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~ serial CEOs & CTOs in software, Internet, technology & digital media
~ experienced consultants in all fields to maximize their practices

The loneliness of the CEO & a way to find a solution

Even with your founding team, you are often isolated in your role of CEO. Yes, it is the time you’ve always longed for, and you are excited and grateful for the opportunity to take your best shot at a new venture (your first or your next). And you are moved by the loyalty of your team, and the risks they are willing to take to share in this vision.

But still, in the middle of the night, or the middle of a meeting, there is that feeling that you are so alone, and that need to share your questions, and even your worries, with someone who is watching out for you first, with an eye to the success of the Company you are building. You want someone who is not dependent upon you, who will tell you the truth when you don’t want to hear it, who is not afraid of being fired, and who (from deep experience) can see the larger picture of the success of your Company in your industry. Someone devoted to your success as a CEO.

Who is this person? It is not your employee, who is dependent upon you for his or her success (and paycheck). It is not one of your early founding team, who is working for minimal salary but does not control the destiny of the company by his or her vesting shares. It is not your life-partner who may be dependent on or protected by your income, and who is sharing the risk with you.

Of course you can share a lot with your life partner and your co-founders, and life is easier when you can. But they have, rightfully so, their own agenda and visions. And not one of them sits in your chair, needing to make your decisions, and taking your risks.

If you are like most entrepreneurs, your role as CEO has involved your taking the greater risk than the others: more personal capital at the outset, more lost opportunity and time spent on the “hidden year” getting started and not getting paid, and the responsibility for changing or refining the direction of the Company from your earlier visions.

And the farther along the Company grows in its success, strangely, the more remote you can become in your connection with the team.

More success can often mean more risk, and different risks, and longer times of risk. Just when you would think that new successes would solve the stress you are carrying, all that happens is that the stress changes — for you, and for the team, often in different directions. The team becomes more focused on implementing their departmental roles, and your role as CEO becomes more outward-looking – to your Board, to your investors, and to the marketplace and capital markets that need a spokesperson and visionary.

You find you cannot share everything you know with your team as you did in the early days. Everyone seems to want something different from you – more time, more attention, and more budget — more of your bandwidth that is always under pressure.

So, who is looking out for you? Who is showing you how to allocate your bandwidth, who is listening to what you need — with no agenda but to make you the best CEO you can be, and this venture your next success? Who is helping you keep your perspective, and your focus on the primary goals, and validating or questioning your priorities? Who is offering you the tricks and tool of the CEO trade?

There are lots of consultants in the world. The trouble is finding the one who really fits with what you need. What to do? Start here:

  • Ask your advisors and industry colleagues for referrals (but not your investors or Board members – you want your own person).
  • Make certain the consultant has long and deep expertise in your industry.
  • Check the consultant’s background, website, social media, and testimonials.
  • Have a long first meeting, or two meetings (a 2nd meeting after you have checked the references).
  • Talk about colleagues you have in common, and the challenges they have faced.
  • Ask for success stories and failure stories.
  • Listen thoroughly.
  • Ask for references, and check every one, asking all the specific questions you might worry about (say, trust in confidentiality, availability of time, response in emergencies, loyalty, commitment, and weaknesses).
  • Have a 2nd meeting, asking the candidate all these questions directly that you have learned from the reference check.
  • If proceeding with a contract, set up a paid trial period of 30-60 days, during which either of you can walk away with no fault. If paying in both cash and stock, delay the stock vesting date until after the trial period.
  • If your consultant isn’t comfortable with this, look further.

I once told one of my best clients, “If you are not thrilled to speak with your consultant, or you don’t feel free to call her about anything that is concerning you, get another consultant.”

Having fulfilled this role with technology CEOs for more than 20 years, I have found this procedure to be the most fair for all the parties involved. And my best clients have always been the ones who understood that this advice and support was missing in the mix of their early stage efforts.

You want a deduction for what? World’s strangest tax laws.

