Discussion: View Thread

RE:Solo Consulting: The Good, the Bad and the Ugly

  • 1.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 14:13

    I receive these messages in a single email periodically, and have not had time to go through some very interesting messages until now.  Here are some comments on recently discussed topics:

    Business Structure:

    - I consulted "on the side" (up to 1 day per week) for 14 years while in academics and did so as a sole proprietor.  I never encountered any problems.  I've been a fulltime, self-employed consultant for 6 years.  The first 3 were as a sole proprietor, and again, no problems.  Our youngest son (a lawyer) advised me to incorporate in order to separate personal assets.  I really didn't want to do so, but one has to listen to one's kids!  The tax attorney I used recommended an S-corp, which is what I did.  Frankly, I'm not sure there's any real advantages, but I think some clients might like it better that I'm a "real" company (even though I'm the only employee).

    - When I was a sole proprietor, I was NEVER asked about a "business to business" contract, so I was surprised to read these comments.  I suspect that my "n" (number of clients) is sufficiently large as to make my assessment reasonably representative.  However, all of my clients are either pharma companies or investment companies/hedge funds who invest in pharma companies, so this may make a difference.

    - Incorporating did add some overhead, as I now have a tax attorney, pension attorney, penson actuary, and a CPA who are involved sporadically.  However, I have NEVER paid to have an attorney read consulting agreements and, frankly, have never seen the need for this.

    - My wife is the "CFO" and does everything using QuickBooks.  This works very well.

    - There were some messages about employee versus non-employee issues.  I don't see an advantage to incorporation versus sole proprietor in this area.  However, I suspect that there could be a difference if one is working more like a contractor (a lot of hours for one company) rather than as a consultant.  My median number of hours per client (counting only the clients that I work for in a given month) has always been in a very narrow range (3-4 hours), so no one has "accused" me of being an employee.

    Finding New Clients:

    - When I went fulltime as a consultant, I emailed everyone I knew.  I also sent unsolicited letters to companies in my general geographic area (San Diego area + also the SF Bay area).  The latter had a much lower "yield", but approximately 5% of such letters led to work.  I stopped doing "business development" after the first year, since "word of mouth" and referrals have been adequate since then.

    - Someone asked about websites.  Mine is very simple and I don't think that it's ever brought me work.  But it's nice to be able to refer people to it, since they can get my CV and other basic information there.

    Per Hour vs Per Project:

    - I strongly agree with the others who have posted.  I always work on a "per hour" basis.  There are too many unknowns to commit to a "per project" basis, so I do not recommend this.

    Other:

    - There is a very big difference between consulting I did "on the side" for 14 years (discretionary, no need to be nervous about getting work, having benefits, paid vacation, paid trips to conferences, etc.) and consulting fulltime.  It would be good if the planned session for the 2012 ASA meeting highlighted these distinctions.

    Chuck-------------------------------------------
    Charles Davis
    CSD Biostatistics, Inc.
    -------------------------------------------



  • 2.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 18:55
    I raised an issue in email with Chuck about using/not using an attorney and I'll share here.

    When I started consulting/contracting I had been told by others that they "just signed the contract" no attorney involved.  One of my first contracts, the client was in a hurry to have me start, and the contract process had dragged on. The contract finally arrived, and I looked it over, and noticed statements that seemed to my naive legal mind suggested that I suspend my constitutional rights.  I asked the person who gave me the contract  and they said "its our STANDARD contract". I decided to send it to my attorney.
    My attorney looked it over and told me "don't sign that contract at all". I called the client with more questions - and it was "ooops" Turns out that the I had been sent the wrong contract.
    From that time, I have my attorney review the contracts.

    Just as I would hire a statistician to do statistics, I have an attorney to read over the contracts I sign. The expense has been negligible.

    -------------------------------------------
    Chris Barker, Ph.D.
    President - San Francisco Bay Area Chapter of the American Statistical Association
    www,barkerstats.com
    -------------------------------------------








  • 3.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 20:27
    This is a good point.  We read each contract closely and at times send it to our attorney too.  I once had a contract that said I could not consult with any other client.  We pointed this out and after some discussion they changed it.  Again, they said that this was standard language. 

