Conflicts of interest in professional services

One of the interesting arguments coming out of Mariana Mazzucato’s The Big Con is that because consulting firms are reliant on a continued stream of business from their clients, there is a conflict of interest as they would not be interested to help clients build the capability to solve problems by themselves.

I’m concerned about this argument because that argument can be made in many other situation such as a lawyer not wanting to help client get out of legal trouble or doctor not desiring his patients to recover, etc. It opens a whole can of worms and at the end of the day, boils down to a matter of professional ethics and the standards we need to uphold within the industry and sector.

I’ve an episode in Mondo Gondo about the financial advisory industry’s conflict of interest. Interestingly, Christopher Tan from Providend revisited this topic again recently. This matter of commission-induced conflict of interest underlies his motivation in founding of his firm. Yet he still struggles with the inherent tension across:

  • the need to make money,
  • the need to motivate and retain his good employees as well as
  • to uphold the interest of his client base.

There may be inherently some industries that are better off for the customers if they were not subject to complete free market type conditions.

Perhaps consulting firms should all continue to stay in the form of partnerships and not allowed to get too big. Likewise, financial advisory might be better off as an industry of freelancing individuals. They can be subject to strict industry and professional body standards rather than be firms operating with huge overheads.

Sales or professional service

Whether you’re in a law firm, accounting firm or consulting firm, as you rise up to Partner status, your major contribution to the company is deemed as sales. Nevermind you’ve accumulated lots of experience and is able to solve very tricky issues for clients, if you fail to bring business in, you have failed at your role. This is a challenging thought and it made me wonder whether the end point of growth in professional service and being able to serve clients well is just sales? Or is that all a false dichotomy to begin with?

How can we set up sales situations such that it is less adversarial, where we can be really win-win rather than see it as a zero-sum game. In some sense, it is true that a client can still get some kind of service from another firm, a competitor whereas when they walk away from you, your firm gets nothing. So it is very easy to see it as a win-lose kind of deal. And moreover, the client will be putting in process and structure to try and get the best deal out of their vendor. That is simply the way the mature market economy is set up. Can there be really different rules and different ways of working to contextualize situations in ways that are less tense and difficult?

Can sales be driven by the desire to serve and not to profit from the client? How can sales be set up such that the joy of service pays and profit is just a byproduct? I think the missing piece in the puzzle is really around the purpose and the conviction of the service to be rendered. When one is truly able to deliver superior service and product, with a strong faith that it will satisfy the clients’ needs, then the sales situation will be more of a win-win deal. The client loses out by walking out because you are the one who is able to bring the solution to the client.

The question is how do you know? Perhaps that is for another day.

Owning the problem statement

As you might tell, I’m back to in the mode of thinking about the nuances involved in problem solving. The reason is in part because I’ve been interviewing candidates for various roles in my company across four different offices in APAC. That forces me to start considering what are the attributes I value highly and what really demonstrate those attributes. Some of these are really so nuanced and difficult to really describe or pinned down – mostly uncovered through questioning and observing responses in various circumstances.

I am reminded to be grateful for the experience I gathered while working within the Singapore government as part of what was known as International Enterprise Singapore and also Infrastructure Asia. In both instances, I had to work across cultures in Asia which forced me to be sensitive about culture differences and made me pay more attention to the manner we can communicate better. It was also a very collaborative environment that involved a lot of coordination, across departments, government agencies, teams and across various levels. I had the opportunity to with ministers, very senior public servants and observed the way leaders approached problems and manage delicate situations.

And because early on in my career I dealt with a lot of issues where I had to own a problem statement without having the full solution to it but rather, coordinating and managing teams of people, often with different interests to get to the solution, I came to be comfortable with project management. It wasn’t something I had consciously picked up but it was emergent through the themes of various work I did.

Often, what earns us the right to serve our client as consultants is really the ability to take hold of, and own the problem statement that you’ve determined alongside your client. It is not the mastery of content or topic or expertise in particular subject matter. All of that should come along but there will always be someone better than you out there. The ability to take responsibility and do what you can to harness and gather the resources towards solving a problem is the more valuable attribute.

