Securities Arbitration Attorney Offers Defense Against Brokers

Apr 29
08:05

2011

Andrew Stratton

Andrew Stratton

  • Share this article on Facebook
  • Share this article on Twitter
  • Share this article on Linkedin

Most brokers have investors sign an agreement which states they may not file a lawsuit in the case of disputes. If you are butting heads with your broker, your first line of defense is to consult with a securities arbitration attorney.

mediaimage
If you have taken issue with your broker,Securities Arbitration Attorney Offers Defense Against Brokers Articles you may feel that there is little you can do to remedy the situation short of taking them to court. A quick call to securities arbitration attorney may leave a sour taste in your mouth, however, when you discover you legally cannot sue. So why can't you sue? The firms have gotten wise and customers can't buy a thing without first signing a contract that agrees to their terms, including no lawsuits. However, that doesn't mean that you have no rights or legal recourse. You simply must go through with arbitration. A securities arbitration attorney can assist you with the process, and while the title may not sound as satisfying as dragging someone into a lawsuit, the process is fairly painless and effective.

There are several benefits to settling legal disputes through these procedures rather than a full-fledged court case. The most obvious is that it is much more rapid. Whereas a drawn-out lawsuit or court case can take several months or even years to progress, disputes can be solved in a matter of a day, and whether for the better or not, any conclusion reached is final with no opportunity for contesting (barring a few exceptional circumstances). Before you even consider this pathway, however, it would be wise to get in touch with a securities arbitration attorney to determine if there are any alternative solutions beforehand. Generally, one should attempt a direct remedy by speaking with the broker initially. If no satisfying resolution is met, mediation through an informal process might be another simpler answer. An unbiased third party assists the investor and broker in closing the dispute or creating a reasonable compromise. It is estimated that mediation has a success rate of 80 percent. The presence of a qualified securities arbitration attorney can also help you improve your negotiations and provide you with valuable advice.

If direct contact and mediation fail to solve the issue, the final step is arbitration. A securities attorney will get the ball rolling with FINRA, or Financial Industry Regulatory Authority, which handles most cases. You will start by writing a Statement of Claim, which is a summary of the situation, the problems you've encountered, and whatever compensation you are seeking and why. A submission agreement is then sent and the arbitrator is chosen at random to preside over the case. At this point, you only have a short amount of time to prepare your case, which can be stressful and time consuming if you are unfamiliar with the process. An arbitration securities attorney will be invaluable in assisting you with gathering witnesses, collecting necessary information, and ensuring everyone involved is prepared and ready. Once both cases are presented and argued, the arbitrator has thirty days to make a decision, which is then immediately sent to both parties. If the decision is in your favor, payments awarded will be paid within thirty days. Generally, a broker will only skip payment if the company has gone out of business.