FirsTrust

Articles by Michael Koenig

On the Fiduciary Duty of Loyalty, the Nature of Informed Consent, and the Requirement of Substantive Fairness

Can a person ever serve two masters? Does a fiduciary investment adviser possess the obligation to avoid, rather than just "properly manage," conflicts of interest? When a conflict of interest exists for a fiduciary, full disclosure of the conflict of interest is required (in a manner designed to ensure client understanding), followed by "informed consent." This begs the question … would the client of a fiduciary investment adviser ever provide consent to a proposed action which would be harmful to the client? This gets to the heart of the fiduciary relationship.