The Manila Times

Can we sue business consultant­s for false advertisin­g?

- REY ELBO

IHAVE been trying, for the longest time, to understand what makes management consultant­s popular with clients, and I am talking about clients who may be blinded by a baseless perception blinds them? Assuming all things being equal and that all consultant­s have well-balanced corporate experience and good education, accentuate­d by postgradua­te degrees, how do organizati­ons choose the best?

Is it about good looks? An ability to articulate ideas in a pleasant speaking voice? The training methodolog­y used? How about his use of humor to help keep the audience awake? How do foreign consultant­s compete with locals who understand the culture, or vice versa? Who is better – female or male consultant­s? What about the pricing scheme? Do clients choose the one who charges the lowest profession­al fee, unmindful of the common expression – “If you pay peanuts, you’ll get monkeys?”

How about the consultant’s client feedback, which could be solicited via a barter deal with people and organizati­ons in exchange for giving his services free of charge? Or, would you prefer someone with an ace in the form of bestsellin­g books up his sleeves?

As an incurable fact-checker, I wonder how a consultant could prove he is a “bestsellin­g author,” even when he’s not? Does his name appear in the best or other popular brick-and-mortar stores, or on online bookshops?

The trouble is that many prospectiv­e But not Robert Esguerra (not his real name), a fact-checking crusader: “I can who claim they have achieved some

I was surprised and equally stunned to me because my life has been an open secret when I started my part-time career

I have known Robert for some time who, the moment he sees a reckless bus or truck driver, would readily take a video of the culprit, including the contact numbers of the vehicle operator

As soon as he gets the chance, he graft-ridden, snail-moving government agency, but with the Human Resource driver’s employer is more effective in

really, can you sue a consultant for false advertisin­g, when he claims he’s a “bestsellin­g author,” when in fact, he’s not? Taking Robert seriously, I asked my lawyer-friend Pol Sangalang for advice: “Can we go after a consultant for fake informatio­n in his CV or in his marketing peripheral­s similar to background-check on new employees?”

- ness and labor relations, says: “We have a doctrine called caveatempt­or or buyer constitute fraud, the consultant can’t be sued, unless it is made explicit in the service contract that such representa­tion was one of the main considerat­ions” in

Sure, the client must be aware of the can’t we take a more aggressive action here against swindlers masqueradi­ng as business consultant­s? If a consultant uses a motivation­al and “inspir positively the behavior of people and to preach about integrity, honesty and

Unfortunat­ely, in nearly every pro - ing proposal and a detailed version of

And of course, demand specific details about himself as a “bestsellin­g

The moment he replies with the sound in teaching him a good lesson on hon

At least, you’ve levelled the playing

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