Chapter 3. Sorting Out the Legal, Financial, and Administrative: First, Let's Kill All the Lawyers

The information in this chapter is designed to provide you with options as you organize legally and financially. It is not intended to be legal or investment advice, and you should see your personal attorney and financial adviser to determine what is best for you. (But make absolutely certain that they are professionals who understand solo practitioners and small, professional services firms. Not every lawyer and accountant is good at this, though they all claim to be. More on this later.)

Now, having made that disclaimer, let's look at some smart moves. That quote above about killing the lawyers is almost always misconstrued. Shakespeare put the words into the mouth of his character Dick Butcher in Henry VI, meaning it satirically: If we blame the lawyers and kill them all, we'll be in even worse shape than we are now.

Here is an unqualified rule: Find the absolute best help you can for your legal and financial matters. Do not use your cousin Louie, or the attorney who closed on your mortgage, or the accountant who does your taxes. You need professionals who are wise in the ways of small business and entrepreneurship and, believe me, those traits do not reside in every lawyer and accountant. Ideally, you want someone who was once where you are, beginning a firm, forging a new business, balancing work and private lives, and prone to take prudent risk. That person will empathize with you and appreciate your position.

How to do you find them? Ask other entrepreneurs whom they use for legal and financial advice. (This isn't like the hairdressing or catering business where people want to keep their favorites a secret. Referral business is considered a professional courtesy.) Interview the referrals through a brief visit to their offices. Look around. Get to know them. Experience the chemistry.

This is a person whom you're going to have to trust implicitly. Don't be bashful about exploring your position and learning what kind of help you can get. One great advantage: Attorneys and accountants still bill by the hour (though more and more are joining my Mentor Program, finally understanding that hourly billing cannot create wealth), so you'll have a controlled investment, without worrying about retainers, although you will have to worry about a meter running during tax season, incorporation, and so on[17]. Having said that, don't go shopping for the cheapest help unless you also believe in finding the least expensive heart surgeon when you need bypass surgery.

These are the criteria to use in selecting an attorney and an accountant:

  • Professional staff. You do not want a one-person operation, even though you are one, yourself. You will need backup when they are not there, and you will want a support staff and resources. This is no time for a one-person band, no matter how inexpensive.

  • Entrepreneurial experience. The managing partner should have the experience of building a professional services firm, and the firm should have other entrepreneurs as clients. Ask for references.

  • Accessibility of managing partner. You don't want to be foisted off on the most junior person. Ask to meet the managing partner and establish a relationship with him or her.

  • Contacts. It is quite common for your attorney or financial adviser to refer business to you, to recommend banking relationships, to introduce you to key pro bono work, and so forth. Find out if the firm has that kind of history and culture.

  • Atmosphere. Is the office professional and pleasant? Although not a must, is there the potential for a borrowed office on occasion? There may be times when you have to refer people to your lawyer or accountant. Is the office run professionally?

  • Support resources. Does the office reach out with newsletters, advisories, and proactive services about issues affecting your practice? Or will they simply respond when you send in your taxes or a legal question? Ask about such services, or check with references.

  • Risk-taking match. You and your professional advisers should have a common value set about the amount of risk you want to take in financing, taxes, investment, and so on. This is essential to your ultimate comfort level. It's equally as bad to have an adviser who is too conservative for your taste as it is to have one who is too aggressive. The younger you are, the more prudent risk you should be willing to assume.

Make your decisions carefully about these two professionals, and your business will be helped immeasurably. Make hasty decisions here, and you will find yourself paying for support that isn't effective at best, and costs you money at worst.

Legal Requirements and Organizational Options

Always incorporate. There are various ways to incorporate, but choose one of them. You do not want to be Charles Jones d/b/a (doing business as) Jones Consulting. The reasons are unequivocal:

  1. A legal entity affords legal protection. Although your company can be sued (and this is an increasingly litigious society), you can purchase errors and omissions (malpractice) insurance to protect it, and your company will not have much in the way of assets, anyway. This protects you from someone coming after your house, car, and personal property.

  2. A legal entity can raise money on its own. Your firm can secure its own credit line, borrow money, own property, and so forth.

