Independence
These are standing covenants, written into every agreement above the Audience. They exist because the structure of this work — a private relationship, a claimed authority, a significant fee, conversations no one else hears — is the exact structure that ought to make a serious adviser uneasy. The correct response is not reassurance. It is architecture.
No gifts, bequests, legacies, or testamentary benefits of any kind, ever. An affirmative covenant to refuse, and to notify the client's own counsel if one is attempted.
No equity, revenue share, co-investment, loans in either direction, or business dealings with the client or any of their entities.
No compensated introductions. If he introduces you to anyone and receives anything for it, it is disclosed in writing beforehand.
Independent adviser acknowledgement. At the retained level and above, the client confirms in writing that they had the opportunity to review the agreement with their own counsel.
A named person who may raise a concern. The client designates someone — spouse, counsel, chief of staff, family council member — with standing to make contact if they believe the relationship has become unhealthy, and whom he will speak to. The designation is required. An approach from someone who cannot name such a person is declined.
Annual attestation by the client that no financial benefit has flowed outside the fee.
Scope of practice. Not medical, not psychiatric, not psychological, not legal, not investment advice. No health outcome claimed or implied. An affirmative obligation to refer where a matter belongs to a licensed professional.
Written capacity screen at intake, with hard exclusions for conservatorship, active health crisis, acute grief, and indications of cognitive decline.
Standing operations and their duration. What is tasked, and for how long it runs, is set out in writing. Operations continuing beyond the end of an engagement are disclosed at the outset and may be declined by the client at any time, in writing, without affecting anything else.
Termination without cause, both ways, with a defined refund formula and a segregated reserve behind it.
The fifth covenant is the one to read twice. It is the only clause here that gives someone other than the two parties a right to intervene, and it costs nothing to offer. Anyone doing this work who will not offer it should be asked why.
