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This comment is from Adviser Standards: Which is Better, Suitability or Fiduciary?

Russell Wayne, CFP
FiLife Contributor
6 months ago

From my naive vantage point, I view the distinction as: Whose interest comes first? With suitability, the interest of the firm comes first. As a fiduciary, the interest of the client comes first. Given the seriousness of the transaction, I see no reason to place the onus on the client to learn where he/she stands in the equation. Unfortunately, the juice behind the lobby for the suitability standard is likely to more than sufficient to keep the waters muddied so the public remains behind the eight ball when it comes to figuring out the nature of the motivation underlying the advice being offered. The fiduciary standard precludes the possibility of the old wire house approach of putting lipstick on a pig. Suitability, on the other hand, keeps Pandora's box of evils open.

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J David Lewis replied 6 months ago

Wayne - I totally agree with you on the idea that the people in charge may very well prevent the regulation from being all they should be. I don't know that we have much power to change that. However, if we will speak to the public, telling them to pay attention to the debate, while we are vocal in the debate, maybe - just maybe - consumers will pick up enough savvy to do a reasonable job protecting themselves, no matter how the regulation is eventually written.

Think about it. If there is a debate and the public pays attention, with the suitability standard still in force afterward, what kind of marketing advantage does that give fiduciaries? I see a lively debate as a golden opportunity for fiduciaries to make their case to the public, where it really counts. Here is the announcement I am asking my local NPR affiliate to use for our sponsorship of the station:

“Support for WUOT comes from Resource Advisory Services - reminding listeners public discussions on financial services regulation can help you learn to make better decisions yourself. There is more to money than money.® www.resourceadv.com.”

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