What is Stockbroker Negligence?
If you have experienced losses due to the actions or inactions of your brokerage firm or stockbroker, Veach Legal is here to help. Laws pertaining to the financial industry can be complex, but Veach Legal specializes in the laws and regulations governing broker negligence. Tucker Veach is committed to holding financial professionals accountable for their actions and helping clients reclaim their investment losses. If you need professional, legal assistance dealing with stockbroker negligence, contact us today.
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Understanding Stockbroker Negligence
Stockbroker negligence occurs when a broker or brokerage firm fails to fulfill their fiduciary duty towards their clients. All brokerage firms and brokers are legally obligated to prioritize their clients' benefits and best interests. The responsibility of these brokerage firms includes providing good advice regarding investments, executing transactions accurately, and confirming that investment strategies are properly aligned with their client's written or stated goals.
Brokers are also responsible for checking each client's risk tolerance and giving them financial advice accordingly. When a broker does not act in their client’s best interest, they may be guilty of stockbroker negligence. If you’ve been victim to one of these examples of stockbroker negligence, you may be able to pursue legal action.
● Providing misleading and incorrect information.
● Executing or implementing unauthorized transactions.
● Not diversifying a portfolio as required.
● Failing to perform detailed research on investment opportunities.
● Ignoring the client's investment goals/objectives.
● Ignoring the client's investment risk tolerance.
● Failing to adjust investment strategies when needed.
Detailed Investigation
The only way to efficiently analyze your investment losses – including both tangible losses and loss of potential gains – is through detailed investigation of investment fraud. Your attorney will research financial records in detail and analyze the actions of the stockbroker, the brokerage firm, and the financial advisers. This process will help determine whether negligence occurred and, if so, what financial compensation you may be entitled to.
Mediation & Negotiation
In some cases, it’s possible to resolve negligence claims through negotiation or mediation. It’s important to understand where mediation and negotiation are appropriate. Some brokerage firms may prefer to settle the matter outside of court to mitigate damages to their reputation. Veach Law will negotiate for your best interests, working diligently to secure a fair settlement so you’re appropriately compensated for your losses.
Litigation
Negotiation and mediation are only sometimes appropriate to address stockbroker negligence. When negotiation and mediation are not an option, our legal team will develop and prepare a strong case on your behalf to advocate for your rights in court.
Navigating Regulatory Authorities
It’s essential to have a thorough understanding about regulatory authorities’ rules and regulations to reclaim your assets in a stockbroker negligence case. The Financial Industry Regulatory Authority (FINRA) oversees brokerage firms and financial professionals and guides the regulations meant to protect investors. At Veach Legal, we specialize in securities disputes, which allows us to build compelling cases to support negligence claims.
Investor Protection & Portfolio Alignment
In cases involving broker fraud, investors may face financial losses due to the misleading practices of financial professionals. Negligence claims against investment firms can arise in such situations. A negligence claim arises when these institutions breach their duty of care and fail to act in the best interests of their clients. When assessing an investor's portfolio, the main priority should be ensuring that the selected investments align with their specific investment objectives. Introducing an unreasonable risk level can undermine the achievement of these goals and expose the portfolio to unnecessary susceptibility and vulnerabilities.
Most Common Claims of Stockbroker Negligence
Stockbroker negligence leads to different types of claims by investors who believe they have encountered financial losses due to their broker's negligence. Some of the most common claims of stockbroker negligence include misrepresentation or omission, unauthorized trading, lack of diversification, unsuitable investments, and lack of communication.
Other examples of stockbroker negligence include suitability violations, churning, failure to execute orders, failure to monitor, and neglecting due diligence. It's significant to note that not all investment losses are the result of stockbroker negligence. Market fluctuations and many other factors beyond a stockbroker's control can sometimes lead to losses.
If you have faced the challenge of stockbroker negligence, consult a securities and investment fraud attorney to help restore your lost assets.
What To Do If Your Broker Is Negligent?
If you feel that your broker has been negligent in handling your investments, it's essential to take legal steps to address the situation to protect your rights and interests. There are some general rules on what actions to take if you believe your broker is negligent. The first priority is to gather documentation. Collect all important and relevant documents related to your investments, including emails, trade confirmations, and account statements.
These documents and any other written communication with your broker will help build your case and may demonstrate any negligence by your stockbroker. You should also contact your broker and begin open communication to discuss your questions and concerns. In many cases, open and honest communication with your broker can remove errors or misunderstandings. If there is no misunderstanding and you are sure that there is negligence by your broker, then these communications may help prove fraudulent activities against your account.
At this stage, it’s important to consult with an investment fraud attorney or financial advisor specialized in broker negligence. These professionals can provide you with an assessment of the situation and will let you know if you have a valid claim. Carefully review your trade confirmation and account statements to check for unusual activity, unauthorized transactions, and discrepancies. If you are not satisfied with the response of the broker compliance department regarding the issue, the next step is to file a formal complaint.
File a broker complaint with the regulatory authority FINRA (Financial Industry Regulatory Authority) or SEC (Securities and Exchange Commission). These two authorities oversee brokers in the United States. Once you have filed a formal complaint, consider arbitration or mediation. Many brokerage agreements include clauses through which your case can be resolved outside of court through arbitration or mediation.
Hire an attorney specializing in stockbroker negligence to advocate for you throughout the legal proceedings, whether the claim is settled in negotiations or goes to trial.
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How We Can Help
Veach Legal specializes in helping clients who have suffered financial losses due to stockbroker negligence. We will stand by you throughout the legal process and advocate for you during a thorough investigation, negotiation, mediation, and litigation. Our legal team specializes in dealing with stockbroker negligence cases and has a recorded history of success in winning these cases. If you’ve been the victim of stockbroker negligence, contact us today and get Tucker Veach on your side.
Contact Veach Legal
If you have lost money due to the negligence of a broker or brokerage firm, contact Veach Legal. With years of experience in investment fraud cases, we aim to recover your lost assets and help restore your financial future. Book a consultation with Veach Legal for professional legal aid for stockbroker negligence claims and fraud cases.