How Trusted Advisors (Should) Think about “Business Development”

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It’s a special kind of person who finds his or her way into an expertise-based advisory career. They are, of course, what we call “smart”—meaning cognitively talented, analytical, with high IQs. They are also often driven, motivated, and high achievers.

What doesn’t get mentioned as often is that they also tend to have high standards—for their work, and for themselves. These high standards are reflected in ideas like devotion to customer service, ethical behavior, and commitment to quality.

And if there’s any one thing that feels contradictory to all those fundamental beliefs, it is probably business development.

I don’t know a single professional who started out wanting to be in ”business development.” For starters, the phrase itself feels like a contrivance. Isn’t “business development” just a softer word for ”sales?” (Note it’s even phrased in the passive voice, to distance itself from “develop business”).

Customers, we believe instinctively, resist being ”sold.” The dictionary is loaded with secondary and tertiary meanings of “sales” that suggest selling is manipulative, conniving, even morally offensive. Our customers work from that dictionary. They tell us—and we want to believe—that they buy from us because of our quality and our ethical devotion to service.

That’s what it means to work in a meritocracy, and a big reason we signed up. If customers don’t buy from us, it was because someone else beat us on quality and expertise. (Or, of course, on price). And again, that is what our customers tell us.

This is why the ”business development” professionals’ message is so distasteful. They seem to suggest that customers don’t buy on quality and price; that having the best expertise doesn’t guarantee the sale. And that, worst of all, customers are making buy decisions based soft criteria and emotions, and not being honest with us, or even with themselves, about it.

The whole matter is profoundly distasteful. We don’t like to think that we’re selling our time for money to begin with. We particularly don’t like to think that people are buying us for reasons other than expertise. And we recoil from being lumped together with car salesmen in such obfuscatory phrases as “business development.”

What’s a poor professional to do?

The answer—amazingly—is at once simple, profound, and easily accessed. It lies in fundamentally redefining the purpose of business development, beginning in our own minds.

The Purpose of Business Development

For most people, the purpose or goal of business development is obvious: to get the customer to buy something. Indeed, that’s what most people believe, which is precisely the source of the problem. It all starts there, and heads downhill fast.  Here’s why.

Those who believe the purpose of business development is to get the customer to buy have made three key assumptions:

  • That the purpose is one-sided, meaning all about the business developer.
  • That value to the customer is per se irrelevant, as long as it’s enough to result in a sale.
  • That the process is essentially competitive, and you fail if you don’t get the result, whether the loss is to a competitor or to the ubiquitous DND (Did Not Decide).

Those assumptions just fuel customers’ paranoia. They enforce the notion that business developers do not have their customers’ best interests at heart, that ‘the deal’ is all that matters, and that you can’t trust anything business developers say. It’s the kind of attitude that fuels traditional sales wisdom like “buyers are liars,” and “there are no be-backs.”

And those are just the key assumptions. There is a host of secondary implications which also follow from believing the purpose of business development is to get the customer to buy. For example, it suggests that efficiency is key—that business developers should work to qualify and prioritize their leads so they don’t waste unproductive time. For example, it suggests that you should be very careful about giving anything away. And especially it suggests that you should never, ever refer a competitor.

All of these are equally pernicious beliefs. It’s easy to characterize them as just traits of used car salesmen, but they’re taught in many ways by well-respected business development programs. Of course, that doesn’t make them better. They are still the source of all the negativity held by so many about business development. Softening the word doesn’t change the truth; “sell” is usually a four-letter word no matter how you spell it.

Fortunately, there is great news: It doesn’t have to be this way.

The Striking Alternative: A New Mindset

Try this simple statement on for size:

The purpose of business development is to improve the customer’s outcomes. 

There, does that sound more comfortable?

But wait! There are radical implications. It means, for example, that if the services don’t improve things for the customer, then you shouldn’t sell it to them. That’s a little bit radical.

Much more radically, it means that if a competitor truly has a superior solution for a given customer, you as the business developer should actually recommend the competitor. (Rest assured that the willingness to do so endears you so strongly to the customer that you’ll virtually guarantee future sales).

