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Decision Vision Episode 11: The Atlanta startup ecosystem and the Siggie Awards – An Interview with Gordon Rogers, Avondale Innovation District

April 18, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 11: The Atlanta startup ecosystem and the Siggie Awards – An Interview with Gordon Rogers, Avondale Innovation District
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“Decision Vision” Host Michael Blake and Gordon Rogers

The Atlanta startup ecosystem and the Siggie Awards

Startup investor and mentor Gordon Rogers speaks with “Decision Vision” host Michael Blake on the history and development of the Atlanta startup ecosystem, the pivotal role of Sig Mosley in this community, and the “Siggie Awards,” which honor Sig’s contribution and recognize other noteworthy Atlanta investors.

Gordon Rogers, Avondale Innovation District

Gordon Rogers

Gordon Rogers is a three decade veteran in the Atlanta startup community, particularly in the field of education technology and online learning. In 1992, he founded a company that created one of the industry’s first learning management systems. He led the start-up from the bootstrapped stage to an IPO, through a merger with Paul Allen’s company, Asymetrix Learning in 1998, now part of SumTotal Systems, a SkillSoft company. He has spent the past 15 years working with startups in the ed-tech sector, including K-12, higher-ed and career & tech ed programs.

He mentors early stage ventures at Georgia Tech’s ATDC incubator and Flashpoint programs. As a social impact investor and entrepreneur, he advises Village Capital’s Ed-Tech Accelerator and Points of Light Civic Accelerator programs. He’s served as an advisor to over a dozen startups, including Authentica Solutions (now BrightBytes), Crescerance, ExceptionALLY, and RapidLD. In his role as advisor to CTE Portfolio, he works with Career & Technology Education directors to streamline Work-Based Learning and Apprenticeship Programs. CTE Portfolio can be thought of as a student-friendly version of LinkedIn.

He is Past President of Atlanta Technology Angels, and serves on the TAG Top 40 committee. He co-founded Teachers & Techies, a group of educational innovators working to improve technology in schools. He also serves as a guest lecturer and business competition judge at Georgia State, Georgia Tech, Emory, University of Georgia and Kennesaw State University business schools.

The Avondale Innovation District™, located in downtown Avondale Estates, is a place-based urban development designed specifically to support entrepreneurs and creative professionals, foster open innovation, attract and accelerate new business ventures. It is the venue for the inaugural Siggie Awards.  The “Siggies” are a way to recognize some of the unsung heroes in the Atlanta startup community: early-stage investors. The “Siggies” are named after Sig Mosley, Managing Partner of Mosley Ventures. To nominate an Atlanta investor for a Siggie award or to get more information on the inaugural event on May 15, 2019, click here.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to begin Decision Vision, a podcast series focusing on critical business decisions brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:20] And welcome to another episode of Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:38] My name is Mike Blake, and I’m your host for today’s program. I am a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please also consider leaving a review of the podcast as well.

Michael Blake: [00:01:03] So, today, we’re going to talk about a startup project in Atlanta called the Siggie Awards. And we’re going to talk a little bit about the award program itself, but also dig into what goes into launching an award program, what it takes to build and sustain one, and whether you, as a business owner or decision maker, should consider being involved in an award program in your community.

Michael Blake: [00:01:25] And to help us today is Gordon Rogers, the Avondale Innovation District. Gordon is a 25-year veteran of startups in the field of digital education and learning management, both as a founder and an investor. Gordon is a mentor at Georgia Tech’s ATDC and Flashpoint Accelerator Programs, as well as Managing Director of Vernon Bridge Ventures, an early-stage capital advisory firm. He serves on the advisory boards of Authentica Solutions, Crescerance, ExceptionAlly, and Rapid LD.

Michael Blake: [00:01:55] As a social impact investor and entrepreneur, he advises Village Capital’s Education Accelerator, as well as Points of Light Civic Accelerator programs. He is also past president of Atlanta Technology Angels. He sits on planning committees for Venture Atlanta and TAG, Technology Association of Georgia, Top 40. He also serves as a guest lecturer and business plan competition judge at Georgia State University, Georgia Tech, Emory University, Kennesaw State University, and the University of Georgia Business Schools. He has made angel investments in mobile learning, online language training and employee wellness companies, and virtual world startups.

Michael Blake: [00:02:32] Gordon’s newest project is serving as venture partner of the Avondale Innovation District located in downtown Avondale Estates, which is almost due, well, I guess north and east of Atlanta. Avondale Innovation District is a place-based urban development designed specifically to support entrepreneurs and creative professionals foster open innovation, attract and accelerate new business ventures. It is the venue for the inaugural Siggies Awards. The Siggies is our way to recognize some of the unsung heroes in the Atlanta startup community. The Siggies are named after Sig Mosley, who is the Managing partner of Mosley Ventures and is widely regarded as the godfather of the Atlanta early stage investment community.

Michael Blake: [00:03:17] In addition, Gordon, how many children do you have? Seven or eight?

Gordon Rogers: [00:03:20] Seven at last count.

Michael Blake: [00:03:22] Severn at last count.

Gordon Rogers: [00:03:23] We’re holding.

Michael Blake: [00:03:24] And holding steady. Very talented, by the way. I’m an amateur musician. Gordon’s family is a gaggle of musicians and have some fascinating YouTube videos. In particular, a couple where they all play around the same piano doing a couple of songs. He’s doing percussion, playing the strings, playing the keys. And it’s remarkable, not only the musicianship, but they all get along well enough to accomplish that.

Gordon Rogers: [00:03:51] For those three minutes.

Michael Blake: [00:03:51] For those three minutes. Well, I have two, I have two kids, I’m not sure I can accomplish that for those three minutes. So, congratulations to you.

Gordon Rogers: [00:03:59] Thank you.

Michael Blake: [00:03:59] And I guess I didn’t realize how much you’re involved in addition to your expansive family. How on earth do you find the time for this?

Gordon Rogers: [00:04:12] Well, as you know, kids grow up. So, most of them have finished college by now. So, they’re “self-sustaining adults.”

Michael Blake: [00:04:21] Congratulations.

Gordon Rogers: [00:04:23] And we have one about to graduate from high school. So, we are not quite as encumbered as we once were.

Michael Blake: [00:04:30] The herd is somewhat thinning, I guess.

Gordon Rogers: [00:04:32] Yeah, but it’s kind of like a herd of cats.

Michael Blake: [00:04:34] But you’re still — I mean, you’re still busy, but you somehow found time to take on this new project. So, you, obviously, have a lot of demands on your time. You don’t say yes to everything. Why did you say yes to this?

Gordon Rogers: [00:04:46] Well, it was a chance to work with two people that I’ve admired and enjoy working with for quite some time. Ed Rieker, who is the guy who started and launched Avondale Innovation District, a serial entrepreneur from ATDC and others who have several healthcare startups that have gone on to success. And he’s always been a great supporter of the startup community.

Michael Blake: [00:05:11] Yes, he has.

Gordon Rogers: [00:05:10] And I’ve worked with him for, at least, 10 years. As a matter of fact, fun fact, I think, Mike, you and I were behind the microphones at a different podcast in 151 Locust in 2010.

Michael Blake: [00:05:27] That sounds right. Yeah, the old Startup Lounge Podcast.

Gordon Rogers: [00:05:29] The Startup Lounge Podcast was there. And you and Scott were kind of the originators of this whole process. And 151 Locust was an old farmhouse that Ed converted in the middle of Avondale Estates into a co-working space. And we held a lot of events there, one of which was hosting your Startup Lounge Podcast.

Michael Blake: [00:05:51] Yeah. And that was sort of a co-working space before it became cool to have co-working spaces. Really, I mean, before Atlanta Tech Village, before Tech Square, before Opportunity Hub, before for any of these guys, right?

Gordon Rogers: [00:06:03] Ed was a man ahead of his time.

Michael Blake: [00:06:06] And so, you’re involved now in the Avondale Innovation District. And then, at some point the conversation came up, “Let’s have, I guess, an awards ceremony,” or was that you’re just sick and tired of Sig getting every award there is? So, we’ve got to find a way to give an award to somebody else. How did that conversation come around?

Gordon Rogers: [00:06:24] It was a little bit of both. We thought, “Okay, Sig has received a lot of awards. Maybe it’s time to put him on the other side instead of being on the receiving end,” which is well-deserved over all those years. But to give him yet another award might be just another of the same old, same old.

Gordon Rogers: [00:06:43] And we both recognized that Sig has been around, a fixture really, for three decades or more. And he really is the guy who got the whole angel early startup program off within Atlanta. And, now, it’s time that he kind of takes a little more time to go off to his villa in Costa Rica and other places. And there’s so many other people around the community that are doing similar work but may not get such recognition. So, we thought, what better way to honor that legacy that Sig has created and let him provide some accolades to others, other deserving souls?

Michael Blake: [00:07:27] And I think there’s another benefit. I do want to get into the notion of recognizing people are social contributors. But, also, for a long time, this town was basically Sig, and maybe Charlie Paparelli, and maybe Steven Fleming. And if those three said no, you basically felt like your deal was done.

Michael Blake: [00:07:47] And Sig is still so highly regarded. He’s such an important fixture that I think a lot of people who would like guidance and funding themselves don’t realize there are many active people, maybe more active at their stage of their lives versus Sig at this point that can be resource to them. It’s an opportunity to highlight that and pass the baton on in a way, sort of, kind of, this group succession planning. Is that a reasonable way to think about it, or am I off the reservation?

Gordon Rogers: [00:08:16] No, I think you’re right. And let’s go back to another throwback to that Startup Lounge here. I don’t know if it was you or your buddy, Scott, that came up with that t-shirt “Sig said No.”

Michael Blake: [00:08:28] That was Scott. He was the funny one.

Gordon Rogers: [00:08:29] All right. So, just for those who weren’t around in that era, there was a T-shirt that kind of threw a little bit of humor at. If you got a no from Sig, essentially, your startup was dead in the town of Atlanta. And that put a lot of pressure on Sig, of course. And it just didn’t give a lot of opportunities for people with ideas to go somewhere else.

Michael Blake: [00:08:54] I think Sig would tell you, he didn’t want to be in that position.

Gordon Rogers: [00:08:57] Absolutely not.

Michael Blake: [00:08:57] He did not want to be that that grand inquisitor, that grand executioner.

Gordon Rogers: [00:08:59] Right, exactly. But he was the default. And I look back, and if you look at Silicon Valley, if Ron Conway was the only guy out there that made angel investments, where would that be today? There’s a lot of Ron Conways out there. And I argue there’s a lot of folks like Sig, but they don’t have the same name and reputation. And, now, it’s time to build more pillars. I mean, he’s been the central tent pole, but we need others holding up the tent as well.

Michael Blake: [00:09:29] I think part of that is cultural too. I think Silicon Valley has a culture where if you’re an angel investor, you’re kind of like the rock star mentality, you’re kind of okay with the spotlight and drawing a lot of people to you. I think, in Atlanta, we still have a little bit more keep it close to the vest. Yeah, I’d like to make some investments, but I don’t necessarily want everybody knowing that I have the wherewithal financially to make those investments too.

Gordon Rogers: [00:09:55] Fair enough. And, yeah, Sig is kind of the unsung hero. And he is, obviously, responsible for a lot of successes. But you know what, you can’t rely on one person because that one person is not going to do it forever. And so, if you want a sustainable ecosystem you got to have a lot of people in the game.

Michael Blake: [00:10:12] So, you’re setting up this award program. What are you looking to reward? What are you looking to acknowledge and bring to light? What categories do you want to acknowledge people in?

Gordon Rogers: [00:10:26] Well, the first people who we’re turning to are those entrepreneurs who have raised capital and want to recognize the angels and mentors that have helped them do that. So, for founders that have started companies and raised anywhere between, say, 250K up to a million dollars, it’s an actual seed stage investment.

Gordon Rogers: [00:10:47] We want them to nominate angel investors and others who have helped them raise that round because anyone who’s done a startup knows that that first round is probably the hardest. And the more people that are involved in that process, the better chances you have of getting that first round. So, that’s the launching pad. So, that’s one award.

Michael Blake: [00:11:09] Okay.

Gordon Rogers: [00:11:11] The other one is Investors’ Choice, which comes from angels choosing other investors and recognizing other investors. And that’s not necessarily people who write the biggest checks or the most checks. It’s the people who are there helping those startups refine their pitch deck, work on product market fit, mentor them through the many different programs that are around here today, which were not around back in the Startup Lounge days.

Gordon Rogers: [00:11:41] Besides ATDC, which has been there all along, but you’ve got the Farm, you’ve got TechStars. Most of the universities have entrepreneurship programs. All those rely on outside mentors and many angels to help provide that support. And those are the people we’re looking to recognize.

Michael Blake: [00:12:02] Now, you also have a category, an award called the Resurgent Award. What is that? Who do you think the ideal nominee for that award would be?

Gordon Rogers: [00:12:11] Well, yeah. We had a list of potential award categories, and I came up with 8 or 10, and we had to pare it down. But the two that Sig really, really wanted to make sure got recognized, one of those was that, originally, we call it the Comeback Kid, but it’s recognized as a fact that not every founder and, certainly, not every startup is successful the first time around. And we need to recognize and honor those who have gone through failure and be willing to do it again, and maybe got socked by the markets, or they had missed the product market fit, but they learned from that, and that wasn’t the end of their journey. And so, by giving this award and this recognition to someone who is “resurgent,” we want to encourage failure, and learning from that, and continuing. And that’s how you build the ecosystem.

Michael Blake: [00:13:09] And Bill Gates is famous for saying that, “That success is a lousy teacher.” I think that concept is so important. My wife is in entrepreneurial venture. And her business partner, who himself has had a couple of failed ventures said that, I think is very profound, “If you don’t start a business after the failed one, then you’ve wasted the most expensive education you’ve ever had.”.

Michael Blake: [00:13:36] And I think that’s profound, right? When you get to sort of rewind, you realize, “I should have paid more attention to marketing,” or “I should have had a compensation program that was different,” or “I should have pivoted.” Whatever those would have, could have, should have were, you gain no value from them if you don’t find some way to, sort of, act upon them and profit that, right? And profit from that.

Gordon Rogers: [00:13:58] Exactly.

Michael Blake: [00:13:59] And, of course, the other part of that is it requires an investment community to be accepting a failure. And one of the criticisms of the Atlanta ecosystem for a long time has been, one and done. You lose money, you get that reputation, you’re damaged goods, and you’re just done. Do you think that’s changing now in the Atlanta area? Can you get a second shot?

Gordon Rogers: [00:14:24] Absolutely. And that’s what the purpose of this award is to recognize that shift. Before 2010-2011, I would say what you just described was absolutely the situation. As more capital has come in and as investors have become more sophisticated, they are looking at the founders and say, “Did you learn from this? Are you coachable? Are you willing to try again?” And they’re willing to give them another shot. And that’s the whole purpose of this award is to recognize that the shift has occurred and to encourage that failure. We’re willing to try and try again.

Michael Blake: [00:15:03] So, you’ve mentioned the timeline of the startup community here in Atlanta. And you and I have both been referred to as the OGs of the community. I’m not sure how I feel about that, but I’m going to lean into it for the time being. What are some of the other ways you’ve seen the startup community here evolve in the last 10-15 years?

Gordon Rogers: [00:15:22] Well, again, the support infrastructure that did not exist back when 151 Locust was, as you’ve mentioned, the first co-working space, before it became cool. Now, you cannot throw a rock without hitting either an accelerator, incubator, or co-working space. And that’s also part of a stronger ecosystem. Back before, if you try a startup, and you were working out one or two places that were the only place you could go, if you failed there, you might want to go somewhere else, but there really wasn’t anywhere else.

Gordon Rogers: [00:15:59] And, now, you can bounce around from one accelerator program to the next. And, hopefully, you’re learning something from those. And those accelerator programs, they’re not all based just here. They’re part of national chains and international organizations, such as TechStars, for example. They are bringing international focus to these startups. And so, they plug those founders into a network, not just of national but international investors and customers. And so, none of that infrastructure was there even five years ago. It’s really shifted in the last few years.

Michael Blake: [00:16:33] Yeah. Even in Chamblee, where I live, there are, at least, two co-working spaces of, which I’m aware. And then just three miles north up Peachtree Boulevard, this Prototype Prime, Sanjay Parekh is out there. We’ll get him on a podcast at some point. And, now, you’re seeing some market segmentation, right? Each of these are bringing something a little bit different to the table. Globe Hub in Chamblee has sort of an international focus, and Prototype Prime has a maker space, and Opportunity Hub has become a focus for minority entrepreneurs or entrepreneurs of color. Kind of interesting how that’s shaking out, isn’t it?

Gordon Rogers: [00:17:12] Yeah. Well, because there’s so many products out there, there has to be some product differentiation. One aspect, a potential downside that I worry about is growth of a species called accelerators surfers. And that’s people who really don’t necessarily have a business plan, but they can exist and survive three months at a time going from one accelerator program to another. Hopefully, they’re learning from that program, but it could also be a lifestyle. It’s like, “Hey, this is cool, I get to hang around with other innovative thoughtful people,” and they go through three or four accelerators, and they still don’t have a product. But, hopefully, that’s not going to be the case with most entrepreneurs.

Michael Blake: [00:17:55] Now, one thing I would argue has been, I think, a refreshing constant of the Atlanta community is even though capital has been hard to come by, historically, and to some extent appropriately so, there’s always been, I think, a very broad willingness to kind of pitch in not necessarily because you think you’re going to get something out of it, but I think people like you, like Sig, like many others, Scott Burket, have been very willing to give of their time to be a resource to help the entrepreneurs up their game, because I think that’s been another shift. I think entrepreneurs on the local market are better. I think they’re more skilled, they’re more sophisticated. What do you think?

Gordon Rogers: [00:18:36] Well, I agree. And I agree, the mentorship aspect has always been healthy and robust. But without the other side of that coin, literally, which is writing checks, the capital does still have to be there. Now, arguably, you can do more with less capital, and that has created a much bigger funnel of choice for VCs and angel investors because if you have an idea, and you can set up a wireframe, and get yourself a cloud account, you may have a company.

Gordon Rogers: [00:19:09] And so, as a result, thousands of companies are created. How many make it across the finish line? How many are actually able to raise capital? That’s a tougher thing to look at. And so, with a large pipeline, one of the benefits of these accelerators is you can help whittle down the actual likely people who are going to succeed out of those programs.

Michael Blake: [00:19:32] I guess, part of it, also, and I post this on a chart of the day about a week and a half ago, and you just alluded to it, the cost of starting the business now is so much less. It’s down to orders of magnitude in the last 20 years, right? I guess, part of the other side of the coin is you may not need the coin, right? Bootstrapping a company is much more viable than it was even five years ago. So, there’s actually a little, I think – tell me if I’m wrong- – there’s a little bit of a supply crunch to of companies that might have been coming to you, or to Sig, or to Atlanta Technology Angels. They’re not coming to them anymore because they’re finding they can do it on their own, thank you very much.

Gordon Rogers: [00:20:15] Well, absolutely. And the more of that, the better because startups should not have to rely solely on VC and venture funds to get off the ground. And by being able to go further and achieve some kind of customer penetration with bootstrap funds, and they become healthier, then that just raises their own valuations, and then puts those founders in a much better position, more in the driver’s seat when it comes to negotiation for valuation, when it comes time to actually raise capital.

Michael Blake: [00:20:46] Now, I understand you’re partnering with a nonprofit organization in putting the Siggies together. Tell us about that.

Gordon Rogers: [00:20:51] Yes. Well, one of the important things that we wanted to do here is to bring members of the investment community, angel community together with those who are supportive of nonprofits. And so, we wanted to find a nonprofit that followed the philosophy that we all support. And in this case, STE(A)M Truck is the one that we selected. And STE(A)M Truck, started by Jason Martin three or four years ago, essentially, is maker labs on wheels. They travel around the schools that don’t have their own facility, and it teaches STEM and STEAM skills to middle-school kids, and it gives them the access to those facilities that they might not otherwise have. And he’s grown from one pickup to five or six trucks and trailers in the last four years.

Michael Blake: [00:21:45] And so, why them? What’s that connection that you saw, or what connection did they see with you?

Gordon Rogers: [00:21:53] Well, I first met Jason when he was in the Civic X Accelerator Program, which Points of Light started several years ago. And that’s where nonprofits and social enterprises learned, build, and perfect their business model, so they can become sustainable. And they were scrappy, they figured out how to do it. And they’ve lasted several years now and grown to serve thousands of kids all around Georgia.

Gordon Rogers: [00:22:24] And so, to me, that’s a model that more nonprofits and social enterprises need to be able to follow. Still, they need capital, they need help. And by bringing them in the same room as investors in more for-profit startups, hopefully, there’s going to be some serendipity there, and people will take a look and say, “Yeah, this is a great model.”

Michael Blake: [00:22:47] Okay. So, I want to switch a little bit to kind of the nuts and bolts because, I think, a lot of people think about starting awards programs, getting involved in awards programs. You’re now doing it. Is this the first one? I guess not because you’ve been involved with Tag top 40, Venture Atlanta, and awards program of sorts, at least, as competitive to be invited to make a pitch. And that’s become a very successful exercise on its own right. Probably one the most awarded in Atlanta now.

Michael Blake: [00:23:19] From your perspective, you’re a successful individual, you got a lot of demands in your time, why choose to be involved in awards programs? Why is that a good outlet for your time or a good use of your time?

Gordon Rogers: [00:23:31] Well, I guess, I looked at this, and Ed and I kind of put our heads together, and we decided, “Okay, let’s go from ironic to iconic.” And so, we’re going to start off with — it’s sort of tongue and cheek. It’s not-

Michael Blake: [00:23:44] That sounds like Ed, by the way.

Gordon Rogers: [00:23:46] Yes, yeah. We decided not to take this too seriously. And, thankfully, Sig is happy to play along. So, we’re not giving out any kind of gold statuettes. We’re actually giving out bubbleheads with Sig’s likeness on it. And, again, we stole that idea from Scott because he had that idea back in the day. And we’re looking at some interesting things. Our version of the swag bag for the winners is the Siggie sack. And so, there will be some interesting things in that for the winners.

Gordon Rogers: [00:24:18] And so, we hope to have fun along the way, not take it too seriously. It is the first one of these awards. So, it’s the inaugural Siggie awards. But we’re hoping it will become an annual event, a must-attend event. And, again, as people age out of the ecosystem like Sig, he’s not going to be here forever, we need to build that next generation. So, my tag line for this is “Star Trek the Next Generation.”

Michael Blake: [00:24:48] Okay. Well, yeah. And I think for something like this, it is important not to take it too seriously.

Gordon Rogers: [00:24:56] That’s why we’re bringing you and Scott in to help with that.

Michael Blake: [00:24:59] I clearly see. Clearly, you’re not afraid of failure. That’s for sure.

Gordon Rogers: [00:25:02] Right.

Michael Blake: [00:25:03] Just as a side note, we’d contemplated doing some kind of awards program. We just didn’t have the time to pull it off. But we did get as far as we were going to name at the Shafties.

Gordon Rogers: [00:25:14] Okay.

Michael Blake: [00:25:15] Because the Startup Lounge logo was a gear shift. So, we’re going to give people like a golden gear shaft or something like that.

Gordon Rogers: [00:25:23] Right, right.

Michael Blake: [00:25:23] But we couldn’t really decide if that was going to be kind of too edgy or not. So, it kind of died there.

Gordon Rogers: [00:25:29] Well, we think the community is matured enough that they are ready for this kind of event.

Michael Blake: [00:25:34] I think so. I think you’re going to find that there’s going to be a tremendous amount of community support. Of course, Brady Ware supporting the program.

Gordon Rogers: [00:25:42] We appreciate that.

Michael Blake: [00:25:43] And we’re delighted to be a charter sponsor, so.

Gordon Rogers: [00:25:45] We know Sig is willing to play along because, again, going back to the 151 Locust days, we had those events called the Spring Fling. And we took over the streets. And there was a dunk tank, and guess who was in the middle the dunk tank? Sig Mosley.

Michael Blake: [00:26:00] He was. I did the dunk tank as well, and I learned a couple of things. The one I learned just how much my children hate me because when they couldn’t hit the target, they would just simply walk up and smack the target to make sure that I would be dunked.

Gordon Rogers: [00:26:17] Right.

Michael Blake: [00:26:18] Have you ever done a dunk tank?

Gordon Rogers: [00:26:20] I did. At that point, yes.

Michael Blake: [00:26:21] It is-

Gordon Rogers: [00:26:22] I didn’t let my kids participate though.

Michael Blake: [00:26:23] It is jarring.

Gordon Rogers: [00:26:25] It is.

Michael Blake: [00:26:26] I don’t think my back has ever been so wrenched as to when, all of a sudden, the seat just sort of gives way. And even though you fall into a tank of water, now, I know how the coyote feels basically when that happens. It’s a surprisingly weird physical experience.

Gordon Rogers: [00:26:41] Well, as I said, Sig has a good sense of humor, but he drew the line at that. He wouldn’t do the dunk tank this time.

Michael Blake: [00:26:46] Well, everybody has to draw the line someplace.

Gordon Rogers: [00:26:48] Yeah.

Michael Blake: [00:26:52] Thinking as somebody, then, who is a financial contributor, what’s the case for a company that has limited funds, limited marketing budget to support awards programs like this?

Gordon Rogers: [00:27:06] Well, I think it shows that they are recognizing the importance of building the community. And I hate to use that proverbial, it takes a village term, but it really does. And by participating in that, I mean, these things don’t happen automatically. We have to pay caterers. And, thankfully, Ed is really digging into his own because he’s providing the facility without charge.

Gordon Rogers: [00:27:32] And it’s also to showcase the fact that there are other centers of activity besides Midtown, and Buckhead, and Alpharetta. Avondale Estates is kind of a well-kept secret, although it’s due east, five miles due east of Ponce. So, we just want to show showcase the fact that there’s other parts for entrepreneurship activity around Atlanta. And it’s a stone’s throw from downtown Decatur.

Michael Blake: [00:28:02] You’re right about that. I mean, Decatur is sneaky entrepreneurial. Avondale is sneaky entrepreneurial. Chamblee is sneaky entrepreneurial in that way as well. I haven’t thought about that, but you’re right. A way to sort of — and there’s nothing wrong with the center of gravity, and the Georgia Tech Mafia and so forth, but there’s a lot of Atlanta that is not Georgia Tech, and TechSquare, and ATDC. And they’re great organizations, but they’re not for everybody. They’re not for everybody from a programmatic perspective. And we know how hard it is to get around town too, that for somebody coming in from Avondale Estates having to go into Midtown, that’s not an insignificant time commitment anymore. So, being able to localize these things, I think, is really important.

Gordon Rogers: [00:28:46] That and the fact that, as you’ve pointed out, as the economy has improved, rates for per square foot have gone up in those areas that you just mentioned. And most startups are pretty cash-strapped. And while some of these programs do give them free rent for two to three months, eventually, they have to start paying. And no one wants to commute two hours to get to their office. And so, they can find affordable space along with other people – mentors and co-workers – who are doing similar things with startups that provide that support. Then, they shouldn’t have to drive for two hours to get there.

Michael Blake: [00:29:27] So, how do you define — have you set a vision for this program will be a success if A, B, and/or C happen? And if so, what are those A, B, and Cs?

Gordon Rogers: [00:29:40] I guess if we get a flood of nominations for these different categories and get a lot of people recognized for what they’re doing, and we get a great turnout on May 15th at Avondale Innovation District, I think those are the things. And if we get people who were not prior to this event, didn’t have that awareness, or didn’t have that recognition. And so, then, founders can say, “Well, here’s some more people that I can tap into that I didn’t even know existed.” And so, again, it’s spreading the word about the entrepreneurial ecosystem.

Michael Blake: [00:30:17] Is there also a hope that perhaps by recognizing those who have made those contributions that it might inspire others to follow suit and maybe be that generation after next?

Gordon Rogers: [00:30:28] Yes, what you said, exactly.

Michael Blake: [00:30:29] And, hopefully, inspire the current one maybe to expand that as well, I guess.

Gordon Rogers: [00:30:34] Absolutely.

Michael Blake: [00:30:35] So, I think one of the challenges that awards programs have is they can become a little cynical. I think, you’ve probably seen it. I know that I have. They can be taken over by sponsors. They can start to become a vehicle, whereby the primary goal starts to become not so much recognizing whatever it is the award program was supposed to recognize. But then, sponsors want to recognize their clients, people on the board selection committee want to nominate p they can generate business. We’ve both seen that. And I’m sure you’re very aware of that. How do you keep an award program like this from going in that direction to make sure that it maintains its value over the long term?

Gordon Rogers: [00:31:32] Well, I think, by adhering to the standards. Ed, as I pointed out, has graciously agreed to put this event on. And, obviously, he’d love to have help from others, but there’s no real necessity to bow to that kind of financial pressure. We want people who are going to contribute on the basis of recognizing and helping building that ecosystem. And so, hopefully, we can stay true to that philosophy.

Michael Blake: [00:32:03] Do you see this award continuing to be to be run 5-10 years from now?

Gordon Rogers: [00:32:11] I would think, yeah, that’s quite a possibility. I mean, I think, it’s a — again, a lot depends on the first couple of years. It always takes a while to get these events off the ground. I remember with Tag Top 40, that was a much smaller production than it is now. And it takes two to three years to get these things into momentum. Even Venture Atlanta started off relatively small scale back in, I think, 2010 when they started or ’09. And it’s been a great success, but it’s taken a few years to get to reach their stride.

Michael Blake: [00:32:47] One of the things I’ve found, as I’ve been involved in a few of these things, it’s surprisingly hard to get nominations. I’ve always found that. I always figured, “Well, having award and nominations are flowing. Who wouldn’t like to have the public recognition, have people clap for you, etcetera, etcetera, so they get a front seat of the banquet?” But it’s actually deceptively hard to get a good nomination flow, isn’t it?

Gordon Rogers: [00:33:09] Well, it is. And, also, people don’t necessarily like to follow directions. When I send out this-

Michael Blake: [00:33:13] I have teenager, so I’m familiar with that. Yes.

Gordon Rogers: [00:33:15] Well, yeah, but even adults. You send them an email saying, “Hey, we’re having this event. Here’s the link to the Siggie awards site. We’d love for you to nominate.” And they reply, “Oh, great idea. Here’s five people I want to nominate.” And they missed the fact that, well, you need to fill out the form because why you’re nominating this individual, et cetera. So, I appreciate their willingness to help, but they’ve got to take that final step to actually get the nominations.

Michael Blake: [00:33:41] Yeah, if you break the — And we ran this at Startup Lounge to is that people want to be in the program, but they know us. They figure they can just send us an email, but the thing is we have systems of knowing who’s going to be in. If you break the system, then we might remember you’re coming, or we might not remember that you’re coming, right?

Gordon Rogers: [00:33:59] Right.

Michael Blake: [00:34:00] It’s not personal. It’s just Scott and I aren’t all that bright to, sort of, remember everything.

Gordon Rogers: [00:34:05] Well, you got a lot going on.

Michael Blake: [00:34:05] So, in order to sustain this program, what do you think are the key two or three things you need to make sure that this program is sustainable, so 5-10 years, we are still talking about, hopefully, as, by then, an institution of the Atlanta startup scene?

Gordon Rogers: [00:34:26] Well, for that, I would almost prefer to throw that over to my colleague and your good friend as well, Peter Baron of Carabiner Communications, because they are our communications partner. And they are starting to socialize this. And they are the experts on how to make something like this become, hopefully, a meme or something that people want to get to, what’s the buzz, and let’s find out what this is all about, and it’s a must-attend event.

Gordon Rogers: [00:34:55] Now, that doesn’t happen overnight typically, but by getting it into the hands of the right people and building awareness in the communications side of things with the owners and the investors, hopefully, the VCs will pay attention to this because this is helping their pipeline down the road. Typical VCs aren’t going to invest in the seed round, but they do want to keep their eyes open for the promising entrepreneurs. So, it behooves them to have this event continue because five years from now, they’re going to be writing series A and B checks for those same entrepreneurs.

Michael Blake: [00:35:31] It is a visibility into who is working with lots of entrepreneurs too, right-

Gordon Rogers: [00:35:35] Oh yeah.

Michael Blake: [00:35:35] … because you’re networking your pipeline?

Gordon Rogers: [00:35:37] Yes.

Michael Blake: [00:35:37] So, all right. So, I’m running out of time. So, we have to kind of wrap this up. How can people contact you or follow you to learn more about the Siggies?

Gordon Rogers: [00:34:54] Well, I’m on LinkedIn at Gordon Rogers. The Siggie Awards has its own site, siggieawards.com. And so, I would start with those two.

Michael Blake: [00:35:56] All right. Well, that’s going to wrap it up for today’s program. I’d like to thank Gordon Rogers so much for joining us, and sharing his expertise with us, and helping us learn more about the Siggie Award Program.

Michael Blake: [00:36:07] We’ll be exploring a new topic each week. So, please tune in, so that when you’re faced with your next business decision, you have a clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Emory University, Gordon Rogers, Investors Choice, Kennesaw State University, Michael Blake, Mike Blake, Mosley Ventures, Sig Mosley, Siggie Awards, Siggies, startup community, startup ecosystem, startups, venture capital, venture capital funding

Decision Vision Episode 10: Should I Have a Quality of Earnings Report Done? – An Interview with Teresa Snyder, Brady Ware & Company

April 11, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 10: Should I Have a Quality of Earnings Report Done? – An Interview with Teresa Snyder, Brady Ware & Company
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Teresa Snyder, Brady Ware & Co., and Mike Blake, Host of “Decision Vision”

Should I Have a Quality of Earnings Report Done?

What is a quality of earnings report? Why would I want one done for my business? How does a quality of earnings report help as I’m getting ready to make an acquisition or sell my company? These questions and more are answered in this episode of “Decision Vision,” as host Michael Blake, Director of Brady Ware & Company, interviews Teresa Snyder, Director of Brady Ware & Company.

Teresa Snyder, Brady Ware & Company

Teresa Snyder, Brady Ware & Company

Teresa Snyder is a Director of Brady Ware & Company. Teresa has over twenty-five years of experience in public accounting and private industry. Her experience includes not-for-profit organizations, professional service firms, wholesalers, manufacturing and importers/exporters of various industries. Teresa has assisted her clients in a broad range of general management and financial consulting services, accounting systems design, and accounting and financial reporting issues.

In addition to providing client service, Teresa serves as the Atlanta Audit Leader for the firm. She has earned the AICPA IFRS Certificate. Prior to joining the firm, Teresa specialized in software consulting and implementation of fully integrated accounting software for various types of organizations including wholesalers and manufacturers, and importers/exporters.

Teresa is a CPA in Georgia and a member of the American Institute of Certified Public Accountants and the Georgia Society of Certified Public Accountants. Teresa has served as a coach for youth sports and is involved in a variety of not-for-profit organizations where she holds leadership positions.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

 

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions, brought to you by Brady Ware & Company. Brady Ware is a regional, full-service, accounting and advisory firm that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:20] And welcome back to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we’ll talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:40] Hi. This is Mike Blake. And I’m your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and in Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please also consider leaving a review of the podcast as well.

Michael Blake: [00:01:04] So, today, we’re going to talk about something called quality of earnings reports. And this an important topic. We’re, right now, at a high point over the last 10 years of merger and acquisition activity, which in English means that businesses are being bought and sold all over the place, and valuations are very attractive, financing is out there. Whether you think it’s back to the good slash battle days of 2006 -2007, I’ll leave it to you to make that determination. But the fact of the matter is that buying businesses is definitely back, and it’s back in style.

Michael Blake: [00:01:42] And as it turns out, a lot of that or a lot of my practice in the business appraisal happens to be in the M&A world. And my job is to help a client figure out the appropriate price and, to a certain extent, the terms associated with the transaction. But within that process of examining a transaction, there’s this thing that we call due diligence. And due diligence, when we really get down to it, is really just trying to answer the question, is this business what the seller says the business is? It’s really all that and a bag of chips basically.

Michael Blake: [00:02:22] That due diligence process, if it’s done well, is typically very involved and a very engaged process. It sometimes takes 30 days. Usually, it takes 60 to 90 days. And I’ve seen it go as far or as long as 180 days if it’s a particularly complicated transaction. And the due diligence process will involve everything from legal due diligence, intellectual property, customer due diligence, and so forth. And to be perfectly candid, from the seller’s perspective, it’s about as comfortable as your garden variety colonoscopy. But if you want to sell your business, you want to get the right price for it, that’s what you got to do. There’s just no alternative to it.

Michael Blake: [00:03:07] Now, financial due diligence, of course, is an important part of this entire kind of investigation and, sort of, crunching the numbers. And what we’re going to learn about today is, kind of, a specialized portion of that financial due diligence that’s called quality of earnings. And what quality of earnings means at the end of the day is that not all earnings are alike. Accounting is a funny thing. Accounting is a language. And like any language, a word or a term can mean different things depending on the context, depending on the syntax of that conversation.

Michael Blake: [00:03:47] And so, quality of earnings can mean different things to different people, to different buyers. And looking at quality of earnings has become much more in vogue. I’ve seen it come much more in vogue in, say, the last 10 years where a specific exercise is done, not just to, kind of, validate the numbers that are presented, but really dig into what do those numbers mean, is the financial performance of the company sustainable, is it telling us the story of what we would like to do.

