Guide for freelance writers

Those six little words. Most of the time they are among the best six little words a freelancer can hear. But sometimes hearing them makes you nearly wail in despair. Except you're a pro. You don't do things like that. Well, at least not in front of anyone you do business with. Well, at least not most of the time in front of anyone you do business with. Besides, if you happen to be a guy it looks

really bad. If you're a woman, I am not dissing the way

it makes you feel, because it makes men feel just the same way.

'The check is in the mail.'

When the check actually is in the mail, you generally know and it's a relief. After all, the rent has to be paid, it's nice to eat at least occasionally, and chances are if you live outside the United States your Internet and telephone bills have also been mounting up, most likely as a direct result of working on whatever you wrote or edited

for the person who's saying: "The check is in the mail." But what do you do when you know the check is not in the mail?

I'll be honest with you. I haven't always got paid for my work. And I can't absolutely guarantee that you'll always get paid either. If you've never been stiffed by a publisher, you're probably not reading this anyway. If you've never been stiffed by a publisher and you are

reading this, write to me. Better still, write a book - you'll make a fortune! But even though I do not have a 100 percent success rate, I've been around this game for a while. And I can tell you some of the things to do, and maybe more importantly, what not to do to make sure that the check does indeed arrive in your mailbox. I hope this will help everyone who's currently freelancing - if

you're an old hand, you already know about the publishers I'm going to describe. If you're new at this, you may not have met them, or you may be persuaded to do what they want you to anyway. Don't be. So let's get on with it, shall we? I wish I could tell you that what follows is not based on personal experience, but all of it is. Names are not

mentioned to save embarassment for the stupid (well, me, actually;).

First: Beware of what I call "Weeping Publisher Syndrome." You've dealt with these publishers before, or you will. They have so many financial problems that yours seem petty in concern, even though the red bills for your phone and electric are sitting right there on your desk. Sometimes you even feel guilty after talking with them. If you can get hold of them at all, that is. They're frequently at a

conference in St. Tropez or New Orleans or Milan when you phone.

But, you see, they had to take out such a huge loan to keep these eight magazines going, and they need good writers, photographers and editors like you to make sure the magazines maintain high quality, but...well, you understand, don't you? And if you can just write 3000-word articles that require a lot of research for $100 US

each until they get back on their feet, it will help them out so much. And if you wouldn't mind...could you edit an article that an absolutely incompetent writer sent them but they have to use? They can only give you $5 per hour to do it (but the other editor just walked out in a hissy fit and they're stranded - you're their only hope!). And you

will get paid. And they will remember you. And the next articles will get you the rate you deserve.

Stop right here. Ask yourself why that editor walked out in a hissy fit. Be honest with yourself even though the publisher has been less than honest with you. Because he or she has been. Okay? Okay.

Never, ever work for these people. You might get that $120 in three or four months - after many, many telephone calls (all at your expense). But if you do, rest assured that you will get more writing and editing assignments at the same rate, and you will go through the same hassles over and over again to get your money. It's like being trapped in one of Samuel Beckett's plays. It's not going to turn around, or if it does, somehow that good fortune will never

trickle down to you. And this is not how good magazine and other publishers work. You know that. Or if you didn't, you know it now. So don't get suckered into it.

If you do wind up doing a brief stint for a weeping publisher, don't give up on getting your check, but never, ever write or edit anything else for them until the check has arrived if it has not arrived within a reasonable time. For that matter, never, ever do anything else for them again at all. They may cry. They may yell at you for not being nice. They will almost certainly start throwing words like "breach of contract" around. Stand your ground. Part of that contract said you would get paid, that you would get paid at a certain rate, and get paid within a reasonable amount of time. They're the ones who are in

breach of contract, not you. Avoid them. And if you do get caught working for them briefly, do everything you can to get your money. Write to the publisher. Write to the managing editor. Write to the accounting department. Twice per week - just do up a simple form letter, save it, address it personally and e-mail it on Mondays and

Thursdays. And tell your other freelancer friends what they've done to you, and tell them that you've told your other freelancer friends (even if you don't have any other freelancer friends, tell the publisher you told anyway, it's important).

