Dilemmas: Drawn by a con-artist

Dear Virginia, When I mentioned to an artist friend that I wanted a portrait done of my daughter, he suggested he did it himself. I wasn't very keen, so thought if I asked what his charges were I could turn him down. However, he waved his hands airily and said not to worry, he'd always wanted to paint her. I assumed he would waive his fees, or reduce them. After several sittings he has come up with a really chocolate- boxy portrait. That was bad enough, but he has sent a bill for pounds 4,000, which I can't possibly pay. How can I get out of it with the least embarrassment and expense?

Yours sincerely, Duncan More a con-artist than an artist - that was the general consensus of readers, who mostly thought that the picture should be returned forthwith.

'Return the painting - and send me a photograph and I'll do a sketch for a fiver]' wrote Winston O'Brian, of Liverpool.

Write a letter on these lines, suggested Mike Grist of London, SE9: 'Since the painting of my daughter resulted from your insistence on doing so, the painting represents a delivery of unsolicited goods that will be held for collection for a reasonable period (say 90 days) after which it will be sold to defray the cost of storage; the enclosed invoice for pounds 5,000 covers my daughter's modelling fees and is payable immediately.'

'Forgo the painting, lose the friend, keep the money,' wrote Lynne Russell, of Chester. 'And do not be drawn into a 'How much do you think it's worth/What are you willing to pay?' argument.'

'The artist has duped Duncan by his evasive response when questioned about the portrait's cost. His tactics are little better than extortion,' says Georgina Bardsley, of Norwich.

A practising artist says: 'The first thing I do is invite the person to my studio to make certain they approve of my style. I then settle on a fee agreeable to both of us. Duncan has been conned and he should refuse to pay.

If he has not signed anything, the artist hasn't a legal leg to stand on' - Iain Cowan of Gravesend.

'Even where the parties know each other well, it is best to make it clear before the work is started who will own it when it is finished and whether it is being done for nothing, or for a fee, and how much,' writes Jean Overton Fullef of Rushden, Northamptonshire.

I was surprised that readers were quite so against the artist. True, he hadn't made it clear that he expected to be paid; but Duncan hadn't clarified the situation either. When it comes to money, nothing can ever be 'assumed'. And as an artist's daughter myself, I know too well the general public's view that portraits and sketches can be 'dashed off' in moments; they rarely credit the time, expertise and work involved in producing a picture.

In other words, the artist's fee may seem exorbitant, but good professional artists usually train for as long as lawyers, and when they're good, their fees can be horribly similar.

The English have a ridiculous hang-up about discussing money, including fees with professionals - hands up those who'd happily ask for estimates from builders but not from solicitors. This reticence often ends in tears.

As for what Duncan should do now, I think he should pay for his passivity.

I'm tempted to suggest he sends off a cheque for pounds 400 saying how kind it was of the artist to do it for less than usual - and leave the artist wondering whether to point out that, actually, an extra nought was involved.

But in more sober mood, I can do no better than recommend that Duncan copies out the exceptionally elegant letter to the artist suggested by an anonymous reader in Leicestershire: 'I had hoped and expected that we should enter into a businesslike arrangement about terms for the portrait of my daughter, but you waved your hands airily and said not to worry, since you had always wanted to paint her.

'This wish was flattering to a fond parent and I allowed myself to be deflected from insisting on knowing your terms. I expected as a friend that your fee would cover all expenses for materials and maybe something for your time, but I thought you were freely offering your expertise. I regretfully return the portrait for your portfolio since pounds 4,000 is quite beyond my reach.'