Chinese taxes on mooncake pastries, Ireland’s exemption for artists, Sweden’s crackdown on webcam strippers, and an attempted U.S. deduction for professional training in witchcraft….a wonderful laugh.   

Approaching tax day, we need a light-hearted moment or two, and Public Radio International (PRI) offered one today (April 6th 2010).  Here is the link to the podcast of anchor Marco Werman’s brief interview with John Keating of Foreign Policy Magazine:

 http://www.theworld.org/2010/04/06/tax-laws-around-the-world

10 Questions to ask when deciding on risk

I’ve been watching my clients CEOs, their teams, and prospective CEOs make difficult decisions during the past couple of years, in these unfavorable economic times. Knowing most or all of the perspectives of the players (since everyone seems to tell me everything), I started an evolving list of questions to ask myself when deciding on important choices, like when to start something, or when to stop something, or when to take a risk, or how much of what to believe.

So here is the list I’ve been evolving:
1. What do I really want at this point in time re: this opportunity?
2. What am I willing to risk to have it?
3. How long can I sustain that risk?
4. If I cannot sustain the risk (say, twice as long as I would expect to), will I have taken all the risk for nothing? What would be my “lost opportunity” costs?
5. What other opportunities do I have, or might I have, if I did not move forward with this? Can I sustain the stress of “not knowing” about what may show up if I do not move forward on the opportunity at hand?
6. What do I really know about this? Who said it?
7. Do I trust who said it? Is this person in a position to actually know about this opportunity and its risks? Does he or she have an agenda (obvious or hidden) that has nothing to do with me?
8. Am I hearing facts (i.e., that can be verified?) or interpretations, or wishes & dreams & delusions? How can I investigate this?
9. Who else can I ask about this, who might have enough experience to guide my choice, and tell me what I have forgotten to consider?
10. What is the worst that can happen? Can I survive that consequence and continue on or start again, if the worst arrives?

Please send other questions you might ask yourself, to open a conversation about this.
And good luck.

4 distribution channel deals for SaaS and DaaS products

Software as a Service (SaaS) and Data as a Service (DaaS) companies find themselves in need of various kinds of distribution partners to provide their product (or package of technology services) to a wide range of customers that cannot be reached directly. My work with these companies has brought back my earlier days of creating new distribution models and channels for emerging technologies. So here is a topline overview of distribution partnerships for our times.

Referrals: these partners create a “warm” introduction for your SaaS or DaaS offering and pass back the responsibility to your sales team to open, close and support the sales. Like an outside sales representative or a lead generation consultant, your referral partner is paid a commission (generally between 3% to 10%) for this referral, after the sale is closed, with a cap on the commission. The cap is either by duration (12 months of revenue, say) or by maximum dollar amount. Sometimes a small retainer is paid in addition to the back-end commission, structured as an advance against commissions, or not (as a non-recoupable advance or retainer fee).

Resellers and Value Added Resellers (VARs): these partners sell your product to their customer base, either on its own or in conjunction with their own products. Your product is not technically altered or integrated with the Reseller/VAR’s product, but may enhance the value of the Resellers’ solution to their customers. When your product is combined as a promotional value (special pricing when buying both products), the practice is called “bundling” and does not indicate any technology connection. VARs and Resellers provide the first line of support to their customers.

Payment happens in two ways. The Resellers/VARs buy your product at a 40-60% discount off your list price, and then price it to meet their market demands. Or, as there are no physical goods to keep in inventory with SaaS and DaaS products, you set a fixed price per installation, or a percentage split of revenue shared with the VARs (you would get between 40-60% of the revenue), and you would get paid at the time of installation (not when the VARs get paid).

White Label partners: These partners take your technology, eliminate your brand identity, label it with their own brand, and resell your product as their own, in conjunction with their other offerings, or on its own. Again, there is no technology alteration to your product. White Label partners pay more than VARs because they are removing your brand in these “white” or “private” label deals. This higher revenue to you is charged either in higher fixed price fees or higher revenue shares (when paid like VARs), or in an additional “labeling” flat fee set on top of the commission for each sale. All customer and technical support falls to these partners.

