Regulatory Policy 2.0 – The Alternative

[Second of a two-part Blog Post]

Yesterday I suggested that our existing 3-legged approach to regulation (separation, compliance, transparency) not only failed to prevent Madoff, but positively enabled him.

Today I’ll talk about an alternative.

Until last weekend, when the world discovered Madoff hadn’t bought stocks for 13 years (TrustMatters readers heard about it 5 weeks earlier here), the consensus was Madoff was so sophisticated no one could follow him.

Turns out sophistication itself was the ultimate scam. Madoff built a Potemkin village. He knew what a trading system and a hedge fund should look like, and gave us the appearance of one.

In fact, it was just another Nigerian Ministry scam.  Give me your bank account numbers. and I’ll make you rich. Trust me.

The SEC, like all regulators, relied largly on three mechanical approaches:

• structural separations
• compliance processes
• disclosure.

All were built around the modern sophisticated financial world. What they entirely missed was the human element of any great scam. Hide stuff in the most obvious of places. Utterly believe your own lies. Get the con to focus on your spiel while you swap the pea out of the walnut.

They missed the “man” in con man.

If past is prologue, as unfortunately it usually is, there will be a firestorm of protest and we will end up, through the best efforts of Congress, Fox News and the tabloids, with More of The Same. The same trio of regulations that Madoff manipulated. And it will cost billions and billions more in regulation and in stifled economic sub-optimization.

So what’s the answer?

Human-based regulation–beyond structure, processes, disclosure. Regulation 2.0.

Human-based regulation recognizes and embraces three human traits:

1. We live up (or down) to expectations
2. People are infinitely creative–regulators must be as well
3. Selective audits plus severe consequences both inform and deter people.

Set clear expectations. We cannot allow confusion between “ethics” and “compliance.” The phrase “but it was legal” cannot be permitted to be the end of conversation. Regulators have to continue dialogue with non-lawyer citizenry, stay in touch with norms and mores. Most important—they must have a visceral sense of the “rightness” that their agencies were built on in the first place, and unflinchingly convey that sense of mission and expectations to their industries.

Harness Creativity. Regulators can find role models in the audit profession, the IRS, and the GAO. They can look farther afield at successful police departments, e.g. New York City’s counter-terrorism operation. The ultimate objective can never be to just ensure compliance—it must be to fulfill mission.

Visiting RIA offices to review papers too easily becomes a bureaucrat’s exercise. We need regulators who think like cops, who are inherently suspicious, who demand proof, who creatively out-think the Madoff du jour. (Harry Markopolis’ testimony in Congress—the second part—gives excellent examples of this, epitomized by the simple, “is something funny going on around here? Here’s my card—call me if you see anything suspicious.”)

Selectively audit, severely penalize. Auditors and the IRS have excellent track records doing selective audits. You don’t need to examine every book—just let every bookkeeper know that their books might be the ones examined next.

Combined with the public announcement of severe consequences, this approach both tells the industry what behavior is expected, and says they are accountable to the public they serve. It’s like a police perp walk—it publicly shames and humiliates.

(From this point of view, the continued absence of a perp walk for Mr. Madoff, together with the absence of any consequences thus far, sends the wrong message. It says “old” regulation still holds sway: he can stay in his comfortable digs until the legal process grinds its way to some determination of whether or not he has committed a violation of a particular law).

Madoff’s scam was old-school, Nigerian-Ministry, thuggish. That doesn’t mean the SEC employs incompetent people. It does mean, however, that they are toiling under an inadequate philosophy of regulation.

We will not regain trust in our institutions until we remember that trust is, at its heart, a human thing—and begin to act that way.

Regulation 2.0 is a good start.

Regulatory Policy 2.0 : The Real Meaning of Madoff

[First of a two-part Blog Post]

Madoff has been a late-night TV comedy staple for some time now. While his victims surely don’t appreciate the humor, most of use have relegated him to cafeteria conversation, alongside Lindsay Lohan and the Oscars.

That would be a big mistake.

L’affaire Madoff will dramatically affect our approach to regulation. And in this case, our first instincts—can you say, ‘Sarbanes-Oxley 2.0’—would be the worst. We need Regulatory Philosophy 2.0. Here’s why, and how.

The Latest on Madoff. The headlines this past weekend screamed one thing: Madoff Bought No Stocks for 13 Years. ‘Look how brazen he was, how could the SEC miss that, no way his sons weren’t in on it all along, etc.’

It was no surprise to readers of this blog.

On January 17, I wrote, in a blogpost titled Madoff—Investment Fund or Virtual Reality Game

It’s beginning to look like Bernie Madoff’s business model had less in common with a hedge fund or investment management firm than it did with an online virtual reality game. Sort of a Sim City for investors. The money sent in was real: everything thereafter was from Oz…
…[It] was bupkus. Virtual reality money. Sim City money. Monopoly Money. In the real world, it didn’t exist except in Bernie’s bank account and a computer program.

