So here’s a difficult question I’ve been pondering for… oh… about the last four years.
Where does a copywriter’s responsibility end and a client’s responsibility begin?
In other words, how responsible am I for the things I write to sell a client’s product?
Here’s the thing…
As a freelance copywriter, I’m largely dependent on clients for the accuracy of my advertising. They tell me about their product… what makes it unique… how much it costs… and why they believe people should buy it.
I rely on the accuracy of the information the client provides (and the accuracy of my research) to write the most persuasive copy I can possibly write.
Trust is a key component of the client-freelancer relationship. I trust the client to provide me with accurate information; and the client trusts me to give my best effort to sell.
But along the way I’ve discovered that some clients are less honest than others.
For instance, I’ve known a client or two who has been willing to use fake scarcity to drive sales. They either falsify the number of units sold or the number of units available.
Either way, it’s a technique I’m not personally comfortable using… but at least two of my clients have had no qualms about it.
How responsible am I for that? And what should my response be once I discover what’s happening behind the scenes?
- Confront the client?
- Turn a blind eye?
- Drop the client altogether?
One time, when I was asked to reduce the inventory counter by more units than we had actually sold, I pushed the issue.
“But we only sold X units, right?” I said.
“Yeah, I know I’m being dishonest,” he replied.
So I know from experience that some clients feel no remorse about telling “little white lies” if it drives more sales.
Me? I feel a pang of conscience every time I’m witness to such blatant manipulation. Yet I still don’t know exactly how to handle it.
Confrontation seems not to work. And the idea of firing a client over such tactics has at various times felt a bit like overkill, not to mention financial suicide. (Like everybody else, I have monthly bills to pay.)
My point in writing this is not necessarily to provide any clear-cut answers; it is to open up a dialogue and see what thoughts you have about this issue.
Because if you do any client work — especially in the field of advertising — chances are you will encounter some of the moral dilemmas I’ve alluded to here.
Would you do me a favor? Leave a comment below and let me know what you would do if you found yourself working with a client who was using dishonest marketing tactics. How would you react?
Thanks!
-Ryan M. Healy
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- The Danger of Big Numbers
- The Battle Between Strategy and Tactics
- How to Work with Clients without Going Crazy
- Marketing Tactics That Work Today But Not Tomorrow
- Taking Responsibility
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{ 35 comments }
For some reason i can't read your comments, so if i repeat an idea, please forgive me. Is it something you can address upfront in your selling conversation? I wonder if you could just make it clear that you are choosy about who you work with and you've found that you have reached a place where if you're asked to write copy that is untrue, it just isn't a good fit. Make them fill out an application to work with you!
That kind of stuff gives me the creeps, but then I'm probably not normal. Hopefully I can see what the others are saying after I post.
Thanks for responding, Gina. Actually, I think you're the first one to respond, which is why you can't see any other responses. :-)
Ryan
Oh LOL. This is why I'm the president of your fan club. I see now, those 13 comments were about ME, not the post. Oh boy…
I only deal with clients I trust, and I'm lucky enough to have those right now. I have “fired” a client who has been dishonest before. I cut down on that happening by setting up the quote I send out to weed out those who are not honest, because ethics are paramount to me.
It's true, I have no way of proving any statistics – that's my client's responsibility. You cannot assume your client's dishonesty prophylactically – that's just not practical and doesn't, uh, exactly make for trust. However, before I take someone on or even reply, I check out his other sales material and products first, and see if my “hype-o-meter” goes off. If it does, I decline the project. I will often buy a product and use it first, if I think it's needed, before I'll promote it – I build that into my expenses.
And yes, I'm 100% responsible for paying my mortgage and bills too, so I do know sympathize on the nerve-wracking part. It is indeed a dilemma.
I would try to explain that I couldn't be a party to dishonesty. I once had a client who was a citizen of a European country where the taxes are just astronomical, and this person wanted me to sign a statement saying he'd paid me a larger figure than he actually had. There was some miscommunication because of the language barrier, and I didn't understand at first what I was being asked to do. I think I gave the impression I was okay with it, so I felt even worse when I said I couldn't do it. This was a very nice person and I was trying to understand the difficulty he was in. In the end, I said I would sign a statement saying he had paid me in full. If he fudged the numbers afterward, that's not my business. I believe in karma, and if you try to take what isn't yours (or help someone else do it), God or the universe will find a way to get it back from you.
