That day in court is tomorrow. Any last-minute advice from people who've been through this sort of thing?
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That day in court is tomorrow. Any last-minute advice from people who've been through this sort of thing?
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Today a colleague told me I should threaten the publisher with the prospect of "swimming with the fishes." It's a threat I know well, as a native of Staten Island and a former lounge musician, so I had to laugh. That said, the advice on this page is much, much better, and I will take it to heart. Thank you all.
Good luck to you all. Makes me glad I turned down the opportunity to write for this last edition, after the problems of getting paid for the previous ones.
My advice is to watch an episode of The Good Wife to be inspired by some terrif NYC-based actors and actresses who do not react to a collection of ridiculous, instrusive, compromising and otherwise off-issue and nonsensical lines of questioning.
...and in addition to all the above, once you have an actual judgment in your favor, then think of how you must move to collect on it. In that regard, ask your attorney(s) if you can request the court to (a) garnish any of the business and/or personal accounts of the defendants or if that is not possible then (b) place a lien against the real or other business or personal properties of the defendants. Depending on the state laws where you are taking action, some of these remedies to collect - especially the liens - can be undertaken without direct attorney assistance (and consequent bills).
1. Never ask a question you don't know the answer to.
2. Have every scrap of communications with you: emails, text messages, voice mail.
3. Be prepared to prove you did the work.
4. Ask him how he acquired the work if he didn't commission it? And under what terms. Writers are really bad at record keeping, so anyone who is part of the case should dig through their diaries - bring them in - and be able to say when the spoke to or communicated with the defendant and what those communications were and what their understanding was with regard to payment, how much, was it a flat fee for words and photos or a per word rate and per picture used, was it for print or on-line or both, was there an additional payment for dual use, when payment would be made (on acceptance or on publication?), if expenses were covered, what rights were sold or discussed.
5. Copies of invoices sent. You may have to prove that you invoiced the client.
It may seem picky, but these things go to show a business relationship and a contract existed. Not all contracts have to be written down to be valid. I don't know about US law, but under Canada's system of Torts a contract has four elements: offer, acceptance, performance and consideration. (Translation: query, yes, writing and payment).
Oh, and was this the only time and only work the writer has done for this defendant? If they had other dealings were they conducted in the same manner?
And was the approval and all dealings with this defendant or did you work via an editor? If so, where is that editor now?
Good luck. Stay calm. Stay focused on winning. Forget morality or making your point or even seeking justice: just go to win! Everything else is a diversion.
If you're giving testimony, be absolutely sure of yourself. Avoid saying things like "I think it happened this way," or "to the best of my recollection." Judges and juries hate wishy washy testimony, say whatever you say with absoluteness and confidence like "this is what happened," leave no room for a wedge to be propped into your statements that an attorney can take advantage of.
After many days in courtrooms, this is the number one piece of advice I can give anybody going into that situation.
Good luck, Ed.