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Stockbroker Negligence
Today’s financial market is a complicated place, and easy for one to become lost and lose money. Oftentimes, investors rely upon the experience of a financial advisor or investment advisor, financial brokers, and financial brokerage firms or investment firms who provide fiduciary duty in the management of their money. They pay attention to the investor’s portfolio and don’t get to pay much attention to the investment advisor’s conduct.
However, sometimes investors can be led astray by financial advisors. Sometimes this is purely accidental, while broker fraud and wrongdoing are clearly at play in other instances. Giving investment advice is not easy, but brokers owe their clients (investors) a duty of suitability which is not as precise as a fiduciary duty.
Investors who have been misled or otherwise wronged by the broker or brokerage firm deserve the opportunity to present their case on an equal playing field.
Buchanan Williams & O’Brien investment fraud lawyers who understand the complex natures of securities law can provide that high level of legal representation. Our attorneys have years of experience successfully fighting America’s large financial institutions on behalf of the investors we represent.
How to File a Negligence Claim?
Investors who have lost money due to the negligence of a stockbroker can file a claim. The arbitration claim can help you recover from the losses and suffering you had to face.
However, the investor has to provide some documentation to proceed with the process. Here are the details of it.
- The broker or brokerage firm owed a duty of care to the investor
- The broker or brokerage firm working with the investor breached the duty
- The breach of duty caused the investor monetary losses
Besides this, you have to prove that the misconduct that led to monetary loss was intentional by the broker or the brokerage firm. It can also be as simple as brokers not doing their job the standard way or the way they should have. Or else, it could be a serious offense, for example, an intentional fraud intended to cause losses.
If you are a stockbroker who is facing investment losses due to broker negligence, you can file a claim to get compensation for your losses.
What is FINRA?
FINRA is the acronym for the Financial Industry Regulatory Authority, formally known as the National Association of Securities Dealers, or NASD. FINRA regulates securities firms, as well as securities professionals, in the United States. FINRA has authority over 4,580 brokerage firms, 162,850 branch offices, and 630,695 registered securities representatives. See http://www.finra.org/.
Why Does an Investor Claimant Have to Bring a Claim with FINRA?
The overwhelming majority of claims investors have against their securities firm and/or securities professionals are adjudicated through the FINRA arbitration process rather than in civil court.
This is because the agreements investors assigned to open a securities account with a firm and/or security professional (oftentimes called registered representatives) provide that FINRA arbitration is the exclusive means by which disputes arising under the agreements are decided.
How Do Punitive Damages Factor into Negligence Claims Against Stockbrokers?
Punitive damages are awarded in legal cases to punish wrongdoers and deter others from committing similar offenses under securities laws. In the context of negligence claims against stockbrokers, punitive damages are not primarily meant to compensate the victim but rather to penalize the broker for particularly egregious or malicious behavior.
While most claims focus on compensatory damages meant to restore the claimant’s financial position, punitive damages are considered when the broker’s actions are especially reckless, deceptive, or intentionally harmful. However, obtaining punitive damages requires a higher burden of proof of risk tolerance, demonstrating that the stockbroker’s conduct was not just negligent but also malicious or egregiously reckless.
How Does Stockbroker Negligence Impact the Overall Trust in Financial Markets?
Trust is a foundational element of financial markets. Stockbroker negligence erodes this trust, making investors wary of entrusting their money to financial professionals and questioning the investment strategies. When stories of negligence or malpractice of investment advisers become public, they can lead to broad skepticism about the financial industry’s integrity.
This mistrust can result in reduced investments and questions on investment strategy, as potential investors might choose to either manage their own assets or avoid the markets altogether. In the long term, repeated incidents of negligence or high-profile cases can lead to stricter regulatory oversight, increased compliance costs, and a general perception that the financial market is not a level playing field for everyday investors.
How FINRA Arbitrations Work
As mentioned above, in the financial services industry, most investment agreements require disputes to be resolved through FINRA arbitration. FINRA requires financial advisors and investment professionals to abide by securities industry standards. As the financial industry’s self-regulating body, FINRA provides arbitration services to resolve disputes between investors and brokers.
Listed below is a general chain of events for a typical arbitration proceeding.
- A statement of claim is filed by the investor with FINRA. Here, the investor agrees to be bound by FINRA’s rules.
- After this brokerage firm or other responsible parties may file an answer and defend the claim, these parties have 45 days in which to do so.
- After the 45-day period has elapsed, discovery and other procedures depending on the specific facts of the case, occur. At this point in time, FINRA may ask for a mediation session.
- After all of this, you arrive at the arbitration hearing. Here, the claimant presents testimony and evidence to prove the allegations in the Statement of Claim.
- The panel of arbitrators (3) will make a decision that is binding and final.
The FINRA arbitration process can be expensive and time-consuming. However, with experienced counsel guiding you, the difficulty can be minimized as much as possible, and the result can be the recovery of some or all of what you have lost as a result of someone else’s wrongdoing.
For insurance disputes or advice on how to handle questions regarding insurance disputes, contact Buchanan Williams & O’Brien today. Our firm has 40 years of experience helping clients solve problems and can help you with your trust or will lawsuit.
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