What happens when it all goes wrong?
Security consultants all work hard to deliver a competent and meaningful product for their clients, hoping that we meet their expectations; but occasionally, there will be misunderstandings. I’m sure many have been in the position where a client has taken issue with product delivery, but these things happen and most can usually manage their way around it.
We are seen as experts in our own individual fields, be it executive protection or information management and everything in between. Quite often, we have the academic and professional qualifications to assume this mantle of “expert” and being such also puts us in the position of being subjected to criticism by others.
Sometimes, this is borne out of ignorance of the subject matter, the scope of works or only having half of the brief. After all, as the client’s expert, we have designed or specified a particular service especially for them, so we have in-depth knowledge of their requirements, likes, and dislikes.
Malicious criticism
More insidious though is the criticism that is malicious, calculated to undermine our position as experts.
The reasons can be varied, but they all boil down to someone seeking competitive advantage. It could be a sub-contractor wishing to push a particular product with a client instead of the one we have specified. Or as I have experienced, the client’s own staff, slighted because a piece of work has been outsourced as opposed to remaining in-house and they don’t see the need for “highly paid consultants to tell them what they already know!”
Either way, most of us have our own methods and strategies for dealing with such situations, but exceptionally, there is an irrevocable breakdown in the relationship, and litigation ensues.
Protecting yourself from liability
As an expert you may find yourself in the witness box attempting to recall a conversation you may have had some two years previously or being challenged on document control, design management, or the rationale for a particular technical specification.
Very quickly you realise that, actually, it is you that is on trial!
So how can we avoid being put into this position in the first place?
- Advice: Seek out where you may obtain legal advice or other professional help.
- Scope of works and deliverables: Ensure you have an agreed scope of works with agreed deliverables. Sometimes the client may produce this, but often, they do not really know what they want, which leaves open the possibility of “mission creep”. Document what the scope and deliverables are with timescales, and what the deliverables will be. Also agree what is not covered. For example, “meetings as required” may mean you attending each and every project review meeting, which you may not have budgeted for.
- Programme: How long it will take? Be realistic. I know it may be difficult, but try not to be pressured by clients for unrealistic deadlines. Keep up a regular dialogue with your client and advise them as soon as there are any issues that may cause slippage, especially if it is for reasons beyond your control.
- Method statement: Tell them how you propose to do the work, with reference to any relevant legislation, sector standards, or other control documents or processes.
- Contract: This will ensure that both parties are legally bound to whatever is agreed, such as price, liability, service, or termination notice. Try and ensure that the contract is agreed and signed before commencing work!
- Terms of payment: Whilst many consultancy engagements may be short term, consider payment terms and schedules. Do you really want to wait 18 months for payment because you omitted to stipulate payment terms?
- Limit of liability: It is important to establish a limit of liability and that this is aligned with the cover provided by your professional indemnity insurance.
- Professional indemnity insurance (also known as PI insurance or PII): This is intended to protect professionals and their businesses in the event of claims made by a client (or third party) suggesting that they have suffered loss as a result of non-performance, breach of contract, and/or professional negligence in the services provided. Do you have any?
- Public liability: Many clients now require all of their supply chain to have public liability insurance, and also set the amount. Figures of GB pound 2 million to GB pound 5 million are common and I have seen a requirement for GB pound 50 million on one commission.
At the start of the blog, I posed the question about what to do if, in the unlikely event, it all goes wrong. For us as experts, it is very unlikely to happen, but it will have a very high impact both in financial and professional consequences if it does.
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Chris,
That’s a nice description of how it seems to be in our line of work.
Over the years I’ve taught “How to be a CCTV Consultant” to 100+ people and explained to them that we’re often hired to be the official scapegoat in the ways you described above. I was always tongue-in-check when explaining this but it’s often not far from the reality of the situation!
Best regards,Simon
http://www.lambert-associates.co.ukIndependent CCTV & Security Consultants
It’s always gratifying to read someone else’s words describing your own experiences and perceptions. Thank you!
We have a five prong approach to dealing with liability:
1. Know your stuff and do your best.
2. Learn from your mistakes and the mistakes of others.
3. Keep good records.
4. Choose your clients wisely – sometimes you can spot disasters well in advance.
5. Carry lots of insurance.
Our ten-prong approach is very similar; items 6 through 10 are all the same – carry lots of insurance. At the end of the day, that’s ultimately your best protection!
‘Official scapegoat’ — love that, Simon! What I think Chris’ piece shows, is that with thorough and rigorous processes there can be cases where no one has to take the blame. Sometimes the only scapegoat will be the criminal, or simply bad luck.
Hi Rob,
You’re right that diligence can minimize the risk of a claim against a consultant. Nonetheless, Chris’ use of “malicious” is important to appreciate. Occasionally, clients can seek to create a smoke-screen around their own failings during the collaboration. Others simply fabricate an excuse to avoid pay the fees due after the work has been delivered (where they continue to benefit because it can’t be ‘undelivered’). Humans are capable of being most irrational however logical and correct our approach may be!
It happens in all aspects of trading – you secure a house as advised by the insurer – they suffer a loss and blame you as there should have been silver cases not gold. Customers order parts and when they don’t fit it is your fault – small beer to decking out a whole structure but it happens at all levels. The professional scumbag who orders work and then refuses to pay for it as the work is sub-standard, not how he wanted it, fitted by a trainee not a ‘proper’ tradesman – and so much more – the time… Read more »
Chris It was agood read and informative, we would document all corrrespondance between us and our client this would include any verbal instructions. We have all the relevant insurances as you described up to 10 million as yet we have not been required to offer any higher. It is suprising how many clients do not ask to see evidence of your insurance this should not be taken as know requirement for insurance. Your comment regarding Malicious criticism especially when the individual does not identify his or her self is a valid one and one that can be difficult to… Read more »
The problem with malicious criticism of course being that as soon as a damaging allegation has been made, it’s out there for ever. The Twitter ‘naming’ of Lord McAlpine as a paedophile is probably the highest-profile story of such nature in the UK recently, but he had the wherewithall to try and sue everyone who libelled him on Twitter. But once the allegation has been made, that association will always be there in the minds of anyone who heard it. I suppose the best way is to put processes in place whereby if customers have a complaint they feel comfortable… Read more »
This is good knowledge based practices. I will add that every consultant must plan for his client to agree to sign off every phase of project and any updates or modification should be properly documented for their reviews and approval before commence of job . This practice could reduce unnecessary litigations and will serve as evidences and save us money and time when needs arise and reducing bad publicity. I know it is not always feasible to get through this at times, but I always asked my clients to send me emails and then follow up with meetings to clarify… Read more »
It may seem that as a consultant, we need to accept every client in order to keep our business going, but it is important to select our clients as rigorously as they select their consultant. Some clients are trouble from the start -even during negotiations. Watch for warning signs, and don’t take them on!
A little less money in the coffers is preferable to litigation and a bad reputation.