Hey Ryan,
I think it's sad, but something we all have to face.
You know, there's a lot to be said for standing your
ground. And if someone has the financial reserve
and courage to do it… all I can say is… wow. Good job.
Still, I think for a lot of copywriters starting out… they're more
worried about being homeless than whether or not their client
is lying about something…
Then there's the copywriters who have the experience to stand
their ground but will lie anyways… fake testimonials… photoshopped
pictures… it's no wonder the FTC is out to hang us all.
As for me, I've stood my ground before… and paid for it.
I've seen both sides.
I don't want to feel slimy at the end of the day, but I
understand why people refuse to bring ethics into it.
Sometimes decisions suck.
Hi Ryan,
It's not my responsibility to keep my clients honest. I do the best I can to write honest copy, but beyond that, it's his bailiwick. Now, I do protect myself two ways –
#1 I always send out a “fact check” draft, and ask for feedback, explaining that accuracy is their responsibility.
#2 My deliverables ALWAYS contains disclaimers on accuracy of the copy, placing the final responsibility on them.
Finally, if I believe they are intentionally cheating their customers, there's no way on God's green earth I'll work for them.
Thanks,
Kevin Dawson
http://www.onlinefinancialcopywriting.com
Ryan you really do post some of the most thoughtful questions on your blog.
Do the ends justify the means?
Paying the rent and paying respect to your life can be a problem when you're in service to others, as we all are at some time or place. Many in IM don't blink at asking for anything.
I won't insult you with cheaters-don't-prosper and other foolishness – they actually do financially. If all someone wants is money, it's easier and faster to just stick someone up instead of really working for it — just a question of degree.
I believe you'll make far more sleep-at-night honest dollars having a rolodex full of people who can be trusted when no one's looking. Courtney is right, if you can live up to it – good on ya – it's certainly not easy and you'll take some hits.
So, to answer your question – design your business and life so you could walk away from anyone and anything that puts you in that position.
In the meantime, you don't have to confront or argue, just don't participate. If you get a direct order, just ignore it and keep working on other stuff – no matter how many times they remind you.
Yeah, I know. Frankly I prefer dueling, but that's not legal anymore.
Over the years you get added to the honest guy's rolodexes and a big helping of self-respect.
I guess in one case, I only suspected my client of being dishonest. I haven't worked with that client in years… and even turned down a project he wanted help with because it was contrary to my values.
In another case, I will work off of real numbers when I have them (which is not often), otherwise my client will change inventory numbers himself and use whatever figure he wants. I know he is being dishonest… so the question now is, “If he's creating false scarcity, do I now at this point sever the relationship or not?”
I have no evidence of him being dishonest in other areas… just the “false scarcity”… but I guess it follows that dishonesty in one area can spread to others.
Ryan
Kevin,
I do the same thing as you do. My contract says the client is responsible for the accuracy of my copy since much of it is based on the client's input. Going into a new relationship, everything is good.
It's only later, after you've entered into the relationship, that some of these “gray areas” become apparent.
It's always easy to turn down a project up front. I've done that many times. Much harder to get out of a relationship once you've been paid.
Ryan
Steve,
Great comment. Thank you!
Funny you should bring up business design since I'm working with a business coach right now. We're doing a full review of my business, how to structure it better, eliminate bottle necks, etc.
“Just don't participate” – I like that suggestion. In fact, that's what I've done in some cases… just let the client do what he wants to do and move on.
Anyway, I think the issue of “dishonest clients” is a harder issue than many people think. And to make the point, I have a follow-up post already half-way written. I'll try to get it out next week.
Ryan
P.S. Alexander Hamilton preferred dueling, too. Look where that got him. ;-)
For me, it's not so much the difficulty of weeding out clients up front. That part is relatively easy. The hard part comes later — after you've accepted a project.
Ryan
Lisa – That's a good example. The same thing happens here when you sell a used car… some people will ask you to report a lower sale price to reduce taxes.
Ryan
One thing we like to avoid thinking about when dealing with a person who's lying about something, is that sooner or later, they're gonna do the same thing to you… if they haven't already.
