| Most lawyers get to see this movie from time to time with their own clients; the bar has developed some folk wisdom that gets preached at continuing-education conferences and in bar-association publications. (Usual disclaimer: Don't rely on the following as a substitute for legal advice, YMMV, etc.) 1. If you signed the client's contract form, that likely is what governs; it's unsurprising that they don't want to sign yours, because that could lead to confusion if the terms are inconsistent. 2. [EDITED] It's super-important to put task expectations in writing, UP FRONT, even if just in a quick email, in part because: (a) Putting expectations in writing will help you keep the client happy about your results. Whether or not the client should be happy is of less importance than that the client pretty much always gets to decide: (i) whether to hire you again, and (ii) whether to recommend you to others. (b) If a dispute arises later, it's easier to dissuade the client from behaving badly if you can show them a writing to which (you can argue) they previously agreed, even if only implicitly. (c) In the (unlikely) event you end up in litigation, courts tend to give more credence -- other things being equal -- to contemporaneous written documentation than to after-the-fact witness testimony. Courts realize that memory is fallible in the best of circumstances, and also that witnesses can have axes to grind, scores to settle, agendas to advance, etc. 3. It's not unreasonable for a client to want to cap what they pay for Task X. It's a different question if they want to do that after you've already finished Task X on an agreed per-hour basis. 4. To get a better "estimate of the situation," you might want to consider whether you're really an independent contractor, or whether instead you're an employee and thus entitled to certain legal protections (which can vary depending on where you are). [1] 5. [ADDED:] I agree with the commenters who suggest having a tactful conversation with the client in a collaborative tone. 6. If you still have problems going forward, you need to think seriously about whether to continue working for this client. Some clients just aren't worth it. [1] http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employ... |