Securities Litigation Attorney Protecting Investors’ Rights in New York and Nationwide
Financial advisors are required by federal law to act in the best interests of their clients. Thus, financial advisors can be held liable for breaching the fiduciary duty owed to their clients. If you suffered harm due to an investment professional’s breach of fiduciary duty, you should seek the counsel of a knowledgeable attorney. New York securities lawyer Irwin Weltz can analyze your accounts and assist you in determining whether you have sufficient evidence to bring a case against the party that caused your harm. He represents investors harmed by the fraud or negligence of brokers and financial advisors in litigation and arbitration in New York and throughout the nation. Irwin Weltz is well versed in the state and federal rules and laws that apply to financial services professionals and can provide you with aggressive representation.
The Fiduciary Duty Owed by Financial Advisors
Financial advisors owe an ongoing fiduciary duty to their clients to act in the clients’ best interests. The duties imposed on a financial advisor are outlined in the regulations issued by the Securities Exchange Commission (SEC). Specifically, financial advisors owe their clients duties of loyalty, care, disclosure, and good faith. These duties have been interpreted to mean that a financial advisor must place a client’s interests above their own, and they must disclose any conflicts of interest. Furthermore, financial advisors are required to disclose any relevant facts pertaining to a transaction and avoid misleading clients or providing investment advice that does not align with a client’s goals. Thus, it is essential for a financial advisor to make sure that an investor understands the risks and potential rewards of an investment, and to recommend transactions that will align with the investor’s objectives and needs.
Proving a Breach of Fiduciary Duty
There are numerous ways in which a financial advisor in New York or elsewhere may breach the fiduciary duty owed to a client. Typically, any behavior that constitutes a failure to act in a client’s best interests may be considered a breach. In securities litigation and arbitration, breach of fiduciary duty claims typically arise due to a financial advisor’s misrepresentations pertaining to an investment, if they affected the investor’s decisions regarding the investment, or due to fraudulent or negligent actions. Even if a financial advisor’s inappropriate acts were not committed for personal gain, any act that fails to protect a client’s best interests may be considered a breach. If you are uncertain about whether your financial advisor breached the fiduciary duty owed to you, you should consult a capable securities attorney to discuss the facts of your case.
An investor who has been harmed by a financial advisor’s breach of a fiduciary duty may be able to pursue multiple claims against the advisor. For example, depending on the actions constituting the breach, an investor may be able to pursue a claim for fraud, misrepresentation, or negligence, in addition to a claim alleging a breach of a fiduciary duty. Each of these claims has somewhat different elements, so you should consult an attorney to determine which theory may be most applicable to your situation.