In the middle of the project, the lie that could be waiting in the lurk for you is the amount you'll be paid on your royalties, the actual amount of units sold, or when you'll be paid.
Of course, doing this online and being signed up under an affiliate ID or having access to their shopping cart makes it harder for someone to cheat you but one thing I've found to be true is that people who lie, do it more often than you think and they'll lie to your face and about you if backed into a corner.
A lie rearing it's ugly head is a preview of what you can expect more of.
I love Gina's idea of “Pre-Framing” the client before you start. I like the idea of telling them that if they ask you to lie, you're bailing… with their money they've paid you and you taking it in the form of a kill fee.
What kind of precedent does that set up? It states clearly what you will and will not stand for and lets them come into the deal knowing the full ramifications of their actions. You also can't deny that it'll warm the cockles of any honest person who sees they've encountered a kindred soul.
And in my estimation firing them will create a pride inside of you that'll last forever while the money will have appeared and disappeared in within a month.
This will also make for a great story to tell to your list. Obviously you wouldn't name names, but it'd be very effective in scaring away the wrong kind of lead for you.
The key though is keep the pipeline full. And this is where Dan Kennedy's advice of doing something daily to promote yourself and further relationships with the potential clients will serve you well.
Talk soon,
Note Taking Nerd #2
Hey Ryan,
It's definitely an issue and I'm glad you
brought it up because it's almost like
people are afraid to speak up about it.
With one client. I thought his testimonials
were completely fake. And the whole letter
I was hired to rewrite was written by a
woman I was sure didn't exist.
At the time, I didn't really have the will
to refuse work. Thankfully they backed out.
They probably would have tried to rip
me off anyway.
But the whole scarcity thing. That's a huge
issue in internet marketing now. I don't know
where the end is… but someone had to
say something.
I'm just grateful that I work with a great
crowd these days. I couldn't be luckier.
Ryan,
That is such a great question. You have had a lot of great responses so far as well. So I will keep this short and sweet. I recently had a potential client who was playing what I felt were…games. This instantly put up a flag, then when A few more questionable actions came along, I fired the client.
I lost money, but I felt like I was in the right and was able to go on about my business stress-free.
Good luck to you and your endeavors,
Mac B.
You said:
“With one client. I thought his testimonials
were completely fake. And the whole letter
I was hired to rewrite was written by a
woman I was sure didn't exist.”
Did you and I speak to the same potential client?
I flat out told him I thought everything was fake and that was hurting his response.
I never heard from him after that. :-)
Ryan
Hi Ryan,
I think the answer would be different for every freelancer as it depends on your moral compass and your ethical stance.
I've decided that I want to create a business filled with IDEAL clients – not just those with a wallet and a pulse (actually – the pulse wouldn't be obligatory! ;-) )
For me, ideal clients are people who have a deep passion for what they do and are here to make a difference in the world, not just to make a lot of money. Although, obviously, I will try to help them make more money through better marketing, but also to get their message/help out to more people. Other criteria would be that they'll accept my advice and want to implement the kind of marketing programs that I specialise in.
I already turn away people who aren't a good fit. This sometimes takes some courage, but you end up with a better business at the end of it – clients you get on really well with, a high level of trust, and they're happier with what you do for them than unappreciative clients. You also start to build your specialisation and “get known” for working with those types of people.
Ultimately, I think it comes down to whether you want to run your business around what you know is right, or around the amount of money you earn. I would go for the former, because then you sleep better at night and the money will come anyway.
However, you might have to do more to qualify out unscrupulous clients at an earlier stage so that you don't end up with this dilemma mid-project, when really it's probably too late to argue the point.
In any case, you might want to think about how your input/help impacts not just the lives of your direct clients, but of their clients and customers as well. If they're selling something that doesn't genuinely help, or the whole thing is a bit dubious or snake-oily, then is that something you want to be responsible for?
Because, I think you are responsible. If you've helped someone do a promotion that is basically dishonest, then you are somewhat responsible for that and it's consequences.
Does telling white lies to ramp up scarcity matter? I don't know – but I can smell those white lies a mile off, and they really get on my nerves. It feels like I'm being taken for an idiot. If the thing on sale is right for me at the time, I'll buy it regardless of scarcity tactics. However, I will never have the same respect for that vendor as I would for the vendor who is completely open and honest.
