bad customers and court cases

Thu Jan 30 16:27:30 PST 2003

Quoting alvin at maggie.linux-consulting.com (alvin at maggie.linux-consulting.com):
...
> dunno if this is off topic or not...but am betting
> that some of you been thru this loop before... 
> and maybe entertaining to those that havent yet had the pleasure
> of bad clients
> 
> just curious if any of you have taken your ex-clients to 
> court ( small claims in my case )

I'm going to look at the Meta level of this.  I used to consult
in film (both computer and film work) and I mostly just consult
computer stuff now.  I just came off 4 years in a Pro Services
group for a company.

My first manager there wasn't quite my style.  She was very
managerial and you could see training kick in.  Fine manager,
just not personally my style.  HOWEVER, in calls and on client
visits, she honed right in on objectives.  Early on:
  What do we need to have done to get paid by you?
  What is the sign off point?

And we always worked towards that.  I recall her every time I
work with a client now.  It's not new, but keeping that goal
in mind is KEY when working as a consultant.  Documenting it
at the start and having EVERY STATUS report to the client cover
where we are in relation to that.  At no point should we be unclear
about the goal.  If the client starts with "I thought YOU guys would
setup the load balancer" we can clearly point out that that's not
in our goals - though we'd be happy to alter the contract (and price)
and take care of that.

Okay, that said:
As an indy consultant (film and 'puter), an appropriate way to get
paid is to use a "mechanic's lien."  This is an instrument that
basically came from "I did work (on your car?) and you didn't pay me."

I've also learned from a partner to never threaten suit.  If you're
serious, file the suit and threaten not to drop it.  Certainly, you
may *discuss* it with the client, but threats are empty.

There's no way I can comment on your circumstances; IANAL and all
that.  It's sad that it gets to this point.  It's always best to
work out what would make the client happy and what they and you
would be willing to settle for.  I've settled in a court hallway
before (idiot landlord).  The legal action can provide a time
motivator for all parties.