This was not a case of sophisticated hedge fund managers in Greenwich or rogue currency traders in Hong Kong. The SEC was not out-gunned, outsmarted, or out-manned. This was not a Danny Ocean operation.

This was as simple as a Nigerian inheritance email spam scam. Gimme your bank account number and I’ll send you money. A garden variety mugging. Like a good magician, Madoff got us to look one way, while he swapped card decks.

Overnight, this recasts the regulatory task facing the SEC. We can no longer rely on traditional regulatory philosophy: we must get personal, human, and trust-based.

Regulatory Philosophy 1.0. Regulation (and not just in the financial industry) has become driven by three models—separation, compliance, and transparency. None of them stopped Madoff—in fact, they enabled him.

Separation. Think building walls—to legally and physically separate potential co-conspirators. Think traditional anti-trust laws. Think separating accountancies and consultancies. It is a heavy-handed, expensive, and sub-optimal way to regulate.

Madoff used this to his benefit—claiming his brokerage and investment management businesses were separate because, ‘after all, they had to be.’ Therefore FINRA could claim “it wasn’t my job.” Madoff knew FINRA would make that claim; in fact, he depended on it.

Compliance. This approach turns legislation into a blizzard of administrative processes, which must be complied with. Think check-boxes, filed copies, no-later-than dates, renewal requirements. All monitored and tracked in the latest systems. This approach is less heavy-handed, but equally oppressive—and mind-numbing to boot.

Madoff used this also to his benefit. You want forms? I’ve got forms. But the data was itself bogus.

Transparency. Lawyers, financiers, mortgage brokers and credit card operators love transparency-as-panacea. Coupled with a convenient belief in efficient market theory, this enables people to blame those who didn’t read the small print (Rick Santelli, are you listening?).

Madoff used this to his benefit too—blitzing investors with day-trader-like “records” of trades (bogus). We have come to measure “transparency” by the pounds of documents “disclosed,” rather than by their truth or import.

If we focus only on outrage at Madoff and at government bureaucrats, our politicians will do what they’ve always done: legislate more structural boundaries, design more and more checkbox procedures, and require publication of more minutiae. And thus we’ll enable Madoff 2.0–even faster this time.

Regulation 2.0.  There is a better way.

It is based on a simple fact–people are human. People are good and bad, trusting and non-trusting, sometimes all at the same time. Systems don’t commit fraud, people do. In this case, one Bernard Madoff.

Yet our existing regulatory processes are entirely non-human. Walls, processes and transparency are mechanical things. Devised by people, they can be broken by people. And being inhuman–we don’t trust them.

Our existing Philosophy of Regulation does not engender trust. To trust our institutions, we have to return to a simple principle: trust is inherently human. We have taken the human part of trust out of regulation, and we’re paying the price.

Tomorrow’s BlogPost: Why we need to build regulatory policy more around personal trust.

How Not to Sell a Window

We need to replace our picture window, so I’m told.

My wife, Thelma, is an Architectural Designer. Whatever she says goes when it comes to house repairs and needs. My opinion, while sometimes solicited so I don’t feel left out, isn’t really relevant, and that’s fine with me. So, when my wife started getting quotes, I didn’t even answer the phone.

On one call, I couldn’t help overhearing one side of the conversation, and wish I’d heard what the window guy said exactly. It went something like this:

Window Guy: I understand you’re looking for new windows from the form you filled out at the Home Show last week.

Thelma: Actually only one, in our dining area.

Window Guy: Well we’d like to come out and quote it for you.

Thelma: Ok – when? We want to do it soon.

Window Guy: We’d need to find a time when your husband will be there too.

Thelma (not missing how that sounded): I actually make the decisions on this. I do architectural design, and do this a lot. We don’t need him there.

Window Guy: It’s our policy to have both homeowners present. We can’t do it without him too.

Thelma (with a raised brow and just a hint of sarcasm) : Ok – thank you. I guess we won’t use your windows then.

Who would have thought Window Guy or his script would provide a teaching moment? What Trust Principles were ignored, and what was the result?

From the book Trust-Based Selling, the four principles that drive Trust-based Selling are:

1. A focus on the customer for the customer’s sake, not just the
seller’s sake.

Let’s see. Window Guy has the person on the phone who requested the quote, who’s experienced in the field, and who has clearly identified herself as both the technical and the economic buyer. His script–if that’s what it was–focused on whose needs?

2. A style of selling that is consistently collaborative.

Thelma was pretty clear that she was ready to collaborate. So the customer collaborates, but Window Guy can’t get out of his own way and off his own agenda.

3. A perspective centered on the medium to long term.

She’s an Architectural Designer, and probably helps clients decide about windows. I bet if she were a happy customer if she’d be a great referral source–for Window Guy! But on the other hand, if she’s unhappy, would she ever refer Window Guy? Or would she perhaps even suggest others if the name came up?

