16toads Design Journal Journal:16toads Company Blog 2012-02-01T20:15:12Z Copyright (c) 2012, 16toads ExpressionEngine tag:www.16toads.com/journal,2012:02:01 Shaving Doesn’t Have To Suck tag:www.16toads.com/journal,2012:/1.407 2012-02-01T18:43:11Z 2012-02-01T20:15:12Z 16toads domains@16toads.com I was in my mid teens when my father first handed me a golden plastic-handled razor he had plucked from a ten-pack of single-blade Bic disposables, a can of Barbasol, and a styptic pencil. I cut my face to pieces.

Shaving is a personal care chore that I typically put off until it's absolutely necessary, which is usually about the time my face is itching so badly I can't stand it any longer. I've used disposable single blades, cartridge double, triple and quintuple blades, and electric razors. It made no difference what the advertisers claimed, I accepted that razor burn, acne, terrible neck irritation and ingrown hairs were just part of being a "man". For the past 26 years, I have considered shaving to be an export from Dante's imagination. 

"Shave like a man!" or "The manly art of shaving!" 

A quick search of the internets for "wet shaving" revealed numerous ways for me to become the man I apparently was not. Setting aside the initial investment into equipment, the cost savings I would enjoy not having to purchase cartridges any longer was incentive enough. $2.00-$3.00 for a 5-pack of double edged blades that would last for up to 3-4 shaves each side versus a $19.00 8-pack of Mach 3 blades that last for an average of three shaves each before they start nicking skin.

My interested piqued when I started reading fantastical claims that shaving with a double-edged safety razor would clear up all of my girly skin issues. I was sold and started looking for the best reasonably affordable vintage DE razor I could find. 

Razors

Turns out that vintage Gillette DE safety razors are highly regarded by wet shaving aficionados. Gillette doesn't manufacture safety razors any longer, opting instead for the multiple blade cartridges that drain your wallet and provide a shave that guarantees skin issues. 

Vintage models of Gillette safety razors will cost anywhere from $30 to $250 depending on the age, condition/restoration, and rarity. You can find beautiful shave-ready vintage Gillette razors from the turn of the century (1900-1910) that have been fully restored with nickel, rhodium, or gold finishes. However, the Gillette Adjustable Slim DE from the 60's and early 70's is universally regarded as the best safety razor ever produced. 

I found a rare 1970 long handle "Black Beauty" Gillette Adjustable double-edged safety razor on eBay for $100. I chose this model simply because it was manufactured during the year I was born. It still works like it just came off the assembly line. The "adjustable" feature is a twist mechanism that allows the user to select up to nine different blade angles from pussy (1) to slice-your-face-off (9). Most nonadjustable DE razors are set at a 4 or 5. The quality of the shave these all-metal razors provide is fantastic. 

If vintage razors aren't your bag, Merkur makes very good, relatively inexpensive DE razors you can pick up for around $40. Parker, Edwin Jagger, Meuhle, and Baxter are a handful of other companies that manufacture safety razors. You'll find immediately how nice a heavy, well-balanced razor feels in your hand.

There's a certain cache to shaving with a vintage razor. Whether you pick one up on eBay, from an estate sale, or found one in your grand father's box of goodies, you can easily clean them up for your own use. Or you can go the extra mile and have them professionally refurbished, resurfaced, and disinfected.

Cleaning a razor is simple: 

1. Scrub the razor with Scrubbing Bubbles and a toothbrush. Rinse thoroughly.

2. Using a cotton ball, apply rubbing alcohol. Then let dry - alcohol kills germs during the drying process, not the application process. 

3. Shave away. 

** Boiling a vintage razor is unneccesary and potentially damaging - If your vintage razor is made with any copper at all, boiling will leech the copper and turn nickel pink. Boiling will also ruin plastic. If your super paranoid, take your vintage razor to a tattoo shop and pay them to run it through an autoclave. 

Brushes

After a bit of research, I purchased a Thater 4125/2 finest silvertip brush. This is a fabulous German-made brush with a lush, tightly bound knot. Of all the brushes I looked at, it was the cheapest, hand-made silvertip brush I could find. Spend the money to purchase a high-quality badger hair brush. With proper care and storage, a good brush will last ten to fifteen years.

The best brushes are traditionally made using badger hair due to it's ability to retain copious amounts of water. Because badgers are a protected species in North America and most of Europe, nearly all commercial badger hair is culled from mainland China. Yes, a badger died for your shaving comfort. 

