The BETTER AGREEMENT GUIDE™
BETTER BUSINESS is in The BAG™
CONSULTANT



Consultants are teachers. Great consultants tell, explain, demonstrate, and inspire. They operate on the premise that it is better to teach someone how to fish than to throw them a fish when they are hungry. Consultants have become an important part of our personal and professional lives. I used to trust the consultants I engaged to manage the consulting relationship by setting appropriate expectations. My assumption was that having done this many times before, they understood the importance of managing the relationship. I have learned through some disappointing experiences that most consultants are no different from the general population. They are not good at establishing a joint vision of the project, setting expectations, and managing the consultative engagement.

Perhaps I'm hypercritical because I am so conscious of the nature of agreement, or perhaps I'm just a demanding client. I know we would all be better served if we had clear agreements that reflect what we currently believe is the road map to the expected results, a clear understanding of the process, and, most important, a clear idea of what may change as we begin the work. As a patient, you always sign a general consent form before a surgical procedure because the surgeon cannot know exactly what will be discovered once the procedure starts. Consulting projects are no different.

Here's an agreement I prepared for resolving management conflicts among six dentists who purchased an office building together.

Letter Agreement

Dear

Thank you for choosing me to help you resolve the conflicts you have been experiencing in the management of your office building. I will do my best to honor that trust. I have done my best to express our conversations in the following letter agreement. Please let me know if you would like to make any changes, corrections, clarifications, or additions.

1. Intent and vision: It is our intention to resolve all conflicts that have come up related to the joint ownership and operation of your shared office building. I understand that it is your vision to have in place an agreement that will enable you, smoothly and efficiently, to share the space harmoniously, without conflict or divisiveness, so that you can devote all of your time to practicing your profession.

2. Roles: I will be the facilitator responsible for guiding you through the Process of Agreement and Resolution. You will be active participants seeking agreement and resolution.

3. Promises:

I promise to:
  1. Conduct a process called Managing by Agreement

  2. Speak to each one of you by telephone before the day of the process

  3. Give each of you the opportunity to share all concerns you have

  4. Work with you from 9 a.m. until 5 p.m., or later if necessary

  5. Deliver an agreement that sets forth the resolution of all conflict and an agreement that states your future relationship and the process by which you will run the office building

  6. Meet with you for a half day sixty days after the initial meeting to monitor your results and address any existing conflict

  7. Address any conflict and modify your agreement if needed

  8. Meet, confer, and provide follow-up coaching for you as needed

You promise to:
  1. Prepare for the meeting by listing your concerns, conflicts, and the behaviors of others you find unacceptable

  2. Acknowledge the multiple costs to everyone of the current conflicts

  3. Come to the facilitation and participate fully

  4. Listen to what others have to say and reflect on your own behavior and how it might be contributing to the difficulty you are having

  5. Authentically tell your truth about the situation

  6. Be willing to be educated by what you hear

  7. Be willing to change your behavior in response to what you hear

  8. Abide by the new agreement that is reached

  9. Let go of the conflict, forgive your partners, and step into a new era of relationship

4. Time and value: We each promise to put in the time needed to get to resolution and stay resolved. We each understand it is an ongoing and never-ending process. You agree to pay me $10,000 for the services listed above. You acknowledge that this is a fair price for the services provided. You agree to pay $5,000 upon agreement; $2,500 on being presented with your new agreement, and the final $2,500 at the time of our follow-up meeting.

5. Measurements of satisfaction: Your partnership is operating without significant conflict. More important, you have the ability to quickly resolve conflict as it surfaces. You develop the ability to quietly smile to yourself when you recall how bad it was.

6. Concerns and fears: My concern is that you will not devote the time needed to resolve future conflicts as they arise and that you will not move forward in good faith. You have all expressed the fear that the others are not capable of changing and that you do not know if you are truly capable of letting go of the past.

7. Renegotiation: We agree that even though we have been diligent in expressing all the contingencies we can think of, things will likely arise that we did not anticipate. We agree to modify this agreement as needed to meet current realities.

8. Consequences: We understand that the failure to reach agreement will result in significant financial loss on the jointly owned building, disruption to individual practices because of having to move, and the sense of loss at having to leave a building everyone likes very much.

9. Conflict resolution: If we have any disagreement about our work together, we agree to talk about it. If we cannot resolve it, we agree to select a facilitator to help us get to resolution.

10. Agreement? By agreeing to all of what is said in this letter, we have an agreement in place from which to move forward.

I look forward to the opportunity of working with you.

Sincerely,
Stewart Levine
Agreed and Accepted By

Name
Date

Notice that even though it is a legally binding contract to provide services, it does not look like an imposing formal agreement. In most situations a simple letter confirming what is understood and desired, what is promised, and how much will be paid is much more constructive than a formal-looking document. The content is the same; the impact is different.

Summary: Consultants have become an important part of our personal and professional lives. Often they are not very good at setting expectations and managing the consultative engagement. We would all be better served when engaging a consultant if we had a clear agreement that reflects a road map to articulated, expected results and a clear understanding of the process that will get to the desired results.

Exercise: Think about the last time you used a consultant or had a consultative relationship. Was the relationship successful? Did you get what you wanted? Are you currently in a consultative relationship? What is good, and what needs to be improved? Does the engagement letter inform you of both the process and the expected results? Why not revise it?