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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