In general, "Silvertip" is the softest and comes from the underside of the neck of the badger. "Super", "Finest", or "Best" come next in order of softness and "Pure" rounds out the common grade of badger hair brushes. It is worth noting that for more expensive brushes, some shops label their brushes as "silvertip", "finest silver tip", or "best/finest". If the word "silvertip" is NOT noted, it's the grade of hair just below the silvertip. 

Blades

I've received free packs of blades from nearly every shop I've ordered from. I'd recommend testing a variety to find the blade that's right for you. I've had good results from Gillete DE and Lord blades. Wasn't too fond of Merkur blades. 

I'm told that "double-edged" blades are excellent gifts for young children. 

Soaps and Cremes

I've tried Essence of Scotland Traditional Heather Soap, Lord Emofresh Shaving Cream, and I just ordered the Proraso Sensitive Skin Set to test the difference between products.

I've found that the Essence of Scotland soap is more difficult to generate a thick lather with (even in a bowl), but it smells terrific. 

I purchased the Lord cream because it is dirt cheap and comes in a very handy 2.15 oz. tube perfect for travel. I was able to create a thick creamy lather from a pencil eraser-sized dollop placed (and lathered) in the palm of my hand. The addition of menthol as an ingredient sets this cream apart. It simply feels fantastic on your skin. [insert inapropriate masturbation joke here] 

You should be able to get many dozens of shaves out of either product. 

Wet Shaving and Travel

There is nothing more appealing than a great shave when traveling. In an effort to maintain my suspect machismo on the road, I purchased a Merkur Travel Style "straight bar" with Leather Case. This terrific little razor unscrews and packs down into a 2"x2"x.5" leather case. I also bought a Best Badger & Faux Ivory Travel Shave Brush by E. Jagger which is a very nice, tiny brush designed to fit in a small screw top travel tube. Due to it's diminutive size, it also dries quickly.

Important: TSA will confiscate DE razor blades found in your carryon luggage. Blades must be checked.

Conclusion

I hated shaving. After wet shaving for a month, I'm absolutely sold. 26 years of skin irritation vanished after the first shave. 

All in, your initial investment into wet shaving can easily be less than $100. If you want the best equipment, plan to spend more. And if you get bitten by the bug, vintage razors are not only highly collectable, but also usable.

Technique

Depending on how steady your hand is, you may or may not find yourself "relearning" how to shave with a safety razor. I picked it up instantly. I promise you though that taking the extra time to shave well, will make all the difference. If your testosterone gets the better of you, you can always try shaving with a straight blade. My grandfather was a straight blade man. I'm not that manly. 

The only instructions necessary:

  • Shave after showering, when your facial hair is softest
  • Keep your face lathered and remoisten with a brush frequently
  • Slow down, let the blade cut without pressure. The weight of the blade should be all the pressure required.
  • Make fewer passes
  • Follow the direction of your whiskers

Sensitive Skin

  • Do not cut against the grain
  • Rinse with cold water 
  • Use an aftershave balm

A final note: Ladies, all of this information applies to you too. 

Links

I purchased all of the products mentioned above from one of the following online stores**:

www.razoremporium.com

www.bullgooseshaving.net 

www.bestgroomingtools.com

** All provided very fast, excellent service.

AdditionalLinks:

www.royalshave.com

www.theartofshaving.com

There are dozens more. I'd recommend doing a little research because you can find many of the products sold on these sites on Amazon.

Thanks to @yaykyle and @gregferrell for initial push.

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Lessons Learned tag:www.16toads.com/journal,2011:/1.403 2011-10-26T20:02:14Z 2011-10-26T20:36:15Z Paul paul@16toads.com The ironies are many. Not the least of which is the irony I unwittingly participated in. I gave a talk about professionalism. And as a result of three images a handful of people found distasteful, the definition of "professional" has now been officially revised to include "appropriate imagery" and "lack of any kind of offense". If the latter caveat was in a rule book, Steve Jobs would have been held up as the antichrist of business. 

Allow me to pose a hypothetical scenario. What if I had planned the whole thing? What if I had intended to offend and anticipated the backlash? 

And at the very end of my talk said the following:

"I know there is at least one person in this room who is tweeting that I am unprofessional. I know that someone in this room has already sent Robert a text or an email expressing anger over a couple cartoons I used to illustrate my talk. I am aware that someone in this room is offended."

