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Brokerage Activities ProceduresBroker_dutiesHARD

Broker Garcia receives a subpoena requesting client files from a transaction that occurred 18 months ago. The files contain confidential client information protected by brokerage relationship law. What should the broker do?

Correct Answer

C) Comply with the subpoena as it overrides confidentiality requirements

A valid subpoena overrides confidentiality requirements and must be complied with - failure to comply can result in contempt of court. A is wrong as there's no absolute broker-client privilege like attorney-client. B adds an unnecessary step that could delay compliance. D is only appropriate if the subpoena is invalid or overly broad.

Answer Options
A
Refuse to comply and claim broker-client privilege
B
Comply with the subpoena but notify the client first
C
Comply with the subpoena as it overrides confidentiality requirements
D
File a motion to quash the subpoena in court

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Related Topics & Key Terms

Key Terms:

subpoena_complianceconfidentialitylegal_process
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