Work of a professional begins with the mandatory data / prime information provided by the client. When a professional comes to know of a job and the potential client, the professional must postulate own schedules of data requirements. In the first or first few encounters a professional must check out the capacity of the client to furnish such data.
In exceptional cases, where the client is invisible and represented by a statutory body, very little data is likely to be available. Where a client is incapable of providing the data, it is up to the professional to get the same collected, with the client’s consent and cost.
A professional may not have the right to use the data collected for, and paid by a client, for any other client or purpose. Whenever a client provides a crucial data like sizes, technical requirements, permissions etc. the transfer of information should be formal and well recorded.
In some cases it is only the client, who can provide the necessary input, and must be made aware of the situation. A client should also be made formally aware of data that is being procured by the designer as part of a chargeable service or courtesy. Whenever a chargeable service is provided, a formal pre-approval / consent of the client is necessary.
A professional cannot object to client’s right to procure the data from other professionals or sources. As a matter of fact, it is considered a professional decency to make a client aware of own right.
A professional however competent will require the services of other professionals. Where main professional pays for such professionals, he also exclusively appoints them and receives the output. Often the main professional has no role, or only an advisory role in such appointments. If an external agency is retained by the client to procure data, all the resultant output becomes the exclusive property of the client. The client has a right to make available, to a professional, only the relevant parts of such information.
Normally the person who pays, receives the output, and has the first and exclusive right to the data. The party that pays for data, also acquires the inherent risks and liabilities.
When a professional, directly hires another professional, the risks and liabilities increase. However if a client hires other professionals, the risks and liabilities of the main professional are diluted. Contributions from independent professionals should be favoured, because these provide greater clarity, a counter check, division of responsibilities and dilution of risks.