Michael Blake: [00:04:19] But, of course, with performing additional due diligence, that means extra expense, extra time, extra fees. So, the question comes up, does it make sense to perform or have a quality of earnings report done on this particular transaction?

Michael Blake: [00:04:35] And for those of you who have listened before, I am not qualified to tell you that. I’m not an accountant. I’m not a CPA. I don’t even do my own taxes. But I have somebody here today who is qualified to help us answer that question. And she is my friend and business partner, Teresa Snyder.

Michael Blake: [00:04:50] Teresa is an audit partner with with Brady Ware. She has over 25 years of experience in public accounting and private industry. Her experience includes not-for-profit organizations, professional services firms, wholesalers, manufacturing, and importers/exporters of various industries. Teresa has assisted her clients in a broad range of general management and financial consulting services, accounting systems design, and accounting and financial reporting issues.

Michael Blake: [00:05:17] In addition to providing clients service, Teresa serves as the Atlanta Audit Leader for the firm. She has earned the AICPA IFRS, which means international gap certificate. Prior to joining the firm, Teresa specialized in software consulting and implementation of fully-integrated accounting software for various types of organizations, including wholesalers, and manufacturers, and importers/exporters. Now, until I looked this up, I did not know you are that much of a tech head. You’ve been holding out on me.

Michael Blake: [00:05:44] Teresa is a CPA in Georgia and a member of the American Institute of Certified Public Accountants and the Georgia Society of Certified Public Accountants. Teresa has served as a coach for youth sports and is involved in a variety of not-for-profit organizations in which she holds leadership positions. Teresa, thank you so much for coming on the program today.

Teresa Snyder: [00:06:05] Thank you, Mike. Happy to be here.

Michael Blake: [00:06:07] So, let’s, sort of, before we get into it, I’d like to learn a little bit more and let our listeners learn a little bit more about your role at Brady Ware. When we say that you’re the Director of the Audit Leader of the Atlanta office of Brady Ware, what does that mean? What does somebody who hears that take away from it?

Teresa Snyder: [00:06:28] Well, our team provides audit and review services that help our clients in meeting their financial reporting obligations to investors and bankers. We also serve as advisors to our clients in a variety of business transactions, which include M&A transactions.

Michael Blake: [00:06:47] Okay. And one of the services that you provide out of this office is a quality of earnings analysis.

Teresa Snyder: [00:06:54] Yes, that’s correct.

Michael Blake: [00:06:55] So, somebody is buying a company, and they’re really interested, but they think that they would like to kind of do that deep dive into the financials. That’s something that you do through your practice, correct?

Teresa Snyder: [00:07:11] Yes, that’s right.

Michael Blake: [00:07:12] So, what is a quality of earnings analysis exactly? What is a client buying?

Teresa Snyder: [00:07:18] Well, it’s a detailed analysis of all the components of the company’s revenue and expenses, their operating cash flows, and their assets and liabilities. Typically, we’re going to look at a period of about 24 to 36 months of financial data, so that we can assess the accuracy of the historical data and consider the sustainability of future operations.

Michael Blake: [00:07:42] So, I’d like to hone in a little bit on the sustainability. What are the kinds of things that make operations or make earnings sustainable versus not sustainable?

Teresa Snyder: [00:07:52] Well, we’re looking for transactions such as non-recurring items. They might be non-recurring revenue. It might be a one-time revenue opportunity that a company had and is not present in the future on an ongoing basis.

Michael Blake: [00:08:09] Now, one thing, actually, I’m engaged, and I’m working on right now, I’ve got client who’s thinking about buying a company. And then, all of a sudden, their expenses went down conveniently right before the transaction is supposed to take place. And we’re kind of suspecting, but we don’t know that what’s happened is they’ve delayed their expenses to make that look good. And then, those expenses will wind up popping up after the transaction. Is that something that a quality of earnings analysis can bring to light for a client?

Teresa Snyder: [00:08:39] Yes, it should. It should be part of that analysis. So, you’re going to be looking at expenses as well and trying to determine, are there understated expenses for a variety of reasons? It could be someone postponing. It could be an unfilled position. For instance, an executive position that’s not filled for a time period, and so your expenses come in understated

Michael Blake: [00:09:01] Okay. So, if I’m a — we both know that doing a transaction is not cheap-

Teresa Snyder: [00:09:10] Right.

Michael Blake: [00:09:10] … if you want it done well, right. If you want to go into it blindly, it’s very cheap. It’s not cheap to do it well. On top of all the other fees we got going on, paying somebody like me for appraisals, tax advice, investment bankers, lawyers, everything else, when does it make sense to think about adding a quality of earnings study onto that to-do list or onto that venue?

Teresa Snyder: [00:09:36] Well, I think, the quality of earnings study, going through that process, part of it is to normalize your EBITDA. That’s your earnings before interest, taxes, depreciation, and amortization.

Michael Blake: [00:09:51] And that’s often a proxy for cash flow, right?

Teresa Snyder: [00:09:54] Correct. And so, then, once you normalize your EBITDA for the time period that you’re looking at, then you’re also going to start looking for those one-time transactions. And, generally, they’re going to be add-backs. They might involve owner transactions that wouldn’t be present in the future operation. There could be a variety of of add-backs to that number. And you’re trying to — once you normalize the EBITDA, that becomes your basis for establishing the multiple, which is your selling price. So, it’s very important. That number is critical in the sales transaction.

Michael Blake: [00:10:32] So, I want to touch upon — so, it’s not uncommon, it sounds like, that for even a seller to have a quality of earnings done on their own company, right? Almost like having a private investigator investigate yourself.

Teresa Snyder: [00:10:46] Correct. So, there can be two different approaches. Typically, the buyer is the one that’s going to commission the quality of earnings study. They’re going to use it for their own purposes to decide if what they’re looking at buying has a sustainability that they’re looking for. But a seller could also — and I have seen that, a seller might commission a quality of earnings study in preparation for going to market, or a buyer has come to them, and they want to see what it looks like, and are they being offered a fair price.

Michael Blake: [00:11:19] And I think that’s a smart thing to do because selling a business, in addition to being expensive, is hard. It’s complex. You and I both know the business owners, and they’re selling a business. It’s both an exciting and stressful time.

Teresa Snyder: [00:11:38] Yeah, exactly.

Michael Blake: [00:11:39] And the stress often comes from when a buyer starts pointing out, “Face of the baby is not as pretty as you think it is.”

Teresa Snyder: [00:11:47] Right.

Michael Blake: [00:11:48] Right? So, you’re getting very constructive, very practical criticism about the business. And that’s a lot easier to react to in a constructive way if you already know that criticism is coming, right. And maybe even, you’re in a scenario where you know that criticism is coming, but because you had that study done before the seller even finds out about it, maybe it discloses them proactively. And that can create a positive impression, create trust in the conversation. But the minute, at least, then, you’re prepared for it, right?

Teresa Snyder: [00:12:21] Yes.

Michael Blake: [00:12:21] So, you don’t you don’t react to it in a panic, right. Is that a fair way to think about it?

Teresa Snyder: [00:12:25] Yeah, I think so. And even if you back up and take even a longer-term view, and you go through this process or some version of this process, then you can react to it and act on opportunities that you might be missing or make corrections in areas that need to be corrected before you ever go into the marketplace.

Michael Blake: [00:12:46] Interesting. So, can you think of examples of those, kind of, opportunities that might surface if you do this preemptive, proactive QoE or quality of earnings? And if I understand you correctly, it sounds like you don’t necessarily have to wait until there’s a pending transaction. You may just do it as a matter of good management. Is that fair to say?

Teresa Snyder: [00:13:05] Correct.

Michael Blake: [00:13:06] Okay.

Teresa Snyder: [00:13:06] If you’re anticipating that you want to sell at some point in the future, and again you may not go through the full level of the quality of earnings analysis, you might do — there are some other engagements and agreed-upon procedures. And a lot of business owners know if they have a problem area. And so, that could be something that a business owner might enter into to help construct what are our challenges here, and perhaps what are some things that we can do to correct that.

Michael Blake: [00:13:38] Okay. So, a question I hear a lot is, what if the firm’s financial statements are already audited, right? There’s a perception, which I’m not sure is entirely right, but there’s a perception that because an audit has been done, automatically, they’re going to catch these things. And we had one of our colleagues, Randy Domigan on a few weeks ago and talked about forensic accounting. And audits don’t necessarily catch fraud, for example. Is it reasonable to assume that because there’s a gap compliance audit with a clean opinion or an unqualified opinion, is it reasonable to assume that there’s a quality of earnings report kind of baked in, or do you really need to kind of parse that out and separate that out because that’s a more separate detailed exercise?

Teresa Snyder: [00:14:32] That’s a great question. And there is absolutely added value to a quality of earnings study on top of an audit. So, an audit or even a review, which is a lower level of service, either one of those are a great tool to enter into a transaction or enter into discussions. Adding the quality of earnings study, it has a lot more key details of what’s occurring in the business. Those details are not going to be contained in the audit, and you won’t go through that process of normalizing the EBITDA and looking through what those add-back items might be that might be unique to your business but not necessarily to the industry.

Michael Blake: [00:15:20] Now, as a buyer, I might be thinking to myself, “I’m retaining attorneys, and I’m paying the 400-500 bucks an hour or more. I’m working with investment bankers, and they’re doing their thing. They’re getting their fees, and all kinds of advisors.” Aren’t they already doing this? Isn’t this already part of their normal scope?

Teresa Snyder: [00:15:45] No, they’re not. Everyone works in their specialized areas. And so, the attorneys are focused on the legal due diligence issues. The investment bankers are looking at how to market your company, and how to negotiate your selling price, and how to represent you in that particular transaction. So, the CPA is the accounting advisor as a part of that team. And putting that team together can help you successfully navigate a transaction and, hopefully, navigate — or excuse me, but, hopefully, to achieve your maximum selling price.

Teresa Snyder: [00:16:23] So, it does cost a lot of money for all of these professional services. But, again, going back to the CPA, the other part of the team is looking to them for their expertise and applying gap, which is generally accepted accounting principles. That’s what’s used in the audits and the reviews. And once you start applying gap, you’re taking that company, and you are measuring the transactions of applying consistency, and comparability, and reliability to the numbers in their financial statements.

Michael Blake: [00:16:58] Okay. Now, as we know, not every business acquisition is a financially-driven transaction. We can see this in some of the price multiples that are paid. Maybe there’s a strategic customer, or maybe there’s a piece of technology, maybe they just want to hire some of the talent. The only way they can do that is through an acquisition. In that case, does a quality of earnings report still make sense?

Teresa Snyder: [00:17:23] It possibly could from a buyer perspective. It really depends. They may want to look at the historical transactions and use that as a measure of not only the sustainability but the future predictions of what they anticipate doing with that business.

Michael Blake: [00:17:43] Okay. So, what are the most common issues you see that come up in a quality of earnings report? What is, sort of, on your checklist?

Teresa Snyder: [00:17:53] Well, the top one is inconsistency in financial reporting. And this goes back to the gap financial statements. Not all companies are preparing GAP financial statements. They don’t necessarily have to in terms of their tax compliance. So, even though their work might be going through a CPA for tax preparation, it doesn’t necessarily mean their financial statements are in accordance with gap. And so, inconsistency is a big thing. The gap part of that process is comparability and consistency of the financial statements and the reporting.

Teresa Snyder: [00:18:31] You also have, again, the non-recurring items or the understated expenses. If you’re trying to defer expenses in accordance with gap, you’re going to accrue that. The businesses is incurring those expenses. They just haven’t paid for them yet. So, again, you also identify related party relationships, and transactions, and owner items. That’s all a part of that process.

Michael Blake: [00:18:57] So, when you say inconsistencies, what’s an example of something that you might find an inconsistency and that winds up being material potentially to the transaction?

Teresa Snyder: [00:19:07] There, generally, are — cutoff is a big issue for a lot of companies, especially smaller businesses. So, the proper timing and recording of sales transactions, and the allocation of expenses, or the matching of expenses to those revenues generated, those are generally your two top areas where you’ve got cutoff and maybe not consistency and reporting.

Michael Blake: [00:19:33] Now, have about revenue? How about the way in which revenue is recognized? I see that in an area that’s near and dear to my heart, which is technology. And what about revenue recognition? Can you, sometimes, see inconsistencies there and how revenue recognition is applied?

Teresa Snyder: [00:19:50] Absolutely. Revenue recognition is different among different industries. And technology is unique to some other industries or other businesses. So, yes, you can see differences in revenue recognition. And, of course, the standards are changing for that as we speak. They’re going into effect this year for private companies. And so, that may present a challenge to some private companies for transactions over the next two years is working through the revenue recognition issues.

Michael Blake: [00:20:25] So, on, sort of, the other side of this process, you go through a quality of earnings process. Have you seen it? Have you seen instances where it’s actually kind of changed the price in terms of a deal? The deal typically starts with the letter of intent, which we both know is varying degrees of not that binding. It’s really just a place holder. Have you seen it since where the QoE basically changed the parameters of the deal?

Teresa Snyder: [00:20:56] Yes, it can. It can start reducing that multiple of the EBITDA. So, a seller who enters into a transaction, and they have their financial reporting house in order, so to speak, and they are able to substantiate all of the information that they’ve reported, they’re generally able to hold on to that initial selling price and not face the adjustments.

Michael Blake: [00:21:25] Now, another concern that I wonder if clients have, particular if a transaction is ongoing, we all know good transactions take a long time to unfold. When there are millions of dollars involved, grownups are careful making decisions around millions of dollars. And so, a concern might be, “Oh boy, we’re already doing X, Y, and Z. We’re negotiating. We’re doing the due diligence. If we inject a quality of earnings report into this discussion, am I going to drag this thing out yet more months and might just never going to sell this business?” I mean, how do you frame that conversation, or is that even a legitimate concern?

Teresa Snyder: [00:22:08] The due diligence process is lengthy. And I think you described it accurately. And it can be a painful exercise for you’re still trying to run the business, but at the same time, you’ve got to address all of the due diligence items in this transaction. And they do take a lot of time. And you’re addressing, again, your legal diligence, your tax diligence. There’s so many issues. Your customers, your HR, the culture. There are many, many aspects of it.

Teresa Snyder: [00:22:39] So, it’s all running concurrently, and you’re hitting all of these fronts at the same time as you’re going through this process. The quality of earnings study could potentially add time to it. It may depend on the complexity of your revenue and expense streams. Again, if the house, if your financial reporting is in order, if your books are current, and they’re accurate, and you’re able to quickly respond to questions, then it’s going to speed up that process. But if you’re asked a question, for instance, to produce an accounts receivable report, and, now, you’ve got to take some time to put one together because you haven’t been maintaining it, those things just keep adding time from the seller’s perspective.

Michael Blake: [00:23:32] Okay. So, one of the things I think, also, a client has to think about, and certainly in the appraisal world, it’s t’s very important because gathering data is the lifeblood of what we do. And, sometimes, I wonder if the client wonders who’s working for whom sometimes.

Teresa Snyder: [00:23:52] That is true.

Michael Blake: [00:23:54] I’ll get 50 questions from me. And, all of a sudden, they find out they have to blow a whole morning, or an afternoon, or sometimes more getting us the data. Does a quality of earnings look like that? And if I’m a client, I’m signing up for this, I’m not just signing up for the money but also the time I got to invest, how much of the client’s time or typically at what level of the organization does that time need to be spent?

Teresa Snyder: [00:24:18] I guess, the answer to that depends on the kind of team that you have in place. So, if you have an accounting and a finance team in your organization, obviously, they’re going to be able to field most of the questions when it comes to quality of earnings study. The owner potentially may need to get involved in terms of explaining some things, but it depends on the quality, and the training, and the experience of the accounting team that that you have.

Michael Blake: [00:24:46] Okay. Now, do you find that the quality of earnings makes a difference in terms of the impression on the parties in the transaction, the advisors in the transaction? Maybe you’re a seller, and you’ve already got a QoE, you’re ready to go, or maybe your buyer, and you want to buy the business, but you still have to get the thing financed. Do other parties appreciate kind of having the quality of earnings report ready to go, done, kind of part of the package, or are they a little maybe a little bit more blasé about that, and they kind of think, “Well, we’ll get to it when we get to it”?

Teresa Snyder: [00:25:21] Like many answers in our business, I think, that depends. Some buyers may not rely on a quality of earnings report that you provide to them. They may want to have their own report commissioned. Sometimes, depending on the complexity and, obviously, the dollar value of the transaction, sometimes, they will want to see national firms conduct the quality of earnings study.

Teresa Snyder: [00:25:48] So, again, it depends. They might read it and decide if they question that report or the credibility of that report. And they may decide to accept it if they’re satisfied with what they see, and it’s consistent with the information that you’re providing. So, that’s hard to say. If you’ve gone through it on your own and in advance of entering into a sales transaction, and you have to go through it a second time, it’s certainly not going to be as painful because you have the information. You know what it is and what they’re looking for.

Michael Blake: [00:26:24] So, another question that kind of comes up, and I see this in my world, sometimes, a client is reluctant to have their business appraised because, then, it can be asked for in the due diligence of the locker to say, “Well, I’m not going to provide that to you.” But on the other hand, it feels like you’re in a poker game, but you have to show the other person your cards-

Teresa Snyder: [00:26:45] Right.

Michael Blake: [00:26:45] … before the bets are in, right. So, that’s a delicate thing that I have to work around on my practice. I’m curious, does that come up on your end to where maybe somebody doesn’t want to do the buyer’s work for them and at their expense and kind of risk exposing anything in advance? Again, is that a reasonable concern to have?

Teresa Snyder: [00:27:09] I guess it could be. I think it depends on how much they know and understand their business, I guess, and, perhaps, what they think the buyer is looking for or might find. Generally, if they’re trying to hide something somewhere it’s going to come out at some level. So, that’s generally not advisable. The buyer, if a buyer commissions a report, which is what we’ve seen historically, they don’t necessarily have to share that information. Now, they may choose to, but they don’t have to share that information with the seller.

Teresa Snyder: [00:27:48] And, again, I think from the seller’s perspective, it’s their option if they want to share that with the buyer. They may want to share it in the hopes that they don’t have to go through the process again or, you know what I mean, it can be very positive information that comes out of that quality of earnings report. And so, it could be to their advantage to share it.

Michael Blake: [00:28:08] There’s certainly something to be said for getting out in front of the entire discussion.

Teresa Snyder: [00:28:14] I think so on many levels. And I think the seller, if they commissioned a quality of earnings study, no matter at what point they are in the process that they would want to share that with their investment bankers because their investment bankers are the ones that are cued up and ready to represent them and help them present their business in its best light and, also, provide advice to them throughout the process.

Michael Blake: [00:28:39] So, running out of time. We got one last question. and I’ll have to wrap it up. And I know, for you, it’s also busy season, so we do want to keep you away from it too long. The deliverable of the quality of earnings report, how is that typically used? Does it kind of automatically get sent out as part of the sales package, as a part of maybe the offering memorandum, or is it kept in the data room for part for the due diligence exercise? How have you most typically seen that used?

Teresa Snyder: [00:29:10] I think that would depend on the investment banker and probably the results of that quality of earnings study and how they might present that. They may decide to take the time, and make some corrections, make some improvements in the business operations, and then update a quality of earnings. I haven’t personally participated in that, but I could conceive of that happening.

Michael Blake: [00:29:37] Okay. So, if someone wants to contact you because we’re running out of time, but somebody who may have other questions, if somebody would like to contact you and learn more about this quality of earnings process whether the buy side or the sell side, how can they reach you?

Teresa Snyder: [00:29:51] Sure. You can find me on our website. That’s bradyware.com. My email is tsnyder@bradyware.com. And, also, my direct line is 678-350-9510.

Michael Blake: [00:30:11] All right. Well, thank you so much. That’s going to wrap it up for today’s program. I’d like to thank Teresa Snyder so much for joining us and sharing her expertise with us. We’ll be exploring a new topic each week. So, please tune is that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us that we can help them. Once again, this is Mike Blake. Our sponsor’s Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, due diligence, earnings sustainability, ebitda, financial statement review, financial statements, legal due diligence, M&A, M&A transaction, merger, Michael Blake, Mike Blake, normalized cash flow, normalized EBITDA, one-time revenue, operations sustainability, quality of earnings, quality of earnings analysis, quality of earnings study, revenue recognition, sustainability, Teresa Snyder, understated expenses

Decision Vision Episode 9: Should I Sue? – An Interview with Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.

April 4, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 9: Should I Sue? – An Interview with Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.
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Jessica Wood and Mike Blake

Should I Sue?

How do you assess the pros and cons of bringing a suit or defending against one? How do you know “when to hold ’em and when to fold ’em?” What’s the best way to work with your attorney in a lawsuit? In this episode of “Decision Vision,” litigator Jessica Wood speaks with host Michael Blake, Director of Brady Ware & Company, on these questions and much more.

Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.

Jessica Wood

Jessica Wood is a Principal with Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C. one of the top 100 Super Lawyers™ in Georgia.  She has won all of her trials in her twenty-four year practice.   Jessica is also known for achieving outstanding results for her clients without going to trial.  She helps individuals (including doctors, lawyers, CPAs, and entrepreneurs) and companies begin, maintain, and end business relationships.  Her advice relates to contracts, employment issues, officer and director duties, and trade secrets.

In addition to practicing law, Jessica teaches law students and attorneys.  She lectures on contract drafting, expert depositions, mindfulness in the practice of law, networking, pro bono work, trial techniques, and wellness. In her free time, Jessica enjoys volunteering, 80s new wave/pop/punk, and compulsive punning.

More on Jessica’s professional affiliations, awards, publications, and representative cases can be found here.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

 

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions, brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’re discussing the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we are talking to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:39] Hi. My name is Mike Blake. And I am your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator and please, also, consider leaving a review of this podcast as well.

Michael Blake: [00:01:06] So, today, we’re going to have the car wreck equivalent of a business conversation, which is about, “Should I sue?” And if you’ve never thought about suing somebody, it means that you have not been in business long enough to have thought about it. It, ultimately, is going to come up. And it’s a lot more complicated than just, sort of, dialing up the phone number of an attorney whose picture you saw on a bus driving by to figure out if that’s a good idea. It’s a very complex decision. There’s a heavy emotional investment, as well as a financial investment in doing it.

Michael Blake: [00:01:48] And, of course, this is not something we can just tell you over the virtual radio, “Hey, you got to go sue somebody.” That doesn’t make any sense. But we can give you some advice from somebody that knows what they’re talking about in terms of thinking through that decision. And, probably, maybe there’s no place for a framework is more helpful because chances are if you want to sue somebody, think you might want to sue somebody, you’re pretty upset. And not many of us make our best decisions when we’re upset

Michael Blake: [00:02:19] And so, having that touchstone, I hope for all of you guys listening, that’s going to be helpful. And to help us through this is a dear friend of mine, Jessica Wood, who is a litigation attorney with Bodker, Ramsey, Andrews, Winograd & Wildstein. Stein or Stein?

Jessica Wood: [00:02:36] Stein.

Michael Blake: [00:02:39] And I’ll say this. I know Jessica. I know a lot of her colleagues as well. And it’s, sort of, hard, I felt like I was picking which one of my children I was going to have on the podcast, I was going to favor.

Jessica Wood: [00:02:50] Are you saying that because I’m so short?

Michael Blake: [00:02:53] Not at all, not at all. I’m definitely not going there. But one of things that impresses me about the firm too is all of your colleagues mentioned all five named partners all the time. Everybody else. There may be 18 partners, only the first two get mentioned. We have this firm in town called Morris, Manning & Martin. Nobody ever here is the Martin. I wonder if there’s a real Martin or not. It’s just everybody says Morris Manning, for example. But you guys all mentioned the five. I think it has something to do with the law firm culture, but I digress.

Michael Blake: [00:03:24] Jessica is one of the top 100 Super Lawyers in Georgia. She’s won all of her trials in her 24-year practice. So, she’s basically the Golden State Warriors of litigation or the Miami Dolphins of the early 1970s that were undefeated. She’s also known for achieving outstanding results for her clients without going to trial. So, this is not something that’s necessarily trying to railroad you into a trial, which is why I wanted to have her on. She helps individuals, including doctors, lawyers, CPAs, and entrepreneurs, and companies begin, maintain, and end business relationships. Her advice relates to contracts, employment issues, office and director duties, and trade secrets.

Michael Blake: [00:04:04] In addition to practicing law, Jessica teaches law students and attorneys. She lectures on contract drafting, expert desk positions, mindfulness in the practice of law, networking, pro bono work, trial techniques and wellness. Jessica also runs a quarterly water cooler event in midtown Atlanta that’s designed to help attorneys build a professional network within the legal profession, focusing on younger attorneys, but also helping older and younger attorneys build mentor-mentee relationships. She enjoys volunteering ’80s new wave punk rock, which explains the orange hair that she walked in with here today and compulsive planning.

Michael Blake: [00:04:43] And on a personal note, I’ve known Jessica for, I think, about 15 years or so. And she’s also been my personal attorney, although I’ve not had used her in the context of a lawsuit. I’ve used her for contract work to make sure that I didn’t get sued. So, I have a healthy respect. And I’m not just an admirer, I’m also a client, as they say. Jessica, welcome to the program.

Jessica Wood: [00:05:07] Thank you for having me. Just one friendly addition to my bio. You, Michael Blake, helped me invent Water Cooler Office Hours. So, thank you.

Michael Blake: [00:05:17] Again, I think you give me too much credit for that, but I’m just going to stop resisting everything and accept it. You’re welcome. I’m awesome. So, we’ll will just move-

Jessica Wood: [00:05:25] I agree.

Michael Blake: [00:05:26] We’ll just agree I’m awesome and move on.

Jessica Wood: [00:05:28] All right.

Michael Blake: [00:05:29] So, you’re undefeated in law. What’s your secret to being undefeated?

Jessica Wood: [00:05:38] Luck and preparation.

Michael Blake: [00:05:39] Yeah, okay.

Jessica Wood: [00:05:39] And it’s really picking the cases to go to trial. You can control the outcome by knowing where the dangers lie.

Michael Blake: [00:05:51] Yeah.

Jessica Wood: [00:05:51] And I coach my clients relentlessly about, “Here are the pros. Here are the cons. Here’s a risk benefits analysis,” so that they — and I love the way you described this podcast. We are on the same team. I’m trying to coach them, so they can make an intelligent decision. And it really depends on what the goal is, what the mission is.

Jessica Wood: [00:06:13] Sometimes, the mission in my life as a litigator, sometimes, the mission is to save a marriage. There’s an inconvenient fact that you do not want your wife to know about. And so, that person is going to be incentivized to not sue or to get out of the lawsuit by settling on reasonable terms. Sometimes, the mission is to teach the other person a lesson, so that they do not commit this business sin that they’ve committed again. Sometimes, the mission is to punish and deter. Sometimes, the mission is to save the company. So, every decision we make, every bit of analysis that we do is around what is that end result that we want to see.

Jessica Wood: [00:07:00] So, a lot of this, I guess — and we’ll get into this as we really jump into the questions here, but is it fair to say a lot of litigation is knowing when to hold and knowing when to fold?

Jessica Wood: [00:07:10] Yes.

Michael Blake: [00:07:11] Right. Because, sometimes, I’ve heard-

Jessica Wood: [00:07:12] To quote of Kenny Rogers, yes.

Michael Blake: [00:07:12] There you go. You can’t go wrong with that, right? So, I miss that punk rock. But there is such a thing as overplaying your hand.

Jessica Wood: [00:07:22] Absolutely.

Michael Blake: [00:07:22] That’s right. It can be irresponsible and can really blow back in your face, right?

Jessica Wood: [00:07:26] Yeah.

Michael Blake: [00:07:26] So, you want to understand, sort of, the certainty of your outcome. So, with that, let’s talk at the very beginning. And the first question I have, I think, really gets to probably the first question, the first call you receive from a potential client. They’re mad, they’re upset, they’re frightened. Maybe some cocktail of all three and plus two other things I can’t think of right now.

Jessica Wood: [00:07:56] Chagrined.

Michael Blake: [00:07:57] At what point — Chagrined, nonplussed.

Jessica Wood: [00:08:00] Yes.

Michael Blake: [00:08:01] At what point does that emotion get converted into a serious discussion about taking this from a garden variety, “I’m mad” kind of, dispute into potentially a court of law?

Jessica Wood: [00:08:16] One approach that I’ve used with some success with clients is telling them, “I want you to sleep well at night. I want this business issue to stop haunting you at a certain point, so that you can go forward and be successful.” People don’t come to see me on a good day. They don’t come in to tell me how well their business is going.

Michael Blake: [00:08:36] That would be weird.

Jessica Wood: [00:08:37] It would be really. I would love it, actually. It would be delightful. So, they’re coming to me on their worst day. A nightmare has occurred. Something awful has happened. Someone may be about to see them, or, as you said, they’re furious. They performed a bunch of work. Someone got what they wanted out of them. And, now, they refuse to pay. And it can be very consequential for small to mid-sized businesses. So, they are, I think, you mentioned the cocktail of emotion. And I think you’re dead on.

Jessica Wood: [00:09:09] And so, I always want people to have to take a deep breath. I always urge them, “Let’s talk. And let’s go away from this, spend the weekend. Go to your child’s dance recital. And then, come back and tell me how you want to do this.” Of course, you always have to look at timing. There is a statute of limitations that may apply. The quickest one is defamation, that’s one year, on up to breach of a written contract, which is six years. So, there’s a lot of time for that anger to cool.

Jessica Wood: [00:09:43] And we also have to look at the life cycle of a lawsuit, which it’s going to be 18 months to two years. I have a case right now in Knoxville that’s been pending for five years, but I’m the defendant, s I’m okay with that.

Michael Blake: [00:09:56] Right.

Jessica Wood: [00:09:58] We can take as long as we need.

Michael Blake: [00:09:59] And so, I think, it’s not by accident that that the honorific of attorneys is often counselor because one thing that you and I have in common, your profession and my profession has in common, is that we are counselors. And I don’t think that’s not what they teach me in business school. I don’t know if they teach that in law school either necessarily.

Jessica Wood: [00:10:24] They don’t, unfortunately.

Michael Blake: [00:10:25] But you do have to have a certain way of managing anxiety and managing emotions to kind of get to the root of the problem and make the problem manageable, right? Is that fair to say?

Jessica Wood: [00:10:36] Yes, yes. We break it up into smaller components. Often, these things are inextricably bound, but there’s a lot of untangling that goes on. And a lot of the times — this bears noting. A lot of the times I have to be cognizant of the fact that a portion of my client’s anger is with themselves. And so, I have to be somewhat deaf and delicate around that. We can’t change the past. So, frequently, I will say to a client, “We can’t change what happened then, but what can we do today? What can we do tomorrow?”

Jessica Wood: [00:11:16] Another question that I ask along the road is, “Do you care about this?” I’m involved in a negotiation right now where it came down to a stapler. It’s not about the stapler.

Michael Blake: [00:11:29] Just not.

Jessica Wood: [00:11:31] The stapler, I don’t think. It’s a proxy for something else. But I will, sometimes, give my clients a little bit of tough love and say, “Okay, you’re paying me X number of dollars an hour. Do you want me to negotiate this stapler deal for you?”

Michael Blake: [00:11:49] Right, in an hour.

Jessica Wood: [00:11:49] And then, they’ll be like, “Wait a minute.”

Michael Blake: [00:11:51] An hour, you could have gone to Office Depot and bought a hundred staplers.

Jessica Wood: [00:11:56] Exactly. Here, take my stapler.

Michael Blake: [00:11:58] So, at what — So, let’s fast forward that a little bit. Let’s say somebody gets through your game. I think it’s worth mentioning that I know that you don’t take every case that comes to the door. I know your colleagues don’t take every case that comes to the door. And I think that’s a sign of a good advisor. But let’s say they meet your standard, that this is (A), a case that is winnable on facts and law; and (B), is worth having the fight about basically.

Jessica Wood: [00:12:29] Right.

Michael Blake: [00:12:31] What does that process look like? And we push that red button. What are the mechanics that process look like?

Jessica Wood: [00:12:39] Well, so, there is something that leads up to the process. I will frequently say to the client, “I want every piece of paper that relates to this. I want every text, I want you to tell me every scary thing. I want you to tell me every embarrassing thing.” And it goes back to what you said about our roles as counselors. We, as humans, want to impress each other. And so, frequently, what can tank a case is what a client does not tell me. And so, I try to be very kind and gentle and say, “There’s no perfect case. If you think there’s something stunning and bad out there, I really, really, really need to see it.”.

Jessica Wood: [00:13:15] Because I can always help a client. I can always do my special brand of legal ninja. And I can handle it live on the record as a surprise, but I can do a lot better if I know about it. So, I’m simply just going to gather up everything. Frequently, I’ll ask my clients to do a narrative for me, and everything in chronological order. That can be enormously helpful because they’re going to bottom line everything even though I’m going to look at the documents behind the narrative.

Jessica Wood: [00:13:46] But it also helps them unburden a little bit. It, also, helps them refresh their recollection. Frequently, clients will say, “As I was typing this 27-page, eight-point font, single-space document for you, I remembered that one time where the bad guy did this thing.” And I, also, always tell them, “We’ve all seen so many police procedurals and TV shows about law firms. They will want to censor themselves and say something like, ‘Well, I can’t tell you about that. It’s hearsay or what have you.'” I’m like, “Don’t you worry. We’ll fix that in the mix. Tell me everything. Don’t worry about whether it’s relevant. You and I will sort that out together.”

Michael Blake: [00:14:32] So, that’s interesting. I was not expecting that answer, which means I’m learning something. Part of that decision process, if you’re going to sue is, are you willing to be vulnerable yourself? And I imagine not just to your counselor but to your representation. But you’re, also, asking that questions because you’re assuming opposing counsel, who is competent, will make the best move available to them, and it’s going to come up and, potentially, on the public record.

Jessica Wood: [00:15:02] That’s correct.

Michael Blake: [00:15:04] So, you had to think long and hard that if push comes to shove, am I willing to have that out there? Winning this case, is the price of having that out there a price I’m willing to pay to win this case?

Jessica Wood: [00:15:21] Yes.

Michael Blake: [00:15:21] And, sometimes, maybe it isn’t.

Jessica Wood: [00:15:23] That’s right.

Michael Blake: [00:15:24] I imagine, right.

Jessica Wood: [00:15:25] That’s right.

Michael Blake: [00:15:26] I mean, have you ever had a client, you say, “You need to know X, Y, and Z,” and they say, “You know what. If I got to disclose that, it’s not worth it”?

Jessica Wood: [00:15:34] Absolutely.

Michael Blake: [00:15:34] Okay.

Jessica Wood: [00:15:35] And the issue that comes up the most frequently would be what I would delicately call a relationship overlap issue where you’re engaged in one marital relationship, but there’s another relationship that occurred simultaneously or a couple of them.

Michael Blake: [00:15:51] An uncomfortable Venn diagram.

Jessica Wood: [00:15:53] Yes, a very uncomfortable Venn diagram.

Michael Blake: [00:15:56] Okay. So, you’re right. A nice segue. So, thank you for that. One of the first things you do is you ask in effect for a data dump.

Jessica Wood: [00:16:05] Yes. yes.

Michael Blake: [00:16:06] Everything on analog paper, digital paper, and otherwise.

Michael Blake: [00:16:09] And texts. How does that-

Jessica Wood: [00:16:10] And Facebook post and social media.

Michael Blake: [00:16:13] All that too, right?

Jessica Wood: [00:16:14] Yeah

Michael Blake: [00:16:14] If it’s out there, it’s out there.

Jessica Wood: [00:16:15] Absolutely.

Michael Blake: [00:16:17] Certainly cheaper, if the client provides it to you, than you have to go scrape it somehow

Jessica Wood: [00:16:21] Yes.

Michael Blake: [00:16:21] So, how does all of that work? I mean, you mentioned police procedurals. Everything I know about the law, I learned from basically NCIS and TJ Hooker because I’m in the tank for William Shatner, and I just admit it. I have a problem, I admit it. But in the real world, how does evidence work? I mean, is everything on the table? What kind of stuff does get excluded. I mean, go through the mechanics of how evidence works in a trial scenario.

Jessica Wood: [00:16:56] Sure. It’s a multi-step process. So, in a lawsuit, there’s going to be a complaint. And then, 20 to 30 days after service, depending on if you’re in state of federal court, there’s going to be a responsive pleading, which could be an answer and could be a counterclaim. So, that’s always something you have to keep in mind. And then, there’s a discovery period. And, again, state versus federal, it’s going to be about four to six months. Frequently, it’s going to get extended because it’s unwieldy, and it takes a long time.

Jessica Wood: [00:17:24] So, everyone is going to exchange documents. They’re going to pose written questions. Then, you’re going to be deposed. So, that’s all of these pieces of paper, they all become evidence, could conceivably become evidence. So, at the discovery stage, you’re not really looking at whether something’s admissible. So, it’s a little more free range. At the trial stage, however, there are going to be many motions filed. They’re called motions in limine. You’re going to file motions to knock out certain evidence because it is irrelevant. That’s a big one. It’s actively harmful and can bias the jury in a way that’s inappropriate.

