. I accept a job if and when I choose to and on my terms.

The only thing I'll negotiate is I will come down on price. But ONLY if I take something of keen value away from the prospective client . . . take it totally off the table. I know there's an article on the net
about how we copywriters give a high quote and expect to come down. Well, if that's true, it does not apply to me!

When I was young and starting out people took advantage of me. But with age comes wisdom. And if you're young, take my advice. Use a very good contract. Don't let prospective clients trick you into changing it in their favor. Don't come down on your fee unless you take something of value off the table.

Another piece of advice that, if heeded, will serve you well is to never, under any circumstances, let our client see the final polished copy you've written for him until he has fully paid for it and signed an agreement stating that if he writes you a bad check, stops pay on a check or does a credit card charge back you will be repaid and you will retain all rights to the copy. Once a person gets what he wants he's not anxious to pay for it. If you withhold it until you get full payment, he'll be in a greater hurry to pay you.

Most clients have enough business sense to not take advantage of you. But some will if given an opening. Do the best job you can for your client. But take care of yourself first. You can be certain that he's taking care of himself and not thinking of you and your needs.

There are some real tricksters out there. Many people have learned how to act very friendly and innocent and all the while they're figuring out how to screw you. They attended SCREW U University.

And do not be intimidated by lawyers either. Some clients bring them in. Most lawyers are not all that bright and half don't know too much about the laws in their very own states. Especially intellectual property law or Internet law. Just because someone is a lawyer does not make him or her especially smart.

Bottom line --- not all people are good people. Lots of ill-informed people think that copywriters will take any job and sign any agreement to get a job. No matter where you are in your career, don't let them do this to you. It's a form of rape.
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