Dear Nanay,
I am writing to you on behalf of my husband, who’s an architect. He was asked to design the house of a friend (a recent retiree from a topnotch international bank) and had been working on it for the past 14 months. It took quite a while for him to get things done because changes were always asked to be made on the design. He was quiet about it and he dutifully made the changes asked of him, like the location of the stairs, etc., until this June when things were already heading toward securing the necessary building permits. At this time, he had even paid for the services of a draftsman for the final drawings. But suddenly, there was an e-mail sent asking us to hold everything — until further notice from our friend. That’s when she went back to the US again after her short vacation here.
We haven’t heard from her since then — it has been about three weeks. Unlike lawyers who charge an acceptance fee before they render services, my husband, for all his work, hasn’t gotten a single cent. If you were in our place, what would you do, Nanay? Definitely, there is an unfair and unfortunate thing that happened here. The only explanation I got was that her young architect godson — who is also her nephew — and another relative who is an engineer are asking for the project and she appears to be considering their proposals.
Ganoon na lang ba yun? (Is that all there is to it?) We need your advice, Nanay. Thank you. — CCM
Dear CCM,
It is always difficult when people are put in a predicament like yours that involve friends or relatives. Siyempre, mahirap iyan kasi magkakahiyaan (Of course it’s a difficult situation). However, I also think you have to do what you have to do to protect your interests — but in a nice way.
The first thing I would do is send a very nice letter explaining your situation. Include the background information on how the project was started and a detailed account of the work that the client has already requested your husband to do, including changes. Then say something like “I understand if you would like to discontinue our professional engagement, however, in light of all the work that you have already engaged me to do, I have to bill you the amount of _____.â€
Send the letter and have it received.
Remember, keep the letter very professional. Don’t start a fight. That is not what you want to do from a professional or personal standpoint. With the letter, who knows? Maybe they will pay your appropriate professional fees and that will be the end of the story as everyone goes home happy.
The problem, of course, is if they do not pay. Then you will probably have to send a reminder letter and attach a copy of your previous letter. If that still does not work, then it will be time to consult a lawyer.
Actually, if you really want to be safe, I would consult a lawyer from the beginning before sending the first letter. The only thing I am afraid of is that lawyers have a way of writing that sometimes make the letter less personal and less friendly. And I think given that the client is your friend, you need to try the “friendly†approach first. Maybe what you can do is draft the letter and show it to a lawyer if it is okay to send. Do not have it edited, just ask if it is okay to send the way it is.
For future reference, it is always safer to have some kind of contract or letter of engagement with all clients. These contracts do not have to be long or complicated. A simple one- or two-page agreement will do. The only thing that it really needs to spell out is the basic understanding between the professional and the client including what happens if the client suddenly withdraws. It can also include some kind of schedule of payment. Something like the client needs to pay 25 percent every three months? Or maybe the professional can send progressive bills every time the total hits P10,000 or P20,000? You can consult your lawyer on the form of this agreement and use it as a standard letter of engagement for all your clients.
Sincerely,
Nanay
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Consult a lawyer for cyber bullying
Dear Nanay,
I want to ask your advice on what I should do about cyber bullying. How can I file a case because I know who the person is? Please let me know what is the right thing to do. — M
Dear M,
It is very hard for me to give you legal advice on how to file a case against a cyber bully because I do not know all the facts and most especially kasi hindi naman ako abugado (I am not a lawyer).
So the best advice I can give you is to consult a lawyer. Give him all the facts and be honest with him and hopefully he can give you proper advice on how to handle your problem. Good luck!
Sincerely,
Nanay
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If you have a question, email us at asknanay@nationalbookstore.com.ph or just drop your letter at drop boxes in all National Book Store branches nationwide.