But even those aren’t the really radical implications. The Big Implication is that— properly conceived—there is virtually no difference between professional, high quality, ethical delivery and professional, high-quality, ethical business development. Why? Because both aim at improving the customer’s outcomes.

The Freedom to Be of Service

It is liberating to think of business development this way. It means the best way to generate new work is the same as the best way to execute on existing work: by giving samples, by helping them define the real problem, by being open and candid about … everything.

Let’s draw out the implications of this view. See if you agree to the following two statements:

  1. “I have a professional obligation to point out issues and opportunities to my customer that I can see and that I think would be of benefit to address.”
  2. “If those issues or opportunities aren’t obvious to the customer, I have a professional obligation to explain them so they become clear.”

If your answer is “yes,” then not only have you agreed that you have an obligation to develop business, but you have succeeded in re-defining business development in an ethical and customer-focused manner. You’re doing it for them, and for the same reasons you deliver high quality, ethical, customer-focused project work. You’re just not getting paid yet.

Paradoxical Results

When you see the purpose of business development is to improve the customer’s outcomes, things change fundamentally. Your goals are no longer in conflict with your customer; they are precisely and profoundly aligned. Your customers have every reason to trust you. And the new work becomes not the goal, but a byproduct.

Here’s the ultimate paradox: If you re-conceive the purpose of business development in this way, your customers will recognize it very quickly—even instantly, in some cases—and be more inclined to give you opportunities to be of service.

Your very willingness to forego the “sale” actually increases the likelihood that they’ll “buy.”

There is one catch: You can’t work the paradox against itself. You actually have to be willing to forego “developing business” as your objective in order for it to come true. You have to mean it. After all, you can’t fake trust.

But then, why should you even try?

Why Your Clients Don’t Trust You – and How to Fix It

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Do your customers trust you? Be honest, now, this is not an in-house survey. Do they believe what you say? Will they cut you a break if you goof up?  Are they happy to share information with you? Do they go out of their way to refer you?

Can you honestly answer ‘yes,’ to yourself, in the dead of night, to those questions?

If you’re trying to sell your services, you already know the value of being trusted. Being trusted increases value, cuts time, lowers costs, and increases profitability—both for us and for our clients.

So, we try hard to be trustworthy: to be seen as credible, reliable, honest, ethical, other-oriented, empathetic, competent, experienced, and so forth.

But in our haste to be trustworthy, we often forget one critical variable: people don’t trust those who never take a risk. If all we do is be trustworthy and never do any trusting ourselves, eventually we will be considered un-trustworthy.

To be fully trusted, we need to do a little trusting ourselves.

Trusting and Being Trusted

We often talk casually about “trust” as if it were a single, unitary phenomenon—like the temperature or a poll. “Trust in banking is down,” we might read.

But that begs a question. Does it mean banks have become less trustworthy? Or does it mean bank customers or shareholders have become less trusting of banks? Or does it mean both?

To speak meaningfully of trust, we have to declare whether we are talking about trustors or about trustees. The trustor is the party doing the trusting—the one taking the risk. These are our clients, for the most part.

The trustee is the party being trusted—the beneficiary of the decision to trust. This is us, for the most part.

The trust equation is a valuable tool for describing trust:

But where is risk to be found? How can we use the trust equation to describe trusting and not just being trusted? How can we trust, as well as seek to be trusted?

Trust and Risk

Notwithstanding Ronald Reagan’s dictum of “trust but verify,” the essence of trust is risk. If you submit a risk to verification, you may quantify the risk, but what’s left is no longer properly called “trust.” Without risk there is no trust.

In the trust equation, risk appears largely in the Intimacy variable. Many professionals have a hard time expressing empathy, for example, because they feel it could make them appear “soft,” unprofessional, or invasive.

Of course, it’s that kind of risk that drives trust. We are wired to exchange reciprocal pleasantries with each other. It’s called etiquette, and it is the socially acceptable path to trust. Consider the following:

“Oh, so you went to Ohio State. What a football team; I have a cousin who went there.”

