Professional Standards &
Ethics
The Association of Executive Search Consultants
(AESC), as a worldwide association of retained executive search
consulting firms, strives to enhance the professionalism of
its members. Accordingly, AESC has developed the following
Professional Practice Guidelines to assist AESC member firms
in their business relationships with clients, candidates and
the public around the world. The AESC may amend these guidelines
from time to time as the profession evolves and adapts to
developments in business practice, technology and the law.
I. Relationships Between AESC Members
and their Clients
AESC members are partners with their
clients in a consultative process aimed at selecting organizational
leaders. Success in these partnerships depends upon a strong
mutual commitment to the task at hand as well as mutual trust,
candor and responsiveness by each party as the search progresses.
The AESC recommends that, in order to avoid misunderstandings
later, agreements between clients and member firms concerning
conduct of the search and other significant matters should
be put into writing.
A. Accepting Client Assignments
Outstanding client service begins with
a full understanding of the client organization, its business
needs and the position to be filled. An AESC member should:
1. Accept only those assignments that
a member is qualified to undertake on the basis of the member's
knowledge of the client's needs and the member's ability to
perform the specific assignment.
2. Disclose promptly conflicts of interest
known to the AESC member and accept assignments only if all
affected parties have expressly agreed to waive any conflict.
3. Develop an understanding with the
client that, among other things, makes clear the organizational
entity that is defined as the client organization, the fees
and expenses to be charged, and any ongoing assurances or
guarantees relating to fulfillment of the assignment.
4. Agree with the client concerning any
"off-limits" restrictions or other related policies
that govern when and how the member may recruit from the defined
client organization in the future.
5. Agree with the client on what information
about the position in question will be made available to candidates
and sources during the search, when this information will
be released, and in what form.
6. Advise the client when advertising
is required by law or is a recommended strategy for the particular
search assignment.
B. Performing Client Assignments
Members should serve their clients with
integrity and objectivity, making every effort to conduct
search consulting activities on the basis of impartial consideration
of relevant facts. Specifically, an AESC member should:
1. Conduct a focused search for qualified
candidates consistent with a search strategy agreed upon with
the client.
2. Develop with full client involvement
and approval a comprehensive job description for each search
engagement and make this available to candidates before they
are presented for interview with the client.
3. Thoroughly evaluate potential candidates
before presenting them for an interview with the client. Such
evaluation normally includes in-depth interviews in person
or by video-conferencing, appropriate preliminary inquiries
into references and background, and a careful assessment of
the candidates strengths and weaknesses against the specification
for the proposed position. Clients should be advised when
circumstances require a modified approach.
4. Agree with the client as to what reference
and background checks need to be conducted on finalist candidates,
what elements these checks should cover, how extensive they
should be and who will perform them. (See the AESC's Guidelines
on Reference and Background Checking.)
5. Present information about the candidate
to the client honestly and factually and include any reservations
concerning the candidate that are pertinent to the position.
6. Advise the client promptly and offer
alternative courses of action if it becomes apparent that
no qualified candidates can be presented, or that the length
of the search will differ considerably from that originally
specified.
7. Withdraw from the assignment if a
member determines that a client has characterized its organization
falsely or misled candidates and is unwilling to rectify the
situation.
8. Refrain from the presentation of resumes
in the absence of an existing client relationship.
C. Preserving the Confidentiality of
Client Information
AESC members should use their best efforts
to protect confidential information concerning their clients.
Specifically, a member should:
1. Use confidential information received
from clients only for purposes of conducting the assignment.
2. Disclose such confidential information
only to those individuals within the firm or to those appropriately
qualified/interested candidates who have a need to know the
information.
3. Not use such confidential information
for personal gain, nor provide inside information to any other
parties for their personal gain.
D. Avoiding Conflicts of Interest
AESC members have an ethical obligation
to avoid conflicts of interest with their clients. For example,
a member should:
1. Refuse or withdraw from an assignment
upon learning of conditions that impair the member's ability
to perform services properly, including actual or potential
conflicts of interest unless all affected parties expressly
agree to waive the conflict.
2. Provide to clients the member's undivided
loyalty as an advocate and professional advisor in the process
of negotiating with finalist candidates. Only in exceptional
circumstances, and only with agreement in advance of all affected
parties, may candidates be presented to more than one client
simultaneously.
3. Inform clients of business or personal
relationships with candidates that might affect or appear
to affect the member's objectivity in conducting the assignment.
4. Not accept payment for assisting an
individual in securing employment.
II. Relationships Between AESC Members and Candidates
Although a member's primary relationship is with the client,
member firms also seek to establish professional relationships
with candidates. These relationships should be characterized
by honesty, objectivity, accuracy and respect for confidentiality.