"Do you see how easy it is to affect the larger community? Do you see how easy it is to do harm to another individual or professional or organization by your actions?"

How powerful would that have been? 

I didn't think of this before I took the stage. I didn't anticipate the reaction. I didn't intend to offend anyone. But I did. 

Nonetheless, the lessons that resulted are valuable. So learn from them and apply them in your dealings with your clients and the EE community. Because the message I imparted in my presentation is still a very powerful one. 

I unwittingly set the ball in motion, but my lack of foresight in dealing with the small percentage of people who would take offense in no way negates my larger message. Nor does it negate my culpability.

I simply didn't plan for it. I truly wish I had. 

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Codes of Conduct  tag:www.16toads.com/journal,2011:/1.402 2011-10-25T13:54:25Z 2011-10-25T18:26:26Z 16toads domains@16toads.com My job as a speaker is to challenge the listener. Not simply by overwhelming the listener with mountains of CSS rules or pages of PHP. My job is to challenge their ideas, their perceptions, and their comfort. 

My job is not to assuage the sensitivities of a small number of individuals in contrast to the whole. This is the equivalent of designing for IE6. 

We can argue whether specific content in my talk was appropriate or not until the cows come home. If one were to judge by the overwhelmingly positive response of those present, the content was highly appropriate. From the stage, I saw a sea of smiling faces, men and women alike. "Appropriateness" is purely subjective, but content should still be judged based on context.

The two cartoons people have referenced were suggestive, no question. But they were in no way pornographic nor were they completely irrelevant to the context of my presentation. And the social commentary depicted in the cartoons was squarely aimed at ridiculing men, not women. I am absolutely baffled how the tenor of cartoons within the context of my talk was lost on the people who took offense and I am not alone in this puzzlement. 

The imagery should simply have never led to the massive overreaction it garnered. What is most distressing is that continued efforts by a few people to repackage the meaning of the cartoons to suit their own agendas poses a very real possibility of hurting far more than only my reputation and my business. This is completely unacceptable on every level.

I took responsibility for my talk and its content the moment I took the stage. I vetted the content with numerous people of both sexes prior to speaking and I practiced for weeks to make sure that my audience would get what they paid for. My audience got me, ALL of me. I never expected everyone to like me.

If we are talking now about a code of conduct for speakers, why are we also not talking about a code of conduct for conference goers? 

Why do conference attendees get a free pass for interpersonal or online conduct? Why do they get the ultimate power to judge? Why do they get the exclusive right to rip elements of a talk completely out of context and repurpose them to suit their personal morality or grievances? Why are they not required to explain in detail why they found a specific slide or comment objectionable? Why are they allowed to publicly defame a speaker over something they personally found objectionable?

This entire controversy was started by a single individual who used the word "porn" to describe a cartoon in my talk. No context was given. No description of the slide was offered. No explanation was provided to explain why this person found it offensive. Only a single word was tweeted and required by a jury of avatars to convict me of sexism. 

Terms like "porn", "sexist", and "misogyny" are used to end conversation. In situations like this, they are used to prove a point without providing context.  This is the equivalent of shouting "fire" in a crowded room. Once such language is used, it makes no difference whether the viewer misinterpreted the message, slide, or illustration. All conversation ceases. The accused is burned at the altar of morality and the accusers get to waltz away from any responsibility for their overreaction.

I'm not suggesting that people do not have a right to be angry or to engage in debate. Quite the opposite. I welcome discussion. 

But in my case, there has been no explanation, only accusation. Most importantly, there has been virtually no conversation with me whatsoever, only judgement. 

Over the past six days, I've been labeled sexist, misogynistic, immature, insensitive, unprofessional, childish, and a pornographer among many other insults in very public forums. I've also been called a "royal first-class fucktard" and incited a rabid group of social warriors who didn't even attend the conference to call for banning me from ever speaking again.

Behavior such as this is equally, if not more reprehensible. It's definitely hypocritical and it represents an alarming trend of vengeful reverse intolerance in our industry far more serious than a couple jokes about gender stereotypes that a few vocal people found offensive.

To the EE community, EECI, and EllisLab: I am truly sorry my cartoons have led to this debacle.

