Legal Question in Investment Law in California

In 2006 I had $10,000 to invest. I hired a financial adviser to help me. He talked me into investing in a life insurance policy � even though I am in good health with no dependents and had not asked for life insurance � and his financial advice was SO poor I lost the whole amount.

What can I do to try and retrieve all or some of the money? I�ve already contacted both FINRA and the CA department of insurance and neither of them will help me.


Asked on 6/25/10, 12:32 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You're now four years after the fact and facing potential statute of limitations problems, in addition to the legal and factual problems of 'proving' legal liability, overcoming liability waivers and releases you may likely have signed, proving the loss was due to his professional misconduct or malpractice and not just the market going down, etc., etc. Plus, the loss was 'only' a 'small' amount that would make suing for it economically questionable. Only if you won a lawsuit, would you have any ability to get your legal fees paid by the other side. It is a cost to benefit and a risk to reward analysis whether it makes sense for you to spend legal fees on this that could easily be as much as you are seeking to recover.

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Answered on 6/25/10, 4:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Nelson. Also, in your contacts with FINRA and California, did these agencies merely ignore you, or did they give you any reasons for their inability or unwillingness to help?

If the former, maybe your inquiries were not on the right form, or mis-addressed, or not clear enough, or just got lost in the shuffle, in which case you might get somewhere by re-applying for assistance, very carefully reading and following their rules. If, however, the agences responded but were not encouraging about your potential claim, maybe that's the end of the line.

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Answered on 6/25/10, 4:49 pm


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