Trouble with Overdue Freelance Editor

Graylorne

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I need some advice.

In august I hired a full-time freelance editor (I'll name no names yet, but he was a -verified- respected pro for many years with several reputable houses).
We agreed he would start on Sept 8, turnaround about a month, 50% paid in advance.

In the meantime he soured on freelancing, got himself a job and a baby, went to two book fairs, and is about to publish his own novel. And I'm still waiting for my edit. It was a 2nd opinion and I said from the start I was in a hurry, as the book had just been published.

On Oct 15 I emailed about an ETA and the next day I got a reply, he was 2-3 weeks behind, but 'expected to have something for me early Nov or maybe sooner'. He did mention he'd chuck off part of the second payment for being late.

Nov 10 I emailed again, less patient, that I had said it was a rush job and that it was taking far too long. I got no reply.

Now I know patience isn't my strongest suit, that in part is why I self-publish. But the whole thing is going into its 12th week and that's a bit much for a freelance job. By now, I've lost my trust in him.

So on Nov 20 at 14.00 hrs his time, I emailed him to voice my (polite!) dissatisfaction, and told him I canceled our agreement and wanted my money back before Nov 27.

As yet no reaction.

The delay can be a matter of too much at the same time: new job, new baby, too many clients, his own book. All understandable reasons, and I would've accepted some delay, but 7 weeks overdue is no longer acceptable.

I'm willing to way till the 27th. If he returns the money, all will be well. If not, what more can I do? Give his name to Preditors & Editors? What else?
 

T Robinson

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It all depends on what your contract says. Read it and abide by it. If you don't have a contract that covers delivery dates and penalties, you have learned a valuable lesson for the future.
 

Graylorne

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No contract:)

I have his emails, stating the date he starts the job and and that turnaround is about a month.
His last email states he'll expect to be ready early November or sooner.

To my mind, these statements are as binding as a contract.
 

T Robinson

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Not in a court of law. You may as well accept it now and cut your losses. One caveat, I have no idea of the applicable laws where you live. But here, you are out of luck.

No contract works both ways. Don't send more money.
 

Graylorne

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I emailed him I canceled the agreement. He hasn't replied yet, but I'm not about to pay anything more.
He is an editor, he is even a well-known editor, not some dubious figure I picked up on the streets. He came recommended.

I'm not going to court for 300 dollars. Even no-cure-no-pay it wouldn't be worth it. If there aren't any other ways, I'll report him to Preditors & Editors and be done with it. But it's a pity about the money.
 

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Lacking a contract what you have is a customer complaint. This is effective to the extent he cares about his reputation. Is he listed with the Better Business Bureau?
 

Graylorne

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I'm not at home in US organizations, but I don't think so. He was an in-house editor at a well-known publisher until this summer, when his company got taken over and he lost his job. He started full-time freelance editing more or less from necessity, but discovered he didn't like the freelance life.
I gathered that from his blog, for when I engaged him, I had the impression he found it a new challenge. So he hasn't been doing it long, at least not for a living.
Now he has a new job outside publishing. He won't give up freelance editing in his spare time, but takes no new customers until January (all from his blog again, for he doesn't communicate).
He has said he is working to catch up, but as it goes it will indeed be January when he's finished. Publishers' editors can afford that, but not a freelancer.
I think he does care for his reputation. He just doesn't know how to run a business. Telling the world about the two book fairs you spent a long weekend on is not handy when you're weeks behind with the work people hired you for.
 

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I need some advice.

In august I hired a full-time freelance editor [...] It was a 2nd opinion and I said from the start I was in a hurry, as the book had just been published.

Why hire someone to edit a book which has already been published?

Did you not have any sort of written agreement with him? Anything which detailed what you owed him, when you'd pay, and when he'd deliver? Because if not then I'm not sure how you can say he's now late in delivering. If this was all decided via email then you do have some sort of written agreement:
but without cancellation terms also being agreed you might find yourself in sticky territory now you've told him you're cancelling the agreement.

It could be that he's not responded because he's not received your emails. You might like to see if you can find an alternative way to contact him, just to give him the benefit of the doubt. But otherwise I suspect that if you're not willing to take him to the small claims court (if you have that where you are) then you've seen the last of your money and there's not much you can do about it now.
 

Graylorne

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Why hire someone to edit a book which has already been published?

My infernal insecurity.

Did you not have any sort of written agreement with him? Anything which detailed what you owed him, when you'd pay, and when he'd deliver? Because if not then I'm not sure how you can say he's now late in delivering. If this was all decided via email then you do have some sort of written agreement:
but without cancellation terms also being agreed you might find yourself in sticky territory now you've told him you're cancelling the agreement.

I have an invoice for 50% of the total amount.
I have an email stating the date on which he would start the edit (Sep 8), the total sum, 50% in advance to get booked.
I have an email stating: 'Turnaround for projects like this is usually one month.' No fixed date.
I have an email (of Oct 16): 'I'm running about two to three weeks behind at this point, but I'd say by early next month I should have something back to you if not sooner. I of course will whack off a chunk of the final payment for the delay.' Here, he admits there is a delay. This was the last email I got.

