The Top Consultant: Developing your Skills for Greater Effectiveness

CLIENTS' TERMS OF ENGAGEMENT

Companies that are frequent users of consultants may themselves have a standard form of consultancy contract they use. This will cover much the same ground as the terms of business of the consultancy practice, but be orientated to the needs of the client rather than the consultancy. I have been subject to these from time to time, and the points of interest in one such are as follows:

• The client reserves the right to ask for replacement of a consultant if in their opinion the performance of the consultant is unsatisfactory.

• Consultants working on the project are subject to approval by the client, approval being based on the consultants' CVs and interview.

• The consultancy should keep records of all activities undertaken on the project, and make them available to the client if so requested.

• The consultancy must show appropriate levels of public liability and professional indemnity insurance.

• There are terms affecting intellectual property rights.

• There are clauses relating to non-solicitation (that is, not poaching the client's employees) and working for the client's direct competitors for a period after the end of the contract.

These topics are ones that relate to all consultancy projects, and therefore can be fairly included as part of the contract. What the consultancy has to do in each case is to decide whether the terms are reasonable. Clients' purchasing departments are likely to have a standard form of contract that they will send to you for agreement. It is then up to you to negotiate with the purchasing department over the details of the clauses in the contract.