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Respond now or you will be out of luck… January 27, 2011

Posted by Jill (@bonnjill) in Business practices.
17 comments

There is a new project in the [Agency] Order Pool. We have matched this project to your translation abilities and would like you to confirm your availability and interest in completing this assignment. The Order Pool is designed to notify all eligible translators of new projects. By confirming your interest in a project from the Order Pool, you are not guaranteed to be assigned that project. Please do not begin working on this project until it has been assigned to you.

There is nothing I hate more than receiving a generic e-mail from a client that has been sent to what seems like every single translator in their database. By the time you click on the enclosed link to look at the job (even if the e-mail arrived in your e-mail inbox a second ago…) the job has inevitably been accepted by someone else and is no longer available in “the queue.”

I have gotten to the point where I automatically delete these e-mails without even looking at them. I understand a system like this saves the project managers a lot of time since they don’t have to keep contacting translators who may not be available; however, I feel this also makes the company so impersonal that I no longer want to work with them. Looking at my client list I seem to prefer agencies who value me as a translator and show this by taking time to determine my availability and sending me a personal e-mail or quick Skype or Twitter message. If you run an agency and are reading this blog I hope you will consider this post and the comments below when you are deciding whether or not to implement such a system.

So dear readers, how do YOU feel about automated e-mails? Do you prefer them? Do you hate them as much as I do? I’m sure everyone here would really like to know what you think about them and why.

Are you a whiner or a winner? January 19, 2011

Posted by Jill (@bonnjill) in Business practices, Random musings.
13 comments

WordCount had a great post back in December entitled As a freelancer, are you a whiner or a winner? that has me frequently reflecting back on it in my dealings with clients or while reading translation listservs. She offers a very good example of a winning football team in Oregon and how they won the championship through hard work, grit and determination. She then equated the story with being a freelancer, and it really hit home because it is true in our profession as well.

Too often I hang out with writers – in person or virtually, on writer message boards and forums – who spend a lot of time complaining about how hard they have it. This editor isn’t returning their emails. That one took months to get a story back. This assignment only pays 50 cents a word. The industry is changing,  the markets they used to work for aren’t there anymore and there’s nothing to replace them.

To which I say: suck it up.

Nobody forced you into this profession, and nobody’s making you stay.

Times are tough, but complaining isn’t the answer.

The answer is hard work, commitment, creativity – and attitude.

This is very true in our industry as well. It seems as if people are constantly complaining about “The Recession” or thinking that the sky is falling (or prices – same difference). It is this self-perpetuating negativity that keeps bringing a lot of people down. They spend their time thinking negative thoughts and thinking this behavior is normal. Since reading this article I realized I could either listen to the whiners or ignore all the negative talk and keep plugging away and being successful.

I support myself translating full-time, and I wouldn’t have it any other way. I am having a slow week at the moment, but I am relishing having a little time off to recuperate. Back in December when this post came out I had five translation jobs on my desk, and I had just turned down a proofreading job due to the next-day deadline. I have enough work to keep me busy most every day, and I have worked very, very hard to get here.

As an undergraduate I had an Advanced Composition teacher who belittled my German skills, and I had to work hard for the Bs and Cs I earned when I was used to getting As and Bs in everything else. I studied abroad the next year to improve my language skills and graduated from college cum laude with a double major in German and Russian. In grad school I had a teacher accuse me of cheating on an interpreting assignment when that wasn’t the case. I graduated anyway, and he later apologized to me. I also constantly felt that my German wasn’t as good as the other students, so I moved to Germany after I graduated to improve my language skills. After those six years in Germany I have an excellent grasp on the language AND the culture. When I was an intern in Germany the owner of the agency told me I couldn’t translate because I had made two errors in translations that were way beyond my abilities (texts on steel processing and making paper). He did not consider the 40+ other translations that I had translated before that without a single complaint and with nothing but praise. I stayed in Germany and proved him wrong, supporting myself as a freelancer for five more years (and have never again accepted a translation that was beyond my abilities). When I moved back to the United States I had to market myself and worked very hard by sending out resumes and networking, attending conferences, participating in listservs, writing articles for my local and national translation associations, and presenting at ATA conferences. If I had listened to all those people who kept telling me I wasn’t good enough I wouldn’t be where I am today – a single woman who supports herself as a freelance translator. I don’t need to have a second job to pay the rent. I am successful doing something that I love.

