Copyright 2018 by Engineering THE LAW, Inc.
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, digital scanning, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, please address:
Engineering THE LAW, Inc.
13714 N. W. 21 Lane
Gainesville, Florida 32606, USA
Published 2018 by Engineering THE LAW, Inc.
Printed in the United States of America
20 19 18 1 2 3 4
ISBN 978-0-9677242-4-9
Library of Congress Control Number: 2018945664
Foreword
Like most government relations professionals, I never planned to become a lobbyist. I had been successful in pharmaceutical sales management when a mentor suggested that my skill set might translate well into government relations. I liked the work immediately but I knew that in my professional development I could learn the easy way or the hard way.
So I attended Bob Guyers courses. Bob not only presented the theory of lobbying, he made it extremely practical. Over the years, I have had many opportunities to put these lessons into practice as I lobbied for two Fortune 100 pharmaceutical companies and led state government affairs for IBM. In my current role, leading state government affairs for a financial-services technology company, I still rely on Bobs tested and true guidance.
I employ many contract lobbyists, also known as outside lobbyists, to extend our reach around the country. Most lobbyists are excellent, and it is necessary to rely on them to represent you and your company. I have been blessed to work with some of most outstanding lobbyists in the country and owe them a significant amount of credit.
Sometimes, however, you may encounter a lobbyist that is less than helpful. Meet Benny, the contract lobbyist whos been with the company forever. Benny took the CEO to meet the Governor once and knows everyone. But if Benny stops being effective or doesnt think he needs to be responsive to you, its your job to let Benny go.
Bobs expert guidance has helped me to navigate the bestand worstof managing contract lobbyists. I have relied on his lessons to navigate the joys and pains of this interesting career. As you begin or continue your journey in government relations, application of Bobs advice will allow you to quickly distinguish yourself within your organization.
Mark Reed
Director, State and Local Government Affairs
Intuit
Preface
Insiders Talk: Winning with Lobbyists Professional Edition is written for consumers of lobbying services by consumers of lobbying services with contributions from lawmakers, legislative staff, contract lobbyists, campaign consultants, and others involved in lawmaking. This book equips professionals with tools to find contract lobbyists most appropriate to their specific needs, negotiate and better manage fees, work more effectively with contractors, and more successfully direct their government affairs programs. In short, this book empowers practitioners to become more sophisticated consumers of lobbying services.
Insiders Talk: Winning with Lobbyists Abridged Readers Edition, on the other hand, is written for casual readers desiring an overview of lawmaking and its players. The Readers Edition is a quick read, ideal for students and generalists.
Whether from my own lobbying as in-house government affairs staff and as a contract lobbyist in both state and federal legislatures, from the thousands of lobbyists, both beginners and experts, who have participated in my Lobby School, and from the many contributors to this book, all the lessons and examples herein are real and applicable to anyone who works with contract lobbyists.
By enhancing the position of consumers of lobbying services , this book will be a game changer in client-contractor lobbying relationships. Results improve from clients understanding better the context of lawmaking, appreciating their and their lobbyists appropriate roles, reasonable and unreasonable expectations of their lobbyists, and how to evaluate and improve their and their lobbyists job performance. This book also benefits providers of lobbying services by elevating the quality of their clients. Sophisticated clients working synergistically with their lobbyists obtain better outcomes.
Expected Criticisms
I expect considerable criticism of this book, some valid and others not so much. Critics may correctly point out they know specific exceptions to almost every one of my general observations. Others will accurately note Im a lawyer and a lobbyist, not a political scientist, and some of my broad technical overviews as to formal processes and political understandings are deficient or inapplicable to their particular legislatures.
Others will complain a few sections of the book dont translate well to their particular states and especially to Washington, D.C. Again, they are correct. From having lobbied in D.C. myself, I agree it is not only a different world; it is a different universe. For Congress for example, next year is soon enough, while most state legislatures have on average 120 days to fix the states problems; a U.S. Senator has a personal staff larger than the entire staff for a small states legislature; and Congress deficit spends, while states have to balance their budgets. While I dont agree with his tone, the essence of the following is correct,
Lobbying at the federal level is much more sophisticated, requiring more support staff and expertise than at the state level, where lobbyists frequently carry their offices in their hats. The state government lobbyist slaps a legislator on his back and says, Im a good old boy and youre a good old boy. Why dont you vote for me? In the Congress, lobbying is, more properly, an educational process.
However, as to lobbying practice, this book is spot-on because it is based on the collective experiences of contract and in-house lobbyists and consumers of lobbying services. Our experiences include state, federal, and international advocacy. These consumers of lobbying services have hired hundreds of lobbyists at the U.S. state and federal levels.
I expect most lobbyists will be delighted having more sophisticated clients. Yet I realize some make take offense to what I say, especially parts reading like an expos. The director of a nationwide team of contract lobbyists points out,
I dont believe you said anything [in the book] disparaging about contractors, but they are not your target audience. I believe that your primary responsibility is to the corporate lobbyists, executives, and agency people that you train. Could some contract lobbyists get their feelings hurt if they read portions of the chapter? Perhaps. Is what you outline about some of their work practices true? Absolutely. So you are providing a service that allows folks that hire contractors to be educated and savvy consumers while alerting them to common pitfalls that hinder progress and optimal outcomes.