“Is it just me, or is this speaker kind of dull? I didn’t get much sleep last night, so this is pushing my luck.”

“Do you know whether that was a social media reference he just made? Sometimes I feel a little out of the picture.”

If we take these small steps, our clients usually reciprocate. Our intimacy levels move up a notch, and the trust equation gains a few points.

If we don’t take these small steps, the relationship stays in place: pleasant and respectful, but like a stagnant pool when it comes to trust.

Non-Intimacy Steps for Trusting

The intimacy part of the trust equation is the most obvious source of risk-taking, but it is not the only one. Here are some ways to take constructive risks in other parts of the trust equation.

  1. Be open about what you don’t know. You may think it’s risky to admit ignorance. In fact, it increases your credibility if you’re the one putting it forward. Who will doubt you when you say you don’t know?
  2. Make a stretch commitment. Most of the time, you’re better off doing exactly what you said you’ll do and making sure you can do what you commit to. But sometimes you have to put your neck out and deliver something fast, new, or differently.To never take such a risk is to say you value your pristine track record over service to your client, and that may be a bad bet. Don’t be afraid to occasionally dare for more—even at the risk of failing.
  3. Have a point of view. If you’re asked for your opinion in a meeting, don’t always say, “I’ll get back to you on that.” Clients often value interaction more than perfection. If they wanted only right answers, they would have hired a database.
  4. Try on their shoes. You don’t know what it’s like to be your client. Nor should you pretend to know. But there are times when, with the proper request for permission, you get credit for imagining things.”I have no idea how the ABC group thinks about this,” you might say, “but I can imagine—if I were you, Bill, I’d feel very upset by this. You’ve lost a degree of freedom in this situation.”

While trust always requires a trustor and a trustee, it is not static. The players have to trade places every once in a while. We don’t trust people who never trust us.

So, if we want others to trust us, we have to trust them. Go find ways to trust your client; you will be delighted by the results.

 

This post originally appeared on RainToday.com

 

The #1 Top Single Best Way to Get a Meeting

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iPhotoA free bit of advice to anyone seeking to improve their networking skills, or looking for a true best practice in getting a meeting with someone.

And here it is:

Comment on a blogpost or article that person has written.

Simple. You already intuitively get how that can be powerful, but let’s break it down.

Note: It only works if you’re careful about a couple of items.

First, your comment HAS TO BE SPECIFIC. It has to say something relevant, intelligent and useful about the person’s blogpost or article.

That means you have to know something about who you’re trying to contact. It also means you have to give some thought to what you’re saying.

It also means you probably have to know something about what the person is writing about. Mere fawning and saying ‘great blogpost’ will get you nowhere.  In fact, it will just identify you as a cheap SEO-seeking spammer. 

But – if you actually ARE intentional about whom you’re seeking to connect with, if you actually DO know something about the subject in question, and if your question actually IS intelligent and thoughtful – then you will get a powerful response back.

Why? Because we all love being noticed – and because being noticed and appreciated is something in very short supply. If you doubt the power of this, just ask yourself: 

  • how do you feel when you put yourself out there on the webs – and no one responds?
  • how do you feel when you put yourself out there on the webs – and you get a meaningful, thoughtful, inquisitive response back?

Everyone’s writing blogposts hoping to get noticed; very few people (Chris Brogan is a marvelous exception) put as much effort into noticing and commenting on others as they do into writing in the first place.

Want to connect? Start by commenting on others. For real.

A Better New Year’s Resolution

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It’s that time of year again. Resolutions come in full swing and we all start to assess how we can improve on the last year. It just so happens that I wrote a pretty good blog post at this time eight years ago, and I haven’t improved on it yet. Here it is again.

Happy New Year!

—————–

My unscientific sampling says many people make New Years resolutions, but few follow through. Net result—unhappiness.

It doesn’t have to be that way.

You could, of course, just try harder, stiffen your resolve, etc. But you’ve been there, tried that.

You could also ditch the whole idea and just stop making resolutions. Avoid goal-failure by eliminating goal-setting. Effective, but at the cost of giving up on aspirations.

