This is the Contractors & Freelancers page

 

 

Services for Contractors and Freelancers: 

 

I’ve been working with contractors, freelancers, and agencies since 1994 – for over 26 years.  I have a thorough understanding of the needs and issues affecting them, and of the industries in which many of them work.

 

·       Revisions service - Contractor-agency contracts: I am often asked to advise on these, generally at the pre-commencement stage;  most often I will revise the contract (and where necessary discuss each change and the underlying reasoning with my contractor client), so that (s)he can go back to the agency, with a view to negotiating changes.  The number of such contracts I have advised on is well into four figures.  I offer a fixed price service covering this requirement.  Service details...

 

·       Revisions service - Contractor-end client (direct) contracts – similar to the above;  the same fixed price service applies.  Service details...

 

·       Iterations - Often as a followup I am asked to advise on the agency’s/client’s responses – perhaps some changes have been accepted, some not, what is the overall position if the responses are accepted, should we push back further?  I help my client take his/her own informed decision;  this is a minor add-on to the fixed price service.  More...

 

·       Restrictions advice - Often, I am asked for commercial advice in relation to restrictions in a contract (generally an agency contract, or an employment contract) that has already started, or that has finished;  does the restriction stand up?  What does the restriction mean?  How might it impact on what I want to do?  Is there a way around it?  The conclusion is often surprising.  Again, such advice is generally offered as a fixed price service.  Service details...

 

·       Diagnostic review (fixed price service) – you have a problem, is there anything you can do about it?  This service consists of an initial review by me, and then discussion with you, to help you take an informed decision as to whether or not the problem may be worth pursuing further.  It is offered for a fixed price of £350+vat.  More…

 

·       Disputes (Contract HELP!)– most often, these revolve around termination and/or getting paid, though there may be other issues as well, such as allegations of breach of confidentiality.  The first thing a contractor/freelancer needs when a dispute begins to loom is a clear understanding of his/her legal position, strengths and weaknesses – the essential foundation for an informed decision.  Often, as the next stage, a letter is needed, to spell out the contractor’s case, in a persuasive way, and to try and find a satisfactory resolution.  This kind of help is often given.  Service details...

 

·       Drafting contracts and terms of business for consultancy and other services.  Service details...

 

Information of particular relevance to Contractors and freelancers:

 

·       AWR cases index

 

·       Contract breakers –naming and shaming end clients with a track record of imposing mid-term rate cuts – is the client you are thinking of contracting to on the list?  Or do you have an experience to report?  More...

 

·       Implied contract terms for interest & fixed payments/costs in the event of late payment – Late Payment of Commercial Debts (Interest) Act 1998

 

·       Working Practices Questionnaire, designed to collect the evidence, preserve it, and present it in the most helpful way

 

·       IR35 & employment status cases

 

·       Published articles:  Links to articles relating to contracting and freelancing that I have written or contributed to, in Contractor UK, ContractorCalculator, and elsewhere.  More...

 

Revisions service - Advice on the terms of a New Contract - Fixed price service £500+vat

 

This service is intended to cover the situation where you are presented with a contract drafted by someone else (eg an agency, or a client) to sign. 

 

·        Rule 1: Make sure you understand the contract and all its implications before you sign.

 

·        Rule 2: Treat everything in the contract as negotiable until you sign. And don't be afraid to negotiate!

 

·        Rule 3: Don't leave home without it - make sure all terms are agreed and signed before you start work.

 

This is how the Fixed Fee service works:

 

·       Make contact with us, either by mail, or by phone (020-7947-4429) and let us know the general situation about the proposed contract.

·       We email you a questionnaire, which you complete and return (please don’t use an old one, the content does change from time to time!). 

·       You send us a copy of the proposed contract - WORD if possible please, though we can work with pdf

·       Based on the information you have provided in your questionnaire, we draft revisions to the contract, in the form of a WORD document, showing the required changes in redline/strikeout, and mail that to you.  

·       we give a provisional time when we can take a call from you to discuss any points you would like to clarify

·       You read through what we have sent you, and then (if you wish) call us to discuss

·       You go back to the agency / client with the required changes, and negotiate the amendments direct with them

 

We offer this service for a fixed price of £500+vat.

 

Iterations:  You may have no difficulties in dealing with the Client/Agency, and be able to handle any negotiations yourself directly and without further input from us.  If however you do feel you need assistance, we can provide it.  There are two ways in which this can be approached:

 

1   you front the negotiations, and just come to us for advice as and when you feel you need it; most contractors choose to deal with it this way – and it is less time consuming for us, hence cheaper for you.

 

This is dealt with as an 'iteration' - which will generally consist of

·       you sending us the document that has been returned;  

·       we double check the differences between that and the document you had sent them;  

·       we evaluate the significance of their further changes, and

·       we discuss with you, so you understand the meaning and impact on the overall position, and are able to go back and discuss with them, knowing what is important what is not, and why.  

·       Where appropriate, we draft proposed wording for any compromise changes.

Iterations are changed at a fixed £350+vat.

 

2   We front the negotiations, and take instructions from you as required.  This is charged at our normal rate for time-charged work, which at present is £350 per hour +vat.

 

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Restrictions Advice

 

Often, Contractors and Freelancers may find themselves in the position where they have signed a contract containing a term which appears to restrict their rights to work for the Client, other than through the same agency, for some future period. This can often tie the Contractor's hands in an unsatisfactory way.

