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© Strategic Business Ethics, Inc.  
Governance Alone Cannot Create an Ethic, a White Paper by David Lapin
Over-Regulation is as Dangerous a Threat for Business as is the Threat of Unethical Conduct
What do you consider the biggest threat to business growth?  Terrorism?  Currency fluctuation?  Global recession?  Brand destruction caused by unethical conduct?  Most CEO's believe that none of these represent the greatest threat to business growth.  At January's World Economic Forum in Davos, PriceWaterhouseCoopers released the results of a survey of global Chief Executives. Fifty-nine percent of the Chief Executives surveyed regarded over-regulation as the biggest threat to their growth, especially after the Sarbanes-Oxley act.

I am not for a moment suggesting that business, especially American business, does not need stronger principles of corporate governance, nor do I suggest that Sarbanes-Oxley is not a worthy and important piece of legislation.  But there is a warning call coming from business leadership:  Be cautious not to allow restrictive bureaucracy to strangle the spirit of innovation and responsiveness that has made American business great. Unethical conduct is the symptom of eroding value systems and diminishing ethical character.  Treating it with regulation and compliance policing alone increases the cost of doing business in the USA, without getting to the heart of what is wrong.  It is somewhat like a case in Japan some years ago where a dead baby was found deposited in a railway station locker.  The response of the authorities was to place a signboard at the lockers warning people of the penalty for leaving dead babies in lockers!  Regulation is at best a "pain-killer;" it does nothing to solve the deeper systemic problems.  On the contrary, I will argue, while making the system more trustworthy, regulation actually reduces the trustworthiness of the very individuals with whom the responsibility for ethics ultimately resides.

Trustworthy Individuals vs. Trust in Institutions
Our tendency to respond to ethical problems with legislation reinforces another serious flaw in the moral fabric of the American business community:  Low levels of interpersonal trust.  Research reveals that in the United States, people tend to rely on the system as a substitute (rather than an ancillary support) for interpersonal trust.  We do not trust our counterpart's word.  Instead, we rely on the contracts that our lawyers prepare.  We rely on the legal system to enforce those contracts.  We do not trust peoples' ethics; we rely on the competence of the Criminal Justice System to bring unethical people to justice.  This is why our contracts are becoming ever more cumbersome, and the fear and cost of litigation grows commensurately.  The cost of protection against litigation in legal fees and insurance is an unacceptably large and unproductive component of doing business in the United States.

Trust is one of the most powerful drivers of efficiency.  Markets permeated with high levels of trust are more efficient, by many multiples, than those tangled in webs of bureaucracy intended to protect innocent parties from unscrupulous practices.  The Antwerp diamond market, transacting hundreds of millions of dollars a day and operating since 1460 more efficiently than any other market in the world, traditionally operates by handshakes, with no written contractual requirements.  Dishonesty and litigation are rare.  Research confirms that business cultures high in levels of trust between employees and management save enormous costs and gain untold productivity. Savings manifest in staff retention, lower medical claims, sick leave, and claims for workers compensation.  Productivity gains result from far higher levels of commitment and engagement, innovation, and operational efficiencies.

So, treating unethical practice with new rules delivers business a "double whammy!" Firstly, it adds layers of bureaucracy and cost, and secondly, it creates greater reliance on systems and less reliance on trust.  By depending more on the legal system and less on the development of true trustworthiness, business loses a golden opportunity to enhance efficiency and grow value.

But the development of a culture of trust cannot be the function of government.  On the contrary, government's role, as in fact in the case of Sarbanes-Oxley, is to protect society from businesses whose cultures are not ones of trust and from individuals who are not trustworthy in their dealings. Business needs to recapture the initiative if it wishes to limit legislative bureaucracy.  It needs to become more trustworthy and cultivate cultures of trust.  It needs to do so not only because it is more efficient to do so and will avoid over-regulation, but also just because it is right to do so!

Building Trusting Cultures, Trustworthy Management, and Trusted Brands
So, what are some of the steps that a business can taketo cultivate a culture that is more trusting, management that is more trustworthy, and a brand that is more trusted?

Firstly, let us take a look at what causes these low levels of trust in American business.  It is not because American business people do not believe in the values of honesty and trust.  We do, and we try to teach those values to our children.  But there is a covert value system operating in the background of our society that undermines all the good things we teach and all the high values that we espouse.  That covert value system is underpinned by the idea that the quantity of the outcome is more important than the quality of the process.  It is more important to win than to be a fine sportsman. Use steroids in sports; cheat in school; bully in negotiations; threaten with litigation; act ruthlessly in business--Win at all cost.  Efficiency has a higher value than integrity.  This is not what we say, nor is it what we teach; it is simply the value we model.

And so, we have turned business into a game, a game in which winning is the only measure of success.  Business is a game where the quantity of the outcome is more important than the quality of the process.  We talk of winning and losing, because in a game there cannot be a win-win outcome: in a game there must always be a winner and a loser.  This metaphor undermines the credibility of cliché management phrases like "win-win."  We talk of game plans.  Even words such as "competing" emphasize the game metaphor.  Metaphors powerfully influence the way we think and inspire the way we act.  But if business is a game, then who is to say that our employees, and even our management, are on our team?  If our customers are our counterparts, why would we expect their loyalty?  Why would we expect our vendors to give us a good deal, if they too want to win the game at all costs? And if we are not breaking a rule (a law), why would we not act unfairly (unethically) to gain a point? When the pressure is really on and we believe we could win big time by breaking a law and getting away with it, why would we not do so?

