More and more unhappy investors are suing banks, brokerages, and mutual fund companies over losing investments. The types of actions that can be brought against a negligent broker include claims for:
- poor management of funds
- carelessness or giving inappropriate advice
- “churning” the account to generate large commissions without corresponding with the client
- choosing unsuitable investments for the client
- failing to execute client instructions.
In order to qualify damages in these types of cases, it is usually necessary with the assistance of expert witnesses to determine what position that an investor would have been in but for the negligence. This is compared with the actual result with the difference being the plaintiff’s damages. Consideration that needs to be addressed in assessing these claims include:
- which investments were unsuitable
- what investments would have been suitable
- what were the transaction costs associated with both the suitable and unsuitable investments
- the client’s instructions
- income tax implications for registered plans
- how and when the portfolio would have been rebalanced.
We have a record of bringing these claims and access to experts whose testimony has been accepted in court hearings to assist in the evaluation of these claims.
In our initial investigation of these claims, it is important for us to receive all account opening and client disclosure documents, trading records, and any other documents or correspondence relating to recommended investment strategies.