
Investment Advisor Liability
Holding Stockbrokers and Financial Advisors Accountable
When you place your money in the hands of a financial advisor or stockbroker, you do more than sign investment documents—you put your trust, your financial security, and your family’s future in someone else’s care. State and federal laws are clear: advisors and brokers have a duty to act in their clients’ best interests, providing sound advice and avoiding conflicts that could harm investors.
But too often, those responsibilities are ignored. Unsuitable recommendations, unauthorized trades, or negligent portfolio management can wipe out years of savings in a matter of months. The fallout is devastating: retirement plans derailed, businesses set back, college funds depleted, and families left reeling. Investors who have been misled or betrayed by their advisors are entitled to compensation—but the path to justice is rarely simple. Complex regulations, aggressive defense tactics by financial institutions, and the emotional weight of financial loss can make these cases overwhelming without skilled legal help.
At Timothy D. McGonigle, PC, we stand with investors. For over 40 years, Timothy has represented clients across Los Angeles and California in high-stakes financial malpractice and securities fraud cases. Known as a seasoned trial lawyer, he has secured six- and seven-figure verdicts for clients harmed by the negligence or misconduct of financial professionals. Our mission is straightforward: to restore what was taken from you, hold bad actors accountable, and give you back the confidence to move forward.
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Investment Advisor Liability Explained
Investment advisors and stockbrokers must follow strict standards of care. They are expected to recommend investments suited to each client’s risk tolerance, financial goals, and circumstances. They must disclose material facts, avoid conflicts of interest, and obtain consent before executing trades.
When these obligations are violated, the results can be financially devastating. Mismanagement of investments doesn’t just reduce a portfolio’s value—it undermines the very stability people worked years to build. Whether you’re a professional nearing retirement, a small business owner reinvesting profits, or a family planning for the future, you deserve accountability when negligence or misconduct causes losses.
Common Forms of Securities Fraud and Misconduct
We represent clients in a wide range of investment advisor liability and securities fraud claims, including:
Recommending unsuitable investments – High-risk products pushed on clients with conservative goals.
Negligence – Failing to research, monitor, or act with due care in managing portfolios.
Misrepresentation of an investment – Providing misleading information or omitting critical details.
Unauthorized trades – Buying or selling without client consent.
Lack of diversification – Concentrating investments in a way that increases exposure to catastrophic loss.
Churning – Excessive trading designed to generate commissions rather than serve the client’s interests.
Excessive use of margin – Leveraging accounts in ways that expose clients to unsustainable risk.
Selling away – Recommending investments not approved or overseen by the brokerage firm.
Each of these practices violates the trust between advisor and investor—and in many cases, violates securities laws designed to protect consumers.
Strategic Advocacy for Investors
Investment advisor liability cases are complex. They require not only an understanding of securities laws and FINRA regulations, but also the ability to cut through layers of financial data, contracts, and internal firm procedures. Our firm brings both legal expertise and financial literacy to these matters.
We investigate thoroughly, working with forensic accountants and financial experts to trace losses back to misconduct. We negotiate strategically, knowing when to push for settlement and when to escalate into litigation. And when trial is the right path, we bring four decades of courtroom experience to bear against even the largest financial institutions.
Our track record includes substantial verdicts and settlements for clients who thought they had no chance of recovery after devastating financial losses. More importantly, we give clients back something money alone can’t buy: a sense of justice, accountability, and peace of mind.
Protecting Your Financial Future
If your stockbroker or financial advisor failed to uphold their duties and you suffered losses as a result, you do not have to shoulder that burden alone. With the right representation, you can recover damages, restore your financial security, and send a message that misconduct will not go unchecked.
👉 Contact our Los Angeles office today to schedule a confidential consultation with a California investment advisor liability lawyer. We will review your portfolio, analyze the misconduct, and build a strategy to fight for the justice and compensation you deserve.
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Frequently Asked Questions About Investment Advisor Liability
Q1: What is investment advisor liability?
Investment advisor liability arises when a stockbroker or financial advisor fails to act in their client’s best interests, violating duties of care, honesty, or compliance with securities laws, and causing financial harm.
Q2: How do I know if I have a claim against my advisor?
If you suffered losses because of unsuitable recommendations, unauthorized trades, misrepresentations, or other misconduct, you may have a claim. A lawyer can review your portfolio, agreements, and transactions to determine liability.
Q3: What are common examples of advisor misconduct?
Recommending unsuitable or high-risk investments.
Failing to diversify your portfolio.
Making trades without your consent.
Misrepresenting or hiding key facts about investments.
Excessive trading (“churning”) to generate commissions.
Q4: What laws protect investors in California?
Both federal securities laws (such as the Securities Exchange Act) and California state laws regulate advisors and brokers. FINRA rules also impose standards on brokerage firms. These laws require advisors to act in good faith and prohibit fraud, misrepresentation, and negligence.
Q5: Can I sue my financial advisor for losses?
Yes. Depending on your case, you may file a lawsuit in state or federal court, or pursue claims through FINRA arbitration. A skilled attorney can determine the best forum for your case.
Q6: What damages can I recover in an advisor liability claim?
Damages often include recovery of lost investment value, lost profits, interest, and in some cases, punitive damages if fraud or intentional misconduct is proven.
Q7: What if my advisor worked for a large brokerage firm?
In many cases, the brokerage firm itself can be held responsible for your losses under principles of supervision and employer liability. These firms often have insurance and resources to pay claims.
Q8: How long do I have to bring a claim?
The statute of limitations depends on the type of claim and whether arbitration applies, but many securities claims must be filed within two to six years. Acting quickly helps preserve evidence and strengthen your case.
Q9: How do I prove misconduct by my advisor?
Evidence may include account statements, emails, contracts, phone records, and testimony. Our firm works with financial experts to reconstruct portfolios and demonstrate where misconduct caused losses.
Q10: What is “selling away” in securities fraud?
“Selling away” occurs when a broker recommends investments not approved or monitored by their firm. These investments are often riskier and leave clients unprotected.
Q11: Do all investment losses mean my advisor committed malpractice?
No. Investments naturally carry risk. Liability arises when advisors violate their duties—by recommending unsuitable products, failing to disclose risks, or engaging in fraudulent conduct.
Q12: How can a lawyer help me with an investment advisor liability claim?
An experienced lawyer can investigate misconduct, gather financial and legal evidence, determine the best forum (litigation or arbitration), and fight to recover your financial losses.
To schedule an appointment with one of our attorneys, please call us at 1-800-713-5260 or by completing our intake form.