 

Sometimes such terms are enforceable, and sometimes they are not;  a range of factors need to be taken into account. The law will look closely at such terms before deciding whether or not they are enforceable.

 

To understand the effect such a term has in any particular situation, it is necessary to consider the real-world scenario into which the contract fits, and then to carefully review the whole situation, including:

 

·       who are the parties to the contract?

·       what exactly are the relevant contract terms?

·       what exactly do those terms mean?

·       how do those terms affect you, and what would amount to a breach of those terms?

·       are those terms enforceable?

·       what would be the consequences of a breach?

·       is there a way in which the position might be strengthened or safeguarded?

·       overall, what the wisest course of action?

·       and are there any lessons to learn for next time?

 

We'll need to see a complete copy of the contract and of any extensions, together with any relevant correspondence; and we'll need a summary of the real-world situation -  email.

 

This is generally a fixed price service - I aim to be able to form a view and give advice sufficient to allow my client to take his/her own informed decision within a total of 2 hours overall, so budget for £700+vat;  if, unusually, I felt more time were required we would discuss and agree that first.

 

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Disputes (Contract HELP!)

 

This service is designed to assist:

 

·       with the queries that may arise during a contract

·       if it begins to look as though things may be going wrong

·       if you find you need to try and get out of a contract

·       worst of all, if you're having difficulty getting paid promptly

 

If you think you need help here, mail us with details, and we'll discuss it.

 

Initial diagnostic review (‘is this worth pursuing or not?’) for a fixed 1 hour cost of £350+vat.

 

Subject to that, we'll charge on a time basis.

 - if it appears worthwhile pursuing, we will discuss what we can do to help, and the likely cost

 - in most cases we can give initial advice and help to get things started for between 1 and 2.5 hours work. And we can keep you informed of the cost throughout.

 - we can accept a 'ceiling' - ie 'don't let the bill get to more than £x without my ok'.

 

Confidentiality applies, of course. We will acknowledge your right of confidentiality in connection with anything you disclose to us, and we will not disclose it to anyone else save to such extent as may be authorized by you or required by law.

 

Here's an extract from an unsolicited mail a client sent me after I'd recently helped him out with this service:

 

*From:* [name & email on file]
*To:* roger@egos.co.uk

 

Roger,

 

This message is to thank you for your help and advice regarding the difficulties I had recovering payment from my agency.

 

The agent was legally well represented and although their position was unfair and wrong, I suspected I would end up losing.

It was a desperately unsettling experience for me and one which I wish I had been better equipped to deal with. The best decision I made was to contact you.

 

I received the following invaluable assistance.

 

- A calm and authoritative voice of experience, which above all reduced my feelings of panic and allowed me to view the situation more rationally.

 

- Highly professional and prompt service. I was extremely impressed with the speed at which you reviewed and responded to the documentation I forwarded to you.

 

- Production of highly effective letters to my adversary. The bottom line is I would not have known what to say, and the letters you provided WORKED!

 

Thank you once again, I would (and will) highly recommend your services to anyone facing contractual legal problems.

 

Yours sincerely,

 

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Contract Drafting

 

This service is for when you make an arrangement with a client to work for them direct, without using an agency - and they say 'Have you got a form of contract to cover this that you can send us?'.

 

You need to be confident that the document you produce will:

·       Protect your interests, so far as possible

·       Be suitable for you and your business

·       Be in a form likely to be accepted without (too much) dispute

·       Be clear and easy to understand

·       Cover all the relevant points - both the obvious, and the less obvious

·       Be well presented, and enhance the professional image of your own business in the eyes of your potential client

·       Be prepared by a professional who understands your industry, as well as the relevant legal considerations

 

Once we have sufficient information from you (on a no-obligation basis), we will indicate the cost.  This will include:

·       initial discussions - e-mail, phone, or both

·       first draft

·       discussions on first draft

·       revised draft

·       further discussions to finalise

·       final document

·       all necessary incidental advice

 

If there is a proposal (or even an exchange of emails) outlining the tasks and the payment basis, let us see that - just mail us - and we’ll ask if we need more information.

 

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This is the Contractors & Freelancers page

 

Links to:  Index - Welcome / What We Do - Contact Details & Availability - Contact us – Terms of Business

 

 

This page was last updated 18^th April 2024.

 

Egos Legal Limited is a company incorporated in England (company no 12049156, VAT no 328-0411-32), registered office Suite 2A1 Northside House, Mount Pleasant, Barnet EN4 9EB is licensed to use the registered trade mark egos in connection with the provision of services within UK.   Egos Legal Limited provides documentation packages, primarily to Umbrella, Engagement Intermediary Service Providers, and Management Companies, and to Agencies and Employment businesses. 

Office address:  Eastside, Kings Cross Station, London N1C 4AX

 

Egos Consultancy Limited is a company incorporated in England (company no 06990745;  VAT no 144-9869-63).  Its registered office is Suite 2A1 Northside House, Mount Pleasant, Barnet EN4 9EB. Egos Consultancy Limited provides services under the registered trade mark egos.

Office address:  Eastside, Kings Cross Station, London N1C 4AX

 

Disclaimer of liability:  The information on these pages is provided free and for information only, and is provided 'as is'. Whilst believed to be correct, it is in no way comprehensive. It is provided for your interest only and is not intended to be relied on as formal legal advice. The posting of information on these pages is not intended to create a lawyer-client relationship, and you should not act or rely on this information without seeking professional advice. No liability is accepted therefore for any errors, or for any losses that may be incurred if it is relied on.

 

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