"Have you ever had a client misuse your work to unfairly influence a third person? The professional-conduct code of the American Society of Pension Professionals and Actuaries and other divisions of the American Retirement Association includes this: 'A Stakeholder [a Member or a Credential Holder] shall not perform Professional Services when the Stakeholder has reason to believe that they may be altered in a material way or may
be used to violate or evade the Law. The Stakeholder should recognize the risk that materials prepared by the Stakeholder could be misquoted, misinterpreted, or otherwise misused by another party to influence the actions of a third party{,] and should take reasonable steps to ensure that the material is presented fairly and that the sources of the material are identified.' Am. Ret. Ass'n, Code of Pro. Conduct, Control of Work Product (amended May 2026).
"In your real-world experience, how often does it happen that something you wrote or compiled was used with a person beyond your client? Was your writing
misused? Did someone use your materials to persuade a person beyond your client that you support a conclusion, opinion, or advice that's not your advice? When someone used your materials to persuade a person beyond your client that you support a conclusion you did not express, do you feel you had failed to prepare for the risk that your work could be misused? Or, would the misuse have happened no matter how carefully
you expressed your work? Do you think what the rule asks is fair to the professional? Should a professional have a duty to guard against the possibility that someone other than one's client misunderstands your work you presented to your client? And, most important, why or why not?"