I heard another idea: replace the New Year’s Resolution List with a New Year’s Gratitude List. Here’s why it makes sense.

First, most resolutions are about self-improvement—this year I resolve to: quit smoking, lose weight, cut the gossip, drink less, exercise more, and so on.

All those resolutions are rooted in a dissatisfaction with the current state of affairs—or with oneself.

In other words: resolutions often have a component of dissatisfaction with self. For many, it isn’t just dissatisfaction—it’s self-hatred. And the stronger the loathing of self, the stronger the resolutions—and the more they hurt when they go unfulfilled. It can be a very vicious circle.

Second, happy people do better. This has some verification in science, and it’s a common point of view in religion and psychology—and in common sense.

People who are slightly optimistic do better in life. People who are happy are more attractive to other people. In a very real sense, you empower what you fear—and attract what you put out.

Ergo, replace resolutions with gratitude. The best way to improve oneself is paradoxical—start by being grateful for what you already have. That turns your aspirations from negative (fixing a bad situation) to positive (making a fine situation even better).

Gratitude forces our attention outwards, to others—a common recommendation of almost all spiritual programs.

Finally, gratitude calms us. We worry less. We don’t obsess. We attract others by our calm, which makes our lives connected and meaningful. And before long, we tend to smoke less, drink less, exercise more, gossip less, and so on. Which of course is what we thought we wanted in the first place.

But the real truth is—it wasn’t the resolutions we wanted in the first place. It was the peace that comes with gratitude. We mistook cause for effect.

Go for an attitude of gratitude. The rest are positive side-effects.

 

Trust and The Future of Work: A Podcast With Jacob Morgan

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Trust has been a main discussion point for most of my career. Trust in business, trust in selling, trust in relationships. Increasingly, people are discussing how trust in business and in organizations (or the lack thereof) is starting to affect how we all do business and people are starting to wonder how it will affect the future of work life.

I recently interviewed  Jacob Morgan, author of “The Future of Work” (Wiley 2014), about his book in my Books We Trust blog series. In turn, he recently interviewed me for his own podcast series,on issues of trust including why modern businesses have trust issues, how technology has simplified trust with the simple click of a button, the distinction between a lack of trustworthiness and a lack of willingness to trust.

We also delve into solutions on to how to better build trust in the future’s work environment including building trust with your employees, increasing loyalty of your employees and thereby raising employee retention, utilizing collaboration platforms to increase trust and even how to gain a better understanding of millennials and job-hopping–and how it might not be a bad thing.

Take a listen here. I think this just may be my best podcast yet.

http://hwcdn.libsyn.com/p/6/e/e/6ee2fa3fa84eb99e/Charliepodcastmp3.mp3?c_id=7607942&expiration=1410704130&hwt=34c156d5106fbb20a6280bc8bca7c5f0

 

 

Competing with Colleagues

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The Trusted Advisor: Click to BuyWhen I wrote The Trusted Advisor with David Maister and Rob Galford a few years back, it became reasonably successful within several months. (Amazingly, it still ranks #8,050 – as of this morning – on the list of all books on Amazon. That’s all books, including Harry Potter (#54), Capital (#41), etc. I’ll take long-sellers over best-sellers any day of the week).

With its success came a happy problem: how to parcel out the leads between the three of us? Let me be clear, the book wasn’t drowning us in leads; any one of the three of us could have happily fielded all inquiries. And while we wanted to be fair to each other, we were also all of us very clearly in competition with each other.

So the question: how do you compete with colleagues?

Competing with Colleagues

What if one of us got a lead based on the book? Did we have any obligation to pass it along to the other two? If so, how?  Should we establish a quota system, whereby each of us would get every third lead?

Should we let the market dictate things, and let whomever the client had reached out to handle the response? What if the client had written to all three of us?  Should we all respond confidentially, or in some sense share our responses?

The problem was not unique to us, though it seemed so at the time.  You may face a similar problem within your organization – who gets the lead? Who gets to present?

Or, you may come face to face with an  old friend who has changed uniforms and now works for a competitor. In any case, the tension is much the same – the sensation of being a colleague feels intensely in conflict with the sensation of being a competitor.

