Resolved Ethics Case #1 Print E-mail
Each case brought before the IMC USA Ethics Committee provides insights into the difficulty of maintaining professional standards in a complex work environment. Each of us often makes decisions that, in another setting, might be reasonable and appropriate. However, in the context of the consulting relationship with a client or by our access to confidential information, this decision may well cross the line. The following case was based on such a decision brought before the Ethics Committee. Read it and see how you would have handled this situation. In what similar situations might you find yourself? How would you handle them?

See the IMC USA Code of Ethics for reference, or the IMC USE Code of Ethics Interpretive.

Jon Doe (not his real name) has been an independent consultant for almost a decade. It’s been a good ride. He joined the Institute of Management Consultants USA, earned the designation of Certified Management Consultant, and participated in chapter activities a few times a year. He’s attended a few Confabs in Reno and two national conventions. Jon considers himself active in the profession, but knows he could do more. Time is limited, however. His primary objective is to continue building his practice; there are always plenty of bills to be paid!

Jon’s development of his practice has gone pretty well for most of the decade, in spite of (sometimes unexplainable) ups and downs that seem to affect almost every consultant he knows. Lately, things have not been going well, so Jon’s engaged in some aggressive marketing. In some paid advertising, he indicated that he’d been in consulting for 15 years. That was stretching the truth a little bit. He’d been in private practice for almost 10 years, and had advised managers in a corporation when he worked as human resources practitioner. He wasn’t really a consultant during that period, so this stretch could be considered to be a bit of a misrepresentation.

While he’d earned his master’s degree, the only other university course he’d ever taken was a continuing education program (non-credit) in writing skills. Describing his education as “master’s degree and post-graduate studies toward a doctorate” is certainly out-of-bounds. Jon has had some articles published in trade magazines and professional journals, as well as a couple of op-ed pieces in the local paper. He wanted to see a feature article about himself and his practice, but hadn’t been able to get a journalist excited about writing the story. He was thinking about writing it himself, and submitting it as if were coming from a freelancer. All he needs, Jon figures, is an article in print that he can photocopy and mail to prospective clients in his promotional package.

This promotional package will be the “cat’s meow”. Jon’s going to offer a special pre-engagement assessment at a really good fee, as an incentive for new clients. That offer will get him in the door, Jon expects, then he can make the sale from there. He hasn’t developed an assessment and doesn’t think he really needs to. The portfolio will include a set of testimonials from clients—some authentic and some that Jon has cleverly created on behalf of clients that never got around to writing him those glowing letters. He knows what they’d probably say, so Jon will save them the trouble.

As a fellow CMC, you have lunch with Jon to catch-up on what the two of you have been doing. Jon excitedly tells you of his grandiose marketing plans. It’s obvious that Jon has let his enthusiasm cloud his judgment. How would you advise him?

Advice to Jon.

The Code of Ethics of the Institute of Management  Consultants includes the provision that “We will not advertise our services in a deceptive manner and will not misrepresent the consulting profession, consulting firms, or sole practitioners.” There are several things that Jon has done—or has thought about—that step over the line.

Suggesting that he has more than his almost-a-decade of consulting experience is certainly a misrepresentation. Giving personal advice to fellow workers at a company is not consulting unless your job title or job duties specifically indicate that you are designated, or acting as, an internal consultant. It is better to err on the side of conservatism than to stretch the envelope on your background. People have been drummed out of a number of professional associations for this infraction. The same strict guidelines apply to your educational background. What is, is; what isn’t, isn’t. Period.

That same principle applies to media coverage. Consultants are frequently interviewed by journalists, in connection with a client assignment, research results, or perspectives on the profession or the consultant’s expertise. Talking with a reporter, a writer, or a talk show host can be a heady experience, but don’t let it go to your head. Be very careful to stay within your area of knowledge and don’t heed the temptation to be an expert in everything. Write article for publication whenever you can, but make sure your quotes and citations are accurate. Do not use a pseudonym or a blind byline to write about yourself or your work. Everything must be transparent and out in the open.

That promotional ideas of offering an assessment to help a client and consultant evaluate key issues before an engagement is worthwhile. However, if you don’t have an assessment and don’t ever expect to use one for this purpose, this situation is a clear-cut case of bait-and-switch. The Code of Ethics of the American Advertising Federation, the trade association that represents 50,000 professionals in the advertising industry, is very clear about this practice in their Advertising Ethics and Principles. “Advertising shall not offer products or services for sale unless such offer constitutes a bona fide effort to sell the advertising products or services and is not a device to switch consumers to other goods or services, usually higher priced.”

Are testimonials wonderful? If we’ve done the job, and we’ve been acknowledged by the client, it’s a warm feeling. Use those quotes, with permission. And it might be a good idea to get that permission in writing. If you’re ever challenged, by your client or someone else (like your client’s successor), you’ll have the documentation to support what you’ve done. Creating testimonials without the client’s permission is out-of-line. It’s all right to help the client with phrasing that would help you, as long as it’s legitimate, but whatever is confirmed and used must come from the client. Coming from your imagination of what the client might have said is a trip to Fantasy Land. It’s a one-way ticket to an ethics violation.

Staying within these tight boundaries might seem a bit constrictive and some might even cry about restraint of trade. The restraint is really in the area of what is appropriate. It’s wiser to be careful, conservative, and professional. Staying above reproach is a winning strategy to build your practice, continue your development, and sleep better at night.

 
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