Breach of Fiduciary Duty Claims.
Breach of fiduciary duty is one of the most common investor claims against financial advisors (stock brokers) and brokerage firms. At the same time, breach of fiduciary duty claims are also some of the most commonly misunderstood claims, which is partially due to inconsistencies in the way different courts treat different types of investment professionals.
As a general rule, financial advisors and brokerage firms always have a duty to deal in good faith with their customers. Good faith basically means that financial advisors must be competent, honest and fair when providing investment advice.
What is a fiduciary duty?
Depending upon the jurisdiction (state) and the nature of the financial advisor-client relationship, the financial advisor may also have a heightened duty known as a "fiduciary duty." This can be particularly true where the client is unsophisticated and wholly trusts and relies on the investment advice of the financial advisor. A fiduciary duty also exists where a financial advisor manages and controls a client's account.
These heightened fiduciary duties may, for example, include:
How can financial advisors breach their fiduciary duty to clients?
At Lufrano Law, LLC, we are experience in bringing breach of fiduciary duty claims against financial advisors and brokerage firms. Please contact us today for a free, no-commitment consultation.
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