Jessica Wood: [00:18:09] And so, what comes in and what comes out is going to be up to the judge. I will tell you a very interesting evidentiary issue that’s arisen recently is what do emojis mean? So, we’re seeing more and more. When we think of a contract, we think of something with very formal language, and whereas, and things of that nature drafted by an attorney. Well, most of my messy cases don’t involve that. It’s the old spinal tap. They drew it on a napkin and crayon.

Michael Blake: [00:18:41] Right.

Jessica Wood: [00:18:41] And that leads to problems. Well, now, you might have a contract that’s a series of letters, or emails, or texts. And people are less and less formal in how they communicate. So, what does that winky emoji mean? Does it mean that that’s really the deal or that you were kidding? So, we’re starting to see this show up as an evidentiary issue.

Michael Blake: [00:19:01] That is fascinating.

Jessica Wood: [00:19:02] A very pivotal one, Isn’t it?

Michael Blake: [00:19:04] That is fascinating. So, a thumbs up emoji could be, I guess, construed-

Jessica Wood: [00:19:07] It’s a deal.

Michael Blake: [00:19:08] … as acceptance of a deal, right?

Jessica Wood: [00:19:09] Absolutely.

Michael Blake: [00:19:11] That’s really interesting. So.

Jessica Wood: [00:19:12] So, watch your emojis, people.

Michael Blake: [00:19:14] Yeah. Well, boy. Nothing but smiley faces now or maybe just the straight face actually, just noncommittal. Now, what is a deposition? Not everybody necessarily knows what a deposition is.

Jessica Wood: [00:19:28] All right.

Michael Blake: [00:19:28] And they’re not necessarily the funnest things to go through. So, what is a deposition?

Jessica Wood: [00:19:33] Well, they’re fun for me.

Michael Blake: [00:19:35] It’s more fun if you’re in the driver’s seat, right?

Jessica Wood: [00:19:37] Absolutely. So, in a deposition, it’s a Q&A. You’re going to ask. An attorney’s going to ask questions. And then, the deponent is going to answer those questions. And the deponent is going to be seated right next to their attorney. And the attorney may object as to form. But like I said, it’s going to be pretty free range. Mostly anything goes. So, truly, you’re trying to figure everything out and get to the essential facts of the case. And they may ask something that is impertinent or improper, but you’re rarely going to see an objection that’s going to stick. Typically, the client is going to have to answer.

Jessica Wood: [00:20:20] So, this is where you start getting nervous in a lawsuit, if there’s something that’s got to be — something unsavory that has to be unpacked.

Michael Blake: [00:20:27] Okay.

Jessica Wood: [00:20:29] And it might be audiotape. There’s going to be a court stenographer there. It may be audiotaped. And then, it’s ultimately going to be transcribed. And it might be videotaped and shown to the jury. So, if it’s videotaped, and my client is going to be videotaped, I’m obviously going to prepare them for that and videotape them beforehand. We all have weird facial tics.

Michael Blake: [00:20:51] We do.

Jessica Wood: [00:20:53] And some of us may have an aspect to our personality where the outside doesn’t match the inside, and where your credibility could be called into question even though you’re telling the truth. But you’re so nervous, it appears that you are not being truthful. And the opposite is also true. I’ve seen some very smooth operators in my day.

Michael Blake: [00:21:15] We all do.

Jessica Wood: [00:21:16] They are absolutely not telling the truth, but if you’re looking at their micro expressions, and you’re listening to them, and you’re watching their body language, they appear to be truthful.

Michael Blake: [00:21:27] So, at what point then or what are the most common reasons where you look at this whole process, you look at what the client is telling you, saying, “You know what, don’t sue. This is not going to help anybody. I don’t want to take your money.” What kinds of things typically leads you to that advice?

Jessica Wood: [00:21:47] What’s going to lead me to that advice is a client who has never been in a lawsuit before, and a client who does not seem to understand my warnings, doesn’t understand — when a client says it’s about the principle, that is never about the principle. It’s about something else. When a client wants a victory that to me seems unseemly, or inappropriate, or something I’m not going to sign up for, I’m going to show them the door. If someone walks in and says, “It’s not enough for me to win. The other guy’s got to lose, and he’s got to be humiliated-

Michael Blake: [00:22:26] He’s got to be scorch to earth.

Jessica Wood: [00:22:27] … in front of the world.” I’m not going to do that.

Michael Blake: [00:22:31] Why?

Jessica Wood: [00:22:32] I find it wildly inappropriate. It will take a portion of my soul that I’m not willing to give. And that’s just not how I’m going to do business. And not for nothing. It’s destined to blow up in everyone’s face. It’s just not an appropriate mission statement in my view.

Michael Blake: [00:22:51] Now, I want to pause on that and kind of go off a script. So, I think that’s a really important discussion point because one thing that I have observed in the litigation process, the few times that I’ve been involved, is clients will sometimes be frustrated because they don’t think that their counsel is mad enough basically, right. And then, like, “You know I’m right. Why aren’t you pissed off about this whole thing? Why don’t you leaping across and ripping out their throat and so forth?” Why is it not a good idea to have your counsel get swept up in that?

Jessica Wood: [00:23:31] I have a saying, “A mad attorney is a bad attorney.” The calmest person in the room is the person in the catbird seat. So, actually, I would think the opposite. I would want my attorney to be very calm, cool, collected, and poised because they know something that everyone else in the room is about to find out; that they’re really, really good; that they’ve got good facts; that they have marshaled for their client; and that they’ve got solid case law. So, I don’t believe that yelly attorneys are good. And when I find one on the opposite side, I actually know instantly that they do not have what it takes.

Michael Blake: [00:24:12] Well, that makes sense. To me, I always advise my clients, no matter how mad you are on the outside and the inside, always be the adult in the room-

Jessica Wood: [00:24:24] Absolutely.

Michael Blake: [00:24:24] … on the outside because, at some point, somebody outside maybe determining your fate. And in my experience, it does not impress a trier of fact to have somebody that’s just a blow hard or your stack bully kind of personality.

Jessica Wood: [00:24:41] Not only that, it may infuriate the judge, it may infuriate the jurors, it might infuriate the bailiff, or the court stenographer in the courtroom. You can make a lot of enemies really, really fast by engaging that kind of vituperative behavior. Honestly, I’ve never seen it serve anyone. And when I do see it, I just sit back because I know I’m winning-

Michael Blake: [00:25:08] Yeah.

Jessica Wood: [00:25:08] … when that happens.

Michael Blake: [00:25:08] That’s right. Nobody gets upset because they’re winning so much, right?

Jessica Wood: [00:25:13] Exactly, exactly. It’s fear based, right? Someone feels insecure, or that is — or they’ve been bullied, and this is how they walk around in the world, which must be very exhausting. And I’m sorry for them. but I’ve never seen it gain an advantage for a client. Now, passion, yes. I am passionate in the courtroom. I take umbrage at things, but I just do it in a quieter way.

Jessica Wood: [00:25:39] And I should also say, attorneys come in all shapes and sizes. We all have our own level of emotional intelligence, and our own skill sets, and our own personalities. And I think we should bring our personalities to the table, whatever that looks like. A lot of people when they see me, I’m diminutive, I’m kind, I offer people snacks and coffee. And, sometimes, they think I’m a human marshmallow. and they find out very quickly that that’s incorrect.

Michael Blake: [00:26:14] You’re just luring them into the trap.

Jessica Wood: [00:26:15] I am, absolutely. Come hit her.

Michael Blake: [00:26:19] So, a question almost any client is going to come to the table with, and one of the sources of their anxiety frankly, and I know you encountered this is, can they afford justice? It’s one thing to have a problem you’d like to have solve. It’s another thing to be able to have the financial wherewithal to solve it. And going into a judicial process ain’t cheap, right? A friend of mine years ago told me it’s expensive to be mad. That’s just kind of all there is to it.

Jessica Wood: [00:26:50] Absolutely, it’s the most expensive anger you can feel. You’re better off axe-throwing.

Michael Blake: [00:26:56] Right.

Jessica Wood: [00:26:57] I think that’s like $30 per hour.

Michael Blake: [00:26:59] Not at people.

Jessica Wood: [00:26:59] Not at people.

Michael Blake: [00:27:00] Wooden targets or, at least, something, right?

Jessica Wood: [00:27:02] At a target.

Michael Blake: [00:27:05] Do you play a role in helping a client understand that? And maybe there are times when a client does need to financially extend themselves because of the benefit on the other end of the rainbow. And in that conversation, does that add extra pressure on you knowing that the client is extending themselves because they’re literally putting their faith and some of their financial stability in your hands to produce that outcome a year or two down the road? Am I making sense?

Jessica Wood: [00:27:34] You are making total sense.

Michael Blake: [00:27:35] So, how do you navigate that?

Jessica Wood: [00:27:37] So, we would have a budget. Frequently, we blow past it. It’s just like construction, right. It’s going to take twice the amount of money as predicted and three times the length of time, right? It’s always going to blow past that. Going back to a question you asked earlier about when would I show a client the door. If a client told me that they were going into their children’s college fund, I’m not going to do that. I’m just not. They’re going to be enraged. They aren’t going to get what they want. And I don’t think that’s a good use of their money.

Michael Blake: [00:28:11] And that’s not so much you don’t have faith in winning the case. You just don’t think that’s a good idea for the client.

Jessica Wood: [00:28:17] Yes. I think it’s a wretched idea because you could lose. You could lose. You could wind up paying your attorney’s fees and the other side’s attorney’s fees. So, what I would do at the beginning of a case would be to sit down and, sort of, project out how much will this cost. Are there less expensive alternatives?

Jessica Wood: [00:28:35] Frequently, even before suit is filed, I’ll want to go into a mediation or perhaps sit down and talk with the other side. It won’t hurt. It might help. But yeah, we’re going to have a very careful conversation about money because it’s going to be — the other thing is there’s no economy of scale. I will do almost these identical actions for a suit over $5000 as a $5 million case. You still have to have the depositions, you still have to file a complaint. So, you still have to do all this work. So, we really have to look at the scale.

Michael Blake: [00:29:10] That’s somewhat of my line of work. It costs as much or, sometimes, even more for me to appraise a pre-revenue startup than it would to appraise a $100 million publicly-traded company.

Jessica Wood: [00:29:26] Exactly.

Michael Blake: [00:29:26] And it’s not the scale. It’s just that the diligence and do-care required doesn’t vary depending on the size of the matter. It’s just you either do it right or you don’t do it right. End of discussion, right.

Jessica Wood: [00:29:39] Absolutely. Now, there might be a $5000 case I would take if my client walked in the door, if my client was a corporation, and had a lot of money, and the client said, “We need the word out on the street that we don’t put up with this kind of behavior. You will get sued, and it will be painful for you.” Something like that. That’s a noble cause, and that’s a good use of money. Frequently, I actually send my client to their tax advisor, whether it’s an individual or a corporation, our attorneys fee is going to be deductible. And what are the tax ramifications of what you may have to pay for a claim or a counterclaim?

Michael Blake: [00:30:18] Okay. Now, what about contingency fees? We all hear about attorneys that will take a case on a contingency fee. One, I mean, does that happen, or is that urban legends like roving bands of surgeons that steal kidneys when you’re drunk and dump you in a bathtub, or does it only happen in certain areas of law like personal injury? Talk a little bit about that. Is that a realistic expectation in a commercial civil litigation context?

Jessica Wood: [00:30:47] It is. It is a rare attorney who will do them. And I’ll tell you when they might be inclined to do them. So, if you have a vanilla breach of contract, you can get compensation for the breach, and you can get attorney’s fees and expenses. But to get the numbers really pumped up, to get punitive damages, you cannot get punitives on a breach of contract. You can on a tort. So, a tort might be tortuous interference with a business prospect, or it might be defamation, or it might be trespass, something of that ilk. Assault, battery-

Michael Blake: [00:31:22] Fraud.

Jessica Wood: [00:31:23] … fraud. All of these can be torts. So, you could have fraud in a director officer case for example. So, you might be able to find an attorney who would take something involving fraud on a contingency because the punitives are going to be in an amount to punish and deter. They aren’t going to be somewhat tied to the worldly circumstances of the defendant. So, you might be able to find someone to do that.

Jessica Wood: [00:31:47] The incentives are going to be a little bit different in terms of how that attorney is going to behave. They may be in a bigger hurry. They may really want to settle for some certain. They may be super aggressive because they want to get it in, or they want to get to trial by the end of the year, if that’s possible. But I’ve also seen cases where the other side, I suspected they were on a contingency fee basis, and they were not pushing hard at all, perhaps, because they had too much going on.

Jessica Wood: [00:32:17] So, it’s difficult to predict what kind of business incentives they’re going to be when you have a contingency fee attorney. But they are very, very rare, I can tell you that. Contingency fees are more common in personal injury.

Michael Blake: [00:32:31] Now, we’re talking about-

Jessica Wood: [00:32:34] And plaintiffs. Sorry to interrupt. Plaintiff’s employment, those are frequently done on a contingency.

Michael Blake: [00:32:41] Right, okay, yeah.

Jessica Wood: [00:32:42] Which makes sense, you’ve just lost your job. You don’t have any money for attorney’s fees.

Michael Blake: [00:32:45] Right, right. Okay. So, switching gears just a little bit. I think, there’s a conception or concept that if we are suing somebody, then this automatically is going to end up in court at some point. Is that true? How many of these cases actually make it in front of a judge and a jury?

Jessica Wood: [00:33:11] Very few. So, first of all, I would want to look at the contract to see, is there an arbitration provision? So, arbitration is basically, you’re going to pay the judge in your case. You’re not going to have a jury. It’s going to be swifter and more expensive because instead of your tax dollars paying the judge, you’re paying the arbitrator or arbitrators per hour.

Michael Blake: [00:33:32] That can be more than one.

Jessica Wood: [00:33:33] Yes. I once had an arbitration where he had — the deal was if the two sides couldn’t agree on an arbitrator, and, of course, they could not, each one would choose an arbitrator. And those two would choose a third arbitrator. And all three arbitrators would hear the case. And that is what we did.

Michael Blake: [00:33:50] Wow.

Jessica Wood: [00:33:50] Yeah.

Michael Blake: [00:33:51] That’s a fast running meter.

Jessica Wood: [00:33:53] Oh my gosh, yes. And we won. Thank goodness. But it was very, very expensive. But I’ll tell you this, the arbitrators, when you’re paying an arbitrator, they’re going to read every word, you’re going to brief the issues before you walk into court. It’s a little bit wild west-ish in terms of evidence because they know what they should pay attention to and what they shouldn’t.

Jessica Wood: [00:34:15] So, the first, the threshold question is going to be, do you have an arbitration provision? Then, the next question is going to be, is it enforceable? Otherwise, it is a long road to justice. As I said, it can be 18 months, 24 months, five years. So, you are going to wind up in court along the way perhaps for hearings or a status conference. But to get to trial, it takes a long time. Frequently, the judges will order you to mediation because you have to look at what — The judge is trying to be efficient with these public funds. They’re trying to get cases off their calendar. And so, there’s big incentive to settle.

Michael Blake: [00:34:57] Yeah. I want to ask you about that, in fact. So, I am familiar with the fact that judges want to — they do want to get it off their calendar, and mediation is often a step. Have you found mediation frequently to be effective?

Jessica Wood: [00:35:11] Yes.

Michael Blake: [00:35:11] Really?

Jessica Wood: [00:35:13] I have a 100% — there’s an asterisk here. for sports fans.

Michael Blake: [00:35:21] You did steroids?

Jessica Wood: [00:35:21] Yes, I did steroids. No, I used my whole anger to get through it. I have a 100% success rate in mediations. The asterisk is it doesn’t always settle that day. But it’s like, you know how you’re trying to open up a peanut butter jar, and you’re not successful, and you have to hand it to somebody else? It’s like that. You’re going to loosen things up a little bit. You’re also — not for nothing, you’re going to get free discovery. You’re going to learn something that you don’t know by the end of the day.

Jessica Wood: [00:35:52] And, frequently, going back to your question about anger-fueling litigation, there are other ways to feel like you’ve been heard, and you’ve had your day in court than actually going to trial. Mediation, I think, is a great way to do it. Frequently, you’re going to be in front of someone who’s a current judge, who you’ve hired, or a retired judge, or a litigator with years or decades of experience. And they’re going to sit down and listen to you. I’ve had things wind up at 2:00 in the morning. You’re going to spend a very long day, but your client can bring up things that you don’t feel are — perhaps, aren’t relevant in the case but are important to the client.

Michael Blake: [00:36:36] And so, there’s a-

Jessica Wood: [00:36:37] Going back to the stapler-

Michael Blake: [00:36:37] … cathartic element.

Jessica Wood: [00:36:38] Going back to the stapler. The gosh darn stapler. I’m so furious about the stapler.

Michael Blake: [00:36:43] I’m never going to look at a stapler the same way now. I’m going to have issues with stapling. In fact, I may have stapled my last thing. It’s all going to be paper clips and thumbtacks from now on.

Jessica Wood: [00:36:53] There’s always a stapler in every case. I have a case right now where there’s a stapler. I mediated a case to a successful conclusion a couple of months ago. And it was all about the social media of a non-human animal. That was the most important issue. So, you never know, but there’s some version of a stapler in every case.

Michael Blake: [00:37:17] Okay.

Jessica Wood: [00:37:17] But it’s rosebud, right?

Michael Blake: [00:37:19] Yeah. That’s right.

Jessica Wood: [00:37:19] It has meaning. It has meaning to the client, and I’m not going to look askance at that.

Michael Blake: [00:37:25] Sure.

Jessica Wood: [00:37:25] I must respect it.

Michael Blake: [00:37:27] Well, it’s part of the fact pattern at the end of the day, right?

Jessica Wood: [00:37:30] Absolutely, yes.

Michael Blake: [00:37:33] So, it wouldn’t be the way I ran a railroad, but it’s not my railroad.

Jessica Wood: [00:37:35] Exactly.

Michael Blake: [00:37:36] So, I got time for a couple. I could have a two-hour conversation with you on this, but I can’t afford your rate. So, I’ve only got time and budget for another couple of questions. But one question I do want to ask is, at a high level, what is the best way a client can maximize your value to them? How does a client make sure you’re in the position to be most successful for them?

Jessica Wood: [00:38:03] That’s a great question. Give me everything at the front end or as much as you can, partner with me, collaborate with me on coming up with your narrative, be available. That’s another thing that we haven’t talked about. Once you file a lawsuit, you can be held into court at any moment. And the court does not care if you’re on spring break with your children. So, that’s another thing. You’re giving up time, but you might be giving up something intensely personal as well.

Jessica Wood: [00:38:36] I want my clients to be responsive, to get back to me quickly. In general, I want to get some forward momentum on a case. There are rare times where I will ask my client, do you want me to refrain from acting? Do we want to just hang out and see what the other side’s going to do? So, there are appropriate times for silence and not doing anything. But, in general, I just need the client to be available to me. I have clients who I will pose a pivotal question, or the other side will ask them for when can we have deposition dates, and they will become [monstrous]. That’s a client I’m going to fire.

Michael Blake: [00:39:12] Okay. There are lots of people out there who do what you do. Same with me. There’s people out there who do what I do. And as you said, all attorneys are different. They bring their different strengths and weaknesses to the table. Somebody decides they want to have that conversation, and they need to kind of pick the right representation for them, what are the two or three things you think are the most important or the, kind of, due diligence points that that potential client should be doing on their own end?

Jessica Wood: [00:39:48] So, most of my clients are sophisticated business people. Either individual C-suite level, doctors, lawyers, or on the corporate side, very good at what they do. I would say that they should ask around. That’s the best way to find — a lot of people find me through two completely different people. That always makes me feel really good when that happens. But they should ask around, and they need to hear horror stories, and they need to hear success stories. I think that’s the due diligence.

Jessica Wood: [00:40:19] You can’t really look up a win/loss record. You would actually have to talk to the attorney about that. I mean, I’m sure you could go to the Northern District of Georgia or Fulton County and look up what cases they’ve dealt with but ask the attorney. And a win/loss rate isn’t everything because, sometimes — or as I’d like to put it, coming in second place because that’s what happens at trials sometimes.

Michael Blake: [00:40:41] And there’s that human element, right?

Jessica Wood: [00:40:44] Yes.

Michael Blake: [00:40:44] You don’t know what kind of judge and jury you’re going to get, and the client may sandbag you by withholding material information.

Jessica Wood: [00:40:52] Right.

Michael Blake: [00:40:52] And you can play a great game basically and still lose. That’s just the way it works.

Jessica Wood: [00:40:58] Absolutely. So, to quote Depeche Mode, “Everything counts in large amounts.” So, it’s a little bit your likability on the stand. It’s a little bit how good is your attorney. It’s a little bit what are the facts of the case, how did the court rule on whether certain evidence should come in or be left out. So, there are many, many ingredients that go into a success or going into second place.

Jessica Wood: [00:41:24] Just because you go into second place doesn’t mean that you’re an abject failure. And just because you win doesn’t mean you really won. There are appeals that can be had. I had one case where — and I told my client this. I said he’s going to file for bankruptcy if we win. He said, no, he would never do that. His pride won’t allow him. Guess what happened, spoiler alert. So, my client got a sheet of paper that said, “You won, and you’re awesome. Here’s $1.1 million.” But then, my client had to chase this guy for another two years to get a fraction of that. So, you can win without winning.

Michael Blake: [00:42:01] Yeah.

Jessica Wood: [00:42:01] You can lose without losing. You can also win too hard. There are times where you have an early victory, perhaps, at an evidentiary hearing, or you humiliate the other side intentionally in a deposition. And then, that person’s ego becomes so fragile and so involved that they then make the decision to crush your client. So, you have to be deaf at all times, and you have to think everything through. Every single step comes with a consequence. And so, I’m always careful to avoid blow back.

Michael Blake: [00:42:42] So, I can’t do any better ending an interview than with a Depeche Mode quote. So, I’m not going to try. I don’t have it in me. If somebody wants to learn more about this topic, if they want to learn more about Depeche Mode, or they just have a great pun they want to share with you, how do they get in contact with you?

Jessica Wood: [00:43:07] Well, they can call me. I actually pick up my phone.

Michael Blake: [00:43:09] You do?

Jessica Wood: [00:43:09] I absolutely do. I know, unless I’m on a deadline, in which case I’m going to ignore the call and get back to you. But typically, I’m going to pick up the phone. So, they can call me on my direct line, which is 404-564-7409, or they can email me at jwood@brawwlaw.com. They can look at my website, and read more about my bio, and read more about the kinds of litigation that I’ve done.

Michael Blake: [00:43:40] All right. Well, that’s going to wrap it up for today’s program. I’d like to thank Jessica Wood so much for joining us and sharing her expertise with us. We’ll be exploring a new topic each week, so please tune in, so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor’s Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: contingency fees, data dump, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, deposition, discovery, due diligence, emojis, fraud, lawsuit, legal evidence, mediation, Michael Blake, Mike Blake, pleading, settlement, Super Lawyer, Super Lawyers in Georgia, tort, trade secrets

Decision Vision Episode 8: Should I Hire a Recruiter? – An Interview with Joanna Cheng, Creative Financial Staffing (CFS)

March 28, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 8: Should I Hire a Recruiter? – An Interview with Joanna Cheng, Creative Financial Staffing (CFS)
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Joanna Cheng, Creative Financial Staffing (CFS), and Mike Blake, Host of “Decision Vision”

Should I Hire a Recruiter?

Should I hire a recruiter? What’s the best way to work with a recruiter? Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Joanna Cheng on these questions and much more in this edition of Decision Vision.

Joanna Cheng, Managing Director and Branch Manager, Creative Financial Staffing (CFS)

Joanna Cheng, Creative Financial Staffing (CFS)

Joanna Cheng is a Managing Director and Branch Manager with Creative Financial Staffing (CFS). CFS is a leading, employee-owned accounting and financial staffing firm—the largest one founded by CPA firms. With more than two decades of experience helping companies locate, attract and hire exceptional accounting & finance professionals, CFS has unique resources to better understand hiring needs, attract higher-caliber candidates and assess candidate potential. Established in 1994, CFS today operates 30+ offices across 21 states and the Caribbean. Serving most major U.S. markets and beyond, CFS connects companies with candidates, from entry-level to executive level, temporary to direct hire and project support to interim management.

CFS has twice been named to Forbes’ list of “Best Professional Recruiting Firms” and twice cited by LinkedIn as one of the “Most Socially Engaged Staffing Agencies.”

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] Welcome to Decision Vision, a podcast series focusing on critical business decisions brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:39] My name is Mike Blake, and I’m your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:05] So, today, our discussion is going to be about whether to work with a recruiter when hiring new employees. And talent acquisition is a funny topic because we deal with human beings. And human beings are, for the most part, the most unpredictable things on the planet. And you don’t know necessarily what you’re going to get when you’re hiring. You don’t even know what you’re going to get when you get through the interview process. I mean, you pick a resume, you don’t even know what’s going to show up and walk through that door.

Michael Blake: [00:01:38] And in an environment now, we have some 4% unemployment and talent is not exactly growing on trees. And if you live in the Atlanta area, you can see that just by the traffic that’s in the area. You know that everybody is back to work because it, now, takes about an hour to get from [Chamblee] to Alpharetta. Talent is hard to find. But the question is you can, of course, go to the route where you can try to find talent “for free,” and we’ll find out just how free free actually is, or you can pay for help.

Michael Blake: [00:02:10] And here to help us with that conversation is my good friend, my pal, Joanna Cheng, who is Managing Partner and Branch Manager of Creative Financial Staffing in Atlanta. Prior to joining CFS, she worked for an Atlanta CPA firm in the audit practice for seven years. So, she’s a recovering CPA just like I’m a recovering investment banker and venture capitalist. She holds a bachelor’s degree from Kennesaw State University and is an avid adventure racer. I hope I’m saying that right.

Michael Blake: [00:02:40] CFS is the leading employee-owned accounting and financial staffing firm, the largest one founded by CPA firms. With more than two decades of experience helping companies locate, attract, and hire exceptional accounting and finance professionals, CFS has unique resources to better understand hiring needs, attract higher caliber candidates, and assess candidate potential.

Michael Blake: [00:02:59] Established in 1994, CFS today operates over 30 offices across 21 states and the Caribbean. Serving most major US markets and beyond, CFS connects companies with candidates from entry level to executive level, temporary to direct hire, and project support to intern management. CFS has twice been named to Forbes List of Best Professional Recruiting Firms and twice cited by LinkedIn as one of the most socially-engaged staffing agencies. And with that, my pal, Joanna Cheng. Joanna, thanks for coming in.

Joanna Cheng: [00:03:31] Thanks, Mike, for having me.

Michael Blake: [00:03:35] So, I got to ask this first. You have an office in the Caribbean. I mean, that’s just a front for like resort staff, or does one of your owners live in the Caribbean, and that’s how they sort of minimize their taxes?

Joanna Cheng: [00:03:47] We have an office in Puerto Rico, and it’s actually a pretty robust practice.

Michael Blake: [00:03:51] Okay.

Joanna Cheng: [00:03:51] Even in the light of recent events.

Michael Blake: [00:03:54] In light of the fact that island destroyed a year ago.

Joanna Cheng: [00:03:56] Yeah, there were interests, yeah.

Michael Blake: [00:03:58] So, that is a robust practice. That’s interesting.

Joanna Cheng: [00:04:02] Well, I mean, I think, as of late, they’ve had some struggles. But, again, from a temporary staffing perspective, there certainly continues to be a need for people to kind of fill the gaps.

Michael Blake: [00:04:12] Yeah, okay. That’s interesting. I would not have guessed that. So, I mean, I’ve given out, sort of, your name, rank, and serial number. You’re at CFS. You’ve been there. I think you’ve been there as long as I’ve known you. I’m not sure that I knew you when you’re an accountant, maybe for six months.

Joanna Cheng: [00:04:29] I don’t know. I left public accounting at the end of 2011. Joined CFS beginning of 2013. So-

Michael Blake: [00:04:38] Okay. So, there’s a couple of year overlap actually but-

Joanna Cheng: [00:04:40] Yeah, six years now at CFS officially.

Michael Blake: [00:04:42] But they locked me down the sixth floor of the building, so they didn’t let me out much.

Joanna Cheng: [00:04:46] Exactly. We are probably like ships in the night.

Michael Blake: [00:04:49] Yes. It’s ships in the night that were locked and never allowed to see one another.

Joanna Cheng: [00:04:53] Just like when I was an audit. It’s funny because I was gone for a year from the firm, and when I came back people, I’d run into people, and they’d say, “Oh, I haven’t seen you for a while. Have you been in out in the field?” And I’m like, “Yeah. I’ve actually not worked here for a year, but I’m back.”

Michael Blake: [00:05:07] And thanks for noticing.

Joanna Cheng: [00:05:10] It’s like I just took a hiatus.

Michael Blake: [00:05:11] A walkabout.

Joanna Cheng: [00:05:13] Right. I was just very long on it.

Michael Blake: [00:05:15] A self-audit, maybe you can call it that. So, what do you do at CFS? I mean, it sounds like you’re basically the Grand Poobah, the head honcho, the big cheese. Is that fair, at least, for the Atlanta office?

Joanna Cheng: [00:05:28] Right, queen of middle management here in Atlanta.

Michael Blake: [00:05:30] Queen of middle management.

Joanna Cheng: [00:05:31] Yeah.

Michael Blake: [00:05:31] Okay. Your highness.

Joanna Cheng: [00:05:31] I run the Atlanta office for CFS. We’re a national firm. And so, I manage a team of recruiters. And we are able to help on a temporary or direct hire basis, kind of, at any level, as long as it relates to accounting and finance within the middle market.

Michael Blake: [00:05:49] And how many people do you have on your staff right no?

Joanna Cheng: [00:05:51] We have four. We’re a team of five.

Michael Blake: [00:05:53] Okay, team of five. So, as I said, you’re a recovering CPA as I’m a recovering investment banker, et cetera, et cetera, recovering adult. What made you make that jump? When did you wake up one day and said, “Yeah, I just can’t count stuff anymore. I’ve got to go be me.”

Joanna Cheng: [00:06:11] It was really by happenstance. I think, like many people who come out of public accounting or start to look around, I didn’t really know what I wanted to do. I didn’t know what the next move was. So, I reached out to some recruiters, had some less-than-great experiences. I met one in particular that had a similar background to mine, had gone up the ranks in public accounting, gone into recruiting, was successful, opened up an office, and needed her first-time employee.

Joanna Cheng: [00:06:50] So, it was just something I decided try for a year. I mean, I think, from the things I enjoyed the most about being in professional services was the networking aspect, the relationship aspect, the adding value, and, of course, being a profit center versus a call center. So, I thought-

Michael Blake: [00:07:08] Boy, that’s huge.

Joanna Cheng: [00:07:08] Yeah. I thought recruiting could kind of be a good segue into that. And worst thing that could happen is go back and do accounting. So, some years later-

Michael Blake: [00:07:18] Which isn’t so bad.

Joanna Cheng: [00:07:19] Right. Seven years later, it seems to be working out.

Michael Blake: [00:07:23] I guess, it’s worked. Yeah. I mean, you’re still gainfully employed, productive member of society, and we haven’t had to bust you out of jail.

Joanna Cheng: [00:07:29] Yeah, not yet, yeah.

Michael Blake: [00:07:29] So, not yet. So, so far, so good. So, you mentioned you had some experience with recruiters that weren’t so awesome. I think you mentioned that.

Joanna Cheng: [00:07:40] Yeah.

Michael Blake: [00:07:40] What’s an example of that when you’ve had a bad experience yourself?

Joanna Cheng: [00:07:44] Well, it’s interesting. So, for instance, one of the — part of our process that CFS is we prefer to meet with our candidates in person, just like we like to go on site to our clients, just so we can get a really good 360 feel for the person, and the opportunity, and find that good fit. So, even before I went into recruiting, I mean, I wanted to meet people. I don’t like just virtually knowing people. I feel like I’m best face-to-face. It was just really interesting to me.

Joanna Cheng: [00:08:18] I talked to this recruiter that was referred to me, and it was a great conversation. But, by the end of it, I asked, “Oh, yes. We should meet for coffee. You should probably meet me, make sure I’ve two eyes, and off of my limbs, and yeah.” I mean, he said no, and it was just — I didn’t really know what to think about it because I felt like I couldn’t really adequately work with someone that I had never met in person, especially for such a big decision, which was a possibly career change and change of industry. Experiences like that made me think like, “There’s just got to be a better way.”

Michael Blake: [00:08:56] Yeah. I mean, it’s not like it’s a multi-level marketing scheme. It’s a serious professional position. And in what you do, every time you recommend a hire to a client, I mean, your reputation is big time on the line with that, isn’t it?

Joanna Cheng: [00:09:14] Yeah.

Michael Blake: [00:09:14] So, how you could go into that, how you could get behind somebody, and put that cloud without meeting the candidate, I’m no recruiter, but I don’t see how I could do that either.

Joanna Cheng: [00:09:24] Yeah, exactly. We’ve done hiring together in our past lives. And, yeah, I think it’s just — We don’t sell paper. And I always say that. And I don’t know if that really resonates. I think that’s a common stereotype among recruiters, and we just throw a bunch of things out there, and we just hope and pray that one of them makes us money. But I mean, there are people behind these pieces of paper. And I’ve seen the best of candidates with the worst resumes. I’ve seen pretty terrible people with really outstanding resumes. That’s part of the sniff test. That’s why we charge for our services. That’s why we have value, and yeah.

Joanna Cheng: [00:10:05] So, along with that, I also worked with a number of recruiters that provided jobs that were clearly not a match for my background. And so, again, I just kept thinking like, “This doesn’t even make sense.” This is not a, “Hey, I need a job. Here’s a job. You want this job?” I mean, it just didn’t make any sense to me. I kept thinking, “Are you even listening to me?” And, of course, I never met these people. So, I mean, I’m like, “Well, you honestly don’t know me from the next person.” So, yeah. So, I think, probably naively, going into recruiting, I thought I can make that just a better experience for people.

Michael Blake: [00:10:47] So, in your opinion, why do you think your clients hire you?

Joanna Cheng: [00:10:54] Really, I wish I knew the answer to that. If there was a concrete answer, I would package it and sell it. Prospecting would be so easy.

Michael Blake: [00:11:02] Well, how about this? How about instead of you, because I know you have a humble streak that we will try to break down and destroy over the course of this podcast. But until we get there, why do people hire you as a profession? Why do they hire somebody like you?

Joanna Cheng: [00:11:20] Well, initially, I think it’s typically out of need. But outside of that, I will say that, just like anything else, whether it’s audit, valuation, services, recruiting, people do business with people they like. I mean, that’s something that’s very important to me is to develop sincere relationships with people and to understand people’s businesses.

Joanna Cheng: [00:11:41] Hopefully, I think, my background is helpful in some sense and really understanding accounting and finance, and what that means to your company for specific positions, but yeah. I mean, it’s either that or my sparkling personality. I mean, I think.

Michael Blake: [00:11:58] I’m sure it’s a healthy combination of the two. But a thought occurred. I’m going to go off the script a little bit but not too far. It’s that, in one respect, what you and I do is very much alike is that I put together merger and acquisition transactions, and you put together talent acquisition transactions.

Michael Blake: [00:12:19] And in what I do, the reason my clients hired me, I think, is because they either have never been through a transaction, or they do it very rarely, right. And the chances are good the other person on the side of that table has done many transactions, okay. And so, they’re hiring me to kind of leverage the expertise of, say, the 200 transactions I’ve done into the one that they’ve done, right.

Michael Blake: [00:12:45] In your world, correct me if I’m wrong, but I think that, hopefully, they’re not hiring all that often for the same position. If they are, that’s a different issue if it’s a merry go round, right. But in an ideal world, you’re maybe hiring once a year, once every couple of years, or maybe once every few months if you’re growing like gangbusters, but that’s still different from somebody whose job it is to hire people 24/7 or place people to be hired 24/7, right?

Joanna Cheng: [00:13:16] Yes.

Michael Blake: [00:13:16] There’s a big advantage to having that expertise and experience in that discussion, isn’t there?

Joanna Cheng: [00:13:24] Well, absolutely. I mean, it’s what we do day in and day out. And I think that’s what the advantage is. I mean, we’re talking to people, we’re talking to companies where we have like the pulse on talent. We can see what’s available, what’s not. And, again, I think, CFS, one thing that we really emphasize is being consultative. I mean, this is, hopefully, not just a transaction. I mean, this is so important to your business. I mean, finding the right controller. And when I say right controller, I mean not someone who understands accounting can do the job. It’s someone who can help your business go from A to Z or wherever it is that you want to go that you like and that likes you.

Joanna Cheng: [00:14:02] I mean, that’s the magic, right. That’s what you can’t see from the paper. That’s what you can’t see from an online application. And I think that’s a fallacy that creates the need quite honestly. People have these experiences. We did it ourselves. We found this person. They were perfect on paper. They’re perfect in the interview. They showed up, and they were crazy.

Michael Blake: [00:14:23] Right.

Joanna Cheng: [00:14:24] Yeah? And you go, “Well, we hear that story all the time.”

Michael Blake: [00:14:26] Because they don’t say on the resume interests and crazy.

