“Quantum meruit,” in the old tongue

Writing is my livelihood, and probably yours too. I have an expectation that I will receive fair value for my work, but there seem to be a lot of people out there willing to work for peanuts, or even less.*

Herein lies the concept of ‘quantum meruit‘ — reasonable value of services.  I’m mentioning it for more than a simple rant about the low payment offered by some individuals. It’s a very valuable little piece of contract law that might help you out in your many productive years of freelancing.

There are two situations in which the idea of quantum meruit is applicable.

  1. If a person is employed (expressly or implicitly) to work for another without any agreement as to his compensation, the law considers it an implied promise on the employer’s part to pay the worker for his services.
  2. If a worker has a contract with an employer, and the employer halts work, generally the worker is entitled to compensation for the work he has already completed.

Contract law has a few more nuances, and I do recommend that you get some legal advice before threatening to sue a non-paying editor. But there it is — you have a right to be paid, even if you don’t have a contract or a set rate. You also have a right to be paid for killed work, although it is a bit more complicated — since you maybe able to sell a piece to another market, you may not be able to collect any payment.

*Perhaps peanut shells?

Word Count: August 16, 2007

1,494 words feel good, although, unfortunately, it wasn’t a power of 2 like yesterday’s count. Even if I didn’t get any comments over here, apparently all my geeky friends noticed. I feel very validated.

Secrets of a Good Email Address

You’re a professional, skilled and expensive, right? Then why, in the name of your bottom line, is your email address 2cute4words@hotmail.com? Cute just can’t cut it. Use cutesy for your friends and family, if you want. But for those important queries and editor contacts, use something a bit more professional.

What goes into the construction of a good email address?

There are actually multiple schools of thought on the actual name portion of your address. I’ve seen encouragement to include a word or two of what you do — like markthetravelwriter@randomemail.com. Personally, I disagree. First off, it ties you down on what you can do. Think about this: a company needs a brochure written and considers you, but in the end  skips you over because “he must only do travel writing.” Secondly, I don’t think it’s all that professional. I think your name, or some combination of your initials and name are very professional looking, and doesn’t tie you down at all.

The bits after the at sign are just as important as what comes before. Hotmail addresses imply a disposable nature, and to a lesser extent, so do most other free email providers. If you have a personal website,* it’s more than worth your while to use it as part of your email address. I can’t tell you how many times I’ve gotten email addresses and then checked out the associated web page. It’s good marketing sense.

If a personal website isn’t an option, check around to any websites you’re associated with — writers’ groups, etc. A lot of places offer email addresses. Then, we come back to the free, easy to get email addresses. There are hundreds of sites offering free email addresses. And if that’s the best option for you, I won’t argue. I will, however, tell you that I use GMail. It does everything, include sit up and beg. And if they’re still requiring invites, let me know and I’ll send you one. One added benefit of using GMail —  I give out my email address to everyone. No spam has hit my inbox this week. No legitimate emails have gotten classified as spam. It’s a beautiful thing.

*If you don’t, don’t worry. I’ll be yelling about them later. Same Bat channel, same Bat time.