How do you resolve it?

The Solution

The answer to the problem came to us fairly quickly, on reflection, and I documented it as part of the Four Trust Principles in my later books. The answer lies in true focus on client needs.

In our case: we agreed that we should all respond similarly to all client inquiries, regardless of to whom they were addressed. In all cases, we would say words to the effect of:

The Trusted Advisor was written by the three of us. I suspect that each of us could do an excellent job in response to your query, and each of us would handle the work slightly differently. You would be best served by having discussions with each of us, and making up your mind on that basis.

We will each be candid with respect to our own strengths and weaknesses, and answer questions to the best of our ability about the others. Each of us will respect your decision, and we are each committed to you making the best decision possible for you.

The best decision for you is what all three of us seek, and each of us will do our best to help you reach it, regardless of your choice.

This solution made everything easier. It kept our relationship collegial. It removed any awkwardness about responding to clients. It removed any awkwardness that clients might experience in choosing whom to talk to.

And, of course, it resulted in the best decision for clients, as each of us have our own particular skills and drawbacks.

So what’s the answer?  Grindingly relentless focus on client service, and the willingness to pursue that logic wherever it leads.

A Better New Year’s Resolution

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Happy New Year! New Year card with folded colored paperI wrote a good blog post at this time seven years ago, and haven’t improved on it yet. Here it is again.

Happy New Year.

—————–

My unscientific sampling says many people make New Years resolutions, but few follow through. Net result—unhappiness.

It doesn’t have to be that way.

You could, of course, just try harder, stiffen your resolve, etc. But you’ve been there, tried that.

You could also ditch the whole idea and just stop making resolutions. Avoid goal-failure by eliminating goal-setting. Effective, but at the cost of giving up on aspirations.

I heard another idea: replace the New Year’s Resolution List with a New Year’s Gratitude List. Here’s why it makes sense.

First, most resolutions are about self-improvement—this year I resolve to: quit smoking, lose weight, cut the gossip, drink less, exercise more, and so on.

All those resolutions are rooted in a dissatisfaction with the current state of affairs—or with oneself.

In other words: resolutions often have a component of dissatisfaction with self. For many, it isn’t just dissatisfaction—it’s self-hatred. And the stronger the loathing of self, the stronger the resolutions—and the more they hurt when they go unfulfilled. It can be a very vicious circle.

Second, happy people do better. This has some verification in science, and it’s a common point of view in religion and psychology—and in common sense.

People who are slightly optimistic do better in life. People who are happy are more attractive to other people. In a very real sense, you empower what you fear—and attract what you put out.

Ergo, replace resolutions with gratitude. The best way to improve oneself is paradoxical—start by being grateful for what you already have. That turns your aspirations from negative (fixing a bad situation) to positive (making a fine situation even better).

Gratitude forces our attention outwards, to others—a common recommendation of almost all spiritual programs.

Finally, gratitude calms us. We worry less. We don’t obsess. We attract others by our calm, which makes our lives connected and meaningful. And before long, we tend to smoke less, drink less, exercise more, gossip less, and so on. Which of course is what we thought we wanted in the first place.

But the real truth is—it wasn’t the resolutions we wanted in the first place. It was the peace that comes with gratitude. We mistook cause for effect.

Go for an attitude of gratitude. The rest are positive side-effects.

 

The NFL, Ed Reed, and Trust

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photo via jumpingpolarbear.comEd Reed is an NFL veteran defensive safety with an outstanding record of performance. But it’s not just physical prowess that gives him his edge – it’s mental too.

And I’m not talking about toughness, or attitude, or no-pain-no-gain hype. I’m talking about insight, knowledge, and learning. Those of us in advisory or sales capacities have a lot to learn from him.

Analysis or Instinct?

Which is better: to trust your gut, or to study a situation carefully? We have heard both answers, proverbially speaking: both “don’t jump to conclusions,” and, “he who hesitates is lost.

A better answer is – it depends. On the one hand – in a crazy stock market, it’s the cool-headed trader who can recognize fundamental dynamics and make the smart move. On the other hand – in a difficult meeting, it’s the person who can sense subtle mood shifts and instinctively respond who adds the most value.