Joanna Cheng: [00:14:30] Right.

Michael Blake: [00:14:30] Right? It doesn’t show up, right? And-.

Joanna Cheng: [00:14:32] Their representative was like, “Let’s keep that.”

Michael Blake: [00:14:36] It’s on the down low.

Joanna Cheng: [00:14:36] Yeah, yeah.

Michael Blake: [00:14:36] Yeah. And, often, the people who have the most polished resumes have them polished because they’re polishing them frequently.

Joanna Cheng: [00:14:45] Right, or they’re paying for the polish.

Michael Blake: [00:14:46] They’re paying for the polish, one of the two, right? And you probably developed a spider sense. You must developed a sixth sense of some kind.

Joanna Cheng: [00:14:55] There is a little bit of that. I mean, you do get a feel for people, but that feel is — That’s, I think, the fun part. I think the best part of my job is really knowing my client, understanding their business, and then meeting somebody. I think this happened with you. Meeting someone and going, “Hey, I just met this person, and I just think you should really talk to them. I think they may be a good fit for your group.”

Michael Blake: [00:15:20] That’s true. I’d almost forgotten, I was actually a client of yours.

Joanna Cheng: [00:15:23] Yes. And we know when that works, and those types of situations more than often does, I mean, it’s a good feeling because you just feel like all the stars aligned and maybe you’re good at your job.

Michael Blake: [00:15:40] And that hire worked out. I mean, he stayed longer than I did by a lot. So, I really can’t disagree with that. So, can you point to like a favorite success story of yours where you really helped the company or even maybe helped the candidate out?

Joanna Cheng: [00:15:58] I can think of a lot of stories, but I think one thing, in fact, I had lunch today with a candidate that was a relocation candidate. It’s a really tough and usual position. It was like on the request of one of my favorite clients. And the process was painful, and it was hard because I don’t think either — we didn’t really — we didn’t know what we were looking for until we found it. But I’ve been talking to that candidate today, and how happy they are, and what they’ve been able to achieve in the time they’ve been at the company. I don’t know. It just made — that’s what makes me wake up and do what I do. And, in fact, that client is one of my adventure race buddies.

Michael Blake: [00:16:45] Really?

Joanna Cheng: [00:16:47] So, I’ve recruited for them since their inception as a startup to, now, a very successful business. And that’s something I’m very proud of.

Michael Blake: [00:16:56] So, in addition to running away from alligators and copperhead snakes and jumping over quicksand, you’re doing that.

Joanna Cheng: [00:17:02] Yeah. So, now, we throw ourselves in the briar patches and the like, yes. So, that’s real trust.

Michael Blake: [00:17:08] Yeah.

Joanna Cheng: [00:17:09] That’s when you trust, yeah.

Michael Blake: [00:17:09] Yeah, it is.

Joanna Cheng: [00:17:09] Like your service provider.

Michael Blake: [00:17:13] It is. I don’t know if anybody would trust me to lead them through an alligator or copperhead. In fact, it’s-

Joanna Cheng: [00:17:17] Oh, I didn’t say I led. I’m just, you know, but I’m there.

Michael Blake: [00:17:22] You don’t necessarily shove their head into the water-

Joanna Cheng: [00:17:25] Right.

Michael Blake: [00:17:25] … if something bad happens

Joanna Cheng: [00:17:26] Right. I would put a stick between my client and the alligator.

Michael Blake: [00:17:28] Okay.

Joanna Cheng: [00:17:30] Yeah, yeah.

Michael Blake: [00:17:31] Okay. So, let me ask you. I want to ask you this in a very smart aleck kind of way.

Joanna Cheng: [00:17:37] Okay.

Michael Blake: [00:17:37] Why haven’t you been replaced by websites? They’ve been all over. They’ve come and gone, Monster, Hot Jobs, CareerBuilder, Yahoo Jobs.

Joanna Cheng: [00:17:46] And, again, they all have their place, and they certainly have their success. And we leveraged that technology. We partner, in fact, with some of these companies.

Michael Blake: [00:17:56] Is that right?

Joanna Cheng: [00:17:56] And they’re our vendors. But, again, it just goes back to the relationship. I mean, valuation. I mean, can’t we just make a calculator, and plug in some assumptions, and-

Michael Blake: [00:18:09] There are people that are saying that.

Joanna Cheng: [00:18:10] Yeah. Come up with a number or a multiple and go, “This is the-” It’s not the point. I don’t think that’s how the world works. I mean, we’re not — people aren’t widgets. Talent, it can’t be manufactured. It’s so interesting because, I think, especially within accounting and finance, I mean, people just think, “Oh, I just need a CPA,” or “I just need an AP clerk.” And I don’t know. It’s just like anything else.

Joanna Cheng: [00:18:36] Let’s say, think about you in any job that you’ve ever had, okay. And I don’t know. Maybe people have just been very lucky, and loved everywhere that they worked, and loved the people, and those people love them. But I’ve been in several situations where I could do the job, I did it well, I just didn’t like it, or they like me, and that’s what doesn’t work, right.

Joanna Cheng: [00:18:59] I mean, middle market, in particular, is really attractive to me, (1), because that’s all I know professionally; but (2), it’s like these businesses are often someone’s baby. I mean, they’re trying to achieve a very specific goal. They’re not looking for workers. They’re looking for partners. They’re looking for people who want to be part of this team. They want people to help drive their passion to do whatever it is they want to do with this business. And that just can never be measured by a machine. And I may be eating my own words when Skynet takes over the world. But as for now, I think, my job is safe.

Michael Blake: [00:19:40] Well, I think there’s truth to that. It’s interesting you bring up the valuation part because much of my industry is being replaced by websites. And I don’t think my children would have any interest in doing what I do. But if they did, I don’t think there’s a job there necessarily for them. And we have to move towards an advisory position. And I tell people, if you want a valuation, here’s a website that you can just go get a valuation done. If that’s good enough for you, then do that, right.

Joanna Cheng: [00:20:10] I like that, make valuation.

Michael Blake: [00:20:11] If, on the other hand, you want to learn something about the business that you didn’t already know, that technology is not is not out there yet. And I think I sense that’s a very similar kind of conversation, at least, implicit conversation.

Joanna Cheng: [00:20:27] Yeah, advisory, consultative, it’s all the same thing, right. I think people aren’t looking for an answer. I mean, the answer in valuation isn’t the number. It’s, “Can I achieve my goal? What are your thoughts on that? Do you have any advice for me? What do you think?” And those are the types of questions, and that’s the type of insight, I think, I can provide to my clients. What should the salary reasonably be? Is this reasonable? Historically, this is a person’s background. Does this make sense? Is this a fit?

Joanna Cheng: [00:21:09] And we can talk through all of those things. I mean, again, it’s not a perfect science. I mean, I think that’s one thing that’s always really resonated with me just professionally is an accounting in all things. And I think, I remember you saying this many years ago, but, sometimes, we are looking into a crystal ball, and it’s just not a binary world, and there is no right or wrong. I mean, the perfect — everything could go perfect in the hiring process, and it could be the perfect candidate, but something can happen, and you have to — all recruiting is or financial reporting is just trying to control, and assess, and analyze enough of the variables to, hopefully, ensure success or some type of predictable outcome, but there’s no guarantees.

Michael Blake: [00:22:00] So, let’s talk. The large companies that have their own in-house HR departments, do they also use recruiters, or are they typically bring the whole function in-house?

Joanna Cheng: [00:22:13] Oh no, they absolutely use recruiters.

Michael Blake: [00:22:14] They do, okay.

Joanna Cheng: [00:22:14] Yeah. So, we tend to shy away from large HR departments for that reason. It’s just a lot more cooks in the kitchen than needed. We prefer to work directly with hiring manager and get a better sense of what that position is. Not saying that HR isn’t our ally, and we certainly want to work through their process, but something like a Fortune 100 company is just a completely different beast. And I think if, again, create a financial staffing just specifically, we don’t typically serve that large of a company. We probably aren’t the best resource. We’re not as willing to go and work with a VMS system where, again, in many ways, it’s selling paper. You could be drawing-

Michael Blake: [00:23:03] What is a VMS system?

Joanna Cheng: [00:23:04] Vendor management systems-

Michael Blake: [00:23:06] Okay, yeah.

Joanna Cheng: [00:23:08] … where you have to upload resumes and something, probably a robot, is looking for keywords. Again, anyone can do that. I mean, it just makes no sense to me. I could put CPA controller manufacturing expert on a piece of paper and have that picked up, but is that the right candidate for your job? I mean, maybe, maybe not. But I’ll tell you, like the effort and cost to go through all of that doesn’t really make sense for our model.

Michael Blake: [00:23:38] Now, hiring somebody today is a big commitment. And it’s not just a big commitment economically, but, to some extent, it’s a big commitment legally. And you can’t just hire completely whatever your whim takes you, right. There are certain processes, there’s certain standards of fairness that we have to observe both from a moral standpoint, a legal standpoint. Is that something that you also can help a company navigate to make sure it doesn’t accidentally step in something during the hiring process?

Joanna Cheng: [00:24:10] Absolutely.

Michael Blake: [00:24:11] And you save somebody’s bacon doing that?

Joanna Cheng: [00:24:13] Well, I mean, and I won’t use any specific examples here, but I think especially smaller businesses or owner-operated businesses. People just don’t know what they don’t know. I mean, it’s purely out of ignorance, not out of spite, but yes. I mean, there will be certain things discussed that we’re like, “Yeah, we can’t have that. That can’t be a variable.”.

Michael Blake: [00:24:35] Right. You can’t ask that question.

Joanna Cheng: [00:24:37] Right, or don’t ask that question.

Michael Blake: [00:24:39] Right.

Joanna Cheng: [00:24:42] So, yes. And from a hiring liability perspective, I mean, I think, we do our diligence as well as kind of anyone else, right. You got do your reference checks, background checks. And technology has certainly been very helpful in that that it’s more difficult now, I think, to kind of hide some of your educational or criminal skeletons than maybe you could have in the past.

Michael Blake: [00:25:05] Now, 10 years ago, we saw, remember, the job market was – to use a technical term – in the toilet. But I think firms were even using recruiters then, even in times where there’s ostensibly a much more rich labor pool from which to select talent. Why do you think that is?

Joanna Cheng: [00:25:27] Well, again, your needs are your needs. Very often, that looks and smells a certain way. So, the question to yourself is return and your effort. Your company, your people, your internal efforts, that’s going to cost you money to source and go through kind of just all the bodies, or you could outsource that function to someone that does it every day.

Joanna Cheng: [00:25:55] I mean, again, good economy, bad economy, businesses have to operate. Everyone’s always looking for talent in some respect, whether that’s from a project basis or a direct hire. And I think that each economy has different demands, and that’s why recruiting has kind of been able to navigate these different cycles.

Michael Blake: [00:26:20] So, we hear a lot or I hear a lot, and I’m sure others do, about different models where one fee model is contingency-based, the other is retained search basically. Can you explain kind of the difference between the two? And from a customer’s perspective, what do you think the pros and cons are of each?

Joanna Cheng: [00:26:39] CFS is a contingency model. So, I always like to say I work for free. I get paid upon my success, and I really enjoy that aspect of what I do. Retained search is different the sense that you pay a fee regardless of outcome, in some respects. And those are typically very specialized positions, more difficult to find positions. I mean, national and international searches.

Joanna Cheng: [00:27:08] So, pros and cons. Contingency, I mean, the pro is, again, you can get a lot of recruiters working for you for free. They’re out there kind of kicking bushes, and doing all the legwork, and hopefully bringing in the best of the best, and you can make a hire, and best recruiter wins. The con is those recruiters are working on many different other contingent searches, and you may not be their sole focus, or there could be other drivers of why you’re not seeing what you think you should be seeing from the caliber of candidate, or quantity of candidates, or whatever it is.

Joanna Cheng: [00:27:44] From a retained search perspective, I mean, that typically should be a dedicated effort. I mean, they want not only to take you money, but they do want to earn it. I’m a little bias because I’ve never worked in the retained search model. I think that the only thing I can think of is everyone has to make money, and just makes me wonder sometimes the bandwidth of recruiters even within the retained model like how much time are they truly dedicating to your search. I mean, that’s something to think about. But, again, you got to use who you know and use who you trust, right?

Michael Blake: [00:28:23] Yeah. That’s why you got us. What is a stereotype about your industry or people in your industry that we should dispel? What do most people think about what you do that’s just wrong?

Joanna Cheng: [00:28:35] I’m a big advocate of the saying that stereotypes come from somewhere.

Michael Blake: [00:28:39] Okay.

Joanna Cheng: [00:28:40] Okay. And I think one of the reasons I became a recruiter is because I had terrible experience with recruiters. And I continue to kind of hear those stories often. So, recruiting is a sales job. And I think that’s-

Michael Blake: [00:28:59] Twice over.

Joanna Cheng: [00:29:00] … the reality. That’s the reality of this job. And what I’d like to dispel is that we’re like used car salesmen, and we’re just throwing bodies at companies, and just walking away with a check.

Michael Blake: [00:29:15] Wish, it was that easy, right?

Joanna Cheng: [00:29:16] Oh yeah. I mean, that would be great because that’s the issue is that does happen. And there is a reason why recruiters can have a bad reputation. But what I would encourage people to think about is there are good recruiters, just like there are good accountants, like good doctors, good lawyers, good valuation experts. People who, hopefully, kind of care a little bit more, who take pride in what they do, and really stand behind their business.

Joanna Cheng: [00:29:47] And, also, too, I think, have the luxury to say that as a privately-held company, like we certainly are making things a little bit differently than maybe some of our larger publicly-traded competitors, and they’re driven by a different — they need a different outcome.

Michael Blake: [00:30:02] Well, they’re going to be driven — they have to be driven by a quarterly number, right?

Joanna Cheng: [00:30:07] Right.

Michael Blake: [00:30:07] They have to have 90 days of view ahead of them. And then, after that, they’ll worry about the next 90 days.

Joanna Cheng: [00:30:13] There’s just a reality of that.

Michael Blake: [00:30:15] Yeah, that’s right because that’s what shareholders are telling them they wanted them to do.

Joanna Cheng: [00:30:18] Right.

Michael Blake: [00:30:20] How does a company best work with you? Like you, I’m in the service business, but there are certain conditions in my business where the client does certain things, they make my job a lot easier, and the likelihood of a positive outcome that much greater, right?

Joanna Cheng: [00:30:36] Right.

Michael Blake: [00:30:37] For a company to maximize your effectiveness, what should they be prepared to do on your end as part of that partnership to give the best chance of securing that great outcome?

Joanna Cheng: [00:30:48] Just being available. I think that’s number one.

Michael Blake: [00:30:54] What does that mean exactly?

Joanna Cheng: [00:30:56] I think we’re in this hyper-busy world, especially when you’re a man short, or you need an extra pair of hands. You’re busier than ever. And that drives the backbone of my business. That being said, if you were truly looking for the right fit, you’ll spend the upfront time to invest in speaking with me, so I can learn about your business. You’ll make time for me to come visit, and talk to me in person, and show me around. And when we make our recommendations, really take the time to listen, and discuss, and ask questions.

Joanna Cheng: [00:31:33] I think that’s the best way to work with a recruiter. Like we’re, again, not selling paper. I mean, there are people here. There’s a reason why I’m making a recommendation. If you don’t have the time to talk to me about it, it’s very hard for me to help you. So, I’m often thinking like, “Help me help you.” I know you’re busy, but we’ve got to talk about this, and we’ve got to make time because I think this is a choice.

Michael Blake: [00:31:59] Yeah. I think I would imagine in your world, there are clients that look at you and say, “Oh, thank God, I can just hand this entire thing off to Joanna. She’ll go away for whatever period of time, and she’ll just come back with-”

Joanna Cheng: [00:32:13] A magical unicorn.

Michael Blake: [00:32:14] Magical unicorn.

Joanna Cheng: [00:32:15] Yeah.

Michael Blake: [00:32:15] Right?

Joanna Cheng: [00:32:16] Mhmm (affirmative).

Michael Blake: [00:32:18] But maybe you’ll come back with a magical unicorn, but if they don’t just sort of throw the thing over the wall, that’s more likely to happen, right?

Joanna Cheng: [00:32:25] Right. Yeah, exactly. And that’s exactly right. I think what happens a lot in recruiting, especially when you’re working, again, with many firms who will just take a general job description and kind of run with it, is, again, these are people, they’re unique. And I do, actually, use that term in my office is we hunt for unicorns. And so, something that like a purple unicorn with a gold horn is very different than the green speckled one. So, when you show up with the pink one with orange sprinkles, and you go, “That’s not what I wanted at all-”

Michael Blake: [00:33:00] It sounds like a very mythical place to work, by the way.

Joanna Cheng: [00:33:01] It’s a magical land.

Michael Blake: [00:33:03] It sounds like it.

Joanna Cheng: [00:33:05] I mean, again, it just comes down to information. And that’s what I typically advise my clients, especially when I first worked with them. I say, “Hey, we present candidates in very small rounds. We like to discuss their backgrounds with you and discuss why we think they would be a fit, and why you should consider them for hire.” And if we’re completely off target, then someone is missing information, or maybe we don’t know what we’re looking for yet. And I see that a lot as well. Sometimes, people think they need these 10 bullet points, and you go, “Well, yes, but this unicorn has six of those, and you don’t even need the other four.” But until you have that conversation and kind of work through that process, you kind of don’t know what you don’t know.

Michael Blake: [00:33:53] And then, maybe, it turns out you don’t need a unicorn, just a really nice horse will do.

Joanna Cheng: [00:33:57] Exactly, yeah, with a party hat on.

Michael Blake: [00:33:59] With the party hat on.

Joanna Cheng: [00:33:59] Yeah.

Michael Blake: [00:33:59] So, last question, and then then we got to wrap up. But I think a lot of people miss the fact that recruiting is an active job. When we call your recruiter, that’s an action-related. To recruit is as active as opposed to just sort of posting a job and waiting for resumes to fill in. And a question I’ve always had and just been kind of curious about is when you recruit somebody who wasn’t necessarily looking for a job at that time, how do you kind of gauge or kind of verify that that person’s really invested in the process, and that if they do kind of make it through your vetting process, you’re going to present them to the client that they’re going, there’s a fully invested candidate, and not just sort of as a hired gun that might be recruited away from them two years later? You know what I mean?

Joanna Cheng: [00:34:55] Well, yeah. And you see that in like the tightest labor market we’ve seen in many years.

Michael Blake: [00:35:00] Right.

Joanna Cheng: [00:35:00] And I mean, I think that in some respects, it’s the new normal, just poaching or the temptation to jump in for what it is when times are good. I think people are always open to opportunity. Again, we can’t see into the future. I don’t know if someone’s going to leave in two years or 20. All we can assess now is your factors causing them to be open to opportunities, like why are they looking? Why would they want your job? Why would they want work here? Why would they stay? I think into overriding all of that is something that is mentioned, but it’s probably not discussed as much as it should, which is retention. Whose job is it to retain these employees? Is it the recruiters’ job?

Michael Blake: [00:35:52] It doesn’t sound like because your job description is not retainer.

Joanna Cheng: [00:35:57] Right. So, that’s something I always think about. And I will say this, I mean, generally speaking, for instance, there are definitely companies that are known for extremely high turnover. And those are companies we tend to shy away from, or we will provide staffing on a project basis. But it’s hard for us to put — I always say it’s hard for us to put A people in kind of a C Company. It’s hard for us to put C people in an A company. It’s the same thing. It doesn’t work.

Joanna Cheng: [00:36:29] So, yeah. I mean, my advice in terms of choosing a recruiter also says, “Hey, yeah, there’s a cost to that. There is a benefit there. There could be some risk associated with it, but what are we doing as a company to retain that talent?” because you can get in the door, but keeping them, that goes beyond my job.

Michael Blake: [00:36:52] Sure.

Joanna Cheng: [00:36:52] And I think that’s pervasive in recruiting. I mean, people switch firms all the time. One thing that attracted me to CFS and kind of holds true in my experiences, our tenure of employees is unusually long for our industry. I do think that says something in a positive way.

Michael Blake: [00:37:14] Well, this went great. We got a lot of great information, great insights, but we can’t cover everything that we’d like to cover in a half-an-hour podcast. So, if somebody wants to ask you some questions, reach out to you, follow up, can they do that?

Joanna Cheng: [00:37:27] Yeah, absolutely.

Michael Blake: [00:37:28] So, how would they reach you?

Joanna Cheng: [00:37:30] I’m on LinkedIn. So, Joanna Cheng with, apparently, not enough of my background. I’ll let you-

Michael Blake: [00:37:41] Yes. Well, it was background-light. We’ll just say you use social media judiciously.

Joanna Cheng: [00:37:47] Right.

Michael Blake: [00:37:47] And Cheng is spelled C-H-E-N-G.

Joanna Cheng: [00:37:48] Yes.

Michael Blake: [00:37:48] Correct?

Joanna Cheng: [00:37:51] And our website is cfstaffing.com. It will have our company number. You’re welcome to give a shout, shoot us an e-mail. Happy see how we can be a resource for you.

Michael Blake: [00:38:03] Okay, very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Joanna Cheng so much for joining us and sharing her expertise with us. We’ll be exploring a new topic each week, so please tune in, so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: contingency fee, contingency fees, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, employee recruiting, employee retention, Employee retention strategies, Executive Recruiter, executive recruiting, executive recruitment, financial staffing, hiring a recruiter, hiring candidates, hiring employees, hiring needs, LinkedIn, Michael Blake, Mike Blake, online hiring sites, polished resume, recruiter, Recruiting, resumes, retained search, retaining talent, staffing, talent acquisition, talent recruitment, talent retention, vendor management system, VMS

Decision Vision Episode 7: How to Hire a Forensic Accountant – An Interview with Randy Domigan, Brady Ware & Company

March 21, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 7: How to Hire a Forensic Accountant - An Interview with Randy Domigan, Brady Ware & Company
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How to Hire a Forensic Accountant

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Randy Domigan, Director of Brady Ware & Company, on different types of fraud, why a normal financial audit doesn’t usually detect fraud, and signs your business might be a victim of fraud.

Randy Domigan, Brady Ware & Company

Randy Domigan

Randy is a Certified Fraud Examiner and can identify the warning signs and red flags that indicate evidence of fraud and fraud risk. He uses his expertise to help dealerships improve fraud prevention, detection, and deterrence. He has been trained to uncover and illuminate fraud when it occurs, and even more importantly to deter fraud before it starts. In addition to his fraud expertise, Randy has over 20 years of experience in tax and financial planning and internal control consulting.

 

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision Podcast, a series focusing on critical business decisions, brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great business decisions. In each episode, we’re discussing the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:40] My name is Mike Blake. And I’m your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:05] Today, we’re going to talk about hiring a forensic accountant. And forensic accounting is always fun to talk to because in the accounting world, they always have the greatest stories, the greatest war stories. I mean, who doesn’t love a story about white collar crime? Unless you’re in it, I guess, then, it’s not so great. But if you’re sort of a third person, it makes the best cocktail story. So, pro-tip to the listeners out there, if you’re ever, sort of, at a mixer at a CPA firm, and you don’t know who to talk to, ask who the forensic accountants are because they have the best stories by none.

Michael Blake: [00:01:43] Yeah, forensic accounting is a very specialized area of the accounting profession, and it’s one of the most difficult decisions in terms of deciding whether or not you’re going to hire a forensic accountant because by definition, when you’re considering hiring a forensic accountant, you think that, potentially, there’s been, at least, a major mishap, and in many cases, you suspect that a crime has been committed often by somebody that you trust.

Michael Blake: [00:02:18] And so, I can tell you from talking to my clients who I’ve referred to forensic accountants over the years, it’s a major hurdle to, then, make that call to say, “Yeah, I need to get this checked out. I need to have somebody really come in, and look under all the rocks, and, hopefully, find nothing. That would be a great outcome. But then, if something is going to be found that we know exactly what it is and we can make it from there.”

Michael Blake: [00:02:42] And so, to talk about that with us is Brady Ware’s resident expert. Joining us today by phone from the Gem City Dayton, Ohio is Randy Domigan, one of my business partners at Brady Ware in Dayton. Randy works in a variety of accounting, auditing, and consulting engagements, as well as corporate and individual tax areas. He provides services to closely-held businesses in a variety of industries, including manufacturing, dealerships, retail, distribution, professional services, transportation, and real estate. He leads our firm’s fraud services practice and assists with recruiting and training of new team members, and serves as the head of the firm’s Insurance Services Group Technology Committee.

Michael Blake: [00:03:26] Randy is a member of the Ohio Society of Certified Public Accountants, the American Institute of Certified Public Accountants, and the Association of Certified Fraud Examiners. He also serves as a chair for the Better Business Bureau’s Eclipse Integrity Awards Committee and is active for the Dayton Chamber of Commerce and the Miami Valley Venture Association. Randy is a 1994 graduate of Wright State University. After working three years in another regional accounting firm in Dayton, Randy joined Brady Ware in July of 1997. Randy, thanks so much for taking your time out of tax season to join us for a little bit today.

Randy Domigan: [00:04:03] Yeah. Thank you, Mike.

Michael Blake: [00:04:05] So, I’ve kind of gone through your intro but I don’t think the intro necessarily does it justice. So, talk a little bit about your role at Brady Ware, and how much forensic accounting, and maybe chasing down white-collar criminals is a part of what you do.

Randy Domigan: [00:04:24] Yeah, absolutely. So, as Mike said, I am a director with the firm. And I do work out of our Dayton office. I do head up our fraud and forensic practice. And as part of that, I do spend a good portion of my time typically outside of our tax season, which is kind of our January through April timeframe. But outside of that timeframe, I spend a lot of time working with companies to primarily strengthen their internal controls.

Randy Domigan: [00:04:53] I do get involved in cases where fraud has occurred, and I do have to go in and do investigations. What I try to do because I see the ill impacts of that on businesses and how much it can destroy a company is I really try to get out, and get in front of these things, and work with companies to help strengthen controls, reduce risk, and really find ways to to prevent fraud from happening in the first place because that’s really where you want to be. You don’t want to be on the receiving end of needing a forensic accountant, which, of course, they can do, but you want to try to be on the front end of the this and try to put preventive measures in place to keep it from happening to begin with because, unfortunately, once it happens, usually, there’s never a real good result.

Michael Blake: [00:05:40] Yeah. Once that bell gets rung, it’s very hard to unring it.

Randy Domigan: [00:05:43] Absolutely.

Michael Blake: [00:05:44] And, I got to be candid. I did not know that about the forensic accounting role. I’ve worked in other firms as well, and all they ever talk about was finding stolen money or dealing with lost profits, and damages, and so forth. But it had not occurred to me, but it makes sense now is that the other side of that is putting in internal controls and preventative measures, so that the other side of that identity that you have is, we hope, never called upon.

Randy Domigan: [00:06:14] Absolutely. And part of that is bringing awareness to what the issue is because you don’t know you need a forensic accountant until it happens to you typically. And so, trying to educate people on the front end, and show what some of the risk factors are, and bringing awareness about it is part of the battle in trying to fight fraud, so companies can implement risk management policies ahead of something happening. And I’ve even had cases where I have gone out to do some of this consulting and looking at kind of where their business risks are in, and where their controls are, and how they’re set up where I’ve actually found fraud that has already occurred, and the company was completely oblivious to it.

Michael Blake: [00:06:59] I can imagine that led to some uncomfortable conversations.

Randy Domigan: [00:07:03] Yes. it did. Absolutely.

Michael Blake: [00:07:05] So, can anybody with a CPA do forensic accounting or what is their specialized training to become a specialist as you are in that particular field?

Randy Domigan: [00:07:18] Yeah. No, that’s a great question, Mike. So, in addition to being a CPA, I’m also a CFE, which stands for Certified Fraud Examiner. So, when I originally got interested in fighting fraud and getting into that aspect of my career, I had actually been involved on an engagement where some employee embezzlement had happened, and I went in and was basically just trying to figure out what happened. It’s like where the money was stolen from and the different ways that the individual was able to steal the money. And it really just fascinated me.

Randy Domigan: [00:07:52] And so, I started looking at other ways to help sharpen my skills in that area because just with my auditing background, it really wasn’t sufficient to really cover all the aspects that go into being a forensic accountant and a certified fraud examiner. You need to understand some of the laws surrounding how fraud is prosecuted. You need to understand what some of the things that lead people to commit fraud, what some of those risk indicators are. And so, I went ahead and went to an organization called the Association of Certified Fraud Examiners, became an associate member, and started looking at a lot of the classes and things that they offered in order to become a certified fraud examiner. And as a result of that, there’s an examination I had to take and several classes. And I came out at the end of that and really started to make that part of my practice area.

Michael Blake: [00:08:56] And how long ago was that?

Randy Domigan: [00:08:59] I did that back about 10 years ago.

Michael Blake: [00:09:02] Okay. So, you’ve had a decade of experience in dealing with these kinds of issues. So-

Randy Domigan: [00:09:08] Yes.

Michael Blake: [00:09:11] Does all fraud look alike? Is there basically one flavor of fraud, and fraud is just fraud, or does it come in different forms and shapes?

Randy Domigan: [00:09:20] Really does come in different forms and different shapes. I mean, the term fraud can mean a number of different things. You can have fraud in the medical industry where you have people submitting false claims to insurance companies. And I mean, it just covers so many different things, tax fraud and refund fraud. It’s huge.

Randy Domigan: [00:09:47] The area that I tend to focus on a little bit more tends to deal with occupational fraud, which is one of the most common occurrences of fraud. Occupational fraud, basically, deals with employees, directors, just individuals within a company that commit fraud. And it can be fraud from any direction. Typically, it relates to like something around a cash disbursement or something like that. It could be related to payroll. There’s just a number of different things where fraud can be committed against an organization, but it’s typically asset misappropriation, and that can take a number of different forms.

Randy Domigan: [00:10:36] So, what are a couple of different forms? What are, kind of, the flavors of asset misappropriation? And, I guess, to the simple mind like mine, asset appropriation means stealing stuff, right?

Randy Domigan: [00:10:51] Correct. So, one thing would be cash disbursements fraud. So, if somebody were to write a check to themselves or to a fictitious organization that they controlled that was an unauthorized disbursement, that would be an example of a cash disbursement fraud. Another way, another example that would be if somebody paid themselves through payroll, either an extra paycheck, they modified their pay rate, where they could be paid more money than what they were entitled to or what had been authorized and approved, again, that’s an asset misappropriation because they’re taking funds that have not been authorized to be taken.

Randy Domigan: [00:11:39] Another way could be inventory theft. They just, actually, just go in and take something right off the shelf at a store or within the organization. There could be equipment. Anything like that would relate to an asset misappropriation. And that’s, again, probably, the most common type of fraud that I tend to get involved with.

Michael Blake: [00:12:00] I was talking to somebody who does inventory tracking for hospitals not long ago, and they’ve got a company that facilitates that. And, apparently, one of the biggest — I don’t know if you’re doing medical work or not, but if one of the things that I learned is that for a given hospital, hundreds of thousands of dollars of stuff just walks out of the hospital. It’s not like bottles of aspirin either or stethoscopes. It’s like significant equipment that just sort of goes missing. Have you experienced that or heard of cases like that?

Randy Domigan: [00:12:35] Yeah. It does tend to happen in large medical facilities. I don’t typically get involved with those as much. Most of them have been focused around companies where they’ve had an employee just internally, well, a lot of times, involved with the accounting area where they’ve got access to those funds in some way, shape, or form. It could be that they are one of the authorized check signers. It could be that they are or they have access to online banking, and they wire money out of the account. And so, a lot of it is stuff that they can turn quickly into something that they can use. I don’t see as much inventory theft, but it does happen because there is a market for those things. And most of those things can be easily sold and turned into cash.

Michael Blake: [00:13:29] So, if these people that that that commit fraud, I think, the psychology here is interesting. I’ve had some experience with it just observing forensic accountants, kind of, across the hall and in valuation of other places. What’s the profile of the person who commits fraud? Are they somebody that’s they’ve already been out of jail three and four times, already kind of a known risk, or is it more somebody that that maybe the first crime they’d ever committed, at least, on record?

Randy Domigan: [00:14:00] Well, it can be both. That’s why if companies are hiring individuals into a position of trust, it’s really important to go through a very formalized and very detailed background check to make sure that somebody that you’ve got coming in hasn’t already served jail time, hasn’t been arrested, or anything else for one of these other crimes. So, to answer your question, on the other end, yes, it can happen to just about anybody unfortunately.

Randy Domigan: [00:14:35] Different circumstances come up in people’s lives that can give them the motivation that they would need to commit fraud. There’s what’s called a fraud triangle that has the different aspects of fraud that lead somebody into committing fraud. And the first thing is motivation. And there’s a number of things that can lead to motivating somebody to commit fraud.

Randy Domigan: [00:15:01] It could be that they’re living beyond their means, and they need additional money to help support what they’re spending. Might have had a medical incident, or a loved one that was hurt in a car accident, or they developed some disease where the medical bills just keep coming, and they have to find a way to cover those bills.

Randy Domigan: [00:15:20] It could be just bad credit. They might have had a bankruptcy. They might have been divorced that just really threw their finances into turmoil. There’s also things like alcohol and drug abuse or gambling. Just things like that where people have this additional need for funds that they’re not able to get just from what they’re earning in their paychecks every week. So, those types of things can motivate people to commit fraud initially.

Randy Domigan: [00:15:50] The second step is you know for them to justify it. People will justify it in their head by feeling that they are worth more than maybe what they’re getting paid. They see maybe somebody else in the company that’s making more money, and there’s maybe some jealousy there. They say, “Hey, wait a second. This person is making this much. I contribute more than what they do. I should be making more money.” So, that’s how they kind of justify it in their head.

Randy Domigan: [00:16:17] And the other thing is the opportunity. The opportunity presents itself. It could be that there’s a weakness in the control system that allows them to do it without it being detected. And that’s usually a big thing. And most people know their jobs very, very well, so they know what what’s looked at, and they know if they try something whether or not they would get caught or not. And so, it might start out as, “Hey, I just took a little bit here or there, and nobody said anything. Nothing ever comes up about it.” And so, it starts going further, and it gets bigger, and bigger, and bigger, and it can just snowball into something very, very large.

Michael Blake: [00:16:56] So, all right. So, now, I’m listening to this podcast. As a listener now, I’m afraid someone is stealing money, somebody is taking money out of the till, writing fake invoices, walking our laptops, whatever it is. As a business owner, how can I keep my eye out for warning signs that fraud might be going on? Are there any kind of telltale symptoms that you can share?

Randy Domigan: [00:17:24] Yeah, absolutely. So, one of the things business owners definitely need to be in tune with is what their employees have access to and looking for changes in their employees’ behavior, lifestyle, things like that. So, if I’m a business owner, and I know that I am paying my accounts payable person just, say, $50,000 a year, and they drive up in a $100,000 Mercedes car, that might be a red light that goes on to say, “You know what, something doesn’t look right there.”.

Randy Domigan: [00:18:05] And there could be a very good reason for that. However, it’s those kinds of things that you just need to be aware of and aware of changes to your employees. If you see a behavior change or you see physical symptoms of something that don’t look right, that should be something that you would look at and maybe say, “You know what, I should probably look a little bit more into that.”

Randy Domigan: [00:18:29] Another sign would be if you are having unexpected cash flow issues that just don’t make sense. I mean, your sales are up from what they were last year, and you would think your profitability is up, but you can’t meet payroll for some reason. You’re like, “Wait a second. Why don’t we have enough money in the bank to make payroll?” or “Why can’t we pay our vendors on time?” And it just doesn’t make sense to you, or you see just unexpected financial trends in your financial statements that don’t make a lot of sense. That’s when you know there could be a sign there that something’s going on, and you need to look into it and investigate it.

Randy Domigan: [00:19:08] When you when you described that, it sounds to me like financial fraud looks an awful a lot like data breaches in that the data breach is rarely, if ever, a one-time occurrence, and the one you hear about or by the time you hear about it, it’s really not one incident, but it’s likely something that has gone on, sort of, in a low-key, hard-to-detect way over an extended period of time. Does fraud often act like that as well? You wind up being the boiling frog, and you don’t realize it until you’re not a live frog anymore>

Randy Domigan: [00:19:49] Absolutely. And the sad part is, a lot of times, when fraud occurs, it’s people who the owners trust in it and, a lot of times, have been with the company for a long time. And, again, it starts out small. It’s, “Hey, I did a little bit here and a little bit there, and nobody noticed. Nobody said anything. And I figured out, hey, I can exploit this a little bit more. And I find different ways to do it.” And it starts getting bigger, and bigger, and bigger by the time you get to it.

Randy Domigan: [00:20:21] And, sometimes, it goes, “I had one case that had gone on for 20 years and I had no clue what was going on. And on an annual basis, if you look at it, it’s like, okay, well, it wasn’t enough to really damage the company in any way.” But in the aggregate, if you look at, say, at 100,000 over 20 years, that’s a lot of money that the company has lost to fraud. And it was all because it was this person that was in a trusted position of authority within the organization that exploited our weakness that was there.

Michael Blake: [00:20:54] Yeah. Yes, you’re right. And then, you think on top of that, if that $100,000 had been reinvested in the company or reinvested elsewhere, there’s a multiplier effect too of lost returns.