~Paul

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A Pricing Experiment tag:www.16toads.com/journal,2011:/1.399 2011-09-16T15:35:04Z 2011-09-16T17:20:05Z 16toads domains@16toads.com Over the past few years, I've compiled a list of over 300 people and companies in the greater Atlanta area who offer similar services. I suspect this number is low, very low, and I am willing to bet that comparisons between major markets would reveal nearly identical statistics. 

Atlanta is a tough market during a good economy. I've watched local rates plummet over the past four or five years due in part to the recession, but also due to a staggering overabundance of vendors. Nevertheless, the percentage of truly talented, committed, professional web designers and developers remains very, very small. 

A couple of months ago, I received an inquiry from a company I thought would be a good fit for 16toads and decided to pursue the job. My communications with this potential client were excellent, and I felt very comfortable that I had a good shot at landing the project. The client was also forthcoming about having spoken to two other vendors, one local and one out-of-state.

But I had a gut feeling. 

It is worth noting that both of the other shops I was competing against were familiar names among the larger design and development community. 

I decided to take a chance and conducted an experiment.

I bid low.

A week passed. Knowing full well that I hadn't been selected, I followed up with the client by phone after the deadline they had set for choosing a vendor.

He explained that he was very impressed with 16toads's work and our proposed solution; however, "We decided to go with [the other local shop] because they promised to meet all of our requirements in the initial build and were 'cheaper.'" 

Given a two-month timeline and a laundry list of requirements for the project, which included custom design, CMS development, custom programming, multiple site management, and a wish list that included RWD, I have to ask a simple question, "How do these other companies (my competitors) survive?" 

The bigger question this raises is how many corners will they be cutting to meet the client's requirements and expectations? 

If even the "best" among us are charging absurdly low rates for expansive solutions, we have no right to wonder why our services are so consistently undervalued.

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Stop Giving Shit Away tag:www.16toads.com/journal,2011:/1.398 2011-09-08T17:52:07Z 2011-09-08T20:48:08Z 16toads domains@16toads.com First, a point of clarification: Creative Commons is the polar opposite of Copyright protection. Creative Commons is the equivalent of "Open Source" software, whereas formal Copyright protection is the equivalent of AES encryption. 

Copyright

Under the U.S. Copyright Act, the work you create is automatically protected. All you have to do is place a © with your name and date on the work. Granted, this is essentially a placeholder and may or may not stand up in court, but if you can produce the native files or the original work, you do actually stand a "chance in Hell" of winning a legal battle. The only decision you will have to make is whether or not you have the funds to pursue the case in court. 

Obtaining copyright protection is a perfectly acceptable bit of advice, but it's not practical or necessary for every client. Unless you have a staff member who is willing to take on the process of filing for copyright protection for every project you do, I would argue that it is simply not practical for a small business owner to deal with the morass of paperwork, procedures and filing fees associated with obtaining official Copyright protection. It's an incredibly time-consuming and convoluted process.

Just one look at the U.S. Copyright Office's fee schedule will bear this out: www.copyright.gov/docs/fees.html

It would make more sense to offer Copyright protection as an optional service for your clients. Then employ the assistance of a lawyer or a third-party service who specializes in Copyright filing to handle the process for you. 

Contracts

"Intellectual Property" is a slippery slope because its interpretation can be twisted 1000 ways from Sunday by any competent attorney. That said, I absolutely do not agree with the infuriatingly "standard" practice of web design firms providing source materials to clients free-of-charge. 

You should be assigning copyright to your clients upon final payment. You should also be retaining your rights of authorship post project. Both of these items should be clearly stated in your contract.

This clause in Mr. Hoy's article surprised me:

Happy Cog will provide Client with all source materials and files for further reference, re-use, and modifications as deemed appropriate by Client for Client’s own business purposes.

I've had this conversation many, many times over the years, and the standard response is typically, "we just turn over the source files, it's easier." 

Creatives, generally, lack spines. This curious willingness to give away trade secrets in an attempt to mollify a client is, at best, ill-advised and, at worst, bad business.

Bear with me. When you eat at a fancy restaurant, do you expect the chef to graciously provide you with the recipe? When you bought your iPad, did you find a technical schematic in the box? Or when your wife purchases a couture dress, will the garment come with the pattern and a fabric sample attached? No. No. And No.

The web design industry is the only industry I am aware of that provides source files (recipes) to their clients free-of-charge. And it frustrates me when I hear of respected companies who help perpetuate the standardization of a practice that amounts to giving away services or products for free as if there is an ethical obligation at stake. 

