Seeking Counsel for Your Family Business
Sometimes, family members just aren't the best people to make tough decisions about a family business. A trusted advisor can make those decisions for you.
By Jane Applegate
| December 10, 2001
URL:
http://www.entrepreneur.com/management/familybusiness/daytodaymanagement/article46876.html
When sisters Moo Thorpe and Sonja Bohannon's father died
suddenly in 1992, it was more than a family tragedy. It jeopardized
the future of their third-generation family ranch and hotel
business in New Mexico. "Our dad was like John Wayne,"
said Thorpe. "Everything revolved around him."
Her father might have felt like John Wayne, but he was not
immortal. His sudden death and the lack of a written succession
plan threw the family into a tailspin. "Mom took over, but she
was resentful," said Bohannon. "Everyone expected her to
be dad. A few years went by, and we noticed she started pulling
away. She didn't call as often and didn't talk to us about
what was happening on the ranch like she used to."
Then, the sisters learned that she'd been talking about
selling the ranch to a local hotel chain. "We were facing a
crisis," said Thorpe. "It was lose the family, lose the
lodge—lose everything, or make the best of it and maintain a
relationship."
The family retained a family business consultant, who arranged a
retreat for the entire family—four children from his two
marriages and their father's widow, Lore Thorpe. At the
retreat, they created a chart to rank the concerns and needs of all
involved, considering both financial and emotional needs. The
results of the exercise were a surprise to the sisters. Even though
all the children felt a strong emotional attachment to the ranch
where they'd grown up, the formal evaluation process revealed
that the best choice for everyone involved was to sell it and move
on. "When we sold it, I felt as if I'd been set
free," said Moo. "I didn't want to be crippled by it
anymore, and I didn't want my daughters to be crippled by
it."
"It was cathartic," said Bohannon. "It's
still raw. It was a lesson in letting go."
The challenges faced by the sisters were extreme, but not
unique. Over 90 percent of businesses in North America are family
businesses, according to statistics supplied by the Family Firm
Institute (FFI), based in Boston. Family-owned businesses in the
United States account for 78 percent of new job creation, 60
percent of all employment and over 50 percent of the Gross Domestic
Product, according to FFI, a professional organization that
promotes an interdisciplinary approach to family business
consulting.
FFI President Francois de Visscher, a family business consultant
and fourth-generation family businessman, said building a family
business offers a terrific opportunity to build tax-deferred wealth
within a family. Parents who are able to pass on a prosperous
business to their children also receive a great deal of pride and
satisfaction. He said right now, with the aging baby boomer
generation, the country is facing the largest intergenerational
transfer of wealth in its history—more than $4.2 trillion
stands to be passed on by family businesses in the next 20 years,
and more than $10 trillion in the next 40 years.
However, despite the statistics that indicate their dominance in
the economy and the many advantages to family business, only 30
percent of family businesses survive into the second generation, 12
percent into the third, and just 3 percent last into a fourth
generation, according to the FFI. Experts say family businesses
face additional challenges that non-family businesses do not. Among
these are the problems of succession and inheritance as well as the
mixing of personal and business matters. In many family businesses,
there are additional conflicts between those family members who
work in the family business and those who do not.
Jim Hutcheson, a consultant and former family business owner,
shared the following example. He worked with a business that was
owned equally by the parents, their son and their daughter. They
came to him for help because the son had a terrible heroin and
cocaine habit and had embezzled almost $250,000 from the business.
"They came to me because they wondered what to do," said
Hutcheson in an interview.
Clearly, if this embezzling drug addict had been a business
partner and not a brother and son, there would have been no
question about the course of action. But family members in business
with each other have trouble making decisions that put the business
ahead of family concerns, even when the solution might seem obvious
to an outsider. It's for this reason that outside counsel can
be so crucial for the survival of family firms, especially at times
of transition, be they from business growth, succession or any
other major changes.
"In the seventies, no one wanted to talk about family
business," said David Pistrui, who teaches at the Alfred
University Center on Family Business. "It was seen as
shameful. Now, the entrepreneurial spirit is seen as positive, and
there's a close association between entrepreneurship and family
business."
Choosing an
Advisor
Here are some tips on choosing an outside family business
advisor:
- Make sure the person is not affiliated with any family business
members.
- Make efforts to keep the relationship professional, beginning
with the hiring process.
- Do not allow the mediator to be drawn into family
relationships; their involvement must be kept to the business level
alone.
- Choose a person that all parties can trust.
- Set clear expectations at the beginning of what you want the
counselor to accomplish.
- Make sure everyone involved is open to change.
- Let the consultant act as a confidant to business. They must
understand the family relationship dynamics, but not get involved
in them.
- A consultant should serve as a window on the outside world, a
mirror to the activities of the business and a catalyst for
change.
Jane Applegate is a syndicated columnist and the author
of 201 Great Ideas for Your Small Business. For
a free copy of her "Business Owner's Check Up," send
your name and address to Check Up, P.O. Box 768, Pelham NY 10803 or
e-mail it to info@sbtv.com.
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