Can I sue a speaker?

Technically you can, but reality is that it's time consuming and could be cost prohibitive.

After talking to an insurance company about the usual yearly policy update of professional indemnity, I was horrified to learn that many speakers are actually leaving themselves open to not being professionally covered with an adequate insurance policy when they give a presentation.

This means that should they say something that you or a member of your audience then acts upon and it is advice that is detrimental, the speaker is not covered should they be sued.

What does this mean to you?  As an event organiser, you probably think that it's all down to the speaker and nothing to do with you.  But you'd be wrong.  If you have no proper contract in place with them, a clever legal bod could construe that they are a part of your team and as such, you would be libel for their mistake.

But we all rely on that one tough question of "proving the fact" as being the main reason why things don't go too much further as usually this is cost prohibitive.   However, what if it could be proved?  If it could be proved that what they said on your stage was the result of someone suffering from their bad advice, could your organisation be picking up the cost especially if you haven't done the basics?

And it's not just their advice that could be putting you at risk but also their behaviour and attitude.

Take the case of the speaker I mentioned in my earlier blog - the one who was chatting up members of the audience to go home with him.  Because there was no contract in place and the speaker was there as a 'promotion' for the event rather than being a paid professional, he was acting as one of the company's ambassadors - on their behalf.  And because he was there on their behalf, his behaviour of chatting up and making sexual references towards the guests could have landed the company in trouble should one of the guests taken offence and issued a formal complaint.  Had things taken a turn for the worse, the company could do very little towards the speaker as there was no contract, no clear definition of the working relationship and therefore trying to counter sue him would be again, cost prohibitive.

In today's audience experience, I recently listened to someone muttering behind me that they wanted to sue the organiser for having speakers who were not providing the content they were led to believe. Words like 'mis-reperesentation', 'taking money under false pretences' and 'false advertising' were being quietly bounced between her and her colleague.  Whether she will or not, I have no idea, but she did raise an interesting point: who was at fault - the speaker or the organiser?  And who would she sue for poor content / poor experience of the ticketed event - the speaker or the organiser?

After all, if  Paul 'Gazza' Gascoigne, can be sued after an audience member complained about his inappropriate comment towards someone else, then the floodgates could start to be opened for more actions to be brought against comedians, after dinner speakers, professional speakers and the friend of a friend of the CEO who's just graced your stage as a favour.....

Most professional speakers have professional indemnity insurance and issue you with terms and conditions.  If you are working with people who are not professional, by that I mean they have a day job and speak because of a passion, or it's related to their job role or they've been asked by the friend of the friend of the CEO, they probably won't have terms and conditions and it's also likely to follow that their insurance might not be adequately covering them when they give information from the stage.

Your process must include a means to guard yourself and your organisation against that 1 speaker in every 100 who will bring your organisation into disrepute - you know the one I mean that traditionally makes the event organiser being put into the position to take the fall and find a new job.

We think it's unfair and unjust and why there needs to be a standard way of working with speakers to guard against this and raise the level of professionalism - that's why we built iwantaspeaker.com.  If you have your own process already - fantastic and I'd love to hear more.  Please do send me an email or comment below and let me know how you've headed off potential issues before they arisen too.   Thank you and l look forward to reading them.

S**t! The Speaker's Overran!

We've all been there - watched and listened to a speaker talking for longer than they should.  Sometimes they are politely stopped by the Chair or MC, on occasion, forcibly ( and fun to watch) while other times you simply can't interrupt.

Sometime, speakers over running can save lives such as the case I heard of 30 years ago about an Army troop due to catch a ferry but first had to sit through a presentation. The speaker, a very high ranking senior officer, over ran, causing just over 300 troops to miss the Ferry.  There is no possible way to stop such a Speaker of this type in mid flow due to their seniority and, as they were not a professional speaker, but merely someone thinking they were 'rallying the troops', they had no concept of the length of their speech and just ploughed on regardless. This presentation was being held in Belgium and the ferry everyone was due to catch: the MS Herald of Free Enterprise. At the time, it was a logistical nightmare for events organiser because of people rushing around scrambling for cars and kit the moment the speech ended,  all trying to get off base at the same time. It's only in hindsight that you realise the impact of how costly that particular event's running over could have turned out.

