The attorney you choose can make the difference between recovering your losses and walking away with nothing. Securities arbitration is a highly specialized field that requires specific knowledge of securities law, FINRA procedures, and the financial services industry. Your cousin who handles real estate closings or your neighbor who practices personal injury law likely isn't equipped to handle your investment fraud case.
Securities law is complex and constantly evolving. Successful securities attorneys understand the regulatory framework governing brokers and advisors, know how to analyze trading records and account statements for evidence of wrongdoing, have relationships with expert witnesses who can testify about industry standards, understand the psychology of arbitration panels, and stay current on recent arbitration awards and legal precedents.
An attorney who handles securities cases occasionally simply won't have the depth of experience needed to maximize your recovery. You need someone who lives and breathes this work.
Ask how many FINRA arbitration cases the attorney has handled and what their success rate is. An attorney who has represented dozens or hundreds of investors in arbitration brings invaluable procedural knowledge and strategic insight.
Some attorneys represent both investors and brokers. You want an attorney who exclusively or primarily represents investors. Their interests will align completely with yours, and they won't have relationships with brokerage firms that could create conflicts.
Request information about recent case outcomes and settlement amounts. While past results don't guarantee future success, a pattern of significant recoveries demonstrates competence and effectiveness.
FINRA arbitration requires substantial document review, expert witness preparation, and hearing presentation. Make sure the attorney has adequate staff and resources to handle your case thoroughly.
Your attorney should explain complex concepts in plain English, return your calls and emails promptly, and keep you informed about your case's progress. You deserve an attorney who treats you as a partner in the process.
Most reputable securities attorneys work on contingency, typically taking 33-40% of any recovery. This arrangement means you pay nothing unless you win. Be wary of attorneys who demand large upfront retainers for standard cases.
This national bar association consists of attorneys who represent investors in disputes with the securities industry. Their website (piaba.org) includes a searchable directory of member attorneys organized by location and practice area. PIABA attorneys must meet specific experience requirements and commit to investor advocacy.
Many state bar associations maintain lawyer referral services that can connect you with securities litigation attorneys in your area. These services typically screen attorneys for licensing and malpractice insurance.
If you have an attorney you trust in another practice area, ask them for a referral to a securities attorney. Attorneys often know the best practitioners in specialized fields.
Search for securities arbitration attorneys in your area and carefully review their websites, client testimonials, and published case results. Look for attorneys who have written articles or given presentations on securities arbitration topics.
Review potential attorneys' professional backgrounds. Check their bar association standing and look for any disciplinary actions. Some attorneys who handle securities cases also appear as experts in legal databases and publications.
Most securities attorneys offer free initial consultations to evaluate potential cases. Come prepared with questions:
Pay attention not just to the answers but to how the attorney communicates. Do they listen carefully to your story? Do they ask thoughtful questions? Do they explain things clearly? Do you feel comfortable with them?
No ethical attorney can guarantee you'll win or promise a specific recovery amount. Cases involve too many variables for such certainty. Attorneys who make guarantees are either inexperienced or dishonest.
Legitimate attorneys don't need to pressure you into hiring them immediately. Take time to consider your options and consult with multiple attorneys if you wish.
Attorneys should readily share information about their background, case results, and approach. Evasiveness about experience or outcomes suggests they may lack the track record they're claiming.
While some case-related expenses like filing fees are reasonable, be wary of attorneys demanding large retainers before agreeing to take your case on contingency. Most investor cases are handled purely on contingency with minimal upfront costs.
General practice attorneys who handle a little bit of everything rarely have the specific expertise needed for securities arbitration. You need a specialist.
While it's nice to have an attorney in your local area, FINRA arbitration hearings can be held in locations convenient to you, and much of the case preparation happens remotely. Don't limit yourself to only local attorneys if the best representation for your situation is located elsewhere. Many securities attorneys represent clients across the country.
That said, hearings sometimes occur in major cities where FINRA maintains offices, and having an attorney familiar with the hearing locations and local arbitrator pools can be advantageous.
You're about to enter into an important professional relationship that could last a year or more. Choose an attorney you trust and feel comfortable working with. The best credentials in the world won't help if you can't communicate effectively with your attorney or don't feel confident in their commitment to your case.
After consulting with potential attorneys, evaluate them based on experience, specialization, communication style, fee structure, and your personal comfort level. Don't automatically choose the first attorney you speak with. Consult with two or three qualified candidates before making your decision.
Remember that Fighting Wall Street can connect you with experienced securities attorneys who focus on investor representation. We've done the research to identify attorneys with proven track records in FINRA arbitration and a commitment to fighting for investors' rights.
Investment fraud claims face strict time limits called statutes of limitations. In most states, you have between two and six years from when you discovered (or should have discovered) the fraud to file your claim. Evidence also deteriorates over time—witnesses forget details, documents get lost, and brokers change firms.
If you suspect you've been wronged, don't wait. The sooner you investigate your situation and take action, the stronger your case will be.
Trust your instincts. If something feels wrong, it probably is. Warning signs include unexpected losses that can't be explained by market conditions, investments you don't recognize in your statements, difficulty getting clear answers from your advisor, pressure to make quick decisions without time to think, promises of guaranteed returns or unusually high performance, and reluctance from your advisor to put recommendations in writing.
These red flags don't automatically mean you have a case, but they warrant investigation by someone who understands securities law and investor rights.
Fighting Wall Street provides resources, information, and connections to help you determine whether you have a viable claim. We help you understand what happened, whether it violated securities regulations or your advisor's duties, and what options you have for recovery.
The financial services industry is complex by design. Jargon, fine print, and intimidation tactics often discourage investors from questioning their advisors or pursuing legitimate claims. We cut through the complexity and empower you with knowledge.
Your financial future is too important to accept losses caused by someone else's wrongdoing. Whether negligence, unsuitable recommendations, or outright fraud caused your losses, FINRA arbitration provides a proven path to recovery.
You'll help your potential attorney evaluate your case more effectively if you gather key documents before your consultation. Collect all account statements from the period in question, confirmations of trades and transactions, correspondence with your broker or advisor (emails, letters, notes from meetings), account opening documents showing your stated investment objectives and risk tolerance, marketing materials or presentations your advisor used, and notes about verbal representations or promises made to you.
Don't worry if you don't have everything—your attorney can obtain missing documents through the discovery process. But having this information ready demonstrates that you're serious about pursuing your case and helps the attorney provide a more accurate assessment during your consultation.