    -------------------------------------------
    Rocco Brunelle
    Senior Statistician
    Bowsher Brunelle Smith LLC
    -------------------------------------------








  • 4.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 20:56
    I recently had a client who wanted me to sign a contract that essentially said they could use my work product in any way they wanted.  This bit is not unreasonable, but there was additional language that added if the client was sued by a third party while using the work product, I could be liable for an unlimited amount. It may be unlikely, but you can imagine a client cherry picking through the results of statistical report, advertising a message that was not the statistician's intention and then getting sued for it.  My attorney advised me not to sign the contract with that language in it.  The client would not negotiate on the contract and I decided not to take on the project.  It might have turned out ok, but if it didn't, I could have lost a lot more money than the small consulting fee I would have charged.  Personally, I find it difficult to understand the language of some contracts and find my attorney's fee well worth the peace of mind.

    -------------------------------------------
    Colleen Kelly
    Principal Consultant
    Kelly Statistical Consulting
    -------------------------------------------








  • 5.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 21:15

     Good point. A well known statistician ( we probably all know the person) requires an "indemnification clause" on contracts. A lawsuit could cost countless dollars to you and/or your company.


    -------------------------------------------
    Chris Barker, Ph.D.
    President - San Francisco Bay Area Chapter of the American Statistical Association
    www,barkerstats.com
    -------------------------------------------








  • 6.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-08-2011 23:02

    I always read every part of my contracts, although I have not sent any out to a lawyer for review, yet.  I also make my clients aware, if I have conflicts of interest and usually add something if I think there might be a conflict of interest to protect myself, the client and my other clients.  There are contracts I have refused to sign and have asked the client to change things.   Usually I can get changes made, but if not, I walk away from the contract.  I do not want any issues arising.  I also have had contracts that protect the client and leaves me out to dry.  For example, it is typical for a client to pick up the travel costs, if they required me to travel.  This one client had it in the contract that I would be responsible for all travel costs.  When I asked them about it, they told me that, if they asked me to travel, they would pick up the costs, but they had too many consultants who had abused the travel policy, so they have written it that way to protect themselves from unnecessary travel.  They wanted me to "trust" them that they would pick up my travel expenses if it was required.  For me there wasn't any "trust" on their part and I refused to sign the contract.  That was just one little issue with that entire client, but it gives an example of how you need to be careful about what you sign and do not sign.
    -------------------------------------------
    Rebecca Hoagland
    Consulting Statistician
    -------------------------------------------








  • 7.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 06:21
    In my experience as a private consultant I usually get the standard non-disclosure and conflict of interest agreements to sign.  I don't have lawyers to look them over and have never had serious problems with them.  I did recently have a client use the name of my employer in the contract.  Since I was working for them as a private consultant and not as a designated signer for the company I asked them to chnage that.

    -------------------------------------------
    Michael Chernick
    Director of Biostatistical Services
    Lankenau Institute for Medical Research
    -------------------------------------------








  • 8.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 13:17
    Re: contracts and insurance. 

    We sometimes receive a draft contract that requires us to carry liability insurance for $1m or $2m. We do not carry insurance (I looked into it and decided not to do it), and I have always been able to delete that clause and have the client accept it. The one instance where they insisted on insurance was for my liability if i was driving to a meeting with them. My insurance company readily issued some very inexpensive insurance to cover that kind of commercial travel. 

    I think that at some point we may go for the commercial liability insurance, but not now. There was a discussion about insurance in this forum some time ago and it should be available in archives if someone is interested. 

    Best wishes,

    Nayak

    -------------------------------------------
    Nayak Polissar
    Consultant
    The Mountain Whisper Light
    -------------------------------------------








  • 9.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 13:23

    Errors and Omissions insurance is a good point to bring up.  I do have E&O insurance and it wasn't that expensive, but you can get a discounted group rate through some organizations (such as APA - American Psychological Association).  I think it would be nice if we could get a group rate through ASA.
    -------------------------------------------
    Colleen Kelly
    Principal Consultant
    Kelly Statistical Consulting
    -------------------------------------------








  • 10.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 13:36

    I have general liability and dropped E&O. It was about $2K per year.

    I had my auto insurance agent (Allstate) track down the insurance. She gets it through a broker.

    Yes, it would be nice if ASA could help with getting insurance.  Speculation on my part, I think they could mainly find an insurance broker who would get the policies.
    Possibly there is  a way to get a discount on GL and E&O  for a large group of consultants.

