A Special Message to Morgan Stanley Financial Advisors Considering a Transition

Posted on November 1st, 2017 at 1:08 PM
A Special Message to Morgan Stanley Financial Advisors Considering a Transition

As you know, your firm has withdrawn as a member of the Protocol for Broker Recruiting. Now what are your rights?

Background:

The Protocol for Broker Recruiting essentially accomplishes two objectives. First, the Protocol nullifies provisions in employment agreements and prom note agreements related to non-solicitation of clients and prospective clients.  Second, the Protocol allows financial advisors to retain certain information notwithstanding employment agreement provisions related to confidentiality of documents and other information.

 Strategy:

Our law firm represents financial advisors nationwide, and if you retained us to negotiate your transition to Morgan Stanley, we already have negotiated certain protections with respect to your clients whom you brought to the firm and whom you developed since then.  Likewise, we already have negotiated certain hurdles that Morgan Stanley must overcome with respect to document/information confidentiality and Morgan Stanley’s burdens of proof and available remedies for any purported breach of that confidentiality provision.  Please contact us for further guidance.

On the other hand, if you did not retain our law firm to negotiate your transition to Morgan Stanley, and now are planning or even considering a transition from Morgan Stanley “Post Protocol”, we need to talk as soon as possible.   Our law firm’s goal will be to strategize with you, to structure a transition plan in advance which will have the best chances of success and the best chances of avoiding litigation, and to be “on call” for you as issues arise leading up to, at or after the transition.

Next Steps:

Please contact us for further information and/or a no-charge, initial consultation. Ideally, we should be retained at least 30 to 90 days from the anticipated move date.

We look forward to helping you transition.

 

Related Attorneys: James J. Eccleston

Tags: Jim Eccleston, Eccleston Law, Eccleston Law LLC, Eccleston, Morgan Stanley

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