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How to Vet Your
Financial Advisor
The securities
industry is set up to make it seem as if all financial advisors who are selling
investment products are super successful, finance majors, vice presidents, etc.
All these things are done intentionally so that you'll trust them and think
that they are investment gurus who will be great with your money. The reality
is that's not always the case. That's just the illusion of the industry.
Therefore, it's important to ask the right questions to make sure that you're getting
the right professional. The reality is the brokerage industry, just like any
other industry, has good financial advisors and bad financial advisors. Here
are some tips on how to make sure you're getting a good one.
(1) FINRA BrokerCheck
The first tool that
you should be using to vet your financial advisor is something called FINRA
BrokerCheck. BrokerCheck it is a publicly available tool. You can go to
FINRA.org and at the top right-hand corner of that website there's something
called the BrokerCheck. You can literally type in a person's name, hit enter
and you're going to get what's called the BrokerCheck report which will detail
all the information that you need when you're vetting your financial advisor.
BrokerCheck will be
able to tell you how the advisor did on their licensing exams, where they have
been employed, where they went to school, if they've ever been charged with
anything criminally. Have they ever declared bankruptcy? Have they ever been
sued by a client? Have they ever been fired by their brokerage firm? These are
all the things that would be absolutely critical before establishing a
relationship with somebody who's going to manage your entire life savings.
During client intake
the first thing we do is look up their BrokerCheck report. We start rattling
off all this information to the potential client about their advisor and they
are often amazed. We aren't magicians and I don't know every financial advisor.
Literally all we are doing is pulling this publicly available information and
looking at the report. And so many times we are telling a potential client that
their advisor has been sued a bunch of times already and the investor had no
idea.
Obviously that would
have been critical information to know at the beginning when they were deciding
whether to work with that person. If they had pulled that report, if they knew
for example that the person they were considering had already been sued 26
times by former clients, they would never go with that person. So obviously,
the first thing that you should do, pull that report.
(2) Questions to Ask
The first good
question to ask a potential broker would be "How are you
compensated?" Not every financial advisor is compensated the same way.
Some of them are compensated on a commission basis, which is per transaction.
Every time they make a recommendation for you and you agree, they get paid.
Some of them are being paid a percentage of assets under management. If you
have a million-dollar portfolio and they make 1%, they are going to make
$10,000 a year.
You can determine what
you are looking for based on what kind of investor you are. If you're a
buy-and-hold investor, maybe a commission model makes sense for you because
maybe you're only doing two or three trades a year. If you're trading a lot and
you're having a very active relationship with your advisor maybe the assets
under management model makes more sense. But ask the question first and
foremost so that you know and it's not ambiguous.
The second question to
ask is "does the financial advisor have a fiduciary duty to you." Ask
them that exact question because the brokerage industry will take the position
that they don't. Their obligation to you from their perspective is to make an
investment recommendation that's suitable. That's a much lower bar because
sometimes an investment could be suitable for you but not necessarily in your
best interests. So just ask your financial advisor, "Do you consider
yourself to have a fiduciary duty to me?" Let's figure this out at the
beginning of the relationship to make sure you know where you stand.
Another question you
should ask is, "Who are you registered with?" A lot of financial
advisors out there are sort of independent and they've got a "doing
business as" business, wherever their offices are, but they are registered
to sell securities through a larger brokerage firm. Find out who that is. Do
some research to make sure that you're getting involved with a brokerage firm
that has the types of supervision and compliance that you would expect.
There are two types of
brokerage firms. There is the Morgan Stanley model where they have a hub of
brokers in a major city. Maybe 30-40 brokers in one office. There are
compliance people, there are supervisors, there are operations people - all in
the same localized office. In my experience you see less problems in that type
of situation because all the supervisory people are right there.
On the flipside, there
is the independent model - it's an advisor in an office someplace and their
compliance is in Kansas City or Minneapolis or St. Louis or wherever. The
supervisor comes to the office once a year and audits the books and reviews the
activities of the advisor for the prior year. These visits are usually
announced well in advance. Obviously the supervision in that context is very
different. And that is the type of firm where we see more problems.
You want to make sure
you're getting involved with the right firm. That the firm is overseeing your
financial advisor, protecting you, making sure that if they are doing something
wrong, they will catch it before it's detrimental to your accounts.
