I was talking with a coaching client yesterday about how to deal with icky clients who don’t want to pay their bills after the fact. You know, the ones who’ve already had the use of your service but who now decide it “didn’t deliver” for some vague reason. Like the girl who wants to return the dress she wore to the class party because it didn’t get her a date — after she got mustard on it.
Well, first of all, my client had done the right thing and collected a nice deposit up front, as well as progress payments as the project continued. It was only the last invoice for her creative service that was in question — but it was a big question, to the tune of $10,000.
Her client had used her “product” to sell his product, and she had worked closely with him throughout, creating and revising to his specifications. I’m not going to tell you exactly what she does, but it could be anything along the lines of graphic design, commercial photography, copywriting, public relations, web design — that type of creative service.
This kind of stuff makes me mad — really, really mad. Her client said he “didn’t get her emails,” but email delivery seemed to be working extremely well on the other end — whenever he needed something right away, or when he wanted to rebuke her assistant for having the nerve to remind him that his bill was overdue.
He played on her emotions, saying he “considered her a friend” and thus wouldn’t correspond with her assistant. Yet he refused to respond to her attempts to contact him. He said the service “didn’t work,” because his sales weren’t what he’d projected, even though he had been very happy with the finished product when she had delivered it. Grrrr.
I know his type. I’ve seen him before.
- He is not her “friend.” If he were, he would want her to do well, he would stand by their original agreement, and he would respond to her attempts to contact him.
- He is bullying her after the fact, and trying to get away with something.
- He is making her creative service bear the responsibility of his entire sales and marketing campaign.
Here’s what I told her that I tell bully clients like that:
- Our work was developed to your specifications, based on information provided by you.
- You approved the work at delivery.
- If what we do had the power to guarantee sales regardless of the performance of any number of other pieces of the sales and marketing puzzle, and other outside influences, I’d be a lot richer and you probably wouldn’t want to pay the price my services would demand. My product (say graphic design, for instance), no matter how much I value it and think it’s a very integral part of the mix, just doesn’t have that much clout. It isn’t that powerful. It can’t do it alone.
Don’t let icky clients hold you responsible for their sales. Ask them about the other components of their campaign, preferably at the beginning of the project, as well as outside influences that might affect the campaign’s success, such as:
- Any special deals or conflicting promotions happening with the competition
- The client’s channels of distribution and how they’re being managed
- The demand for this product or service
- The client’s pricing strategy
- The other components of the marketing plan
- And any other elements you can think of, depending on the type of project you’re working on. You get the drift. Modify this to fit your situation.
Talking about these things at the beginning of the project reminds the client that, while your service is very, very valuable, the kingdom doesn’t rest on your shoulders (unless you’re designing the client’s entire sales and marketing campaign, and even then, you can’t control all variables, like every client sales person). Even if you don’t bring this up until the end when he’s bullying you, asking him about the other parts of the project and how they performed reminds the client that your part can’t be held responsible when sales projections aren’t met. Especially if he was happy with your service when you handed it over.
Your service did “deliver.” You did what you promised you’d do for the price you promised you’d do it for, and he liked it. He can’t come back now and say it didn’t work. The dress looked great on him when he left the store. It’s a perfectly nice dress.
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{ 6 comments… read them below or add one }
AMEN!!!!!!!!!!!!!!!!!!!!!!
In situations like this, I’ve asked the client that if, in fact, I’m now a partner/stakeholder in their company (since they want me to share in its “losses”), can I have a piece of the profits too?
Jen: thanks for the Amen!
Leanne: Terrific come-back! Who can argue with that? I’m adding it to my repertoire, as well.
Marcia
Marcia: I’m glad to see I’m not the only one who doesn’t cower when a client tries to bully me. To protect myself against “you promised…” or “you said you would…” I always follow up every phone call with an email outlining the the most recent conversation and the information exchanged. I keep copies of all the emails in the client file on my computer. That way I have a paper trail of what was said by whom and my client has a copy to refer to if they have any questions. Most people appreciate the attention to clear communications. But it also stops most bullies dead in their tracks. Takes a few minutes longer, but its worth it.
Michelle,
Excellent idea! Everyone should take the time to do this. A little bit of this advance planning can save your bottom when you need it. Thanks for adding this great advice.
Marcia
Nice that bullies have very short memories. One thing you might like to remind them about is the fact that since the bill isn’t paid in full, they don’t own what you did. So, if they are using it in their business, you are legally entitled to go after a percentage of sales since the day they started using said materials, because they are using what is essentially your product.
These creeps think they are so smart. Their smugness could actually cost them dearly if it ever went to court. This happened to a colleague of mine and he loved the look the on the creeps face when he realized he owed the (photographer in this case) a percentage of sales.
If they don’t pay for it – they don’t own it. Really simple.