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Molly wrote to pick my brain:
"I have a client I really enjoy working with. Unfortunately, she sometimes pays late. It’s getting to be more often, too. Whenever she has to pay late, it’s because either she didn’t bill her clients on time so her money didn’t arrive soon enough to use it to pay me, or her clients are late paying her and she doesn’t have it to pay me on time. Usually, it’s the second scenario.
In my agreement with her, I say that work will stop when an invoice is five days late.
She’s ok with stopping.
I feel like something’s wrong with this scenario, but I can’t put it into words, much less figure out how to talk with her about it.
Any light you can shed on this would be wonderful"
There are a couple of things going on that I can see. Maybe other readers will have other ideas—if you do, please be sure to share with us in comments!
1. You put the clause in your agreement about stopping work when invoices are late to protect yourself from being screwed. Smart, that. But what you didn’t think about was the client who wouldn’t mind stopping and picking up again when she’s able to pay. What you meant to do was create a disincentive. What your client sees is a way to keep her place in your practice even as she’s not honoring the agreement to pay you on time. She really shouldn’t be able to have both.
To shift this, consider changing your standard to include a consequence to stop this from happening. For instance, it might be that if you have to stop working for non-timely payment more than twice in a six-month period, you’ll stop working with the client all together.
You're not hard-hearted. Everyone can run into a snag. But....
2. You’re not a bank. Working but not being paid on time is tantamount to floating the client a loan. You can’t really afford to do that.
You want to work with clients who can easily afford your fee and who can reliably pay you each month. On time. Clients who are living as hand-to-mouth as your client seems to be can’t do that. And, in the general hierarchy of life, you will always be one of the last to be paid with whatever the available funds are. First will be her shelter, then food, then any services to keep life and work going that she can’t do without, and somewhere below that is you. I do realize that problems flow from one person to the next, but they don't have to flow to you. It's your choice to not allow this on a regular basis.
To shift this, consider creating a standard that says that you only work with clients who can easily afford your fee. They exist--I know because I am one and I know plenty of others.
To discern who can and cannot pay you reliably, you’ll need to have a fairly direct conversation with anyone you interview. You might consider saying that you need to know that you’ll be paid on time, and want the client to understand that your being paid cannot depend on her being paid. Ask what kind of cushion the client has to maintain cash flow or deal with tight money situations that will prevent paying you late. Then only work with clients who answer the question to your satisfaction.
With regard to this client, you might just say the truth: “I really enjoy working with you, and I can’t afford to be paid late any more. My invoice needs to be paid whether or not your invoices are paid. What other arrangements can you make so that this doesn’t happen again?”
Then only continue to work with her if her answer is satisfactory to you. Otherwise, let her go and create room for someone new who can afford to work with you and will pay you on time.
Good luck, Molly!























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