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Professional Duty: Acting Ethically and in the Client’s Best Interest

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There are three important things to keep in mind with regards to an agency’s duty to the client: never lose sight of who the client is, what they want to achieve, and how to act in their best interest. There are several situations that can interfere with the clarity of these three points. Regardless of the outcome agencies must work ethically to achieve client’s best interest; and this may not always take shape the client has in mind. The following article will touch upon some examples of these situations.

The Agency Works for the Client Not the Client’s Contact Person

The contact person for a client may be the owner of the company, an employee of an organization, or council members, among others. It is important to keep in mind that the main contact for the organization and the client are not one and the same; and that unfortunately their expectations may not always aligned. The situation may arise where the contact may make requests that are not related to the business relationship or the best interest of the client.

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 It is a regular part of business to provide value added assistance to important clients.  However, it is not normal to consistently oblige to requests in the name of a business relationship that may personally benefit the contact at the expense of the client. For example, a manager once requested we amend a proposal to include planning an event in a city that was not a target market of the client. The manager had a clear personal interest in the request, although it would divert important marketing funds to an exercise that would not generate a return on investment. The Client was not aware of this. One may think that it is the Client’s problem and that ultimately that manager should be accountable for these decisions. However, it is not an Agent’s place to get involved in office politics, and it is the Agency’s duty to act in the best interest of the client. An Agency can make the right recommendations, document them, and follow the Client’s direction.

The Agency’s Duty to Act Ethically As Well As in the Client’s Best Interest

There are also occasions when the client makes good faith requests that are not in their own best interest. Agents have a duty to inform their Client if they believe what they want will not provide the desired results. An Agency can make alternate suggestions, but ultimately the client makes the decisions. Generally, Agencies  act on the client’s direction even if it is against the Agency’s advice. This of course, changes when the matter relates to ethical choices.

This topic was well described in a recent article in The Economist, as explained by the following excerpt:

Professional organisations are bound by professional ethics to put limits on what they will do for their customers: lawyers have to apply the law, for example, and universities have to apply objective standards, rather than just pleasing their customers. Arthur Andersen, once a big accounting firm, went bust because it broke professional rules in order to help one of its best customers, Enron. Monitor Group, a consultancy, provoked mockery because it adopted an excessively customer-centric approach to the late Colonel Qaddafi, including helping his son, Saif al-Islam, prepare a thesis for the London School of Economics and proposing a book that would present the Colonel as “a man of action and a man of ideas”.

  It often makes perfect sense to refuse to give your customers what they want, or at least what they say they want.  “You can’t just ask customers what they want and then try to give that to them,” Steve Jobs told Inc. magazine in 1989.

http://www.economist.com/blogs/schumpeter/2012/03/how-deal-muppets?fsrc=scn/fb/wl/bl/downwiththem

DO BUSINESS RELATIONSHIPS ALWAYS STRENGTHEN WHEN THE AGENCY ACTS IN THE CLIENT’S BEST INTEREST?

As professionals we can listen to clients and design strategies to help them achieve their goals. In most cases this is the way contracts work and result in great business relationships. Yet the reality for some circumstances, such as those outlined above, is that the correct alternative may be to fire the client or lose the account. When it comes to a client’s representative directing an Agency to act contrary to the client’s best interest, refusal to act may result in a lost account. In this scenario, the agency will retain its integrity while the alternative could be shouldering responsibility for the client employee’s unethical behavior.

 

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When it comes to implementing a strategy the Agency considers will not work, it is important to weigh the consequences of following through. Most businesses at one time or another have taken on a job that they later wished they hadn’t. These kinds of situations are not always obvious or clear cut. A Focus post provides a useful exercise for those considering if it is worth walking away from a client. They say “Sometimes, even an unprofitable customer can be worth the headache for other reasons. However if they’re not, this due diligence can help you know for sure and not have to spend any time second-guessing your decision.” You may read the full post at http://www.focus.com/questions/when-it-time-walk-away-customer-and-stop-doing-business-them/

Business relationships are not always easy. Parties do not always have to agree. But clients are entitled to the certainty that their Agency will always act with their best interest and in an ethical manner. For a professional business, the right decision may be the most difficult one, but it in the end it will generate the best results for all parties.

Sinclair and Ruiz Consulting

http://www.sinclairandruiz.com

LINKS:

http://www.economist.com/blogs/schumpeter/2012/03/how-deal-muppets?fsrc=scn/fb/wl/bl/downwiththem

http://www.focus.com/questions/when-it-time-walk-away-customer-and-stop-doing-business-them/

 

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Author: sinclairandruiz

Sinclair and Ruiz is a consultancy that creates integrated local, national and international marketing strategies. Our areas of expertise: Travel, Leisure & Recreational Real Estate/International Trade & Investment. What we do: Our work brings businesses and customers together in order to satisfy consumer needs while generating profits. Services and Capabilities: Consulting, market analysis, process evaluation, strategy design and execution, Print/website/corporate identity/logo/media kit design, copy, event organization, Search Engine Marketing, budget management, cultural sensitivity training, media relations, among others. www.sinclairandruiz.com

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