Fiduciary Duty
San Antonio Fiduciary Duty Lawyers – (210) 298-6666 - (800) 519-2800
We seek out financial advisors and stock brokers assuming that their services will be professional, and that our investments will be appropriately handled once we enter into a service agreement with them. Their fiduciary duty outlines that advisors and brokers have but one task: to care for investor money in such a way that advantage is not obtained via any form of deception, particularly misrepresentation, concealment of information, duress or pressure of any kind. Fiduciary duty is the highest standard of duty implied by law. At all times, a broker must act must act in the highest duty of good-faith toward the principal of honesty and good business practice.
If a financial advisor or broker fails to adhere to their fiduciary duty, then an investor who had entered into an investment agreement with that financial advisor or broker, and who has been taken advantage of in some way, has the right to hold that advisor or broker accountable for his or her actions. In regards to accountability, it must first be determined that the client and broker entered into an investment agreement together, and then the details and expectations of that agreement need to be thoroughly examined to determine whether or not negligence of any kind led to breach of fiduciary duty. While mounting an effective argument in favor of such improprieties may seem daunting, an experienced securities fraud attorney will be able to sort through the agreed upon conditions of the agreement, finding instances of negligence that can serve as examples of fiduciary duty.
In some cases, it is argued by clients that a breach of fiduciary duty took place, yet the accused broker or financial advisor makes the claim that services provided were in exact compliance with the agreed upon course of action set up at the time of the initial agreement. While it may seem obvious that fiduciary duty was disregarded, various defenses can be thrown in front of angry clients, many of which are merely smoke and mirrors meant to hide the truth. A skilled fiduciary duty breach lawyer will see through such defenses, seeking to restore the rights of the client who has been taken advantage of.
If you feel as though your financial advisor is guilty of a breach of fiduciary duty, and other deceptive investment practices, please don’t hesitate to contact the Texas investment fraud attorneys at Cichowski & Gonzalez, P.C. For more information and a free initial consultation, please call us today at 800-519-2800.