It could be that he's not responded because he's not received your emails. You might like to see if you can find an alternative way to contact him, just to give him the benefit of the doubt. But otherwise I suspect that if you're not willing to take him to the small claims court (if you have that where you are) then you've seen the last of your money and there's not much you can do about it now.

I had thought to wait for the 27th, the date I said I wanted the money back, and if I hadn't heard anything, send him a tweet to check his email.
No legal procedures - it simply isn't worth it.
 

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The classic trick that some people like to pull in this situation is to contact the editor from a different email address pretending to be a potential new client. That's a quick way to find out if the editor is still alive and available, whether their email address is still functional, and whether the lure of a new client's cash has a magic effect on their ability to communicate.
 

veinglory

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Having an invoice is good. Once you are sure he has received your refund request the last card you have to play is that you could go public
 

Graylorne

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Having an invoice is good. Once you are sure he has received your refund request the last card you have to play is that you could go public

Yes, I'm afraid so. Though if I can help it, I'd rather not start a flame war over it. There have been enough of these, lately.

I can threaten to start a post in the Bewares section. I believe that reaches every Publisher, Editor and Writer with an internet connection? I bet there are enough people here who know the gentleman's name.
 

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Even of you're not planning to sue, threatening it can be effective.
 

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I'm no lawyer, but I'm fairly sure a sequence of emails with you both agreeing to things is an implied contract. Of course, it would be better to have an actual contract. I work for an organisation with about 500 people, and the in-house lawyer's main job (it seems) is telling people "don't agree to do anything without a contract, and don't sign the contract until I say you can"
 

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I'm no lawyer, but I'm fairly sure a sequence of emails with you both agreeing to things is an implied contract. Of course, it would be better to have an actual contract. I work for an organisation with about 500 people, and the in-house lawyer's main job (it seems) is telling people "don't agree to do anything without a contract, and don't sign the contract until I say you can"

I agree. Those emails seem to spell out a contract, a frail, bare-bones contract, but one nonetheless.

If you found him through an organization you can complain to said organization. Some mandate a code of ethics for its members.

Otherwise, it is a lesson learned, especially in dealing with seemingly unethical practices.
 

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The emails might form the basis of a contract.

But a good contract would include deadlines and termination clauses, none of which seem to be included in the emails.
 

Graylorne

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The emails might form the basis of a contract.

But a good contract would include deadlines and termination clauses, none of which seem to be included in the emails.

True, and now I suddenly wonder how many freelance editors use a contract.

I have had several, among which editors of name, and not one used a contract. Is that only usual for the big, multi-thousand dollar jobs?

Also, I noticed the editors who take their time come from the world of trade publishing. (I don't mean this nasty, really.) Would they, through their experiences, have a different mind-set from the freelancers who started from other backgrounds?
 

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True, and now I suddenly wonder how many freelance editors use a contract.

I don't know any who don't. It's just good sense.

I have had several, among which editors of name, and not one used a contract. Is that only usual for the big, multi-thousand dollar jobs?

No, it's usual on all sorts of jobs. I've had contracts for just about every job I've done, some of which have been very small.

Also, I noticed the editors who take their time come from the world of trade publishing. (I don't mean this nasty, really.) Would they, through their experiences, have a different mind-set from the freelancers who started from other backgrounds?

It depends what you want, I suppose.

I'm an editor who trained in trade publishing.

I do take more time editing books than other editors I've encountered, but I don't waste any of that time: I do a really thorough, thoughtful job for my clients. I've seen quick edits and they're often slapdash and hurried, and as a direct result of that rush the books are not so good.
 

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True, and now I suddenly wonder how many freelance editors use a contract.

I don't know any who don't. It's just good sense.

I don't, although arguably I don't have any sense. :D But I don't start work without an agreed deadline, and I accept payment only on delivery of edits - precisely to avoid situations like this.
 

Graylorne

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It depends what you want, I suppose.

I'm an editor who trained in trade publishing.

I do take more time editing books than other editors I've encountered, but I don't waste any of that time: I do a really thorough, thoughtful job for my clients. I've seen quick edits and they're often slapdash and hurried, and as a direct result of that rush the books are not so good.

I've no problem with an editor who spends a long, careful month on my book. Quality has it's price.
But I do dislike an editor promising a month and turning it into three without a word. (I had another such before this fellow. Quite an expensive one, with great references.)



I don't, although arguably I don't have any sense. :D But I don't start work without an agreed deadline, and I accept payment only on delivery of edits - precisely to avoid situations like this.

I saved your website into my files. :)
 

robjvargas

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True, and now I suddenly wonder how many freelance editors use a contract.

To paraphrase one of the TV judges in America, "we have a term for people who work without a contract: litigants."

Without a thorough contract, court becomes the only way to settle disagreements.

A contract puts your expectations *and* the editor's expectations down on paper, and if you work right, it's a clear document with clear explanations of those expectations.

Without it... well, I refer you back to the paraphrase above.