Ethics and Success

There is no guarantee that doing the right thing will lead to personal success. In thirty plus years as an ethics consultant, I have seen ethics undo more than a few brilliant careers. But I have also seen leaders whose ethics helped make them successful. You may think that rising to the top with your ethics intact is a matter of luck. But my observation is that ethical leaders follow a conscious strategy for building success upon their ethics. Here are a few steps to help you align your ethics with your career goals.

Choose who you work for. If your ethics and the ethics of your employer are in significant disagreement, your career success is certain to be limited. Organizations seldom promote individuals who are outside of their cultural boundaries, which include the organization’s ethics. It is not reasonable to expect perfect agreement between your ethics and the ethics of an employer. But a vegan who works for a meat packing company can expect problems. While most of us cannot change jobs at will, you increase your chances of advancement when you are employed by an organization with which you are in ethical agreement.

There are more steps that will be covered in future posts.

The 5th Biggest Ethical Mistake

The fifth biggest ethical mistake is assuming that a business practice is acceptable because it is a common practice in the industry. Just because a practice is common in an industry does not mean that it is safe or ethical. It all depends on which companies in an industry you compare yourself to. For example, Enron was the most admired company in the energy industry – until it wasn’t. If you are the first one in an industry caught doing something wrong, you often pay the price of the entire industry correcting its practices. Think of the scene in The Tin Men in which two aluminum siding salesmen sit outside a Congressional hearing saying to one another, “We only did what everyone was doing.” If this sounds a bit lame, avoid putting yourself in the same position.

The 4th Biggest Ethical Mistake

The fourth biggest ethical mistake made by leaders is confusing legal advice with ethical advice. The job of legal counsel is to tell you the legal consequences of various courses of action – and not whether you should take those actions. Many of the investment activities that led to the 2008 recession were perfectly legal and also perfectly unethical. The training that makes a good lawyer does not make the lawyer an ethics expert.

2nd Ethical Mistake

In my pursuit of the biggest mistakes leaders make, the second biggest mistake is fixing a problem going forward without owning the problem’s history. This would be like GM fixing its ignition problem going forward without owning the problem in cars currently on the road. This never works but it is very tempting to leaders who don’t want a past problem dragging their organization down. But you have to own the organization’s history to be able to move on.

Lessons of the Secret Service Mess

Here in the DC Metro area, everyone is asking is how things could have gotten so bad at the Secret Service. Many employees of the Service must have known the vulnerabilities, so how could the folks at the top ignore this? My answer is that the bad news may never have reached the top. Several Service employees commented to the local media here that you simply did not raise issues or complaints. This is typical of line-of-command organizations, which turns out to be nearly all sizable organizations. In business, companies establish hotlines and compliance programs so that down line employees can short circuit the line of command. In fact, government often orders businesses to establish these mechanisms! But these mechanisms do not prosper in Federal agencies. Yes, employees can go to the Inspector General for their agency but these individuals are often closely bonded to the agency’s senior leadership. It is time for government to take some of the advice it freely gives to business and create genuinely safe channels through which employees can report concerns.

Book at O’Reilly

My book Make an Ethical Difference is on sale at half price today at http://oreilly.com/. One day only.

Compliance Celebration

About 19 years ago we created an annual celebration of what is bright and new in compliance called the Best Compliance Practices Forum @ bestcompliancepractices.com. This year, the Forum is being held on October 20 and 21 in the Washington DC metro area and it will be the best Forum in ten years based on the incredible faculty and best practices to be recognized. It is amazing to see the innovations in compliance that are presented each year. Please join us.

On Line Ethics Course

One of the most popular topics in my writing and speaking is how to influence ethically. I am pleased that SoundviewPro, which is the same company that does Executive Book Summaries, has made available a full video-based course titled “Influence with Ethics.” The course consists of four separate classes each built around practical tools for being effective at influencing with ethics. You can preview the course at https://www.soundviewpro.com/online-courses/_/influence-with-ethics/.  Be sure to let me know if the course helps you and how it can be improved.

The Walmart Decision

A recent (July 23, 2014) unanimous decision by the Delaware Supreme Court has potentially momentous importance for ethics and compliance programs. Because Delaware is the “corporation state,” other courts tend to follow the Delaware courts on corporate governance issues – remember the “Caremark case.”

At issue was a discovery order on behalf of civil litigants in a Foreign Corrupt Practices Act (FCPA) case against Walmart alleging that Walmart’s board may have breached a fiduciary duty to investigate bribery allegations. (Wal-Mart Stores, Inc. v Indiana Electrical Workers Pension Trust Fund). Among the documents sought by the plaintiffs were files from Walmart’s former compliance officer and files allegedly pertaining to an on-going investigation being conducted under legal privilege.

I know little about the underlying litigation which concerns allegations of bribery in Mexico. And that is not what matters. What matters is that files and documents thought to be related to Walmart’s compliance program were deemed open to discovery in a civil litigation. The Court’s decision was focused in scope, pertaining to files and documents related to potential breaches of fiduciary duty. But it is likely that this decision is a first step toward breaking down the both the legal privilege and the so-called self-evaluative privilege concerning compliance matters. The impact of the decision is great as the plaintiff’s attorneys asserted breach of fiduciary partly on the grounds that the board was or should have been informed of an on-going compliance investigation. In other words, reports of compliance concerns should go to the board but may not be protected when they do.

I believe that this decision will have significant impact on ethics and compliance programs. The relatively free exchange of information between some compliance officers and their boards may well be impaired. More importantly, asserting legal privilege with respect to investigations that are or should be reported to the board is threatened. Like most of these matters, there is a good and bad. Arguments that compliance should report to legal to protect the privilege may be weakened. But compliance reporting to a board may be subject to far greater caution. You can read the decision at:

http://courts.delaware.gov/opinions/download.aspx?ID=209130

Influence with Ethics

I recently had a chance to do a webinar for a company called Soundview. Soundview is famous for its its Executive Book Summaries.

The topic is how to influence people with ethics. The key theme is that most books and talks on influence teach you how to manipulate people. Manipulating people has a “rebound effect” when people realize that they have been manipulated. When you influence with ethics, there is no rebound effect. In fact, when you influence someone with ethics, you are building a foundation for your future efforts to influence them. So the webinar definitely talks about how to become an effective source of influence, but it emphasizes the advantages of taking an ethical approach to influence.

You can attend the webinar online at http://tinyurl.com/o7yy9fp.