1. Why does my company or organization need a lobbyist at all? Clearly, you have recognized that you need a significant competitive advantage. A reputable and professional lobbyist will be able to leverage relationships to benefit you and your interests. Most importantly, an effective lobbyist will educate, advocate, navigate and identify legitimate business opportunities with the ultimate goal of increasing your bottom line.
2 How many total clients does your firm currently have? A good rule of thumb is that a single lobbyist can adequately service approximately twelve clients, depending on the scope and nature of the engagement. Thus, a firm with three lobbyists should likely be able to adequately service 36 clients. If the firm is overextending itself in terms of its client base, than you run the risk of not receiving the attention you require on a day-to-day, week-to-week and year-to-year basis.
3 Will my account be handled by an experienced partner or a younger, less experienced associate? When dealing with large firm, your first contact and subsequent interview will likely be with one of the firm’s principals. After the account is secured, you may find your account being serviced by a younger and less seasoned lobbyist. Not that this is entirely bad, but you will want to speak directly and at length with the person and firm with whom you are making an important investment.
4 What is your specific area(s) of expertise within my industry? If your company is in real estate development, for example, then you would like to know your prospective lobbyist has had success in securing grants, appropriations and tax credits for other clients. Similarly, if you are looking to have a regulation amended or modified or a new bill introduced and enacted into law, your prospective lobbyist should be able to furnish you with information to demonstrate a core competency in the subject matter or access to decision-makers relevant to achieving your goal.
5 What is your policy is regarding conflicts, both direct and indirect? In any state capital and especially on the federal level in Washington, DC, where business interests merge with government, conflicts are a fact of life. Be sure your lobbyist has a written policy on how he or she will address client conflicts, if and when they arise. You will want to know what your lobbyist’s duty is to disclose representation of other clients with interests similar to yours. A reputable firm has a monitoring process by which to avoid potential conflict between competing clients. As a client, you have the final say as to whether or not another client of the firm is in fact a competitor.
6 What are your expectations from me, your client? Your prospective lobbyist will likely be intrigued and impressed that you would ask this question. His or her answer will determine if the lobbyist or firm is interested in a responsive, active client or is simply interested in involving you only when absolutely necessary, for example, for a meeting with a high-level official. You should expect a mutual free flow of information and communication from your lobbyist, even when you are not involved in the day-to-day tasks required to achieve your business goals.
7 Are you more focused on leveraging political relationships or on gathering “inside information” and intelligence to achieve my business goals? Your prospective lobbyist should tell you whether or not he or she is known as a Democratic or Republican lobbyist or whether they are “bipartisan” in their approach. If your organization has a legislative issue that is going to require specific action by a Republican governor, you want your lobbyist to have a strong affiliation with the appropriate administration. The general trend in most state capitals (including Albany), however, is that most firms are bipartisan but may have a particularly strong relationship on one side of the aisle or the other.
8 Can you provide professional references? Most lobbyists are not accustomed to providing references and some who have been in the field for many years may deem this unusual. You should get at least two professional references. The value in speaking with a current or former client with whom the lobbyist has worked extensively is that it will allow you to get a better idea of your prospective lobbyist’s responsiveness and whether there will be a mutual fit in terms of personality and methodology.
9 Do you have legal counsel in house and if not, how do you deal with the complex and ever-changing rules regarding compliance? Of all the questions you may ask a prospective lobbyist, this is perhaps the least sexy but most important. With the ever- increasing regulatory burden placed on businesses and professional lobbying, you need a lobbyist who truly understands the nature of the rules and laws that govern the profession. For example, a simple oversight of missing a required filing can result in criminal and civil penalties and this does not include the potential public harm in terms of loss of business due to negative public perception. If and when legal issues do arise, you want to be sure a lawyer and compliance officer stand ready to help.
10 Can you provide a business justification regarding a return on my investment (ROI)? Again, this question may alienate or offend many lobbyists, but the value in asking this question is justified. Approaching the professional business relationship from an “if X, then Y” perspective, you will immediately raise the standards, expectations and potential deliverables to a higher level. The nature of lobbying does not easily lend itself to a cost-benefit analysis, but more companies and organizations are becoming fiscally diligent in scrutinizing ROI. You should be, too. Now that you have the answers to these important questions, you and your company or organization will be more informed and better prepared to employ the lobbyist who will help achieve your goals.
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