This isn't slander or libel. They said they would do something and they didn't. Help your fellow writers out. And publishers desperately do not want a bad name amongst writers. You may think it's not nice to rat on a publisher that way, but you're wrong, and it's worse than not nice for them not to pay you. Telling everyone and letting them

know that you've told everyone (or will do if the check is not forthcoming immediately) is frequently the most effective way to make sure that the check does turn up next week. And the web will help you do that. For example, with the mailing lists and posting boards I participate in for writers and editors, I can get word to 2,500 publishing professionals in a day, and so can you. And they can get

word to their writer and editor pals. That's a lot of clout. Don't just say okay, because it's not okay. Besides, you do not want to develop a reputation as a doormat. And put the time you would have spent doing more work for them to good use and look for clients who will treat you like the professional you are.

You also want to avoid the cousins of the Weeping Publishers. These are "The Harried and Incompetent Publishers." It's harder to say no to these publishers, because their magazines or other publications are often national in scope, and that would look good on your résumé,

wouldn't it? And think of the audience your work will get. And you can't always tell who they are at the beginning, because they seem to be quite up-front and professional when you're negotiating your first contract with them. All publishers are harried, that's the nature of the business, but the harried and incompetent fall into a category of their own. Read on.

These folks are quick to tell you how great you are. It's always nice to hear, and that alone is not a bad thing at all, but...there are signs that give away the harried and incompetent pretty quickly. Harried and incompetent publishers frequently suffer from amnesia. They will write to you often telling you about their problems and asking you to fix them. "We don't have a web site!" they exclaim. You fire up your Internet browser, go over to the site and the web site is there, just like it was yesterday. So you write back - a bit befuddled yourself. Well, they say, their hysteria got the better of them when they were

writing to you, and what they meant to say is that the web site needs to be changed, updated to reflect the times - right now. And if you could take a look at it and maybe even do the work yourself, they would be forever grateful. (Note: I am using the web site as an example - these folks have lots of other problems you'll hear about, too. If it isn't the web site, it's the database, and if it isn't the

database, it's something else. And there's always a bit of rush editing that wants doing. And when that's under control, there will be something else again. Always.)

So being the conscientious freelancer you are, and always wanting to make a good impression on a new client, you do it. Then you send your bill. Then you get a nasty letter. What? I never told you to do this, and I'm not paying you for it. (You did save the e-mail, didn't you?)

Stand your ground. The best thing you can do if you work for the harried and incompetent is to simply be "stupid" about anything outside your contract and not do it at all, but all of us have fallen or will fall into the trap of doing extra work for them once or twice. The harried and incompetent will be quick to say "it's not in your contract" if you persist in getting paid for all your work, but persist you must.

My rule of thumb for making a good impression on a new client if they ask me for more than writing, editing or whatever the original contract was for is to give away two to five hours (depending on the length of the contract) and no more on web site advice or anything else. That will do it. More and you're not making a good impression, you're just letting them know you're a drudge.

The harried and incompetent will also tell you that many people would be thrilled at the opportunity of having your job - at minimum wage, no less. Before you let this intimidate you, take a good look at the hours you've put in - not only on writing and editing, but everything else you have done for this publisher. You will be horrified. If someone else wants to work 100 hours per week and get paid $600 for it, well, that's their problem, not yours. But very, very few writers and editors do.

As with weeping publishers, do not do a whit more work for the harried and incompetent until you get your check. You will have to remind them a few times, and the money may be a month or six weeks late, but if you persist these folks will generally pay up. If you do really want to continue working with them, insist on renegotiating the contract before you do anything else for them. It may work if

they know you mean it - and they will not know you mean it if you work for them while you are waiting for the promised check, or accept something as payment in full that covers about a third of the work you did.