Hope that helps?
Jane
For me it kind of comes down to whether or not I know for a fact that the person is lying.
One person I respect INCREDIBLY in this industry once said that “Your job is to write the best copy for the topic you're about to cover…even if there is plenty of evidence against it”.
(Or something like that)
But I'm a little too moral and ethical of a person for that. I get guilty if I have to “lie” to my wife when I'm doing something special for her to keep it a secret!
Anyway…it basically comes down to 2 things for me.
1) Do I know for a FACT that I/the client would be lying?
2) Would the product or service I'm selling be helping out the prospect in such a tremendous way that they NEED The product, and just might need a little push?
And I take it from there :)
#2 is pretty important if you think about it. If you're selling some type of surgery procedure to a person about to die but they're too stubborn to take it…would you do anything in your power to make them get that surgery?
Jeremy Reeves
http://www.ControlBeatingCopy.com
P.S. I don't worry much about the financials in a situation like this (granted, if you're just starting out and can't pay your bills – that's a different story).
I absolutely believe in Karma and think that if you are ethical enough to give up some money in order to stay honest and guilt-free…that money will come back to you ten-fold in the end.
I had a client who seemed wonderful, and I naively went full blast into the relationship. He paid me a little and stiffed me for the rest ( my fault for not getting at least half up front). When we first talked about the project I googled him and found no problems associated with his name. Now if you google him there is a long list of complaints about him ripping off his customers by not delivering the product and not refunding money. I wote a good sales page for him, which he still uses, and rewrote the long, high quality ebook he sells from that page. What he is doing makes me feel creepy, even though I have nothing to do with his behavior, and it has taken me a year to let it go.
I guess the bottom line is, when someone starts crossing that line to dishonesty- especially over the web- I think it gets easier to do more of it. When someone feels they have to lie to make sales, they are coming from a place of fear and lack of abundance thinking. I would tell your client that misleading his customers by creating false scarcity will not only hurt his business, but ultimatley hurts us all by perpetuating the hype that people are increasingly jaded to on the web. Does he value the work you do for him? If he does he'll value your input. If not, is this client THAT valuable to you? You are a great, in-demand copywriter with a high level of integrity- which is why this bothers you. Go with your gut.
Here's a twist on the example you used for your second point (I read a story about this recently):
What if it was a kid who had a common but potentially deadly virus? And what if all he needed was basic medication, but his parents were denying medication because of religious beliefs?
Ryan
Hah…
Reminds me of Jim Rohn.
He said something like…
“There's only about 2 or 3 really horrible
people out there but they travel a lot.”
Have a great day Ryan.
Hmm…
Look up every possible way of treating it naturally? After all, all medications are taken from some type of natural ingredient (i.e. pain killers from the bark of a (I believe) white birch tree – something like that).
Jeremy
Great comment, NTN2.
Yes, I think being clear(er) with clients up front is a good thing. Although it seems you'd need to put specific examples of what's okay and what's not right into the contract.
If all you say is, “I will not do anything dishonest or anything that makes me feel uncomfortable” — then there is still much room for interpretation since everybody's moral compass has a slightly different true north.
Ryan
Great response, Jane. I think both client selection and client management are two areas that take some time (and experience) to master. I'm now in the process of tightening up both.
Ryan
Thanks for your advice, Ann. Well said.
Unfortunately, I can't give too many details about my particular situation. Suffice it to say I've been working with this client for three years now… and the fake scarcity didn't really become an issue until this past year.
Not an easy situation to extricate myself from.
Ryan
I love NTN2's approach. Ryan, I can tell you from personal experience that strong ethics is GOOD for business. Yes, I've fired clients, turned down business, made my stand–and better clients have sought me out precisely because I've been so public about ethics.
Ethics has always been a big part of my business, going back to 25 years ago when people used to ask me to write term papers and I would turn them down. When I published my award-winning sixth book, Principled Profit: Marketing That Puts People First–which is all about ethics as a business success tool–and then a year later, founded the Business Ethics Pledge (http://www.business-ethics-pledge.org), this commitment became a lot more public–a core part of my brand, in fact.
