Consulting

Most of this page is about Consulting from the consultant's perspective. However, it's equally important to help clients select and engage the right consultant. With that in mind, the people of TechSoup^[1] have an article "How to Choose and Work with Technology Consultants" Figuring out what your nonprofit needs and how much it will cost.

Getting Started[edit | edit source]

Who[edit | edit source]

Who provides good guidance and legal advice in this subject?

Heather Meeker has long been visible in the open source world.
Addison Cameron-Huff in Toronto (great blog, developer and lawyer, blockchain aware)
http://rosskimbarovsky.com/contracts-for-software-and-website-developers.pdf Ross Kimbarovsky offers an annotated PDF, but it's nothing extraordinary.

Online[edit | edit source]

https://network.bepress.com/law/computer-law/
http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1927&context=fac_pubs
Justin C. Colannino, Free and Open Source Software in Municipal Procurement:The Challenges and Benefits of Cooperation, 39 Fordham Urb. L.J. 903 (2012)
Surprisingly, PandaDoc seems to have a fairly decent online template for a Independent (Sub)Contractor Agreement https://www.pandadoc.com/subcontractor-agreement-template/

in Print[edit | edit source]

Legal Guide to Web & Software Development (book with CD-Rom) 5th Edition by Stephen Fishman J.D. (Editor)
Working for Yourself Law & Taxes for Independent Contractors, Freelancers & Consultants Stephen Fishman, J.D. February 2014, 9th Edition
Software Licensing Handbook 1st Edition by Jeffrey I. Gordon
A Practical Guide to Software Licensing for Licensees and Licensors: Model Forms and Annotations (Practical Guide to Software Licensing for Licensees & Licensors) 2nd Edition by Ward H. Classen
The Tech Contracts Pocket Guide: Software and Services Agreements for Salespeople, Contract Managers, Business Developers, and Lawyers 0th Edition by David Tollen

Negotiating[edit | edit source]

Listen. Listen to the other side - don't simply advance your own agenda. Understand what your client wants/needs

and WHY they believe they want/need it.

Educate. Many of your clients will have little experience with software development agreements. Take a little time

to educate them about milestones, warranties, and other important terms. You'll nearly always develop credibility when you take the time to educate your prospective client, and this will help you when you negotiate those terms.

Agree. You should agree when you can. Many minor issues are not worth disagreement. Think about your client's

points from THEIR perspective and find ways to acknowledge their points and concerns.

Reframe. Whenever you can, find ways to reframe issues instead of rejecting them. If you reject something your

client proposes, you'll put them on the defensive. Find ways to reframe their ideas or points and to move the conversation further. If you're not sure how to reframe something, ask your client to clarify and in that process, ask questions that help you to reframe the conversation.

Know Your Limits. You should always know your walk-away position. In every negotiation, you'll have terms that

you can concede and others that you cannot. Understanding this in advance of the negotiation will help you to better articulate your views and to avoid wasting a lot of time. Make such terms clear to your client but don't make every point a deal- If you're looking for good books about negotiation, I recommend: Getting To Yes and Getting Past No ISBN 0553371312.

Creating a Non-profit Foundation[edit | edit source]

https://wiki.opensource.org/bin/Main/Projects/entities-wg/IRS+Ruling+Documentation/

Government Contracting[edit | edit source]

Let's start things off with "Government Contracting" is hard. It takes a lot of knowledge, experience and effort to become approved as a vendor for any given state or federal entity.

Osgood and Associates, headed by Dr. Deborah Osgood, offers a wealth of great resources and experience to draw from.

Govt. Contracting Resources[edit | edit source]

There is an entire industry to help you (lighten your wallet) in the pursuit of Federal and State dollars.

http://www.theasbc.org/?page=about_us

But that's because there is a big pot of money to chase

https://www.usaspending.gov/Pages/Default.aspx

Independent Contractor Rights[edit | edit source]

Right to a Contract
Right to Control
Right to Make Decisions
Right to Work When You Want
Right to Work Where You Want
Right to Advertise
Right to Receive Payment
Right to Work with Other Contractors
Right to Challenge Your Employment Status
Right to Manage Your Own Business

as explained at https://www.stonesalluslaw.com/business-law/independent-contractor-rights/

References[edit source]

↑ part of the TechSoup Global Network which is 65 of the world's leading civil society organizations who endeavor to improve lives globally through the use of technology. It's large vendor and enterprise nature, so it's not exactly a social movement but rather something to be aware of. For example, they have a program to help you move from local network to managed cloud services. While that is mostly an appropriate strategy, it also entails risks and certainly trade-offs. Thus, it's not the right thing in all cases.

[1] rt of the TechSoup Global Network which is 65 of the world's leading civil society organizations who endeavor to improve lives globally through the use of technology. It's large vendor and enterprise nature, so it's not exactly a social movement but rather something to be aware of. For example, they have a program to help you move from local network to managed cloud services. While that is mostly an appropriate strategy, it also entails risks and certainly trade-offs. Thus, it's not the right thing in all cases.

[1]