How Do Our Investment Fraud Lawyers Help With FINRA Arbitration?
FINRA is a non-profit organization authorized by Congress to regulate brokerage firms and the securities industry. Most, if not all, brokerage firms prohibit investors from suing them in a court of law. Instead, aggrieved investors must file disputes in an arbitration claim with FINRA.
FINRA arbitration has unique rules and processes, including a Code of Arbitration Procedure for investment disputes. FINRA arbitration decisions are final and can only be appealed in limited circumstances. For this reason, you want to work with an experienced FINRA lawyer who understands the complexities of the securities industry and the intricacies of the procedural rules.
Our lawyers specialize in securities arbitration and are familiar with the forum, the arbitrators, the procedural rules, and how to navigate a case on behalf of investors.
Through FINRA arbitration, our lawyers help investors recover lost money, securities, and other damages resulting from their brokers’ misconduct. With our firm’s vast resources and years of experience, we have successfully taken on many large financial institutions.
Many types of financial disputes could support an arbitration claim. Our FINRA arbitration attorneys can carefully evaluate your case to determine if you should file a claim. Our initial consultations are always confidential and free. Contact us today to learn more about your options.
How Our FINRA Arbitration Lawyers Navigate Investment Fraud Cases
Arbitration is similar to going to court. Most people understand that court hearings result in a binding verdict. Arbitration is the same. The arbitrator or arbitrators overseeing the case hear the facts from each side and decide the case. The outcome is binding, with only limited opportunities to appeal.
Unlike courtroom legal proceedings, though, arbitration is less formal, less costly, and usually results in a speedier decision than filing a lawsuit would.
The FINRA arbitration process is as follows:
- Statement of Claim: The FINRA arbitration process begins with your attorney drafting a “statement of claim.” It describes how your broker’s fraud, negligence, or misconduct caused you to lose money.
- Response: The investment firm has 45 days to respond to the allegations in the statement of claim and file an answer.
- Arbitrator Selection: After your attorney files a statement of claim with FINRA, an arbitrator or a panel of arbitrators is selected to preside over the proceeding. There will be one arbitrator for smaller claims and a three-arbitrator panel for larger disputes. The parties must agree on the selection of the arbitrators; if either side objects to a proposed arbitrator, they are ineligible to participate. FINRA may adjudicate the case based on the legal briefs rather than hold a hearing for some of the smallest claims.
- Discovery: Discovery is when the parties investigate what occurred and share information. Your attorney will request documents from the brokerage firm, depose witnesses, and take other steps to build a compelling case. You may also need to provide documents or give a deposition. Your attorney will manage this process and ensure you know what to expect.
- Negotiations: Sometimes, the other party wants to settle the case before the arbitration hearing. This is often possible through settlement negotiations or mediation. Our attorneys use proven negotiation skills to get the best possible outcome in your case. If we cannot settle a case satisfactorily, we will not hesitate to proceed with arbitration.
- The Hearing: During the hearing, your attorney may make an opening statement, question witnesses, present evidence, cross-examine any witnesses called by the investment firm, and make a closing argument. All witnesses are required to testify under oath. Depending on the complexity of the case and the number of witnesses and exhibits, a hearing can last several hours or several weeks.
- The Decision: Generally, the arbitrator(s) will decide the case within 30 days of the hearing. The decision is binding. Appeals are only granted in limited circumstances, such as when the decision reflects a clear error of law or fact.
In general, FINRA arbitration that requires a hearing takes 12 to 18 months to resolve.
The FINRA arbitration lawyers at Oakes & Fosher Law have extensive knowledge of securities arbitration laws and the arbitration process. We will develop a strong strategy to recover your investment professionally and confidentially. Our top priority is ensuring that our clients receive the highest-quality FINRA arbitration legal services possible and recover fair compensation for the losses they endured.
You Do Not Have to Navigate the FINRA Arbitration Process on Your Own
At Oakes & Fosher Law, our FINRA arbitration attorneys understand the damage a financial advisor’s misconduct or broker’s negligence can cause you. We also understand how frustrating it is for you to try to navigate the claims process, take on a financial institution, and understand all the complex regulations. We know you have better things to do.
We believe no one should have to suffer investment loss due to a financial advisor’s misconduct or negligence. Unfortunately, though, victims call us every day. If this has happened to you, we are here to help.
Oakes & Fosher Law provides clients with a knowledgeable and experienced FINRA attorney who can:
- Identify how your advisor or firm acted inappropriately
- Investigate what happened and develop a compelling case
- Navigate the FINRA arbitration process on your behalf
- Help you achieve the best possible results through arbitration
We have someone available to speak with you today. Our attorneys have the knowledge, experience, and resources to handle any FINRA arbitration and many other types of financial disputes and securities fraud cases.
