May 13, 2004

Perils of Freelancing

TODAY is wear-a-red-tie-to-work day.

It looks like things have been pulling through smoothly toward the end of this week. I was nearly at my wit's end Monday trying to haggle a deal with this company I have been writing content for… which extended to Tuesday, to Wednesday, to Thursday… until, FINALLY, I got what I wanted. I expect to receive payment Friday afternoon.

If you are a freelancer, there is one thing you should always keep in mind. No matter how friendly your client appears to be, and no matter how deep your friendship is, never enter into a paid project without first agreeing on and signing a contract with includes specific dates. It is the harsh reality of freelancing that when the day comes that the money you toiled for is due you, your client will find ways and make up excuses to not pay you on time, or worse, to not pay you at all.

When getting into an agreement with a company alien to you, research on its financial standing first before you give your "matamis na OO" (sweet YES). You do not want to have anything to do with a rickety startup or a potential fly-by-nighter.

Fortunately for me, I had half the mind to come up with a contract when I agreed to provide content for them. Although initially, the company told me there would be no need for a written agreement as they were not "tuso" (shrewd). Animator told me to insist on having a contract, just for formality (I nearly bent over backwards and gave in to their "request"). For nearly two weeks, I used up about three call cards trying to track down the executives responsible for the payment (who, by the way, have suddenly transformed into the most conniving escape artists). I called every day, every hour; at first seeking audience and consideration, and when I did not get a single reply, threatened lawsuit.

I have no lawyer. Nor do I have an extensive knowledge of the law. But I can write kickass contracts and make them sound as if a true lawyer crafted them. Nevertheless, I called up my friend Tuesday, asking for advice. She is no lawyer either. But she soon will be, and to me, if it were only to scare the company, it was good enough.

Never in my life had I threatened to file charges against somebody, much more a corporation. For that, I feel powerful. It was a week of hell; but I survived. Scratched and bruised, but I got my money. And that's all that mattered.

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This week's lessons are:

- Always place agreement in black and white
- You should have these three people as friends : a lawyer, a doctor, an accountant

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