June 2004

Question

How does a student with a concentration in HR, get into HR Consulting?

Answer

As I have said numerous times in this column: get yourself some experience first. Not only do you need practical scenarios as examples, but you need actual experience. Your clients will want to know what you have done in the past. You need credibility. Apply for a job in a large organization where you can obtain a variety of experiences. In addition, you may wish to purchase ASTD’s Becoming an Outside Consultant Infoline. This quick read will  provide you with the basics.

Question

What are the standard rates for a training consultant? I'm looking for a more flexible working situation after having my second child. I want to approach my current employer about working as a contractor but I need to know what the going rate is so I'm asking for an appropriate per hour or per project amount.

Answer

Consulting is a great possibility to add flexibility to your work life. However, I do not think you should be pricing per hour. Price your work by the project. There are no standards. The price you place on your head is dependent upon where the work exists (coast or Midwest; large city or small town; large company or small); your level of expertise; the industry in which you work; availability of the skill required. Each of these either increase or decrease the value of the service you provide. You might ask some of your consultant friends about rates in your area or your industry. The only book that I know that deals with pricing in a straightforward way is The Consultant’s Quick Start Guide.

 Question

If a consultant uses journal articles, books, newspaper clippings, etc. to enhance the instructional designs, is it necessary to obtain permission from the authors or is it okay to properly reference the material in the workbooks, manuals, etc.?

Answer

You must ABSOLUTELY obtain permission to use all of the above and more. Seemingly insignificant things such as cartoons, photos, or music played during a training session must also have copyright permission.

You may be thinking that you do not need to obtain permission due to the “fair use doctrine.” Fair use was created to provide balance between owners’ rights and the public’s needs to have a free exchange of ideas. The copyright fair use doctrine excepts use for nonprofit educational purposes. As consultants, most of us are out to make a profit—so don’t try it with someone else’s materials. The penalties are stiff. Infringing on others’ copyright is a federal offense, with fines starting at $10,000 upwards and may even include imprisonment. Need information about how to obtain permission for single or multiple-use of others’ materials? Check The Consultant’s Legal Guide, where co-author, Linda Swindling provides several draft letters.

Question

Is there a standard contract that consultants use? I have worked with clients who have provided me with a contract, but I do not have a generic one to use with clients. Could you suggest a source for this information, and any specific issues to be aware of?

Answer

Two books will provide you with the information you request for this legal question and for others. The first is The Legal Handbook for Trainers, Speakers, and Consultants by Patricia S. Eyres. The second is The Consultant’s Legal Guide by Elaine Biech and Linda Byars Swindling, esq.