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When the Client Kills Your Work, What Next? ASK MIKE

By Michael Stelzner

Lynn recently wrote about a bad situation she experienced as a freelancer.

She followed all the rules and wrote a great white paper. But…

The client decided it did was “too educational” and did not focus on the company.

Here’s more of the story from Lynn:

I haven’t had the chance to do many white papers - was excited to write one last year and worked hard on it…felt it came out well. For several months, client said paper was “in review” …

I just found out that they told their in-house writer to completely redo it, including adding a heavy company-slanted brand/product-specific pitch throughout. (It was originally written as objective “how to choose” guide.)

Client said they appreciated my hard work, but should have realized only an internal employee could be expected to grasp what they wanted.

Here’s the problem: client told me that - because it’s now a substantially different paper, I cannot claim I wrote this project for them.

I really need a white paper sample to prove I can do this type of writing. Any ideas on how to leverage my weeks of work without angering client? (My original signed contract specified client owned all rights, but I retained right to show work for personal advertising/marketing purposes once it was released.)

So Lynn, there is some good news here.

You are not alone, it happens to the best of us

You did everything right and the client just “doesn’t get it.”

Here’s what I recommend:

  • Claim the company as a client and promote them on your site as a client that you did a white paper for. You have that right in your contract.
  • Do NOT post the work on your website. Consider putting something like “Samples available on request” on your white paper services section of your site.
  • If someone wants to see an example of a white paper you wrote, send them the paper you wrote. The fact is that most creative types display their best work to prospects, whether or not it was what the client selected. This applies to white papers just as much as logo designs and advertisements.

Anyone else have any insight to add or share?

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This entry was posted on Thursday, August 9th, 2007 at 5:04 am and is filed under Freelance Writing. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

  • Frank and Tom - Excellent advice! - Mike
  • Lynn,

    I just ran into this problem, despite providing the client with a detailed outlet of the direction of the white paper. The outline received a thumbs up and I went to work. The client rewrote it substantially into something quite a bit different than what I had outlined using examples I was not privy to during the research phase.

    This is the client's right, of course. I am lucky to have plenty of white papers available to show clients. Still, I feel your pain.

    I have two suggestions for all writers. One is to use an outline, something Michael suggests, and get client sign-off on it. It didn't work in this case but that hardly invalidates the practice of providing outlines.

    The other suggestion is to build into a contract a kill fee of 80 percent, give or take. In journalist circles, the kill fee is more like 30 to 35 percent, which is awful, unethical and unfair. I did a ton of work on this white paper and deserved the kill fee, which I received. I had billed a larger fee but since there was no follow-up edits I felt I could live with the kill fee.

    I agree totally with Michael's suggestions.

    Since white papers are a relatively new concept both clients and writers are learning. I don't dislike this client and may work with it again. Perhaps your client may call on you again for another shot at something else.
  • Tom
    Lynn,

    As a freelance illustrator/designer, I have a few ideas for you.

    You still have the right to be paid. You were contracted to do the work. You did the work. You delivered the work. You have a paper trail proving it.

    You are entitled to at least a kill fee of from 50-100% of the contract amount. The percentage is at your discretion, based on your relationship with your client, regardless of whether they "used' the work or not.

    Perhaps your client should have been more specific/up front about the brief, and scope of the project - their intended use - whether it was to be used as scientific copy or advertising sell copy. It sounds to me like they were never intending to pay you, and also have no problem taking your intellectual property and using it in as many places as possible. Since they used your intellectual property as a basis for their "rewrite," that is still a use of your writing.

    As the originator of the creative piece, you have first rights over changes. The fact that your client did not give you that option is evidence that they were only concerned with getting a well written document for their own purposes for free.

    I'm not suggesting you get mad about this. I am also not suggesting you put your tail between your legs and skulk away. I am suggesting you read up on your rights as a freelancer at the very least, and possibly contact an intellectual rights lawyer about being paid on this (depending of course on how much you were originally contracted to be paid).