Argue all you like, but my clients are paying for my solutions. The design and HTML files that make up the web site (solution) are the product. I don't throw in the recipe (source files) for free with the absurd expectation that it somehow makes my business relationships "easier" or "more secure". 

In reality, what benefit does providing the source files to a client actually offer the client? A convenient way to find cheaper help? Peace of mind (whatever that means)? 

Your source files reveal your methods of working; your trade secrets. You are under no ethical obligation to share your processes with your clients, so stop giving shit away and put the following clause in your contract:

All source files and original artwork, including sketches, digital files, and any other preliminary materials, remain the intellectual and/or physical property of Company unless purchased through payment of a separate fee. 

Oh, and IVAN HOFFMAN, B.A., J.D. can suck my !*#^ with regard to Works Made For Hire.

 

Disclaimer: I am not a lawyer either, and I am not licensed to give legal advice any more than I am capable of balancing your checkbook. This article does not constitute legal advice; it’s intended to foster discussion and provides only general information for your consideration. Furthermore, this article is not intended to cover all the issues related to the topics being discussed. 

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Halfway There tag:www.16toads.com/journal,2011:/1.397 2011-08-18T12:41:34Z 2011-08-18T12:37:35Z 16toads domains@16toads.com Every footfall has led me to places I never expected to be when I was weed-whipping at my home-town golf course after graduating from college. I did not start out with the intention of establishing my own business; you can rest assured that my high school guidance counselor would be equally surprised. 

Ours is a deeply frustrating, often times infuriating, constantly changing, absurdly competitive, pathetically cliquish, and highly rewarding industry. And I am very proud to call myself a creative professional. Self-employment is not a business for the faint of heart; it requires a determination and work ethic impossible to quantify and more impossible to teach. Either you have what it takes to succeed on your own or you don't. 

The most amazing truth about our business is that it is a constant learning process. Every day brings a new challenge that has the potential to open up your mind to new ways of thinking. Every challenge has the potential to lead you to the proverbial "big idea". Every idea presents an opportunity for growth - not just in your professional life but in your personal life as well.

Along the way, I've had the privilege to meet and work with some remarkable people, some unremarkable people, as well as a handful of complete assholes. I have a tremendous respect for my colleagues and a deep gratitude for my clients, without whom 16toads wouldn't exist. But I am most grateful for the people who choose to call me a friend.

Every decision in life is circumspect. I can honestly say, despite those few "what ifs" lingering in the rear view mirror, that I wouldn't change anything about my life. I'm neither as rich nor as famous as I once thought I wanted to be; I no longer care. 

I'm just enjoying the ride. 

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Design Position Available: Superstar tag:www.16toads.com/journal,2011:/1.396 2011-08-03T18:00:09Z 2011-08-04T15:15:10Z 16toads domains@16toads.com The following list of qualifications represent the "minimum" qualifications necesary to even be considered for a recent job opening at an educational technologies media company affiliated with a major state university.

Note: I've chosen not to reveal the school or media company for the simple reason that a friend of mine is one of the co-directors and she insists that these qualifications are perfectly reasonable.

The position available: Designer.

Minimum Position Qualifications

  • BA/BS degree in MIS, computer science or a closely related field AND 3 years of progressively more responsible professional experience in a variety of information technology areas related to the duties assigned OR a combination of education and progressively more responsible professional work experience in an area closely related to this position totaling 7 years.
  • Five (5) years of professional experience in designing and developing online applications and web environments
  • Experience in graphic design
  • Experience in Object Oriented Programming (OOP) across all required languages
  • Expertise with HTML5, jQuery, and CSS3
  • Expertise with PHP
  • Expertise with database design and engineering in MySQL
  • Expertise with ActionScript 3.0 for use in Adobe Flash CS5 and Adobe Flash Builder 4.0
  • Experience with Adobe Flash Media Server 3.0+
  • Experience with Final Cut Studio
  • Experience with Adobe Premiere and After Effects
  • Experience in designing and developing iPhone and iPad mobile applications using iOS 4

I mentioned that I got quite a laugh out of these requirements, stating that "there's no such thing as a computer science major who can design". I was informed that her media company already employs three such immensly talented individuals who are extraordinary developers as well as outstanding designers. Personally, I think it's perfectly safe to assume they embellished their resumes. 

