Hey, we cancelled you. Why are you invoicing us?

It is Tuesday, the day after the Labor Day. I just learned that the deposition interpreting assignment I am about to leave for was cancelled yesterday.  Confirmed with the Court Reporting firm on Friday, I had to turn down two other jobs after booking this one.  The scheduler‘s message closed with “Please call as soon as you get this message”.  Well, at the moment they called, I was in thigh high waders slogging through protected wetlands, photographing an elusive Ibis.  I was not working.  My voicemail recording noted the holiday, that I would return calls on the next business day.  All of this was in my Rates and Terms Sheet they had accepted when they assigned me.  I returned the call, mentioning I would have to invoice due to less than 24 hour business day cancellation.  The scheduler responded “But, I emailed you on Sunday”.  No, you emailed Monday and either way, Saturday, Sunday and holidays are not business days.  I was more disappointed in her reaction than in the cancellation.

We freelance professional court interpreters have standard terms that cover cancellations.  I present them in writing and ask that they be acknowledged and accepted in writing before I accept an assignment. The danceScan

Sometimes they are dismissed as unnecessary.  When I invoice, I’m sometimes told it’s unfair.

Here’s why cancellation charges are reasonable and necessary:

  • I give you the chance to opt out from scheduling me when you are asked to review and accept my terms.  Equally, if your terms are unacceptable to me, I can opt to not accept assignments from you.
  • You can tell the law firm client about my terms and they can opt to try to find someone with different terms. When I accept your assignment it is a priority on my schedule.
  • I turn down other clients to take your job.
  • I cannot replace that income in less than 24 business days.
  • If I allow everybody to cancel without consequence, I could go for weeks without an income.
  • Emergency legal setting cancellations happen and can be accommodated but so do non-emergency cancellations caused by scheduling errors and uninformed witnesses.  Forgetting to notify us happens a lot.

Here’s the solution:

A professional interpreter will schedule in a professional manner.  You can count on us, you can know what costs are involved, and you can relax knowing we will be on time, respectful to your client and interpret with complete accuracy in accordance with our oath.  This is how we show our respect working in a respectful environment.

Make the time to ask for our terms or offer yours. Include your expectation of 24/7 accessibility.  Whether or not you are able financially to negotiate, be honest with us.  We share our experiences with agencies in professional networks.  Don’t be left stuck with only interpreters who will let you down.

The Inevitable for Freelancers. Assignments can be canceled or postponed.

CourtDomeCertain types of cases have defendants that are encouraged to stop the litigation or discovery process and come to a financial agreement or a punishment agreement.  In civil law this is called to settle, In Criminal law this is called to take a plea.  Procedures that are scheduled in advance will be canceled when a plea is entered or when the two parties agree to a settlement.

So you should consider the potential cancellation of a deposition or hearing or trial in civil court and a hearing or trial in criminal cases.  Part of being professional is being prepared to protect yourself financially from such losses.  At the same time, being a good professional means knowing how to not antagonize a client by penalizing them for performing in the best interests of their client.  So, know that these types of assignments can be cancelled at any time by the attorney, the court or the agency.  And learn what your market standard is for a minimum charge for a cancellation during a certain time frame.

Assignments can be postponed.

       In civil court, a trial can be postponed if the Judge decides to order the parties to go to mediation.  Interpreters may not be necessary during mediation.  The parties may come to an agreement and settle as a result of mediation so you will lose the assignment altogether.  Or they may not settle and the trial would be rescheduled.

         It is important to hold on to your client and not make over burdensome demands but preserve your financial integrity.  You have to know the possible change of direction the legal process can take that can turn a postponement into income producing assignment or a loss.  You should have a postponement policy in place that you ask the client to agree to, in writing, when you first accept the assignment or enter into a contract with your client.  It is considered unprofessional to notify the client of a change in terms or fees after you accept an assignment.  But much like what the parties experience in the outcome of a mediation, you are going to have to accept less of your goal fee and the client is going to have to pay more than they hoped they would.  This is a situation when you should blend familiarity of your market standards with flexibility in your terms.