The market’s mood swings are getting worse, your expenses keep going up,
and your retirement plan is DIY. Where can you find advice you can trust?
Here’s how to pluck an expert from a crowd of empty suits.
Bill Metzger needed some solid advice. After decades of hard work, the
then 46-year-old Kansas software-support specialist had managed to stash
away more than $2 million in savings. He had a dream of being financially
set for life, so much so that if he ever felt trapped in a stifling job, he
could just give notice and walk away. Then he could buy his dream home in a
rugged American terrain such as Colorado or the Pacific Northwest, enjoy the
mountains, lakes, and hiking trails, and not have to worry a single day
about his next paycheck.
The year was 2000, and the long bull market was starting to look a little
wobbly, so Metzger hired a prominent national brokerage to oversee his
investments. The firm put his cash in a program supposedly steered by top
brokers, the best and the brightest. So how did those experts handle his
life savings? They loaded him up on then-frothy tech stocks such as Worldcom
and Agilent Technologies, despite his relatively conservative investment
orientation. For the honor of their oversight, they also dinged him for an
annual “wrap fee” of 1.25 percent to 1.5 percent, according to lawyer Diane
Nygaard.
When the market began tanking, “No one said anything to me,” recalls
Metzger. When he called up in a panic as his savings were vanishing before
his eyes, he was assured everything was still on track. Once, to his
astonishment, he was even informed that his broker had left the firm a while
ago. “Here’s your new guy,” he says, remembering what they told him. “It was
unbelievable.” Within two years, Metzger had lost $900,000.
“The brokers were billed as the best of the best,” says Metzger, now 53,
“but things were going down and down, and they did nothing. They were
charging too much and not acting in my best interest.” Metzger sued,
alleging that the brokers unsuitably managed his account, and an arbitrator
ruled in his favor.
But as is typical in these cases, it was a victory in name only: He
recovered just $10,000. He did, however, discover a valuable secret about
money management. As the arbitration process unfolded, and the legal duties
of his brokers were spelled out, Metzger was shocked to learn that some of
his financial advisors, to whom he had entrusted his life savings, had no
legal obligation to act in his best interest.
You read that correctly. While a broker is required to offer “suitable”
investments, he is perfectly within his rights to ignore the investments
that would be best for you. If faced with the opportunity to put your money
in, say, a spectacular, low-fee mutual fund or a middling fund that will pay
him a big, fat commission, there’s no law preventing him from selling you
the lemon. Indeed, the way many brokerage accounts are structured, investors
don’t ever have access to commission-free funds. As for Metzger, he’s still
not back to even on his investments, despite the market’s run-up in recent
years.
If you need financial advice, you obviously want to find someone who is both
completely trustworthy and highly skilled. You probably ought to hire a
planner who can help you with all aspects of your financial life, not just
buying and selling stocks. And personality is important: You’re less likely
to understand, much less act on, advice from someone who’s not simpatico. So
how do you find such an advisor? The first step is to understand the
distinctions that Metzger didn’t find out about until it was too late.
The rules that differentiate brokers from registered investment advisors
predate World War II. Unlike a broker, a registered investment advisor is
considered a “fiduciary,” a term that means he is legally required to act in
your best interest. Of the reams of people out there offering themselves up
as financial gurus, only some are actually fiduciaries. What makes matters
even more confusing is that, until recently, brokers were allowed to act as
both advisors (fiduciaries) and brokers with the same client. That means the
same guy could apply different standards at different times, offering the
best advice one day and self-interested advice the next.
The U.S. Securities and Exchange Commission took a small step to address
that problem this past October, after a court ordered it to change rules
that allowed brokers to wear two hats. Under the new rules, brokerages now
have to maintain clients in advisory accounts, complete with full fiduciary
duties, or shuffle them into regular brokerage accounts, with a lower bar
of consumer protections. Meanwhile, the SEC hired the RAND Corporation to
study the issue and suggest a better regulatory scheme. “There’s so much
consumer confusion,” says Barbara Roper, director of consumer protection for
the Consumer Federation of America. “Investors just don’t understand the
difference between brokers and advisors.”
You sweat blood to get your account statement to six figures, and your
family is counting on you to continue to build that wealth. To find a
planner who can help, start by getting names from friends and colleagues and
checking lists such as Barron’s Top 100 independent financial advisors. Once
you have a list, here are the criteria you should use to narrow it down.
Define the mission.
While job number one for a financial advisor may be to invest your cash
wisely, odds are you could use help in other areas too. A comprehensive
planner will tune up every aspect of your financial life, from monthly
budgeting to reducing your insurance costs to saving for your kids’ college
educations. As corporate America increasingly shifts workers into 401(k)s
and away from pension plans, employees have been given immense
responsibility but very few tools for making the right decisions. A planner
will help you choose the best funds and develop a retirement-savings
strategy. A true comprehensive planner will ask for voluminous investment
details, perhaps including tax records going back for years, and detailed
info about your short- and long-term goals. The process is not always
easy—it’s been likened to a financial rectal exam—but the more information
your planner has, the better he can target the plan to your specific needs.
And the faster you will build wealth. “It’s the biggest pain in the
neck, and if it’s not, then you should be very worried,” says Roper. A lazy
planner can use a one-size-fits-all plan for everyone.
