Ethics Is Not Just A Word In The Dictionary
Let me be clear from the start; I am neither an ethics professor, nor do I play one on TV. (Sorry, just couldn’t resist that.) But I am going to address a serious topic because, as designers, you will come across it all the time. Although “business ethics” is now offered at many colleges, it’s still “theory” as long as you are in the classroom. Trust me – this is a real issue. And it never goes away. Fortunately, when handled appropriately, situations regarding ethics can make your reputation and guarantee that you will be well regarded. So let’s chat. First of all, let’s talk about how you will encounter ethical situations.
If you are a solo practitioner, it begins when you first talk to prospects, evaluating whether there is a good fit. The first thing to ask yourself is “Does this present any conflict of interest for me? Do any of my present clients compete with this one?” If the answer is no, you have a new client. But you’re not home free.
One of the main reasons companies seek design services is to launch a new product. You will learn why it’s bigger/smaller/faster/better than the competition’s. “Bingo” – proprietary information. (You may even be asked to sign a non-disclosure agreement, which I have been asked to do on occasion, and see no problem in signing. It helps solidify the relationship and lays the groundwork for future work with the company.)
In addition, if you ask the right questions, you will probably find out how the company sees itself positioned in the marketplace. You’ll help them determine whether ads should be designed for image building, fact presenting, or straightforward product comparison. “Bingo” number two – their market strategy is revealed. And whether they remember to stress it or not, they don’t want that to get out to the competition. At this point I know what you’re thinking: only an idiot would divulge proprietary information to the competition. But most people don’t intend to leak information – it just happens. Think it couldn’t happen to you? Don’t be so sure.
Let’s make the fairly safe assumption that you tend to hang out with other designers and media people. You meet for dinner, a movie, or drinks, and you naturally talk about how you’re all doing at work, etc. So you tell them about your client with this “great new product” whose campaign you’re working on. You’re excited; so you tell them how you are going to really make your mark on this one, and how your client is going to eat the competition’s lunch. You can see this happening, right? Of course you can. It’s only human nature to talk about that which excites us. Problem – the stranger on your left at the bar works at the agency that handles your client’s direct competitor. Or worse, he IS your client’s direct competitor. Ouch…you just divulged your client’s strategy to the competition.
Isn’t it amazing how lives and businesses crisscross? This is something our government has known for years – the Navy has a saying, “Loose lips sink ships.” Think about it. And on a practical level, in the abovementioned scenario you can kiss future work from either your guy or the competition goodbye. And don’t even get me going on our litigious society. Another reason so many creatives and consultants have “error and omission” insurance!
The same principles we’ve been talking about also hold true if you work at an ad agency. As an agency you have a true fiduciary responsibility to your clients. Hopefully, your agency would not take on any client that presents a conflict of interest, so let’s assume that’s a non-issue. But agencies face other problems. For instance, I own an ad agency (www.richardsandlord.com) and magazine ad reps come and see me all the time to try and sell me ad space for my clients. Because they also sell space to my client’s competitors, I have to be careful what I say. Good questions to pose to an ad rep: “Who is your audience? How would you define their job functions? What industries do you serve?” Bad question to pose: “Do you reach engineers in the whatever industry? We see that as the next market for our client to explore, and don’t’ think anyone else is really paying attention to it as a market for this product.”
If you have a good ad rep, they are like Father Confessor and nothing goes past the confessional. If you have an unenlightened rep, he or she may use the information when trying to sell to your client’s competition by saying, “You should really be placing some space in our whatever-focused issue. So-and-so Company thinks that is going to be a hot new market for them.”
To be fair, I don’t think there is necessarily anything wrong with reps’ telling their prospective advertisers “So-and-so is going to be in this issue.” Clients like knowing where their competition is advertising – but the critical difference, as I see it, is that by simply saying they are going to be in the issue, the reps haven’t divulged So-and-so’s strategy by saying why they are in, what market they are specifically targeting, or anything else in the way of strategic information that was entrusted to them. As a designer, the above ad rep scenario may never apply to you. In some agencies, however, things are always done by a team, so you may be sitting in on meetings where it could very well happen.