But the best answer is – both. And this is what Ed Reed embodies.

Reed is legendary for his ability to read offenses. Increasingly, it’s noted that he spends a lot of time watching opposing teams’ video tapes, something that only coaches used to do. In a recent NYTimes article, Reed is quoted as saying, “When you see something on film, just believe it. Believe that something’s going to happen, and just go.”

This is trusting your instincts. It is also putting in time in careful study. “Before you come to work, come to work,” says Reed.

What’s the relationship? It’s one of sequence. The same as what Tiger Woods’ father told him when young: Practice, practice, practice – and then, trust your swing.

Study – then react. Think – then feel. Be intelligent – then sentient.

Being Ed Reed in Your Practice

We can’t all replicate anyone else we choose to. But we can pretty much all move in that direction, if we choose strongly enough.

If you’re in sales, get a process – but don’t treat it like the end-tool, use it to inform your relationships. By all means, get Salesforce – but don’t think great CRM alone will tell you how to read the body language on your client when you’re pitching the sale.  By all means do analytics on your past performance – just don’t forget to internalize the results.

(By the way, if you’ll forgive the obvious pitch: get the best of both by buying my Trust-based Selling Salesforce App, just released with Soliant Consulting).

If you’re in an advisory or consultative or coaching/mentoring role, get a model – but don’t treat it like a one-size fits all blunt instrument, use it to inform your judgment. Read Freud, and Covey, and Schein – but don’t treat your client like a final exam.

Above all, do your research in advance. The final thing you should do before going in to interact with clients and customers is to clear your mind, relax, turn on your senses. Stop rehearsing, stop repeating mantras, stop trying to motivate yourself.  Step aside, and trust your swing.

Being Ed Reed in Life

As I read up on Ed Reed for this blogpost, I couldn’t help but notice what people say about his personality. A particularly good piece is Ed Reed: Hiding in Plain Sight, by veteran ESPN sportswriter Kevin Van Valkenburg.

What emerges is the portrait of someone who has native intelligence, but who is also deeply empathetic. Comfortable in his own skin, not seeking the limelight. Someone who leads by attraction, not promotion. Someone who has the personal comfort level to feel the equal of his coaches, as well as humbly one of the team of players.

And while this post is just about the link between cognition and instinct, I can’t help but believe that link is greatly strengthened by his overall emotional make-up.

In so many ways, Descartes had it wrong when he said cogito, ergo sum. So often, it’s como sum, como cogito. (In case my Latin is faulty, that’s meant to say, “As I am, so do I think”).

Nice Place Here, Shame if Anything Happened

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copyright Nate Osborne 2013It’s the opening to dozens of gangster movies. The mob guy with a rakish hat and a sneer sidles into the hard-working good citizen’s retail establishment, knocks some cigarette ash on the floor, and says, “Nice little business you got here, mister. It’d be a shame if something were to happen to it, know what I mean?”

And we do know what he means, and so does the terrorized citizen. It’s the protection racket. If you pay, then indeed, nothing happens. If you don’t pay, well, it’s amazing how bad stuff just happens.

Of course, that doesn’t happen in business today.  Right?

The White-collar, Fully-legal, Hands-clean Shakedown, Corporate Edition

In fact, something much like that does happen – though it’s highly sanitized. It’s legal; no individual has bad or evil intentions; and it’s justified as a business best practice. But the effect is the same – the business at the end of the food chain pays a lot of “insurance” for bad events that don’t look like happening. And instead of mobsters getting rich, it’s lawyers and insurance companies.

A simple example. My firm recently sold a single, one-day, off-the-shelf learning program to a corporate client. The contract and statement of work proposed by the client ran to over 10 pages of fine print.

On our end, it went through the hands of four people, including our lawyer, who I struggle mightily to keep under-employed. On the client side, we know personally of three people with whom we interacted, and I am guessing there were more. Total elapsed time was 2-3 months.

The contract included fairly typical clauses to the effect that we would not steal their intellectual property, lists, or secrets; generously they agreed to return the favor.