4. A habit of being transparent in all your dealings with the customer.

Thelma was transparent. She said exactly why I didn’t need to be there. Window Guy? He never shared why it was relevant for me to be present. Maybe they have experience with customers that evidenced a need to answer both homeowners questions at the same time. But he didn’t share that, or any other reason, and even if there was a reason, it should have been one that complied with Trust Principle #1 above. But he never got there, because he wasn’t listening, or there was no place in his script to allow for a dialog.

The result? First, Window Guy didn’t get to bid because I won’t be there. Second, we don’t have to deal with that company.

Maybe in Window Guy’s world that’s a win-win. Not in mine.

Mini-Madoff Scandal Scales New Linguistic Heights

R. Allen Stanford, head of Stanford International Bank, has been charged with fraud by the SEC.

Another day, another Ponzi scheme. Stanford’s take: $8 Billion. Not chump change, of course, but neither does it put him in Madoff’s league (up to $40 billion).

I think I shall call him mini-Madoff.

But the Stanford scandal has set a linguistic record—a record for creative disingenuousness. According to Securities Docket:

…one of Stanford’s own lawyers has emerged as a key figure in the matter. Bloomberg reports that last week, Thomas Sjoblom, a partner at law firm Proskauer Rose doing work for Stanford’s company’s Antigua affiliate, told authorities that he “disaffirmed” everything he had told them to date. According to his bio on his law firm’s website, Sjoblom spent nearly 20 years at the SEC, and served as an Assistant Chief Litigation Counsel in the SEC’s Division of Enforcement from 1987 to 1999.

“Disaffirmed” (italics mine). Doncha love it?

I hereby nominate “disaffirmed” as the new leader in the “Mistakes Were Made” category at the forthcoming Creative Language awards ceremony.

This is no trivial honor. It outpaces such classics as “the dog ate my homework,” “I have no recollection,” and “it depends on what the meaning of the word ‘is’ is.”

In my humble opinion, the only one that comes close was “modified, limited hangout” from the Watergate days.

It is a distant descendant of the old IBM (or was it GE?) culture that used “concur” and “dis-concur” as part of its decision-making process. But that was for standard business processes; this is for excusing $8 billion of malfeasance—clearly vaulting the term into another category altogether.

Sjoblom, a 20-year SEC employee, originally affirmed certain facts to his old employer. Enquiring minds want to know–where did he learn “disaffirm?” Was it at the feet of Stanford? Did he bring it with him from the SEC?  Was he–oh, this is juicy–speaking Ponzi-talk?  Or was he talking bureaucrat-speak?

And what’s to make of the syntax? Does it truly confound logic, as in "have you stopped beating your wife?" Or is it just a fancy "I lied?"

Never mind–let’s be practical. Where else can we put this word to use? After all, if you can undo a legal affirmation by using it—why, the sky’s the limit!

  • That affair I had back when I was married? I’d like to disaffair it, please.
  • Remember when I said I’d pick up the tab? Distab that, if you don’t mind.
  • The vows we made at our marriage? Disavow them, please (oops, that one’s a real word). Yes, I know I said "I do," I’m just saying "I dis-do."

You get the idea.

Language evolves marvelously to fit the circumstances requiring description. So it is here.  Double-talk is as double-talk does.

Mini-Madoff financially, perhaps. But in a league of its own in AOL—Abuse Of Language.

Management is Still Fighting the Industrial Revolution

Let’s think big picture today.

Ideas lead technology. Technology leads organizations. Organizations lead institutions. Then ideology brings up the rear, lagging all the rest—that’s when things really get set in concrete.

Doubtful? Think the Catholic church.

Or, think the history of capitalism. The Industrial Revolution, depending on who’s counting, ran roughly the 19th century. As sweepingly mapped in Alfred Chandler’s classic The Visible Hand, the development of management followed the development of industry.

In his view, by 1920 the major lines were laid down. From 1920 to 1960, the theory of management basically just caught up to reality.

From the 1960s to basically today, it hasn’t changed a whole lot more, except for new approaches to strategy and process engineering. Most approaches to ‘strategy’ just quantified and clarified pre-existing notions of corporations competing for dominance against each other. The advances were incremental, in the application of sharper theories, models, metrics and data-crunching.

Today, just like in 1920, the reigning ideology of business is competitive, linear, behavioral, measurable, and quantifiable. Set financial goals. Define organizations, processes and procedures in cognitive terms. Convert all resources to financially fungible terms. Define finer and finer levels of behavioral objectives. Put financial incentives in place. Install sensors to micro-measure results. Step back and watch the machine run, tweaking the cheese rations as necessary.

What this view of business is NOT is everything that’s happening at the front of the chain—the technology-to-organization reality that drives all else.

