Stay or Go--Two Options For a Client Who Wants a "Break."

Another fine Pick Anastacia’s Brain question! This one is from Lisa, who wrote:

"Last year, I had a client take a one-month sabbatical away from her business so she could participate in a work-study program and try to figure out what direction she’d like to take her business. For the time that she was away, we suspended her retainer since I also took a two-week vacation during that time. When she returned, she told me she could only afford to do a 5-hour retainer with me (rather than the 10-hour retainer she had been doing before her break, and had agreed to by signing my contract). I told her I only do 10-hour retainers, so we parted ways in October.

This experience led me to think about adding some language to my New Client Orientation about a break in service. Below is a clunky draft of said language:

Break in Service

Occasionally, circumstances may arise that require you to take extended time away from your business. If you foresee an interruption in our retainer arrangement, it is your obligation to notify me at least one month in advance of your anticipated leave. A break in service of longer than one month will terminate our current agreement. If, upon your return, you decide that you’d like to continue working with me, it will be at my discretion to admit you back into my practice – dependent on whether I’m accepting new clients at the time of your return. If I do bring you back, we will need to negotiate a new retainer agreement at that time.

I would welcome your sage advice and input about how best to word what I’m trying to say."

Giving my usual disclaimer about no rights/wrongs, or VA cops who will clunk you on the head for doing it “wrong,” here’s what I think.

Part of the reason she has you on retainer is to guarantee that you’ll have a certain amount of time available for her in your practice. If she takes a break of any duration, she fundamentally ends your agreement.

I think a client who wants to take a break (even for a month, and even if you’re going to be on vacation) should be given two choices:

1. Continue to pay you to hold the space in your practice

2. End the relationship with you

The point is, the client cannot walk away from your practice, not pay, and expect that you’re not going to fill that empty space with another client, sitting idly by, earning less income than you want/need, in order to hold a space for her. That’s crazy.

The language I suggest would go like this, “I completely understand, Joan, and you know I want what’s best for you. As far as our working relationship, though, taking a month off isn’t an option. If you’d like to make sure that there’s a space in my practice for you when you’re ready to resume, you’ll need to continue to pay my retainer. If not, then we’ll end our work together now. If/when you’re ready to resume, we can explore possibilities that may exist—depending on whether I have space to add an additional client at that time. Which would you prefer?”

If she continues to pay your retainer, great. If she doesn’t care to do that, let her go, and move on. Do not leave the space open for her—even for a month. That’s like sitting around waiting for a boyfriend to come back after he’s said he “wants to take a break.” Don’t go there, girl. Not to mention that you learned another valuable lesson that many girls waiting for boys learn: they don't always come back, and if they do, it's just not the same as before they left.  So I'm all for giving them a chance to choose to stay... or letting them really go. :)

A client who takes a break loses the space in your practice. Period. And you, then, go find another. If/when the client comes back, you can decide whether to engage her in a conversation about working together again—based on whether you have space, and want to work with her.

If you would rather go in your original direction, consider going only with this part of it:

Occasionally, circumstances may arise that require you to take extended time away from your business. If you foresee an interruption in our retainer arrangement, it is your obligation to notify me at least one month in advance of your anticipated leave. A break in service of longer than one month will terminate our current agreement.

Leave out this part: If, upon your return, you decide that you’d like to continue working with me, it will be at my discretion to admit you back into my practice – dependent on whether I’m accepting new clients at the time of your return. If I do bring you back, we will need to negotiate a new retainer agreement at that time.

In my view, it’s not especially gracious, and it’s not something the client will ever remember if she decides to try to come back to you—so saying it at the beginning is somewhat pointless.

Plus—it’s always at your discretion, anyway. You don’t need to say that. Your biz—your discretion about who to work with. Heck, it’s even at your discretion about whether to TALK to someone about working together again!

The other change I suggest is to this: “…it is your obligation to notify me at least one month in advance…” Leave that out. It just makes a reader want to say, “Or what?” I mean, what would you do if the client doesn’t give that notice? “Force” her to pay you? How?

It’s language with no real body under it because, as a practical matter, you’re unlikely to sue her for it to “force” her.

Instead, make a request, and hope for the best: “If you foresee an interruption in our retainer arrangement, I’d appreciate as much notice as possible.”

It’s more gracious, and it also, without saying it plainly, indicates that you know you can’t force her to do anything she’s unwilling to do. There’s a surrender… a zen-like quality… to asking for what you want and detaching from the actual outcome.

I hope this helps, Lisa… I look forward to hearing back from you after you read it!

As for you, dear friends, what would you do if a client wanted to take a break from your practice? Would you hold the space or fill it?

Comments

[David Goldsmith]

In our practice we support great standards and legal agreements that are practical. Anastacia's advice her is smart, practical and well thought out. Particularly like the part about not waiting for the boy to show up!

The language is gracious, clear and consistent with how people and life work!

Great piece!!!!

[Anastacia]

Thanks, David! Nice to see you here in comments!

A

[Phyllis C]

Like anything else, depends on the circumstances...I had a client who was very clear about the fact that she was taking a break to redesign her business. She'd shared her goals and her expected outcomes. When it got down to it, with her cash flow severely restricted, she asked about taking a break--I countered with a reduced retainer, which she happily accepted.

Over the two months she was "gone", I ended up working roughly 2 hours less than what her normal retainer would have been--the difference, she paid me after the fact rather than up front.

She and her business have come back stronger than ever and our relationship is strong--my comment to her at the time was that I'd never attempt to hold *any* client hostage. We both had to make decisions that were right for our businesses at that time. We did, and it worked. She told me my actions piled up mountains of good karma--and I feel it every time I send out that retainer invoice.

[Anastacia]

Hi, Phyllis!

Thanks for stopping by and sharing your experience. What depends, exactly?

A