What is a Fiduciary? (And Why You Must Hire One)

Most “Financial Advisors” are just salespeople in expensive suits. They are legally allowed to sell you bad products to earn a commission. A “Fiduciary” is different. They are legally sworn to put your wallet before their own. Here is how to spot the difference.

BMT Investment Research Team BMT Investment Research Team · 📅 Jan 2026 · ⏱️ 5 min read · INVESTING › ADVISORS
Fiduciary
Client 1st
Legal DutyTrust
Broker
Sales 1st
Suitability RuleRisk
The Trap
“Fee-Based”
Hidden Comm.Check

“Best Interest” vs “Suitability”

This is the most important legal distinction in finance.

Standard The Rule Can they sell junk?
Fiduciary Standard “Client’s Best Interest” NO (Illegal)
Suitability Standard “Good Enough” YES (If Suitable)
The “Suitability” Loophole
A Broker has two mutual funds.
Fund A: Costs 0.1% (Great for you).
Fund B: Costs 1.0% (Great for broker’s commission).
Since both are “suitable” for investing, the Broker can legally sell you Fund B to make himself rich. A Fiduciary would go to jail for doing that.
Who is Who?
RIA (Registered Inv. Adv.) Fiduciary
Must put you first.
CFP® Professional Fiduciary
Ethically bound.
Insurance Agent / Broker Salesman
Commission driven.
TitleTrust Level
“Financial Advisor”Unknown
“Fee-Only Fiduciary”High

Warning: The Word Game

Wall Street is tricky. They invented a term to confuse you.

1. Fee-Only (Good)

They only get paid by YOU (hourly rate or % of assets). They accept $0 from mutual fund companies. Their advice is 100% clean.

2. Fee-Based (Bad / Confusing)

They charge YOU a fee AND they take commissions (kickbacks) from insurance or fund companies.
“I charge you 1% to manage money, but I also get a bonus if I sell you this Annuity.” This creates a conflict of interest.

3. Commission-Based (Sales)

“Free” advice. But they only eat if they sell you a product. If the advice is free, you are the product.

How to Test Your Advisor

Don’t be shy. It’s your life savings. Ask this one question during the first meeting:

The Question

“Are you a Fiduciary 100% of the time with regards to my accounts?”

If they say: “Yes.” -> Good.
If they say: “Well, mostly, but sometimes when I sell insurance…” -> RUN.
If they say: “I follow the Regulation Best Interest standard…” -> RUN.

Frequently Asked Questions

Are Robo-Advisors Fiduciaries?
Mostly Yes. Services like Betterment and Wealthfront are registered as RIAs (Registered Investment Advisors), so they act as fiduciaries. They are computer algorithms designed to lower your fees, not hike them.
Is a CFP always a Fiduciary?
Technically Yes. The CFP Board requires them to act as fiduciaries. However, verify how they are paid. A “Fee-Only CFP” is the gold standard.