By this time I’m sure you’re starting to get the picture. Elevators, restaurants, trains and planes all naturally foster conversations. But you just don’t know who is standing next to you, or how they could damage your client if they knew his business. So save the specific business conversation for the office where you are in your own “safe” environment. And if you are so excited that you think you will burst if you don’t tell your buddies at the bar what you are working on, take a deep breath. Remember the words “non-disclosure” and let them be your guide as to what, and how much, you say.
A couple more thoughts on conflict of interest. You will be respected if you don’t waste time with an interview once you suspect a conflict. It’s simply better to say “I currently am handling So-and-so Company who makes widgets. Do you see that as a conflict of interest?” Let them decide. Time is money, and nobody wants to waste either. They will respect you even more if you recommend another designer who is qualified and available. When you earn a reputation for putting your client’s interests above your own, people trust you. They seek you out. And they recommend you. Recommendations are your lifeblood. If you think I am exaggerating, read on. I’ve seen this firsthand.
The impetus for me to open my own agency came when I was still an ad rep. With no notice, my publisher decided to let all three of his U.S. reps go as he moved in another direction. My two colleagues secured other sales jobs, but I decided to realize my dream and open my own ad agency. I had extensive experience in PR; had been in the publishing industry for almost twenty years; and as an ad rep for many of those years, had given strategic advice to clients as part of doing what I considered a good job. It was the “perfect storm” of opportunity.
I called my then-current clients to let them know I would be leaving the magazine and what I would be doing, and one immediately said, “Does that mean you could help us write our PR and help with our marketing?” When I told them indeed it did, they immediately became my first client. Why? Because they knew I had always put their interests first. They knew they could trust what I said. And they knew I had never divulged any of their strategies to anyone.
Other clients helped in their own way. If they couldn’t use me as an agency, they gave me referrals and moral support – two vital things for a startup. Integrity. Trustworthiness. A reputation for being a “straight shooter.” These are the things that will chart your path to success every bit as much as your talent.
A few other things bear mentioning with regard to ethics. It’s not just the obvious things like avoiding conflict of interest that make us ethical. Equally important are the mundane everyday things that reflect our integrity:
• If you give your word that a project will be completed by a certain date, meet your deadline. A domino effect could take place if you don’t. People at the printer (or any point of service) could be put on overtime to get the job done “off schedule,” incurring additional charges for you or your client. (By the way, if it’s your fault and you get late fees, etc., eat them. It’s not the client’s fault. If the client is the holdup, however, use your own judgment as to whether it is appropriate to pass on the cost. It’s a fine line sometimes.)
• If you promise a whole new campaign, deliver one. Don’t simply rehash an old campaign, changing a picture or a slogan and labeling it “new.” The client deserves what you promised. Get in the habit of always delivering your best possible job.
• If you have meetings scheduled, don’t cancel them unless your house is on fire. Again, the domino effect. You have no idea how you could be impacting other people. And be on time. Remember, time is money.
• Be prepared. You gave the impression that you knew what you were doing when you pitched your services. Prove it.
• Don’t talk negatively about the client. It’s like family – you can fight with your brother, but you jump in and defend him from his attackers. If you find yourself always complaining about a client’s treatment of you, either find a way to address the issue or drop the client. Life’s too short, and frankly, you will seem ill-equipped to play with the big boys if you can’t handle the relationship. Not good for business.
• Pay your bills on time. You expect it; so do others. If you subcontract services, you need to pay that fee in a timely manner unless you have agreed to other arrangements.
• Don’t steal ideas – or work. It will come back to haunt you. And it’s just plain wrong. Share the credit and the praise. It’s amazing how others will bend over backward to help you if they know they are appreciated.
In a nutshell, never be afraid to the take the high road. You meet all the people you really need there. And it always gets you where you need to go.