Randy Domigan: [00:21:08] Absolutely.

Michael Blake: [00:21:09] So, in your experience, is fraud more likely to come from the top part of the organization, say, at the CFO controller level, or in middle management, or kind of down in the shop floor cash register level, rank and files, more places where it’s more likely to occur, or does it kind of occur all over the place?

Randy Domigan: [00:21:31] It can really happen anywhere. The larger frauds tend to happen at the higher levels of the organization. So, if you have like, say, a chief financial officer that has access in the ability to cover up a fraud for an extended period of time, those can get very, very large, unfortunately. If you have somebody on the shop floor that’s stealing from you, and they’re stealing scrap metal, or parts, or something, and they’re selling them in the black market, yeah. I mean, you’re probably not going to notice any major financial impacts from that, but it’s still going to be impactful because you’re missing inventory, you’re not getting the money back from that scrap, and things like that. So, yeah, but it can happen all over.

Michael Blake: [00:22:18] Now, a lot of companies, of course, are subject to formal financial statement audits according to GAP. Is it reasonable to expect that over the course of the audit that fraud will just be detected over the due course of a well-performed financial audit?

Randy Domigan: [00:22:39] Yeah. Unfortunately, it’s not likely that a normal financial statement audit is going to detect most types of fraud. Audits are just not designed to detect fraud. I mean, there are aspects of the audit that will get an understanding of how the controls and things are set up. And if they see a glaring weakness in the control system, they should be designing their audit procedures around that to detect something.

Randy Domigan: [00:23:06] However, some of these things are so well hidden, and they’re not large enough to really be caught in the financial audit. Most of them aren’t. I mean, you have a very small percentage of them that would potentially get caught by a financial statement audit, but a forensic accounting engagement or audit really will dive deep into the specific areas where there is risk after an analysis is done. And so, yeah, just unfortunately doesn’t. And a lot of people think that because, “Hey, I have an audit done. I should be really good, and I don’t have to worry about fraud occurring.” That’s just not the case.

Michael Blake: [00:23:45] Yeah, I think that’s right. And my recollection is if you carefully read a standard financial audit engagement letter, there’s typically language that says, “We’re not necessarily going to detect fraud. That’s a separate exercise. If we stumble upon it, great. But don’t rely upon this exclusively to find that kind of issue.”

Randy Domigan: [00:24:06] That is correct.

Michael Blake: [00:24:09] So, okay. So, let’s say now that I’m a business owner, I commission a fraud engagement, and I find something. What typically happens then? Do you call the cops, and they just sort of cuff the person, they walk him out of the store, or what happens then?

Randy Domigan: [00:24:31] Yeah. I mean, I think, it’s going to vary depending on what type of fraud it is. I mean, obviously, if it’s something very egregious, and somebody is continuing to do it, and if you don’t get them removed immediately, further damage is going to occur to the company, then, yeah, you’re going to want to take some immediate steps to get that person out of their ability to do that.

Randy Domigan: [00:24:54] However, most cases, if you hired somebody to come in and kind of do a fraud checkup – that’s kind of what I’ll call it – and they happen to discover a fraud, first thing you should really do is get an attorney involved that has got experience in dealing with this kind of matters. And you need to look specifically for an attorney that has experience dealing with fraud situations because there are various federal and state laws that cover fraud.

Randy Domigan: [00:25:25] Now, again, if it’s somebody that you found stealing money out of the till, obviously, you get them out of there immediately because you don’t want to continue to incur losses as a result of them taking that, or stealing inventory out of the back room, or something like that. But this is really more for having somebody that’s in a position of trust that might be stealing through the payroll system, or the cash disbursements, and things like that that I described a little bit ago.

Randy Domigan: [00:25:55] You really want to have somebody get involved that knows the different areas that they can be attacked to try to recover the funds because, obviously, the end result is you want to try to recover as much as you possibly can. Unfortunately, with most fraud, the people spent the money already. And so, you have to have other ways to try to collect, and attorneys know how to go about doing that. And so, you definitely want to get them involved on the front end.

Michael Blake: [00:26:21] Yeah, I’ve noticed that. That’s very unfortunate about the people that commit fraud, they’re not very good savers and investors.

Randy Domigan: [00:26:29] No, they aren’t, unfortunately.

Michael Blake: [00:26:30] They never invested into a wise portfolio, diversify stock and bonds, and have real estate, and stuff. They’ve bought a Tesla, or they paid for a cruise to Easter Island, or they bought like a solid gold trailer, or something like that. It’s rarely something you can just say, “Well, I’ll just write you a check, and pay you back, and off you go.”

Randy Domigan: [00:26:53] Yeah, first class plane tickets for a trip to Europe. I mean, those are the kind of things that typically the money is spent on.

Michael Blake: [00:27:00] Yeah, you kind of mentioned the psychology. So, I would imagine that attorney that you call, or maybe it’s more than one attorney because I got to imagine there’s employment issue too, if you accuse somebody of fraud, and then you’re going to fire somebody for cause, you better be right, or you’re in a world that will hurt yourself, right?

Randy Domigan: [00:27:21] Yeah, absolutely. That’s why you really want to try to get those attorneys involved quickly to mitigate risk to the company in any potential additional losses.

Michael Blake: [00:27:30] Now. what if I suspect fraud, I bring you in, and you come back, and you say, “You know what, all this stuff is explainable. I mean, yeah, you ought to improve some processes and some transparency, but doesn’t look like anybody stole anything.” Is there a risk of fallout within the organization after you’ve done that, if you kind of hit the nuclear button, and then you’ve got other organizational problems to solve, or can you do that in a way that’s discreetly, so you can kind of get in and out, and very few people know you’re even ever doing that or suspecting anybody of fraud?

Randy Domigan: [00:28:11] Yeah. No, Mike, that’s a great question, and it’s something that we run into a lot, especially when the owner wants to just kind of have a checkup done. Come in, and kick the tires, and see how the controls are set up. And if you find something, let’s talk about it. That’s how a lot of the engagements go.

Randy Domigan: [00:28:28] So, if you’ve got somebody that’s good at working with employees, and the narrative comes out as to why somebody is there, and somebody is asking questions, and looking at some different things, you can definitely get around some of those concerns of having the organization just have major shakeup because somebody’s been here investigating a fraud or something like that. So, there are definite ways that you can go about that to mitigate that with employees and personnel within your organization. You just have to make sure that you have the right person that kind of talk through what your narrative is around it.

Randy Domigan: [00:29:11] So, a lot of times, it can be, “Hey, we’re looking to redo our insurance policy, and they want us to look at some of our controls, and policies, and things like that.” It could be that, “Hey, this is done in conjunction with our year-end audit, and they’re doing some other steps to look at some different things.” I mean, there’s a number of ways you can go about it to help mitigate any of that fallout.

Michael Blake: [00:29:36] Now, are there certain kinds of businesses that are more vulnerable or less vulnerable to fraud than others?

Randy Domigan: [00:29:48] Mike, just about every business could be susceptible to fraud. Now, if you do everything in your company, and you write all your checks, you take care of all the accounting, you ship all your merchandise out, you have nobody else involved in it, and you’re kind of a one-man shop, you probably don’t have to worry about too much fraud occurring within your organization. But as soon as you bring on somebody else, even if you’re a pretty small company, you have susceptibility.

Randy Domigan: [00:30:15] And, unfortunately, for smaller companies, they tend to have larger frauds occur because they do have maybe one person doing a lot of the different jobs that, typically, in larger organizations, they can move around to different people to help increase the controls around a lot of those key areas to try to mitigate fraud risk. But even with a small company, there are some very, very practical things that business owners can do to help mitigate the risk. And there’s a couple more things that might have to be added to their plate or even other employees’ plates, but it’s very easy to do without adding additional cost or headcount into even small organizations to help really mitigate fraud risk.

Michael Blake: [00:31:05] Well, that’s a great entrée then because I’m sure our listeners would like to understand, is there a short, kind of, punch list of things that owners can do fairly easily to reduce their exposure to fraud?

Randy Domigan: [00:31:23] Yeah, I would say that there’s definitely some things that they can do. I mean, where you see fraud that has gone rampant, it’s typically because there is very little oversight by the owner on any of the financial records. And it does happen a lot in small businesses. You have a business owner that is out trying to do sales, is out trying to make sure that if it’s a manufacturing that all the products are getting where it needs to go, the methods of distribution that they’re managing, shipping, and all those other different things. And the last thing that they want to have to worry about is, “Okay, who’s paying the bill? Then, did we get all the money collected from our customers?” and things like that.

Randy Domigan: [00:32:04] But when there’s no oversight there at all, that’s where the risk exponentially increases. And so, yes, there are definite things that business owners can do that would help mitigate that risk. And, again, it’s not a lot of additional time that they would have to spend in it, but some very simple things that you could go through. And, really, it just depends on each business. So, it can’t just be some blanket saying that, “Okay. Well, yeah, if everybody does this, that’s going to reduce your risk for fraud.” Yeah, there probably are a couple general things that you could do, but each company is just going to be real different because they’re going to have different levels of employees, different levels of knowledge, different facets within their business where they’ve got risk for fraud to occur. So, really needs to kind of be specific to each company when you look at it.

Michael Blake: [00:33:02] Right. Because the nature of the fraud that can occur is going to be different from a burger restaurant to, say, an auto dealership.

Randy Domigan: [00:33:09] Absolutely.

Michael Blake: [00:33:12] Okay. So, we’ve covered a lot of ground today. We probably could cover a lot more, but time is finite. So, if somebody wants to contact you for more information, can they do so? And if so, how can they find you?

Randy Domigan: [00:33:27] Absolutely. The best way to contact me is probably through e-mail. My email addresses is rdomigan@bradyware.com. And it’s R-D-O-M-I-G-A-N @ Bradyware.com. You can also contact me at my Dayton office. The number is 1-800-893-4283, or you can visit our website at www.bradyware.com, and you can go through the services link, you can find fraud there, and there’ll be a link directly to me on that website as well.

Michael Blake: [00:34:09] All right, very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Randy Domigan of Brady Ware so much for joining us and sharing his expertise. We’ll be exploring a new topic each week, so please to tune in, so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoyed this podcast, please consider leaving a review at your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, financial statement audit, forensic accountant, fraud, healthcare fraud, Michael Blake, Mike Blake, payroll fraud, Randy Domigan, stolen money, Stolen Property

Decision Vision Episode 6: Should We Hire a CFO? – An Interview with Jay Ruhm, JCR Financial

March 14, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 6: Should We Hire a CFO? - An Interview with Jay Ruhm, JCR Financial
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Jay Ruhm and Michael Blake

Should We Hire a CFO?

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Jay Ruhm on when to hire a CFO, what a good CFO offers a growing company, and whether there’s a role for the fractional CFO.

Jay Ruhm, JCR Financial

Jay Ruhm

Jay Ruhm recently retired from Dinova, where he was CFO for the past 8 years and is currently offering financial consulting services to startups, early stage, and venture companies through his newly launched firm, JCR Financial Consulting.

As CFO of Dinova, he worked closely with the Founder and CEO as they took a bootstrap startup through several funding rounds of both debt and equity, culminating in a $40 million equity investment by Frontier Capital in 2017.  Finding the startup and venture world the most exciting environment of his career, Jay is looking to share the benefits of this experience with today’s aspiring entrepreneurs.

Jay received his MBA from Columbia Business School in NY.  He spent the formative years of his career at American Express where he rose from Financial Analyst to Southern Region Financial Officer of the Corporate Services Division.  As Financial Officer, he also had financial oversight responsibilities for several other Amex businesses based in Atlanta.  Jay led several major strategic initiatives including a major pricing initiative that saved Amex $125 million of at-risk annual revenues.

Between his stints at Dinova and Amex, Jay spent time as a Senior Managing Consultant at Huron Consulting, leading varied teams of up to 40 people working on the Delphi bankruptcy from the initial filing to post-emergence.  At the time it was the largest manufacturing bankruptcy in US history.  He also initiated and led the development of a system to coordinate the claims across multiple parts of the case.  He also spent time as a Division CFO at Kelly Services improving back office systems and pricing methods.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Michael Blake: [00:00:21] And welcome back to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we’ll talk about and we’ll to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:41] My name is Mike Blake, and I’m your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. And if you like this podcast, please subscribe on your favorite podcast aggregator and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:05] So, today we’re going to talk about whether to hire a chief financial officer and when to hire a chief financial officer. And this is a decision, I think, that any company that plans to grow to any size must wrestle with. You can’t manage a business without numbers. It’s just impossible to do that. And then, managing by the numbers goes a lot beyond simply debits and credits, counting beans, counting money as it comes in. In fact, on another podcast, we’re talking about data analytics, and that is becoming part of the CFO’s job description.

Michael Blake: [00:01:49] But the big question, particularly for small companies, when you take that plunge, because CFO, these Chief Financial Officers, if they’re any good, they ain’t cheap. And that represent — and they’re not generating revenue – at least, not directly – they’re not selling, they’re not marketing, they’re not advertising, but you can’t find a big or even medium-sized successful company that does not have a competent CFO at the helm.

Michael Blake: [00:02:18] And, as a listener, you’re probably wondering — you might be wondering, “Should I hire a CFO now? Is it something I should wait two to three years on, or did I hire a CFO too quickly? Did I take that plunge too quickly, and maybe I should have waited?” And we’re going to talk about that. We’re going to talk about this issue with one of the best in the business. I am delighted to have my good friend, Jay Ruhm, on the program with us today.

Michael Blake: [00:02:49] Jay and I have known each other for a long time, longer than any of us would probably care to admit. We know where each other’s bodies are buried. We’ll just sort of leave it at that. But Jay recently retired from a company here in Alpharetta, Johns Creek, called Dinova, where he was the Chief Financial Officer for the past eight years, really from startup until exit. And he’s currently offering financial consulting services to startups, early stage, and venture companies to his newly launched firm JCR Financial Consulting.

Michael Blake: [00:03:25] As CFO of Dinova, he worked closely with the founder and CEO as they took a bootstrapped startup through several funding rounds of both debt and equity, culminating in a $40 million equity investment by Frontier Capital, which is a North Carolina-based private equity firm in 2017.

Michael Blake: [00:03:41] Finding a startup and venture were the most exciting environment of his career, Jay is looking to share the benefits of this experience with today’s aspiring entrepreneurs. That’s why he’s here. Jay received his MBA from Columbia Business School in New York. I didn’t realize that. You’re smarter than I thought. That’s great. He spent the formative years of his career at American Express where he rose from financial analyst to Southern Region Financial Officer of the Corporate Services Division. As financial officer, he also had financial oversight responsibilities with several other AMEX businesses based in Atlanta. Jay led several major strategic initiatives including a major pricing initiative that saved AMEX $125 million of at-risk annual revenues.

Michael Blake: [00:04:23] And. there’s sort of the canned introduction. I’m going to go off the script a little bit. Jay brings a wonderful and very unusual combination of technical acumen and just plain horse sense that you don’t often find. And maybe I’ll let him tell you about the Dinova story. I like it so much. I want to tell it, but that’s depriving him of the opportunity. But this is a guy who’s paid his dues. There are a lot of CFOs around, but this is a guy who really paid his dues to get from where he started off with Dinova to now enjoying, at least, a semi retirement. If I build him up any more, he’ll never be able to live up to the hype like the Batman movie. So, Jay Ruhm, welcome to the podcast, my friend. It’s great to have you on.

Jay Ruhm: [00:05:14] Thank you, Mike. Thanks for having me. It’s a delight to be here.

Michael Blake: [00:05:17] So, I’m going to start. I’d like you to talk about the Dinova story because, I think, it talks about the evolving role of the CFO. That company literally went from napkin to something big, something that had an eight-figure exit, and you were there pretty much every step of the way. So, talk about the Dinova story and your role. And I’m already jumping off the script, but we’ve known each other long enough. I can do that from day one, minute one. Talk about that story. It’s so awesome. The world’s got hear it.

Jay Ruhm: [00:05:53] I was on a consulting gig for a number of years in the bucket of no good deed goes unpunished. This was supposed to be a short bankruptcy, 90 days, solve one of the first day motion issues, and I ended up staying for four and a half years helping the Delphi company through its bankruptcy from the day they filed until well after the emergence. So, as I roll off that gig, my second phone call — The first phone call was home of course. The second phone call was to a very, very good friend of mine named Vic Macchio. Vic had this idea for Dinova. And so, I called him and said, “Hey, I’m off. How are you doing?” And he says, “I’ve got Dinova up and running.” I said, “That’s terrific.”

Jay Ruhm: [00:06:46] So, I get home, I go visit him, “What are you doing?” He says, “Well, I’m trying to raise some money. This thing is going to be bigger than I am.” And I said, “That’s a delight. I’m happy to help you. Do you have financial statements?” He says, “No. I don’t need financial statements. This is a pretty simple business model.” I said, “Vic, you need financial statements.” He comes around and says, “Okay. Let’s get some financial statements.” And he says, “But I can’t pay you.” And I said, “Vic, not a worry. I’ve known you 25 years,” at that time. That was 10 years ago. And I said, “It will all work out in the end. I believe in the business. Let me help.”.

Jay Ruhm: [00:07:27] And so, we started looking to raise some funds. That’s where I met my good friend, Mike Blake. Mike, you had no small role in that with your introductions to people in the community. You were a great, great help in helping us secure that funding and helping us network through the community.

Michael Blake: [00:07:46] I think I was the ugliest cheerleader on the planet, but okay. If you want to give me the credit, I’ll stop resisting it. I’m awesome. Go ahead.

Jay Ruhm: [00:07:53] There you go. So, we raised a few million dollars and got the business up and running. And over the years, took in some small amounts of equity, but I would call that A round the primary round. And their incomes, what does a CFO do? The first thing I did was work with Vic and manage the financials, so that we were cash flow-positive. As quickly as we could be cash flow-positive, that’s key. An investor does not want to hear, “I need money from an entrepreneur. I need money to make payroll.” An investor wants to hear, “I have an opportunity, which I’d like to take advantage of. Are you in?”

Michael Blake: [00:08:39] When an investor hears that, “I need money to make payroll,” it’s like we’re talking about the movie Airplane. By the way, does anybody know how to fly a plane? It goes over about that well, right?

Jay Ruhm: [00:08:53] So, right away, early on, you could use, at least, some CFO to help guide the financialship as it were. And through the years, we maintained financial discipline, turned profitable in the middle of the period, somewhere around 2014-2015, and grew the business that way. I think one of the key things that a CFO does that’s helpful to a business in that stage is other than the CEO, the CFO is the only other one that doesn’t have a parochial view or a view from a department head. It’s the one place in the company, other than the CEO, where an individual has a cross-company view. And that’s a pretty vital role, and it’s important that the CFO understand that and apply that. So, when one department head says, “I want to do this,” where’s the one place who’s going to say, “Well, you need to talk to this department and that department because you’re going to have impact over there”?

Michael Blake: [00:10:03] That’s interesting. I’d never heard of the CFO’s role being described that way. So, in effect, you become the air traffic controller?

Jay Ruhm: [00:10:10] In effect, yes. And it’s at a peer level too because the department heads and the CFO, they all report to the CEO. And so, that’s key. And so, you’ve got to be a good partner and a good team player.

Michael Blake: [00:10:26] So, let me ask this then. So, you’re brought into Dinova, Dinova, I think, at that time, was not generating revenue, or if it was, it was de minimus revenue. Is that correct?

Jay Ruhm: [00:10:37] It was de minimus, right. As I said, Vic had said, “Yes, I got Dinova up and running.” He didn’t tell me it was $12. Just getting started at 12 bucks, but it was small.

Michael Blake: [00:10:47] But it’s higher than zero, right?

Jay Ruhm: [00:10:49] Yes, it was more than zero.

Michael Blake: [00:10:50] So, technically, it was revenue-positive. So, why do you think he saw wisdom in hiring a person whose job is to count money when there is no money to count yet?

Jay Ruhm: [00:11:03] I’m not sure that that’s why he brought me in. I don’t know that Vic was thinking, “I need financial help.” It was more that-

Michael Blake: [00:11:12] Yeah, clearly.

Jay Ruhm: [00:11:14] It was much more that we had been good friends for a long time, and I offered to help for free. And when you’re starting a business, and you’re a CEO, and you’re trying to get something going, you take all the free help you can get.

Michael Blake: [00:11:28] So, one of the things I’m taking away from this is that a CFO, and at least in your case, you tell me if you think it’s more common or not, but you are kind of internal trusted advisor, right? We talk about trusted advisors and the outside. Ostensibly, I am a trusted advisor to god knows who. But you became Vic’s internal trusted advisor that was captive, somebody he could talk to, and early on, would have skin in the game by the way of having a modest ownership of the company and so forth.

Jay Ruhm: [00:12:03] Sure.

Michael Blake: [00:12:03] Right?

Jay Ruhm: [00:12:04] Yes.

Michael Blake: [00:12:06] And that has maybe very little to do with finance.

Jay Ruhm: [00:12:11] It has. You’re correct. It doesn’t require the knowledge or the technical skills that a CFO typically has, but that role is vitally important. And many experienced CEOs know that when they’re hiring a CFO, they are hiring a trusted adviser.

Michael Blake: [00:12:33] And is that why you wanted to have a CFO role? I mean, the CFO role is not easy, and it’s high stress. There’s very high turnover in the CFO world. It’s like a baseball manager almost hired to be fired. That’s the nature of the game. Why do you want to do that? What was your calling to do that?

Jay Ruhm: [00:12:55] I was lucky. Early in my career, I started off as an engineer and didn’t succeed very well. And so, went to – as we used to say in the ’70s – find myself. And I found myself curled up in a ball over in a corner, and picked myself up, and started looking at all different kinds of things, and found the business classes to be easy and fun. And the more I got into it, the more I enjoyed the operating finance role as opposed to accounting. What I like about operating finance is it’s there on the front line of the business.

Jay Ruhm: [00:13:33] As you said before, no, I’m not the one ringing the cash register, but I am the one working with the sales leader to price, and what’s a good deal, and to coach and advise not only the CEO but all of the other department heads as to what makes good financial sense.

Michael Blake: [00:13:57] All right. So, now, I think one of the reasons to bring in a CFO is to get the CEO out of the CFO business, right?

Jay Ruhm: [00:14:07] Yes.

Michael Blake: [00:14:09] To let them do what what they do well. So, if you’re at liberty to do so – We’re going off script again, that’s okay – Talk a little bit about your relationship with Vic. And we know what his strengths are. What did him hiring you enable him to do more of that made Dinova successful?

Jay Ruhm: [00:14:27] In a bootstrapped startup, you have to do everything. And Vic was paying the bills, literally, writing the checks, and keeping track of everything. And so, I took him out of that business. I started paying the bills, keeping the books. That was the very, very beginning, preparing the financial statements, as well as advising on business direction and strategic issues.

Michael Blake: [00:15:00] And then, that enabled him to do more of what?

Jay Ruhm: [00:15:03] At that stage in the business and pretty much throughout, his forte is is marketing, sales and marketing. And so, it really allowed him to work that much closer with the sales and marketing folks and build the business on that side. As Vic and I often joke, I say, “Vic, you take care of the revenue. That’s not my thing. You bring in the revenue. I’ll take care of the expenses and the bottom line and make sure we have a healthy balance sheet.”

Michael Blake: [00:15:34] And as I recall, he is very good at raising capital too, which if you’re to generate revenue, you’d better be raising capital. You’ll have one of those two things in the short trip, right. So, I think, the wisdom of him bringing you in as that internal trust advisor enabled him to get out the things that were not value added from his perspective and really focus on the things that were required for Dinova to ultimately thrive, right?

Jay Ruhm: [00:16:01] Yes.

Michael Blake: [00:16:02] Right.

Jay Ruhm: [00:16:02] Yes, absolutely. One of the things that you mentioned raising capital as a value-add, to a point. When you spend too much time raising capital, you’re not focusing on the business. And one of the things I wanted to do was get Vic out of the capital racing business and raise funds when we had to, when we needed to. And when I say when we had to, it wasn’t to make payroll. Remember debt, from a CFO’s perspective, is a tool if you can lever up the balance sheet from nothing. The example I use is the cost of capital. If your equity costs 30%, then you’re not going to take on a 25% return project. That’s not worth it. But if you can throw a little debt on there at 5% or 10%, you bring that cost of capital down to 20%, then, all of a sudden, you’re 25% projects start to look pretty good, and it lets you do more.

Michael Blake: [00:17:08] And, now, working cost of capital. Now, we’re talking dirty. That’s good. Yeah, the finance geeks are going to really geek out on this. So, I think, a lot of listeners don’t necessarily understand the difference between a CFO and a controller. And many companies, I think, hire a controller and they may decide that that’s enough. But I wonder how many people really understand the difference between a CFO and a controller. Can you explain that difference because they are different roles? The controller typically reports to a CFO if there is one. What are those jobs? How do those job descriptions typically differ?

Jay Ruhm: [00:17:50] Well, it starts right with the skills that are brought to the table. There’s a reason one can major in Finance in school, and one can major in Accounting in school, and they are different. So, it starts right with the skill set. Accounting is very technical, very important. The financial statements are how a business communicates to its audience, its investors. And it’s very, very important that the language of accounting be observed, so that those financial statements mean something. That is the primary focus of a controller is not only the preparation, the debits and credits, also the controls – hence, the word controller – but there are checks and balances that one needs to put in place, segregation of duties. We’re really going to get into it now, Mike.

Jay Ruhm: [00:18:45] When we started, we had our first audit, and I told the auditor, “Yes, I pay the bill. I pay the bills, I reconcile the bank account, and I prepare the financial statements. How’s that for segregation of duty?” Man, there wasn’t any, but that’s what it was. So, the controller is going to build all those processes as the company grows and prepare the company for its first audit, which, by the way, I recommend be done as early as possible. You always want to build the infrastructure ahead of the future growth. You don’t want to find you’ve got all this money coming in, and you can’t control it. That’s a recipe for losing some. And so, that’s the primary focus of the controller.

Jay Ruhm: [00:19:35] The CFO is a broader job. The CFO must be fluent in accounting and all that goes along with it. But the CFO, as we’ve talked earlier in the show, also has to be the internal advisor. Another piece of the CFO job that we didn’t talk about is strategic. And that is, what’s the strategic plan? There’s another function that many folks know is BP&FA, business planning and financial analysis. That falls under the CFO as well. And, oftentimes, in a growing company, the CFO is wearing many, many other hats. I had responsibility for HR. And so, there’s lots of things.

Jay Ruhm: [00:20:25] I had a mentor once, when I was at American Express, a young lad was working for an executive. And he said, “Hey, I’ve got an HR person. I have a marketing person. I have an operations person. And if it’s not HR, marketing, or operations, it’s finance.” And so, the finance is the one place that’s got to pick up all the loose ends. Make sure all the Ts are crossed, and the Is are dotted.

Michael Blake: [00:20:52] Interesting. Okay. So, I’ve never heard the role quite that described and quite that way, but it does make sense of the C-level positions other than CEO as you talked about. It’s the least siloed of any of those functions, right? And I’m reading a lot about the CFO role even changing beyond that as the stereotypical CFO role is you’re the numbers guy. And you leave the strategy to somebody else or the job is to somehow make the finance work with that strategy or advise when the finances will not support that strategy and it must be altered. But I’m seeing a trend where those two roles are now converging. You cannot be a non-strategic CFO and be successful anymore in that role. Do you agree with that?

Jay Ruhm: [00:21:50] I completely agree with that. One of the benefits of being at American Express early in my career is that’s a very, very forward-thinking company. It’s been a leader. What I define as a great company is a company that’s been a leader in its field, top of its game for a hundred years, not 15 or 20, because all of those companies that are leaders in their field and have been for a century are in a completely different business than they were a hundred years ago. How did they do that? Microsoft may very well be a great company, and it is a great company, but their business model hasn’t yet been turned completely upside down. They’re growing, they’re bigger, but they’re not in a completely different business than they were when they started. I think Procter & Gamble has one product that’s a hundred years old, and that’s Ivory Soap.

Michael Blake: [00:22:49] Is that right? I didn’t know that.

Jay Ruhm: [00:22:51] Yeah. Ivory Soap has been around a very, very, very long time.

Michael Blake: [00:22:54] Okay.

Jay Ruhm: [00:22:54] So, right there at the operating level within AMEX, there was a distinction between accounting and a business unit CFO as I was. Now, of course, if something went wrong on an audit report, it landed on my desk. But, generally, I was not involved in the debits and credits. It was BP&FA, and it was an advisory role to the general manager. And that was back in the late ’80s. And the world has since moved much, much more in that direction. And I don’t mean to take anything away from my CPA brethren. They bring a whole lot to the table, and I’ve seen many, many CPAs who are just as strategic as any other CFO, and they make great CFOs.

Michael Blake: [00:23:51] So, I was going to kind of ask this. Historically, there’s been this dichotomy or this distinction that you either had a CFO who is a real accounting wiz, or you had a CFO that really understood finance, could have conversations with bankers, venture capitalists, and so forth, set up financing schemes, and you really couldn’t have both in the same individual. So, you had one of the other, and you chose that role depending on how the organization shakes out, and what their particular goals and needs are. Is that distinction meaningful anymore?

Jay Ruhm: [00:24:36] Yes, it still is.

Michael Blake: [00:24:38] Okay.

Jay Ruhm: [00:24:38] Because as we were talking earlier, when I described the differences in the roles between what a controller does and what a CFO does, they’re still extremely vital to the company. And even a CPA and CFO. And I know many of those, they will also have a controller work for them, so that they’re not totally focused on that, and they free up some time to do the advisory role and the strategic role that’s required of a CFO today.

Michael Blake: [00:25:14] Okay. So, do you have a story out there where you, as a CFO at Dinova, what’s an example where you felt like you made the greatest impact on the company?

Jay Ruhm: [00:25:28] That all comes back in my view, ultimately, to a leadership question. And it’s much more about leadership than it is about necessarily technical finance. So, as we were growing, it had been my approach to prepare the infrastructure for the growth, so that when we had outside funding coming in and needed to deliver audited financial statements that we had the processes and procedures in place, and how would I get that done.

Jay Ruhm: [00:26:05] And in leading a team it wasn’t me. I was fortunate enough to have a dedicated team of professionals, great, great people who I keep in touch with, of course, who I would set the guiding way, and said, “Okay, we need to-” A great example is the implementation of NetSuite. We were on QuickBooks Online. Just didn’t meet our needs. A great product, we used it for many years, but we needed something much, much more. And I wanted online, which, at the time, QuickBooks didn’t have. QuickBooks would have meant a server. I didn’t want that.

Jay Ruhm: [00:26:42] So, we went with NetSuite, and it gave us a lot more flexibility in terms of analytics. It gave us great, great efficiencies, and that had a huge impact because it allowed us to grow and build the finance team and structure and get all those things done.

Jay Ruhm: [00:27:07] Well, I always had my eye on, what’s a world class finance organization? What is it as a percentage of the expenses or the headcount? And my research indicated it was something less than 10%. I wanted less than 10% of the resources of the company going to the finance and the infrastructure. And so, that was the target. And to do that, like I said, it comes back to the team and the leadership. And in leading a team, you set a direction, you leave your door open, and then you get the hell out of the way and let them go to work.

Michael Blake: [00:27:50] So, all right. So, I think this is drawing out a very important point because, I think, many folks, especially if they have not hired a CFO before, we equate CFO with accounting first; finance second, ironically, but there are intertwined. But what’s coming out of this is that it’s not about how much money you have to count. It’s not about how complex your finances are, but do you need somebody else, or you always need somebody else on the team who is a good leader who happens to have a skill set in those particular areas. And no firm can ever have too much leadership, right?

Jay Ruhm: [00:28:36] Right. There’s an old saying, and you mentioned it earlier, you said a CFO can be expensive. I would suggest that it’s less expensive than not having one.

Michael Blake: [00:28:50] Because things get missed, right?

Jay Ruhm: [00:28:53] Yes.

Michael Blake: [00:28:53] And people don’t get led. And when you’re in a startup position particularly, right, you can outspend your mistakes.

Jay Ruhm: [00:29:04] That’s true. And I’m going to relate it back to the advisory role. Every small company tries to get a good board of advisors, but they’re external people. And the CFO can be the internal advisor, as you pointed out earlier. And how that differs from the external is not only a better understanding of the nuts and bolts of the business, but it’s also a frequency. How often does the CEO get to turn to somebody and ask a question? You make use of the outside advisors, but on a daily basis, it’s the CFO.

Michael Blake: [00:29:44] Yeah. It’s a lonely place, right? So, the CFO makes it a little bit less lonely. I’m curious about your position on this. Of course, in your position with Dinova, where Vic didn’t have the money to pay you right off the bat, you accepted equity as part of that compensation. But even if a company has cash, do you think that ownership of the company in some fashion ought to be a requirement of the CFO, or do you think it matters?

Jay Ruhm: [00:30:16] It matters a whole lot. And my own view is that ownership of the company should be spread as far and wide inside the company as possible. Absolutely critical. What goes along with that, just giving somebody ownership of the company doesn’t mean that they’re always going to act in the best interest of the company. And I’m not suggesting malfeasance. What I am suggesting is a simple lack of knowledge. When you give a financial device or implement such as a share of stock to an HR manager who is not very terrifically skilled in HR matters, but not in finance-

Michael Blake: [00:31:01] They’re not Warren Buffett necessarily.

Jay Ruhm: [00:31:04] So, what goes along with that is some level of financial knowledge has to be spread along. So, in my view, just a recap, I think as many people as possible should have stock. And when that stock goes out, there should also be workshops and sharing of knowledge of what is finance. And as a valuation expert, Mike, you understand the name of the game for small companies. To get to that exit, you have to understand valuation. What makes the stock price go up?

Michael Blake: [00:31:37] Yeah. Yeah, for sure.

Jay Ruhm: [00:31:38] And it’s more than just making money.

Michael Blake: [00:31:40] So, one of the roles we often associate with a CFO is to be a counterweight to the CEO. That’s stereotypical. Do you find that to be true? And if so, how do you manage that, so the conversations are always constructive and not potentially destructive?

Jay Ruhm: [00:32:14] I would say that’s even desirable, Mike. You want a yin and yang. There’s no better role for a CFO than to have the classic entrepreneur as the CEO. That CEO is going to do a lot of things that the CFO just can’t. They’re not in the toolkit, right? And that’s where the advisor and the relationship comes in. There has to be healthy discussions. Not every entrepreneur can bring in a CFO that they knew for 25 years. You’re going to have to hire somebody who you previously didn’t know. However, you’ve got to start building that relationship immediately, and there has to be that healthy give and take.

Michael Blake: [00:33:06] And one thing, often, in observing how you manage that, I don’t recall a story of you ever telling Vic no but rather responding to a decision and saying, “Here’s what the impact is.” And we’ve said that we’ve had certain goals. In your case, it was on a certain amount of cash in the account, right, certain amount of safety. And if we do it this way, it’s going to take some of that safety away.

Jay Ruhm: [00:33:37] I would say yes to both. I don’t often retell stories of when I’ve told Vic no, and I’ll let him tell you how many times he’s heard me say no, but it’s always followed up with, “Here’s why.” I would not trade away the classic entrepreneurialism that Vic brought to the table-

Michael Blake: [00:33:57] Sure.

Jay Ruhm: [00:33:58] … for anything.

Michael Blake: [00:33:59] It was critical.

Jay Ruhm: [00:34:00] It was absolutely critical to the growth of the business. So, that’s where our healthy discussions came in is, “You want to do what?”

Michael Blake: [00:34:11] But you didn’t always agree necessarily right off have to achieve a consensus somehow.

Jay Ruhm: [00:34:16] I would say most of the time, we came to consensus. And there were times where he would take my advice and not do something. And there were other times where he would say, “Nope, we’re doing this, and I’m pulling rank on you.”

Michael Blake: [00:34:38] And that happens.

Jay Ruhm: [00:34:39] That absolutely happened. And you know what, didn’t hurt my feelings at all.

Michael Blake: [00:34:42] That’s the NFL, right?

Jay Ruhm: [00:34:43] Yup.

Michael Blake: [00:34:46] So, one last question I want this could be a two podcast. But do you think about part CFOs? There are a lot of those services around, fractional CFO services. Is there a useful role for providers, advisors like that to you’re not quite sure about if  want a CFO full maybe you don’t feel comfortable financial commitment, or do you think you’ve just got to  the Band-Aid off and just go?

Jay Ruhm: [00:35:19] No. I think, there’s a role for the fractional CFO. There absolutely is. What I would advise in a relationship with a fractional CFO is that you don’t have that CFO doing the accounting.

Michael Blake: [00:35:36] Really?

Michael Blake: [00:35:37] Why?

Jay Ruhm: [00:35:40] Because I would want that CFO going over business plans, making forecasts, understanding the business, and advising. I would have an outside CPA or a bookkeeper. What many, many businesses do when they start up is get that accounting piece done. I would keep that away from the fractional CFO, just so that I’m not spending my resources having the CFO doing that.

Michael Blake: [00:36:12] And in effect, spending $250 hour and a $60 an hour skill set, among other things. Right?

Jay Ruhm: [00:36:18] Yes. That’s a good way to describe it.

Michael Blake: [00:36:20] And I think I’ve seen this too is that, sometimes, a CFO will be hired, but then they’re doing the wrong not doing CFO things. And that’s not great either.