    This can be handled in a way that your client will gain professional respect for you, and possibly hire you for future projects. As a freelancer for over 16 years, I have learned that this is actually a way of increasing business, thru building long term relationships and referrals based on respect.
  • Lynn
    Linda...those are all definitely doable strategies...and Michael had a couple of good suggestions as well. I'll definitely find a way to post a portion of this draft, if not the entire paper. Thank you again...you guys are great!
  • Linda Byam
    Hi, Lynn! Could you use your original paper and substitute XYZ Company's name, stating that the client wishes to remain unidentified for competitive reasons or something like that? Surely there's got to be a way that allows you to ethically showcase your actual work without offending the "client". Or would the client allow you to include a disclaimer such as "This is the original white paper presented to the client. However, the client later decided on an approach with more of a promotional premise, which was handled in-house." Best wishes to you from Linda
  • Lynn
    Thanks to everyone for your wise and thoughtful comments...your advice is very much appreciated.

    I agree with you that using the client's reworked version as my sample would not reflect well on my abilities: it would look like I really didn't know what a white paper was. I just was hoping to post a few sample sections online from my own original draft, as I am proud of that version and worked hard on it.

    But the client seems so opposed to their name appearing on any sample content that is not the officially-approved final paper. Yet Michael's comment is true: almost every ad writer/designer has featured original concepts in their portfolios that they feel are strong, yet were changed...or even rejected....by clients after submission. And no one questions that.

    Thanks again Linda, Jon and Michael: just having a place to vent and hearing advice from professionals who have been doing this longer than me helps a lot!
  • Linda Byam
    Jon, thanks for the confirmation. I think a communications counselor/writer brings greatest value to a client by helping them see what they can gain by going beyond the "let's talk about me - me - me" when, in reality, nobody cares about "you - you - you" unless you can truly offer them something of value. When there's valuable, objective information/insight in a true white paper, it engenders respect and appreciation for the sponsor. Sure, that may not translate into a sale today, but it positions the client well for the future. WHY IS THAT SO HARD FOR CLIENTS TO UNDERSTAND? Short-term thinking, as usual. However, a white paper tainted by self-promotion achieves neither goal, so that makes it a waste all the way around. OK, this soapbox is taller than I thought, so I'm going to climb down very carefully now and head off into the weekend. Best to all, Linda
  • Lynn,

    Linda makes a great point above. You can also point out to future clients that white papers which morph into product pitches or contain company/product information are very hard to promote as part of any marketing effort, especially a B2B Pay-Per-Click campaign. Many companies are now using a "white paper search" as an integral part of their RFP process. Therefore the people doing these searches for white papers on the Internet are interested initially in only objective data, not an opinion (a product brochure). Consequently, if the goal of this particular white paper is to generate sales inquiries, the results will be disappointing.

    Jon
  • Linda Byam
    Mike, I hope Lynn finds something helpful. And thank you for your site and its insight! Best regards, Linda
  • Hi Linda - Thanks for your great and thoughtful comment! - Mike
  • Linda Byam
    Lynn, you'll face many times when you must decide about telling the client what they need to know, not just what they want to hear. In my opinion and my experience, that's one of the most valuable things you have to offer. But it takes guts to do it and diplomacy to do it so the client is grateful. It sounds like you and the client had differing concepts about the goal of a white paper. You wanted an informational piece to position the client as an expert in their field; the client wanted a thinly disguised promotion of the company. And if you were permitted to display the adulteration as representative of your approach to white papers, I think you'd be hurting yourself. Perhaps you might consider writing a "tip sheet" for prospective clients on how to make the most of a white paper, what its purpose is and what your approach is. And why it will mean the best for the client! That could help ensure you both are tracking in the same direction. I hope you got paid for your work. But, Lynn, NEVER compromise what you know to be the truth and never allow your name to be connected to something that does not truly represent you. You will regret it in the long run. Yes, I know there are bills to be paid, but you're trying to establish yourself; build the firmest foundation you can. With all good wishes, Linda Byam
  • Jason - Thanks for your feedback! - Mike
  • Great problem/solution to share with all. Certainly something to keep in mind with testy client work.

    Thanks!
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