When is it worth it to do spec work?

As a graphic and web designer, I have run into numerous requests for spec work in my career. My last article for the Professional Artists League covered some of these experiences. Several colleagues have voiced their opinions that they never do spec work, and they do not offer any consultation or design ideas without a signed contract. I completely understand where they are coming from, but I keep running up against it and struggling with the question as to whether or not to take that risk.

It seems so simple, right? Just don't show anyone anything until you've gotten a signed contract. Unfortunately, in my experience, I've run into situations where this was not possible. It was either provide a few ideas up-front or walk away. I know you're supposed to "always be ready to walk away from the deal" but I've run into a few projects that have made my mouth water. I'm not new to this; I've owned my own design firm for 10 years, so I know I shouldn't be entertaining the idea of spec work. I am confident in my abilities, and any client is extremely lucky to secure my design services. I should follow all the advice I've gotten by not giving anything away for free. I know consultants get paid handsomely for their expertise, and many designers make a pretty good living.

On the flip-side, from the client's point of view: why would they commit to hiring someone before seeing initial concepts? Even if they respect someone's portfolio enough to request their services, why would they risk being stuck with and paying someone who can't deliver what they need? If a designer has no previous experience designing for the client's sector, why would the client commit? People are also used to free trials, whether it be the free HBO package Comcast offers for the first 6 months of service, or having an initial yoga class on the house to try out the studio. They expect it. And unfortunately, we as designers have no control over that precedent that has been set by the market. 

So is this all because design and consultation are undervalued? Is this because designers undermine their own success by doing spec work and offering services for free or at deep discounts? Am I contributing to this problem by toying with the idea of offering spec work? I know if you're not part of the solution you're part of the problem, but what IS the solution? I know we all have to stand up for ourselves. Nevertheless, clients still expect it and designers still do it.

Many professional designers and firms have come up against spec work too. Take the Atlanta Beltline identity system call for bids: dozens of well-renowned firms submitted hours of design and consultation for free in order to win the contract. Plenty of firms with no shortage of paying clients jumped on it. Why? Is this different from an individual offering spec work in the hopes that they get to add a well-known client to his or her portfolio?

So if you do submit spec work, how do you protect your ideas? If you present design ideas and consultation before getting a signed contract, what's to stop someone from taking your ideas and hiring someone else to implement them? Offering consultation without a written commitment from the client will not guarantee you the job, and will not stop them from tweaking your original ideas and having someone else develop them. How do you make sure you get the job without giving your work and advice away for free?

I recently had an experience where a non-profit approached me about redesigning their website. Although I don't fall victim to the "it will be good for your portfolio so you should do it for free, we're doing you a favor by LETTING you create these designs for us", I still would love the opportunity to take on this project. I don't currently have any clients like this in my portfolio, so it would benefit me to secure this contract. I also would be able to place my design credits on the website, which is great free exposure since their website gets a lot of traffic. 

The current designer manages the website on a volunteer basis. We're in the initial phase and this is the up-front proposal or bid for me to get the work. It's possible that if I don't offer a few initial designs they are unlikely to commit to hiring me for this project. Why buy the cow when you can get the milk for free? In these economically tough times, money is the primary focus for many people. Non-profits also have the excuse of being well, non-profits. I know it's not right, but I feel I must convince them it's worth it to pay for my designs if I want to secure this contract.

I was told that if the decision-makers were presented with an amazing alternative design to what they currently have, I would get the job, as well as being paid. Even though I would be offering some free consultation and design concepts initially, I figured it would be worth it. I came up with a few design schemes, and I created a detailed document in which I went through the current web site and outlined both designs and consultation for each page. However, I don't want to just hand over my recommendations and designs without a signed contract. I don't want them to steal my ideas to have their designer to develop them for free. I have nothing to ensure that I won't be taken advantage of.

I have tried to plan ways to protect myself and ensure that I get the job:  

* Bring only a couple of print-outs to the meeting and don't share any digital files.

* Make sure all decision-makers will be present at the meeting, so I won't need to leave anything behind to be passed along for further review.

* Don't present any ideas or designs without a signed non-disclosure agreement.

* Don't leave any designs without a signed contract. 

Even though it shouldn't be, this is a tough situation for me. The best way for me to look at it, at least at the moment is this: I dropped $1000 on some Earthlink stock back in 1999. That was a risk, but I took it anyway. My stock value has since gone down to $350, but it was a learning experience. From the outset I looked at it as a gamble, but one I was willing to take. I accepted the consequences and had a good laugh when I finally liquidated those useless shares. I didn't clear out my savings account to make the initial purchase, so it wasn't much of a loss to begin with. I'm trying to view this in a similar way. I'm willing to take the risk, and if I lose, so be it. I haven't invested enough time on the project for it to have put a significant dent in my workflow. Even if I lose the contract, I will get something out of it: my designs will certainly be a great addition to my portfolio. I'm going to keep my fingers crossed and make a promise to myself: if this doesn't pan out, I learned a very valuable lesson: no client is worth giving away free work to.

A good resource to follow this is the article "Why Spec Work is Bad" - http://thedenveregotist.com/editorial/2361/ten-reasons-spec-hurts-everyone