This large financial services provides investment and wealth management services to clients. The firm employs a team of financial advisors who work closely with clients to develop investment strategies and manage their portfolios. One of their clients, is suing the firm for conflict of interest.

This is one of the more common suits we see in the financial services industry.

Facts of the case

John Smith has been a client of this firm for five years. During that time, he invested a significant portion of his savings in several funds that were recommended to him by his financial advisor.

He had recently discovered that his advisor had a financial interest in one of the funds that he recommended to him. Specifically, he owned shares in the fund and received a commission for every client he referred to the fund. The client claims that this represents a conflict of interest and that he was not informed of this conflict of interest when he made the investment.

The client also discovered that the fund in question under performed compared to other funds in his portfolio, causing him to lose money.

He also alleges that the advisor recommended this fund to him solely because of her financial interest in the fund and that this recommendation was not in his best interest.

“We see this conflict and best interest cases occur frequently in the financial services space. Typically, these get settled”

Team working

Legal Issues & The Process

John is suing the Financial Services firm for breach of fiduciary duty, alleging that the firm failed to disclose the conflict of interest to him and that this failure resulted in financial harm to him.

The firm denies any wrongdoing and argues that they have robust policies in place to prevent conflicts of interest. The firm also claims that the client was informed of the risks associated with the investment and that he agreed to the investment based on his own assessment of the risks and rewards.

  • The expert helped analyze the documents associated with the account

  • The expert analyzed conversations through email, text and CRM (Customer Relationship Management) platform

  • This expert was able to give their opinion on fiduciary responsibility and appropriate investment recommendations


The case is ongoing, and the court will need to determine whether Jane Doe’s ownership in the fund constituted a conflict of interest and whether the firm had a duty to disclose this conflict of interest to the client. The court will also need to determine whether the recommendation to invest in the fund was in John’s best interest or whether it was made solely to benefit the financial advisor.

Let’s Make Things Happen

Expert Witness

Richard Madsen

Account Executive

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