  3. It is always a good idea to separate personal from business affairs in the event of unanticipated trauma. Divorces, deaths, family lawsuits, private lawsuits, and other unpleasantness can be isolated from the business if it is a corporate entity.

  4. You should look like your clients. You will have to file certain forms with clients to obtain payment, and a federal corporate identification number looks a lot better than a personal Social Security number. You want to give the impression of a complete professional operation, and that means incorporation.

  5. There are people, including some very poor attorneys I've met, who will advise you that you needn't incorporate. Listen to me: RUN, do not walk, from their presence.

Incorporation can take several forms, all of which have their own advantages. The most common ones follow. Consult with your financial and legal advisers to determine which is best in your circumstances. The costs for these configurations vary, but the range should be from $300 to $1,000, which will include all government forms, corporate seal, all registrations, and related matters. You will be required to file annual reports with a fee in most cases, which your law firm should handle for you automatically. Annual filings generally cost from $50 to $300 in most states.

  • C corporation. The C corporation is the common form of incorporation in the United States, and mirrors what the overwhelming number of your clients use. The corporation here is a completely discrete and separate entity, with separate bank accounts, tax returns, and so forth. There will be shares issued in the company, presumably in your name and in the names of any others you designate.

    The advantages of a C corporation have largely disappeared over the last couple of years (and since the prior edition of this book) as the laws have changed. You may still choose this alternative, but it may be somewhat more expensive. However, the next point is the key:

    As long as you take all profits out of the C corporation at the end of the year as salary or bonus, you will avoid double taxation (corporate tax and personal tax on the same earnings). There's nothing wrong, unethical, or illegal about your company's simply breaking even each year. If you fail to do this, you will be taxed twice, once corporately, and again personally when you take the funds as personal income.

  • Subchapter S corporation. In the S corporation configuration, the corporate money flows through the individual's tax return. This is an advantage for small personal services firms. There is less administrative work, and no need to zero out the company accounts.

  • If you start as an S corporation, you can always change to a C corporation and vice versa, should the laws or your circumstances merit it.

  • Limited liability company. Unlike the aforementioned two forms, which have traditional stockholders, the limited liability company (LLC) has members, although the principle is the same. This is often a desired configuration for two or more partners, and you'll find many medical, legal, and accounting firms use it. Instead of Inc. after the corporate name, as in the first two examples, this form uses LLC.

An LLC is usually best for managing assets, such as property, and can own the building, for example, from which your C or S corporation operates. Like an S, the LLC will also flow through your personal tax statement.

Legal configurations can always be changed. Using your advisers, select the one that best meets your needs for the present and the next couple of years. The key is to get this done quickly. When you incorporate, you will have to do a search to make sure the name of your company does not infringe on someone else's trademark. Your attorney will do this in conjunction with the incorporation. Be prepared, because you may find that your first choice of names is not available.

Also, be aware that you cannot absolutely protect a name nationally. My firm is "Summit Consulting Group, Inc." but there are other firms with that name. The determinants will include proximity, similarity, brands, trademark protection, and related factors. Don't feel that your company name and Web URL must be identical, either. More on that later in the book.

Using your own name is always an option. It certainly worked for McKinsey and others. Since ultimately your brand should be your name itself, there's nothing wrong with using it from the outset: Donald Walters Corporation, Jamie Johnson Consulting, Inc., or Francis Carrolle and Associates.

Accounting, Financial, and Tax Matters—Exploiting Opportunities

Establish your company so as to exploit the advantages that corporate entities and business dealings permit. Legal and financial regulations are not merely constraints, but are really road maps to help determine where you can, and can't, go. You can go more places than you think.

The key consideration here is this: The more you can pay for with corporate, pretax dollars, the wealthier you will be. Depending on your tax bracket and the success of your business, an after-tax dollar (that is, a dollar taken out of the company and paid to you as payroll, subject to federal tax, state tax, city tax, disability tax, Medicare, and other sundry assessments) will be worth only about 60 to 75 cents. The more you can legitimately pay from pretax, company earnings, the more powerful your money (which is worth 100 cents).