So think about this - do you want to continue with these people, or do you want to spend some time looking for other publishers you can develop a good working relationship with? If you do want to keep them as clients, renegotiate. But during the time you're not working for them, do some work for yourself and look for other clients who will pay you, pay you on time, and pay you for what you do - not just

part of it. Most of us will deal with the harried and incompetent at some point in our careers, but do not deal with them for any longer than you absolutely must.

Never, ever, ever work for a publisher, even an established client, if it involves working for one of their relatives. This may sound a bit strange, but it happens. "My nephew is an aspiring writer, and I'd like you to work with him to get his manuscript into shape for publication." Be gracious. Make up an excuse about how you haven't got the time to take on this project. But don't ever do it.

I say this because I have met this nephew. And he can't write. And he's a spoiled brat. And he'll sulk and he'll pout and eventually he'll go whining to Auntie or Uncle and then he'll fire you for being insensitive to his needs and his "great artistic project." And before he fires you you're going to be reaching for the whiskey bottle or the codeine every time the telephone rings, because this kid will drive you nuts, raise your blood pressure and give you headaches that Excedrin won't put a dent in. Your family may not even recognize you anymore because all you can do is rant incoherently about the job from hell. This nephew doesn't believe that sentences need subjects and verbs. Or maybe they did for run-of-the-mill writers like you, but virtuosos like him can write their own rules. He, unlike anyone else, is working on a masterpiece that will change the course of literature for the next hundred years. Or maybe even forever.

So you're going to have to get paid for the time you did put into it, and probably settle for a substantially reduced amount for services rendered. And unless you can make a very good case with Auntie, Uncle or whomever, you

may lose a major publishing house as a client. Unless this kid's name is James Joyce and the books he's writing is called Finnegan's Wake (and it's not and it isn't) it is not worth it.

There is one exception to the rule when it comes to dealing with "the check is in the mail," because in this instance, you will not hear those words. If you have been working with someone for a long time, you like the publication, you like the people, and the editor or publisher is honest with you, you may know beforehand that the check isn't going to be in the mail because the publication is going bankrupt. If these people have been clients for five years and you've

always gotten on with them, go ahead and write that last article for that last issue and give it to them anyway. They'll always be a good reference, and if they've been good to you, you can afford to be good to them and give that much away. Besides, when that editor finds a job with another publisher, he or she won't forget you. Again, this is a rule for people you've worked with for a long time who've always dealt squarely with you. If it's someone else, especially someone who has been less than honest, forget it.

The best way to make sure that the check is in the mail is to do your homework first. Start making contacts with other freelancers. This used to be difficult, especially for folks who live in small towns, but that's changed with the advent of the Internet. There are mailing lists and boards for on-line journalists, magazine journalists, newspaper

reporters, sports writers, travel writers, fiction writers, freelance editors - you name it, and you will probably find it. If by some chance you don't find it, start it. You aren't the only one who needs it. One of the best places to start looking is at the Egroups site, which has the largest collection of mailing lists devoted to everything that you'll find on the web.

Yahoo Clubs is another great place, and has a lot of very

active boards for freelance writers, journalists and editors. Join some of them. You are not jeopardizing your chances at a job. Realistically, you are not likely going to be in competition with the other writers and editors you meet. What you will do is make friends, exchange marketing strategies, find out who the publishers from hell are (other people's experience is usually a very good guide), find out who the good publishers are, and occasionally get a tip on a gig that might be right down your street. Or be able to pass on that kind of tip to someone else.

Check out publishers as much as you can. A dead giveaway is a web site rife with sentence fragments, no punctuation, woefully misused punctuation and spelling errors. If they can't proofread their own site, you can legitimately wonder about how good they are and how much money they're going to pay you or anyone. You also want to check with their clients if you can. But the web site trick is pretty much no-fail. If it isn't in proper English or whatever language you're writing in, chances are the company is going to be less than terrific. Save yourself the headaches. If the web site is okay, ask around. Someone you've met through one of your e-mail lists or web boards may well know about them. And once in a while it's okay to take a chance.

