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I signed a contract with a company that sells commodities. The rep made an oral agreement with me that he would manage my accoun

Santa Ana, CA |

The reps oral agreement overrode what the contract said and the rep was found in court to have a fiduciary duty to me by operation of law. During trial I said I understood the contract. It wasn't until yesterday, I found out that the contract reads that the company I invested with has the right to use my money and place opposite sales (long or short) in the futures market. I misunderstood this statement. I thought this meant a different market entirely, however I have since learned that the advise my rep gave me was opposite of what the company was investing my money in. hence, I went bankrupt in 6 months. I have an oral argument scheduled may 23. Can I bring this up the the panel of judges?

Attorney Answers 3

  1. Your question needs more facts. If this about your bankruptcy or a different procedure? You are overwhelmed with your problem and you do not stayed clearly your question.keep in mind that When we read your question we don't know anything about your case.

    Also keep in mind that you can always ask a court to postponed your case until you have an attorney or to have time to prepare and gather evidence in support of your case.

    As a California Attorney and one of the very few that are Fraud Examiners ( CFE member of the Association of Certified Fraud Examiners) i see every day that courts and judges are very assisting to pro per litigants when they seek postponement to find counsel or to hire non appearance lawyer to assist Them. Http:// and

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  2. Not sure exactly what your hearing is all about, which would of course dictate what answer may be proper. I can tell you that an account opening document for an FCM or IB is generally a contract where you are charged with knowledge of its contents. But since you already have a finding of a fiduciary duty in your favor, it is unclear as to what issues are of concern to you here.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

  3. As my colleagues have mentioned, the facts are somewhat confusing. Why are you going into a hearing before a panel of judges without an attorney? If I were you, I would request that a continuance be granted and that you be permitted time to get an attorney before returning. Ask for sufficient time for the attorney to review the file. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also terms and conditions item 9, incorporated as if it was reprinted here.

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