One thing I've done that has helped a lot: in my form response to prospective clients, I include this paragraph:
<<<Please note that I reserve the right to reject a project if I feel I'm not the right person for it. This would include projects that in my opinion promote racism, homophobia, bigotry or violence–or that promote the tobacco, nuclear power, or weapons industries–or if I do not feel the product is of high enough quality that I can get enthusiastic about it.>>>
Which makes it clear right from the get-go (as if the book, etc. didn't make it clear) that values-based thinking is always part of my decision to take on a client, and my process as I work.
To bring it back to your original question, what should you do: I'd call or e-mail to the effect that
“I really appreciate that we've been working together these few years–but I'm just not comfortable with your changing the numbers around. In order to continue our business relationship, I need assurance from you that you'll use honest numbers. If that feels too hard for you, then I'm going to have to ask you to find a different copywriter.”
You're not sounding judgmental, but discussing your own comfort level.
I've also told various clients more than a few times that I had issues with something they were doing, and that I would only keep working if we could get the problem resolved. In fact, just this week I turned down a JV partner because I felt there was an ethical issue. I also saved one client a long time ago because I said to him, “not only can I tell that you plagiarized, but your committee will be able to tell also, and you'll be stripped of your Ph.D.” I made him do the work over, honestly, and he was grateful.
Excellent advice, Shel. Yours has been the most helpful by far. I really like your suggestion for how to approach my client. That make sense to me and feels like the right approach.
Thanks much for taking the time to comment. :-)
Ryan
Hi Ryan, Shel nailed it.
I wrote some sales copy for a client a few years ago. He not only changed the copy for the worse, he obviously made up testimonials, and basically lied about his expertise on the subject. Email consulting with him was part of the offer. It was obvious to me he didn't have any expertise on the subject at all.
At the time, I wasn't in a position to confront him directly on it, although I did specifically ask if the testimonials were real and he said they were. Based on the way they read, I found it highly unlikely.
I simply didn't do any more work for him. It was the only response I could think of at the time.
As far as fake scarcity goes, it will catch up with your client eventually anyway.
And it doesn't sound as bad as lying about the product itself.
It does raise a red flag about the client. Maybe not a big honkin' flag, but it's a flag.
Wow, this turned into a meaty discussion. Let me bring in a view from another angle here. From outside the copywriter freelance business:
* What about a judge who needs to put someone in jail because of some wrongfully laws? Those cases exist.
* … or a defense attorney who knowingly saves a murderer from jail?
* … or a doctor who cannot treat someone because the person is not covered by health insurance; … or the person simply won't give up smoking?
* … or you work for a corporation as employee which takes advantages of its customers.
I want to be perfectly clear here, trust, honesty, ethics in life and business are values I care very passionately about. Just wanted to relativize the emotional pain a little bid.
– Yours John
Ryan, I've only had that happen once, so far – discovering a client is dishonest *after* I've already accepted the project, that is…
It's really unpleasant to have to do it, but I knew I had to steel myself, drop him as a client, and be really blunt about why. Since I'm not incredibly assertive by nature, I found this nerve-wracking (hence my subsequent backflips to weed out up-front ).
The surprising thing was that he didn't make a scene or try to hold me to the “deal” – instead, he disappeared without a word of protest or indignation.
I suspect clients who decide to use dishonesty as a marketing tool know darned well what they're doing is a gamble – and when they're well and truly busted. What to us is unpleasant and stressful… is probably a shoulder-shrug-”let's-move-on” to this type of client.
But it ain't the black and whites that are hard – it's the grey areas, and reading all the responses, there seems to be a lot of those. It's been an education, reading what everyone else has experienced!
Hey Perry,
I think that is often the best approach: to simply not work for that client anymore.
I agree that using fake scarcity could catch up to a client eventually… but I wonder: How?
Ryan
Good examples, John. Gray areas and ethical dilemmas abound in just about every area of human endeavor.
The one that really strikes a chord of me is the example of the defense attorney saving a murderer from jail. Could there be anything less ethical than that?
Ryan
Hey Perry,
I think that is often the best approach: to simply not work for that client anymore.
I agree that using fake scarcity could catch up to a client eventually… but I wonder: How?
Ryan
Good examples, John. Gray areas and ethical dilemmas abound in just about every area of human endeavor.
The one that really strikes a chord of me is the example of the defense attorney saving a murderer from jail. Could there be anything less ethical than that?
Ryan
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