I get really tired of hearing people complain on listservs about the ATA, about clients who don’t pay on time, about agencies and their deadlines, about prices, about their colleagues, etc. Life is what YOU make of it. So the next time you find yourself wanting to complain ask yourself “Are you a whiner or a winner?” and act like a winner. I promise it will be self-fulfilling.

Money, money, money… Money! January 14, 2011

Posted by Jill (@bonnjill) in Business practices.
9 comments

For U.S.-based translators, tomorrow’s January 15th and quarterly taxes are due. You should also be thinking about getting your tax preparation started. (Thanks to Caitilin I now know we have until the 18th (see the comments). Thanks, Caitilin.) This fact and the blog post cited below have me thinking about money today.

Even though this blog is run by a company pushing their online invoicing/billing system, this guest post by Joseph D’Agnese & Denise Kiernan, authors of The Money Book for Freelancers, Part-Timers, and the Self-Employed (Crown/Three Rivers, 2010) entitled Five Money Mistakes Freelancers Make is well worth reading. These tips bear repeating over and over again, because freelancers need to hear this advice and embrace it. If you don’t I can guarantee you will have sleepless nights worrying about how you will pay your bills and could possibly run yourself into bankruptcy (if you don’t follow tips #2 and 3). Been there, done that (the sleepless nights – not the bankruptcy part).

They include:

1. Mistake #1: Not Having an Emergency Fund
2. Mistake #2: Not Saving for Taxes
3. Mistake #3: Not Paying Estimated Taxes
4. Mistake #4: Not Treating Yourself Like a Business
5. Mistake #5: Living for the Big Score (aka Save for Retirement!!! and don’t lease or buy things you can’t afford right now)

And one commenter suggests one more – Mistake #6 Not Hiring a Decent Accountant (if you’re more than a one person shop). …although I just have to say that hiring an accountant is a good idea in general. There are quite a few freelancers who do their own taxes, but they are generally stressing themselves out a day or two before taxes are due compiling their tax return. And while they are doing their taxes they aren’t translating (and are turning down any jobs that come in). It takes me a half hour to print out my report for my accountant and e-mail it to him and an hour to meet with him, sign it and pick up a copy for my records.

In a nod to Patenttranslator, here is the inspiration to the title of this blog post:

Worker’s Compensation and the Independent Contractor January 10, 2011

Posted by Jill (@bonnjill) in Business practices.
6 comments

I received an e-mail from a client the other day telling me I was required to fill out the attached Worker’s Compensation form or I would not be able to work with them in the future. My first reaction was “Heck no, I’m an independent contractor. We aren’t subject to Worker’s Compensation.” I immediately called my project manager to clarify, who then double-checked with the “Subcontracts Coordinator” who had sent the e-mail in the first place. Luckily I also twittered my indignation about my client not understanding the “Independent” in Independent Contractor.

An agency owner who is one of my followers graciously explained why the agency was doing this (and did a MUCH better job than the Subcontracts Coordinator, who just said I needed to fill it out “because she is a contractor… and resides in the U.S.” – talk about a non-answer…). The agency owner shall remain nameless, but according to her, “These are the kind of he-said she-said issues that need to be addressed at ATA. These are the things Independent Contractors don’t know but should understand.”

Her agency did not have a worker’s comp policy until this past summer because they refused to put their people through the paperwork. Many worker’s comp companies will not grant policies to LSPs unless they have their contractors complete the forms. The form is used by the worker’s comp company to then evaluate that you ARE for sure an Independent Contractor and determine for themselves if you are an Independent Contractor or an employee because if the LSP misclassifies you, and you get hurt, you can sue and win and the policy would have to cover you if the state reclassifies you as an employee.” There are some companies out there that don’t require them to do this, but they are very hard to find. It apparently took her agency 3 years to find a company that didn’t require this.

Herein lies the rub… apparently agencies even have to get the forms filled out by people they don’t use if they advertise them. According to her example, “Say we have a database of 1200 translators. If we only use 68 in a year, you still need 1200 forms because it’s on your website.” You need 100% compliance, because otherwise the insurance company thinks you are hiding something if you have fewer forms on your contractors than you claim. Her reasoning was “Some guy in China who makes $25/yr shouldn’t have to.” Her company kept looking for a new insurance company who wouldn’t make them jump through all those hoops. However, the state found out they didn’t have a worker’s comp policy and fined the company $75,000. Luckily, they were able to get the fine reduced, but in essence they were fined because they didn’t want to inconvenience their Independent Contractors.