OEMs: These partners want to integrate your product with their product offerings to expand their solutions to their customers. (OEM stands for “Original Equipment Manufacturers” and goes back to hardware companies – -IBM and DEC — in the early 1960s). The integration requires some technology demand from your side. This technical integration may be as simple as providing “hooks” into the OEM partner’s offerings, or may require the building of new functionality of your product to work with the partners’ products. Customer and technical support is the OEM’s responsibility. You are responsible to the OEM (as your customer) to support the technology you have built for them.

Payments on OEM deals go beyond back-end commissions or revenue sharing. These deals include either consulting fees for the integration work if it is simple, or licensing fees if you have built a new functionality to make the products work together. The licensing to the new functionality may be exclusive to the OEM partner (for much higher fees), or exclusive in a single vertical market targeted by the OEM partner.

Or you may be paid consulting fees to create the new functionality as a “work for hire.” If the OEM wants exclusive rights to the new functionality, you will not be permitted to use it in your own company, as the OEM partner owns the intellectual property in a work-for-hire deal. In some cases, the OEM partner might agree to license the new functionality back to you for sale restricted to your own marketplace, if you sell into a non-competing market or vertical.

In any case, the OEM licensing fees to your core product are set and that license of your product to the OEM is non-exclusive. So the deal may include: your licensing fees of your core product, your licensing fees for the new functionality (or payment for developing it), plus whatever back end revenue share or fixed fee is placed on each combined product sold.

Of course you need a technology attorney well versed in these kinds of distribution contracts, often referred to as channel sales or indirect sales. But for your planning purposes and initial conversations with interested partners, this outline can guide you to a preliminary deal that can be finalized by your attorney.

The entrepreneur’s larger vision and its mosaic

I am often approached by entrepreneurs who want me to consult with them on their large visions of change that their skills and (to be developed) technologies can create. This is the spirit of entrepreneuring in its most original, and often lovely, form.

Still, the bond of reality must come to bear at some point, and I am often the bearer of that bond. So, I want to share here the initial questions we would address in the first couple of days of meetings together.

What life do you want? This means your life, your lifestyle, your financial condition, your partnering with someone in the business and/or at home, and so on. This is not a question about the business or vision you want to build. The venture should be built to support the life you want, or you will not sustain its long-term development.

What financial condition and life stage are you in? How much capital do you have to live on in your usual manner, to send the kids to college, to retire on, to be safe with? How much capital do you have to commit, (that is, to risk and possibly lose) to this new venture? How much reliable access do you have to outside capital in any form – friends and family, grants, angels, venture capitalists, debt collateral, and so on.

If the above answers lead you to build a venture, how should you begin so as to create a viable pathway to your larger vision? How many years ahead of the market (and its acceptance) is your vision? What part do you build first? How does the first part you build create the credibility and funding for the next part? What corporate structure is best suited to such a venture and its capitalization and effective outreach? What strategic alliances and capital might be available? And so on. This is a kind of venture roadmap which addresses capabilities, time to build, capital to build, time to market, time to ROI, and other issues. It informs and is informed by the issues of lifestyle and financial conditions already noted.

I try not to talk my clients out of their visions and dreams, although that does happen sometimes, and they are grateful for it. One told me, “That’s the best consulting money I ever spent – I could have risked everything without knowing those elements that will doom this idea.”

This kind of early risk-assessment of a new venture leads the entrepreneur to build what can be built as the stepping stone to building the larger vision. I told a client once, “This is a marvelous, large and needed vision. It is 10 years ahead of its time, needs $30M – $50M to just launch, and requires you to change the behavior of three major industries. You have just short of $1M in capital. So, take this vision, and come back to me with a single mosaic of that larger picture, a mosaic that would be critical to the first steps toward the vision, something we can build on the capital we have. And we will build that.” (and we did).

