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So, I got an email the other day from a reader in the Northeast whose note underscored an issue we commercial freelancers wrestle with all the time. While this particular case seems a bit more straightforward (see my reply below), variations on this scenario can present challenges to writers like us. As a result, I’d love to hear others’ strategies on this. She wrote:

It seems that, where I live anyway, people have no problem meeting with me, picking my brain for marketing ideas, and then not offering a paid writing job. Happens all the time. I’m starting to think it’s my fault.

In the case below, I competed for a full-time job with the company. Though I didn’t get the job, my contact called to say she’d like to stay in touch, as she wants to work with me in the future. Since then I have maintained a positive attitude and stayed in touch thinking that I could turn her into a paying commercial writing client.

This morning a message came in from her: “Would you be around to meet with me and a few other staff members (including the person who landed the job I competed for) on (X) date/time? We don’t have any projects ready to go at this point, but I’d like to toss around some ideas for down the line. That would include some help on things like _____ (i.e., a short list of writing projects).”

Should I go, and with the same positive attitude that they’ll become a paying client?

My response:

Given that these particular folks haven’t made a habit of doing this (i.e., calling you in to talk but not hire you), I’d go ahead and meet just to get in front of them. AND limit it to an hour, tops. AND not give them all sorts of ideas they could run with without having to hire you. Nothing wrong with giving them an idea or two that demonstrate you know what you’re doing as a copywriter, showcase your range of capabilities and underscore the value of working with you. That’s often what it takes for a prospects to quantify you as a resource and start developing a comfort level with you.

It’s a fine line, no question. But, as I see it, if someone wants to pick your brains for ideas that would be worthy of a consultation fee, then you don’t want to give it away for free. An example of where it can make sense to meet (without pay) is if you’ve taken a look at their business and seen possibilities for several writing initiatives (involving you doing the writing) that could move their business forward (i.e., a newsletter, direct mail campaign, case studies, white papers, etc).

Still no guarantee that you’ll get hired, but to a certain extent, it’s often the nature of the beast that you have to show your value before you get hired. And in the above case, giving them ideas of possible projects still means they have to do them, so the idea itself is only worth so much. Not sure whether your frequent experiences of this kind (prospects happy to milk you but not willing to hire you) points to the “nature of the beast” scenarios we ALL face, or whether there’s something else at play here.

One thing I might suggest asking and clarifying before meeting, in a casual, “in-passing” kind of way, is what sort of in-house resources they have to handle projects like these. As a way, of course, of determining if they could indeed just take your ideas and execute them on their own. Any whiff of that and you should be careful…

What advice would you give her?

What’s your policy? Where do you draw the line when it comes to initial (unpaid) meetings?

What red flags have you come to recognize as signs of a “Moocher”?

Have you come up with any sort of standard response to similar requests?

A little intellectual gymnastics – with possible real-world application to the commercial freelancing business….

So, I was clicking through a few links I found on a writer friend’s web site the other day, and came across this guy, Simon Sinek (pronounced, unfortunately, “cynic,” though he’s anything but that…), whose site is “Start With Why.”

Very provocative stuff, methinks. Check out the video on the home page of Simon speaking (next to the words, “The Golden Circle”). It’s 18 minutes and change, but well worth it for the mind-buzz factor…

Simon’s philosophy can be summed up in this statement on his site:

All organizations and careers function on 3 levels. What you do, How you do it and Why you do it. The problem is, most don’t even know that Why exists.

True enough. And when you have a powerful “Why,” it drives the “How” (the actions taken to realize the “Why”), which in turn, yields the “What” (the tangible end results). Along around minute 11 of the video, he says the following (aggregated from several places in the video):

People don’t buy from you because you have what they want; they buy from you because they believe what you believe. People don’t buy what you do; they buy why you do it. And if you talk about what you believe, you’ll attract those who believe what you believe.

I like it. He cites Apple as a company with a core belief in innovation and being first, and predictably, appealing to similar “firsters” (i.e., the people who stood in line for hours to buy the first iPhones at $600 a pop – with bugs and all).

Now, this stuff goes beyond features and benefits. Though, let’s be clear. If you run your copywriting business focusing on benefits (i.e., those things that matter to your clients), NOT features (i.e., those things about you and your business), that’ll generally be enough to set yourself apart from most of the pack.

But, he’s going deeper here. Now, I’m not saying this is The New Answer for the commercial writing field. Rather, that there simply may be some cheese down this tunnel for folks like us. So, how is his philosophy relevant to us? Well, mapping it on to what we do…

Clients don’t buy what we do (i.e., writing services); they buy why we do it (i.e., ________??).

