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Posted By Mark Haas CMC FIMC,
Monday, August 16, 2010
Updated: Wednesday, August 18, 2010
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I am often asked by clients to advise them on legal issues. They recognize I am not a lawyer but ask for my opinion as an experienced consultant. As long as we are clear that this is clear, is there any harm in giving them my opinion?Is there any reason why a lawyer shouldn't render his or her opinion to your clients about financing, supply chain security, organizational design or trends in the trucking industry? We are hired as experts in our areas of specialty for our knowledge, independence and objectivity - not as general advisors in all areas or as pundits. Even if you are clear that you are not a lawyer, tread very carefully when discussing legal issues. There are two reasons for this. First, your presence in the client organization is because you are seen as an expert. Regardless of how justified, your words carry the weight of an expert. Your "advice," even if qualified, is a powerful influence and induces decisions and actions by your client. Second, even with the best of intention, you are not qualified to advise outside your area of expertise. The IMC USA Code of Ethics says, "I will only accept assignments for which I possess the requisite experience and competence to perform and will only assign staff or engage colleagues with the knowledge and expertise needed to serve my clients effectively." This applies as much to comments and actions you take during the engagement as it does in decisions about whether to take the engagement itself. Tip: Get to know some lawyers so you can refer your client to them for specific and expert advice. Do this before you need to so you can address the client's concerns immediately. This is part of good client service. © 2010 Institute of Management Consultants USA
Tags:
consultant role
ethics
legal
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Posted By Mark Haas CMC FIMC,
Friday, August 13, 2010
Updated: Friday, August 13, 2010
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To all of you who comment on these tips or ask questions about them, and for those who just read them, we'd like your help to improve the value you receive.You are one of thousands of subscribers to these Daily Tips. Many of you write to ask for more of a particular type of tip or more information on a specific tip. We'd like to accommodate you by providing more of the tips you want and fewer of those that aren't useful. Please complete a two-question survey on your preferences for tip content and frequency Thanks. There's a treat for you at the end of the survey (not a solicitation of any kind, just something you'll find interesting). © 2010 Institute of Management Consultants USA
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Posted By Mark Haas CMC FIMC,
Thursday, August 12, 2010
Updated: Thursday, August 12, 2010
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I am a reasonably good public speaker but, like most people, it is still uncomfortable. I am always well prepared and do a dry run but am looking for a different perspective to help me get more comfortable.Speaking in front of a group can often result in the calmest of people experiencing anxiety, nervousness and fear. Teachers, on the other hand, rarely describe experiencing the same apprehension. Part of this comes from the reason they are in front of the audience. Although there are some differences between speakers and teachers, there are many similarities. Regardless of whether you are teaching or speaking, you are, in fact, communicating - using your voice, body and, in some cases, audio/visual techniques. Although public speaking often features less direct interaction with the audience, the goal for both is fairly similar: sharing information with your audience and have it resonate with them. Tip: Consider your next speech as a teaching opportunity. By making the "mental" shift, you take the pressure off of yourself (and how you are going to appear to your audience) and place it firmly on meeting your audience's need to understand, appreciate, and learn from the information you want to provide to them. In this way, you will find yourself working "with" your audience instead of talking "at" them. Be sure the physical setup will support this change in perspective (e.g., minimize the space and elevation differences between you and the audience, avoid a lectern if possible, try to make it so you can move around and inteact wit the audience). © 2010 Institute of Management Consultants USA
Tags:
communication
speaking
teaching/training
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Posted By Mark Haas CMC FIMC,
Wednesday, August 11, 2010
Updated: Wednesday, August 11, 2010
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I have an idea I want to patent, but I am aware that it is a time-consuming and expensive process. How can I show my idea to a potential buyer while still providing some fundamental protection for my idea until it is formally patented? A starting point might be a non-disclosure agreement (NDA) stating that the audience being presented to will not share (or ultimately use) the information being presented. Unfortunately, some companies will not sign these agreements. Also, many people will tell you that an NDA sounds good but they are very hard to really enforce. Nonetheless, the formality of an NDA will make the point that you are serious about your ideas. You might also consider a Provisional Patent Application, which is available from the US Patent Office. The PPA was designed to provide a more affordable first U.S. patent filing, enabling you to quickly secure an initial filing date for your idea. A PPA also legally allows you to use the words "patent pending" — a warning to those who might copy your idea that they risk patent infringement. Once you have filed a PPA, you have 12 months until the deadline arrives for filing a required full patent application. If you choose to file the full patent prior to the end of this 12 month period, the original PPA filing date can be used as the filing date on the full patent application. If, within that 12 month period, you decide that your idea in its current format is not "patent- worthy", you can simply abandon it, ultimately minimizing your up-front investment. Tip: Filing for a U.S. patent can be complicated. A good place to start in order to gain some clarity is the U.S. Patent and Trademark Office website (www.uspto.gov). In addition, do not be afraid to seek out professional guidance and advice when required (e.g., a patent lawyer). © 2010 Institute of Management Consultants USA
Tags:
confidentiality
innovation
intellectual property
knowledge assets
product development
recordkeeping
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Posted By Mark Haas CMC FIMC,
Tuesday, August 10, 2010
Updated: Tuesday, August 10, 2010
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I provide "big" services to my clients. These include strategic plans, process redesigns, market studies, and large scale training services, which often take weeks or months to deliver. Is there something I could provide that is a bit smaller in scope? I'd like to try out a few services, some of which are components of my more comprehensive offerings, but wouldn't want to commit to a big offering unless I knew I could provide a good service that clients would buy. When you want to try something out, it does not have to be in its full form. How about a white paper instead of a training seminar? A podcast instead of a full lecture? What about daily tips instead of a book? One idea is to hold a mini camp. In football, mini camps are intended as a short duration session to either check out a player's capabilities and/or begin training. What if you proposed to conduct a strategy or marketing mini camp for a client? This would be a preliminary exercise to gather information, test ideas, generate options, develop staff skills, and document possible approaches. While a full scale session might take several days, what could you accomplish in a few hours? This would allow you to showcase your expertise, connect with staff and your client, and develop value without committing the organization to a full scale exercise. It is low risk for both you and the organization and produces a more engaged staff and options to move ahead with a full scale exercise. Tip: These mini camp sessions are for you to provide services in which you are fully qualified, not to do market research at the expense of a client. Spend the time to develop a solid, standalone offering, not just roll out "the first part" of a current service. © 2010 Institute of Management Consultants USA
Tags:
client service
innovation
marketing
product development
your consulting practice
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Between 2005 and 2011, IMC published Daily Tips every weekday on consulting ethics, marketing, service delivery and practice management.
You may search more than 800 tips on this website using keywords in "Search all posts" or clicking on a tag in the Top Tags list to return all tips with that specific tag. Comment on individual tips (members and registered guests) or use the Contact Us form above to contact Mark Haas CMC, FIMC, Daily Tips author/editor. Daily Tips are being compiled into several volumes and will be available through IMC USA and Mark Haas.
Winner 2012 Acquisition Int'l Magazine Award
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