Setting Lobbyist-Client Expectations

There are several different types of clients who need a lobbyist help, from those who have no experience or understanding of the legislative or regulatory process to those who are sophisticated political players. There are also clients who range from those who have no desire to come to Sacramento (and simply have their lobbyist do all activities) to those who come to town on a regular or frequent basis. Regardless of the type or types of clients a lobbyist has, setting expectations for both sides of the relationship will benefit everyone. And the setting of expectations needs to occur at the start of the forma relationship.

For those clients who are not experienced with the formal process of legislation or regulations, or the political ways of Sacramento, or what a lobbyist does, there should be some time spent by the lobbyist to explain these things. That means the lobbyist needs to explain in detail what a lobbyist can and cannot do — legally and ethically

The relationship should begin with understanding the legal and ethical responsibilities of a lobbyist operating at the state level. There are certain statutory prohibitions and specific rules governing the conduct of lobbyists and their activities, such as the $10 gift rule. A client needs to understand the limitations placed on a lobbyist.

A client also needs to understand what role the lobbyist plays. That may be different when a client desires more of a consultant.  However, in other instances, a lobbyist will provide all advocacy services, from researching and compiling background materials and fact sheets and letters, to testifying before legislative committees or regulatory bodies. The contract between the lobbyist and their client should have a clearly defined scope of work. But out of necessity, these often do not spell out in detail all k the actual duties and responsibilities.

A lobbyist and their client should also have a clear line of authority. What can or cannot the lobbyist negotiate or decide on behalf of the client, for example? In some relationships, the lobbyist has full decision-making authority. In other instances, the lobbyist only advises and the client makes every decision. Regardless of which approach is taken, the important aspect is for both of the parties to understand and appreciate the agreement

A lobbyist also needs to explain the political aspects of legislative or regulatory advocacy. For example, if your sponsored bill has opposition, how powerful is that opposition? Does your client appreciate whether you can overcome that opposition or that the opposition will defeat your measure? Without properly advising your client well in advance, the lobbyist is going to have a difficult conversation if things do not go as the client is expecting.

Here is an example: when the Senate Judiciary Committee had 5 members, 3 Democrats and 2 Republicans, my client came to town for the hearing on their sponsored bill. At lunch prior to the afternoon hearing, he again raised the question why I thought the bill would not pass this committee, especially because the 2 Republicans had committed to vote for the bill and I (“as a good lobbyist,” he said) only need to get 1 of the 3 Democrats on the committee

I tried to explain again the difficulty in doing so, but suggested we be at the hearing from the beginning so that he could see for himself. After seeing the first two bills get a chilly reception and ultimately fall short of the necessary votes, he turned to me and said, “Now I understand. Our bill is not moving forward today.” And, of course, he was right, which I had explained previously, but he needed to see for himself before he really believed what I had been explaining to him leading up to our bill hearing.

Clients who may be politically active (i.e., who make campaign contributions) also need a good briefing. For example, they should be made aware of contributions limits and that there should never be any policy or bill discussions at a fundraiser. A lobbyist does not need to be placed in a position where their client perhaps unintentionally says something that would give anyone pause to consider its implications.

A lobbyist also needs to explain, perhaps not in great detail, the legislative or regulatory process. It should be more than a high school civics lesson. But probably does not gave to get into the intricacies of joint and house rules. Nonetheless, the lobbyist should identify potential hurdles in either process that will have to be overcome, and any possible unique aspects of the process.  For example, in the legislative process, the lobbyist should describe the Suspense File process for a fiscal bill. In the regulatory process, the lobbyist should describe the differences between the 15- and 45-day comment periods.

There are also logistical issues that should be decided in advance. Examples of these issues could be: who will testify at the public hearing on the bill or regulation? Who will negotiate bill amendments or regulatory changes?

For high profile bills, the lobbyist and client should discuss how to respond to media inquiries. Will just the client speak with the media? Or will the lobbyist or a PR consultant do so? Like with other aspects of the lobbyist-client relationship, there is not necessarily a better or right approach. The important part is deciding who will do so and then making sure both parties stick to the agreed upon script. If it is not done so in advance, making some of these types of decision the fly” can result in disastrous consequences and neither party will be happy with such an outcome.

Like any relationship, it is important to maintain an open dialog and to be willing to make adjustments as changing circumstances may require. There are so many unpredictable aspects of the legislative and regulatory processes that both the client and the lobbyist need to remain flexible and be open to making adjustments to their strategy and tactics to take into account unforeseen developments or last-minute problems that so often occur in these processes.