Jay Ruhm: [00:36:36] Yeah. There is a balance that has to be struck between where the CFO spends their time. As you recognized right up front, we’re not the ones who make the cash register ring, but I sure want to help make it ring. And if I’m preparing a financial statement, which I did in the beginning because I had to, when I’m doing that, I’m not out meeting a customer.

Michael Blake: [00:37:06] Right, okay. This has been great. We have all kinds of other things we could cover, but we can’t cover this topic exhaustively. If somebody wants to follow up with you and ask about some of this, can they do that?

Jay Ruhm: [00:37:27] Absolutely.

Michael Blake: [00:37:27] So, how would they get a hold of you?

Jay Ruhm: [00:37:30] Best way to do it is through e-mail. I’m at Gmail. It’s my name followed by the number one. So, it’s jayruhm1@gmail.com.

Michael Blake: [00:37:42] All right. Very good. Well, that’s going to wrap it up for today’s program. I would like to thank my good friend, Jay Rhum, so much for joining us and sharing his expertise with us on this CFO issue. We’ll be exploring a new topic each tune in, so when you’re faced with your next business decision, you have clear vision when making it. Again, if  you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: controller, Dayton business advisory, Dayton CPA, Dayton CPA firm, dinova, financial statements, Michael Blake, Mike Blake

Decision Vision Episode 5: Should We Use Data Analytics in Our Business? – An Interview with Angela Culver, Mobile Labs, and Micky Long, Arketi Group

March 7, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 5: Should We Use Data Analytics in Our Business? - An Interview with Angela Culver, Mobile Labs, and Micky Long, Arketi Group
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Angela Culver, Micky Long, and Michael Blake

Should We Use Data Analytics in Our Business?

It’s a question for which all businesses should have an affirmative answer. Businesses large and small have all the means to collect and store significant amount of data on every aspect on their business. In this interview with Decision Vision host Michael Blake, Angela Culver and Micky Long argue that business success in coming years will be determined by a company’s ability to analyze the data they collect.

Angela Culver, Mobile Labs

Angela Culver

Angela Culver is the Chief Marketing Officer of Mobile Labs.  Since the first install in 2012, Mobile Labs remains the leading supplier of in-house mobile device clouds that connect remote, shared smartphones and tablets to Global 2000 mobile web, gaming, and app engineering teams. The company’s patented GigaFox™ is offered on-premises or hosted, and solves mobile device sharing and management challenges that arise during development, debugging, manual testing, and automated testing. A pre-installed and pre-configured Appium server with custom tools provides “instant on” Appium test automation. GigaFox enables scheduling, collaboration, user management, security, mobile DevOps, and continuous automated testing for mobility teams spread across the globe and can connect cloud devices to an industry-leading number of third-party tools such as XCode, Android Studio, and many commercial test automation tools. For more information please visit www.mobilelabsinc.com.

Micky Long, Arketi Group

Micky Long

Micky Long is Vice President and Practice Director, Lead Nurturing at Arketi Group. Arketi Group is a public relations and digital marketing firm that helps business-to-business technology organizations accelerate growth through intelligent strategy, public relations, messaging, branding and demand generation. Consistently recognized by Chief Marketer magazine as one of the nation’s “B2B Top Shops” and a “Chief Marketer 200” firm, Arketi helps its clients use marketing to generate revenue. Companies benefiting from this approach to B2B marketing include Cox, First Data, Featurespace, Mobile Labs, NCR and Snapfulfil. For more information, call 404-929-0091 ext. 210 or visit www.arketi.com.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

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Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions, brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Michael Blake: [00:00:22] And welcome back to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we will discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we will talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:41] Hi. My name is Mike Blake, and I’m your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:06] And, today, we’re going to talk about making customer data analytics an integral part of your business. And this is a topic that, I think, we’re only, as a community, as an economy, scratching the surface of. American society sort of runs away from math. We kind of run away from numbers. We know what the educational data are out there in terms of our general math capability, but the fact of the matter is, now, if you’re running away from numbers, you’re running away from business. And like it or not, if you want to be successful, you’ve got to get comfortable with data analytics, with data collection, with data science.

Michael Blake: [00:01:52] But that’s an intimidating decision because what I’ve observed – and we have experts here that will say if this is right or not – people are having to fundamentally change how they are thinking about their businesses. They’re changing their business models based on data analytics, and they’ve had to move towards kind of a fact-based, scientifically-driven decision making process that the age of, sort of, the crusty executive that just flies by the seat of their pants and makes gut decisions, takes gut decisions on major points of interests or points of issue, that is rapidly disappearing. So, this is a very interesting topic, a very important topic, and one that I hope that you, as a listener, will listen to very carefully.

Michael Blake: [00:02:37] A little bit of data here. With predictions that by 2020, there will be 1.7 megabytes of data created for every person on earth every second. I’m old enough to remember one when all the data would fit on a half of a megabyte floppy disk. I still have a computer that does that. And now that that data is being created at that rapid rate, there’s no doubt that we’re in the age of data-driven business.

Michael Blake: [00:03:08] Businesses of all sizes, all markets, and all customer types simply must get a handle on the information generated by business transactions, internet behavior, and simple day-to-day activity. Those who understand and find ways to manage this endless and growing data flow will flourish. Those who don’t are destined to drown. And I couldn’t agree with that more.

Michael Blake: [00:03:30] We’re being joined by two guests today. Our first guest, not concurrently, but I’m just going left to right as I sort of see across the microphone, is Angela Culver. Since the first install in 2012, Mobile Labs remains the leading supplier of in-house mobile device clouds that connect remote shared smartphones and tablets to global 2000 mobile web gaming and app engineering teams.

Michael Blake: [00:03:55] The company’s patent of GigaFox is offered on premises or hosted and sells mobile device sharing and management challenges that arise during development, debugging manual testing and automated testing, a pre-installed and pre-configured IPM server with custom tools, provides instant-on IPM test automation. GigaFox enables scheduling, collaboration, user management, security, mobile dev ops, and continuous automated testing for mobility teams spread across the globe and can connect cloud devices to an industry-leading number of third-party tools such as Xcode, Android Studio, and many commercial test automation tools. Angela, thanks for joining us today.

Angela Culver: [00:04:35] Thank you.

Michael Blake: [00:04:36] We’re also being joined by Micky Long of Arketi Group. Arketi Group is a public relations and digital marketing firm that helps business-to-business technology organizations accelerate growth through intelligent strategy, public relations messaging, branding, and demand generation. Consistently recognized by Chief Marketer Magazine as one of the nation’s B2B Top Shops and a Chief Marketer 200 Firm, Arketi helps its clients use marketing to generate revenue. Companies benefiting from this approach to B2B marketing include Cox, FirstData, Featurespace, Mobile Labs, NCR, and Snapfulfil. Micky, thanks for joining us.

Micky Long: [00:05:14] You’re welcome. Glad to be here.

Michael Blake: [00:05:16] So, you guys are tag teaming today. You guys, obviously, had a relationship. Talk about that relationship. How did it start? How are you guys working together?

Micky Long: [00:05:26] You want to go first?

Angela Culver: [00:05:28] So, I actually inherited Arketi. I joined Mobile Labs about four months ago, and they were the agency of hire. I know one of the founders of Arketi. He’s been in my network for quite some time and was, actually, introduced to Mobile Labs through Mike Neumeier. I’m a data-driven marketer. Mike is all about numbers as well. He has built a practice, a marketing agency practice around that. So, there has definitely been synergy. I met Micky about four months ago. And we’ve had a great relationship. He is one of the drivers. I see him and his team as my extended marketing team, and they help me execute almost on daily tasks for what we need to get done.

Micky Long: [00:06:22] Yeah. As you say, we are a company that believes in the data. Everything we do is built around data. And having Angela at Mobile Labs has been really refreshing because with her approach, it really, really works much better than if you’re dealing with an organization that perhaps doesn’t have the same focus and commitment to making the data work for you.

Micky Long: [00:06:40] So, marketing has changed. Marketing over the years goes back to the way — I go back as far as to say I remember the days when marketing and advertising was built around I know that of every dollar I spend, I’m going to waste 50 cents of it, but I just don’t know which 50 cents. Well, those days are really gone. We have the tools, we have the data streams, we have all those things today that we can measure it. We just, now, have to figure out how to put it into practice and make it work.

Michael Blake: [00:07:05] Yeah, that’s a great point. So, I’ve heard that expression before. I mean, that’s just not acceptable anymore to say you’re going to waste 50% of your money, right?

Angela Culver: [00:07:14] Yeah.

Michael Blake: [00:07:14] But it wasn’t that long ago when that was sort of considered acceptable losses, right? But, now, for most well-run businesses, if you tell somebody, “Hey, look, I need $5000. We’ll do well to get 2500 bucks of value of.” You’ll be laughed at out of their office at this point, right?

Angela Culver: [00:07:33] Absolutely.

Michael Blake: [00:07:33] For most mature businesses, right?

Micky Long: [00:07:35] Right.

Michael Blake: [00:07:35] There are others, I’m sure, that haven’t gotten the program yet. So, where’s this data coming from? Data is hitting us from everywhere. I’ve got Amazon Echoes in my house, I’ve got a smart home, I’ve got cameras every place. Pretty much anybody on the planet who wants to know anything about my habits, they know it all, right. Where’s the data that you’re working with coming from?

Angela Culver: [00:08:03] So, we’re inundated with data. It truly is coming from all different sources. Everything that we do is tracked, essentially. My iRobot tracks and mops my house and becomes more intelligent on how it needs to vacuum my floors. Your Echo tracks your behaviors and delivers products to you that is more succinct with what you want.

Angela Culver: [00:08:38] It really is coming from everywhere. We are in a situation where we are living in a world, especially in business, where the mindset is the more data I have, the more I rule the world. And we’re about to take a bit of a shift with this. It’s no longer how much data you have. It’s how you use that data and why you’re using that data. And we’re starting to see that shift happen where our big data is just too big for us to manage and for us to actually use intelligently. And, now, we’ve got to focus on the quality of the data.

Micky Long: [00:09:17] It seems to me it’s kind of gotten to the point now there is so much data available. It’s like living in a library where all the books are in a foreign language.

Angela Culver: [00:09:25] Yes.

Michael Blake: [00:09:26] Right? And there’s so much of it that you cannot possibly use at all. And 20 years ago, companies would be begging for this kind of data. They thought they died and gone to whatever heaven it is they believe in. And, now, it’s an embarrassment of riches. They’re so much coming from all sides. Is it fair to say the first step is kind of wrestling that steer to the ground, and hog tying it, and just trying to organize it?

Micky Long: [00:09:56] I think you have to start with the goals of your own business. And this is where we see because we deal with a lot of companies helping them try to figure this out. And what we typically find is companies start at — Usually, they start at step two or three. And what is missing is the initial step of saying, “Okay, I’ve got all these data streams, but what from a business standpoint do I really want to accomplish with this? What can I do? What do I want to do? Assume I have everything, but what do I want to do?”

Micky Long: [00:10:22] And figure a plan based on that because once you have your strategy, then you can plug in what you’ve got. If you don’t do that, you go back to sort of just thrashing about. And we see a lot of thrashing. Companies have not really mastered that yet. That’s one of the things that we’re working with Angela is to figure out how the process is supposed to work. So, I think that’s the key. That’s the first step you’ve got to look at.

Michael Blake: [00:10:43] So, is there a particular kind of data that you find is the most often overlooked? There’s just a goldmine sitting right there in front of people. They just walk by it every day, not realizing they’re walking past a goldmine.

Angela Culver: [00:10:55] Yes. So, especially in B2B, one of the most overlooked data sources or types of data is emotional and behavior data. From a marketer, we all buy from people. We buy products. And for the longest time in B2B, there was a sense that there was no emotion in the buy. There’s always emotion in the buy because you are buying into a relationship with another organization, and you’ve got an entry point of the person.

Angela Culver: [00:11:28] Tracking that type of information, it’s been difficult. It’s much like unstructured data. We’re inundated today with unstructured data. Figuring out how to manage it is a bit reminisce of about 20 years ago, 15-20 years ago, of how you manage transactional data. Everybody wanted very structured data, non-changing. It stayed essentially in its format and didn’t it morph into something else like transactional data. And, now, we’re looking at that in an unstructured data. But within the unstructured data, the gold mine is understanding how to use the emotional behavior components.

Michael Blake: [00:12:17] All right. So, you said something really cool I want to come back to because I think there’s a very important vocabulary point, but this notion of of emotional data is really fascinating. And I’m in finance, and emotions have finally worked its way into what I do. It’s called behavioral economics or behavioral finance where academics and I are asking, “Well, what if everybody doesn’t make the right decision all the time?” Well, we never thought of that. Well, let’s start thinking about that.

Michael Blake: [00:12:43] Is emotional data, is it as simple as, “It’s 10:00 at night, and I stress eat, so I know I’m going to Taco Bell,” or is it, “I’m more likely to make impulse purchase because I’m depressed or I’m an insomniac. I’m up 2:30 in the morning watching QVC or Home Shopping Network”? Is it as simple as that or is it — Where else does that kind of show up?

Micky Long: [00:13:07] From my perspective, one of the things that is really interesting is you, now, with the tools and the ability, you have the ability to track behavior enough that I’ll eventually know more about you than you know about yourself. So, I know what behavior you take. And we often tell people, and this is somewhat overlooked when you’re looking at just crunching the numbers, if you want to find out what people are about sometimes, one of the easiest ways to is to ask them because from a behavioral standpoint, they’ll tell you. If you ask the right questions, they’ll tell you.

Micky Long: [00:13:35] A lot of companies we work with will do why they won analysis of sales, but what they don’t do is they don’t do the loss sale analysis. They don’t say, “Why did somebody either did not buy my product in favor of somebody else’s or just not buy anything at all?” And knowing that information to balance that scale is critical if you want to drive additional sales from learning what the behavior was that was going on in your prospect’s mind when they made the purchase decision, or they didn’t make a purchase decision.

Michael Blake: [00:14:02] And that requires behavioral changes of itself, right, because a big part of what I do is in sales, and learning a new engagement candidly is an endorphin rush. I like it. I never thought I’d enjoy sales as much as I do because I’m a natural introvert. My wife always says if they ever do a Mars mission, I’m going to be first one. Like I’m going to be a tin can with no way to talk to for seven months.

Angela Culver: [00:14:28] Yeah.

Michael Blake: [00:14:28] I am in. Radiation be damned, but that on the other side, it’s human nature to focus on the positive. But as Bill Gates is famous for saying, “Success is a lousy teacher. It’s learning from the places where you failed,” but that’s hard to do. So [crosstalk].

Micky Long: [00:14:45] I think, you learn more about it from why you failed if you really look at it that way because, again, we all believe that what we’re selling is wonderful, and it solves a problem for people, and what have you, and everybody should buy it, but not everybody does. So, learning why they didn’t is really the key thing. To me, that’s the most interesting data points that you can pull out of things. And, now, with the tools we have, we don’t have to do a one-to-one conversation each time. The behavior is out there for us to kind of measure and pull together. And it makes it much easier.

Michael Blake: [00:15:16] But, as a company or as a decision maker, you’ve got to have the courage to dive into the failure.

Angela Culver: [00:15:23] Absolutely.

Michael Blake: [00:15:23] And I think, Angela, you’ve told me stories about that with people that have basically made that kind of change in terms of their attitudes and approaches to things that it really drives it.

Angela Culver: [00:15:34] Yes. Emotional type of data can be seen as abstract. And I’ve learned over the years, I started off my career in technology and business intelligence, BI tools. And I went through the dot com boom, and then immediately the bust. And I realized very quickly that in order to keep my job, I had to become a data scientist. And then, I had to teach my team and my customers how to be that as well. One thing I realized is that marketing has really started taking this shift.

Angela Culver: [00:16:10] I seem to take it probably a little earlier than most folks, but, now, everyone needs to be a data scientist in marketing. And I use the scientific, basically, approach. I create a hypothesis, I formulate what my end result is going to be, I use math to manage and monitor that result that I’m anticipating. And with emotional behavior data, you’ve got to do the same thing. You’ve got to understand how you’re going to use it to make business decisions, and you’ve got to put a stake in the ground to start with. I find that a lot of people find this intimidating initially until they start working through this process. And it is all about a process, putting a process in place.

Michael Blake: [00:17:02] So, you mentioned something a little while back, but I think it’s important vocabulary, structured versus unstructured data.

Angela Culver: [00:17:09] Yes.

Michael Blake: [00:17:09] What does that mean? What is the difference?

Angela Culver: [00:17:11] So, unstructured data would be e-mail, or Slack messages, or Instagram feeds, or video content where you’re — I’m going to throw another word out there, where you’re managing it through metadata, which is essentially data about data. You’re giving a description. But the core information content is not in a table column field format that’s easy to search on. You’re doing more of a, I would say, free-form find and search.

Micky Long: [00:17:52] And the tools are getting better. And there’s a lot of the — We’re starting to see the prominence of artificial intelligence coming into data management and things like that that are giving us the ability to sort of go after this unstructured data and start to pull it together in ways that we didn’t have before. But it’s still early stage on that. But it’s a matter — You still have to do both because there’s a lot of unstructured data that factors into the process that you’ve got to consider.

Michael Blake: [00:18:15] And that unstructured data has a lot of really cool stuff. It’s harder to use because it’s unstructured. But like so many things, the thing that’s most valuable requires the most effort to monetize. So, yeah, I suspect almost anybody who’s listening to this podcast has read an article, Harvard Business Review, McKinsey Quarterly, whatever it is, you got to get on data. You got to get on data. Does that apply to any sized company? Like if I’m a small, three-person, graphic design shop, do I need to get on top of data, or is this something that only applies to the NCRs of the world, the Coxes of the world, and so forth?

Angela Culver: [00:19:02] Yes. Everybody needs to have an understanding of their data. You’re not too small. You’re definitely not too big. The biggest challenge I’ve seen over the course of my career is that companies start too late. They start during a growth acceleration period. And at that point, they don’t have the historical data captured to help them make decisions to properly forecast on growth. How many leads they need to have? How many leads turn into sales opportunities that, then, turn into closed one? They’re having to back step, and capture the data, and hoping that their intuition is going to guide them in the right direction while they’re going through growth acceleration.

Angela Culver: [00:19:50] So, I believe you start the minute that you open your company doors. Do you have to have so much sophisticated technology? No. You can start with a spreadsheet, but you have to have a plan. That’s the number one thing that you have to go to the table with is having a data management plan. And you need to be looking at where you need to go two quarters from now, but also a year from now, versus five years, so that you can grow and manage your data strategy according to the company growth.

Michael Blake: [00:20:27] It’s a whole lot easier when you’re small.

Angela Culver: [00:20:29] Yeah.

Micky Long: [00:20:30] Yeah.

Michael Blake: [00:20:30] … than when you get bigger.

Micky Long: [00:20:30] That’s right. It really is. And so, if you get the right things, it’s like a lot of other things, if you set the discipline up on the early stage, and you put the processes in place that are going to drive it, it’s a whole lot easier than trying to come back and backfill as Angela mentioned when you get larger or when you’re going through a growth stage. That’s a challenge.

Michael Blake: [00:20:50] I don’t know this for sure, but it makes intuitive sense. As you grow the data inflows become exponentially greater, right? And it’s just it’s harder to wrestle that loose firehose off the ground and do something with it. You haven’t developed habits. And then, I’m guessing, I do a lot of work with startups, when you do hit that high growth, when you haven’t put in that discipline of data analytics yet, it’s hard to kind of stop and make yourself do that when you have five prospects wanting to get a proposal right away, right?

Angela Culver: [00:21:22] Absolutely.

Michael Blake: [00:21:22] And the next thing you know, it just never gets done. Until then, it becomes such a big problem you can never tackle, right?

Micky Long: [00:21:27] Yeah. Let me give you a really, really quick example of what you were just talking about. A lot of companies spend a good bit of time trying to make sure they capture their information about prospects into a program like Salesforce. If they don’t have the discipline set up on the early stage to identify, “How are we going to manage the titles of these prospects that we’re using or the functions of these prospects?” and they allow that to go on for a while, you could end up-

Michael Blake: [00:21:54] We had a client, for example, and a couple of years back that will remain nameless that when we went in to try to find out how to segment to do a better job of marketing, they had 375 different types of titles in their Salesforce program because they never forced their salespeople to consolidate. So, if I was the vice president of stuff in my organization, that’s what went into Salesforce. But the vice president of stuff is not really something that you could really sort on.

Micky Long: [00:22:24] So, the reality is as it gets larger, and as your database gets larger, this company had 100,000 people in their database when we started to look at this. It was a phenomenal problem, a very expensive problem to fix. So, if you start early, and put the discipline process in place early, when you have 25 people or 100 people, it’s a whole lot easier to deal with.

Michael Blake: [00:22:45] Yeah. Our firm is a case study as well. We’re starting to go back now and trying to understand basic things about our clients. What industries are they in? And can we associate them with [makes] codes, so we can start doing some kind of categorization, and some geographic analysis, and income levels, very basic stuff.

Michael Blake: [00:23:05] But we’ve been in business 60 years. The easiest thing to do is to cache that stuff and make people put that on the client intake form. But then, you try to go back and capture. You’re trying to ask a partner who’s building it 400 bucks an hour, and it’s busy tax season. Like, “Hey, can you verify these 80 different clients?” Like, “No, I can’t. I mean, I understand you need this data, but I’m not going to tell — which client do I tell their tax return doesn’t get filed because I’ve responded to your data request.” It’s because 65 years ago, nobody thought about this. But, now, we have to go back. It does become 10 times harder.

Michael Blake: [00:23:42] But let’s say you do have a clean slate, and start a company called Donut Shop. What’s the most — What are the pitfalls or how do I get started? Sorry, this. How do I get started doing that, right? I think about data, open the door day one. What’s my to-do list?

Angela Culver: [00:24:04] So, I always advise people to start with the company goals. What are your company goals? What are you trying to achieve within this first calendar year? And then, how do you need to make those decisions whether it’s successful, failure, or neutral? And then, from there, start building an alignment with the type of data that you need to help you manage to those goals.

Angela Culver: [00:24:35] Data is not the only thing that you’re using as a resource, but it should be one that allows you to create predictability. Most of our data is still historical. So, if you’re just starting, then you really need to identify your company goals, so that you can start mapping. And a lot of times, I advise people to start with a free technology. Start with a spreadsheet and just start identifying some of those metrics that will help you move towards that.

Angela Culver: [00:25:09] Being in marketing, I focus more on that. So, I’m looking at, what is it going to cost me to acquire a customer? What’s my cost per lead? What are my retention rates? How many products am I selling by month, by quarter? Do I have any slow periods? What is the actual selling price on average, and the time for payback as well? Not just marketing but overall cost of the company. Those are some fundamentals that I look at initially. As you drill down, you’ll see that you have website metrics that roll up to that. You’ll have advertising metrics that roll up to that. But it all starts with company goals. Micky, what do you think?

Micky Long: [00:25:59] Yeah, you have to have them. And the other part of this is you can’t go too far too fast. What I mean by that is you have to — I would say the way I would put it is you have to figure out the appetite of your company for this because if you try to bite off too much and go way down the path, you’re not going to win. You’re not going to be able to do it, and you get frustrated, and somebody’s going to throw up their hands and say, “Well, that was a wasted exercise.” And it isn’t. It’s just that you tried to do too much. So, the idea of having a plan based on your business goals and taking steps along the way, so you create milestones is really the way to sort of do it in stages, so that you’re not trying to eat the elephant all at one time. So, that’s an important consideration.

Michael Blake: [00:26:40] So, there’s something to be said about being incremental and that-

Angela Culver: [00:26:42] Yes.

Micky Long: [00:26:42] Absolutely, absolutely.

Michael Blake: [00:26:43] Otherwise, you’re so intimidating, like, “Yeah.” You’re just sort of-.

Micky Long: [00:26:44] And if you try to do too much too fast, this is where you run into problems with something that nobody from the marketing side, anyway, wants to hear about, which is the data quality issues. So, that’s a real problem for clients now, for companies that are trying to deal with this because as the data flow comes in, and this data gets into their systems, if it’s not set up right the first way, if it’s not cleaned regularly, what you’re going to end up with is the dirty data issue, which costs companies millions of dollars to sort of struggle through. And that’s a big problem that it’s out there because if you run it too fast, you’re not going to have the discipline to sort of figure it out.

Micky Long: [00:27:22] So, I could be in your system as Micky Long, Micky L. Long, M. Long, or something else, and how do you know it’s all the same person? So, if you don’t have those things figured out, the tools and the processes, you’re not going to get there. So, you really have to make sure that you put the emphasis on ensuring that the data that you have in your system is clean. That’s a big consideration.

Michael Blake: [00:27:44] And the data collection itself, I think, to a degree, needs to be non-intrusive too, right? I’m old enough to remember RadioShack. And RadioShack used to be able to get cool stuff. I want to fix my TV, I want to get a remote-controlled car, you go to RadioShack. But, golly, the thing I always dreaded was that they would insist on taking my phone number every time I went in. Every time, which meant they took it. So, they wanted it, presumably, to know the geographic distribution of their customers, but they never hung onto it. There’s nothing — And, I think, the technology is not available that there is a central database to which they could connect, right?

Michael Blake: [00:28:30] If you think about it, if we had that barrier to kind of mechanically cough up our data every time we bought something, we’d never buy anything. We’d all live on some sort of agricultural economy and just share things with each other because the time costs of going into Kroger, and share, and getting our blood drawn is just not worth it, right?

Angela Culver: [00:28:49] Yeah.

Micky Long: [00:28:50] But the reality of that is I often had this this conversation with my kids, there is more data about you, and there are more people out there that know more about you than you’ll ever imagine. So, we’ve given up a lot of our data freedom, if you will, because of the exchanges we made. So, the reality in my mind is it’s there. Why can’t companies put it together and make sense of it? So, why can’t I walk into a Publix or a Kroger, and as I’m walking down the aisle with my mobile phone, have them immediately start feeding me offers about the dog food that I bought last time I was in the store or the competitor’s dog food with a special opportunity to try it?

Michael Blake: [00:29:29] All of that exists. All of that data is there at all of the stores. This is what Angela’s company does is help companies with these mobile applications. So, the applications are there. The data streams are there. Why haven’t they put it together? That’s, I guess, the big question is, why haven’t they figured out how to join A to B to create a really strong environment? Because they build better customer interactions that way, along with higher revenue.

Michael Blake: [00:29:54] Is part of it because maybe the data tools themselves are just prohibitively expensive, intimidating?

Angela Culver: [00:30:01] So, intimidation is probably one key. So, if we just look at MarTech alone, in 2018, there were over 8000 types of technology in this space. So, if you look at the Loomis Escape, you need a magnifying glass to actually see the logos now on the sheet. About five years ago, I think, we were at about 600 companies. So, the space has grown considerably. So, there’s more options than you know what to do with.

Angela Culver: [00:30:33] And a lot of companies start with, “Okay. I’ve got this huge dataset. I know I have all the answers in this dataset. So, I need to run out and buy the technology to support that, and be able to mine it, and digest it.” The problem is they start with the how. They go out and buy this complex system, multiple systems, integrated together, but they never really understand why they’re doing it and what they’re trying to solve for.

Angela Culver: [00:31:03] So, they put in these systems. They’ve got the technology to find the answer, but they don’t know what the answer they’re looking for. So then, they start breaking it apart and going backwards. So, we see this shift in companies quite a bit just because they didn’t start with the plan initially to figure out what they wanted. So, if I went into a grocery store, and they had an aisle that said, “Angela, here’s all the products you want. And this is what you typically buy,” or they packed my bags for me, they have all that information, and they could manage that if they wanted to create that type of a customer experience for their customers.

Micky Long: [00:31:50] Amazon’s doing it. You look at what Amazon does. When you go to Amazon, you buy something from Amazon. And so, for the next lifetime, you’re going to get recommendations from Amazon based on the products you’re buying. So, they’re using that same kind of technology with the data from previous sales to give you a better user experience. And that’s what it’s all about is trying to make the user feel more comfortable, more personal, and more engaged with the brand of the company.

Micky Long: [00:32:14] And that goes across, I think, companies from the three-person company that starting out as a very boutique-oriented company to a large organization. It’s trying to just keep things going in the middle of the road. So, whether you’re large or small, you really want to build that brand. So, it’s all about customer experience.

Michael Blake: [00:32:32] Now, there’s the tool out there. And that makes sense. I mean, if you have a mismatch tools, it’s like buying a Tesla. And then, all of a sudden, realizing you really like to do off-road stuff, and you think it’s the Tesla’s fault, right.

Angela Culver: [00:32:45] yeah.

Michael Blake: [00:32:46] Well, it’s not. You just you didn’t buy a truck. So, the other side of the coin is the skills, right?

Angela Culver: [00:32:54] Right.

Michael Blake: [00:32:54] Not everybody has taken a course in statistics. And many who did like me 20 years ago in my MBA diploma’s in a caved wall in France someplace, I don’t necessarily remember it. How do you get up to speed or how do you hire for that, find somebody that can make sense of that data and interpret it in a way that becomes useful business information?

Angela Culver: [00:33:16] So, when I’m hiring someone into a marketing operations role, which is traditionally where my data scientists, or analytics person or persons would sit, I am looking for someone that has a science and math mind, and they have a natural curiosity to solve problems with numbers. They’re usually linear in thought, but they’re very flexible to creative ideas. So, they’re a bit different than a financial person that you would see doing accounting or working in the finance department. But I found if — I have discovered that if I find someone that has a knack for science and really likes math, then they can learn the technology and be successful in this job.

Micky Long: [00:34:12] I think, you got to find somebody — Forgive the term. You have to find some that’s a little geeky, somebody that really gets excited over data, the kind of person that kind of runs out of their office and says, “Look what I found,” when they put these two things together, but they really have to I think have a passion for it because if you really want to see what the insights are, you’re looking for something, as you said for that, you want that curiosity, that deep curiosity that says, “If I put A and B together with 1 and 4, what I’m going to show you is this is something you never thought of before, and this is going to help drive our business in a different direction or a different way.”.

Micky Long: [00:34:43] To me, that’s nirvana. That’s what you really want to get out of this is to be able to take these things together in ways people haven’t thought of and say. “That’s going to put us in a new direction. That’s going to really, really light some fires under the sales team to get some high revenue coming in.” And it happens every day. You just have to have the right people.

Michael Blake: [00:35:00] And that sounds a lot like what Angela was describing in terms of that like hybrid of flexibility and linearity. You need the flexibility and creativity to ask the right questions, but then the linearity to answer the question in a process-driven way-

Angela Culver: [00:35:13] Absolutely.

Michael Blake: [00:35:14] … so, that the statistics are meaningful? right?

Angela Culver: [00:35:16] Yes.

Michael Blake: [00:35:16] If we don’t do that, then you get gobbledygook basically.

Micky Long: [00:35:19] Right.

Michael Blake: [00:35:24] What do most companies miss? What are companies most missing out on in data management? What do you think is the most frequent opportunity or biggest opportunity they’re missing out on?

Angela Culver: [00:35:33] I think to go back to when they get started, I think that is a miss that I see quite a bit in a lot of companies where they’re starting too late. They don’t set it as a priority earlier in the business when it can have a huge impact. They’re not treating data as an asset from day one. And that’s a potential mess.

Micky Long: [00:36:02] Yeah. I see two things. Number one, they take the approach that’s incorrect, which is that this is a marathon, it’s not a sprint. You have to be able to do this and have the discipline to do this over the long haul, and not do this as, “Oh, let’s try this for a couple of months. And if it doesn’t quite work, we’ll go back and do something else.” That’s one thing.

Micky Long: [00:36:18] And the other thing is it’s not a marketing exercise for the most part, it’s a revenue exercise, which means you can’t just sort of take the data streams coming in and say, “That’s the prevalence of the marketing organization.” You’ve got to join marketing and sales together for this thing to really work. And that’s something that is still a challenge.

Micky Long: [00:36:36] I remember back in the day when marketing automation tools first started. It was supposed to be the answer to all of our prayers. It was going to be marketing and sales were now, finally, going to get together, and sing Kumbaya around the campfire, and we’re all going to do everything together. And we’re still trying to put marketing and sales people together. And it’s been at least 10 years since that started. So, why has that not happened? It’s because we still have issues. They’re the people issues. They’re not tool issues.

Micky Long: [00:37:00] So, the reality of it is you’ve got to look at this thing holistically and say, “It’s a business issue, not so much that.” So, that’s what people miss, in my mind, that are big things that they don’t look at. It’s the integration.

Michael Blake: [00:37:10] So, do you have a favorite data success story, something really wonderful, spectacular you’ve found that you just did not expect to find in a data exercise?

Angela Culver: [00:37:20] I have two actually. I was working for a company a few years back, and part of what I was hired to do was to increase the brand equity of the company in a relatively short period of time. And when I got into the company, the brand colors were predominantly green and red. And after looking at the customer base, I realized that 80% were male, most of them were between the age of 35 to 50, and 1:10 were color blind, red/green colorblind. So-

Michael Blake: [00:37:59] Oh, yeah. I’ve heard of that statistic. Yeah.

Angela Culver: [00:38:00] Yeah. So, our ads, the call to action were either highlighted in red or green. And the company was losing almost a half a million dollars in advertising cost due to the end user not being able to see the call to action. So, I went into the leadership team, said, “We need to change the brand colors,” presented my data, and within seconds had the approval to change the brand colors. I changed from red/green to essentially green/yellow, citron. And we immediately saw an uptick in the brand value. We went from about 16% to a 25%, which is unheard of, especially with a tech company. So, I wouldn’t have been able to do that without the data.

Micky Long: [00:39:03] So, I can give you one that’s a really simple one hasn’t having to do with database size and the quality of data we talked about before. I had a client that had a base of 100,000 people, and they were doing the classic marketing e-mails and things like that to try to get them in place, and they were having miserable returns, miserable e-mail open rates, and all those statistics you look at. So, what we did was we started doing an analysis. And what we found was there was a large group of these 100,000 that had never opened an email, had never engaged with it, and had never done anything for them.

Michael Blake: [00:39:36] So, what we tried was something very revolutionary for that company, which is we said, “Let’s ignore that 75,000 people in your database that have never touched anything. Just don’t send e-mail to them. Don’t think about them when you’re crafting your messages, and concentrate only on that smaller group, and really refine that smaller group to see what we could do.”.

Michael Blake: [00:39:56] And as you might expect, what’s happening is the company is now seeing a tremendous return on the investment against that smaller group of people. And, now, with better messages and better approaches, they can start to expand out to other people that are like that. And the 75,000 that never did anything, they still sit there, and we don’t do anything with them.

Michael Blake: [00:40:14] So, the reality is it’s a matter of concentrating on the people that are likely to do something and ignore the ones that don’t. And I would predict that most companies, if not all companies, have that same situation in place.

Angela Culver: [00:40:25] We have been dealing with email within our support group. We track at mobile apps, all our support tickets. And we actually get a little worried if we’re not receiving support tickets from our customers because, typically, they’re not using the product daily. One set of support tickets we’ve realized has helped us educate and improve the functionality of the product. So, within our product, we use iPads, telephones, mobile devices. They come in at all different versions. So, you’ll have an iPhone 6, an iPhone 8, and they’re plugged in 24 hours a day.

Angela Culver: [00:41:15] After a certain period of time, you will start seeing battery bloating. And it will slow down the performance of actually testing a mobile application on one of those devices. So, through our support tickets, we started seeing that customers were complaining about battery bloating. So, we actually started sending out information in advance. We knew if they were a customer for six months, and that they were constantly plugged in, that they were most likely going to start seeing deterioration of devices. And we’ve been able to counterattack that through putting out more educational information through emails; where in the past, we would send out promotional materials and emails, and they weren’t getting it, they didn’t want it, but this educational material is actually helping them improve the performance of the product overall. And in the end, it has an impact on retention rates, customer churn. So-

Michael Blake: [00:42:14] Sure, it makes sense. So, okay. So, we’ve talked through a lot of topics here. Some of our listeners are thinking, “Okay, I’m sold. I got to make data part of my business,” where do they start? What’s the what’s the first thing on their to do-list?

Angela Culver: [00:42:32] Start with the goals, set realistic expectations. So, like what Micky has said, you don’t want to try to boil the ocean. Start with what your company can tolerate. So, understanding that if you’re going to set up a marketing data hub, and you need to utilize sales information, understand what the tolerances from your sales team. Putting over 50 required fields in Salesforce for them to fill out every time they have a prospect come in probably might be over their risk tolerance or their ability to handle that initially. Maybe start with five fields if you’re just starting to input data and utilize data. So, setting up expectations would definitely and setting goals would be my first.

Micky Long: [00:43:34] Mine would be just do it. Just stop talking about it, stop thinking about it, stop reading about it. Just go do something because even if the first thing you do isn’t 100% correct, it’s going to get you further than if you just start reading whitepapers about, “Look, I get this data under control.” And that’s what we see is just that inertia is what stops a lot of people because they start looking at all the downsides to it. Just go do it is really what I would recommend.

Michael Blake: [00:44:00] Just rip the Band-Aid off.

Micky Long: [00:44:01] Just rip the Band-Aid off and just go for it.

