Historians as Consultants and Advisors 251
13 Historians as Consultants and Advisors
Clients, Courtroom, and Public Policy
The professionalization of historical practices in the late 19th and early 20th centuries
encouraged historians to look for scientific objectivity in their work. However, the search
for objectivity did not stop pragmatic approaches. This materialized in what Benjamin
Schambaugh - historian and first Superintendent of the State Historical Society of Iowa called "applied history." In 1909, he stated:
I do not know that the phrase "Applied History" is one that has thus far been employed
by students of history and politics ... But I believe that the time has come when it can
be used with both propriety and profit.
(Conard 2002, 33)
Through the "pragmatic roots of public history," some historians reconsidered the strict
opposition between objectivity and usability (Conard 2015). This trend was not at all
limited to the United States. As Ann Rigney underlines in her work on Historians and Social
Values, the pragmatic turn in theoretical reflection has "prepared the way for a reconsidera­
tion of the historian's social role." Many British historians, according to her, "rejected what
they saw as a relativist free-for-fall claim in support of the unmitigated objectivity of the
historian and the scientificity of history" (Rigney 2000, 8). In spite of a pragmatic tum, the
usability of history remains a subject of controversy. The relations between historians and
employers - and the pressure that historians can feel from clients - are perhaps the most
visible subjects of tension. Among the different uses of history, this chapter focuses on three
categories of historians: those who work under temporary contracts as consultants, those
who are part of the staff and work as in-house advisors, and historians as policymakers.
Many different individuals, companies, or institutions may use historians. The term
consultant therefore refers to a wide category of historians. Most consulting positions fall
"into one of two categories, either a staff position within a firm or agency, or the role of
independent contractor/consultant" (AHA undated). However, if the goals are essentially
in-house, corporations and agencies can employ a permanent historian as advisor. For short­
term projects, clients may hire independent historians, historians working for a consulting
company, or historians who have an academic position (Ryant 1986, 36). 1
The role of consultants and in-house advisors is as wide as the field of public history.2 They
can trace family history for a client, prepare a National Register nomination for a commu­
nity, survey a site's historic resources for a construction company, process an archival col­
lection for a corporation, or research an exhibit for a museum or court case (AHA undated).
The American Historical Association's (AHA) review of historians as consultants and
contractors gives a good overview of the different activities such as preservation (cultural
resources management, nomination for historic preservation, Section 106), museums (con­
servatiop, exhibition, interpretation), archives (assessment, reorganization), media (film
advisersi), anniversaries, environmental issues (toxic wastes), and litigation (land issues).
I
These uses of history in public and private institutions have resulted in new debates
among historians. Questions emerged in the 1980s to know "whether the professional
ethics that govern academic scholars adequately guide adjudication of ethical situations
in the public arena." In 1986, Ronald Tobey argued in The Public Historian that academic
ethics were inadequate for public historians (1986, 21). While codes of ethics had already
been established for oral history (1968) and for museums (1978), historical consultants
approached the National Council on Public History (NCPH) in 1982 to design a new Code
ofEthics.
For consultants and advisors, the main challenge has been the relations with their
employers. In other words, to what extent do clients and employers control the production
of historical narratives, and how historians can perform valid historical research when ques­
tions come from someone else? Questions such as "Who controls the product of a contract
history? What are the duties of historians to their clients or agencies?" are of ten part of the
discussions on consulting historians. Pressure from clients and employers may result in dif­
ferent misuses such as false analogies and distortion for political purposes or economic gain
(Tobey 1986). Ethical issues also matter because historians working for corporations or as
civil servants in federal agencies may have conflicting duties. In addition to their responsi­
bility towards their employers (clients or federal agencies), professional historians have an
additional responsibility to the public (Karamanski 1999, 130).
The relations with employers question the term public historian itself. Since most of the
consultants work for clients, the public components of those historical activities are also
debatable. In many aspects, the practices detailed below refer more to applied than public
history. In order to work as consultants or advisors, historians need to know the specific
jargon of entrepreneurship, legal process, and federal agencies. Specific skills - such as
budget planning, accounting - and a basic knowledge of the legal process may be very useful.
