
Harold Geller
Partner

How an advisor is paid can help explain the incentives behind an investment recommendation.
When someone recommends an investment, it is reasonable to ask how everyone involved is being paid. That does not mean commissions are inherently improper.
Financial advisors deserve to be paid for their work. The important question is whether the way they are paid could influence the advice you receive and whether you understand that conflict.
Led by Harold Geller and Matthew W. Taylor, the Sotos Investor Protection Group assists investors in investigating losses involving financial advice, investment products and financial institutions.
Professionals frequently have financial interests in the services they recommend. Lawyers charge fees. Investment professionals are paid. Insurance agents may receive commissions.
The existence of compensation does not by itself make advice unsuitable. But an investor should be able to understand in advance of all requests for instructions (and in advance of all trades):
Those questions can help identify incentives which may otherwise be invisible to the client.
Consider debt. Sometimes paying down debt may form part of sensible financial planning. But if an advisor is compensated based upon the amount of money managed, reducing investments to repay debt could also reduce the advisor’s compensation. Similarly, borrowing money to invest can potentially increase the amount the advisor manages. That does not tell us whether either recommendation is right or wrong. It does tell us why the client’s interests and the advisor’s financial interests need to be considered separately. For example, borrowing to invest involves additional risk and may also create compensation conflicts when an advisor earns based upon assets being managed.
A second question is not just what did the advisor recommend? Ask: What was the advisor actually able to recommend? An advisor working within a particular product or licensing structure may not have every investment alternative available.
The investor may assume that the recommendation resulted from comparing the available universe of choices. That assumption may not always be justified.
The important issue is understanding the recommendation in context.
An advisor may recommend proprietary funds offered by their dealer or an affiliate. If the advisor can offer only proprietary funds, ask how the product range and compensation structure affected the recommendation, what alternatives were considered and why the investment fits your circumstances.
You do not need to be embarrassed about asking direct questions:
A professional advisor should be able to discuss compensation and conflicts clearly.
Where an investor suffers a substantial loss, one question may be why a particular investment or strategy was recommended in the first place. Compensation records do not necessarily answer that question.
But they can be part of the evidence. The broader inquiry is whether the recommendation was based upon the client’s needs, circumstances and objectives, and whether important conflicts were appropriately addressed.
If you suffered a significant financial loss after receiving advice that you now question, the recommendation, compensation structure, KYC information and advisor’s records can be reviewed together.
For information about our services, see financial advisor misconduct.
You can also read about investment-loss recovery options.
Harold Geller brings more than 30 years of investor-protection, financial-services and complex-product experience.
Matthew W. Taylor brings complex investment, securities and class action litigation experience, particularly where losses affect many investors or involve several potential defendants.
The existence of compensation does not by itself make advice unsuitable.
A second question is not just what did the advisor recommend? Ask: What was the advisor actually able to recommend? An advisor working within a particular product or licensing structure may not have every investment alternative available.
Compensation records can be part of the evidence. The broader inquiry is whether the recommendation was based upon the client’s needs, circumstances and objectives, and whether important conflicts were appropriately addressed.
Contact Harold Geller or Matthew W. Taylor directly, or request a confidential case assessment using the form below.

Partner

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