Difference between revisions of "Consulting"

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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<ref>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.</ref> have an article "[http://www.techsoup.org/support/articles-and-how-tos/how-to-choose-and-work-with-technology-consultants How to Choose and Work with Technology Consultants]" Figuring out what your nonprofit needs and how much it will cost.
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== The Contract ==
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# http://rosskimbarovsky.com/contracts-for-software-and-website-developers.pdf
  
==Getting Started==
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=== Additional Reading ===
 
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# [http://fishmanlawandtaxfiles.com/books/a-legal-guide-to-web-software-development/ Legal Guide to Web & Software Development] (book with CD-Rom) 5th Edition by Stephen Fishman J.D. (Editor)
#[http://www.cameronhuff.com/blog/how-to-start-a-software-company/index.html Step-by-Step Guide to Starting a Software Company (Legally)]
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# [http://www.nolo.com/products/working-for-yourself-wage.html Working for Yourself Law & Taxes for Independent Contractors, Freelancers & Consultants] Stephen Fishman, J.D. February 2014, 9th Edition
#[http://www.cameronhuff.com/blog/becoming-a-contract-programmer-in-canada/index.html Becoming a Contract Programmer in Canada]
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# [http://www.amazon.com/dp/1430305843/ Software Licensing Handbook] 1st Edition by Jeffrey I. Gordon  
#[http://www.cameronhuff.com/blog/starting-a-web-development-agency/index.html Starting a Web Development Agency in Canada]
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# [http://www.amazon.com/dp/1590318498 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
 
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# [http://www.amazon.com/dp/0595402178 The Tech Contracts Pocket Guide: Software and Services Agreements for Salespeople, Contract Managers, Business Developers, and Lawyers 0th Edition] by David Tollen
==Who==
 
Who provides good guidance and legal advice in this subject?
 
 
 
#[https://www.omm.com/professionals/heather-j-meeker/ Heather Meeker] has long been visible in the open source world.
 
#[http://www.cameronhuff.com/ 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===
 
 
 
#https://network.bepress.com/law/computer-law/
 
#http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1927&context=fac_pubs
 
#Justin C. Colannino, [http://ir.lawnet.fordham.edu/ulj/vol39/iss4/2/ 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===
 
 
 
#[http://fishmanlawandtaxfiles.com/books/a-legal-guide-to-web-software-development/ Legal Guide to Web & Software Development] (book with CD-Rom) 5th Edition by Stephen Fishman J.D. (Editor)
 
#[http://www.nolo.com/products/working-for-yourself-wage.html Working for Yourself Law & Taxes for Independent Contractors, Freelancers & Consultants] Stephen Fishman, J.D. February 2014, 9th Edition
 
#[http://www.amazon.com/dp/1430305843/ Software Licensing Handbook] 1st Edition by Jeffrey I. Gordon
 
#[http://www.amazon.com/dp/1590318498 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
 
#[http://www.amazon.com/dp/0595402178 The Tech Contracts Pocket Guide: Software and Services Agreements for Salespeople, Contract Managers, Business Developers, and Lawyers 0th Edition] by David Tollen
 
 
 
==Negotiating==
 
 
 
*'''Listen'''. Listen to the other side - don't simply advance your own agenda. Understand what your client wants/needs
 
  
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== Negotiating ==
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* '''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.
 
and WHY they believe they want/need it.
 
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* '''Educate'''. Many of your clients will have little experience with software development agreements. Take a little time
*'''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
 
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.
 
when you take the time to educate your prospective client, and this will help you when you negotiate those terms.
 
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* '''Agree'''. You should agree when you can. Many minor issues are not worth disagreement. Think about your client's
*'''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.
 
points from THEIR perspective and find ways to acknowledge their points and concerns.
 
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* '''Reframe'''. Whenever you can, find ways to reframe issues instead of rejecting them. If you reject something your
*'''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
 
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
 
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.
 
questions that help you to reframe the conversation.
 
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* '''Know Your Limits'''. You should always know your walk-away position. In every negotiation, you'll have terms that
*'''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
 
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
 
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-
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every point a deal-
If you're looking for good books about negotiation, I recommend: ''Getting To Yes'' and ''Getting Past No'' ISBN 0553371312.
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If you're looking for good books about negotiation, I recommend: ''Getting To Yes'' and ISBN 0553371312 'Getting Past No''.
  
==Creating a Non-profit Foundation==
 
https://wiki.opensource.org/bin/Main/Projects/entities-wg/IRS+Ruling+Documentation/
 
  
==Government Contracting==
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== Government Contracting ==
  
 
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.
 
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.
  
[https://osgoodandassociates.com/ Osgood and Associates], headed by Dr. Deborah Osgood, offers a wealth of great resources and experience to draw from.
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[http://www.kisbd.com/ The Knowledge Institute for Small Business Development], headed by Dr. Deborah Osgood and Dr. William Osgood, offers a wealth of great resources and experience to draw from.
  
==Govt. Contracting Resources==
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== Govt. Contracting Resources ==
  
 
There is an entire industry to help you (lighten your wallet) in the pursuit of Federal and State dollars.
 
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
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* 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==
 
 
 
# 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}}
 
  
 
[[Category:Business Development]]
 
[[Category:Business Development]]
 
[[Category:Sales]]
 
[[Category:Sales]]
[[Category:Company]]
 

Revision as of 16:01, 31 March 2016