As she graciously sums it up: “This whole independent contractor vs employee issue, misclassification, work comp, unemployment and all is a nightmare for LSPs. … The Association of Language Companies has a committee that only helps bail members out when they get sued or fined in situations like these. That’s why it’s über-important that independent contractors see themselves as such and hold up their end too. There’s one LSP I know that had to literally pay the state millions because an audit said they had misclassified employees as independent contractors since the 80s so they had to pay back everything. What made the difference? What made these independent contractors employees instead? According to the company owner, name tags with the LSP name on them.”

So the moral of this story is that even though we are Independent Contractors we should fill out the form and make our clients’ lives easier. If you don’t want to submit form, you can show proof of your own worker’s comp policy, but let’s be honest – there probably isn’t a single freelance translator out there who has their own worker’s comp policy…

Backing up your stuff to the cloud January 5, 2011

Posted by Jill (@bonnjill) in Business practices, Tech tips.
8 comments

To quote Paul Appleyard, who inspired this post, “As translators, our professional life is on our computers and we should do everything we can to protect it.” This tweet was part of a Twitter discussion on backing up data and backing up to the cloud.

For those of you who are unaware what “the cloud” is, as Wikipedia explains, “the term ‘cloud’ is used as a metaphor for the Internet, based on the cloud drawing used in the past to represent the telephone network, and later to depict the Internet in computer network diagrams as an abstraction of the underlying infrastructure it represents. … The fundamental concept of cloud computing is that the computing is “in the cloud” i.e. that the processing (and the related data) is not in a specified, known or static place(s).” So when you back up your data to the cloud you are basically uploading your data to Internet servers and can access the data from anywhere.

For example, I use Google Calendar to keep track of my appointments and social events. I can access this calendar from my computer, my new Android phone or any other computer such as one at a friend’s or my parents’ house, because the data is stored in the cloud. It is a good idea to regularly back up this information, so I semi-regularly sync the calendar to my PalmPilot, which I hook up to my computer.

Computers crash – usually at the most inopportune moment – so backing up your data is a very good idea in and of itself. Backing up to the cloud is a good idea in case of a fire, flood or theft, which would affect your external hard drives or computers and therefore your data.

When you back up your data to the cloud it is a good idea to use a fee-based service such as Carbonite or Mozy that uses secure services. If you are unsure which one to use, PC Mag published an overview of what they consider to be The Best Online Backup Services. Don’t forget that these fees are a business expense and should be noted as such when you do your taxes. This is not the place to be cheap or frugal. Choose the service that best suits your needs and cough up the money, because your business and livelihood depend on it.

However, there are other factors you need to take into consideration when deciding which service to use. Michael Wahlster posted an interested take on backing up to the cloud in his recent post entitled Vulnerable to the Whims of Big Companies. He stresses that it is important to also back up to a tangible external hard drive or other medium, because by backing up your data to the cloud you are vulnerable to the whims of big companies: they go bankrupt, they disappear, they merge with other companies, etc. Michael discusses this issue in great depth, and it is well-worth reading his post as well as the articles he has linked to about the perils and risks involved with backing up to the cloud.

So in summary, it is very important to use a two-pronged approach when backing up your data. Backing up to the cloud is a great idea and allows you to access your files and information from anywhere, but backing up to an external hard drive, server or other physical medium is also important. In my case, I have an external hard drive and also use Carbonite to back up my computer. Paul suggests an online data backup service called CrashPlan. Whatever service you decide to use, start using it today.

I use a free service called Dropbox to move files from my computer to my laptop (no more burning CDs or using USB drives with multiple copy and paste sessions because I ran out of storage space on the CD or USB drive!), but I never considered keeping my important files on Dropbox too. Thanks to Paul and the discussion on Twitter, that has changed.

