A reader who is an investment adviser from California
writes that over the years he's discovered that a particular client sometimes
executes the investment ideas he gives to him through others -- a
"brother, friend, or whatever."
The reader recognizes that because of the client's
personal relationship with the other adviser that this situation is not likely
to change. But, he writes, that he is far more skilled than any of his clients'
friends or brothers.
"So I'm being used for my ideas and given a few
crumbs to keep me happy," he writes.
While the clients don't demand a lot of time, he writes
that he can see that he is having an "outsized effect" on their
financial situations because of the good ideas he presents them that they then
execute through others.
"Considering that these clients will continue to
give me small business and give the big stuff to others, should I continue to
give them my best ideas?" he asks.
The reader writes that he always refers his clients to
lawyers for trusts, wills, and other legal documents. "I do it as a free
service," he writes. "Failure to set these things up on a timely
basis leads to a great deal of unhappiness later for clients or their
families."
Still, he wonders if he should tell his clients about
these legal tools and send them to a lawyer if he's not getting all, or the
bulk of, their investment business.
He wants to know the right thing to do about "this
conundrum" he is facing.
"Financial advising isn't a charitable service in
these cases," he writes, "so do I have a moral or ethical obligation
to do my best work for a client who then places the business that these ideas
generate with others?"
The reader asks quite a few questions. Other financial
advisers or planners are fee-based so they charge by the hour or the plan. But
because the reader's compensation is based on a percentage of money invested or
managed, he only makes money if a client actually invests through him. The reader
has no obligation to do business or spend his time giving advice to a
non-client if he doesn't want to.
But once he decides to do business with a client, then
the right thing is indeed to do the best work he can for those clients. It may
infuriate him that these clients only invest a small percentage of their
investment portfolio through him, but the reader would be on firmer ground
severing business ties with a client rather than doing less than his best work.
Part of doing his best work includes making intelligent
referrals to other professionals, such as lawyers, who can provide their own
best work to the client. Holding back on such referrals because of a perceived
slight that not enough of a client's business is coming your way is at best unprofessional.
The right thing is to either take on a client and do your
best work, regardless of the size of his portfolio, or to simply pass on doing
business with the client, if his portfolio is not large enough to meet the
criteria you set.
Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is a lecturer in public policy and director of the communications program at Harvard's Kennedy School.
Follow him on Twitter: @jseglin
Do you have ethical questions that you need answered? Send them to rightthing@comcast.net.
(c) 2013 JEFFREY L. SEGLIN. Distributed by TRIBUNECONTENT AGENCY, LLC.
2 comments:
This conundrum is out of my line but I can give a personal opinion. The question comes from a professional who is being taken advantage of by a client, who is using ideas he gives to his client, who then takes the advice to some other "friend"!! How low can you get? With a client like this, he is getting cheated by a "friend", who not only doesn't truly value his friendship and professional association but is willing to cheat and take the idea to a competitor. Doesn't this guy (gal?) have a professsional association to whom he could report such breeches of trust?
Charlie Seng
Lancaster, SC
Jeffrey,
The client has no obligation to invest his entire portfolio with this adviser but if the client is using the adviser's tips through another broker then he is stealing from the adviser. Yes, the information is paid for but part of the quid pro quo here is that if the client were to act on those tips, he would do so through the adviser. He needs to sit down and discuss this with the client and either change this behavior, change his fee structure or dump the unprofitable client.
William Jacobson
Anaheim, CA
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