Like all industry professionals, management consultants are relied upon to discharge their duties in accordance with accepted professional standards. Those relying on their expert knowledge place a great deal of trust in their expertise and should be able to expect that the responsibilities of a management consultant will be conducted in the best traditions of the industry.
In the event that there is an allegation of professional negligence, the evidence of this alleged negligence must be taken into careful consideration before even a preliminary determination can be done in respect of the likelihood of:
- The claim against a management consultant; and/or
- The defence that the management consultant can rely on.
The law relating to negligence is likely to be specific to each industry because conduct in one industry which is considered acceptable may be considered negligent in another industry. As the law evolves with developing community standards, this law will have to be investigated at the time of the alleged negligent act. The facts will need to be considered in light of this law and any relevant industry code which addresses matters relevant to a management consultant’s duty of care.
The Institute of Management Consultants has a “Code of Ethics and Members Pledge” which binds all members of the Institute. [1] The general terms of the Code are as follows:
- “Develop realistic and practical solutions to client problems;
- “Act in the clients best interests at all times;
- “Render impartial, factually-based, independent advice;
- “Accept only those client engagements they are qualified to perform;
- “Behave with integrity and professionalism at all times;
- “Agree with the client in advance on the basis for their professional fees; and
- “Safeguard confidential information”. [2]
According to the commentary within the Code:
“The Code sets out the principles of the ethical practice of management consulting. The purpose of this Code is to ensure IMC members maintain their professionalism and adhere to high ethical standards while providing services to clients; and also in their dealings with their colleagues and the public.” [3]
The document goes into further detail as to particulars of each of the above bullet-points. The Code may not be not lengthy but this should not to be taken as a sign that it is a simple document or easy to interpret in any given circumstance. The Code refers to various concepts and principles, the application of which may be highly contested in the event that a complaint is made that some accepted standard of conduct has been breached. It is in these situations that it is advisable to obtain the services of a legal practitioner who has had experience dealing with professional negligence disputes.
If you require assistance with management consultant negligence matter you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au.
[1] “IMC Code of Ethics & Members Pledge” Institute of Management Consultants website (undated) <www.imc.org.au> (accessed 20 November 2013).
[2] Ibid.
[3] Ibid.
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