Often those with such large visions are first time entrepreneurs. Serial entrepreneurs know more clearly what it takes to build even a small idea. I point out that the mosaic will be the first business we build together, and then there can be another and another, and the entrepreneur will learn more about a company-building with each venture, while creating the larger vision step by step.

I also use this risk-assessment with established ventures that need to re-position their target markets, their international expansion, their response to new competition, or their new pricing configurations. And with my clients when they have exercised a successful exit and have new wealth, but still want to build the next new thing. The lifestyle issues are included only if the client has changed his or her life stage, wealth status or needs. My clients and I also use this risk-assessment during downturns to find their adjacent markets and new models for sustainable profitability.

I always think it is wise to stop for a couple of days and ask all the questions that should be asked, before venturing into new territories.

The dedication of the entrepreneur

I always hear about the passion of the entrepreneur, and the dedication of the small business owner.  I am used to working alongside my CEO clients with long hours, late nights and an impassioned focus on the vision of the company.

But every once in a while, I am caught off guard by seeing this dedication in action when I’m not looking for it.

I was on a weekend holiday with my husband, hanging out in Monterey following a friend’s wedding in Big Sur.  We stopped in for supper at an authentic English pub.  It was the night of the Big Game (don’t ask me which Big Game) – and there was standing room only in both the bar and the adjoining dining room.  The hostess was an elegant small woman in a simple black dress, and she might have been the manager, as she was directing all this traffic and people, keeping a real smile on her face, and assuring us she would find us a seat.  We assured her the pub seats were fine, no need to wait on a place in the dining room to clear.  Of course, there were no seats in either, and folks three-deep standing at the bar cheering and booing.

We chatted with the locals a short while, when the hostess appeared, ducking under the arm of a couple of very tall men roaring their support for the home team.  She had found us a small table in the bar, and escorted us to it.  She was bubbly and friendly and I remember thinking she was an excellent choice as hostess, and how much her manager or boss must appreciate her.

After a hearty supper of Cottage Pie and a half pint of Taunton’s finest cider, while my husband was paying the barman, I slipped through the crowd (Big Game still ongoing) and found this excellent hostess, with a fiver in my hand.  I believe in tipping for excellent service, and she had provided it.

“I must say what excellent work you do,” I said, offering her the cash.

She laughed and said she couldn’t take it.  “Thank you so much,” she continued, “but I am the owner.”  And she beamed.  And I beamed. 

 

Entrepreneuring in a recession: warnings about risk & lost opportunity costs, and suggestions for success

Recently I have been meeting with various folks, weary of the lull in their current business or lack of work, who want advice on starting a new business as an alternative to continuing their current path (making their current business succeed or finding a job or consulting gig).

I can understand their emotional state:   they are bright and restless and need to engage their skills and to experience the feedback and stimulation and identity of working in the world.  They despair of economic recovery.  They are young and want to take their shot, or middle-aged and want to do something to control or enhance their savings or retirement fund.  In most cases they have enough personal savings or 401Ks to get through a year or so without salary, but after that year, there will be nothing.  So they want to take an action and not remain passive.

I admire their spirit.  I want to support their vision and their courage.  And I want to warn them, and you, about the realities and timing of successful ventures.

Here is what has alarmed me:  these first-time or next-time entrepreneurs are suggesting that they build software companies (Internet or SasS or database/metrics or social media) involving product development, when they have never built a technology product before.  They are not techies.  They have their savings to live on but no capital to pay a team or consultants, or to launch and market, or to search for investment.  They seem to think that building the software gets them a business, without understanding all the steps necessary to capitalize, launch, market and sustain a business over several years before there is any return on their risk.

And they do not think about “lost opportunity” costs.  It takes many years to create a return on your risk of starting a business.  There is the “hidden year” of planning, sometimes 2 hidden years of planning, assembling a team and writing a plan or a pitch.  Then a year minimum to build the initial product and search for capital.  Then, if successful, you can spend another year to close the capital, launch and  achieve market traction.  At this point, your company is still an early stage business with no return of wealth creation, and we are 3-4 years into the venture.  Next, market share must be attained, then defended against competitors, some of  them young, lean upstarts with disruptive new technologies (like you were 4 years earlier).

