Marketing Consultants:

Marketing consultants can be accused of negligent conduct in the provision of services to their clients. This conduct, which is alleged to be negligent, may well ground a claim in breach of contract, in which the general laws of contract will apply. This is where lawyers can help prosecute or defend negligence claims against marketing consultants. Proving negligence however is a complicated process of first establishing that there was a duty of care in respect of the matter in which the negligent conduct is alleged to have occurred, and then proving that the conduct of the accused party has breached the relevant professional standard according to which the duty of care is measured.

The first two fronts of inquiry will need to consider the contract under which the allegedly negligent conduct took place, and then an investigation will need to be made in relation to what the expected professional standard is in the particular industry. The terms of the contract will define the parameters of the rights and liabilities of the parties to that contract. This is important obviously as it may go to the very essence of whether one party indeed had the responsibility which is alleged to have been breached. The professional standards need to be investigated so that the threshold of the duty of care is properly understood. This is important for both the accused (who is preparing a defence to a claim) or the accuser (who is preparing a claim against the professional).

One obvious place where the professional standard, and therefore the duty of care can be investigated, is the peak professional representative body for that particular industry. The Marketing Association of Australia and New Zealand is one such body, and it may have various policies or voluntary codes which can shed light on the duty of care expected of professionals in the marketing industry. According to its website, the Association “an international, independent, non-profit, educational and professional body concerned with” the following areas:

• “The on-going improvement of professional standards and personal development for marketing practitioners, students and academics; and
• “The representation of marketing subjects and views in business, government and the broader community.” [1]

It appears that the Association has adopted the Institute of Chartered Practicing Professionals’ Charter of Practice as the document which outlines the standards expected of its members. The Charter is a lengthy document and addresses various aspects of professional conduct, some of these include the following:

(a)   Integrity;

(b)   Risk Minimisation;

(c)    Competence;

(d)   Quality Services;

(e)   Advice to Clients;

(f)     Advice to Employees;

(g)    Confidential Information;

(h)   Impartiality;

(i)     Conflict of Interest;

(j)     Respect to Client Property Rights;

(k)    Professional Relations;

(l)     Fees and Charging; and

(m)  Project Termination and Withdrawal.

It may be that you require legal advice from a solicitor in relation to professional standards or other matters arising out of the Charter of Practice and its principles. One such example where you might require a lawyer is if you are considering suing a marketing consultant, or making a claim that the marketing consultant has breached the standard. A negligence solicitor will be able to closely asses the standards and determine whether the marketing consultant has abided by them.

If you are considering suing a marketing consultant for negligence, or you believe that your marketing consultant has been negligent in their work, you may wish to contact our law firm and speak to one of our negligence lawyers to seek legal advice about your potential negligence claim against the marketing consultant.

If you are a marketing consultant and you require legal advice in relation to your business or if you otherwise are defending against a negligence claim being made against you as a marketing consultant, then you may consider contacting our professional negligence solicitors in Sydney for legal assistance.

If you require assistance or guidance in relation to a claim in negligence involving a marketing consultant, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au.

[1] Association of Australia and New Zealand website (undated) <www.marketing.org.au> (accessed 21 November 2013).

[2] Charter of Practice (Chartered Practicing Professionals, undated). This document is available via the Marketing Association of Australia and New Zealand website located at <www.marketing.org.au> (accessed 21 November 2013).

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