When it comes to business, I say that I’m not competing with any other ERISA attorney out there, I’m competing against myself.

I will say that the biggest obstacle to getting business has been my opinion. Being frank and espousing what you believe in, can certainly rankle people, especially those who think ADP and Paychex are great at plan administration.

Whether it’s producing third-party administrators, or payroll providers, or opining that an auditor had to be truly independent from other plan providers, my opinions can offend. I should say less and only nice things, but that’s not me. If something bad in the business is going on, like a lack of fee transparency before fee disclosures or punitive termination fees, I’m going to say something. That’s me. You need to realize that expressing an opinion, no matter how popular, can offend and draw away business. There is a cost for “free speech.”