After all, if you were entirely sensible you never would have gotten into this business in the first place.

Do not work for anyone on a national or international level who offers you less than $40 per hour US minimum, whatever that comes to in your local currency. Working cheap is professional suicide, and publishers who offer low rates are frequently the ones who don't pay at all. Your local community gardening society newsletter is a different matter, but that's a labor of love, not money. Don't get the

two mixed up. You are a professional. You have worked very hard to get good at what you do. Don't ever sell yourself short. Besides, when publishers aren't rivals, they're often pals, and if word gets out that you'll work cheap, that's what you'll get offered - everywhere.

Keep a time log for the work you do. You may be getting paid by the project, but it's your time that ultimately matters. If you can do a fairly lengthy article in an hour or two in a field where you have considerable expertise and someone offers you $150 US for it, go for it, all things being equal (the one caveat here is that this applies more to web writing than it does to print writing). If, on the other hand, someone wants a fairly lengthy article and you're going to need to do 15 hours of research before you even start writing, make sure you adjust your rates accordingly. If for some reason you do lower your rates, lower the value of your work as well. Don't write badly, but do not do an entirely comprehensive article for someone at low rates if you can't get it done in a reasonable amount of time. Explain this to your publishers if you have to.

Read contracts carefully. Don't sign anything until you are absolutely certain of what you are signing. You have an advantage over freelancers in some other fields here, because the law is made up of words, and you deal in words for a living. So look out for anything vague, or any funny business. Ask questions about anything you don't understand and get the answers in writing. Negotiate if the

terms aren't acceptable to you. Unless the contract is for a huge sum of money you probably don't need a lawyer. But if you do need one, call one. It's better to spend $60 now than to get locked into a year of drudgery at slave wages. And for any of your artistic work, keep your copyrights. If you're just banging out a short how-to article for someone and they're paying you $100, go ahead and let them have

the copyright if they want it - if you need to do a similar article for someone else you can always rewrite it easily enough, and you're not giving much away in a situation like that. But for poems, stories, novels and the like, be careful unless you are offered a very, very good deal. In a case like that you might need a lawyer, but the investment you make will be worth it.

If anyone owes you less than $1000 and is reticent about paying up, be persistent, do no more work for them until they pay you, and tell all your other writer and editor pals what's going on. Tell the publisher that you are telling your other writer and editor pals about what's going on. This will usually produce results. And don't do any more work for them! If they are based in your home state, county or province, it may be worth taking them to small claims court, depending on how the law works. In some places, it costs $400 or more to even file a small claims case, in other places it's $25. It may be worth your time. It may not. You're the only one who can decide that.

If anyone owes you more than $1000, threaten to sue them.

If anyone owes you more than $3000, sue them for real. In any case where someone owes you more than $500 and is refusing to pay, it is not a bad idea to have a solicitor send a letter to them, it will usually produce results. Nobody wants to go to court. The only time you shouldn't do this is when the publisher is in receivership or bankruptcy. You may not get paid,but you can file a claim. Chances are it will take years to settle, and it will be for

pennies on the dollar if you do get paid at all. Usually, bankruptcy claims aren't too expensive to file and you can do them yourself, so unless they are expensive where you live, do it. Better still, when the paychecks start coming later and later and no explanation is forthcoming, stop working for that publisher. Impending bankruptcy is frequently the reason.

Remember, you're a professional, just like lawyers, doctors and teachers are. They don't work for nothing. Writers and editors tend to sell themselves short, and that's the biggest mistake we can make. It takes a lot of work and a lot of skill to do our jobs properly. Don't ever sell yourself short. Only a blockhead would let their boss get

away without paying them, and you're a lot smarter than that!