(New York)

Not only is the broker protocol collapsing underneath the feet of advisors, but a new court ruling has just set a precedent which will likely make it harder for advisors to switch firms. A recent ruling by the Georgia Court of Appeals says that advisors who have agreed in a contract to give advance notice of departure, but then do not, are not covered by the Broker Protocol. The case stemmed from a smaller firm, Aprio Wealth Management, making a claim against a group of advisors who moved to Morgan Stanley. “We’re really pleased with the court-of-appeals ruling on this case … We think it’s a very meaningful decision for small and midsize firms, especially for registered investment advisers that can feel confident they’ll be protected from poaching like happened to us”.

FINSUM: The bottom line of this story seems to be that one needs to make sure to give appropriate notice. However, that is not always be easy as there might be extenuating circumstances.