Do I Need a Securities Arbitration Lawyer?
As an investor, you expect your broker or brokerage firm to look out for your best interests when handling your investments. Unfortunately, some brokers put their own interests before those of their clients. In other cases of negligence, they may make recommendations that are unsuitable for you. If your broker has failed in their duty to you, you may be able to recover your losses through arbitration.
The knowledgeable securities arbitration lawyers at Colling Gilbert Wright & Carter have substantial experience in a broad range of complex investment matters. If you’ve suffered losses due to a broker’s negligent actions, we want to hear your story. Our firm is committed to holding negligent brokers and brokerage firms accountable for their wrongdoing.
Recovering Losses Through FINRA Arbitration
The Financial Industry Regulatory Authority, or “FINRA,” protects investors, regulates brokers, and strives to retain integrity in every stage of the investment process. FINRA provides investors with both protections and avenues for recovering lost funds when brokers cheat investors, break the rules, or commit other negligent acts.
Most brokerages have contracts with clauses that require all customer disputes to be handled through FINRA arbitration. Additionally, any broker or firm who is a FINRA member must arbitrate such claims through the FINRA forum. This means that if you have a dispute with your broker or brokerage, the matter will be handled in a securities arbitration proceeding before FINRA.
Fortunately, the FINRA process is generally faster than filing a lawsuit. However, the regulations and laws that govern securities issues can be extremely complicated. Preparing for these cases involves filing the necessary documents, meeting specific deadlines, and understanding which issues are most important to your claim. You must determine how to prove that your contract was breached or rules were violated. Due to the complexity of these cases, it is almost always in your best interest to hire an experienced attorney to assist you with each stage of the securities arbitration process.
How a Securities Arbitration Attorney Can Help
Investors are not required to hire lawyers for securities arbitration, but it is in their best interest to do so. A securities arbitration attorney can help you in a number of ways, such as:
1. Helping Before You File a Claim
In light of the numerous regulations, laws, and rules that apply to investment matters, in addition to the many varied scenarios in which a violation may occur, it often requires a knowledgeable and experienced attorney to recognize the violations that can be proven to a securities arbitrator.
Before making the decision to move forward with your claim, it is a good idea to consult with a lawyer first. In such a complex and wide-ranging field of law, you do not want to miss any claims you may have against your broker.
2. Filing Your Claim
Once an attorney has helped you determine that you have a viable claim against your broker or brokerage firm, you will need help navigating the process of filing the claim itself. Specific deadlines must be met and the correct documents must be filed. Among other items, it is crucial that your Statement of Claim is handled properly. More than just completing the appropriate paperwork under FINRA guidelines, you must ensure that the allegations made in the Statement of Claim are made properly. In addition to handling your Statement of Claim, an attorney can identify the legal claims to make and calculate the amount of damages to pursue.
3. Meeting Deadlines and Handling the Discovery Process
The securities arbitration process involves several deadlines; missing just one could jeopardize your claim. You need the process to run as smoothly and seamlessly as possible.
During the discovery process, you must provide the respondent brokerage firm with certain information. Likewise, there is certain information they can request from you, and there are deadlines you must adhere to when providing the requested information.
In some cases, the information requested by the respondent brokerage firm may be considered privileged, which means you do not have to disclose it. An attorney can help navigate this process and ensure you only disclose the necessary information.
4. Choosing an Arbitrator
Many investors do not know they can choose their arbitrators during the Securities Arbitration process. Not only can a lawyer help you choose from the provided list, but a knowledgeable attorney will know about the different arbitrators and which will best understand your specific case.
5. Preparing for the Hearing and Presenting Your Case
Your case will be presented at a hearing before an arbitrator. The brokerage firm or broker will have lawyers representing them at the hearing. It is crucial that your case is fully prepared for this hearing. Your attorney will prepare your case from start to finish.
6. Award after the Hearing
The arbitrator will assess all the evidence presented at the hearing before making a decision. Under FINRA rules, this decision is final and binding. Because of this, you want to recover the full amount that you requested. This is best achieved with the help and guidance of an experienced securities arbitration lawyer.
Contact a Securities Arbitration Lawyer in Orlando
If you’ve been a victim of broker negligence, contact the experienced securities arbitration lawyers at Colling Gilbert Wright & Carter today.
Call (800) 766-1000 or complete our contact form for a free consultation. Colling Gilbert Wright & Carter serves clients in Orlando, Florida and nationwide.