What to do when a disgruntled client still owes a financial planning fee

What to do when a disgruntled client still owes a financial planning fee
Is it wrong for a financial adviser to withhold the client's files until the invoice is paid?
MAY 31, 2016
This month's question comes from an adviser who has a tough client issue. Q: I need your opinion about how to handle a disgruntled client who still owes me part of my planning fee. The client is an elderly woman who came to me after trying to manage her situation on her own for several years. She agreed to pay me a quarterly fee, and I agreed to provide her with a retirement income plan and assistance managing her investment portfolio. This worked well for the first six months, but then something changed. The invoice for the third quarter was not paid, so I sent a reminder after 30 days. She didn't pay this invoice either. I called but didn't get an answer. This wasn't unusual since she doesn't keep her cell phone handy and she doesn't have a landline. When a new quarter began I mailed another invoice showing the past due balance. This was ignored as well, so I called. This time I got through … briefly. After I identified myself, she told me she wasn't going to talk to me and ended the call. Perplexed, I called her back right away. This time she hung up immediately without saying a word. Two days later, I received an envelope from her with my last two invoices inside torn in pieces along with a note. The note instructed me to send all her files to her immediately. I don't know why she is firing me, but my agreement clearly stated that upon termination accrued fees are payable. I think she owes me for one quarter and I don't want to send her any files since that appears to be my only leverage. Is it wrong for me to withhold her files until she pays my invoice? A: It is never easy when a relationship ends. In this situation, I urge you to separate the payment issue from the records request. It is not unreasonable for your client to ask for any original records in your possession, and these should be sent immediately. These are her records and you have no right to retain them or use them as leverage to force payment of a past-due balance. You should document which records you are returning, why you had them in your possession and how you used them to provide services to your client before you return them. I suggest that you inform your client that these are all the original documents and that you met her request. That may end the matter, but if she asks for your personal notes you may decline. You have no ethical requirement to turn over work product unless you are responding to a formal inquiry from your employer or a regulator. I also suggest you contact the compliance officer for your firm about the situation for their input and advice. The payment issue is more challenging from an ethical standpoint. With her non-payment, your client sent you a message that she is dissatisfied with your service. Could you have done more to determine the reasons for this beyond a single missed call over a three-month period? You sent a notice for the next quarter before you identified the problem, and that appears to have made the problem worse. The torn-up invoices and hang-ups show how unhappy and angry your client is with your performance. I am not sure whether you can recover this client relationship or even if you would want to do so. I suggest you apologize for any misunderstandings and write off the debt. There is little to be gained from collecting the overdue fee, and it is likely to cause more tension and stress. Do the right thing and take the high road. Dan Candura is founder of the education and consulting firm Candura Group. Write to him to submit a question. All submissions will be treated confidentially.

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.