In almost all cases, a personal services C corporation should break even at the end of the fiscal year. Any remaining profits in the company should be paid out as salary or bonus; otherwise the money would be double-taxed. Corporate income taxes would apply to these retained earnings, and then individual taxes would apply eventually when the money is ultimately paid as salary. With very rare exceptions, the corporation should show no profit at the end of its year. A large bonus check to you is a pleasant problem to have to deal with.

But that's why S and LLC configurations may make much more sense for you. In any case, here are some advantages that you can establish early by building these into your corporate bylaws and procedures, assuming you have a knowledgeable and aggressive attorney and accountant:

  • Medical bills such as noninsurance-reimbursed health costs (for example, eyeglasses, dental bills, aspirin, other nonprescription medicines, and so forth) can be paid from company funds for the employee and dependents.

  • Directors' fees can be paid to the members of the board (you and your spouse or significant other, for example) without a tax deduction. Although taxes have to be paid on the director's fee on your personal return, you have use of the entire sum until the next tax return is due.

  • Directors' meetings can be held and paid for by the firm. While you can't be outrageous—Naples, Italy, is not a possibility—you can certainly be bold—there's nothing wrong with Naples, Florida. All attendant costs pertaining to business are legitimate company expenses.

  • You can pay your spouse, children, or significant other a salary for performing office work or any other support activities. Taxes should be withheld according to the applicable formulas, but this is a fine way to use company funds to pay your kids, for example, for typing, running errands, handling mailings, and so on.

  • Establish a credit line and overdraft protection for the company. The quick way to do this is by using your personal assets as collateral (the business at start-up will have no collateral). However, there are credit card companies that will provide a credit line, which is unsecured, and, when you show some decent income, your bank will also begin to consider a separate credit line for the business.

  • Establish a withholding amount that will pay your taxes but leave you with maximum disposable income. You can determine how much you pay in payroll taxes (see later in the chapter for advice on payroll services). The best formula is one that manages to pay almost all of your federal and state taxes (so that you're not hit with a major payment in April) while maximizing your after-tax salary. Your financial adviser should be able to give you advice on exact amounts, which might change during the year.

  • An office at home and a myriad of other expenses are payable through company funds. Some things are clearly qualified (computer), some things are clearly not qualified (college tuition for the kids), and some things are qualified but ill-advised (premiums for disability insurance, because if you ever need it, the proceeds will be subject to tax if the premiums were paid by the company and not by you personally).

  • Memberships and subscriptions are generally deductible if recognized by your incorporation: health clubs, business clubs, professional journals, newspaper subscriptions, business book purchases, and so on.

Do not listen to friends, others in consulting, or family in these matters. Rely on legal and financial professionals who know their business, know your business, and know the law. That's why a common degree of comfort in risk taking is so important, since the law is often more shades of gray than an October sky in Vermont.

Finding a Banker and Obtaining Credit

Your financial adviser should be able to set you up with a banking relationship if you don't already have one. By a banking relationship, I don't mean a bank where you have a checking account and know where the lines to the tellers are. I mean having a bank officer who is familiar with your business, provides personalized assistance, and can expedite matters for you. I mean someone who takes your calls.

If you're dealing with the bank's headquarters, you should seek out a relationship manager, a small business banker, a vice president of commercial business, or a similar title. If you're dealing with a branch, go to the branch manager. Explain that you're starting your own firm, expect substantial growth, and would like to become an increasingly active partner with the bank for all of your financial needs. Don't show up as a supplicant with your hat in your hand. Meet with the officer as a peer who is exploring a banking relationship. Don't be bashful about explaining that you're looking at several different banks if necessary. (An old bromide: If you borrow $10,000, you're a debtor; if you borrow $1 million, you're a partner!)

Ideally, a banking relationship should provide the following:

  • A specific professional to handle your questions, not a toll-free number or a generic customer service operation.

  • Expedited banking: special ATM cards, special lines, bank by phone, bank online, bank by mail, and so on.

  • Small business services: loans, payroll help, rapid crediting of out-of-state checks, small business advisories, special investment options, and so on.