Hunting for problems

In a previous workplace of mine, there were a lot of strong, capable people who were good at problem solving and very oriented to that. However, they were not always good at identifying the right problems to deal with nor defined the problems well. So they went on and hack away at problems that were poorly defined and ended up not solving much. A lot of resources, energy and efforts were squandered on poorly defined problems.

To give an example, we could think about it from the perspective of an observation first. Say, there is a cat which is on a tree and meowing. Objectively speaking, it is not clear if there was a problem. It might be a problem to the flat owner on the second storey who is annoyed by the noises made by the cat. A cat lover might think the cat is stuck on the tree and unable to get down. The one who planted the tree and lives on the ground floor might think that the problem is that the cat might scratch and damage the tree. Now if you want to help, you need to define the problem in the context of someone’s perspective.

While there seem like a ‘straight-forward’ solution which is to remove the cat from the tree, if none of those people I mentioned saw it as a problem, then it would not have been considered a solution to begin with. If we contextualise the problem as the meowing, then the solution could just be to get the flat-owner to put on earplugs or insulate his flat from external noises better. Without the other stakeholders in the room, the solution set actually expands.

Problem solving is just the last stage of a repertoire of skills we need in the modern workplace. Being able to identify, define and contextualise problems can be just as, if not more important.

Delays and promises

Ordered something and there was something wrong in the order? Delivery delayed? Put in a complaint and got a voucher code? What was the promise from the company when you first made an order? Was that promise broken?

Service promises have been escalating under the competitive pressure in the consumer markets. But these promises are increasingly costly to deliver consistently and cheaper to break.

Think about these platforms – they probably make about 10-20% margins so giving you a $5 voucher might cost them only $4 but you will end up spending $10 more potentially which allows them to cover another $2 and end up costing only $2 for the broken promise rather than having to invest in better systems or pay their service staff more to serve you better.

In long run, it does mean you pay higher prices, continue to get poor services and allow these business to remain in that bad cycle.

If we start taking promises by businesses more seriously, be less tolerant of poor delivery of service promises, we might just be able to create a better culture for business and for our future generations.

Specific thinking

I wrote about the holistic thinking that was characterised by western researchers of Asian’s approach towards persuasion as contextualised by Erin Meyer. I had the chance to reflect a bit more on specific thinking as I begin to observe it more and more at work in western workplaces and cultures. There are no right or wrong and the good and bads can only be appreciated from particular perspectives or lenses.

Specific thinking parcels out bits of work and various tasks, having more of a tendency to operate in silos even when coordination is excellent. This can make things difficult to change and also individuals becomes less sensitive to the overall workings of the system they are part of. It can be good in that it reduces the anxiety around being unable to bring about the intended collective outcome because one can just focus on delivering one’s part and leaving the rest to others. Being specific in thinking also encourages focus on the smaller specific outcome that is within one’s control.

However, specific thinking may mean that there’s less ability to navigate situations that are far more complex where clarity does not come instantly. For example, during a business development meeting, one may not yet figure out if there’s chance of collaborating or working with the prospect when we are still in discovery phase. Specific thinking can lead one to try and force a result and be counterproductive, or to give up too early.

Specific thinking may also render us unable to genuinely celebrate collective wins as one becomes overly focused on the parts they are ascribing to themselves to the extent they ignore other parts of the system they are part of.

Just some observations and muses on my part.

Training programmes

During my time in public service, I’ve attended lots of different training programmes. There were a lot of training on writing minutes, professional reports and trip reports, as well as some on professional etiquette in a wide range of situations including during presentations, business meetings, business meals, cross-cultural interactions and so on. I won’t say all of them stuck with me and in fact, the elements that stuck were the ones I found useful on the spot and decided to make it a point to adopt. If they didn’t stand out when I first received them, the chance of them being useful to me was really low.

So the notes I took during those courses were at best museum artifacts of professional training I had received. The greater learning was done actually observing how my seniors, my managers and bosses behaved in those various settings, what they deemed important and asked questions about in reports and minutes. Those standards and disciplines were cultivated in that manner rather than through a couple of hours of training. In fact even days of training won’t cut it.

