Ethics Offers ‘Hangover Cure’ for Government Relations Headaches

At a time when the partisan political landscape has upended many of the norms and institutions that we once thought unshakeable, the “Schoolhouse Rock” theory of lawmaking almost seems passé.

As a firm that works closely with public interest- and movement-minded clients as well as regulated industries and trades, we have spent much of the year rewriting our lobbying playbook. What were once assets in driving policy change—deep grassroots, testimonials that humanize the policy impact, even appeals to bedrock American values—now seem ineffectual and can make you a target.

So much change in so little time can be disorienting. It can make you forget why you became a lobbyist in the first place. It certainly makes it harder to have fun doing the work, even at a firm that adds a sense-of-humor clause to its contracts.

We are nine months into this presidential term, and the ingredients for a winning government relations formula are changing by the minute.

The new and unpredictable environment is tough on clients, who must continuously assess whether they have the right external and in-house support, or whether their policy shop should be tracking Truth Social more closely. It is also tough on government relations professionals, who must weigh whether they focus on Congress or on specific regulators.

The torrential pace of executive actions, paired with a diminished role for Congress and regulators, has forced clients and their advisers to constantly react; struggling to separate the wheat from the chaff; and asking the legal department what will or won’t fly in court based on laws from the 1700s.

We’ve applied our deep experience and grasp of policymaking to innovate and help our clients adapt. Though we keep learning and iterating, there are three dynamics that continue to shape our government relations strategies:

Finding opportunity in a diminished Congress. Congressional authority over everything from domestic spending and trade to routine oversight functions has been greatly diminished as the executive branch takes a larger role. The unilateral withholding of appropriated funding, whether through rescissions, so-called “freezes,” or agency overhauls, leaves Congress sidelined and with little recourse.

Members of Congress are facing charges for conducting oversight pursuant to federal law. Lawmakers—and our clients—are now forced to make use of other tools, such as litigation and new media, to stay relevant. And those in the minority may face additional pressure to use these tools and others like constituent communications to drive policy change in a high-stakes environment.

Advocates who push elected officials to do more today need to be aware of ethics rules on official business or risk shattering trust and reputations tomorrow.

Readiness is exhausting, but essential. Sectors and individual entities targeted early by the administration are either implementing deals reached to avoid adverse actions or trying their luck in court. The choice for others wondering if they’ll be targeted next, to borrow from Gandalf the Grey, is what to do with the time that is given them. It is particularly through this work that we see warning signs as well as opportunity.

A series of converging factors make it increasingly critical for nonprofit and corporate lobbyists to know when they’re engaging in lobbying and doing it responsibly. Governance and compliance work can be draining, but it’s the best way to clear the decks of potential distractions so you can focus on what matters most: Your constituency and mission.

A corporate entity that suddenly finds itself affected by tariffs or other policy changes may not be as familiar with ethical rules and the legal requirements of lobbying. The same goes for nonprofits who see crucial federal programs under threat and find themselves advocating in Congress and across agencies on behalf of the communities they serve.

In both examples, people on payroll are communicating with policymakers to influence matters of law that affect their organizations. They are suddenly lobbyists—often without realizing it. Leaders at these organizations should ask themselves whether their lobbying strategies are proactive and consistent with their values. When in doubt, use ethics as a guidepost.

Ethics as a “hangover cure.” We wouldn’t fault anyone for giving up on ethics and embracing the new normal. But, come morning, ethics might be akin to that glass of cold water you intentionally placed on the nightstand after a night of drinking. When we look back on this era, ethics might reassure us that we didn’t do or say anything that we regret.

What do we mean by ethics? Part of it is the timely and accurate filing of lobbying disclosures, keeping track of spending on any lobbying activity, and avoiding the appearance of impropriety. For nonprofits, it means drawing bright lines between political activity and civic education. For corporate actors, it could be intentional political giving, direct or in-kind, that abides by legal limits.

Fear of scrutiny alone should be enough reason to take these things seriously. That also may be the best way to protect the government relations profession against the pressure to become overly partisan and entrenched, unconcerned with subject matter expertise or with the ability to build new relationships.

We lobbyists, even the nerdiest among us, are social creatures. We’re driven by curiosity, relationships, and creative solutions to policy problems. We’re also competitive at our core. Playing by the same rules is how we avoid excesses we might come to rue as an industry.

An even playing field helps to prevent selective enforcement based on organizational or client viewpoints. It preserves the government relations industry’s ideal as a marketplace of influence and policy expertise. It’s how we keep our humanity and, yes, our sense of humor.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Eduardo Soto is a principal in Raben’s government affairs and issue campaigns practice areas.

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