Milda Bublys

Recently I had to take a company to court for not paying me the last invoice on some freelance design work I had performed. The company was called Maxwell International Trading Group Limited, and I designed a line called Sarah Johnson. I mention the name as way of warning any other designers who might be lured in to work for them. I soon realized that the shouting matches between the two married owners was not the only negativity that was relegated into my personal bubble. Its been a long, arduous process, and I’d like to explain some steps to protect yourself:

• Make ‘em sign an agreement! Clients that are hesitant about signing a written agreement should be suspect. I know it feels kinda weird to do, and if you’re anything like me, you have trouble being up front and firm about it. Trust me, I have done it both ways and have gotten screwed more times than Tara Reid at MTV Beach House Spring Break. Jason, the owner, and his wifey, Sarah, took over 2 weeks to get back to me on whether to sign the agreement. I shoulda’ known then! You can follow my template to make it easier- upload it from this link:

agreement-template1

• Get a deposit up front! Though I usually ask for one-half the total amount of the project, this can vary slightly. This is an important and necessary step, especially with new clients as, firstly, it shows them that you mean business and they cannot falter from the agreed payment. Secondly, once you WAIT FOR THE CHECK TO CLEAR BEFORE PROCEEDING WITH ANY WORK, it will protect you in terms of cash flow if they take forever to issue you a check at project completion. ABSOLUTELY DO NOT give them the finished product until you have payment in-hand (C.O.D.)! I know it might make you seem or feel like you might lose a client if they don’t agree, but please trust me when I say that if they do opt out, they would have been more pain and time that it was worth.
• Get all rough drafts and work approved as you go! If my client wants 20 designs, I sketch double, then I have them pick the 10 best by checking each one they like, and then initialing right beside it. I also follow up with notes from our meetings in email, and ask that they can confirm what was discussed, decided upon, and for which time frame-advising me immediately of any errors or changes. This technique especially helped when I had the sales guy approving many things without consideration or care, and then later, when I was blamed for decisions he made, I was able to produce emails and initialed sketches as proof!
• Stop calling yourself a freelancer! When it comes to your clients and resume, mostly. I find that they will take you more seriously if you refer to yourself as an “independent contractor“. For some reason, the word “freelancer” has almost a negative connotation- like we’re all working only about 20 hours a week and the only reason we do is to pay rent, buy food, and have enough money for a cigarette habit.

Above all, stay strong sister, and network with other freelancers on what they do to protect themselves. Shout out to my friend David S., who is a kick-ass fashion illustrator, and the best-est ally a girl could have. He not only gave me all the above advise and more, but served as my expert witness in small claims court!

You can’t haaaandle the truth!!!! (min 1:38)

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agreement, deposit, freelancer, independant contractor, lawsuit, small claims court, suing