How to steer clear of the wrong hire for your drone business
By Jonathan Rupprecht, Esq. for Drone Analyst®
It seems everyone is running toward the “drone” rush to make a quick buck. The way I see it is many of the consultants and attorneys assisting businesses with drone work are in reality experimenting on their clients. Many are unqualified in aviation but skilled in selling. Others have very questionable pasts that will not be mentioned in the marketing material.
Why is the drone industry attracting unqualified individuals? Some reasons:
- newness of the industry
- lack of organizations willing to do gate keeping at conferences
- lack of reporters willing or knowledgeable enough to expose problems
- few in the industry knowledgeable enough to understand the errors or seriousness of the situations
- unwillingness to expose others because they themselves are somehow implicated
In light of these factors, you might need some help figuring out who NOT to hire. I outline six below.
1 – Google them like crazy.
Google their name. Google their company. Google everything you can about them as this will generally bring up things that might not have been mentioned in their marketing material. You want to break down your research into two phases:
- research articles or mentions for the period of time they started their business and going forward and
- research articles or mentions for the period of time before they started their drone business.
Figure out when they started their company by asking them, looking up the filing date for their company name in their state’s department of corporations or looking up the whois website domain registration date. (While on that site, also write down the mailing address and name listed.) Use that date and plug it into Google and then hit search. Then click search tools. Click anytime. Click Custom range. Now run a phase 1 and then a phase 2 search.
You additionally might want to throw in extra words to the Google search just to see if anything hits. For example, “Bob Smith liar fraud theft steal scam criminal crime arrest scandal expose court charged lawsuit.” I’ve been noticing that in phase two, all sorts of goodies pop up. They come from other industries where they have made a name for themselves and are moving into the drone industry where they don’t have a bad reputation.
2 – Find out if they had to hire someone in aviation
This is a big giveaway that they are new to the area. Following up on point one, some are from other industries and had to hire someone with an aviation background to make up for their lack of skills in the area.
In the phase 2 search, you might have noticed a lot of hits where they indicated they were in another industry. You need to figure out WHY they are no longer in that industry and now in the drone industry.
3 – Figure out their real name
I have noticed that some individuals intentionally change their first name. You might want to try variations of their first name. Another way to figure out their true name is to look up their government documents on their state’s department of corporations website. This is likely their true name. Sometimes they might have put down their true name and address on their whois domain registry. Go back and do phase 1 and 2 research with the new name.
4 – Ask around. Call their competitors and ask if they know anything
This can yield good results, and so can asking your friends what they know. There is a lot of word-of-mouth-only knowledge floating around in this industry. The reason is that some have personal knowledge but don’t want the info to go public because it will hurt them (maybe because they have a business deal with them, they didn’t do proper vetting before recommending their clients to them, etc.).
You can make these calls when you are searching for a consultant or attorney. While talking to Consultant B, you can say that you talked to Consultant A while shopping around. See if Consultant B says anything. You have to be careful when doing this because the vibes you give off could cause you problems. If someone was asking me what I thought about another attorney, I would be thinking they are either wasting my time because they want to maybe hire the other attorney or they are a problem client and I don’t want them.
5 – Check with the state bar – especially if they claim to be an attorney
Determine how much “legal work” they are doing. Many consultants do everything under the sun, including legal work. Basically, the practice of law is applying the law to the facts at hand. The big problem with this is many consultants are committing the unlicensed practice of law, which is a crime in most states, because they are not attorneys but are applying the law to their client’s facts. They advise you on the law while they themselves break it.
It is always interesting that I have mentioned this and immediately get blowback from the consultants who claim they don’t think it is the unlicensed practice of law. Great! I have a wonderful tie breaker. Call your state bar—or better yet—their state bar, and ask them if what they are doing is the unlicensed practice of law. They aren’t doing anything wrong, right? I’m sure they won’t mind.
Most states have unlicensed practice of law committees and hotlines just for this. (Remember that this is a crime and states take it seriously.) A simple Google search for that phone number will return results. Call it and ask some questions like, “I’m a concerned consumer and I want to know if _____ is committing the unlicensed practice of law by offering a particular service they list on their website.” This way you can get an unbiased answer on whether they are committing this crime.
Checking the state bar will sometimes show that some attorneys have been disciplined by their state bar. Sometimes it will show worse—that they are not an attorney, or they have been disbarred. I know of one situation that was relayed to me where a person was claiming to be an attorney at a drone conference, but was NOT. Let that sink in. Their attendance at a drone conference is meaningless. Conference organizers are not policemen. Furthermore, just because a website shows their advertisement doesn’t mean anything, either.
Another benefit to licensed attorneys is they have to pass background checks and maintain ethical standards according to their state bar rules; however, consultants do not have any gatekeepers doing background checks or third-party oversight to ensure ethical or legal compliance.
6 – Ask if they have insurance.
Insurance is there to protect you if they make a mistake. Some attorneys have malpractice insurance, but I have no clue how many consultants do. Checking for insurance is great way to weed out the professionals from the posers and dabblers while also making sure you are protected. See if you can get a certificate of insurance from them or call their insurance broker or insurance provider and confirm that they are insured.
In conclusion, no industry will look out for you, and this applies to drones, too. You need to take care of yourself. And it’s wise to advise your friends to do their due diligence when hiring consultants or attorneys. I suggest that right after you read this, you do research on everyone you are presently in contact with or working with and send this article around to spread awareness.
Image credit – pixabay