At this point, say 5 years in, having sustained all this, your company begins to have a valuation that can create a significant return on your risk and a possibility for exit and wealth for you, if you have not lost your control or ownership of the company to your early-stage or savior-stage investors.  So, if we assume 6 years from concept to wealth creation, given you were smart and savvy and the industry market timing and the capital markets cooperated with your vision, you may have a way to cash out.

Look at all those “hot new companies” that are your inspiration — look for their hidden years, look for their changes in their business models if they were too early to market, look at what ownership the founders have now.  The story of risks and rewards are in the details.

I am not citing here the statistics on how many start ups fail (surely you know this).  I am showing here how long you take this risk before knowing that it will bring you the reward you want.  How old are you now, 6 years later?  What have you risked?  Your savings,  your mortgage, your retirement fund?  Your career path?  Your family – current or future?   The accumulation of salary or consulting fees and the filling up of your 401K?  Can you re-enter the job market now if you need to, older, with a long gap in your resume?

Let me suggest more simple alternatives.  If you have a business, make it work by targeting immediately adjacent markets for your products or services, expanding your vision of how you can build on its success despite this economic lull, or how you can transfer its offerings to new territories, or new customers with minor changes in product application, service packaging or pricing models.  Effort in this direction will take far less than 6 years and all your savings to achieve, and you may find a new energy and enthusiasm for your work in these new explorations.

If you do not have a business, then take your skills and build a simple and cost effective service business, with minimal overhead, aggressive networking and a calling in of favors, to extend your expertise into the world as an independent consultant or advisor.  Be creative with pricing, pro-bono work, building your track record, using your social media.  Keep your costs and risks to a minimum, and keep your energy high.

No one knows what recovery from this economic downturn will look like, when it might appear, and most importantly, when that recovery will actually have an effect on you.  Economists disagree.  Uncle Harvey doesn’t know.  Your banker/broker has only an opinion.  This  is my 5th economic downturn (between technology sector downturns and general economic ones), and the  strategies for surviving these times can be summarized:

  • Minimize costs and risks.
  • Get creative using your existing business or personal expertise to move to immediately adjacent markets or territories.
  • Be flexible and creative about pricing to suit market conditions, while still being paid for your value.
  • Keep your energy, health and spirits high for the duration.
  • Do not take new long-term risks until your capital and market conditions allow.
  • When you can, save your money as a buffer against the next downturn.

Economic downturns are a pattern of life and business.  In my full support of the entrepreneur, I want to see new, successful companies built with as many supportive factors in play as possible.  Even in a downturn, a business can be built or built anew with the best strategies.

See Spot Run: Effective pitching: simple value, simple differentiation, simple language

You are standing over the brownies and strawberries at some networking function, and a likely candidate for interest in buying your product or investing in your company looks across the chocolate chip cookies, smiles, and says, “I’m Ron, CEO of Everything.com. What do you do?”

So, you get one sentence to state your unique value proposition and your first-level differentiation. In simple language. And I mean simple – See Spot Run. See Jane watch Spot. That kind of language. No jargon. No tech-speak. Say it like you would explain it to your sister’s cousin’s grandmother. So you say:

“I’m John, CEO of Startup.com. We make (widgets) that let our customers (replace with your specific target customers) improve their (insert the value of using your widget or service) because our widget (state your differentiation from your competitors – technology, pricing, etc.).

Watch the structure. “I’m John, CEO of PhoneCoupons.com. We provide internet supermarket coupons that let shoppers find our 10% better-discount coupons on their smart phone in real time while shopping and use them at the checkout – no research, no clipping, no forgetting.”

Notice no tech speak. Grandma could get it if she understands how smart phones work.

Ron says, “Interesting. Tell me more.”