Michael Blake: [00:44:04] Okay. So, all right. So, again, a lot to unpack here. We’ve only scratched the surface. We could easily make this a three-hour podcast, but not everybody would listen for three hours. So, if somebody wants to learn more, can they contact you and ask you some questions?

Angela Culver: [00:44:21] Absolutely.

Michael Blake: [00:44:21] Would that be okay?

Micky Long: [00:44:21] Sure.

Michael Blake: [00:44:21] So, Angela, why don’t you go first? If somebody wants to ask you about your experience with this, ask you some advice, how would they contact you?

Angela Culver: [00:44:28] So, you can definitely contact me via LinkedIn. That’s my name, Angela Culver, Mobile Labs. Also, my email, angela.culver@mobilelabsinc.com.

Micky Long: [00:44:41] And likewise, my LinkedIn profile is out there for prevalence. And my email is really, really simple. It’s mlong@arketi.com.

Michael Blake: [00:44:53] Okay. Gone are the days, the long strings with nine different numbers behind the at symbol, right? So, thank goodness for that. That’s going to wrap it up for today’s program. I’d like to thank Angela Culver and Mickey Long from Mobile Labs and Arketi Group respectively so much for joining us and sharing their expertise with us.

Michael Blake: [00:45:13] We’ll be exploring a new topic each week, so please tune in so that when you’re faced with your next business decision, you have clear vision when making it. Again, if you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware &c Company. And this has been the Decision Vision Podcast.

Tagged With: customer data, customer data analytics, data analytics, data collection, data flow, Data Management, data science, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, marketing, mobile applications, mobile devices, stored data, structured data, unstructured data

Decision Vision Episode 4: What Corporate Form Should I Choose? – An Interview with Anita Anand, Brady Ware & Company

February 28, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 4: What Corporate Form Should I Choose? - An Interview with Anita Anand, Brady Ware & Company
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Mike Blake and Anita Anand

Choosing the Correct Business Structure

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Anita Anand, Director of Brady Ware & Company on the decision process on a corporate business structure, how recent tax law changes might dictate a change in corporate entity selection, and other questions related to corporate structure.

Anita Anand, Esq., Brady Ware & Company

Anita Anand, Director, Brady Ware & Company

Anita Anand, Esq. is a licensed attorney and has over 10 years of experience consulting with businesses to help them align their long-term business and financial objectives with a tax strategy that minimizes their overall exposure. Anita specializes in technical international, federal, state, and local tax research and consulting. She provides taxpayer representation in matters requiring federal and state private letter rulings and is responsible for international, federal, state, and local technical tax support involving a range of clients and industries. Anita works closely with the tax team to provide quality control in all aspects of Brady Ware’s tax division. Anita is also the author of articles and white papers on various subject matters. She has presented at conferences and led training sessions and initiatives. Anita is a graduate of Georgia State University College of Law.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Michael Blake: [00:00:22] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll be discussing the process of decision making on a different topic. But rather than making strict recommendations because everyone’s circumstances are different, we’re talking to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:42] My name is Mike Blake, and I am your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:07] So, today, we’re going to talk a little bit a hard accounting. We haven’t done that yet on the program. We’ll probably do it in a few episodes along the way. And we’re not necessarily going to get that technical, but this just in, you may have heard that the tax law changed radically at the end of last year that has changed the way that businesses are making decisions and making businesses kind of rethink decisions they may have made last year, five years ago, 10 years ago, 20 years ago.

Michael Blake: [00:01:41] And one of those decisions that when businesses, typically, are started – and maybe they changed along the way – is the corporate form. In other words, are you a C Corporation, and S corporation, you’re a limited liability company, and so forth? And there are many reasons or factors that drive that decision initially. But, quite candidly, one of them is what is your tax liability going to be. And depending on your corporate form – if it’s done correctly, and matches up with how your business makes money, and how you make money from your business – that’s going to drive what form of corporation or what corporate form you decide to take.

Michael Blake: [00:02:21] And what we’re finding at Brady Ware is that a lot of clients now and others are coming to us and asking, “Well, given these changes in the law, am I the right corporate form to frankly maximize or optimize my tax liability?” Nobody that I know likes to pay more taxes than than they absolutely have to. I know I’m not tipping the federal government when I write mine out. But, unfortunately, I know almost zero about it other than what I just talked about for the last 30 seconds.

Michael Blake: [00:02:52] So, we’ve brought in a subject matter expert. And I’m joined by my colleague, fellow director, and good friend, Anita Anand. Anita is a Director at Brady Ware, and she’s a licensed attorney and tax director at Brady Ware. She has over 10 years of experience consulting with businesses to help them align their long-term business and financial objectives with a tax strategy that minimizes their overall exposure. She believes it is necessary to take the time to understand what her business clients have done to achieve the success they have and where they plan to go. She, then, uses her broad knowledge of US and international tax laws to develop strategies and the most efficient tax structure to keep clients fully compliant at the lowest expense.

Michael Blake: [00:03:37] Anita has worked with a broad range of companies including technology, manufacturing, renewable energy, construction, real estate, and many other industries. She has helped them craft strategies to deal with federal state and local taxes, as well as inbound and outbound international tax issues. Along with these day-to-day responsibilities, Anita contributes her expertise to a number of local government agencies, industry organizations, and nonprofits. She is a guest lecturer at Georgia State University and the University of Georgia. Anita is also the author of various articles and whitepapers on various subject matters. In fact, I think she’s the most prolific writer in the firm, and she’s always writing something.

Anita Anand: [00:04:14] You’re so sweet, Mike.

Michael Blake: [00:04:15] She is presented at conferences, authored articles, and led training sessions and initiatives. Anita is a graduate of Georgia State University’s College of Law. And on a personal note, Anita was actually the first person that I met outside of the interview process before I joined the firm. And I remember very clearly that she was kind of one of the first to kind of welcome me, and we’ve latched on to each other because the two of us are the two non-CPAs-

Anita Anand: [00:04:39] That is true.

Michael Blake: [00:04:41] … in the firm at the director level., right. And so-

Anita Anand: [00:04:45] Right, very true.

Michael Blake: [00:04:45] And that-.

Anita Anand: [00:04:45] We got to stick together, Mike.

Michael Blake: [00:04:46] We do have to stick together. But that having been said, you studied tax, I have not. So, it’s just delightful to welcome you to the program. We’re going to have some fun today while we help people work through this decision.

Anita Anand: [00:05:00] I look forward to it. Thanks for having me.

Michael Blake: [00:05:02] So, Anita, I’ve given, sort of, this introduction, but I’d like you to kind of humanize a little bit. Talk about what you do at Brady Ware, and how you’re helping clients on a day-to-day basis.

Anita Anand: [00:05:12] Yeah. So, like you, said I’m a director with the firm. I spearhead the international tax practice. And so, because I’m a lawyer by trade and not a CPA by trade, I come at it from a slightly different angle in that tax consulting really is my specialty. So, I work a lot with clients, whether they’re individuals or businesses, here in the US that are wanting to expand their operations or their work in foreign jurisdictions and vice versa, right. So, if we have, let’s say, a company that has already established their business in foreign markets, and, now, they want to expand into the US, helping them understand what US tax rules are, how they work, what the regime is like, and what kind of an impact they’re going to be probably faced with is really what I like to kind of help them plan with.

Anita Anand: [00:06:03] But outside of the international, my foundation is technical tax. That’s what my career has always been. So, I also serve as a resource to others across the firm on technical tax matters, which vary all across the spectrum. So, if there is, let’s say, a client that has maybe a little bit more of a complex issue that requires some more technical tax research, looking into trying to figure out maybe how IRS may interpret a specific set of facts and circumstances, really diving into those types of situations, and then advising the clients appropriately. So, that’s just a very nice way, I think, of saying that I’m a tax nerd, but I enjoy it. I enjoy it. My job is to understand how these tax rules work, and then help explain to clients what it means to them.

Michael Blake: [00:06:53] It’s okay to be a nerd. The nerds rule the world, man.

Anita Anand: [00:06:55] That’s okay. Right, yeah.

Michael Blake: [00:06:56] The nerds are the ones driving Teslas. The nerds are the ones with second and third homes.

Anita Anand: [00:07:00] There you go, right?

Michael Blake: [00:07:01] You know, it’s all good. So, if you’re the nerd that everybody comes to for things tax, I mean, that’s not a bad place to be. So, what does being a tax expert an advisor mean? I mean, you talked a little bit about, sort of, being a tax nerd, but it goes a little bit beyond that, doesn’t it?

Anita Anand: [00:07:18] It does. It does. And, I think, the overarching goal for any tax advisor – and this is the way I view it – is you really are taking what is a complex set of rules that in the federal income tax code, you’re taking the code, you’re taking the regulations associated with it, the guidance IRS has issued along the way, and trying to, number one, keep up with that, understand what that means, interpret it correctly. But then, more importantly, be able to communicate that to a client in a way that they understand, right. It’s no different than, for example if I go to a doctor not feeling well, and they spit out all of these medical terms that have 15-18 syllables to it. Well, he or she could be the most brilliant person on the face of the earth, but they’re not communicating to me in a manner I understand what it means.

Anita Anand: [00:08:09] And so, I kind of take tax advisory in that light where our job is to really take something that the average person probably doesn’t even want to deal with. And it’s our job to make them understand how it impacts their business. But that’s also a loaded job description, right, because that includes that the advisor needs to be keeping up with all these tax law changes, which is constantly in a state of flux, not only on a federal level but international implications, state and local tax implications. So, there’s a lot to always keep up with.

Anita Anand: [00:08:43] But then, I think, what also sets maybe tax advisors apart from just true tax compliance, because I view tax compliance as you’re looking in the rearview mirror, you’re reporting what has already happened; whereas, I think, one of the key aspects of a tax advisor is to have more of a proactive approach, work with clients from the beginning, and more so on the front end, and along the way in terms of, “Hey, how’s the business going? How are we seeing things go? What is the ultimate goal here? What are things you should be aware of? How they’re going to impact you? What are you thinking about? What aren’t you thinking about that you should be thinking about?” That way, we’re making sure that clients are in the best position possible to make the best business decisions understanding tax impacts along the way.

Michael Blake: [00:09:29] I think that’s a very smart comment that you made that I want to highlight because I think it’s that important that it’s worth going off script to do that. There’s a big difference between being an analyst and an advisor, isn’t there?

Anita Anand: [00:09:43] There is.

Michael Blake: [00:09:43] And when you’re an analyst, you often talk about either, “Here’s what happened,” right, or “If A, B. C happened, then, sort of, here’s the flow chart, and here’s what will happen. Here’s kind of what the math says. And here’s what the law clearly says.” The advisor’s job is a lot less comfortable, isn’t it?

Anita Anand: [00:10:04] It is. And you have to be okay with the — You have to get comfortable with the uncomfortable. And that is difficult to do because nobody likes to be in that gray space. And in my experience, and especially in light of tax reform, a lot of tax professionals are stuck in that gray space.

Michael Blake: [00:10:23] And it’s even worse now, right?

Anita Anand: [00:10:25] It is.

Michael Blake: [00:10:25] Because you’re talking about changing rules and changing regulations. As I understand, in many ways, the IRS has not decided or, at least, has not chosen to share with us yet-

Anita Anand: [00:10:35] Correct.

Michael Blake: [00:10:35] … what they’ve decided the rules actually mean, right? So, in a lot of cases, to be perfectly candid, we’re all, not just Brady Ware but every CPA who’s being intellectually honest-

Anita Anand: [00:10:46] Right.

Michael Blake: [00:10:47] … is making a best guess based on available information that could turn out to be wrong.

Anita Anand: [00:10:52] Absolutely. And I think that’s another thing that’s going to set what I believe tax advisors into different buckets is being honest with clients. I understand we have — I’ve had to have these conversations multiple times with clients as clients are expecting an answer. When they come to you, they are expecting an answer on, “Okay, this is my issue. Tell me what I need to do.” And we need to be honest in that we are in this state of flux, and that there is so much that is unknown. But given what we know as it stands right now, this is what we believe to be where we think IRS is going to come out on it, but with the caveat that it could completely change because we just don’t know what we don’t know.

Michael Blake: [00:11:36] And does your legal training help you with that? I mean, the law is the law, but, on the other hand, the law is the law until it gets in front of a judge and jury.

Anita Anand: [00:11:43] Correct. It did, it did. But I also think it’s also experience along the way. The legal training helps you analyze what is already in front of you. It helps you interpret, okay, if you’re looking at, let’s say, 10 tax court cases on a particular issue, and eight have gone a certain way, and two have possibly gone a different way, to kind of help analyze what that really means. So, it has provided the analytical skills that I think I have, but there is still that second part of the equation, which is being okay with communicating your analysis accurately and honestly with a client, which just, I think, comes with experience.

Michael Blake: [00:12:29] So, I want to go out on a limb and say you didn’t necessarily, when you’re eight years old, say, “I want to become a tax advisor.”

Anita Anand: [00:12:37] No.

Michael Blake: [00:12:37] Is that fair?

Anita Anand: [00:12:38] That is a fair statement.

Michael Blake: [00:12:39] Some people have done that. And maybe they go and do, more power to them, you didn’t, and I didn’t grow up saying, “I was going to be a business-” I didn’t know what a business appraiser was until I graduated from business school. So, what got you into tax advisory? What captivated you that you want to make that your career and you wanted to be an expert in tax?

Anita Anand: [00:12:57] It’s really funny that you asked that question because I’ve asked that question of myself a couple of times along the way.

Michael Blake: [00:13:04] During busy seasons?

Anita Anand: [00:13:05] Yeah, yeah, yeah. Every year between that February and April timeframe. So, early on in my career, I never at all thought that I was going to do tax. Honestly, doing my own personal income tax return that one time a year was enough tax I ever needed to be exposed to. But I got a good opportunity in tax and, obviously, in the tax advisory role. And I went in with a certain set of expectations, and I was actually pleasantly surprised. So, I stuck around. And over time, that’s how I built my career.

Anita Anand: [00:13:40] But along the way, obviously, you learn a lot about yourself as an individual and as a professional. And when I look back at really what made me stick around in the tax space is, I think, believe it or not, in a weird way, I think, I like problem solving. And tax advisory is that every day. It’s not necessarily that a client is coming to you, “Hey, I have an IRS audit. Now, please fix this for me.” It’s advising clients along the way and what they’re trying to do. There’s a constant “problem” that business owners are constantly faced with. And so, you’re able to advise them on that.

Anita Anand: [00:14:18] So, it’s problem solving that I enjoy. And then, I enjoy working with people. So, I like getting to know my clients, and understanding what their business is, where their goals lie. And, obviously, building that kind of professional relationship where they believe that you are a valuable member to the team. So, I think all of those things put together have made tax advisory a good fit for me, which is I guess why it’s been working pretty well.

Michael Blake: [00:14:46] It has worked pretty well. You’re a brand director, so.

Anita Anand: [00:14:49] That is right. That is right.

Michael Blake: [00:14:51] Can you think of a neat success story you’ve had with the clients, something you really, really either helped them out of a bind or helped them frankly just save a lot of money that they’re going to be on the hook for?

Anita Anand: [00:15:02] Yeah. I’ve been blessed with quite a few clients’ situations where we were able to get them out of what I’m going to just call a pickle. I had a client that specifically came to me from a prior CPA firm. They were in the midst of a complete reorganization, corporate reorganization. And the amount of dollars that were involved were quite significant. And so, the way the prior CPA firm was advising them to pursue this reorganization was going to be a completely taxable event, and it was going to cost them a lot of money.

Anita Anand: [00:15:41] So, when they came to me, we had some certain discussions, and we really  to dive in to some of the tax rules in terms of, could they possibly benefit from a tax-free reorganization? So, we worked very closely with our legal team to stay within the parameters of the law and what is allowed. And, in fact, what the tax liability their prior CPA had estimated to them, we were able to completely wipe it out.

Anita Anand: [00:16:08] So, that was one of the success stories that I kind of hold on to quite a bit and it saved them millions of dollars. So, quite significant on their end as well. But my success story is truly where I find the successes when you have a client that achieved success, and you’re a valuable member to the team that helped them do it, and they look at you as being a valuable member to the team. And that in and of itself is success.

Michael Blake: [00:16:35] Yeah, that’s what it’s all about, right? And that is the stimuli.

Anita Anand: [00:16:36] That’s what are in it for everyone.

Michael Blake: [00:16:38] So, all right. So, let’s talk now about entity conversions. Why are people talking about them so much now? Why is there so much chatter about, “I want to convert from C, to S, to SSC, or something else”?

Anita Anand: [00:16:51] Well, it’s this little thing called tax reform that you had alluded to.

Michael Blake: [00:16:54] Oh, yeah, I heard of that.

Anita Anand: [00:16:54] Yeah, that little thing that happened at the end of 2017. The tax cuts and Jobs Act was the tax reform package really. And it was high time for tax reform. If you go back and you think about the last major tax regime overhaul, it was back in 1986. So, the fact that this last one was done in 2017, I mean, you’re talking 30 plus years later. So, it was high time for there to be, I think, a little bit more of a look towards our tax laws, our tax rules, and modify them to be in line with the current marketplace and business realities of our country

Anita Anand: [00:17:32] So, with  reform though, we had a number of different changes. And one of the most talked about is the reduced corporate tax rate. So, we went down from 35% to 21%. And, now, that has raised this conversation amongst various taxpayers, “Does it make sense for me to use a traditional corporate structure? Because before, it was going to cost me 35% at the corporate level. Well, now, it’s lower. So, should I be thinking about a conversion?” So, that’s truly what has sparked it, and all the conversations that we’re hearing and reading about.

Michael Blake: [00:18:08] And what are clients converting from and to in order to take advantage of that?

Anita Anand: [00:18:14] So, at this point, a lot of clients are thinking about converting from what’s called a pass-through entity, which is like your traditional partnership as corporation limited liability company or LLC to a C corporation. So, that’s what, I think, the conversation is and that discussion point is right now is I’m taking what — There really is no corporate entity. It’s a pass-through. And does it make sense now for me to convert that pass-through entity to a traditional C corporation?

Michael Blake: [00:18:45] Now, that’s kind of different from, at least, what I’ve encountered maybe that’s because that’s where valuation comes in, but I’m more used to seeing C to S form conversions, right?

Anita Anand: [00:18:58] Right.

Michael Blake: [00:18:58] Is going back the other way more or less complicated than C to S, or about the same?

Anita Anand: [00:19:03] So, it’s very — Okay. I want to caveat this, but it’s simpler to go from a pass-through entity like an S to a C, or a partnership to a C, or LLC to a C. But going the other way is a little bit more difficult. You’ve got a lot more considerations that go into that, and there’s usually some pain and cost associated with it. And so, that’s kind of part of the conversation that we’re having with our clients right now is, sure, we can talk about this conversion. We can do the modeling. We can certainly walk you through it. But just know that as easy as it is to maybe check the box and convert to a C corporation, in the event two years down the road, you wanted to go back, there’s going to be some cost. So, the short answer to your question is it’s really just not that easy to go back once you’ve elected to be a corporation.

Michael Blake: [00:19:59] So, you better be sure?

Anita Anand: [00:20:01] You should be sure.

Michael Blake: [00:20:02] And I mean, again, I’m not an account, but my impression is the IRS generally is not a huge fan of changing corporate forms all the time like share changes-

Anita Anand: [00:20:13] Right.

Michael Blake: [00:20:15] … outfits in a concert-

Anita Anand: [00:20:17] Absolutely.

Michael Blake: [00:20:17] … because you want to optimize your tax rate.

Anita Anand: [00:20:19] Right, right.

Michael Blake: [00:20:20] So, they’re not a huge fan of that.

Anita Anand: [00:20:22] No.

Michael Blake: [00:20:23] So, can we say there’s a bottom line or a blanket statement? Or I’m going to rephrase the question actually. And the question is, what are kind of the criteria that makes a company a good candidate for a pass-through entity conversion to a non-pass-through entity conversion? What’s kind of that checklist look like?

Anita Anand: [00:20:45] Mike, that’s a really good question. But, unfortunately, there is no one-size-fits-all. And the reason I say that is because there were so many different moving pieces in tax reform that there are new benefits that are afforded to those businesses that are operating as a pass-through entity. And, now, there are new benefits that are afforded to those that are operating in a traditional corporate structure.

Anita Anand: [00:21:11] So, it’s kind of hard because you’re not really comparing apples to apples. So, what you really need to look at, I can tell you kind of what maybe the logic should be, and the logic should be taking a closer look in terms of what is your business today; what are your near-term and long-term goals; what type of activities are you engaging in; are you expanding in international markets; are you investing in real estate? What is it? Where is your income coming from? Because those are going to help, I think, really determine whether one particular type of structure is better than others.

Anita Anand: [00:21:49] And then, from there, you really have to do modeling. It’s very easy to speak conceptually and in big picture, but, at the end of the day, what everyone wants to know is the bottom line. It’s, how much is this going to cost me? And the thing is whatever structure you choose, it’s an annual cost. There’s an annual cost associated with it. That’s your tax liability.

Anita Anand: [00:22:10] So, you got to put pen to paper or, in this case, maybe have some intricate and complex spreadsheets, but to really help understand, “Okay. Well, if I do it in a partnership form, could I maybe tap into certain benefits there?” So, for example, like under tax reform, there’s a new deduction that’s afforded to certain qualified business income of qualified trades or businesses that’s afforded in partnership, or S corporation, or even sole proprietorships that is not available to a C corporation. But, now, the C corporation has a lower tax rate. They have other benefits that could potentially be taken advantage of, let’s say, if there’s some exports or something going on.

Anita Anand: [00:22:53] So, you just have to understand what different pieces kind of fit together, and then be able to compare both of them, and see what works out better. In my experience, the conversations that I’ve had with clients, it really has been a toss you kind of go in thinking that, okay, a conversion might actually prove to be beneficial. But then, when you put that pen to paper, you see that maybe not and vice versa. So, it’s really, unfortunately, the facts and circumstances are going to dictate.

Michael Blake: [00:23:22] And, sometimes, the cure is worse than the disease.

Anita Anand: [00:23:25] Correct.

Michael Blake: [00:23:26] Right? So-

Anita Anand: [00:23:26] Yeah.

Michael Blake: [00:23:26] All right. So, I want take a step back for just a second because I’m sure some of our listeners don’t geek out on this accounting stuff. So, I want to take a step back and do a little bit of remedial tax accounting 101. And that is at the outset, generally, why do people check that box they’re going to be a pass-through entity to begin with versus a non-pass-through entity? What generally kind of drives that decision initially?

Anita Anand: [00:23:55] So, I think, first and foremost, the overarching benefit of having a pass-through entity is the fact that you truly get passed through of income loss, credits, deductions, whatever may be generated from the business. So, let’s take a structure. Let’s assume that we’ve got a partnership that owns a business. The business is profitable. And so, whatever income is generated from the business is reported at the partnership entity level.

Anita Anand: [00:24:26] So, the partnership itself will file a tax return, but the partnership itself does not pay an income tax. Instead, the partners get their pro-rata share of income, and all the other items of tax that are allocated to the partners. And then, they report their income on their personal income tax return based on whatever tax bracket they may be in. So, that’s your traditional pass-through. You don’t have the two layers of taxation, but you’re afforded, obviously, limited liability, right, with having a certain type of a limited liability in their partnership or S corporation.

Anita Anand: [00:25:00] Nowadays, like I was mentioning earlier, because of tax reform with this new deduction now, there’s an additional reason or an additional benefit to operate in the form of a pass-through, which is called this qualified business income deduction, which is up to a 20% deduction on certain types of income from certain types of qualified trades or businesses. The thing you need to know about tax is when the I–RS is offering a tax credit or a deduction, they’re qualifying it. So, you need to make sure you truly are eligible. But-

Michael Blake: [00:25:30] You can’t just say, “Hey, it’s all good.”

Anita Anand: [00:25:33] Exactly, right. You can’t just assume you’re going to be eligible for anything. So, there are quite a bit of caveats. And so, you want to make sure you’re eligible for it. But that is another benefit that’s afforded to pass-throughs that isn’t afforded to your traditional corporation.

Anita Anand: [00:25:48] And then, if you kind of go to — Let’s go to like an LLC structure, right. If you have an LLC with just one  So, like I set up an LLC, I’m the only one in it, well, I’m afforded the limited liability from a legal standpoint, but for tax purposes, that LLC is treated as a disregarded entity. So, what that means is I don’t even have a compliance requirement at that LLC level, but I still get the benefit of the flow through.

Anita Anand: [00:26:17] So, flow-throughs have quite a bit of benefits, and there’s a little bit more flexibility associated as well with pass-through entities that aren’t necessarily available in the corporate structure. But I think those are kind of, I think, your main points that have had people gravitate towards a pass-through structure as opposed to some others.

Michael Blake: [00:26:38] Okay. Now, a big part of your practice, an increasing part of your practice is international, and you do a lot of work particularly in Latin America, but a bunch of other places too. Is this change in the law, this discussion of corporate form conversion, having an impact in companies doing a lot of international business?

Anita Anand: [00:26:58] It most definitely is. So, if you take a step back and try to understand part of what was going on from the legislative side in tax reform, I think, a lot of what the US was realizing was that US companies are choosing to do business in foreign jurisdictions because of the tax rates in the US. It’s that they were just too high. And so, there was an effort to try to incentivize businesses to bring those operations back into the US.

Anita Anand: [00:27:31] And so, part of it is bringing the corporate tax rate down from 35% to 21%. But then, there were other incentives that were added as part of the tax reform package that are only afforded to corporations that have an international presence that are not afforded to those that are operating through a pass-through entity.

Anita Anand: [00:27:50] So, for example, now, obviously, because the corporate tax rate has come down, it’s making it, (1), just more attractive; but (2), if you have, let’s say, a US company that is providing services or selling goods to an unrelated third-party, that happens to be a foreign person for ultimate foreign use and consumption, they’re eligible to tap into a tax deduction benefit that is only afforded to corporate taxpayers, not afforded to a partnership or an S corporation.

Anita Anand: [00:28:22] So, there’s that benefit that, again, if that’s, kind of, the line of business you’re in, that may tip the scale in the favor of operating in a corporate form. Other types of benefits, especially in the international space, what we have is a lot of US corporations that have ownership and controlled foreign corporations. And so, now, there’s  received deduction for those dividends that are truly foreign-sourced. So, that’s an added benefit, again, only to corporate taxpayers.

Anita Anand: [00:28:56] But, also, in light of tax reform, there were also some new taxes that IRS decided, or Congress decided to go ahead and enact. And so, to to help offset the overall tax cost, there are deductions to help, like I said, offset that tax liability, but that deduction is only available to corporations not available to pass-through. So, a couple of those different pieces put together are making an impact, especially for those with an international presence. So, I think, the analysis is slightly different for those with a multinational footprint than those with just a domestic operation.

Michael Blake: [00:29:34] Okay. Let me switch gears here a little bit. I’d like to talk about a topic near and dear to my heart, which is startups. In my experience, most startups — Well, if a startup is going to start — If they think they’re going to raise venture capital, they may start out as a past-through, but they wind up migrating to being a C corporation.

Anita Anand: [00:29:55] Right, right.

Michael Blake: [00:29:55] They do that because, one, it allows them to issue multiple classes of stocks, like preferred shares; and the other is that venture capitalists don’t want to have passed-through gains.

Anita Anand: [00:30:06] Right.

Michael Blake: [00:30:07] They’re profits that they have to pay taxes on.

Anita Anand: [00:30:08] Right.

Michael Blake: [00:30:09] Because it deprives the company of cash. Is that calculus now changing because of the tax law? The tax law, now, driving something else.

Anita Anand: [00:30:20] Yes and no. And, I think, some of the considerations as it relates to startups remain the same. Typically, startups, what we  see is that in the first few years, there’s just a lot of losses. And so, a pass-through structure is attractive for the reason that, as a name implies, is you get the pass-through of those losses to the individuals versus that getting trapped at a corporate level, right. So, if they had set it up as a corporation from the beginning, whatever losses are being generated, they get stuck at that corporation level, and they don’t really, or they’re not able to be realized, or benefits are not able to be realized at the individual shareholder level.

Anita Anand: [00:31:04] So, I think that consideration still holds true. But I think, to your point, what we have seen in the past and what we will probably continue to see is, over time, as they get closer to raising capital, there is going to be maybe not necessarily a tax decision that’s the primary driver but more so a business decision to elect to be treated as a C corporation instead, and more so because of the VC money. If the VCs are expecting it to be a corporate structure, they’re the ones that are bringing the money to the table. So, naturally we want to please them, right?

Michael Blake: [00:31:40] Yeah.

Anita Anand: [00:31:40] So, that’s what we’ve seen in the past, and I think we’ll continue to see that. I think, our experience has been that some VCs – and this is maybe where I defer to you – Some VCs, I think, are starting to get maybe a little bit more comfortable than what we used to see 10 years ago with a pass-through entity structure but, still, traditionally, I think, most still expect to see that corporate form in place.

Michael Blake: [00:32:00] Yeah. In my experience, I see Angel investors, particularly if they only have one or two investments, they’re okay with an LLC because when there are pass-through losses, they can actually use them, right, but if you’re an investor, and you’ve got eight of these startups, right, you’ll never be able to use all the losses. They’ll just expire before you’ll be able to use them, right?

Anita Anand: [00:32:24] Right, right.

Michael Blake: [00:32:24] So, you may as well go ahead, at least, in some of these entities, make it a C Corp because you can’t benefit from the past-through losses anyhow.

Anita Anand: [00:32:30] Right, right. The only thing that is just going to make that decision a little bit easier is that, obviously, if you’ve got a company that’s now choosing to be a C Corp because of VC money or whatever other reasons might be associated with it, it’s not that 35% income tax rate that you’re looking at that’s glaring at you with flashing lights and everything. It’s 21%, which seems to be a little bit more tolerable.

Michael Blake: [00:32:55] By the way, I’m going to note something to our listeners. This is the first time in my life I’ve said three correct accounting things in a five-minute period.

Anita Anand: [00:33:01] We’re so proud of you, Mike.

Michael Blake: [00:33:02] Thank you very much.

Anita Anand: [00:33:02] We are so proud of you.

Michael Blake: [00:33:03] Thank you very much. I’m going to give myself a little present at the end of the day. All right. So, this is, obviously, very complex, right? This is not something we can solve for anybody over a 30-minute — I don’t think you could solve with a 30-minute conversation directly with a client, right?

Anita Anand: [00:33:20] Right, right.

Michael Blake: [00:33:20] So, can you provide some guidelines on how to think about this decision, right? At least, some of these interests now piques like, “Gee, I’m a C. Maybe I ought to be a pass-through and start not pay so much in taxes.” What can they think about to make that decision to e-mail you, call you, decide if this is kind of a worthwhile pursuit on their part?

Anita Anand: [00:33:45] Right. I think, first and foremost, I think, you need to really sit down and take a step back. I think a lot of business owners, they kind of know what they’re expecting and what they want out of their business, but because they get involved sometimes in the day-to-day, we don’t necessarily just take a step back and really think about, “What is our strategic goal? What is our strategic vision for the business? What are we doing today? What am I wanting to do tomorrow, 5 years down the road, 10 years down the road?

Anita Anand: [00:34:14] Think of that. Map that part out because talking to your tax advisor or talking to your legal team, they’re not going to be able to give you those answers, right. That needs to be driven by the business owner. But once you have that strategy laid out, then, I think, it’s prudent to go ahead and initiate those conversations with a tax advisor and say, “Hey, you know what. This is kind of where I’m at right now. This is my current structure. This is what I’m expecting to do.”

Anita Anand: [00:34:39] Obviously, we understand we plan, and life  a different plan for us. So, we understand that, but I think if you have a roadmap to start with, that, at least, prompts the conversation for discussion and considerations. And then, from there, talk about the benefits of kind of what benefits are they currently realizing versus what are the benefits that they could be realizing under a different structure.

Anita Anand: [00:35:04] And then, you really have to do the modeling. You really do. I would go on record and say that, I think, any type of a conversion without modeling is a little scary because, again, you’ve got to put the pen to paper and really see how it all shakes out. So, do the modeling. And then, once you kind of know how the numbers shake out, then, I think, there’s still a second layer of considerations in terms of, okay, now, administratively, what is the cost of conversion? What are going to be my legal fees? What are going to be my tax fees? Other non-tax considerations for example.

Anita Anand: [00:35:41] So, if you have a client that’s got a partnership, and modeling the C corporation might be a more advantageous tax structure. Okay. Now, you’ve got to think about corporate formalities, articles of incorporation. Do I need to have annual shareholder meetings? How are my minutes going to be recorded? So, there’s other stuff to think about that’s not necessarily just tax considerations. And so, the conversation needs to be not only with your tax advisor but also your legal team because all these pieces need to fit together like a proper puzzle.

Michael Blake: [00:36:14] And to be clear, when you say modeling, we’re not talking about getting on a runway and strutting down, but rather, it’s doing the math, right?

Anita Anand: [00:36:22] Absolutely.

Michael Blake: [00:36:23] Opening up a spreadsheet. And just, at some point in business, there’s just no substitute for grinding out the number, right?

Anita Anand: [00:36:31] Right, right.

Michael Blake: [00:36:32] And one of the things that you guys are doing, and we do, is we help you grind through the numbers.

Anita Anand: [00:36:36] Absolutely.

Michael Blake: [00:36:36] So, if somebody wants to — If someone’s not sure, the listener to this podcast who think, “I’m not sure, but I don’t want to waste Anita’s time. She seems really nice and busy,” can they just sort of call you and get kind of a consultation to see if it makes sense.

Anita Anand: [00:36:53] Oh, absolutely, absolutely. I mean, that’s what we’re doing for so many. And, honestly, I would encourage it because as a business owner, you should be thinking about it. At least, ask the question. The answer may be you’re absolutely fine, but be thinking about it, and have these conversations. And I will say that I don’t believe that this conversation is going to be a one conversation and be done with it because as we’ve spoken about earlier in this conversation is there’s still so much to be learned in light of tax reform. We’re still waiting on more guidance to come out.

Anita Anand: [00:37:26] So, the conversation may actually be more of a continuing conversation because, again, ultimately, you want to be making the best decision for you out of a position of being in possession of as much knowledge as you’ve had.

Michael Blake: [00:37:41] Being informed, right?

Anita Anand: [00:37:41] Right. You want to be informed. You want to be educated. And, like I said, if you convert you can’t really go back without there being some tax pain and cost associated with it. So, you want to be really sure. And then, also, weigh the fact that some people are talking about, what’s the certainty? Will tax law change again? Okay, if we go ahead and convert, down the road, now, the rules are completely different, then what happens? And that is a risk, that is a factor, but you’ve got to weigh that with maybe some of these other considerations and really see how the scale tips.

Michael Blake: [00:38:16] That sounds cool. Somebody got to really do a podcast about making informed decisions. Well, never mind.

Anita Anand: [00:38:21] Yeah.

Michael Blake: [00:38:23] So, if someone wants to ask you, if someone wants to reach out to you and pursue this, how can somebody get a hold of you?

Anita Anand: [00:38:29] Well, the good thing is I think I’m pretty flexible. People call all the time, e-mail all the time, LinkedIn, Facebook. I mean, I’ve got clients that reach out to me a form of different ways. And so, I would encourage anyone to reach out in however they feel fit. Email, call, and want to schedule an in-person meeting, happy to do that as well. But I would encourage that conversation with someone, whether it’s me or whoever, just people you feel comfortable with but, at least, be having that conversation with your tax advisor because I think it is high time. And if they haven’t brought it up to you, you should probably bring it up to them.

Michael Blake: [00:39:07] And what’s your e-mail address?

Anita Anand: [00:39:08] It’s aanand@bradyware.com. So, aanand@Brady.com.

Michael Blake: [00:39:17] All right. So, there you have it. Everything that you want to know about corporate form conversion but may or may not have been afraid to ask. But you shouldn’t be afraid asking more because Anita really knows her stuff, and she’s pretty cool too. So, do ask.

Anita Anand: [00:39:28] Thanks, Mike.

Michael Blake: [00:39:28] Do ask to ask her about it.

Anita Anand: [00:39:31] Happy to help.

Michael Blake: [00:39:33] So, I’m going to thank Anita for coming on. This is great. This is, literally, thousands of dollars of free advice that you’ve just given. So, that’s awesome. And that’s going to wrap it up for this program. I’d like to thank Anita so much for joining us and sharing her expertise with us.

Michael Blake: [00:39:33] We’ll be exploring a new topic each week so please tune in. So, when you’re faced with your next business decision, you have clear vision when making it. If you enjoy these podcasts, please consider leaving your review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company, and this has been the Decision Vision Podcast.

Tagged With: corporate structure, corporate taxes, Dayton business advisory, Dayton CPA, Dayton CPA firm, flow-through entity, IRS, pass through entity, personal taxes, S Corp, Tax, tax advice, tax advisor, tax benefits, tax deductions, tax liability, tax problem solving

Decision Vision Episode 2: Should I Fire My Client? – An Interview with Jim DeBetta, DeBetta Enterprises

February 14, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 2: Should I Fire My Client? - An Interview with Jim DeBetta, DeBetta Enterprises
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Jim DeBetta and Mike Blake

Should I Fire My Client?