It does not recognize cross-corporate borders, fluidity, collaboration, transparency, humanism in any serious sense, community, ethics, politics and the economics of the commons. All of which are critical business issues today.

We are stuck with a belief system rooted in the late 19th century.

Segue-way to a most interesting article by Gary Hamel in the February 2009 Harvard Business Review, titled Moon Shots for Management. Hamel, when at his best, is arguably the most creative business strategist extant; and here he is very, very good.

He reports out the results of a 2008 group brainstorming exercise aimed at nothing less than re-inventing management. From Management 1.0 to Management 2.0.

The article lists the Top Ten ideas from the group, including the following:

• Ensure the work of management serves a higher purpose
• Reconstruct management’s philosophical foundations
• Reduce fear and increase trust
• Reinvent the means of control (less compliance, more shared values)
• De-structure and dis-aggregate the organization
• Create a democracy of information.

And so on.

These are indeed Big Ideas, and it’s about time. Our old ideology is not only behind the times, not only holding us back, it is positively destroying value going forward.

We cannot afford another Sarbanes-Oxley bill to prevent the next Madoff. We cannot afford billions to simply re-capitalize Detroit. We cannot afford to teach people competitive dogma in a world that demands collaboration. And we cannot enforce ethics through processes and controls.

People like Hamel (and me, in this regard) are trying to reform ideologies. That is not easy, since the very terms of discussion are of and from the reigning ideology. How do you talk about things that people cannot conceptualize, given the tainted nature of the very language we use?  (A simple example: how to free the word ‘strategy’ from the unconsciously inferred adjective ‘competitive’)? 

Say "higher purpose" and "philosophical foundations" and you get glazed looks in most companies.  That is not a meausre of its craziness, but a measure of the power of the reigning ideology.  Copernicus sounded crazy too; but he wasn’t.

These ideas are directionally very right. I won’t say they have to come true. But I suspect Hamel would agree with me that if they don’t, we will not progress very far, if at all.

 

Trust Matters Primer 2nd Edition

Welcome to the 2nd edition of the Trust Matters Primer – the best of the Trusted Advisor blog.

This issue features four trust-related posts. They range topically from collaborative environments to a critique of sales metrics, to the subtext of our daily conversations, to a new view of attraction and retention.

This issue introduces four other key Associates: Andrea Howe, Mark Slatin, Stewart Hirsch, and Toby MacKelden – from the Trusted Advisor Associates team. Of the four featured blogposts, three are by them. We will continue to present an eclectic mix of original material on the Trust Matters blog.

Get the Trust Matters Primer 2nd Edition here

Trust Matters Primer 2nd Edition

Welcome to the 2nd edition of the Trust Matters Primer – the best of the Trusted Advisor blog.

This issue features four trust-related posts. They range topically from collaborative environments to a critique of sales metrics, to the subtext of our daily conversations, to a new view of attraction and retention.

This issue introduces four other key Associates: Andrea Howe, Mark Slatin, Stewart Hirsch, and Toby MacKelden – from the Trusted Advisor Associates team. Of the four featured blogposts, three are by them. We will continue to present an eclectic mix of original material on the Trust Matters blog.

Get the Trust Matters Primer 2nd Edition here

We hope you enjoy this material. As always, if you do not want to receive mailings from us, please click the unsubscribe link below to be removed. We take this very seriously: we do not want to offend by keeping you where you do not want to be (read our privacy policy).

To Hug or Not to Hug?

I’ve had several awkward moments greeting several different clients in the past few months, where the unspoken question for both of us has been, “To hug or not to hug?” The question seems to arise with clients who fall in two categories:

1 – Business friends – these are clients with whom I don’t necessarily socialize outside of work, but with whom I have established a relationship that’s far more than strictly business — a relationship marked by candor, warmth, genuine caring, and the easy exchange of personal as well as business information.

2 – Personal friends who have become clients – these are clients with whom I had a personal relationship long before we did any work together.

The dilemma arises when a handshake seems completely inauthentic because it’s too formal and distant, and yet a hug seems out of place in a business setting. So what usually results is a really awkward, jerky-movement thing, like two chickens in a barnyard – one of us sticks out our hand while the other moves in for a light embrace, then we both pull back and switch, trying to match the others’ first move.

Trusted Advisor work teaches us to seek intimacy — not fear it – through emotional connectedness with clients; to dare to show clients that we care about them and that we see them more as human beings than walking, talking revenue streams. And yet the question, “To hug or not to hug?” raises all kinds of ancillary questions. Such as:

-What if my client doesn’t like to hug anyone, let alone his or her consultant?

-Should the rules be different depending on whether my client is a man or a woman? The same gender or the opposite gender?

-What if someone else who is “outside” the relationship is there to witness (or be left out of) the hug?

-What is the equivalent dilemma in a country with different cultural norms, where hugging might be completely off the table but kissing might not?

