Discretionary Vs Non Discretionary Dedicated to Delivering Results

Discretionary & Non-Discretionary Accounts Lawyers Based in New York

Offering Reliable Guidance to Clients Nationwide

When most clients come to Weltz Law for investment fraud cases, one of the first things our litigation attorneys want to know is whether their investment accounts are discretionary or non-discretionary. Unfortunately, most of them don’t have an answer to this question. This is mainly because most brokers fail to explain the difference between the two so that they can take advantage of their customers and engage in unethical behavior without being detected.

If you have suffered financial losses in a discretionary or non-discretionary account, it is integral to know that you have legal rights, and it is possible to recover the losses if there is proof of misconduct on the side of your stockbroker or brokerage firm.

Simply give us the details of your case and trust us to do the rest! Call (877) 905-7671.

Once you open an account with a stockbroker or brokerage firm, one of the most important things you shouldn’t forget to check is whether your account is discretionary or non-discretionary. Failing to understand the status of your account is a huge investment mistake that could result in financial losses.

What Is a Discretionary Account?

A discretionary account is an investment account where the broker can determine if a trade is valuable or not at their own discretion. This account gives the financial advisor the power to make individual trades without prior permission from the investor. This doesn’t mean that the broker can make any trade they want. The broker must make decisions that are in the best interest of the customer, and which are in line with an investor’s goals and objectives.

What Is a Non-Discretionary Account?

A non-discretionary account doesn’t give a broker the right to make any trades without the consent of the investor. In this account, the work of a broker or financial advisor is to execute the needs of a client at the best available market price. In some cases, a broker may recommend trades for the client in a non-discretionary account – it depends on the client-broker relationship. It’s worth noting that in a non-discretionary account, a brokerage firm is not legally allowed to make any securities purchases or sales without the client’s approval.

How Does Fraud Occur in Discretionary and Non-Discretionary Accounts?

Most FINRA arbitration cases involving discretion vs. non-discretionary accounts occur when brokerage firms and stockbrokers act as though they have discretionary authority and make trades in clients’ accounts even when documents signed show that the accounts should be non-discretionary.

If you find yourself in such a situation and lose money as a result, you can make claims for breach of fiduciary duty, unauthorized trading, and unsuitable investments relating to brokerage control over a non-discretionary investment account. If you work with seasoned legal professionals like those found at Weltz Law, you will undoubtedly recover your losses.

Meet with a Seasoned Securities Litigation Attorney to Discuss Your Discretionary vs. Non-Discretionary Case

If you have suffered financial losses, it doesn’t matter whether your broker or financial advisor was acting on a discretionary or non-discretionary basis. We have the skillset and knowledge to deal with the uniqueness of your case and ensure you get the compensation you deserve.

Contact Weltz Law at (877) 905-7671 or fill out the online form now to schedule an appointment.


Experienced & Effective
  • 30+ Years of Collective Experience

    Our attorneys have over 30 years of collective experience representing clients in all aspects of securities and commercial litigation.

  • Contingency Fees for Our Securities Law Clients

    We will not receive a penny in attorney's fees unless a positive recovery is obtained in your case. Contact us to see if you're eligible.

  • Free Consultations

    We will assess the merits of your claims and help you decide on the next step.

  • Litigated Claims in Excess of $50 Million for Our Clients

    Our firm is prepared to fight for you to seek maximum compensation.


Word From Former Clients
    Calmly walked me through the process.

    “Due to his hard work, the hearing lasted less than 30 minutes with the judge dismissing the complaint.”

    - L.K.
    Successfully represented me in a number of matters

    “Attentive to every aspect of my matters, always available to speak with me, gave me great advice and fought hard for me every step of the way.”

    - I.S.
    Truly terrific in every way.

    “He cared, he was responsive, and he guided me through a difficult time with compassion and expertise.”

    - F.S.
    I could not recommend him highly enough!

    “He was there to talk me through any questions and concerns I had until we decided on the best option for me.”

    - Securities Industry
    Smart, cost-efficient, and gets results.

    “My go-to lawyer for arbitration and regulatory matters for years.”

    - B.D.

contact us

Dedicated to Delivering Results Fill out the form below or call 877-905-7671 to schedule your free consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.