When Silence = Risk: How Fiduciary Gaps Hide in Plain Sight
Silence Isn’t Safety
Clients assume no news is good news.
But ERISA attorneys know the truth:
Lack of complaints is not proof of compliance.
Silence often means:
No benchmarking
No documentation
No competitive review
Risk hides in routine.
The Gaps Attorneys Notice First
Common red flags:
Missing documentation
Audits collapse without a paper trail.
Vendor familiarity driving decisions
Intent isn’t the issue — impartiality is.
Outdated fee benchmarks
The courts want comparison, not assumptions.
These cracks widen quickly in litigation.
The Challenge: Helping Clients Act Before It’s Too Late
Even seasoned ERISA attorneys struggle with:
Client complacency
Budget resistance
“We’re too busy” excuses
When something finally goes wrong, the attorney gets pulled into the fallout.
How Culpepper RFP Supports Attorneys and Their Clients
We bring:
Independence
Neutral analysis
Clear documentation
Tools that help clients understand risk
We push where attorneys can’t—without creating friction.