Public Historians under Contract
Entrepreneurship and Corporate Historians
Entrepreneurial history is based on activities "which are organized for the express purpose
of generating history as a marketable product" (Overbeck 1986, 440). Entrepreneurship
is not only a practice but also a way of thinking (Bookspan 2006). Thinking in entre­
preneurial terms implies, according to Philip Cantelon (founder of History Associates),
"making the unusual connection, creating a great idea, and selling it to others," in other
words, creating "a useable product" (2006, 387). In general, historians (and more broadly
humanists) remain aside from entrepreneurialism (Clark 2012). Shelly Bookspan regrets
that "After twenty-five or more years of public history education, practice, and scholarship,
entrepreneurship generally remains unexplored territory in our literature" (2006, 67). Many
historians have seen the production of usable history for clients as betraying the principles
of the profession. For instance, in 1986 in Presenting the Past: Essays on History and the Public,
Terence O'Donnell considered the activity of working for clients as "a heinous compro­
mise" (O'Donnell 1986, 240-241).
However, historians' involvement in private corporations is not new. It developed with
the corporations' wish to preserve their records and make them available for research
Historians as Consultants and Advisors
252 Collaboration and Uses of the Past
(Mooney 1986). Krupp Company (Germany) developed internal archives in 1905 with the
help of historians (Mooney 1986, 427). In the United States, World War II is "a conveni­
ent demarcation point for the advancement of professional history in the private sector"
(Conard 2002, 161). Historian William D. Overman became a permanent employee of
Firestone Tire and Rubber Company in 1943 to "establish the first professionally staffed
corporate archive in the United States" (Conard 2002, 161).3
The first companies of consulting historians in the United States emerged in the 1970s.4
Historical Research Associates and The History Group, Inc. were created in 1974 and
1975 respectively. The first Directory of Historical Consultants, published in 1981, listed
approximately 30 individuals or firms (Conard 2002, 169). The rise of the public his­
tory movement in the 1970s also included the business/corporate history field. 5 However,
from the beginning "history-for-profit raised eyebrows in the historical profession" since, as
Rebecca Conard underlines, it "challenged an implicit assumption, shared by many, that
public history was somehow integrally linked to public service, public affairs, or public
benefit" (2002, 169). The discussions underline that public history is not devoid of internal
tensions and is constantly in redefinition.
Working Under Contract
253
Research Associates staff had long discussions to decide whether or not they would work for
a compqny that was struggling with environmental issues (Newell 2006, 107). It should be
clear th�t - although it is easier for consultants who have regular funding such as academics
- consultants can refuse certain projects. Consulting historians should not take work they
cannot complete, and should not be afraid "to recommend someone who has the skills for a
job" (Anderson 2013). The NCPH's Code of Ethics stresses that "a public historian should
not perform work if there is an actual, apparent, or reasonably foreseeable conflict of inter­
est, or an appearance of impropriety, without full written disclosure to the affected client/s
or employer/s" (NCPH 2007).
Historians and employers establish a contract from the beginning, before undertaking
any historical research. Every step of the project must be studied, discussed, and agreed. A
contract is both a limitation and a protection for historians. The purpose of the contract
is to foresee and plan how to fix possible conflicting and challenging situations during
the consulting job (PHAN 2008). For instance, the Australian Council of Professional
Historians (ACPH) suggests to "include from the outset in any agreement a provision for
dispute arbitration by an appropriate independent person or body with historical exper­
tise" (PHAN 2008). The contracting relations imply certain practices and methodological
consequences for historians.
Clients and Contracts
Restriction
Consultants usually work under contract. Working for clients implies certain duties and
certain skills. To work under contract, as independent historians or through a consulting
company, historians need to find a specialty, or niche, to create a professional identity
(Young 2012). Jannelle Warren-Findley suggests starting by making an inventory of one's
personal assets, fields of expertise, and work experience (2006, 77-78). This inventory
helps establish the sort of consultant historians want to be. Historians can then find a
name for their consulting company and eventually register on the NCPH's consultants'
lists.