  • Overdraft protection on your business checks, and a flagged account, so that checks will never be returned unpaid until you are called and apprised of the overdraft. (Your credit history is one of your most important assets. Never allow a bank to return a check for insufficient funds.)

  • Preferable rates on loans and investments, and low-fee checking options.

  • Proactive notice to you of opportunities, for example, new Small Business Administration offerings. (I found a far less expensive loan provision when my banker discovered that the SBA would guarantee the bank's loans to my business.)

Cultivate your banker. Share your printed materials, your client expectations, your marketing strategy, and your methodology. Buy your banker coffee or take him to lunch. Your banker may be able to send business your way, making a win/win/win proposition for two customers and the bank.

You will be offered credit cards for your company from a variety of sources. Your name will be found in the incorporation listings, or the Internet, or from local publicity. Although the rates may be very high, you should accept a couple of these cards so that you have a credit card for the company and to establish credit not related to you personally. The best cards are those with no annual fee and no interest if paid in full each month, but those are virtually nonexistent in the business market. American Express, MasterCard, and Visa all offer business cards, which are easy to obtain if you also have a personal card with their companies. These cards also provide a quarterly report of your business expenditures, although that is of dubious value. (Cards tied in to airlines, clubs, stores, and so on so you can build frequent purchasing points may be worthwhile, but can also demand a lot of your time and limit your choices for relatively paltry benefits.)

However, try not to mix your personal and business charges on the same credit card account. Maintain separate accounts so there is no problem at tax time and never a problem if you are audited[18].

The bank where you have your home mortgage, car loan, or other major business may be very amenable to providing you with business services and gaining the rest of your business. However, that bank may be more retail than commercially oriented, and you may want to explore a second banking relationship with an institution more attuned to small business needs. A first-class financial adviser should be able to expedite your meeting with the right people in the right bank. As my adviser informed me when we started working together 23 years ago, "Alan, if your financial guy can't get you a loan, who can?"

Other Professional Help

Design

You will need a designer to help with the following elements at some point in your early business development:

  • Letterhead, business cards, labels.

  • Logo.

  • Brochure and other publicity material you create.

  • Presentation folder or media kit.

  • Course materials, if you use them.

  • Product catalogs, if you mail them.

  • Online design and electronic images.

Of these, absolutely essential at the outset are the logo, business card, and related stationery. Your image to the world will reflect on your professionalism and what you think about yourself. In the first week I had been thrust into my own business, with no logistical preparation, I received a significant lead from a major bank in New York City. My choice was to wait to respond until I had business stationery in about two weeks, or respond immediately on plain white paper. I chose the latter, and was never able to make any progress. I'm convinced that in this case speed was not an asset but image would have been. Don't kid yourself; people do judge the book by the cover.

Don't use computer-generated stationery, nor material you buy off the shelf. As a stopgap, there are catalogs that offer an attractive and inexpensive array of stationery with various logo options and your particulars printed into their templates. The disadvantage is that many people use them, they've become fairly evident, and a buyer might actually find that your stationery is of the same design as another consultant's. It's like generic music: It's music, but not memorable.

The ideal approach is to invest in a designer who will create a look that will pervade all of your print materials as they appear. (There is no law that these have to be eternal. I've changed my logo and look as my business has matured, and so can you.)

Find brochures and letterhead you like, from any source, and inquire about the designer. Ask for references in your early networking activity. I called the president of a public relations firm whose materials I liked, and asked for recommendations for designers. She provided two, one of whom I hired.

A good designer should always provide options. I received about two dozen that my wife and I could combine to our hearts' content. Always remember this, however: The designer provides the aesthetic images, but you provide the copy. Never allow the designer to do the writing. If you need help in committing your intent and concepts to paper, then hire a copywriter, but don't use your designer as a writer[19].

Here are two examples from my own firm. Figure 3.1 is called a type solution because the logo uses the firm's name with some artwork around the type. Figure 3.2 is a logo incorporating my firm's name, which I had changed after some years in the business and feedback from clients indicated that the first version didn't adequately represent my quality.