No question, there are some fantastically talented and intelligent individuals working in our industry. But, in my vast experience, I've yet to run into a single individual who bridges the design / development divide completely. Finding an individual who is capable of working equally effectively from the right hemisphere of the brain as he is from the left is rare enough without throwing in the word "expertise". I count myself among that rare group, albeit accompanied by a self-imposed disclaimer, "I know my limits". 

What I find so astounding about the qualiications listed above is the shear scope of development knowledge, languages and applications in which the applicant is expected to be proficient. OOP, PHP, JQuery, MySQL, Actionscript 3.0, Final Cut Studio, Adobe Premier, After Effects, and Cocoa. My head hurts just looking at the list. 

As if that weren't enough, the applicant is also required to be a design superstar who is capable of programming HTML5 and CSS3 and has experience designing and developing for iPhone and iPad.

There may be one person in the entire world who can meet these requirements, but I am certain that there won't soon be a fourth such individual working for one small educational media company. 

However unlikely, I could be wrong.

The Hiring Conundrum

I understand that companies looking for quality help do what is necessary to whittle down the field of applicants. However, the problem with such expansive skill requirements is that applicants are nearly always forced to embellish or lie in order to get their resume in front of someone in human resources. More often than not, requirements lists like these are crafted by committee and the individual responsible for hiring doesn't have a clue what any of the terms mean, let alone can judge an applicant's proficiency based on a resume and smile. The new hire nearly always winds up learning on the job, which isn't necessarily a bad thing except that landing the job required dishonesty and his employer's expectations won't be met until the learning curve is flattened. 

Imagine how long it would take to "test" an applicant's proficiency in any one or all of the areas of expertise mentioned above?

In the end, hiring talent based on a fantastical requirements becomes a double-edged sword that waters down client expectations and product quality industry wide. 

 

Fellow professional designers and developers, what are your thoughts? Do absurdly expansive minimum skill qualifications like this help or hinder our profession? 

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Smart Business Begins With A Signature tag:www.16toads.com/journal,2011:/1.395 2011-07-21T12:38:47Z 2011-07-21T14:59:49Z 16toads domains@16toads.com In my sixteen years of experience, I have met only one self-employed creative of any kind who went the extra mile and obtained an MBA. Generally speaking, it's safe to conclude that this means the vast majority of independent creative professionals have taken on the enormous task of learning how to run a business on their own. Their entire experience is on-the-job-training.

This certainly has been my personal experience. I'm passionate about my business. I'm passionate about running an ethical business grounded on inviolate principles. I've spent as many hours absorbing the how's and to's of running a business as I have learning HTML and CSS or EE.

I'm always interested in listening to a colleague's experience or reading an article penned by someone who has weathered the test of time as an independent business owner. What frustrates me, however, is that I am routinely disappointed by their opinions or conclusions. And every now and then, I even find myself frothing at the mouth.

A recent article published by .net magazine is one such example. I have not met the author of the article, Carl Smith, who is the founder of nGen, one of the most respected web agencies in the country. I have no doubt that Carl is a fantastically interesting and decent man. And I want to make it clear that I have no grounds nor interest in assessing his character, but I am going to spend a handful of moments explaining why I find two of the opinions in his article "Charlie Sheen transformed my agency" entirely objectionable.

Everyone who owns his/her own business and who is passionate about said business should almost constantly be considering how to reinvent himself. This basic fact is the secret of success: Never be complacent.

So I was excited when I began reading Carl's article. I found myself nodding in agreement to many of his points … punctuated by a couple of stunning statements that sent my wee mind to places where the words "what the mother fuck?" is the only appropriate response.

I'll start out with the obvious:

"Be honest.

No shit. I'm always shocked when I hear people admit to having been not-completely-forthright in their dealings with clients. It frustrates me even more to learn that "respected" members of our community admit to having been dishonest with their clients.  The simple fact that people believe that they need to spin tales to make a client happy is precisely why I receive as many inquiries from unhappy prospective clients as I do.

Honesty is one of the cornerstones of my ethical guidelines. I have never and will never be dishonest with my clients. I'm well aware that honesty is hard to come by in life. I am also well aware that honesty is an inconvenience to our corporate overlords. One of the most unfortunate side effects of corporate malfeasance is that small businesses learn the wrong lesson from executive titans … that dishonesty is acceptable providing you earn a profit.

I've been called a lot names throughout my career but no one, and I mean no one, will ever be able to call me dishonest.

Honesty is a matter of respect.

My biggest gripe with Carl's article is one for which I am struggling to find a diplomatic voice.