Last but not least, here is one thing I bet you have never thought about backing up — your bookmarks! I have spent years compiling my bookmarks, and I would be lost trying to recreate them if something were to happen. Plus, it is nice to have the same bookmarks on all my computers. A tool like Xmarks is a lifesaver in this case. I first learned about it as a FireFox add-on, but it is compatible with IE, FireFox, Chrome and Safari. The company was recently bought by LastPass and is now offering a Premium service to back up your bookmarks to the cloud as well as sync with smartphones like iPhone, Android, Blackberry, etc. You can bet I was one of the first ones to buy it when it was announced a couple weeks ago.

If you can recommend a service I’m sure everyone would love to hear about it in the comments.

No recession in sight December 23, 2010

Posted by Jill (@bonnjill) in Business practices, Random musings.
3 comments

I delivered my last job before the holidays at around noon and have just returned from getting a manicure and facial. To say I am relaxed is an understatement. There’s nothing like translating 9,000 words in about three days to make you really appreciate the soothing face and arm massage. I had fully planned on turning off the computer and turning my back to the online world for a few days, but I just wanted to comment on how much work there is at the moment. Whether it is because clients are trying to get everything done before the end of the year or trying to burn off their budgets, the end clients don’t seem to have slowed down, despite the holidays. Everyone I know is busy with translation work. One of my former students even commented on Facebook this morning “Wow, there is a lot more translation work out there than there are translators available right now…” and followed it up with the comment “One agency told me that they had to turn down 6 projects from their clients yesterday due to lack of translators.” I myself turned down a 6,000 word job for Monday that I would have had to translate over the holidays, and I have several jobs waiting for me on Monday.

I hope you all enjoy the holidays or enjoy taking on all the work that those of  us celebrating the holidays won’t. I’m over and out until next week. Peace!

‘Tis the season for no work/life balance December 12, 2010

Posted by Jill (@bonnjill) in Business practices, Random musings.
3 comments

My fellow translators on Twitter are commenting how clients are throwing tons of work at them in the end-of-the-year-rush-to-get-things-done. Traffic on Twitter has been fairly light as a result. I have been pretty busy too, as is evidenced by the lack of posts in the blog recently, but (like most people) I have been trying to get holiday preparations finished while attending to my uncle’s estate (not like most people). For example, we pulled up the carpets in the house last week, but I haven’t put them on the curb for the garbage men yet. They can wait… I have my Christmas letter printed and now all I have to do is print the labels and send them out. I have my tree up and the lights are on, but I haven’t gotten around to putting the decorations on it. I threw up a few decorations on the mantle yesterday in preparation for the meeting of the NOTA Executive Board that I hosted (my first time in 8 years when I wasn’t in charge – it was wonderful!), but my apartment is a little lacking in the decoration department. I imagine that will change in the next few days, because we are getting a huge snow storm any minute now that is expected to last through Wednesday. I plan to be snow-bound, so hopefully I will get everything I need to get done finished. Is it bad that I am actually looking forward to the snow storm so that I will be forced to stay inside? I’m all stocked up with food, blankets, hot cocoa, etc.

Managing a work-life balance can be tough this time of year. How do you handle the end-of-the-year-rush and balance it with family and social obligations? It certainly isn’t easy. It is a matter of prioritizing and only doing the things that are most important to you. Do I need decorations on the tree? Not necessarily… Do I need to attend every holiday party? Not necessarily, but there are a few that I absolutely want to attend. The rest can slide. You can’t do everything and maintain some kind of healthy balance. My stress level has been off the charts lately (as I’m sure is the case with most of you too), but I am doing what I can and not kicking myself about not being able to do everything. Once you have enough work to keep you busy feel free to refer a colleague to the next client who contacts you. Do some of the end-of-the-year business stuff at the beginning of January once the holidays are over. Make sure you get out and exercise to get rid of some of that stress. Most importantly take care of yourself, because you won’t be any good to anyone if you burn out.

Be an ant and not the grasshopper November 30, 2010

Posted by Jill (@bonnjill) in Business practices.
15 comments

Have you heard the Aesop fable about The Ant and The Grasshopper?

One summer day a grasshopper was singing and chirping and hopping about.  He was having a wonderful time.  He saw an ant who was busy gathering and storing grain for the winter.

“Stop and talk to me,” said the grasshopper.   “We can sing some songs and dance a while.”

“Oh no,” said the ant.  “Winter is coming.  I am storing up food for the winter.  I think you should do the same.”