Finally, try to deal with a local designer if you can find one who offers the quality you're seeking in the general area. It's important to meet face to face, to look at visual ideas together, and to be able to quickly exchange and critique material that would otherwise have to be sent by courier. Don't settle for just anyone, and don't use the least expensive person available. You're designing your future.

"Type-solution" logo.

Figure 3.1. "Type-solution" logo.

Graphic logo projecting quality image.

Figure 3.2. Graphic logo projecting quality image.

Insurance

You'll need the following types of insurance in your business:

Disability You are much more likely to be disabled than to die while running your business. Since your independent income is key to your future and your family's future, you must protect it with disability insurance. Normally, disability payments are tax-free if you pay the premiums, but taxed if your company has paid them, so pay them out of after-tax income. Disability insurance will usually pay a maximum of 80 percent of normal income, but since it's tax-free, that's a good deal. Multiple carriers engage in coordination of benefits, meaning that if you have more than one policy, their sum total will match the 80 percent, though there is a movement now that any one policy will pay up to 80 percent despite other coverage.

Keep careful records, since consultants' income tends to vary widely from year to year, especially at the outset. That's one good reason to use a payroll service.

Disability insurance is cheapest when purchased through groups, and many trade associations offer it. Individual policies are more expensive, but generally have better benefits. (If you've left a prior employer with disability insurance, you are often offered the option of converting that policy to your individual use. That's almost always a wise move.)

The two keys about disability insurance provisions are these:

  1. Obtain a policy that will pay until you're able to fully perform your normal, prior job, not just until you're able to work at any job no matter what the pay.

  2. You can adjust premium amounts by the length of the waiting period, which is the amount of time—typically one month to six months—that you're disabled before benefits begin. The longer the wait, the lower the premium, so this will depend on whether you have other resources to draw upon during the waiting period.

Keep careful track of your income through tax returns, W-2 statements, pay stubs, and so on, because your income will vary from year to year in this business, and the disability amount should be based on accurate recent averages, not on the lowest-paying year the insurance company can find.

Individual policies can cost several thousand dollars a year, depending on benefits and age, and group policies generally cost a few hundred dollars a year. In many cases, leaving the group will mean forfeiting the insurance.

Errors and Omissions This is the colloquial malpractice insurance, called E & O (errors and omissions) in the industry. You can obtain individual policies or coverage through group plans in some trade associations. This protects you from a suit alleging that your advice, training, interventions, coaching, or other actions caused the client harm. This insurance will normally pay for legal fees as well as any actual judgments against you, up to the limit of the policy. It is relatively inexpensive when you ' re starting out, since premiums are usually based on revenue volume.

Some organizations—Hewlett-Packard being a large and prime example—will usually not do business with a consultant or consulting firm without evidence of an in-force malpractice policy, so this insurance is often a pragmatic business necessity; but it should be a must in any case. Expect to pay a few hundred dollars annually in your first years in business, but this can easily reach $2,500 or more for a solo consultant.

Note that there is a prior-condition clause in good policies, which means they will reach back and cover you for a period of a year or two before taking the policy, which is an excellent feature.

Liability Liability insurance protects you in the event someone trips over the wire leading to the projector you're using during your presentation. It doesn't matter that the projector isn't yours or the participant was drunk or clumsy. The hotel, client, projector manufacturer, and you will all be sued.

This coverage is inexpensive and also available individually or in groups. You can expect to pay a few hundred dollars annually.

Property This insurance comes under several names, including the misleading marine policy. Essentially, it covers your equipment and property in your office and while traveling. Be very careful, because business equipment you own and leased equipment in your home office are often not covered by your homeowner's or renter's insurance, unless you specifically pay for a rider. Consequently, you need either a separate endorsement with an extra premium from your homeowner's or renter's insurance company, or separate business coverage.

Since we're talking about computers, copiers, fax machines, and the like, the cost of damage or theft is significant. And some leasing companies will want themselves named as first payee on a discrete policy. Under whatever name, make sure all of your expensive equipment is covered, especially since the premium cost is minimal.