So is training a good way to enforce standards and uplift them across the people in an organisation? I think it can be if it aligns well with what is being practised and expected in an organisation to such a level that the senior management is practising them already. As David Maister rightly pointed out, training doesn’t work if it’s designed to change the juniors or frontline staff while the senior management or middle management is allowed to be set in their old ways.

Expert vs advisors

I’ve been reading the ‘Strategy and the Fat Smoker’ by David Maister. I think very highly of David’s crisp thinking in the manner he approach strategy and the manner in which he cuts through issues and topics. He simplifies the concepts to the core of the subject matter without ignoring the human elements in them.

One of the interesting ideas he introduced is the idea of expert vs advisors when it comes to serving in professional services. A lot of consultants claim to desire to serve customers as advisors, as trusted partners but in reality they want to be treated as the expert, to have control and defend their expertise rather than to build strong trusting relationships with their clients.

In essence, from my perspective, the expert cares about the topic and the subject matter more than the client’s problem. And as a result, the client can benefit from the expertise but more as flat information or knowledge than actionable insights.

The advisor may not be the expert but he gains his authority to consult with the client through his deep understanding of the client’s problem. And that allows his synthesis of insights gathered from other parties, especially those who consider themselves experts.

A client can decide what he needs is an expert but he can never expect the bespoke synthesis to come from the expert. He or she will have to take responsibility for that.

Ready-made solutions

Just add hot water to instant coffee and you get your morning cup of coffee. Boil some water and pop the noodles and powder in, or even better, just rip the packaging and put it into the microwave, pressing just a few buttons then wait – and you get your meal. Bring a packet of ready-mix cement and mix in water, and you can have some of the bonding materials for your brick building. Or you can start paving the road.

So why can’t you just order a report and instantly know everything there is to know about a market? Or to pay someone to give you all the answers to entering a market for your business? Even better, pay someone to enter the market, run the business for you and then you just reap the business success benefits? The challenge of having instant, ready-made solutions in some parts of life is that we start expecting all parts of life to be like that.

And worse still, we allow the market to grow into crevices of our lives expecting it to deliver but it never does. Professional service can deliver a report but won’t be able to ensure you learn all about a market. You could get someone to develop a strategy to enter a market for your business but you’re the one who would eventually have to follow through with it. And moreover, the less you’re involved in co-developing the plan, the less you’ll be able to actually execute it.

There are just so much work that is better, more beautiful and meaningful because they involve co-creation and where you’re paying for someone to partner with you to make a new thing happen. The reason you’d pay them for it is because you will eventually reap the full benefits of the result while they wouldn’t have been working to partner with you otherwise. And in this domain, there are no ready-made solutions for you to purchase; you will have to do the work if you want the success. And it won’t be guaranteed.

Mission of energy transition

The market has a role to play in the energy transition but the market is not responsible for the transition. Technological improvements and our sense of purpose or mission does not come from the market – they are exogenous inputs. What is challenging about the market is that it does have a life of its own and there are always entrenched interests pushing against the direction of the mission that the world is on. It is not just about gaining buy-in to the mission but unraveling the interests vested in it.

That is a serious conundrum especially when we need to transition fast. The bigger the vessel, the harder it is to steer and change directions. So it is with the market economy. The most vested the market is with the status quo, the greater the reach of the tentacles of the market through the system across areas of life, the harder it is for change to happen. Or at least directed, meaningful change.

It is probably time to recognise that the market can help drive the demand for greener fuels and renewable energy if the incentives are put right. It is also critical to recognise that the economics around change can be arbitrary and a snapshot in time. Cracking the puzzle is not just about performing a cost-benefit analysis and saying whether to proceed with this or not. It is about identifying the pain-points, challenging the status quo, re-jigging incentives and rallying the champions.

We have done that before, with ushering more peace, with managing overpopulation, with feeding hunger, dealing with poverty. We can deal with the challenge of climate change and the transition of our economy. If we make it our mission to do so, rather than to wait for the market.