The first step in building a trusting culture, then, is to change the metaphor--and with that, the business conversation--from game to mission and from win to value.  And I don't mean "mission" and "value" in the clichéd sense of the words.  I mean them in the literal sense of the words: a quasi-religious meaning to the word "mission" and both a moral and an economic meaning to the term "value."

The Value of Mission - 1:  Energy + Focus = Business Velocity
The word "mission," now an accepted term in business jargon, has a religious tone to it--something almost spiritual.  The zeal and focus with which successful businesses have pursued their missions is not too unlike the single-minded passion of the religious zealot. And it is deliberately that I use both words: zeal and focus.  Success requires both unrelenting focus and driven energy.  Too often, business strategists concentrate on the focus but not the human energy that, together with focus, creates business velocity.  A zealous mission does more than anything else for both energy and focus.

Human energy is generated from one of two sources: Animal instinct or a sense of purpose.  In the nightmarish images of 9/11, we saw many manifestations of focused human energy.  We saw masses of people running for their lives.  But we also saw heroic people risking their lives, running up stairwells instead of down them, in a desperate attempt to save another human life.  The energy of fleeing from danger is driven by the animal instinct of survival.  The firefighter running up the flight of stairs was driven by the purpose to save a human life.  There is also a third manifestation of human energy that we see on TV "reality" shows.  In these situations, too, people do amazing things, not to survive, nor out of any noble human value, but for the possibility of gain: either financial or fame.  The energy expended in the protection of things we have or in gaining things we could have but do not is also driven by instinct.  The desire to have more is an animal instinct.  The drive of the hero, on the other hand, is rooted in the desire to be more.  Carefully crafted business missions articulate the purpose of an organization and why individuals may find something heroic about working there, beyond the accumulation of wealth for themselves and shareholders.  It is this mission, this sense of purpose, that not only focuses strategy, but also generates human energy and creativity.

The Value of Mission - 2:  Moving an Organization's Culture from Greed to Ambition
Many missions expressed in quantitative terms unintentionally foster cultures of greed. They measure corporate success only by Wall Street's quarterly reaction.  These missions breed cultures of having more.  When a mission highlights a company's contribution to the lives of others (customers and society), not just to their pockets (shareholders), it inspires in employees a desire of being more through their work.  A "having" culture is a culture of greed.  A "being" culture is a culture of ambition. Shifting a culture from one of greed to one of ambition is the most important step in establishing a trusting culture.

In a trusting culture, success is built around a healthy respect for ambition but a distaste for greed. Ambition is the passion to succeed.  Greed is the desire only for the fruits of success.  Ambitious people earn recognition.  Greedy people demand reward.  Ambition propels people to make contributions.  Greed drives people to take credit.  Ambitious people celebrate the success of others, too. Greedy people celebrate no successes but their own.

Authentic and Inauthentic Missions
To sustain and build a trusting culture, missions should be both credible and authentic. Individuals or companies who promise to be all things to all men lose credibility. Credibility is built and focus is heightened when a great deal of thought goes in to two choices-- the first external, and the second internal.  The first: what set of customers are we serving, and what set are we choosing not to serve? The second: what are our true capabilities, and what are we not capable of doing?

Customers
Customer selection is traditionally defined in terms of market segmentation and geographical demography.  This approach to customer analysis reinforces perceptions of the customer as nothing more than a source of revenue for the company. Furthermore, today's boundary-less world, its shrunken distances, and its merged markets make that type of segmentation and targeting almost irrelevant.  To maintain the theme of a mission focused on contribution rather than gain, we should rather identify our customers by the nature of their need and the extent to which they value the fulfillment of that need.  The deeper the customer need we identify, the more value he or she will attach to its fulfillment.  Where your customers live or work is less relevant than what they value. With the almost infinite choices available to customers, what now matters most to them is the depth of their needs that you satisfy, the accuracy and focus with which you do so, and the concern for them you demonstrate, expressed in high convenience and low cost.  Starbucks does not aim to fill the universal need of thirst to a particular market segment.  Rather, it aims to satisfy the much deeper human and social need to connect and form community around a coffee experience.  Starbucks then sets about making that experience conveniently accessible to anyone in the world who wants it! Starbucks defines their customers by human characteristics and values, not segment and location.

Capabilities
For a mission to be authentic, the promise it makes to its customers should be one that results from optimal utilization of the company's capabilities and the passions of its leadership.  Capability and passion are what differentiate people and teams and are the true drivers of energy and innovation.  A mission will never ring true to employees if it is not congruent with the real passions of the leaders. Leaders of organizations dedicated to hospitality must love serving people.  Those dedicated to health care should feel passionate about health.  It becomes a bit more complex to craft an inspiring mission reflective of deep passion for companies who manufacture un-trendy, widget-like objects!  But even in these cases, leadership should see beyond the object of manufacture and penetrate to the deeper human need they aim to satisfy that is aligned with their own passions.  Nokia's migration from rubber and paper to mobile phone technology is an example of the innovation that this process can liberate.