Major Medical and Health Your company should provide for health coverage. You can often access very favorable rates through collaboratives that put small businesses together so they may secure group rates. Sometimes you can continue coverage from a former employer, although that is usually limited in duration. If a spouse works and plans to continue working, and coverage is provided through that employment, then this coverage is probably not needed (and can't be duplicated legally, anyway).

You can secure hospitalization, major medical, dental, eye care, and other coverages, depending on what you need and the size and ages of your family. My bias is that you should incorporate in such a way that all health insurance premiums are paid by the company for your entire family, all uninsured costs are paid directly from company funds, and you pay no health costs whatsoever from after-tax income. This is simply smart money management in an era of rising health care costs.

Life I'm not going to dwell on this, since it's important regardless of your employment status. Under current laws, the company can pay for only the first $50,000 in coverage as a business expense, and even that will be reflected as compensation, so life insurance is essentially a private matter. My bias: Never use insurance as an investment vehicle, so use term insurance solely.

Umbrella Liability This is also an individual coverage that can't be paid for through company funds. However, this is very inexpensive insurance (costing only hundreds of dollars for millions in coverage) which kicks in when your auto insurance, liability insurance, or other insurance runs out in the event of a lawsuit or judgment. Consequently, it can protect your company and your family, and should be a part of every professional's insurance portfolio.

Long-Term Care (LTC) Increasingly popular in the last few years, this provides for support should you suffer a major illness or accident requiring extended care. It is much less expensive to purchase when young, of course, so buy it as soon as feasible. It can be quite expensive at older ages. But it provides for care services within the home, a huge benefit to avoid institutionalized care.

Payroll Services

At first, it will seem easy to merely pay yourself a salary out of company funds and make the appropriate tax deductions. However, determining the appropriate tax deductions is never easy, the government has made electronic filings mandatory, and an error here can result in serious repercussions. My financial adviser ordered me to get a payroll service and a bookkeeper when I turned in an overflowing shoe box of receipts and salary records.

The two largest services I know of are Paychex and ADT. Both services will issue payroll checks electronically deducted from your business account and deposited into your personal account. The checks can be scheduled, identical amounts, or they can be situational in any amount you desire. If other family members are on the payroll, they will be included according to your instructions. They will deduct taxes at all levels, Medicare, Social Security, and other liens automatically. You can specify the withholding amounts to further regulate your cash flow. They will provide electronic reporting to all necessary agencies and provide you with a hard copy for your records. They also offer ancillary services, such as 401(k) investing.

The best payroll service at our levels of transactions will generally cost from $125 to $250 per month, depending on frequency of use. You can't afford not to do this.

Bookkeeper

You may not need a bookkeeper at the outset, but you will once you move into six figures. Find a local person who will charge you by the hour only when services are actually needed, usually monthly[20]. The bookkeeper will run a general ledger, furnish a balance sheet with expense and income statements, print comparisons with prior periods, and balance your checkbooks, reconciling differences. The bookkeeper will also provide the input for your financial adviser's tax requirements at the end of the year.

A good bookkeeper and payroll service will actually save you thousands of dollars of your time, and hundreds of hours of stress. You should be able to get a first-rate bookkeeper for $15 to $30 per hour, or about $125 to $225 per month's returns.

Web Designer

You may not have a web site from the beginning, but you'll need one relatively quickly[21]. The Internet is too much of a global marketing and credibility asset for individual consultants to ignore for long[22].

The web site designer will probably be different from the literature designer discussed earlier. This person should be able to create a unique and attractive site, making the best use of technology while not overwhelming your message with too many bells and whistles. There is nothing wrong with using your graphic designer to carry over themes and images to the web design.

The best web site designers are people whose work you can see on others' sites, who will work with you personally (even if only by phone and e-mail—they're not likely to be down the block), and who create user-friendly sites. As with any other designer, you provide the copy and what you want to communicate, and the designer should take care of the aesthetics and technology. Never accept marketing advice from a web designer, who will tend to see the world only through that medium.

The hallmarks of an effective web site for consultants are:

  • Ability to download desired items quickly.

  • Graphics and photos that accentuate the site (but don't unduly delay downloads).

