"Lobbyist"—A Dirty Word But A Misunderstood Industry

Full disclosure—I am a former corporate lobbyist and part of my law practice includes representing clients' needs in government affairs, government relations, and lobbying.

In my experiences, I have witnessed many of the activities that are commonly associated with "lobbyists"; namely, the kind of discretions made infamous by Jack Abramoff and others.  But I believe that the public as a whole believes that such conduct is MUCH more prevalent than it actually is.  Lobbying and lobbyists are a necessary evil of politics and the vast majority of lobbyists and government affairs professionals are ethical and do things "the right way".

A brief history of lobbying: the name lobbyist came into popular parlance during (though not originating from) the days of President Ulysses S. Grant.  President Grant was a frequent visitor to the Willard Hotel's bar close to the White House.  Even in the mid-to-late 1800s, catching the ear of the President was a difficult thing to do.  So when the word got out of the President's favorite watering hole, people seeking to influence public policy followed.  President Grant hated the practice because it took him away from his cigar and brandy, but lobbyists soon became a great way for lawmakers to enjoy a drink or a meal on someone else's dime, all while learning about the issue de jour of their host.

Fast forward to today and there are more lobbyists and lobbying than ever.  While some bemoan the practice, I am excited and proud to see the profession's growth.  Lobbying is the First Amendment at its purest—a petition of grievances to the government and an exercise in democracy.  Have you ever emailed or tweeted your elected official?  If so, you are a "lobbyist", at least in the academic sense of the term.  If not, why not?  Communication no longer is restricted to smoky back rooms in a speakeasy next to Capitol Hill.  You don't need to spend weeks and months courting an elected official's staff members in order to get on their boss's calendar.  Today, you can contact your elected official at any level of the government, make a cognizable argument, and be sure that the member's staff member in charge of that policy area will read it.  Make a good argument, and that staff member will have your message in front of the elected official during their daily briefing sessions.

Lobbying professionals will always have the advantage of being able to develop long-term relationships with policy leaders and develop reputations of knowledge and trust for their respective issues.  Many also are involved in political action committees and fundraising efforts, giving lobbyists better access to elected officials than the average citizen.  But the days of lobbyists enjoying a monopoly on communication with political leaders are over.

Elected officials are, by definition, elected by their constituents.  If enough voters would educate themselves on the issues, organize communications with their elected official, and actually vote for candidates who support their positions, not even the most well-heeled professional lobbyist could change the elected official's position.  Self-preservation trumps a free meal every time.

There are generally two schools of thought in lobbying: use monetary influence to build relationships with members in leadership positions so that you can call in "favors" when the time comes; OR (they generally are mutually exclusive from my experience) use your superior knowledge of the issue at hand to educate elected officials and your supporters through grassroots communication predicated on the elected official's fear of not being reelected because of their opposition to your position.

Full disclosure again—I am a proponent of the second option.  First off, it is much cheaper and safer to go the education route.  If the party or member(s) in which you have focussed your contributions is no longer in power or in a leadership position, you have to start over.  Plus, it takes A LOT of money to move the political needle.  There are well-funded industries all over the political spectrum who are extremely active in political campaigns and issue framing.

It is my opinion that good advocacy will trump campaign contributions for most elected officials.  So give it a try and become a "citizen lobbyist".  Stay abreast of important political issues that affect your daily life, be it your pocketbook or your lifestyle.  Communicate your position to elected officials.  You might find that "lobbyist" becomes less of a dirty word and more of a badge of honor to be worn proudly after realizing that you, too, can influence public policy and politics.