What might be that compelling “Why” for us to share with our clients and prospects? Sure, we could all have ones specific to our businesses, but nothing wrong with a little brainstorming. So, what would be a powerful belief on our part that would draw to us those who share that belief and do business with us as a result?

Would it be, “I believe in the power of words to dramatically influence buyer action”? Too superficial?

Maybe, “Writing has changed history, so it can certainly change minds.” Closer, but perhaps a bit obtuse?

How about, “Speak honestly and the world will listen to you.” Better, though a bit lofty. Thoughts?

Could this strategy be a way for commercial writers to set themselves apart from the pack?

Do you have such a core belief for your business?

If so, how do you share it? Is it outlined on your site? In marketing materials? Shared in meetings?

If not, what core belief or “Why” could you come up with for your business? Or for commercial writing businesses in general?

Got an interesting note from a commercial freelancer recently:

Recently (and perhaps because of the recession) I’ve been asked to sign non-compete agreements from agencies I work with. The first time I was asked, I said no—and lost the account. Now I’m being asked again, and it happens to be a fairly substantial client.

I have no problem signing a confidentiality agreement, but this non-compete states:

For two years after the date your relationship with (agency) ends, you may not solicit any contractor, independent contractor, or agent of (agency) to work for you or on behalf of any competing business; or solicit any client or customer of (agency) to purchase from you any product or service which competes with any product or service provided by (agency).

My client is obviously paranoid; I think he has been burned in the past. While my town is a reasonably major metro, we only have a handful of large household-name corporations. Essentially, if his clients are one or more of those big companies, then I wouldn’t be able to do any copywriting business with any department in those firms – even those the agency isn’t directly working with.

Some of these companies probably use six different agencies in town. If I sign this agreement, and get a call from one of those other agencies (quite possible), I’d have to turn down that work. Or, if one of the companies themselves wanted to hire me to write, say, internal communications (work outside the agency’s scope), I’d have to turn that down as well. Help!

PB: Maybe I’ve been lucky in my commercial writing career, but I’ve never been asked to sign anything so draconian as this, so in my experience, it’s not at all common. Non-competes are typically used for employees who leave a company and, understandably, that company is a bit hesitant to have them go to work for a competitor for at least a few years. But to require a contractor to not solicit work from their clients or even competing agencies that might work for those clients, for two years? That’s downright preposterous.

Now, I have encountered the wrath of a copywriting client who thought I was going around them to solicit work directly from the client – a BIG no-no, and I get that (talk about paranoid; they saw me swapping cards with an account exec from the client, and made the totally wild leap that I was soliciting work directly from them).

So, this is similar but exponentially more far-reaching, and in a much more locked-down form. I wouldn’t sign it unless you’re okay with being shut out from doing any commercial freelancing jobs for any of these other companies, which I kinda doubt you are. My first instinct is to tell them to go jump in the lake. After all, according to this agreement, you do one $250 job for them, after which they drop you, and you’re shut out from all this potential work for two years. That’s laughable.

But, there’s definitely something else going on here, and a little digging ought to unearth it. You need to craft some sort of win-win. Ferret out their real concern and get to some middle ground. In addition to the quite conceivable inanity of the “one-$250-job” scenario described above, explain that each of their clients might have dozens of people/departments who could potentially hire you, and to do work THEY (the agency) had zero interest in (like collateral, internal communications, etc).

As such, how fair is that they put this blanket rule on ALL business? That’s heavy-handed, greedy, and not at all acting in good faith (just an editorial aside; I probably wouldn’t say that to them, but then again, I just might…).

Why not say you’ll get permission from them before taking on any other work from any division of any of their clients? Or, as a last resort (and not a habit you should get in), if you really want to work with them, and feel the upside potential with them is great (a gamble, obviously), why not offer, say, a 10% “royalty” on any work gotten from within that company?

Assuming their main concern is that you might poach work from them that would be up their alley, if they KNOW they won’t be interested in X kind of work, under the royalty situation, they might actually be motivated to get you in those doors so they make their piece. Not an ideal situation, and if they don’t agree to either of those, I’d absolutely walk.

By the way, I got an update from the freelancer recently:

“My client has agreed to let me propose some changes to that part of the agreement. I have done that, and now I’m waiting for his reply. He is clearly fearful that I am going to solicit his clients, which I think is the result of some past experience he had that is totally unrelated to me. However, I think there is generally a growing paranoia as competition has escalated in the days since the recession hit. I’ll email you with a full update as soon as this is resolved.”

Have you ever run into this situation before?

How did you handle it?

What would you suggest she do?

If crazy-restrictive agreements like these are indeed becoming more common, why do you think that’s the case?