It also included clauses saying that we would generally indemnify them against everything from lawsuits about IP to people falling on their sidewalks to taking bad advice from us. (And here I worry about trying to get clients to take my advice!)

Most interesting to me was the clause that – at their request – we would submit our trainers to drug testing and to criminal record searches, through whatever such means as the client would dictate, of course at our expense. Moi? Nous? I mean, we’ve got our faults, but…

All this in order to gain the privilege of giving a workshop on – wait for it – how to establish trust-based business relationships. (And yes, I am painfully aware of the irony, even if the client is not. But you go where you are most needed, and agreeing to a training session on trust is actually a pretty good first step.)

Sadly, this is not a unique story. In fact, about 80% of it is standard operating procedure these days. In this case, I sent an email protesting that we felt mildly insulted about the drug test thing. I received back a most polite and apologetic note assuring me that that was surely not the intent, and that they felt badly about it – it’s just that, this is just how business is done – you know, it’s not personal, it’s business.

And voila, we’re back at the movies. See what I mean?

What’s Going On Here 

I want to emphasize, there are no bad intentions here; there are no laws being broken. To use the business vernacular, this is risk mitigation. But it’s risk mitigation gone rogue.

It starts with companies themselves as victims of a shakedown. A lawyer – perhaps their own internal counsel – tells them that they are subject to grave exposure from a lawsuit by some wild-eyed plaintiff’s attorney. Since lawyers vastly prefer to err on the side of caution, they like to be armed with shotguns when they go to hunt fleas.

One form of protection, conveniently served up by insurance companies (who love their lawyer friends) is straight-up insurance. But, apparently cheaper than buying your own protection is to lay off that protection cost onto those who are employed by the company: their suppliers, their employees, and their customers.

And so we get oppressive do-not-compete clauses for employees; mandatory arbitration in the fine print for customers; and send-that-indemnification-downstream to contractors for any risk you can think of.

The Extortionate Impact on the Economy

I welcome the comments of those better versed in economics than I to more accurately describe this, but I can suggest the outlines of four broad effects.

One is simply over-insurance. If I have market power over you (as big companies generally do over little companies, and buyers generally do over suppliers), then I can force you to pay for my insurance. And, I’d prefer to be over-insured rather than under-insured thank you very much, and frankly I don’t care if you have to over-pay for it. In fact, I’ll get it back in nice lunches from my professional partners-in-crime.

I have no idea how to quantify this effect, but since the phenomenon covers every industry, my tummy says it’s Big.

Second, this kind of burden massively adds to the level of transaction costs in our economy.  Initially described by Ronald Coase in the 1930s, transaction costs are non-value-adding costs which enable value-adding through other means, e.g. economies of scale.

But there comes a point when transaction costs begin to overwhelm the possible value they can enable, and cutting transaction costs themselves becomes a more sensible way to achieve economic success.

Are we at such a point?  Consider that the US has the highest ratio of lawyers per capita of any country in the world.  And that the lawyer-per-capita ratio in the US has gone up by 250% since 1950. (Personally, I can assure the reader that the contracting process for training sessions like the one I describe above was vastly simpler 20 years ago. And I sincerely doubt clients got burned, whether by drug-addled trainers or via other means.)

Third, this shakedown amounts to a massive, systemic substitution of check-boxes in place of management to govern the natural friction that exists between contracting people. For example, it substitutes a gigantic system of criminal record checks in place of a few personal phone calls for references. Among the costs of such substitutions is a decline in trust. A big one.

Finally, when you pile on so many transactional, impersonal “risk-mitigation” steps, you open up wide opportunities for corruption of various types. Corruption isn’t just handing over bags with cash. How many times have you heard, “Oh don’t worry about that phrase, we never pay attention to that anyway, it’s just part of the standard form.” How many times have you read the fine print at the bottom of every online purchase you make?

Where there is such casual, wholesale and willful ignoring of agreements, there is a ton of room to become cynical and unobservant about said agreements.

