The Founder’s Fiduciary Posture: What Lawyers and Doctors Know That Most Founders Don’t

Lawyers and doctors operate under a fiduciary duty that obligates them to act in the client's best interest, even at cost to themselves. Most founders operate without any equivalent posture. Adopting it changes how customers experience the venture and what the venture itself becomes.

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pexels andrea piacquadio 3801426 scaled

In the legal and medical professions, there is a concept called fiduciary duty. It is the obligation of a professional to act in the client’s or patient’s best interest, even when doing so works against the professional’s own immediate interests. A lawyer who recommends a client settle out of court when litigation would have produced more billable hours is honouring fiduciary duty. A doctor who tells a patient they do not need the procedure they came in asking for is honouring fiduciary duty. The duty is enforced by professional bodies, by malpractice law, by reputation, and by the internal discipline that comes from training in a profession that takes the duty seriously.

Most founders operate without any equivalent concept. The customer is a buyer, the venture is a seller, and the relationship is structured around the transaction rather than around any obligation the venture has to the customer beyond fulfilling what was paid for. This posture is the default in commercial contexts and is not in itself a moral failing; commerce has a long history of buyer-beware as the operating norm.

I want to argue, however, that founders who voluntarily adopt a fiduciary posture toward their customers, beyond what commercial law requires, build a particular kind of venture that the buyer-seller posture cannot produce. The fiduciary posture is more demanding, more uncomfortable in the short term, and dramatically more durable in the long term. It is one of the most underused strategic moves available to founders, and it is available regardless of category, jurisdiction, or stage.

What the fiduciary posture actually is

The fiduciary posture rests on three commitments that go beyond standard commercial dealing.

The first is the commitment to refuse business that would not serve the customer well. A founder operating under fiduciary posture, when approached by a prospect whose situation does not match what the venture can credibly deliver, declines the business. They do not take the contract, deliver against it imperfectly, and let the customer discover the mismatch later. They tell the prospect, before any contract is signed, that the venture is not the right fit, and they do this even when the immediate revenue would have been welcome. This is uncomfortable because it costs revenue. It is also one of the most powerful trust-builders in commercial relationships, because the prospect who was turned away tells everyone they know about the venture that turned away their business in their interest, and the resulting referrals more than compensate for the lost transaction.

The second is the commitment to share unfavourable information that the customer needs. When the venture discovers, in the course of delivery, that the customer’s situation is worse than initially understood, the venture tells the customer. When the venture realises that an alternative approach would serve the customer better, even if that approach involves a competitor or a different category of provider, the venture says so. When the venture’s own work would benefit from the customer changing their behaviour or expectations, the venture asks for the change rather than working around it silently. The information flows toward the customer’s interest rather than being filtered for the venture’s comfort.

The third is the commitment to long-horizon over short-horizon judgment in the customer’s interest. When a customer is about to make a decision that would benefit the venture in the immediate term but harm the customer in the longer term, the venture flags the harm even at cost to itself. A SaaS provider who notices a customer is paying for a tier larger than they need, and tells them they could downgrade to save money, is operating under fiduciary posture. A consulting firm that notices a client could solve their problem with a one-time engagement rather than the long retainer the client originally proposed, and recommends the cheaper option, is operating under fiduciary posture. The venture’s revenue is reduced in the immediate term and increased in the long term, because customers treated this way refer disproportionately and stay disproportionately when they do return.

Why most founders avoid the posture

There are reasons most founders do not adopt this posture, and they are worth being honest about.

The first reason is that it costs immediate revenue. Refusing business that would not serve the customer is, by definition, refusing money the venture could have earned. Sharing unfavourable information sometimes loses the contract that was about to close. Recommending the customer’s interest over the venture’s short-term interest sometimes leaves money on the table. Founders who are under cash pressure find these moves nearly impossible, because the immediate revenue is necessary to survive the quarter, and the long-term reputational return is too distant to weigh against the immediate need.