Carl explained that nGen has stopped using contracts; rather, their client relationships are "based on nothing more than a virtual handshake and a deposit."

I am envious that nGen has been able to assemble a coterie of clients who are so trustworthy and respectful that a handshake and gesture of good will is enough to solidify a business agreement.

The problem with this fantasy is that we live in an incredibly litigious world. Promoting the idea that it is possible to accept someone else's money in exchange for services with a handshake is among the most irresponsible pieces of advice any professional can give newbies. And anyone in Carl's position should know that some young upstart will take his opinion to heart and begin building his business under the dangerous assumption that his business relationships can be equally as honest.

Whether or not a client or a vendor has the freedom to bail on any given project, the primary purpose of a contract is to protect the vendor.

I too have almost fully converted to hourly billing. I also purposely keep my statements of work vague so as not to get locked into specific criteria. Instead, I rely, exactly as Carl described, on emails and personal conversations to determine how my time is spent from one hour to the next. I don't respond to RFP's, and I stopped presenting formal proposals some time ago. But I never … Ever … Work without a signed contract. 

Yes, a signed contract is no guarantee that you will skate through a trial; however, a signed contract describing the various terms of your service is far more beneficial to you than a handshake. A handshake carries as much weight in a court of law as your mother's estimation of your character.

Maintaining a good client relationship versus dealing with a bad client relationship has exactly zero to do with a signed contract. The success of your business relationships is heavily dependent on your interpersonal skills. Nonetheless, there is a reason why the words business and relationship are combined when describing the client and the vendor. And what are you more likely to trust? A handshake and a promise? Or a document with a signature that establishes the responsibilities of both parties? Relationships of any kind are built on a foundation of trust; the primary difference between a legal business relationship and a personal relationship is the physical exchange of money.

Working without a contract is just stupid. Suggesting that working without a contract is somehow the key to gaining a client's trust is not only stupid, it is cosmically irresponsible. 

The only question an independent professional need ask himself is this: "Can I afford to take my chances in a court of law?" You may want to ask this question of yourself whilst you are looking at your wife and child or, if you have employees, at the people who depend on you to pay their mortgages. Can you afford $200,000 in court costs?

You may be one of the lucky people who will work his/her entire career without ever being faced with a legal threat. I truly hope you are. But I speak from experience when I say that being threatened with legal action is without question scarier than anything you can possibly imagine. One court case can not only ruin the business you have worked tirelessly to build, but also ruin the life you have worked so hard to enjoy. Are you prepared to lose everything based on a handshake and a smile?

Always use a signed contract. Fucking, period.

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Rationalizing Dissatisfaction tag:www.16toads.com/journal,2011:/1.394 2011-07-19T14:25:26Z 2011-07-20T15:14:27Z 16toads domains@16toads.com Striking a Familiar Chord

An article penned by Oliver Emberton of SilkTide entitled "Why we gave up web design after 10 successful years" has caught the attention and admiration of the greater design community. I found it exceptionally easy to relate to the conclusions Mr. Emberton draws from his experience simply because I do exactly the same thing for a living. I've had the same thoughts and have struggled with the same questions. There is simply no way I would not relate to his experiences. The difference, however, is that my rationalizations aren't so transparently one-sided. 

What he has described isn't a revelation in so much as he's seen the proverbial light as a business owner because he finally opened both of his eyes and saw the big picture; rather, he has simply opened one eye while shutting the other. His conclusions merely rehash the same tired complaints and rationalizations most designers bitch about every single day: Clients. Work. Money. Effort. Service. Product. Value. Happiness. Balance. Blah.

It's the same, never-ending litany of complaints directed almost entirely at our clients or the idea that "service" is somehow lower on the totem than product. 

I will argue that no matter what you do, you are always working for someone else.

Client or Customer: What's the difference?

My intention isn't to frisk Mr. Emberton, nor is it to suggest that his opinions and solutions aren't perfectly valid. My intention is to point out a blatantly obvious fact that seems to escape so many people:  Client is simply another word for "customer". 

Unhappy clients don't pay their bills. Unhappy customers don't buy your product. See how this works? Either way, if you aren't getting paid, it means that you are doing something wrong.

Whether you create a web site for a client or develop an application for a customer, the reality is that you are still beholden to your customers. Put another way, as long as another human being is giving you money with the expectation of getting something in return, you are working for someone else.

It's all the same. I'

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