Another good question
to ask, "Have you ever had a dispute with your client?" If they say
yes, ask him to explain it to you. Nobody is perfect and you can't keep
everyone happy so if you've got a hundred clients and you have been in the
business for 10 years you might have somebody who's been upset with you at some
point. But it may not rise to the level where it concerns you, but ask about
it, talk about it.
Ask about their
investment background and their objectives. Not every financial advisor does it
the same way. You want to make sure that their goals are consistent with yours
and their approach is consistent with yours.
And finally you should
ask "do you have insurance?" The brokerage industry does not require
brokerage firms or financial advisors to carry insurance. Many of them do but
they are not required to do so. Why that can be significant, of course, is in
that worst-case scenario and you have a dispute with your advisor, you want to
at least be with a financial advisor that if they do screw up you've got some
protection. So ask them "do you have E&O insurance for this?" If
not, that is a red flag. Either just because of collectability concerns if you
get into a situation where you need to sue your advisor or it might be a
suggestion that they are not operating their business in the best way possible
because certainly financial advisors should have E&O insurance.
(3) The next thing to
consider are potential warning signs. These can appear either in the initial
meeting or just as the relationship begins:
- They rush you to
make a decision. We see this in a lot of our cases where they have you come in
the meeting and say, "Sign here, here and here. I've got an appointment in
15 minutes. If you have any questions call me later." That's an obvious
warning sign. That should be clear to most people. But I think a lot of people
are afraid to escalate it because they think, "Oh well, he's very
busy." and he makes it seem like he's got tons of clients and he's really
successful. So maybe it's okay that he doesn't have time for me. No, it's not
okay. Find someone who has the time. Your advisor is getting paid to manage
your account so make them work for it.
- They don't tell you
what they're being paid. That's definitely a warning sign. The genesis of most
securities fraud claims is commissions - advisors pushing high commission
products that benefit them at the detriment of their client. If the advisor is
not disclosing what those commissions are, that's a problem.
- They want to put
everything into one investment. This is a big warning sign. What's the
motivation in doing that? Most people know diversification is critical when
investing so if you have an advisor who is saying, "Hey, let's use this
investment, it's the best, it's better than anything else, we're going to put
everything in this." That's another warning sign.
- They want to meet
with you alone. What would be the motivation? Say you are elderly and you want
to bring your kid to a meeting for support and your advisor says no... That's a
warning sign because obviously if they're on the up and up they shouldn't have
any problem with more people sitting in the meeting, making sure that you're
being taken care of.
- If your advisor does
not spend time with you (at the beginning and regularly thereafter) asking about
your actual investment needs (goals, time horizon, risk tolerance, etc.),
that's a problem. Investments are not vanilla. Every investment is not perfect
for every person. Each investment depends on your particular situation. If your
advisor is not asking you what your situation is - your net worth, your income,
your investment objectives, your investment experience, your goals, that's a
huge red flag.
- If your account
statements do not come directly from the brokerage firm, that's a red flag. If
the statements are coming directly from your financial advisor and you're not
seeing anything on there about the brokerage firm they clear through, that can
be a problem. That could be a financial advisor whose hiding losses or just
sending you statements that are not based on reality. Most brokerage firms do
not permit their advisors to create monthly reports or if they do they require
that they first be reviewed and approved by compliance. If there is nothing on
the statement that definitively shows that it has been
reviewed/approved/sanctioned by the advisors broker-dealer employer, it's a
problem.
- If they ever ask for
a check to be made out to them individually that's a problem. Brokerage firms
are established to make sure that kind of stuff doesn't happen and so if your
advisor is doing it, very likely this has not been approved by their firm.
- If you suffer huge
losses without any reasonable explanation, obviously that's a problem. Lots of
brokers will tell you "it's the market" or "forces that are out
of my control." That may be true but you want to talk about it and make
sure that you get a reasonable explanation.
These are a few tips
on how to pick the right financial advisor. It is an important decision, and
should not be made lightly and without being informed.
This information is
provided by Daxton White, the Managing Partner of The White Law Group. The
White Law Group is a national securities fraud, securities arbitration,
investor protection and securities regulatory/compliance law firm with offices
in Chicago, Illinois and Vero Beach, Florida. The firm's attorneys have handled
over 600 FINRA arbitration claims and recovered over $20,000,000 on behalf of
investors.
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