How to not get sued as a consultant

Don’t make promises you can’t keep

That’s it. That’s the advice. If there was one guiding principle I could leave you with through all of this advice, it would be this one.

Never write out a grandiose methodology that you can’t deliver. Don’t refer to skills that you don’t really have yet.

Think twice before you set out ambitious schedules when you know you’re already over committed.

Don’t make promises you can’t keep. Not only will this help you not get sued, it will keep you calm and happy and stress-free.

Seriously. Don’t.

Avoid Litigious Clients

In my line of work, there are sub-sectors that are known for being litigious. Theirs is a cutthroat and slightly sleazy line of work. I did one contract in that sub-sector and I was done. Learned a lot. Won’t do it again. That client went through a lot of lawyers. Fortunately I was never the object of their wrath.

Learn to spot litigious or just generally intolerant language in their RFPs. Talk to your colleagues at conferences. Learn which clients are difficult to work for.

Flagging Problems At Your End

Sometime, over the course of the contract, unpleasant surprises happen at your end. Sometime a piece of work will take much longer than you anticipated. Sometimes a stakeholder will throw up obstacles that you weren’t anticipating. Occasionally you get sick. Sometimes your personal life throws surprises at you. 

These things happen, and they can be stressful, especially if you have a big deadline looming. 

Be honest and proactive.

Always bring the client into the loop as soon as you know something isn’t going to plan. 

Call them up, explain the situation (without spilling too much of your personal life all over them of course) and present them with your plan to make things right. “My second deliverable is running behind and I’m really sorry. I’m planning on making up a little time in the third and fourth phase and I think I can get us back on track…” and so on. 

Don’t drop off the map; don’t go into hiding; don’t start avoiding your client. All of those things just cause both of you stress. 

Come clean. Be honest. Be ready to present some solutions to your problem. Brainstorm solutions together if you can. 

Situations like this are why it’s always good to try to stay ahead of your milestones. Always try to finish the milestone a few days before it’s due. You don’t have to deliver it (in fact, better you don’t.) Finish it, put it aside, and deliver it on the day. Stress free. Try to stay ahead of the game, so you can absorb the little glitches as they happen.

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