PeakStrategy

The successful consultant will always employ basic strategies when negotiating a contract with the client in order to achieve six major goals: avoidance of misunderstanding, maintenance of working independence and freedom, assurance of work, assurance of payment, avoidance of liability, and prevention of litigation. It is unfortunate that our society has placed a pejorative coloration on the word "strategy". The purpose and meaning of strategy here is neither to mislead the client nor to be devious with him. Rather, it is to assure both parties that these six goals, which are in your mutual interest, will be reached.

Let's take a good look at each of these goals, because they are important.

I. Avoidance of Misunderstanding

Misunderstanding on the part of the client is derived from assumptions. When in doubt, the average client tends to avoid asking the consultant for a full explanation. Instead, he assumes your meaning. If his assumption disagrees with your intent, trouble ensues. To avoid any misunderstanding and its resultant problems, I urge you to spell out everything you intend to do--even the obvious. Let us assume, for example, that your activities on a particular project require the preparation of a questionnaire or survey. You could simply state that a survey instrument will be designed and implemented. But you should go further and say that your activities in this regard will include:

• Determination of the information requirements
• Design of the survey instrument
• Testing the survey instrument for face validity
• Pilot testing of the survey
• Modification of the survey instrument
• Testing of the online security requirements
• Development of the data analysis, scheme Etc., etc.

Now we all know that the design and implementation of a survey instrument requires all of the above - listed activities and a great deal more. Your listing of these activities makes your ultimate fee that more justifiable, avoids misunderstanding on the part of the client, and allows you freedom and independence in your work.

II. Freedom and Independence

If you do not specify as I have instructed above, your client may do one or both of two things: question you in too great detail about the specifics of your survey and/or set down his own specifications for it. Working to conform to the client's list of specifications hampers your freedom and independence in carrying out the project. Your list is obviously comfortable for you; his list is a constraint and could ultimately impede your progress. Indeed, this is so important that, should you mistakenly allow this to happen, I would strongly advise you to make every attempt to negotiate that clause out of the contract. Specificity on your part up front also always avoids (anticipates) questions by the client. The fewer the client questions in contract negotiation, the more smoothly and quickly you will both reach the dotted line.