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Jim DeBetta on how to recognize when a client might be a bad fit, why it’s best to part ways, and how to do it gracefully.

Jim DeBetta, DeBetta Enteprises

Jim DeBetta is the Founder and President of DeBetta Enterprises which specializes in coaching and consulting for inventors and consumer products start-up companies. DeBetta Enterprises also assists clients with product development and engineering of consumer products as well as sales and marketing representation to major retailers for our select clients. Recently, Jim was Vice President of Retail Distribution for TV Goods which is owned by Kevin Harrington from the ABC show Shark Tank. I headed up a team of retail specialists that called on the world’s most prestigious retailers and TV shopping networks including HSN and QVC.

Jim is the author of the top-selling book, The Business of Inventing, former Staff Writer for Inventors Digest, and has sold over 100 million dollars of products for product entrepreneurs and inventors alike. His podcast, Get Retail Ready, is a valuable resource for those just starting out or looking to scale their business.

DeBetta Enterprises has formed a solid network of product engineers, factory brokers, angel investment firms, licensing experts, and sales and marketing professionals among many other areas of expertise. The firm works with Fortune 500 companies, celebrities, and individual inventors alike. They specialize in finding factories to produce products, create pricing strategies, marketing and public relations, and selling products to major retailers such as Target, Wal-Mart, Best Buy, Costco, Bed Bath & Beyond, Michaels, Walgreens, HSN, Macy’s, Amazon, and many others.

Prior to forming DeBetta Enterprises, Jim led a successful start up company which produced sport optics such as binoculars and hand held magnifiers. Jim was President and COO as the company grew from insignificant revenue to nearly $50 million dollars in sales in under 8 years.

For more information on Jim DeBetta and DeBetta Enterprises, go to http://www.jimdebetta.com/.

Michael Blake, Brady Ware & Company

Michael Blake is Host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast. Past episodes of Decision Vision can be found here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] Welcome to Decision Vision, a podcast series focusing on critical business decisions brought to you by Brady Ware & Company. Brady Ware is a regional, full-service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Michael Blake: [00:00:22] Welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic rather than making recommendations because everyone’s circumstances are different. We will talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:41] My name is Mike Blake, and I am your host for today’s program. I’m a Director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on iTunes, and also please consider leaving a review of this podcast as well.

Michael Blake: [00:01:03] So, today, we’re going to talk about something that doesn’t get talked about a lot, which is firing a client. And firing a client when you’re in business, and particularly, if you have a sales role is something that just seems wrong. We work so hard to get clients. Clients are not easy to get. They’re not easy to keep. And so, we’re hardwired that every client is precious. And to, a large extent, I think that’s a healthy attitude to have.

Michael Blake: [00:01:33] When you’re not grateful for your clients, bad things happen, your business is not going to survive long. But there is a point where enough is enough. The customer isn’t always right. In fact, sometimes the customer is not the right fit, or they’re just a raving lunatic, or somewhere in between. But the thing about that process is important. If you fire the wrong client, you’ve passed up revenue for no good reason. If you fire the client badly, then your reputation is going to suffer. But if you’ve been in any business long enough, firing a client or firing customer is a fact of life.

Michael Blake: [00:02:09] So, we’re going to talk about that today with Jim DeBetta. Jim is the Founder and President of DeBetta Enterprises, which specializes in coaching and consulting for inventors and consumer products startup companies. His firm also assists clients with product development and engineering of consumer products, as well as sales and marketing representation to major retailers for their select clients.

Michael Blake: [00:02:31] Recently, he was Vice President of Retail Distribution for TV Goods, which is owned by Kevin Harrington from the ABC show, Shark Tank. Jim headed up a team of retail specialists that called on the world’s most prestigious retailers and TV shopping networks, including HSN and QVC.

Michael Blake: [00:02:48] Jim is the author of the top selling book The Business of Inventing, aformer staff writer for Inventors Digest and have sold over $100 million of products for product entrepreneurs and inventors alike. Jim’s podcast, Get Retail Ready, is a valuable resource for those just starting out or looking to scale their business.

Michael Blake: [00:03:07] His firm has formed a solid network of product engineers, factory brokers, Angel investment firms, licensing experts, and sales and marketing professionals among many other areas of expertise. They work with Fortune 500 companies, celebrities, and individual inventors alike. Jim and his team specializes in finding factories to produce products, create pricing strategies, marketing and public relations, and selling products to major retailers such as Target, Walmart, Best Buy, Costco, Bed Bath and Beyond, Michaels, Walgreens, HSN, Macy’s, Amazon, and many others.

Michael Blake: [00:03:39] Prior to forming the DeBetta Enterprises, Jim led a successful startup company that produced support optics, such as binoculars and hand-held magnifier. He was President and Chief Operating Officer and led the company from insignificant revenue to nearly $50 million in sales in under eight years. We welcome Jim DeBetta to the program. Jim, thanks for showing up.

Jim DeBetta: [00:03:59] Hey, thanks Mike. Good to see you again.

Michael Blake: [00:04:01] So, it’s interesting. When I put this topic out there. I really put it out on social media. I’d like somebody to come on and talk about firing clients. And sort of you rose your hand and said that, “I really like to come on and talk about that.” What motivated you to do that? Why is that a subject that is close to your heart?

Jim DeBetta: [00:04:23] Well, I mean, I think, in any business, but particularly my business, inventing is an emotional business. So, when people have a product, it’s not just, “Hey, I have a particular thing, I want to get out there.” But they get very tied to it because it’s like their baby. I mean, it’s something that they created out of a need or because there was a problem, and they couldn’t solve it, or couldn’t find a solution. So, they say, “Well, I got to do this on my own.” And then, they spend years developing it. And then, when they come to me, then I have to see if it’s a good fit for me. And when I saw that, I was like, “Oh, I got to jump in on this one.”

Michael Blake: [00:04:55] I have a little of experience to that myself. As you know, I used to run a nonprofit called StartupLounge, and I’m still at a monthly office hours. And sometimes, an entrepreneur shows up, and they want to run their idea by me. And you have to tell them, “Well, I’m sure your baby’s healthy but it ain’t all that good looking.”

Michael Blake: [00:05:15] And that is something that is not necessarily well-received from somebody that has internalized their problem or their business, I should say, the problem that they’re trying to solve, and they’ve had a lot of people cheer them along the way. So, that’s friends and family, “Go for it. That’s a great idea.” People, by the way, who lose nothing if the business fails, advisors like me that can make money if they start their business, start spending money on advisors. And there’s this feedback loop that just internalizes. And all of a sudden, you can get to a point where you think, “Wow, I’ve got the next iPhone.” It’s just that obvious. Do you encounter that as well?

Jim DeBetta: [00:05:51] Oh yeah. And friends and family are the worst because they they love you or-

Michael Blake: [00:05:55] They really are.

Jim DeBetta: [00:05:55] … they’re supposed to love you, but you’ll always have that obnoxious one that will say, “Oh, that’s crappy,” or “I wouldn’t do that ever.” But most of the time, they’re going to give you support, whether it’s the product’s good or not good in their mind. And that’s what they should do, in a way, but that’s why we don’t want them to say, “Well, my next door neighbor, or my parents, or my kids think this is great.” That’s a red flag to me. What matters is what everybody else in the world thinks objectively, so people can look at it and say, with no vested interest saying, “I would buy this,” or “I don’t like that.” And that’s an important thing.

Jim DeBetta: [00:06:27] But all of this comes down to, which I know we’re going to talk about is managing expectations when people start to work with me. And right off the bat, that’s how I determine if I should take on a client or even move on from a client when things start — when I get that feeling that things aren’t going right.

Michael Blake: [00:06:44] Okay. Well, we’ll come back to that. Let’s start off with, how do you work with a client?

Jim DeBetta: [00:06:50] Well, I mean, usually, people will come to me in all stages. Some people will come to me, and say, “Hey, Jim. I’ve got an idea for something.” And they haven’t really done anything. Maybe they’ve done a patent search, or they just went online, and wanted to see if the product was actually out there. And assuming that they haven’t found what it is that they’re creating, they will come to me, and I basically project manage them through the whole process. So, people will come to me at that stage. And then, people come to me that have multi-million dollar businesses, and they’re already selling some retailers, but they want to go further. They want to scale. They want to get into every retailer they can. They want to be a huge company.

Jim DeBetta: [00:07:24] So, they come to me at all phases and stages. And they come from everywhere, from social media, all over the world from referrals. And because the world’s so digital, people can find me easily, and I get a lot of lead flow, and people just reaching out because they see me out there online.

Michael Blake: [00:07:44] And you’re not hard to find. I mean, you’re a pretty prolific creator of content as well. And, I mean, you always want to give advice. I’m sure that helps. So, doing what you do, and I think I know the answer to this, but I don’t want to assume, what do you think is the hardest part about working with a client in your space? What’s the hardest hurdle you had to get over, the most common challenge?

Jim DeBetta: [00:08:05] It’s that emotional part that they all believe that their product is going to be the next billion-dollar idea. And most aren’t going to be million-dollar ideas. And I always say to people, “It’s okay to be a thousander,” because no inventor that I know invents for a living. They have a day job or a night job. And so, they have a living. They live a normal life, and this is something they do on the side. They do it at their lunch break, on the weekends, at 10:00, 11:00, 12:00 at night. So, for them, it’s a part-time thing, if that makes sense.

Michael Blake: [00:08:37] That’s really interesting. You’re right. I mean, there really is, now, kind of modern day Thomas Edison, right?

Jim DeBetta: [00:08:43] Yeah.

Michael Blake: [00:08:44] Maybe the late Steve Jobs. Maybe he was kind of that, and he had like a whole huge corporation to sort of back that. And maybe the late, I’m sure you’re aware of him. The late Ron Popeil.

Jim DeBetta: [00:08:55] It’s huge.

Michael Blake: [00:08:55] That kind of that guy, right?

Jim DeBetta: [00:08:56] Yeah, absolutely.

Michael Blake: [00:08:57] By the way. I have one of those those Showtime Rotisserie.

Jim DeBetta: [00:08:59] Doesn’t everyone? I think.

Michael Blake: [00:08:59] I got one of those things for Christmas. The damn thing actually works.

Jim DeBetta: [00:09:03] They are good.

Michael Blake: [00:09:04] I can’t believe it. We don’t make a turkey without it now.

Jim DeBetta: [00:09:06] Yeah.

Michael Blake: [00:09:06] I got that thing for Christmas, and I thought, “For sure, this is going in our attic. It’s never coming out again.” And now, I was going to fry a turkey last year, and my son, “Oh, you’re going to fry a turkey?”

Jim DeBetta: [00:09:16] Yes.

Michael Blake: [00:09:17] “I really like the rotisserie one.” So, Ron, if you’re listening buddy, you’ve got one satisfied costumer down here.

Jim DeBetta: [00:09:21] That’s right.

Michael Blake: [00:09:21] But you’re right. Most people do this as a side gig. I hadn’t thought of that. That’s a really interesting.

Jim DeBetta: [00:09:27] Yeah. And they have to because when you start, like you start any business, you’re writing checks, but there’s no money coming in. So, they need to fund the business through whatever it is that they do for a living. Very few people will call me with an inheritance on their hands, or they’ll just max out their cards, but that’s another thing too. I have to kind of temper that. If somebody says to me, “Jim, I’m going to empty my 401(k),” I push back. I don’t want it. I don’t want to feel — because I know it’s a risky business, I don’t want to be the one that takes the money there and leads them down that path. They fail, and now they really have nothing.

Michael Blake: [00:09:58] And that puts a lot of pressure on you.

Jim DeBetta: [00:10:00] Sure.

Michael Blake: [00:10:00] That, for me, would create performance anxiety.

Jim DeBetta: [00:10:05] Right.

Michael Blake: [00:10:05] When somebody comes to me and says, “I’ve just emptied out my 401(k). I’ve leveraged the 529. My wife doesn’t know any of this.”

Jim DeBetta: [00:10:12] I have that too. It’s like, “Don’t tell my wife. Don’t tell my husband.” I’m like, I don’t really want to start off this way. I always say, “Don’t tell me. If it’s something you don’t think I want to hear, don’t even bring it up.”

Michael Blake: [00:10:21] That’s right.

Jim DeBetta: [00:10:23] It’s a scary thing out with people. Because they get so emotionally attached, they will do just about anything to fund it or come up with money for it. And that’s a scary notion sometimes.

Michael Blake: [00:10:33] So, it sounds like part of your job, and I find this in mine too, sometimes, you have to be an amateur therapist.

Jim DeBetta: [00:10:40] You do. I mean, and again, a lot of it comes down to just calming people down. They call me up, “Jim, I’ve got this thing. It’s awesome. I’m so excited. And I’ve been doing this, and I’ve been doing that.” And you have to get them on the phone. You have to say, “All right, look, it’s a business, it’s like any other business. It’s risky.” And I have to almost scare them away because if I don’t let them know the realities of it and that they can fail.

Jim DeBetta: [00:11:01] And some people say, “Well, why do you do that? Why do you scare people away? Why aren’t you being more positive?” I’m like, “Look, I’d rather air on the side of, ‘Okay, I prevented somebody from doing something basically stupid,’ and encourage their misbelief of something than-” You know what I mean? That’s important to me. And I’ve been doing this for you 20 plus years. I think I have a good handle, a good intuition when it comes to how people are with me. And within 30 seconds, I know how they’re going to be.

Michael Blake: [00:11:30] And I think that’s a sign of a strong professional is you know there are some times you shouldn’t take your client on because you could take their money today. In fact, in your case, they’re probably saying, “Shut up and take my money. I got to get this thing on Walmart and Target.” And you make it hard. And I suspect, because I run into this also, when people think that they want their business appraised, I don’t want them at the end of a 30-day, 60-day, one-year process thinking that I had told them that I laid out the yellow brick road for them, and then it didn’t end that way. That’s bad all the way around, right?

Jim DeBetta: [00:12:10] Yeah. And you’ll hear me say this a few times, it’s managing expectations for people. You have to do it for them. They’re not going to do it themselves. They’re excited, right? They’ve got an idea. I mean, they see other people, they watch Shark Tank, they see all the activity out there, and they believe that their product is the next one or it’s better. And they get fooled by that. And so, it is. I have to. I don’t want to.

Jim DeBetta: [00:12:33] I mean, who wants to turn away business, but I have to tell some people, “This is not right. You shouldn’t be doing this,” or “You should slow down,” or there are people that want to hire me, they see the offerings I have in terms of packages and things that I offer. “I want the best. I want-” I’m like “No, no. You’re not ready for that.” “What do you mean I’m not?” They get — I’m like, “Look I could take your money. I’ll send you an invoice. You’ll pay me in five seconds.”.

Jim DeBetta: [00:12:54] But that’s not the right thing to do. The right thing is to get them in a better position to have a better chance at success. And the way to do that is to calm them down, right, and say, “Here’s what’s likely to happen. Here’s the path. It’s not going to take three weeks. It’s going to take three months or six months.” And then, they go back and sleep on it. And then, usually, most people will come back to reality and say, “Okay, I got it. I talked it over with whoever. I appreciate it. I feel good about it. Okay, how do we move forward?”

Michael Blake: [00:13:23] So, do you remember the first time or one of the first times you ever had to fire a client? And if so — Or maybe talk about any time you had to fire a client. What prompted that? And how did somebody get through your gate process, your gate keeping?

Jim DeBetta: [00:13:38] Well, some people, you just can’t get through to. I mean, if somebody is really that excited, you’re not going to stop them. If they don’t go to me, they’re going to find somebody else to do it for them, or they’ll do it themselves, which is scary because they really don’t know what they’re doing. I would always say, “You’re sick, you go to a doctor,” that kind of thing. You can’t be a product designer, a package expert, a factory, an attorney, and all those things. You can’t be, right?

Jim DeBetta: [00:14:01] So, those people will go ahead and try to do it anyway. Who knows who listens to this. Of course, there’ll be no names mentioned, but I have fired a lot of people. And the first time I fired somebody, it was hard for me because it was many years ago. And, again, you’re earlier in your business, and you need all the business you can get, but you still want to have integrity and do the right thing. But you try to justify it in your own mind like, “Should I fire them or can I just — They’ll be OK you know and I’ll still work with them.”

Jim DeBetta: [00:14:29] But I had a woman who, right off the bat, was, “This is the billion idea. And then, it’s going to be great.” You get excited by their enthusiasm. But then, literally, the next day, I’d be getting emails saying, “What’s getting done here? Are you doing this? Are you doing that? How can we ever reach out to one of the chain stores yet?” And I’m like, “We just started yesterday.” And even though I said, “It’s going to take time, this is the process,” I  couldn’t calm this person down, ever. And it drove me crazy.

Jim DeBetta: [00:14:58] Then, they get mad because you’re not performing even though you’ve had in writing saying, “This is what it’s going to take.” And you have a phone call, “This is what it’s going to take.” It’s almost like I didn’t say anything. And then, they are like almost going after, and I’m like, “I can’t.” I mean, forget the money. It’s like, “I can’t do this. It’s too stressful. Here’s somebody else you can go talk to.”

Michael Blake: [00:15:20] It’s the kind of client where every time they contact you, it’s never just talk about what a great job you’re doing.

Jim DeBetta: [00:15:26] But you cringe, you see that e-mail in your inbox, or the phone ringing, and you’re like, I don’t want to answer the phone when you call or be happy to get your email. I shouldn’t be working with you.” Over time, you evolve. Right now, I’m really picky. I want to work with people that are fun to work with, that I enjoy talking to. That’s like my biggest criteria now. I mean, a product is product, right? I mean, they’re made of something, they made in a factory, we sell it to the same stores, they’re widgets to me.

Jim DeBetta: [00:15:53] I mean, I get excited and passionate about the products when I go to the retailers, but, at the end of the day, a product is a product. I have to enjoy working with you because if I cringe or even shudder at the thought of hearing from you, who wants to do that? I don’t want to do that, enough for any amount of money really.

Michael Blake: [00:16:10] Yeah. Well-

Jim DeBetta: [00:16:11] Maybe, maybe.

Michael Blake: [00:16:15] So, this is actually segueing nicely into the kind of the next question I want to ask, which is, what are some of those warning signs that this relationship is a mistake and we got to think about ending it?

Jim DeBetta: [00:16:26] Yeah. On their end, they’re overenthusiastic to the point where they’re not being realistic. That’s the number one criteria to me. Number two is somebody that will tell me that they’re on their last dime doing this. And I have people that I start with. So, I’ve hired them, or they’ve hired me rather. And then, I have to fire them because they reveal something like that to me, something personal or something financial, and I’m like, “Look, it’s like building a house. You got to have the money to build the house. Once the architect lays out the plans, what are you going to build? The frame? And then, go out of money,” and I get that kind of scenario.

Jim DeBetta: [00:17:03] Those people, I have to try to help them for free, so to speak, and transition them off of what they’re doing or onto another, like maybe go to licensing versus doing it themselves, and introduce them to those people. But I got to let those people go to because that kind of thing where they reveal something personal to me, I know it’s going to be — Then, yes. There’s that performance pressure. If this thing isn’t a home run, maybe they won’t get mad at me, but I’m going to feel bad and it’s going to be devastating for them.

Michael Blake: [00:17:33] Right. I mean, if you have any sense of integrity, you do feel responsibility for the client outcomes. And yeah, I’m sure some people just want to bring inventions to the market because that’s just a vision they have. But people want to make money. They’re putting a significant financial investment. I get that too. And particularly in the startup space, someone will call me up and say, “I want to get my business appraised because I’m going to raise money.”

Michael Blake: [00:17:55] And one of the first questions I ask them is, “Well, you’re talking to this one investor. If they no, what happens?” “Well, I don’t know. I’m not sure.” “Well, do you have enough money to survive?” “Well, no. I need this investment.” I said, “Well, then my valuation doesn’t matter.” Right?

Jim DeBetta: [00:18:10] Right.

Michael Blake: [00:18:10] If that person walks away, you’re out of business. I’ve taken a check, but I haven’t helped, I really haven’t helped anybody in that process, right?

Jim DeBetta: [00:18:19] Right.

Michael Blake: [00:18:19] And that invention, inventor story sounds very similar to that.

Jim DeBetta: [00:18:24] I think that’s a big part of it. I think because those people that come to us, you hope that they’re coming to us for a reason because they don’t know something, we know something, they need our help. And that’s another reason that I’ve let people go is because people will hire me, and then they tell me everything that I’m supposed to be doing. Even though they have no knowledge, they say, “Jim shouldn’t you do this? And this is how this should be done. No, when you talk to a buyer this is what you should be saying.” I’m like-

Michael Blake: [00:18:48] Oh, that drives me crazy.

Jim DeBetta: [00:18:49] And look, I’m open here. Look, I’m willing to learn something new. I don’t care where it comes from. I mean, my kids can tell me something, and if I could pick up something, and it helps me to do my job better for them, great. I’m not about, “You hire me, so I tell you everything. You have no say. You have no ability to help.” I always tell people right off the bat, “This is a two-way street. We have to communicate. I need things from you. You need things for me. And if there’s differences, we talk them out. But primarily, you’ve hired me. You’re paying me to do something that you can’t do or don’t know how to do. So, when push comes to shove, you have to make a choice,go with my words because I’ve done this ten thousand times.”

Michael Blake: [00:19:29] Why hire me if you’re not you’re not going to listen to my advice?

Jim DeBetta: [00:19:31] Right. And I’ve let a couple people go in the middle of things because they were so overbearing with them hiring me, but then all of a sudden, they where the expert and I was the client. It shouldn’t be that way. Again, it should be collaborative, but it shouldn’t be where if I pay somebody to come do something for me, I expect that they’re going to be competent, and they’re going to do their job. And I say, “Hey, what about that?” or “Can you maybe look at this?” That’s your right. You’re paying money, but if you’re going to overwhelm, overtake the whole process, then you know what, go do it yourself or find somebody else. And it’s frustrating sometimes.

Michael Blake: [00:20:01] I think that gets a fundamental lack of trust, and not in your trustworthiness, but the client’s inability to trust you. I actually fired a client earlier, it’s now 2019, middle of last year because we did an appraisal for them, sent them a draft. And the client, then, took our drafts, started showing it, and said, “I showed it to my friend who’s an investment banker,” and he says, “Your numbers are wrong.” And I listened very carefully to investment bankers because they’re out in the marketplace. So, many of them are very good experts.

Michael Blake: [00:20:34] So, well. “What did you show them?” “First of all, I showed you the work product.” “So, okay, our engagement, I said, you weren’t supposed to do that, but, okay. What information did you give them besides the work product?” “Nothing, we had a 10-minute conversation.” “All right. So, our teams put in 25 hours on this, but you’re going to show this to one person with a 10-minute conversation, you’re going to decide that their opinion is more valid than mine. I think that you should retain them or somebody else. Let’s settle up and split because if that’s the level of trust you have in this process, I can’t think of what’s going to make it end well.”

Jim DeBetta: [00:21:16] Yeah. And we fight that in my business too. Somebody will immediately go somewhere else, or they’ll try to reach the retail buyers themselves because I haven’t gotten in touch with them quick enough. There’s always going to be those types of people. So, all you can do really is just try to set the table from the beginning, “Here’s how I work. This is what I expect of you. This is what you should expect of me.” We talk about it. We write it out.

Jim DeBetta: [00:21:37] Beyond that, you lose control a little bit. But, again, you can usually — I know I can get a great sense of how somebody is immediately. I could just tell. I could tell their tone. It also depends on how much experience they have. If they’ve been trying to do this on their own, and they’ve failed repeatedly, they’re coming to me at a desperation. They really will then say, “Okay. Jim, you do what you got to do,” because they’re at their end. They don’t have other option. They’ve probably tried other avenues, or tried calling other people, and they aren’t getting satisfaction. So now, I’m the end game for them.

Jim DeBetta: [00:22:08] Those people are a little easier to deal with because they let me do my thing, and they listen better. The ones that, like I said, get very emotional or very connected to their own thought about, “This is not going to fail no matter what,” I’m like, “Well, you need to have a great mindset, this is not going to be an easy road, but I’m telling you right now, the chances of you succeeding, they’re small. And I just want to let you know that right off the bat.” But we get that people will go around you, or talk to a name, or somebody who’s not from the business at all even, and say, “They said that this packaging doesn’t look good or the pricing is wrong.” And I’m like, “Are they buying it? Are they in this business?” I get a lot of that. And it’s easy usually to kind of squash it. But, once in a while, you get somebody who really push the envelope on it.

Michael Blake: [00:22:54] So, how do you tell whether or not there’s a systematically bad fit versus it’s just a bad day, bad week ,bad month for you or the client?

Jim DeBetta: [00:23:03] Yeah. I have people that they are a good fit, and then they’ll have that breakdown because they’re right, they’re spending money, and nothing’s happening yet. They’re not selling. It’s much easier to write a check to get prototypes done or patents done, but to sell a retail, it’s such a long-selling cycle. So, they won’t see money for six months, a year, and it’s hard for them. And so, sometimes people will — It seems like everything is going great, and I get that email that I’m happy to get or that call, but it’s a total flip. They’re like, “Jim, I don’t know what’s going on, and I feel this way, I feel that way.” That’s a bad day. They just need you to encourage them. “Look, this is the business. This is what we talked about. It’s going to be all right. I understand.”

Jim DeBetta: [00:23:46] Nine out of 10 times, they’re good. You talk to them right through, But other times, you get people who are completely the opposite. And, again, I got a pretty good feel, I rarely get it wrong these days. I used to not always get it right, but, now, I’m a much better because I’m even more patient with waiting for people. I don’t look to sign somebody up so quickly anymore. Now, I let people sleep on it, and I sleep on it.

Jim DeBetta: [00:24:12] I had been talking to a woman just yesterday, actually yesterday morning. Long story short, I talked to her a couple of weeks ago. She sent me samples, I looked at them, I thought they were really good. And I took a few days to call her back. I wanted to feel like this was a good fit for me as well. And we got on the phone, and we talked it out, and she understands. And I said, “Well if you’re good,” and then, I followed up with an email and said, “Let me know what you think.” And so, I’m slower in my process, but I think that allows me to have less error in what kind of client I have and how they’re going to be.

Michael Blake: [00:24:46] I tell people, there’s not that much benefit to being older. You get gray hair, and in my case you get two arthritic ankles, but the positive side of that is wisdom.” And realizing that the value of a deep breath, the value of sleeping on things, the value that you don’t have to respond to everything right in the moment because that leads to a bad decision more often than not.

Jim DeBetta: [00:25:15] And I’m not that way. I’m more of the impulsive type. It’s hard for me to sit back and wait. I’m not afraid to lose anything. There’s always businesses. There will always be. As long as there are inventors, I’ll be in business. I never worry about that anymore. But it’s still my nature to want to respond quickly, but I have to actually stop myself and find something else to do. Otherwise, I will be reactive too quickly.

Michael Blake: [00:25:40] Yeah. I mean, you’d love to resolve it, get it off your plate, and not have to worry about it. But again, that’s just growth. That’s the benefit we get for the gray hair. Do you have a preferred kind of method for firing a client? In other words, there’s a passive way to firing a client, which is basically raise your rates, and then they don’t want to work with you anymore. Or there’s that, “It’s not me, it’s you” conversation, even though in your mind you’re saying, “It’s not me, it’s you.” Do you have a preferred method or have you use different techniques based on a different scenario?

Jim DeBetta: [00:26:17] Yeah. When you had written that out about the raise your prices sort of thing, I think I do that naturally only because I know the type of client I want, and I know that will do well, and I know that client has to be financially capable of doing things. I know that there are people who will — I don’t do the free stuff or the 1999 to get them in the door. I don’t like doing those types of things because I know that that client will pay a few dollars to get information, but they probably won’t want to pay a lot more to have the real work done.

Jim DeBetta: [00:26:47] I don’t know if I have a specific way I go about that. I think I just feel it as I go and as things develop. But my criteria is, just like I said, it’s just more instinct than it is anything these days. I just get a sense. I get them on the phone. I won’t do it via email. If I have a problem with somebody, I am a big emailer. I prefer to actually email and text people than to talk all day long. But if I have a problem with somebody, I will call them, and I will say that it’s them. I won’t blame me because I know that I do the same thing for you, that I’ll do for you, that I do for everybody, if that makes sense.

Jim DeBetta: [00:27:24] So, I will let them know that. It’s not tolerable. I can’t work on the — You hired me to help you, and you’re telling me what to do, or you’re unrealistic. And I know this is going to lead to bad things. So, I tell them that either they need to change, and some people will, or they need to understand that we can’t work together anymore. And then I’ll finish up and help them transition, but that’s usually what I would do.

Michael Blake: [00:27:48] Well, that’s good. So, you don’t break up by email, or text, or anything like that.

Jim DeBetta: [00:27:52] No. Not like that.

Michael Blake: [00:27:53] Do it like a professional, right?

Jim DeBetta: [00:27:54] That’s a tough one to do.

Michael Blake: [00:27:55] But the object lesson here is if I ever see you calling, that means you’re going to break up with me.

Jim DeBetta: [00:28:00] That sounds great. I would tell people, “If I call you, and I don’t outbound call a lot of my clients a lot, it’s either something is going on bad, or something is really good, like we get a big purchase order from a retailer, but you’ll like it enough. That’s a fun phone call to get. But if I call you otherwise, something is up. Otherwise, we’re going to email and correspond that way.”

Michael Blake: [00:28:18] Okay. Is there a client you can remember that you should have fired, but didn’t?

Jim DeBetta: [00:28:27] There’s probably a bunch that I probably should have. And again, those with were the early days when I tried to hang on, not necessarily I really needed to, but I felt like I could. I tried to — Like I said, with age comes wisdom. Now I know that I don’t want to wake up tomorrow feeling stressed. I don’t want to go through a month of stress before I let somebody go. If I feel the tension, and I know it because it’s not me, even if I’m wrong, I’m still going to let them go.

Michael Blake: [00:28:57] I found that I cannot think of a time where I’ve ultimately regretted either firing a client or turning one away, but I can tell you for sure the clients that I’ve regretted taking on are not fired.

Jim DeBetta: [00:29:13] Yeah, I agree. I think you remember, if you will, the mistakes more than.

Michael Blake: [00:29:16] That’s right.

Jim DeBetta: [00:29:17] Because we don’t know what would have happened with that the other way. But we know when we keep ones that are difficult, you still try to see it through though, right? I always try to ignore how they get, and I just say, “Just let me do my thing.” If I just keep going on, and they don’t like what I’m doing, they’re going to fire me. So, I almost put it on them. I’m like, “I’m going to keep doing what I’m doing.”

Michael Blake: [00:29:37] Well, you think they’ll fire you, right? But some don’t.

Jim DeBetta: [00:29:39] Yeah. No, you’re right. But then it winds up working out because, then, they see what they hired me for, right. At the end of the day, at the end of the road, look, it worked, or you got your product developed, or hey, you’re selling it on whatever website. Then, they’re happy and appreciative later on.

Michael Blake: [00:29:56] So, that’s interesting. So, I think that’s sort of a lesson. It seems to me like you know pretty early on if it’s a bad fit. It doesn’t sort of sneak up on you necessarily. It’s not like the boiling fraud for example. It sounds like you know pretty early on.

Jim DeBetta: [00:30:09] Yes. Almost every time, I know right away.

Michael Blake: [00:30:12] Really?

Jim DeBetta: [00:30:12] Very quickly.

Michael Blake: [00:30:13] That’s awesome.

Jim DeBetta: [00:30:13] Because I can, again. And I think that a lot of it, it’s just instinct and experience. I’ve done it a million times. There’s only certain ways people can be. It’s not like there’s a thousand different ways people are going to act. It’s just really a handful when I see those that are red flags to me, I know. And like I said, again, even before there is a higher fire, I know how people are going to be. If I can’t manage their expectations immediately, I know that I shouldn’t even begin working with them. Never mind having to fire them, so to speak.

Michael Blake: [00:30:41] Because it’s not going to get better.

Jim DeBetta: [00:30:42] It’s not. I know it’s not going to be.

Michael Blake: [00:30:44] The more ingrained you get, you’re more entrenched, right?

Jim DeBetta: [00:30:46] Yeah. And I don’t need that.  I don’t want that.

Michael Blake: [00:30:48] Okay. Has a client ever talked you out of firing them? You’re all set, you’re going to fire them, but then they said, “No, I really want to stick it. Please, Jim. You’re so great. I promise I’ll be better.”

Jim DeBetta: [00:31:03] I don’t know if I’ve had that. I think it’s either it’s cut or dry. I’ve had a few people where I’ve told them they need to calm down. It wasn’t like you’re getting fired. I guess it’s like the warning, right?

Michael Blake: [00:31:15] Yeah.

Jim DeBetta: [00:31:16] You need to chill out, you need to do this, you need to do that, or you’re not communicating well, or you’re going and trying to email a buyer when I told you do not do that. People will go off the script, so to speak. And I’ll warn them. And then, those people will say, “Okay. I’m sorry. I didn’t realize it,” even though they probably knew what they were doing. And then most of the time, they’re good. They turn around because I try to be friendly. I’m not like, get on, I’m trying to be rough with people when I work with them. I’m not trying to dictate. I’m trying to do my job.

Michael Blake: [00:31:43] People hurt themselves when they do that.

Jim DeBetta: [00:31:44] Right. So, it’s kind of like a parent to a kid. Look, you’re doing this wrong, and then you hug him later and it’s fine, and usually that works out.

Michael Blake: [00:31:53] Okay. Any concluding comments? Anything we haven’t covered that you think we should before we wrap up here?

Jim DeBetta: [00:31:59] Well, I think we’ve hit on all the big things. I think you have to — I think, for me, and I think what other people can benefit from is even though you want that client, even though it may be important to you, whether it’s financially or just for your own self to feel like you can obtain clients. I think you have to go with your gut. I think you have to realize that if something just doesn’t feel right, and you feel like it’s overwhelming, or there’s going to be undue pressure, or you can’t manage those expectations, just don’t even do it. Don’t even start. I know it’s easy to say because I’ve been doing this, and I have an established business, but if I could look back at my younger self and do certain things over, I would probably have been a little more patient with the hire, so I didn’t have to worry about the fire.

Michael Blake: [00:32:43] Because hiring the wrong client can actually do more harm than good, right?

Jim DeBetta: [00:32:48] Yeah. And, also, if you get people who are a little off the wall with the way they are, they’re very aggressive, or they’re hotheaded. Then, today, with social media, they could just go online and be reckless in what they say about you.

Michael Blake: [00:33:01] That’s true.

Jim DeBetta: [00:33:01] I’ve been fortunate, I’ve never had anybody do that. Although I’ve not had many people that have gotten upset like that. But, still, it’s so easy. I mean, someone could just comment on this podcast blah, blah, blah. People do whatever they like.

Michael Blake: [00:33:13] You can walk out of here and accuse me of a federal crime.

Jim DeBetta: [00:33:15] Before I even get to my car, right?

Michael Blake: [00:33:17] Absolutely.

Jim DeBetta: [00:33:17] And that’s scary. So, you have to also be cognizant of that, that if you feel like that person is going to be that person. I have people call me up and they say, “Jim,” and they tell me how confrontational they are with other things in their life. And I’m like, “Yikes. Is that the kind of person I want to even work with? If things go south, maybe they’re going to-” If they’re telling me what they’re doing to other people, maybe they’re going to do that to me.

Michael Blake: [00:33:38] Sorry, I was late, I got a ticket for road rage on my first meeting.

Jim DeBetta: [00:33:41] Right, yeah.

Michael Blake: [00:33:41] Not a good sign.

Jim DeBetta: [00:33:43] Well, I’ll call you back tomorrow. We’ll see if we could work together.

Michael Blake: [00:33:46] So, well this has been great. I want to make sure people know how to find you. So, if they want to learn more about this or what you would actually do for a living, how do they find you?

Jim DeBetta: [00:33:55] Well, can you hide anymore these days? I mean, if-

Michael Blake: [00:33:57] I’ve tried, man.

Jim DeBetta: [00:33:59] You can’t. No, not today. Yeah, we push too much out there to be — I would say social media is the best way. I have one of the largest invention groups on Facebook in the world. It’s called We Know Inventing. People could go on there. But if they just go on and Google Jim DeBetta, it will lead them to my websites, which one is my namesake jimdebetta.com. I’m on Facebook, I’m on Instagram, I’m on LinkedIn very heavily, I’m on Twitter. They’ll find me in two seconds. They’ll be able to reach me. And I answer everything. It’s hard to because I get a couple hundred emails a week or messages. And I believe in that. I’ll sit up, and I’ll, at least, say, “Got it. And thanks for reaching out.” So, I respond to people. And I think it’s important to in business to be busy as you get to, at least, acknowledge somebody coming along.

Michael Blake: [00:34:47] Yeah. Well, very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Jim DeBetta so much for joining us and sharing his expertise with us. We’ll be exploring a new topic each week. So, please tune in, so that when you’re faced with your next business decision, you have clear vision when you’re making it. Once again, this is Mike Blake. Our sponsor is Brady Ware & company. And this has been the Decision Vision Podcast.

Tagged With: Dayton business advisory, Dayton CPA, Dayton CPA firm, fire a client, firing a client, inventors, Michael Blake, Mike Blake, retail production representation

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