LOBBYING 101

WHEN SHOULD YOU HIRE A LOBBYIST? When legislative or regulatory action/inaction will affect your organization’s outlook. The best time to hire a lobbyist is when key issues are on the horizon, as most successful advocacy takes some time to bear fruit. WHAT DO I LOOK FOR IN A LOBBYIST? Your lobbyist must be seen as an honest broker of information, not only to you, but to key lawmakers & executive branch leaders. The lobbyist should also be knowledgeable about the issue at hand. When hiring a lobbyist, you should consider several factors. Many lobbyists have better relations with one side of the political aisle or the other, so you should determine whether you need someone that is better at lobbying Democrats or Republicans, or one that is effective with all political parties. Are you looking for a big-name firm with a large staff, or a smaller, more entrepreneurial one? Does the firm already have clients/expertise in your business sector? Do they have any clients that conflict with your company/group? Is the top lobbyist who showed up to woo you going to do your work, or hand it off to colleagues? Take the time to interview the lobbyist and have a clear sense of your expectations prior to the meeting. WHAT ARE QUESTIONS I SHOULD ASK? What is the primary focus of your practice? (lobbying, legal practice, public relations, etc.) What are your issue specializations? How long have you been lobbying? How long have you been with your firm? Any plans on leaving in the foreseeable future? How many lobbyists does your firm employ? How many active clients do you expect for the next session? Are you able to take on more clients? Describe your most recent experience with pro-active and defensive legislative/regulatory efforts. What kind of updates do you provide to clients? Have you had any ethics violations of any kind? What factors go into your fee structure? Are you a Republican, Democrat or Independent? Tell me about how politics work in your legislature. HOW MUCH AM I GOING TO PAY? There are many different options (annual retainers, lump sums for specific projects or monthly rates). Prices change considerably based on client needs and how the firm operates. Fees can be as low as $12,000/yr, but are typically in the $15,000 to $80,000 range. It is most common to pay a monthly rate. Prices are negotiable, depending on the length of the lobbying relationship, the intensity of the work, and what the market will bear. Larger, more established lobby firms are less negotiable, while smaller startups are more negotiable. When discussing fees, be sure you know that success fees, commissions or contingency fees for legislative lobbying are illegal in 37 states and subject to reporting requirements in others. However, contracts for a specific success are legal in many localities and are legal in many states for procurement contracts. DO I HAVE TO GIVE POLITICAL CONTRIBUTIONS? Contributions may provide greater access to legislators; however, there are no quid pro quo’s. A political contribution will not guarantee passage of legislation, but they may enhance your ability to meet with key leaders to make your case.

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