Both as independent historian and as part of a consulting company, consultants should
know how to run a business. As Darlene Roth - founder of The History Group, Inc. explains, "You have to learn how to run a business, how to deal with 'LIFT': laws, insurance,
finances, and taxes" (NCPH 2010). Consultants may need to be able to design business
plans (start-up costs and how to cover them, target clients, services one can provide)
(Warren-Findley 2006, 85). Consultants must be aware of the tax system and other legal
responsibilities, and can contact an accountant and a lawyer.
As the AHA points out, "most consultants need to be familiar with the bidding process
and the ability to accurately outline and propose a potential project" (AHA undated).
Consultants must know how a contract is designed and where they can find clients
(Cantelon 2006, 393-394). The relations with (possible) clients are critical. Historians
should know about the clients and how they intend to use the historical research. As the
NCPH's Code of Ethics states, "Public historians should be fully cognizant of the purpose
or purposes for which their research is intended, recognizing that research-based decisions
and actions may have long-term consequences" (NCPH 2007). Public historians must
therefore assess the motives of prospective clients. As Alan Newel - founder of Historical
Research Associates - points out, "The historian may differ politically or philosophically
with a client on a specific issue and must decide whether this disagreement prevents him or
her from accepting the work." For example, he explains how, in a specific case, Historical
Consulting historians may have specific agendas. Indeed, the time structure and the unpre­
dictability of assignments for consultants diverge from the traditional academic calendar
(Warren-Findley 2006, 82-83). The clients can utterly design the calendar and deadlines.
Clients usually need fast answers for problem-solving issues. Consultants may have to work
under pressure with short-term deadlines. The ACPH stresses that "members should care­
fully plan and adhere to a firm and achievable date for the completion of a project" (ACPH
2006).
Clients may not only design the agenda, but also the research questions. Adopted in
2007, the NCPH's Code of Ethics and Professional Conduct asserts that "a public historian
should respect the decisions of a client or employer concerning the objectives and nature
of the professional services to be performed unless such performance involves conduct
which is illegal, immoral, or unethical" (NCPH 2007). Clients need historians for specific
issues and can decide on the final product. While they work for clients, consultants remain
professional historians, and this implies ethical restrictions. The NCPH's Code of Ethics
underlines that "a public historian should maintain exclusive supervision over historical
research studies and investigations" (NCPH 2007). The links between the duties towards
clients and the validity of historical research are therefore the crux of the ethical tensions.
Historians can discuss with clients the shape of the product (Newell 2006, 109). As
Jannelle Warren-Findley explains in her essay on consultants, there is usually no room
in the final production for "the kind of 'on the one hand, on the other hand' argument
that historians use to indicate the complexity of historical information" (2006, 84). In
spite of this specificity, clients - individuals, corporations, or federal agencies - ask for
valid historical research. As Roy Lopata argues about ethics and public history "a client
... is obviously interested in a real past, not fiction" (1990, 27). Indeed, invalid historical
research would be easily criticized and would undermine the clients' public image. This is
why Ryant argues that it is the role of the public historian to educate the business com­
munity to the professional and ethical standards (1986, 37). Many clients may focus on the
254
Historians as Consultants and Advisors
Collaboration and Uses of the Past
immediate and obvious present uses of the historical research, but historians can also point
out "the value to the public" and explain to the clients how historical research can have
broader and long-term impacts.
A major restriction for consulting historians can be about the final production. In Ethics
and Public History, Donald Page addresses the right of the agency or employer to change the
manuscript before publication and wonders whether an employer could "disallow the use
of certain sources, expunge parts of the text, deny authorship, or refuse to publish it with
or without changes?" (Page 1990, 65). This is particularly true for biographical or family
history but can apply to any type of contract. For instance, Ruth Ann Overbeck explains
that "the historian has an obligation to respect the client's wishes that the sensitive material
remain secret, if chat is the decision" (1986, 444). The NCPH's Code of Ethics agrees, and
acknowledges "a public historian is obligated not to disclose information gained in a profes­
sional relationship when the client or employer has requested such information to be held
confidential" (NCPH 2007). The only exceptions come from legal restriction, for instance,
"when disclosure would prevent a violation of law or prevent a substantial injustice to the
public interest" (NCPH 2007).6
Clients may want to prohibit some aspects of the historical research because they do
not fit the corporate, agency, or family images. In that case, Page explains "historians must
decide if this is sufficient reason to warrant it not being published with their blessings"
(1990, 68). It is important for consulting historians to make sure they have the right not
to be associated with the final use of the product if they think it goes against the historical
ethics. This is why historians can include the possibility to "withhold their names from
publication" in their contract (Page 1990, 69). Another solution may be found in "the
wording of the preface to explain the limitations, i.e, the degree to which the text has been
censored" (Page 1990, 68).