-How much is too much? Where do we draw the line?

Your thoughts?

A Tendency to Blame and an Inability to Confront

I am on vacation this week, and will be going back to the vault for some ‘oldies but goodies’ posts.  I hope you enjoy them: I’ll be back in a week or so with new material.

Over a delightful lunch last week, a client said to me, “I don’t remember where I got this, but I have a saying I keep nearby in my office:

"All management problems boil down to two things: a tendency to blame, and an inability to confront."

“I know where you got it from,” I said; “you got it from me, and I got it from Phil McGee.” Credit where credit’s due, Phil.

And here’s why credit is due.

A tendency to blame. To “blame” someone means to falsely suggest that they are responsible for some negative thing. The problem starts with ‘falsely,’ and gets worse.

To lie about someone makes you a liar. It means we cannot believe what you say. It means your motives are suspect, and therefore all actions that follow from them.

And lying about someone’s responsibility isn’t just lying–it’s lying about someone. It is an indirect form of character assassination. “Blamethrowing” is an apt pun, for blaming is ferociously destructive.

Finally, it’s evasive. “It-was-him” means “it-was-not-me.” Blaming means manipulating the listener—for the blamer’s own hidden purposes.

Inability to confront. Blame goes hand in hand with an inability to confront others directly with the truth. “The truth” is very simple—it’s what happened, what someone felt, what is. It’s reality.

I mean “confront” here not in a negative sense, but in a sense of being able to speak, to another human being, that which is true. Inability to confront means inability to have an honest conversation with another about the truth.

Evasion. Insinuation. Insincerity. Implication. Avoidance. Dodging, fudging, skirting, deception, fabrication, distortion. These are accusations we level against those who cannot confront.

Yet the accused doesn’t hear them—because their inability to confront extends to themselves. “I didn’t mean to hurt,” they say—often sincerely. But partially "good" motives do not excuse wrongful actions—or inactions.

Is Phil overstating the case when he says “all management problems can be reduced” to these two? Let’s see. What about:

• Giving and receiving feedback
• Interviewing
• Delegation
• Teamwork
• Engagement
• Leadership
• Morale
• Collaboration
• Crisis management
• Persuasion
• Trustworthiness
• Problem definition
• Project management
• Relationship management

Blame and inability to confront affect each item on that list, and that list covers a multitude of management issues.

What is the opposite of a tendency to blame and an inability to confront?

Someone who speaks the truth. Who speaks it in a way that can be heard by all. Someone who accepts his own responsibility—no more, no less. Someone who simply sees things as they are. And who is willing to assign responsibility exactly where it belongs, equally whether it’s his or someone else’s.

When we can see things as they are, and confront them as such, “blame” disappears. There is simply truth, and our various roles in dealing with it. Once seen, it is easily spoken.

The trick is to see things as they are.

 

 

 

62 Sales Tips for a Recession – Based on Trust

 We’ve been exploring a 5-part series on How Trust Principles Can Recession-Proof your Business Development:

  1. The Trust Perspective
  2. The First Trust Principle: Client Focus
  3. The Second Trust Principle: Collaboration
  4. The Third Trust Principle: The Long Term View
  5. The Fourth Trust Principle: Transparency

Today we have have aggregated all 62 Specific Sales Tips in one post for your convenience. You can also download 62 Specific Sales Tips as a pdf for easy reading and forwarding to friend.

Organized by the Four Trust Principles (Client focus, Collaboration, Long Term, and Transparency), here we go—from 1 to 62.

 

How to Succeed in a Recession with Client Focus

 

1. You’re a staff strategist or a line marketer. You have one mandate: Focus. Downplay new lead generation—recessions are time to dance with the one who brung you. Good strategists know saying yes to one means saying "no" to others. Resist the temptation to go RFP-hunting. Let your #1 customers know who loves them, and show it.

2. You’re a financial planner. You fear client phone calls in a recession—they mean withdrawals. Do the opposite—call your clients. Give them life advice, like "next year is not the time to retire after all." In times of fear, those who reach out to hear the pain are those who gain later.

3. You’re an accounting firm. It’s tax season. Everyone thinks you’re busy. Surprise them with something free:  a 2-3 hour clinic for your clients’ kids who are now college graduates on how to do their own taxes.

4. You’re a CPA firm. Offer to "spotlight" your client’s human interest / charity / goodwill story on your firm’s blog or newsletter.

5. You’re a restaurant owner. You know who your good customers are. Surprise them next visit and pick up the tab. Quietly. After the meal.

6. You sell insurance but don’t track your clients’ payment status because you already got the commission. Start tracking them now. In a recession no one wants unintentionally lapsed LTD or long term care policies.

7. You’re majority owner of a private company. Take off your shareholder hat and put on your investment hat. This is when you grow share by growing trust. Draw down on the shareholder account to invest in the employee, customer and supplier relationship accounts.