But while most events won't ever have as a dramatic hindsight bonus for a speaker over running most are never the less left with the issues it causes:

• Audienced stressed for missing travel connections, or prearranged meetings or food
• The Venue's kitchen juggling the timing of the food or trying to keep it hot without spoiling
• Another speaker or speakers having to cut their presentation time down or even step aside
• Quietly trying to admonish the guilty speaker while they feel like they've delivered more value by over running and that you should be grateful to them!

Speakers who over run their allocated time simply are not thinking about you nor the event nor your audience.  Members of the audience do plan things around your event or the speaker they've solely come to see and while the speaker demands respect for the audience not to leave during their presentation, so then must it be a two way street and the speaker must respect the audience's time.

To prevent this, make sure your process:

1. Clearly states what time you want the speaker to go on the stage and to leave by and what they are to do there when on the stage.
2. Make is clear to the speaker what you are going to do as a count down timer incase they do forget about timing or their own stop watch has stopped working
3. Make it clear to the speaker what will happen when they have reached the end of their time - how you will be asking them to leave the stage
4. Tell the audience during, 'House Rules', what will be happening about the speaker's timing notices so they know also what to expect should a speaker over run
5. Do not be afraid to brief even the highest senior ranking official, CEO or celebrity about the timing procedure as most will appreciate knowing they've only got 5 minutes left and will happily wrap things up.

Your process should have the timings in the contract and agreed to before they even get to your event.  But if you are relying on simply email exchange for them to be a speaker at your event, then it will be the little thing of one speaker over running who will ruin your day. 

Don't let speakers who continually over run damage your event and upset your audience: we don't like it and that's why we built iwantaspeaker.com

Can a Speaker Sue me even though they didn't perform? And what can I do about it?

The short answer is Yes, a speaker could sue you and win especially if you haven't kept a good enough account of what you needed them to do, even if they performed badly, you could lose.

Obviously the usual reason a speaker would take an Event Organiser to court would be for non payment of their invoice.

For an Event Organiser not to pay is often because they were either relying on ticket sales to raise the funds or they have a policy to pay after the event and decided the speaker’s performance wasn't as expected so withheld payment. 

But, even if the speaker did a bad performance or even failed to turn up because you changed the date and they couldn’t make the new date, and if you didn't check the Terms and Conditions you signed, you could still be liable and still have to pay.

Not fair is it!

Most organisations sign the Terms and Conditions of the speakers who are savvy enough to provide them, many without checking them carefully first.  In addition, many other speakers are reliant on just sending an invoice and a few email exchanges to be sufficient enough which means that while you don’t have to deal with paperwork and it seems a quick way to engage the speaker you want, you are in fact leaving your organisation wide open to paying for a bad performance.

While the industry is and works on word of mouth for hiring and finding speakers, there is still a high need for them so without protecting yourself and putting in place a proper system to limit your liability you could be hugely out of pocket as not only would you be paying the speaker, but the court cost, the time and energy involved and the hidden cost of audience dis-engagement from the event and if you are really unlucky, any potential media fallout too.

To avoid this when you book a speaker, make sure you:

1) Check their Terms and Conditions carefully to find out what happens if something does go wrong so you can fully understand what you would be expected to pay.  And if you don't like any of their Terms, ask for changes and agree to the new terms before you sign.

2) Understand and agree exactly what they will do for you for their fee before the day in writing.  Be reasonable as to what can be measured and what can't. Performance is considered objective unless it is clear they failed to meet requirements.  Remember: what I think is good might not be what you think is good, however them saying they are an expert on a subject and then clearly demonstrating their knowledge to be less than that of the audience is measurable!

3) If they want full payment upfront and you are not happy or able to commit, find a third party format to hold the payment for you: iwantaspeaker, paypal, a client bank account, solicitor, speaker bureau as examples, or come to a payment arrangement where you are happy to take the risk and lose the sum without it being detrimental to your budget.  

4) If the speaker doesn't have any Terms and Conditions, doesn't have any standard contracts and only relies on the ‘sending you an invoice and a few emails’ method, make sure you have in writing exactly what they will do to compensate you should they fail to deliver in all eventualities.  Or insist they use your process which de-risks you and standardises them.  If they fail to get through or won’t go through your process, don’t hire them.

Only by safe guarding yourself against all speakers you work with being a possible failure, will you be able to protect yourself from the actual one speaker who will take you to court and win even though they didn't perform well enough and didn't deserve their fee!

It's why we built iwantaspeaker.com