This is your chance to extend your value proposition and dig more deeply into your differentiation and success. You say:

“PhoneCoupons.com is in partnership with 70% of the major product brands and 80% of the regional supermarket chains, our technology is in use today, and sales are growing at 40% per month. We take a 2% fee from the product brands for each transaction, and will be profitable within the year. We are looking for strategic partners and capital investors for our growth phase.”

Ron says, “Can you send me some information on this to share with my Board?”

You send your pitch deck (for the product or the investment, as appropriate – these are separate decks). Each deck, no more than 10 slides in each, positions the unique value proposition, the differentiation and the return on investment to the customer or the investor. And it can be a 2-page pitch piece, not a PPT deck, if you prefer.

The response you want from the pitch piece is: “Can you come in and show us a demo and tell us more?”

At this point, you have a qualified prospect (you have determined if you are talking to a customer or investor or both), and can go in with your demo and full pitch for closing.

Notice that all you want in a response is 1) Tell me more, then 2) Can you send some information and 3) can you come in for a meeting. If you push for a faster response than these measured requests, you blow the deal. This is why each sentence from you must be crafted to speak to value and not technical detail, and to speak to differentiation and ROI, not product specifics.

The secret is to not tell too much too soon in too-technical language.

My key work in this area received an immediately $2.1M equity commitment on a 2-page pitch piece in See Spot Run language on a complex software product, and allowed another company looking for its 1st professional equity investment to sell itself to a strategic partner within months.

Knowing how much not to say when, how to position value and differentiation in a sentence or two, and how to use simple language to explain technology is the secret to successful pitching. Good luck.

The power of impeccable manners

Behaving with impeccable manners is one of your strongest strategies. It builds and sustains your reputation, which as an entrepreneur or a consultant is your most valued asset. Your reputation precedes you in all new introductions, with prospective clients, and with existing clients and colleagues who speak of you.

There is great power in excellent manners. It allows folks to trust you. Those extra gestures of politeness are respected and welcomed in our too-fast world of 140 character communication. Sometimes a colleague won’t specifically understand why he or she thinks so highly of you, but will always hold you in high esteem, and say so.

Here are some of those gestures of good manners:

  • Write a brief note of thanks following every initial meeting, even if you were not the one requesting it. This should be automatic and within 24 hours of the meeting.
  • Acknowledge your client/prospect/colleague’s ideas, even if you will not participate in them.
  • If you have pursued a prospect several times by follow-up email or voice-mail, but have received no response, send a closing note that acknowledges the conversation or meeting your shared, and say you will be available “whenever the time is best.”
  • It is not weakness to be available, but graciousness. If you are not available later, you can say so then, with your kindest regrets.
  • Do not expect others to have the good manners that you exhibit – impeccable behavior is more and more rare.
  • Do not take others’ rudeness personally (it won’t help your situation nor change anyone’s behavior).
  • Be generous with your advice, even if you have not signed on to the work. But don’t do the work itself before you have a contract.
  • Be supportive of the idea, even if you doubt its ultimate success. How many times have you mis-judged the next new thing?
  • Be polite: if you feel you must issue some warning about an idea, do it in positive terms, as a suggestion to safeguard against the unexpected.
  • Take the time to share some bit of news, or an announcement of a potential competitor, or an article that may be useful. Do this with clients, colleagues, vendors, and prospects. This is part of your generosity – that you are thinking of someone and taking the time to show you remember them. Be simple about this – attach the information and just send a brief message with it, “thought of you and hope this is of interest.”
  • Spend time with younger folks who seek your advice, even if they can not be clients or prospects. They will grow older and more advanced in their careers, and remember that you were kind to them. This includes teaching as well as one-on-one meetings.
  • Listen more than you talk. Much more.

We live in an aggressive get-ahead world, filled with competition. Excellent manners are the inverse of this aggression – the yin, not the yang. There is great power in having so much abundance that you can share a note of thanks, an hour of your time without expectation of gain, a message with a piece of useful information for no reason other than to share it.  You will be remembered for these gestures.

Getting paid off-payroll in a recession

During this long recession, getting paid can be tricky, especially if you are an outsider, or if you have lost your status as an employee, and have been hired back as a contractor (part time or full time).