8. You provide tech support to home businesses. That green stuff about lowering electrical costs is a lot more interesting to customers than it was 6 months ago: bone up on it.

9. You’re a doctor, and recessions mean more scrambling for less insurance money. When you have good test results for a nervous patient, don’t wait for the next visit. Call and celebrate with the patient for a few minutes.

10. You’re a one-person consulting shop. Recessions drive changes in customer needs. Can your firm change on a dime to meet new client needs? Of course you can, you’re a one-person firm. Figure out what those new needs are, then go talk to the client.

11. You’re in corporate sales and your funnel has slowed to a crawl. Do your research, then offer your prospect three ideas that can reduce costs in the next quarter without any extra work.

12. You’re anyone. In a recession, customers are more worried and self-focused than usual. Go take that course on listening and empathy you’ve been putting off.  It’s twice as important now, and you’ve no longer got the excuse of being too busy.

13. You’re a practice area head in a professional services firm; project or client relationship managers report to you. When was the last time you visited the top 3-4 clients? Go visit, with your client manager. Your agenda? "Just wanted to hear what’s new with you. Besides our own services, what can we do for you?" And don’t even think about charging the time.

14. Your customers are in retail (or chemicals, or telecom—whatever). Ask yourself what’s changed, new, and critical to them because of the recession. Now ask what you can do to help. ("Increase sales" and "cut price" don’t count). Then redesign your offerings.

(Example: For us, professional services firms are big clients. They are cutting back discretionary travel and training. The "obvious" answer is webinars. But as one client says, "There’s only so much webinar you can take stuck in your cubicle from 9 to 5. We’re being webinar-ed to death." Our solution? The Onsite Offsite(TM). The best of offsites, minus the costs, but without the compromises of conventional one-way datapipe solutions).

15. You’re a consulting firm. Don’t succumb to the "hey, we’ve all got to pitch in here, can’t you lower your rate for us" argument. Pitch in, yes. Make strategic investments, yes. Re-tool your offerings, yes. But don’t lower your rates. It just says you had "padding" before. And an insolvent consultant is no help to clients.

16. You’re a law firm.  Offer a series of brown-bag talks given by partners on recession-relevant topics. Invite your existing clients.

17. You’re a development director for a charitable organization. Your donors are your customers. Instead of asking them for money, turn the tables: ask how a particular donor is affected by the recession. How can you add value to his or her life? With whom can you put them in touch?

18. You’re a systems firm. Your tech leaders need speaking training. Invite three clients to join so they can learn too.

19. After a long day at the office a longtime client contact calls to tell you he’s been laid off. You have to leave, but offer to speak later that night, to help out in any way you can.

20. Some of your customers sell to other customers of yours. Make introductions, then make more.

21. You’re an accounting firm. Hold topical lunchtime 60-minute phone calls for five of your medium-sized clients’ treasurers on recession-relevant topics. You run the logistics and line up the topics. And don’t wait until after tax season, they’re hurting now.

22. Just to practice Principle 1 Client Focus, go drop dimes in someone’s parking meter, or pay the toll for the guy behind you. It’s cheap behavioral training for client focus. And it makes two people feel good.

How to Succeed in a Recession with Collaboration

23. If you’re a consultant of any type, write your next proposal seated next to your client. Bring all your backup records, rent a conference room, and collaboratively proceed to write a joint proposal. Rather than deal with issues after the proposal has been written and sent and it shows up as a disagreement in the final sales meeting—raise it in joint meeting.

24. If you’re a speaker or trainer, put together a speaking tour, or a combined webinar, of like-minded people—including those you used to think of as competitors.

25. Does your company outsource key processes? Is the recession causing strains in the relationship? Have an offsite meeting with key leaders of each firm, with the agenda of "where can we collaborate more, and argue with each other less?"

26. Answer the question the customer asked you, not the one you wanted to answer. The customer is not your competitor—collaborate with the customer by talking straight.

27. If you’re a B2B manufacturing salesperson, call a key customer. Suggest the two firms sit down together offsite for a day and discuss "what could we do better together to make things cheaper, faster, or more profitable for both of us?" Be prepared to share your manufacturing process, costs, and profit margins, so you can figure it out together.

28. If you’re a professional services provider, sit down with your client and see which portion of your services could be performed more cost effectively by the client, or how your costs could be reduced. For example, if preliminary research needs to be done, ask if the client has someone who could do it, and get approval to rely on it, or use it as a base. If you charge for materials, let the client make the copies and produce the the books. When you travel for the client offer to use the client’s travel service if the client can get a better price on travel.

29. If you’re professional services firm with underemployed staff, offer to swap similarly underemployed staff with a client. Both will gain valuable perspective and experience without being taken off critical work. The employees involved will feel grateful and challenged. And the linkages between the firms will be strengthened. None of which would easily happen in good economic times.

