Fiduciary standard?

By Bill Bachrach

Bachrach & Associates


The headline reads: "Wall Street wins big as Dodd drops fiduciary provision." And the first line of that article is "Chalk it up as a win for the securities and insurance industries." How do the securities and insurance industries win when the client loses? It's a fascinating way to view the world, but not surprising. Here's my translation: "the lower the standards the easier it is for us to manage our advisors, salespeople, and agents." It's the usual product-oriented, fear-based thinking from our industry at-large and it proves, once again, that you have a competitive advantage as an individual trusted advisor who chooses to put the client first. Can you believe what you just read; you have a competitive advantage by putting the client first? Yes, you do. Doesn't everyone put the client first? Apparently not. Amazingly enough, our industry considers it a win when they don't have to adopt the highest standard of care for their clients. Wow.

Here's what Wikipedia has to say about fiduciary:

"A fiduciary duty is a legal or ethical relationship of confidence or trust between two or more parties, most commonly a fiduciary and a principal. In a fiduciary relation, one person, in a position of vulnerability, justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests.

A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.

A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom he owes the duty (the 'principal'): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. The word itself comes originally from the Latin fides, meaning faith, and fiducia, trust."

Sounds like the perfect standard for the kind of advisor you are choosing to be. What do you think?