In building such relationships, a member should:
1. Explain the relationships that exist
between the parties involved in a retainer-based search consulting
engagement, and in particular the rights and obligations of
the candidate in the process.
2. Provide candidates with relevant and
accurate information about the client organization and the
position.
3. Encourage candidates to provide accurate
information about their qualifications. Upon learning that
a candidate has misled the client or member regarding his
or her qualifications, reject the candidate unless the client,
candidate and member agree that the candidacy should continue
following disclosure of the facts.
4. Present to clients accurate and relevant
information about candidates, and otherwise maintain the confidentiality
of information provided by prospective and actual candidates.
5. Only provide an individual's confidential
resume or other confidential data with the individual's prior
consent, and in the context of an existing client relationship.
6. Advise prospects and candidates of
the status and disposition of their candidacies in a timely
fashion.
7. Explain that only in exceptional circumstances
may an individual be presented on more than one search simultaneously,
and then only if all involved parties agree.
8. Advise candidates that, so long as
they remain employed by the client organization, the member
firm may not approach them as a candidate for a future search
without the express permission of the client.
III. Relationships Between AESC Members
and their Contractors
AESC members sometimes rely on contractors
and subcontractors to assist in the search process. Services
may be subcontracted but responsibility for them cannot be.
A member should:
1. Inform its contractors and subcontractors
in writing that they should adhere to the AESC's Code of Ethics
and Professional Practice Guidelines.
2. Avoid contractors and subcontractors
whose practices are inconsistent with the standards of professionalism
expected of AESC members.
IV. Relationships Between AESC Members
and the Public
AESC members should recognize the importance
of public trust and confidence in their profession and seek
to serve their clients in a manner consistent with the public
interest, taking into account differing legal contexts in
different countries. Therefore, a member should:
1. Observe the principles of equal opportunity
in employment and avoid unlawful discrimination against qualified
candidates.
2. Promote and advertise member firm
services in a professional and accurate manner.
3. Conduct relations with the media so
as to reflect favorably upon clients, the AESC, and the executive
search consulting profession.
Steps to Effective Reference and Background Checking
The taking of reference and background
checks is a critical part of the search process. In order
to avoid misunderstandings or problems at a later date the
AESC considers it is the responsibility of the search consultant
to clarify who will conduct reference and background checks,
and to ensure that all parties involved, i.e., consultant,
client and/or specialist third parties, understand their roles
and responsibilities in the process.
The following guidelines are intended
to help AESC member firms, clients and candidates better understand
the definitions and processes involved in this phase of a
search consulting engagement. However, member firms operate
in many different countries and these guidelines should not
be interpreted to contradict specific national legal requirements.
Definitions
Reference Check: comments, oral or written,
from current and past employers or colleagues concerning a
candidate's strengths and weaknesses vis a vis the proposed
position.
Employment History Check: verification
of dates, positions and responsibilities during a candidate's
professional career.
Educational and Professional Credentials
Check: verification of a candidate's college attendance, awarded
degrees and professional certification.
Criminal Record Check: a check of a candidate's
name against appropriate district, regional and/or national
criminal records.
Civil Record Check: a check of a candidate's
name against appropriate civil records.
Background Check: this is a broader term
often used to include all checks with the exception of the
reference check.
Media Check: a check, often employing
the internet, to see if a candidate has been mentioned in
newspapers or other media during the past several years.
Reference Checks
Reference Checking is a way to expand
understanding of candidates' skills and experience through
the opinions of those who have worked with them. The intention
is to build up a comprehensive picture of a candidate and
to validate or challenge conclusions that the search consultant
and client initially may have reached.
References customarily are conducted
by search firms both in the preliminary stages of a search
and, more comprehensively, in the final stages of a search
as an individual becomes the favored candidate. At this latter
stage clients may also choose to conduct references on the
candidate. Since, at this point, discretion and confidentiality
issues can be particularly delicate, AESC recommends that
this collaborative process be carefully orchestrated by the
search consultant.
The AESC does not recommend a specific
number of references to be taken nor how far back in a candidate's
professional career references should go. Rather, the specific
reference checking process to be employed should be discussed
and agreed upon between the search consultant and the client
since the circumstances of each search engagement are unique.
Background Checks
Background checks seek to ensure the
accuracy of more objective data such as employment chronology
and educational credentials. They also seek to ensure that
the candidate has no civil or criminal history that would
preclude successful fulfillment of the responsibilities of
the proposed position.
Many large corporations routinely conduct
such background checks on all senior executive appointees,
along with other screenings such as medical and drug testing.
Some do this in-house while others employ specialist organizations
to conduct the checks on their behalf.
AESC recommends that the search consultant
explicitly agree with the client as to who will assume responsibility
for such background checks. Regardless of who conducts them
the search consultant should ensure that there is agreement
with the client as to the level of checking and degree of
thoroughness appropriate to the engagement.
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