30. If you’re in a business where sales are large and take time, then at the next sales presentation meeting, have a client individual co-present with you. And make a point of it, saying "working collaboratively with you is what we believe in, and it’s even more important in tough times like these." Actions speak louder than words.

31. If you’re in a functional department of a large company (HR, Legal, IT), identify 3-4 of the same departments in other large companies in your geographic area. Create a collaborative work group across the companies that meets (within bounds of legal agendas) to share best practices and work opportunities.

32. Give your receivables clerk a budget to buy flowers or chocolates for the payables clerk at your most important customers for Valentine’s day (you’ve still got a few days).

33. If you’re in sales or customer relationship management, go find who, if anyone, is handling innovation for your firm. Ask them if they would like to collaborate on that innovation work with Customer A, Customer B and Customer C?

34. Ditto in reverse. Ask your key customer whether anyone is handling innovation in their firm—and if they would appreciate the chance to work with your innovation people.

35. Look over your professional services providers. Is there anyone with whom you can work a barter arrangement? (Remember to check with your accountant on the tax issues, even if you don’t want to be appointed by the President).

36. If you’re in sales, go talk to your customers’ salespeople. Share best practices and success stories; also share horror stories about how each organization treats salespeople from other companies (including how theirs treat you). You will gain perspective and insight about your customer’s company, and they may even put in a good word for you with their company’s buyers.

How to Succeed in a Recession with a Long Term View

37. Buy two tickets now for a major cultural or athletic event scheduled for mid to late 2010. Send one to a highly favored customer or client, with a note saying "We will get through all this, together, and I look forward to celebrating with you once we do. Keep this ticket in a safe place, because mine is the seat next to yours."

38. Pick your top 3 clients, and strategize internally on how you can strengthen your relationships for the long run. Then go discuss those plans with those three clients, telling them exactly what you’ve done, and why.

39. Help everyone you know who has been laid off–provide advice, contacts, and/or just listen. These are people who are potentially great customers down the road, but don’t do it for that reason, do it because you care.

40. If you’re a consulting organization, now is a great time to establish your alumni network. And if you already have one, kick up the level of involvement. Host cocktail parties in various locations. Establish or update the directory. Get your alumni an intranet page, or a devoted Facebook group or other aggregation. Facilitate their networking.

41. If you’re a lawyer or consultant and not using social media to connect with your clients, now is the time for this type of investment–build your network and help your clients build theirs.

42. If you are one of the many unfortunate individuals who has lost a job, don’t burn bridges in anger, hurt or frustration. You’re now selling you. Keep the long term in mind. Join the alumni network—or offer to help create one. Use social media. Begin networking ASAP. Leaders don’t like causing hardship—they prefer to help. How you act in the days after a layoff advertises your trustworthiness.

43. If a key customer is in the middle of an important job with you and they can’t afford for you to finish it, talk it over with them and offer to defer payment until such time as the customer can pay. That could be a long time. But if the relationship is good, this generous offer creates trust and greatly reduces the risk of nonpayment. And the cost of financing these days is very low. It doesn’t cost much to be generous, it lowers credit risk by creating trust and reciprocity, and showing a little faith and courage does wonders for the relationship.

44. Consider what you can offer your clients’ children. Seriously. A financial planner in Canada offered free investment planning education to a client’s 12 and 14 year old children. His co-workers chided him because there were no fees associated with it. His response was, "Are you kidding? Their father loves me for it; that’s good for referrals. And someday his kids will inherit a lot of his wealth. I’m in this business for the long haul—my lifetime and the lifetimes of my clients."

45. If you offer a client a special "one off" deal, be clear about why you’re doing it. For any deal you craft now, imagine doing the same deal 100 times under similar circumstances. Would you? Would your client? If you didn’t answer "yes" to both, go back to the drawing board. Don’t worry about what you’re going to "get" in the near-term, or even from whom. It all works out in the end when we’re willing to do what’s right. And the end is what matters when we’re living this principle.

46. If you’re a leader, be prepared to lead in a most personal way. The month after 9/11, Koh Boon Hwee, then-chairman of Singapore Air, described the US airline industry’s reaction to the drop in travel: "They laid off huge numbers of employees." By contrast, at Singapore Air, Koh took a massive pay cut, his direct reports took sizable hits, and everyone took a significant but smaller pay cut. He laid off no one. It’s no wonder that travelers, employees and shareholders alike are loyal to such companies. They live the trust principle of long-term focus, and are richly rewarded for it.

How to Succeed in a Recession with Transparency

47. Once you develop your plans for addressing the recession, share your information and concerns with key customers, including how your plans could affect the relationship. This can create an intense, positive discussion.

48. If you have layoffs that affect customers, let them know immediately, together with succession plans for customer contacts. And don’t try to shut off customers from dialogue with their former contacts in your firm; give closure room to work. If you’re afraid of what the employee will say, then you have bigger problems to work on—trying to hide it will only make it worse.