“Oh, I can’t be bothered,” said the grasshopper.  “Winter is a long time off.   There is plenty of food.”   So the grasshopper continued to dance and sing and chip and the ant continued to work.

When winter came the grasshopper had no food and was starving.  He went  to the ant’s house and asked, “Can I have some wheat or maybe a few kernels of corn.  Without it I will starve,” whined the grasshopper.

“You danced last summer,” said the ants in disgust.   “You can continue to dance.”  And they gave him no food.

I was reminded of this by a recent ProZ.com poll on private pension plans. I was shocked to see that 64.4% of the respondents do not have a private pension plan and only 31% do. I started paying into a private pension plan (well, a German annuity) when I was 30, and I also have a Roth IRA set up here in the States. I currently pay about $400 a month into my various pension plans. I reduced the payment to the German annuity when I moved back to the States, but I still continue to pay a small amount into it every month from my German earnings.

I saw how tight things were for my great-aunt when she was living on Social Security – plus I have no doubt that Social Security will be bankrupt by the time I am old enough to collect on it. When I get older I plan to continue translating, but I am certainly not going to keep going at the pace at which I am currently working. This will require some savings, which the private pension plans will provide. This gives me some peace of mind.

Oliver Lawrence did a very good job summarizing exactly how I feel: “I think that those without their own pension provision may find themselves with the choice of continuing to work into their old age or living in something close to poverty in 20-30 years time. Given that more and more people are living longer and longer, combined with the somewhat short-sighted public resistance to increasing the retirement age, where is the state going to find the money to pay all these pensions?” I couldn’t agree more!

So how about you, dear readers? Do you have a private pension plan, and why or why not?

This is why Errors & Omissions insurance is a crock… November 22, 2010

Posted by Jill (@bonnjill) in ATA, Business practices.
4 comments

Philip Auerbach, President of Auerbach Translations, sent the following letter to the ATA’s Business Practices list. I have to say I am absolutely appalled at Lloyds’ behavior, but frankly I’m not surprised. I have been telling fellow translators that E&O insurance is a huge waste of money and could potentially put a target on your back. Now we have an incident in which it is also not worth the premiums the insured party pays. I have Mr. Auerbach’s permission to repost his letter in his entirety. I have written Nick Hartmann (the current ATA President) and Dorothee Racette (the President-Elect), who have assured me they will be looking into this. Unfortunately, with this being a holiday weekend the Executive Director of ATA is on vacation this week. They have assured me he will address this as soon as he returns. I truly hope that ATA defends its members in this case, as it is an ATA-sponsored insurance policy that Lloyds is not honoring. Both Nick and Dorothee are freelancers, so I am confident that this issue will not be ignored.

I just want to point out that this is exactly why I feel LSPs and individual translators should all be part of the same organization. We all have by and large the same problems. I know a lot of LSPs feel that ATA does not address their needs, and many freelance translators feel LSPs should not be members of the ATA. Hey folks, we’re all in this together. Let’s work together to address this.

Dear fellow ATA members:

I want to bring to your attention an issue that has arisen with Lloyds, the ATA’s Errors & Omissions insurance carrier, as it affects any LSP or translator … and similar issues that are probably in all other E&O insurance policies that anyone carries.

An issue arose with a long-time member of the ATA, an LSP with over 15 years’ experience, which I directly learned about. For the first time ever, this LSP had a major dispute with a client that resulted in an insurance claim through Lloyds. The identity of the LSP (which we will call ABC) and its client are not important. What is important is how the insurance company reacted…. and how this will impact you.

An agency or a translator strives for a reputation of producing excellent quality with professionalism. Out of integrity, when an agency or a translator makes a mistake, one of three remedies is commonly proposed:

a) a discount on that project

b)a refund of any amounts already paid

c) a compensatory project of a similar or greater amount.

In this case, ABC did make some mistakes –- apparently, its first-ever serious breach of procedures — and immediately arranged a compensatory project with its client for around $12,000. Out of integrity, this was apparently more than the value of the mistakes themselves. However, after further investigation, the client then told ABC that it wanted compensation of around $30,000 for additional expenses incurred and long after project deliveries. At that point, ABC invoked its insurance through Lloyds.