In the same way, the mission should focus on a contribution that is well matched to the organization's real capabilities.  Capabilities are not strengths in used in conventional "SWOT" analyses.  A capability answers the question, "Having determined my strengths and defined my customers and their deep needs, what meaningful contribution do these strengths allow me to make to my customers?"

When a mission is fully aligned with its core foundations, customer set, capabilities, and passions, it commands credibility and inspires people to a higher sense of purpose.  It reaffirms their commitment to ambition for the company, rather than greed for themselves.

Trusted Management
Having designed and built a trusting culture, it is frightening how quickly the same management team who built it can destroy it!  In just the same way as a religious institution with a long tradition can be fatally damaged by clerics whose values undermine their core mission, the same can occur in a business.  If a business sets itself up as standing for a purpose higher than financial gain, its leaders, executives, and managers should live their business lives according to those values.  Living values does not mean abiding by them when they are not being challenged.  Living a value means upholding it, even when the cost of doing so is considerable.  The famous Johnson & Johnson Tylenol® case illustrates this idea.  Their story had a happy ending, but at the time of the recall, there was a strong possibility that the decision could sink the company.  The decision was not made for strategic reasons.  It was made as the costly expression of being serious about the values that are core to the organization's mission. Southwest Airlines writes letters to passengers who are abusive to their employees asking them to fly on other airlines in the future.  That is upholding the value of "our employees are our most valuable assets."  Most companies say that their people are their most valuable assets or that they value their customers, but when tested, they demonstrate that their truly supreme value is converting their customers' money as quickly and painlessly as possible into their own!  And guess what?  Employees know that.  And they accept it as the reality.  What then of managements' values and public statements?  Ask employees!  What do they answer?  "Who trusts management, anyway?"  Trusted management is the product of an executive team that has clearly identified the values needed to support their mission, has evaluated the cost of upholding those values no matter what, and is committed to living those values at all costs.  That means, as Jack Welch used to say: "We fire managers who don't live our values, even if they deliver results."  Easy to say--so very hard to do.

Trusted Brands
A trusted brand is more than a brand that consistently delivers what its marketing promises.  It is a brand that is an integrous manifestation of its company's values.  Just as when an individual's actions do not reflect his or her values, it causes distrust, so when a company's product does not reflect its values, the brand loses trust.  An innovative culture will produce innovative products.  A culture whose people are passionate about quality will produce quality products.  A company that values speed will consistently have products out before their competition and will shorten the chain of delivery.  When a business culture is not designed to support the message of its brand, it is hard, and often impossible, to successfully and consistently live up to the public's expectations created by the product's marketing.  The value of quality and reliability was palpable in the old culture of Mercedes-Benz.  In the case of BMW, performance was the clearly visible value underpinning its culture.  Is it surprising, then, that Mercedes, post its merger with a culturally very different Chrysler, is struggling to retain its formidable name for reliability?  Brand trustworthiness is one of the most serious casualties of mergers that have not adequately addressed issues relating to aligning culture and values with mission and product offering.

Financial Services
Dealing as it does with money - other peoples' money - the Financial Services Industry is more dependent on public trust than any other industry.  By the nature of its activities, it is also subject to the most stringent regulatory supervision.  On the other hand, it lives by the wits of its intellect, relying heavily on innovative product, service, and solution ideas.  Innovation is the business activity most seriously threatened by over-regulation. Financial Services, more than any other industry, should focus considerable attention on the cultures of its firms and organizations, aligning them with value systems that support their missions.  The problem is that the financial service industry is often populated with personality types who either do not value the power of the "soft" issues to impact performance, or are not skilled in attending to those issues.  A further problem lies in the number of mergers and acquisitions that inevitably occur as the industry evolves.  Due diligence for these mergers is so often focused only on the numbers, utterly ignoring the potential of clashing cultures to destroy shareholder value.  And so the industry most dependent on building trusting cultures is the least competent in this area!  It is not surprising, then, that the outcome of this failure to focus on the soft side of the industry has lead to ethical lapses and the consequent regulation, and possible over-regulation, of the industry.  But that regulation and the bureaucracy it spawns puts innovation, the industry's lifeblood, at risk.  Unless the industry pushes back the tide of over-regulation with higher standards of internal ethics, cultures that are more trusting, and management that is more trusted, it risks strangling its innovation and losing its edge on the stage of global competition.  Regulatory authorities impose trusted systems and procedures on the industry from the outside in.  More than any other industry, however, Financial Services should focus meaningful resources on building its trustworthiness from the inside out.  It should articulate worthy missions that stretch beyond the accumulation of wealth, shift its cultures away from greed toward healthy ambition, articulate and live a value system that supports its mission, and demonstrate a willingness to pay a high price to uphold those values at all times.  This will enable it to attract and retain people of high integrity and return the industry to the levels of public trust it needs in order to thrive.

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