The second reason is that it is structurally uncomfortable. The fiduciary posture requires the founder to repeatedly say things customers do not want to hear, decline business that would have been easy to take, and bear the awkwardness of conversations that the buyer-seller posture would have allowed them to skip. The discomfort is real and recurrent. Founders who are conflict-averse find it nearly impossible to maintain.

The third reason is that it is not visibly distinguishable from softness in the short term. A founder turning away business looks, to outside observers, indistinguishable from a founder who could not close the business. A founder sharing unfavourable information looks, to outside observers, indistinguishable from a founder who is not confident enough to push for the close. The posture only shows its difference in the long term, in customer retention rates, referral rates, and reputation, by which time the founder has been judged on the immediate metrics that the posture was costing them. Most founders cannot defer the validation that long.

What the posture produces over time

Despite these costs, the fiduciary posture produces ventures that look unmistakably different by year five. The customer base is smaller than a comparable buyer-seller venture’s would be at the same stage, but the customers are deeper. They have been with the venture longer. They refer at higher rates. They pay full prices without negotiation. They tolerate the venture’s mistakes because they trust the venture’s intent. They participate in the venture’s evolution rather than treating each transaction as discrete.

The team also looks different. Operators who join a venture run on fiduciary posture tend to stay longer, because the posture creates a culture in which they can be honest with customers without being penalised, and that honesty is itself a kind of compensation that is hard to find elsewhere. The talent that other ventures cannot retain settles into fiduciary-posture ventures because the work is psychologically more sustainable.

The venture’s economics also look different in ways that compound. The customer acquisition cost is lower because referrals are higher. The customer lifetime value is higher because retention is longer. The cost of customer service is lower because customers who trust the venture do not require the elaborate handholding that distrustful customers do. The unit economics of a venture run on fiduciary posture, at year five, are consistently better than the unit economics of comparable ventures run on buyer-seller posture, even though the buyer-seller venture might have appeared more aggressive in the early years.

The Cafe Oldrock observation

I want to give one personal observation because abstract argument loses its grip without something concrete.

When Cafe Oldrock has been busy and a customer has come in expecting an experience the kitchen could not deliver to standard at that moment, the discipline I have asked the front-of-house team to maintain is to tell the customer honestly that we are stretched, that the dish they ordered would not be at the quality we would normally serve, and that we would prefer they wait a bit, choose something else, or come back another time. This costs us short-term revenue. Some customers, on hearing this, leave and do not return. Many customers, on hearing this, take a different dish and tell their friends about the conversation later. A small but meaningful number of those friends become customers because of what they were told about how we treated the original guest.

The arithmetic of this is not obvious in any single quarter. Across years, it has been one of the most consistent sources of new customers we have, and the conversation in the moment is what produces it. The fiduciary posture, applied to a restaurant, looks like nothing more than honesty about kitchen capacity. The compounding effect over years is what distinguishes the venture from competitors who are unwilling to have the same conversation.

The translation to your venture

If you operate any kind of service or product business, the question to ask yourself this week is whether you have been operating under fiduciary posture or under buyer-seller posture, and what the answer would be if a customer who has been with you for two years were asked the same question about you.

If their answer would be that you have always acted in their interest, even when it cost you the transaction, you are operating under fiduciary posture and the venture you are building is the kind that compounds over years.

If their answer would be that you delivered what was paid for, no more and no less, you are operating under buyer-seller posture and the venture is fine but it is not the kind that compounds.

The choice between the two is not a moral choice; both are commercially viable. It is a strategic choice about what kind of venture you are building and over what time horizon. The fiduciary posture is more demanding and produces a different category of venture. It is also one of the few strategic moves available to founders that does not require capital, credentials, or category expansion to deploy. It is available immediately to anyone willing to bear the short-term cost. The cost is real. The compounding return, in my experience, is one of the most reliable things in venture-building.


For the related framing of customer alignment as economic fact rather than slogan, see Customer Alignment Is an Economic Fact. For the discipline of listening that the fiduciary posture depends on, see Listening as Discipline. For the vision that allows the fiduciary posture to be sustained, see The Vision That Does Work.

— TM
Jun 2026
refreshed-2026
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