Follow the money.
There’s a mutual fund called Federated American Leaders. It has been
a terrible performer, falling behind the market over both the short-term and
the long-term. So why have investors poured $1.8
billion into this fund? Because
brokers have sold it to them. The broker collects $5.50 for every $100
invested. Your first question for a financial advisor: How, exactly, are you
going to make money off me? To maximize the chance that you’re getting
conflict-free advice, hire a fee-only planner, who charges an upfront fee or
a percentage of assets under management (usually around 1 percent a year).
Not only are such advisors legally bound to work in your interest, but
there’s also a structural advantage: They don’t earn commissions, so they
have no incentive to recommend one product over another, or to recommend
anything for that matter. To be sure, there are talented and honest planners
under every compensation model. Indeed, for a sophisticated investor, a
broker can serve as an excellent sounding board for ideas, and since the
investor pays only per transaction, a broker might be the best option in
that case. But if you lack the time or expertise to evaluate the advice,
stick with a fee-only planner, whose interests are aligned completely with
yours: The better his performance, the more likely you are to keep him. And
if he earns a percentage of your portfolio, then he stands to boost his
income as your nest egg grows.
Make sense of the
alphabet soup. Unfortunately, there’s no single designation for
financial planners. Anyone can hang out a shingle and say he’s an advisor.
Certain certifications, though, can at least give you some level of comfort
that you’re not dealing with a quack. Designations like CFP (certified
financial planner) and ChFC (chartered financial consultant) are a good
start, and an advanced degree such as a master’s in finance doesn’t hurt.
“I’d eliminate anyone who didn’t at least have the CFP designation,” says
Roy Diliberto, chairman and CEO of Philadelphia-based RTD Financial
Advisors. Members of prominent organizations like the National Association
of Personal Financial Advisors (napfa.org)
and the Financial Planning Association (fpanet.org)
abide by codes of ethics, require minimum levels of training, and offer
databases you can search to find an advisor. NAPFA also requires
continuing education for its members.
Do your due diligence.
To weed out the really bad apples, head to sec.gov, the Web site of the
Securities and Exchange Commission, and click on “Check out brokers and
advisers,” which will bring you to the Investment Adviser Public Disclosure
database. (There’s one for brokers, too, called the Central Registration
Depository.) You’ll find fun facts such as run-ins with state or federal
regulators and problems with previous clients, and a complete rundown of
services, fees, and investment strategies. It’s all on the advisor’s form
ADV, and it is required reading unless you enjoy living on the edge. You can
get more information from your state regulator (visit
nasaa.org
for contact information).
You’re the boss, so
hire smart. You know hiring a new employee involves interviewing
multiple candidates, checking up on credentials, and meeting in person to
get a true sense of the individual. Hiring a great planner is no different,
so try at least three separate planners on for size. If the planner has a
staff, ask how much access you’ll actually have to your advisor when you
have questions. And find out how long he has been in business. You want
someone who has weathered at least one bear market.
References? Throw ’em
out. Your first instinct as a conscientious consumer might be to ask
for solid references. Not a bad thought, but truthfully, it’s almost a
worthless venture. Think about it: Is someone really going to give you
contact information for dissatisfied customers? “However bad a planner might
be, I guarantee there are at least two or three people who love him,” says
Diliberto. A better thought: Ask for references of professionals he
interacts with regularly, like outside accountants, lawyers, and insurance
agents.
If you don’t understand
him, show him the door. If a planner is throwing out jargon on
complex investments and you’re just not getting it, you may feel sheepish
about asking him to break it down for you. But if you ask him to take it
down a notch, and he can’t or won’t explain things in terms you fully
understand, you should look elsewhere. Because it’s not your fault, it’s
his. “If he’s just trying to impress you, fire him,” says John Sestina,
president of planners John E. Sestina & Co., in Columbus, Ohio. “If he can’t
communicate in ways you understand, that affects trust, and he’s just not
going to be able to help you.”
Opt for a flat fee, if
possible. If a planner is charging you by the hour, beware: You don’t
really know what your final bill is going to be. “I recently had my estate
plan redone by an attorney, and every call was another $250,” says Sestina.
“Guess what? I stopped calling him.” That’s why he calls this the
least-favorable billing arrangement for clients. What’s better: a fixed fee
for comprehensive financial planning, which is what Sestina calls “proactive
and continuous.” In other words, the planner isn’t just checking in every
year, or even every quarter, but constantly anticipating the tweaks your
financial plan is going to require.
Beware the one-stop
shop. If a planner claims he can do everything from investment advice
to tax planning to legal troubleshooting, it might sound terrific, but it’s
not. Different needs require different specialists, and a prospective
planner should be open to working as one member of a larger team. If he’s
not, that’s a red flag. “Anyone who claims he’s an expert in all areas is
questionable,” says Roper. “You might have someone on staff who is
responsible for portfolio management, another who is in charge of insurance
recommendations, and an outside attorney who works with them. The planner
doesn’t necessarily do every single aspect himself.” A bonus of the “team”
ethic: They’ll constantly be looking over each other’s shoulders…on your
behalf.
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