Unlike homeowner’s insurance where one deals directly with the agent, ATA insurance must go through Lloyds’ lawyers in New York. The lawyers chose to ignore ABC’s terms and conditions, ostensibly because these would be diminished in view of the admission of “errors.” These ignored terms included that:

a) all challenges to projects must be submitted within ten days of delivery; and

b) all disputes were to be resolved through arbitration if the matter became serious.

In addition, ABC apparently stipulated both verbally and in writing to its client that methods the client insisted upon were likely to cause the very issues which necessitated its additional expenses for which the client wanted reimbursement.

Again, Lloyds deemed all those terms and issues as irrelevant.

More importantly to all ATA members, Lloyds’ insurance has a clause (VIII b) which says, “The insured shall not, except at their [sic] own cost, make any payment, admit any liability, settle any claims, assume any obligation or incur any expense without the written consent of the Underwriters [Lloyds].”

In other words, if you as a responsible LSP or translator agreed to a monetary or in-kind settlement with your client — such as ABC’s $12,000. compensatory project — per the standard business practices of a), b) and c) above, Lloyds will not recognize that payment…. and you will have to pay it again if insurance is invoked. And that, effectively, constitutes double compensation.

Ostensibly this clause is to protect insurers against collusion with your client or to avoid your setting a monetary “floor” from which the insurance company must operate. Those concerns are reasonable.

The ATA attorney, Jefferson Glassie, backed Lloyds in this matter and stated, “It is a common, standard, and accepted practice and term of insurance policies. Any arrangements for claim or damage reimbursement involving [ABC] are totally between the insurer and [ABC]. ATA cannot be responsible in any way for insurance claims or awards involving members insured under the Policy and is not responsible for [ABC’s] conduct.”

So, we as LSPs and translators are left with a situation where the sole E&O insurance policy that ATA offers to us violates our professional ethics and common business practices… and where the ATA executives and lawyers whose salaries are paid though our dues back the insurance company, and not their members.

When ABC passed me Mr. Glassie’s justification, I was appalled. To me, whether this is “standard insurance practice” is totally irrelevant:

It was standard practice for years in the US to deny the vote to women and Blacks.

It was / has been standard practice for years in the US to discriminate against Catholics, Jews, Blacks, women, Latinos, Asians, Gays, interracial couples and many others.

And it was standard insurance practice until this year to deny pre-existing medical conditions and certain coverage to children.

“Standard practice” does not mean a policy is right or is justified.

It is we members who pay the ATA executives and the ATA lawyer to defend our interests. These can include, for example, insisting on the insertion in the ATA’s E&O policy of an exclusion for mitigating circumstances. And if Lloyds won’t accept that, it behooves our ATA executives to find us another company’s policy that will… or perhaps to join with other associations to pressure a change collectively.

At present, you as an LSP or translator are expected to report ALL disputes to your insurance company, regardless of whether they escalate to a serious level. And if you act in good faith with your client and reach a monetary agreement first, you alone will have to pay that amount if an E&O policy is invoked; Lloyds or any other “standard practices” insurer will not cover that amount.

I cannot think of a single, experienced translator or LSP that at some time has not inadvertently passed on a mistake to a client.

Beware. The next party caught in this breach of common sense could be you.

Sincerely,
Philip Auerbach

Philip Auerbach, President
Auerbach International Inc./Translations Express

You win some, you lose some November 16, 2010

Posted by Jill (@bonnjill) in Business practices.
9 comments

Putting projects “on hold” is a common occurrence in our industry. I just had another large project put “on hold” today. This is a great euphemism that can range from “sorry, we decided we just didn’t have the money for the project” to “we went with another provider but don’t want to hurt your feelings”. Hey, it happens and I no longer get upset by it. However, I also don’t sit around waiting for the project to pan out. After the first e-mail from the client saying their client was still making a decision I had a feeling it wouldn’t pan out, so I accepted a large OCR job for another client. The job was supposed to start last Wednesday, and I got the cancellation notice this afternoon (Monday). I am now happily plugging away at OCRing 670 pages of English legal texts.

It is important to not give up paid work for something that may or may not happen. Agencies understand this. If the project that you have expressed an interest in working on is delayed and somehow magically gets approved but you have since accepted other work, agencies will usually understand if you are no longer available. Hey, them’s the breaks and they know this.

What clues in your experience indicate a project just may not pan out? Are there any tips or tricks you would like to share with someone who may have just experienced this for the first time or is still trying to break into the industry?