    -------------------------------------------
    Chris Barker, Ph.D.
    President - San Francisco Bay Area Chapter of the American Statistical Association
    www,barkerstats.com
    -------------------------------------------








  • 11.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 13:41

    I have general liability insurance. It costs about $500/year. I had never heard of E&O insurance
    -------------------------------------------
    Carlos Alzola
    President
    Data Insights Inc.
    -------------------------------------------








  • 12.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 14:13

    I have had a couple of clients that have required GL and Professional Liability/E&O insurance.   The Professional Liability/E&O insurance has been very difficult to find and is expensive.  Both insurance is based upon total gross income, so the more you make the more you pay.  The best I could do the last time is to pay over $6,000 for both and it took me about 2 months to find and lots of forms to try to explain exactly what my company does. 

    It would be nice if ASA could come help find a broker for GL and PL/E&O that will cover statisticians and statistical programmers. It would save having to try and explain to insurance brokers exactly what you do and how it fits in. 

    -------------------------------------------
    Rebecca Hoagland
    Consulting Statistician
    -------------------------------------------








  • 13.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 14:26
    Insurance

    Since several people have mentioned insurance through ASA, could someone who knows the ASA management and the ins and outs of ASA administration be in touch with ASA about that? How about one of the officers of our chapter? There are a million things to do in life, and they all take time, so I don't want to pretend that this is a trivial assignment.

    Best wishes,

    Nayak



    -------------------------------------------
    Nayak Polissar
    Consultant
    The Mountain Whisper Light
    -------------------------------------------








  • 14.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 14:34

    I think its easier than that. ONe is to  send a note to Ron Wasserstein and ask who to contact (Ron may be following this email thread).

    I would presume that its an issue for the ASA Board of Directors to decide.

    -------------------------------------------
    Chris Barker, Ph.D.
    President - San Francisco Bay Area Chapter of the American Statistical Association
    www,barkerstats.com
    -------------------------------------------








  • 15.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 15:24
    Just so everyone knows E&O insurance is errors and omissions.  It covers you in case you make a mistake and get sued.  It is essentially the same thing as malpractice insurance for doctors.  There can be quite a spread of premiums depending on what your practice involves.  For example doing sampling plans for real estate transfers can carry potentially huge liabilities and has high E&O premiums.  On the other hand relatively safe areas would have much lower E&O premiums.  To use the medical analogy again, obstetricians probably have higher malpractice rates than dermatologists.  ASA sponsored E&O for consultants has come up a number of times over the last 20 years but has not gone anywhere.  This is possibly because statistical consulting is like practicing medicine in the sense that your potential liability depends on exactly what you are doing.  On the other hand there may be enough communality that we could at least get an ASA sponsored provider for E&O insurance.

    -------------------------------------------
    Michael Ginevan
    M.E. Ginevan & Associates
    -------------------------------------------








  • 16.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 15:42
    I recently purchased E&O and a general liability policy.  The cost was $2400/year.
    Best, Dan

    -------------------------------------------
    Daniel Scharfstein
    Professor of Biostatistics
    Johns Hopkins Bloomberg School Public Health
    President, Saphire Consulting, Inc.
    -------------------------------------------








  • 17.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-10-2011 17:40

    Of course, the price depends on the coverage. The clients who wanted me to have coverage have insisted on minimum of $1,000,000, which I purchased.
    -------------------------------------------
    David Bristol
    Statistical Consulting Services
    -------------------------------------------








  • 18.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 14:08
    I agree that it is worth looking into whether ASA could get a group rate for us.  I have E&O insurance thru State Farm that costs about $1300/yr.

    -------------------------------------------
    Linda Pickle
    StatNet Consulting, LLC
    -------------------------------------------








  • 19.  RE:Solo Consulting: The Good, the Bad and the Ugly

    Posted 09-09-2011 13:38
    Concerning onerous insurance requirements: One solution, when you don't want to give up a project but the client insists that you carry (expensive) insurance, is to subcontract through a larger consulting firm that does have the insurance.  You can establish relationships with such organizations beforehand, usually by collaborating on other projects.  (The best are small to medium size companies where you can get to know the people who are in charge.)  Many are happy to oblige, in return for a percentage to cover their costs (typically about 10%-20%).  Sometimes you can raise your rates to compensate (informing the client of that is one way to persuade them to strike the insurance clause); otherwise, you have to decide whether the reduced rates are worth engaging in the project.  This has been an issue for me in about a dozen projects (out of several hundred) and was a deal breaker in only one.

    -------------------------------------------
    William Huber
    Quantitative Decisions
    -------------------------------------------