Crazy Photographer

sadly this is what happens when you try to cut corners by hiring unqualified amateurs to do what is a demanding job. you can easily tell by a photographer's folio what they are capable of and request to see their formal qualifications. all you can do now is make a small claim but if the photos dont exist then any compensation will only be monetary.

Daniel & Lisa,

 

I am dealing with a similar circumstance where I am in the photographer's shoes - but in a different light. I took pictures at a mutual friend's wedding (my 1st time). The maid of honor (the bride's best friend) loved them. The bride-to-be begged and begged me to do the photos even though I wasn't ready. She even stated that it didn't matter if it took 6 months to process. She also insisted that I take the money up front; so as my first paying job - I did (with no written contract). I clearly informed her that since this was not my main occupation, was busy, and I did not have the complete software I needed, that it may take a little longer than average to provide her the photos. So I advised that I'd have a friend of mine (a professional photographer) edit them for me in post-processing. Well, 3 months went by and he never got to them. The difference between your sister's friend and I is that I have integrity and that I advised her (in writing) that I would take over the post-processing and have it to her in the coming weeks. This person should do the same for you, or if the shots didn't come out right, she should be up-front with you guys and let you know instead of harboring all of your memories due to pride. This is probably a classic case of procrastination gone too far...I would try a heart-felt letter on how this makes you guys feel because it's clearly not a money thing. You'd be amazed how a little humanity clears things up, i.e. place your anger aside and let her know how wrong this is and allow her to provide a reason for not committing to processing your memories. Ask your sister to give it to her or look her up on the net - you can find anyone these days. I agree with Anne to NOT confront her directly over this, unless agreed to beforehand. My lesson is to not count on anyone but yourself and to draft a contract before-hand. Good luck with your situation.

Speaking as an attorney, depending on what jurisdiction you are in, a verbal agreement can constitute a 'contract'. A contract does not have to be in written form. Also anything in writing from the photographer may constitute a 'signed writing' under the law of your jurisdiction; and a 'signed writing' can be anything with the photographer's name on it, it does not have to be an actual signature, an e-mail, a business card, even a cheque or a flyer with a rubber stamped name. The 'signed writing' may constitute evidence of the existence of the 'contract' or some of its terms. It all becomes an issue of proof: who will the judge believe?

 

That being said, the old saw in the legal profession is: If it's not in writing, it's not.

 

You have learned a valuable lesson: get it in writing! Your 'friend' quickly becomes your adversary when there is a misunderstanding or things go awry.

 

You may try, as others have posted, an action in your county's small claims court, which is usually pro se friendly as most litigants represent themselves.

 

Good luck.