Established consultants understand about getting paid (or not), but those new to the game, or employees currently being paid “off-payroll” may find their payments unexpectedly reduced or delayed, with little recourse.

Getting work the employee loses
The advantage of being “off-payroll” is that you may get work that would go to a full time employee, because the “professional services” or “contractors” budget has funds, but there is a freeze on hiring.

Employers carry the financial responsibility of their employees. In tight economic times, hiring freezes can result because employers pay up to a 25% “load” (extra costs) over and above your salary if you are an employee (this is an approximate figure). Also, employees have certain rights controlled by State laws, including receiving their benefits (such as health insurance) and timely reimbursement of out-of-pocket expenses. Laws also require that employers pay taxes on employee wages and salaries in a timely manner to the State and Federal governments. Defaulting on these taxes can result in employers being assessed significant penalties and interest.

Enter the consultant
So, there may be consulting funds for your role in the company, but not for your position as an employee. So you may be laid off and someone else hired in to fulfill your role. Or, that someone could be you, paid a fee and not a salary. Or, having been laid off, you may turn to being an “independent” to get paid for your skills anywhere you can.

Being paid a consulting fee (or contractor’s wages as a freelancer) leaves the responsibility for benefits (such a health insurance, travel/car expenses, and so on) and taxes on your shoulders. And as an “independent” you actually pay more tax than your employer!

These are rather obvious results of working “off-payroll” and you can plan for these by speaking with any established consultant or accountant. It is not easy to set aside 30% of your fee income to handle your self-employment taxes, and to pay your full health insurance on your own, but at least you know you have to do it.

Planning ahead
The more subtle effects of being off-payroll in a recession need to be anticipated as well. If there is a core group of employees still on board at your company or at your client-company, but you are off-payroll, the employees will be protected by the law, and paid regularly, usually through the accounting division or through a payroll service. There is not much room to change this compensation without some formal action on the part of the employer.

But as an independent, your fees are more vulnerable than your colleagues’ paychecks. When the cash squeeze comes (and you won’t know when it is on or off), your check will be delayed. Or paid on time but arbitrarily reduced. There may be some explanation (“keeping the company alive” or “catch you up next time”). Even if you have protected yourself in your written agreement, you have little recourse to demand timely payment, a catch up on arrears, or a check for out of pocket reimbursement. The best protection, of course, is to be paid up front for your entire scope of work, or to be paid monthly in advance of work to be done. These are good ideas at all times, if you can do it.

This position of advanced payment at least allows you the option of a “work stoppage” if the check does not arrive.

Choices to make
Of course, how you play your hand at these times will be a decision you will have to weigh carefully. It may be wise to wait out the arrears, if you believe you will be paid in full. This consideration involves how much you know about the company’s finances and how much you trust the integrity of the decision maker who writes the checks, who may not be your direct client. It might be wise to be clear with your client and the decision maker about your expectations for any deferred compensation, and what actions you might take in the face of deferrals in accomplishing your work.

Do not threaten to quit unless you mean to do it. In fact, never threaten to quit. If you are going to quit, tell your client quietly and respectfully that you will stop working now until payment is made, or that you will remain available for a few days while payment is arranged, and will be unavailable if it is not forthcoming.

In all cases, you must carefully consider how much effort (especially extra excellent effort) should be committed to a client which is falling into arrears on your fees. You must protect yourself. You must balance your work responsibility with how much energy you will commit to finding another consulting gig or a position in a more stable company. This is especially difficult for consultants whose identities are connected to excellence in their work and loyalty to their clients. I do not mean you should be less than excellent. I mean you should be loyal to your own (consulting) company and protect it, while you are continuing to support your client. If you are working for a client, give your best, but give that same best to your own company as well. Find the balance.

As I have said too many times to remember, you must be constantly marketing for more work, even if you are overbooked with current client work. You must keep your options for work and revenue constantly open and in play.

Especially in these uncertain times.