Contracts for Historians' Benefit
Contracts are not at the unique detriment of historians. They may also protect consult­
ants from un-ethical activities. The contract should protect the historian's credibility and
reputation. Importantly, the contract should detail the access to materials, collections,
and archives. From the beginning, it must be clear to the historian whether - and to what
extent - (s)he would be able to present the findings with historical integrity. Disclosure
must be discussed in the contract. The ACPH advises consultants to:
do your best to inform the client(s) of probable consequences of the project ... signal
any major problems or challenges in a project ... include from the outset in any agree­
ment a provision for dispute arbitration by an appropriate independent person or body
with historical expertise.
(PHAN 2008)
Any access restriction should be notified in the contract in order for historians to judge
the extent to which they would be allowed to perform valid historical research. The list of
restrictions can also protect historians from further criticism. The publication of the restric­
tion in the final product may explain why the final production ignores certain aspects of the
past. It must be clear to the public - including peers - what the restrictions and roles of the
historians were in the project.
255
Fees and Expenses
Historia�s under contract need to discuss fees and expenses. Consulting historians must
know how much they would charge for their different activities. For instance, in a post
about historians as consultants, Walter Woodward regrets the habit of not financially
compensating historical advisors for film and documentaries (NCPH 2009). However, in
order to avoid conflict of interests, the ACPH stresses chat "Members should not accept
compensation, financial or otherwise, from more than one party for services on the same
project, unless the circumstances are fully disclosed and agreed to by all interested parties"
(ACPH 2006).7 Evaluating the right value for a consulting job is a hard task and historians,
at least at the beginning, tend to undervalue their work. Public history students could, at
one point in their training, design contracts with cost and salary.
Fee and charge are often secret issues. Consulting historians are reluctant to give accu­
rate figures regarding how much they charge (Adamson 2012). In a very interesting post,
Christopher Clark goes against the tide and details his own experience. He stresses "most
independent consultants provide services on an hourly basis" (2012). The rate depends on
several factors such as competitors and consulting experience. Consulting historians should
be careful not to undervalue their expenses such as research, materials, office, utilities,
travel, mailing, but also less obvious costs like health insurance and tax. There is here a
huge difference between full-time consulting historians and others who perform this activ­
ity in addition to a salaried position (usually in academy) and who may charge lower hourly
rates. Clark argues that "a ballpark figure for an experienced public history consultant would
be $ 100 per hour" and that this number could vary according to the market and experi­
ence, down or up by 50 percent. As he argues, consulting is not charity (2012). In addition
to Clark, the ACPH provides a more official scale of fees for professional historians with
different levels according to experience and expertise in Australia (Professional Historians
Australia 2014).
Historians in the Legal Process
A Variety of Issues
Some consulting historians work in a special environment: the legal process. However,
few court cases encompass a historical perspective and few historians become involved in
litigation. Although there have been old examples of historians involved in trials - the
late 19th century Dreyfus Affair in France, for example - historians' involvement in the
legal process arose only after World War II (Delafontaine 2015, 35--43; Petrovic 2009,
56-66). Historians offer their expertise to prosecution and defense in civil, criminal, and
administrative proceedings (Kousser 1984).
In the United States as well as in Canada, Australia, and New Zealand, one of the
main fields has been about historians involved when some indigenous tribes have sought
compensation for past land takings (Newell 2004, 87). For instance, Arthur Ray under­
took academic historical research on the Indians and the Canadian fur trade. Because
of his research, Ray became an expert witness in the Canadian legal system, and has had
a role in "intensifying struggles of Aboriginal people to use history to define and defend
their Aboriginal and treaty rights in Canadian courts" (Ray 2011). In the United States,
Delafontaine shows that 50 historians have witnessed in 314 tobacco litigation court
cases from 1986 to 2014 (Delafontaine 2015). In Europe, examples of historians as expert