49. If you come up with an approach to the economy that could help other companies—yes, even competitors—share it publicly. Be the company that cares enough about people to share the innovative ideas that could help pull us all out, or reduce the pain that individuals will bear.

50. Share your cost structure with your customers. This will eliminate any suspicions they have about your pricing. They will also appreciate your candor and come to trust you more.

51. Don’t BS your customers about where your own company stands—financially and otherwise—because you’re afraid of looking bad or making your clients/partners worry. Tell it like it is. They can handle the truth. Leave spin control to the ordinary companies out there. When fear rules the land, truth-telling serves as an anchor to those who don’t know what to think.

52. Share personal information about your staff with potential clients. Pictures and bios make it far easier for customers to know who they’ll be working with, or who they’ll be speaking with on the phone. Human to human. It makes it all personal. If you’re holding back because search firms might poach good people, remember—in a recession there’s not a lot of hiring going on. Right now, making customers feel safer is more important than holding rare hiring raids at bay.

53. In sales conversations, compare your product or service to others. Include all relevant information—the good, the bad, and the ugly—to help your customers make informed choices. Do not even think of spinning it—you cannot spin and be transparent at the same time. Realize that some buyers will go with your competitors as a result of what you’ve shared. Deal with it. You’ll end up with more and better in the end.

54. During your next client visit, ask yourself:  is there an elephant in the room? A hidden objection, a pricing concern, a weakness, a broken promise? Take the risk, do the counter-intuitive thing and say something like, "Hey, I might be way off-base about this, but if I were in your shoes, I might be wondering … Is that an issue/concern for you?" You have to unlearn some old bad habits to be transparent. But there are few faster ways to build trust.

55. Now is the time to ask for feedback from your clients. Honest feedback. Really honest feedback. Now is also the time to offer feedback for your clients. Honest feedback. Really honest feedback.

56. Tell the truth about your own emotional reality. If you’re stressed/worried/anxious … saying so will build intimacy. We’re not advocating a public panic attack; we all have to manage our emotions well during tough times. But to an extent we’re all in a similar boat right now and being real about it has its own rewards. Not the least of which is you are far more likely to get the straight scoop from your client about his/her reality, which puts you in a much better position to be of service.

57. Consider sharing information about your backlog, prospective orders, or plans as they affect vendors and suppliers. In a recession, having advance, non-binding discussions about the future is invaluable to those who sell to you. Help them and they will help you. Clam up and refuse to discuss, and you just frustrate them. We normally avoid this kind of disclosure out of fear for losing some competitive edge. That fear is vastly over-stated, and more than compensated for by the supplier loyalty you engender by being willing to open with those who serve you.

58. Your company wants to purchase a complex piece of equipment, but it’s too expensive. Your vendor wants to sell it to you, but doesn’t know how to make it less costly based on your specs. If you are both transparent—why you need it, what it’s worth to you, what it costs them, and how they make it—then together you can find a way to make it cheaper. That’s collaboration—but what enables collaboration is transparency.

59. Share information about your product development plans. Amazon just got slammed on their own blogs for giving their customers no advance warning and no price break for the new Kindle. Amazon will do just fine, thank you, but who needs the bad publicity? Yes, that’s the industry norm in electronics—but that hardly makes it right to tick off your existing customers in a recessionary time.

60. When your client asks you a question such as, "Do you have experience in…?"answer honestly and completely. If you aren’t right for a project, it’s ok. Put your scarcity mentality, which drives your fear of losing the sale, on the back burner. It’s better to address that up front, then for your client to find out later. You should always do this, but in recession-based times of fear and suspicion, the power of transparency in service to the customer is magnified.

61. It’s a naked world—you really can’t hide anything anymore thanks to emails, meetings at Starbucks, cell phone records. You may be practicing transparency unintentionally. But "oops" moments make you look deceitful, especially in sales. So, don’t do that. Don’t say or write anything you wouldn’t mind everyone reading in the newspaper. Honesty and lack of spin in sales in suspicious downtimes is so refreshingly counter-intuitive that your sales will increase.

62. Share your product development plans with your customers before the products are ready for prime time. The software industry long ago figured out that the benefits of letting customers develop their beta releases vastly outweighed the competitive advantage accruing to a customer. People are more likely to buy what they’ve had a hand in developing—if you give them the chance. If you’re in professional services, sharing the early version of a new service offering with potential clients will give you invaluable insight, help educate your buyers, and increases trust. More importantly, your willingness to share your imperfections "early and ugly" says a lot about who you are.


Don’t forget, you can also download 62 Specific Sales Tips as a pdf for easy reading and forwarding to friend.  And, in a spirit of collaboration, we sincerely hope you will feel moved to jump in and share your own comments and ideas.