The next level up is easy – think of robo-signing mortgage agreements. And note all the irate protestations by bankers about how this was really no big deal. It’s not such a long step from there to the bags with cash. (Some readers might enjoy Mark Twain’s tale The Man That Corrupted Hadleyburg).

The parallel with moving from locally-made mortgage loans to globally aggregated, tranched and securitized packages is evident. When you depersonalize, you desensitize, and you de-ethicize.

Shades of Shakedowns

Of the two, the gangsters’ shakedown is more honest. It is authentic; you know what you’re being told, by whom, and for what purpose. You know that the threat is real, the intent unmistakable. By contrast, in the modern corporate shakedown, there are no villains, everyone has plausible deniability; they all have clean consciences and clean hands.

The mob had corrupt lawyers who could game the system. In the modern corporate shakedown, it is the system that is doing the shakedown.  We have MBAs, lawyers, and actuaries all soberly attesting that they have lowered the risk of our business contracting system at every stage.

Does anyone else smell a Black Swan here?

The Alternative

A major issue with trust is how to scale it. But maybe an even bigger issue is forgetting what it’s all about in the first place – what we have lost. Here’s a reminder.

I had a conversation with a solo consultant the other day, a disgusted emigrant from corporate America. He now does consulting and coaching for small business clients. His entire contracting process is as follows:

At the beginning of every month, you will send me a check for $5000. For the rest of that month, I will answer the phone all the time whenever you call. Should I ever not receive my check by the fifth day of the month, I will know that you’ve become unsatisfied with my services,  and we shall both expect further conversations to cease.

He has never had a dissatisfied client. His cost of sales is minimal. His legal fees are zero. His risk is pretty much nothing – because he has created a trust-based relationship.

I find that completely unsurprising. That’s just how it works – if we remember to let it.

DON’T Always Exceed Expectations

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Many of us go around repeating a mantra that we think is self-evidently correct: Under-promise and over-deliver, we say. Always exceed expectations.

There is a website ExceedAllExpectations.  Another website, HowTo.gov, tells governmental agencies to use metrics to exceed expectations. And as you well know, it’s a common mantra in business.

Not so fast.

Why Always Exceeding Expectations is a Bad Idea

Think this through. If you intentionally exceed a customer’s expectations, then you intentionally misled your customer about what to expect. If you make that a habit, then frankly, you’re a habitual liar.

Think that’s too strong? Think it through the next step. When a customer habitually gets more than they were promised, what’s such a customer to think?  That’s easy – that you’re constantly sandbagging the quote to make yourself look good. And they will naturally start to bargain with you about the expected results and/or the price.

When you make a habit of exceeding expectations, you are training your customers. You are training them to expect you to under-promise and over-deliver. And they are not dumb, they learn quickly.

You have trained them to doubt you, to suspect your motives, and to disbelieve what you tell them in the future.

Proof from the Market

In yesterday’s bi-weekly newsletter TrustedAdvice, I included a link to a video clip about this idea. (By the way, if you’d like to get TrustedAdvice via email, click here to subscribe).

Within minutes, I heard from two readers, with very interesting comments.

From Reader 1
I have learned this time and time again, but I want to please my clients, so I repeatedly try to exceed client expectations – only to find the clients coming back and demanding more and more.  The fact is, I set myself up for failure, as you cannot give more than 100%. I end up getting frustrated because then clients generally speaking don’t appreciate it when you do give them 100%, they just expect more and more of you and your time.

and Reader 2 adds another wrinkle
My company has exceeding expectations built into its DNA, a by-product of yours truly (though I am so much better now than I used to be). It has created more damage than you’d ever think. Not just in terms of clients expecting more for less, but in a shop that can never truly feel good about itself just for doing a good job, always feeling we could/should have done more.

“Always exceed expectations,” despite frequently coming from good motives, actually succeeds in destroying trust, with customers and employees alike.

So – don’t do that.

Instead, do what builds trust. Tell people exactly what to expect, and then deliver that. Period. After all, that’s how you develop a track record or being credible and reliable. That way your motives are never in doubt. That way you get known for being not only a straight shooter, but a particularly good estimator.

Basically, tell the truth. It’s always a better policy.