  • Lack of forced downloads to listen to or watch. No cutesy introductions that delay getting in to the site.

  • Easy navigability. The visitor can move from one page to another expeditiously, and readily return to the first page. You can easily return to the top of the page by clicking.

  • Value offered. On a monthly basis, there are free articles to download, techniques for clients to employ, and links to other relevant sites, products, and so on. These change regularly.

  • Clear client results. The site doesn't talk endlessly about what you do, but rather about how the client benefits. Supporting these results statements should be testimonials, references, and client lists, as they become available.

  • An easy way to contact you. A visitor should be able to e-mail you with ease while visiting. There should not be mandatory capture of names and addresses, since this will scare people away, fearing spam and promotional mailings.

  • However, an ability to capture names of interested visitors by offering them the choice of sending for something for free, buying a product, or otherwise leaving their names with you for follow-up.

If you don't establish a web page from the outset, at least make it a habit to visit others and find out what makes sense for you. Merely being a small part of other sites (trade associations, consultant listings) is not sufficient. These days, a web site is more important than a corporate brochure.

The Blog!

And now some words on blogging and what is called social networking (LinkedIn, Facebook, Twitter, YouTube, and so on).

Blogs work best when you already have a brand. While crazy claims abound, most bloggers do not build a brand, and most blogs (there are an estimated 200 million blogs as of this writing) are inane.

The key for you is this: How are corporate executives buying consulting services? They are buying them through references, referrals, hearing people speak, reading commercially published books, and so forth. For the new consultant trying to reach corporate buyers from a standing start, social media are not the place to be investing time and money and effort. Not for this buying audience. They are easy to create and access, but can be a huge energy drain with little result.

Don't be lulled by the exception, and be aware that many successes are actually people who are marketing to other bloggers, not to corporate buyers. People such as David Maister and Seth Godin and Jeff Gitomer and I have established brands through a myriad of approaches, making our blogs popular as a result. You can get there, but don't start there[23].

Trade Associations

Finally, let's briefly discuss trade association membership. These associations serve the following purposes for a start-up practice:

  • Networking, not only for business, but for business services to support your practice.

  • Learning how others have moved from start-up to success.

  • Education in your field.

  • Access to further resources and support (for example, web site inclusion, directories, advertising).

  • Visibility and marketing (assuming leadership positions, presenting at meetings, attending sponsored events, and so on).

  • Opportunities to publish in newsletters and magazines.

  • Group rates for insurance, rentals, and other business needs.

  • Credibility in being a part of the voice of your profession.

The major trade association for consultants in the United States is the Institute of Management Consultants (IMC)[24]. It has chapters around the country, and affiliations internationally with similar organizations. It provides the Certified Management Consultant (CMC) designation when certain criteria are met (successful consulting assignments, testimonials, examination on ethics, and so on) although, alas, the designation is not widely known or respected outside of the organization itself. The local chapter meetings can provide solid networking support, and an annual meeting in Reno attracts about 250 consultants at all levels. Annual dues are $300. The IMC is headquartered in Washington, D.C. (http://imcusa.org).

I have founded an organization, The Society for Advancement of Consulting (SAC) which provides professional discounts, an annual meeting, monthly newsletters and press releases, a featured "consultant of the month," and other benefits. New consultants may join as affiliate members. Initial dues are $400, renewal $335 (consultingsociety.com).

The American Society for Training and Development (ASTD) is the longtime trade association for training professionals, although increasingly (more than half) the people at both chapter and annual conventions seem to be consultants. The ASTD provides a resource center and monthly magazine (T&D Journal) as well as other products and services, including a buyers guide, and a members directory[25]. If you focus on training or human resources issues, membership makes sense, if for nothing else than to monitor the state of the art and current hot topics.

An allied group is the Society for Human Resource Management (SHRM). This is strongly oriented toward human resources executives and managers. It, too, hosts an annual convention and regional meetings, and it publishes HRMagazine. It has a very large and active special interest group for consultants across the country, with local chapters (shrm.org).

The OD Network has chapter and national meetings, and is focused on consultants, internal and external, specializing in organizational development and change management (odnetwork.org).

