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Old 11-30-2007, 12:25 AM
Howard Treesong Howard Treesong is offline
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Join Date: Oct 2004
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Default Re: Ask Howard Treesong About Law or Lawyering

[ QUOTE ]
Howard,

I am researching on the logistics of opening an investment adviser firm. How important is a "legal counsel?" The firm will probably needs a legal counsel to draft up a client/adviser agreement [similar to this .]http://www.evergreenfinancialadvisors.com/documents/investment_mgmt_agreement.pdf].
A person can write an agreement similar to that but it wouldn't be too smart to not have a lawyer.

Thanks!

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I would say critical. I have no idea what the regulatory environment is for such firms, but I submit that regulatory noncompliance would be a death knell for a financial advisory form. The link doesn't work, but I'm guessing the agreement is a client agreement designed to ward off suitability or churning claims. I've litigated a couple, and the agreements do matter -- so my strong advice is to hire counsel.
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