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Practice areas

Negligence

Negligence is a brokerage firm’s failure to use the care a reasonable firm would use, whether or not anyone intended to deceive. Tracy Pride Stoneman represents investors in these claims in FINRA arbitration nationwide, from Westcliffe, Colorado.

By Tracy Pride Stoneman, securities arbitration attorney Updated

Broker negligence occurs when a financial professional fails to exercise the level of care, skill, and diligence that a reasonably competent broker would use under similar circumstances. This can include failing to conduct adequate research, ignoring your stated investment objectives, or failing to monitor your portfolio appropriately.
Negligence claims against brokerage firms and the standard each is measured against
What happenedRule or lawHow it is proved
Failure to follow the customer’s instructionsCommon-law negligence; FINRA Rule 2010 (high standards of commercial honor)The written or recorded instruction against what the account shows
Failure to know the customer or keep the profile currentFINRA Rule 2090 (Know Your Customer); Rule 4512 (account records)A new-account form never updated through retirement, illness or widowhood
Operational errors: wrong account, wrong security, wrong quantityRule 2010; the firm’s own written supervisory proceduresTrade corrections and the firm’s error-account records
Negligent supervision of the brokerFINRA Rule 3110Supervisory sign-offs, exception reports, heightened-supervision plans for brokers with a history

A FINRA panel can award compensatory damages (out-of-pocket losses or market-adjusted “well-managed account” damages), interest, costs, attorney’s fees where a statute or contract allows them, and punitive damages in egregious cases. Claims must be filed within six years of the events under FINRA Rule 12206, and shorter state statutes of limitation may also apply.

If any of this sounds like your account, the next step costs nothing: a free, honest evaluation. Tell me what happened or call (719) 783-0303.

Common questions

Negligence: what clients ask

How is negligence different from fraud?

Fraud involves deception. Negligence is carelessness: falling below the standard of care the industry expects. Both can support a claim, and they are often brought together.

Is the brokerage firm responsible for its broker's mistakes?

Generally, yes. Firms are responsible for supervising their brokers, and a failure to supervise is a separate claim against the firm itself.

What does negligence look like in practice?

Missing obvious red flags in an account, failing to carry out instructions, placing investments without understanding them, or ignoring changes in a client's circumstances are common examples.

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