All of these groups offer a variety of insurance, travel, and related benefits group plans that may make sense for you to consider.

Take the time to establish your practice with the professional underpinning it needs for success, and you won't have to waste time while you're pursuing that success.

Final thought : There is no one right way, but there are uniquely correct destinations. Ensure that your legal and financial status is in good hands and providing the proper support.

Questions and Answers

Q. I'm told that I can incorporate over the Internet, and also apply for trademarks and copyrights. Is that a less expensive method than finding legal help?

A. No, it's more expensive in the long run because you'll use days of your time with less effective results. Would you prefer that your clients used consulting software, or Internet consulting help? Do you think those alternatives would be as effective as you are? You get what you pay for, and you need to get the best here, which still isn't very expensive.

Q. What's the difference or advantage of cash versus accrual bookkeeping and reporting?

A. You want to be on a cash basis, whereby you count payment to you as revenue when it's received, and bills you pay as expenses when you pay them. In the accrual method, you're not counting revenue until certain work is performed and you connect the expense to the work. Unless your accountant has a superb reason for the latter, which I can't imagine, you're far better off on a cash basis.

Q. Isn't there an advantage to having a different fiscal year from the calendar year, since you can bill clients to arrange for receipt of payments in the tax year most beneficial for you?

A. Not any more, since the government felt that was far too generous a provision, and personal services firms—you and I—have to have a fiscal year that is the same as the calendar year. Nice try, though!

Q. Should I have my attorney review all proposals and contracts that I create or respond to? Isn't that time consuming and expensive?

A. Yes it is and, worse, it puts your attorney in contact with the clients' attorneys. If you have a strong relationship with your buyer, you don't have to worry about legal contracts. In nearly 30 years no client has ever sued me nor have I had to consider suing a client. When the Federal Reserve was forced by their own policy to send my 2.5-page proposal to the legal department, it delayed the project by three weeks, and the result was a 32-page document that changed nothing, not a payment term, not an amount, not an accountability. You can't make this stuff up.

Q. What kind of publicity shot is best for my materials and web site? How can I stand out?

A. First, use a professional photographer who specializes in publicity photos. Second choose clothes and accessories carefully (women should have a professional do their hair and makeup). Finally, think about an environmental shot as opposed to the old, boring head shot. You can use a variety of backgrounds and even other people. Here are two examples:

Questions and Answers
Questions and Answers


[17] I talk about fees in Chapter 8, but suffice it to say here that you should never pattern your billing practices after your lawyer or accountant. They have never learned how to bill for value. See my book Million Dollar Consulting (McGraw-Hill, 1992, 1998, 2002, 2009) for a detailed discussion, or more specifically Value-Based Fees (Jossey-Bass/Pfeiffer, 2002, 2008).

[18] I've been audited twice in my life, once personally and once professionally, both through random luck of the draw. I've seen firsthand that meticulous, separate accounting with receipts and appropriate details not only speeds the audit (and reduces your accountant's fees) but also satisfies the IRS that nothing is hidden and that the audit is routine.

[19] Caveat: There's reason to believe that if you can't write your own marketing copy about what you do, then you don't understand your value proposition or your potential buyer sufficiently.

[20] I tell these folks never to read my books on value-based fees, since they're not very good! Get references from other small businesses.

[21] If you're thinking about entering the business but are still employed elsewhere, it makes sense, on your own time, to prepare your literature, set up your web site, and find the key resources that will help you hit the ground running when you do go out on your own.

[22] Do not worry about search engine optimization (SEO) and improving your listing or ranking on Google or anywhere else. Your web site is not a sales tool. Most people will go there after they've heard of you from other sources to learn more about your expertise and credibility. Corporate buyers do not surf the Web to find consultants, though HR departments do to find vendors.

[23] To see how I use print, audio (podcasting), and video, visit contrarianconsulting.com.

[24] See Appendix D for contact points for all groups mentioned and others.

[25] I obtained a $156,000 contract with the American Institute of Architects as a result of a $120 listing in the buyers' guide. That ad has literally paid for itself for a lifetime.

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