Choosing a Securities Attorney: Why Your Lawyer Choice Could Make or Break Your Case
Selecting the right attorney for your investment fraud case might be the most important decision you make in the entire process. The difference between an experienced securities lawyer and a general practitioner could literally be hundreds of thousands of dollars in your pocket.
Let me tell you what to look for and what red flags to avoid when choosing legal representation.
Why Securities Law Is Different
Securities law is incredibly specialized. It involves:
– Complex federal and state regulations
– Industry-specific rules and procedures
– Specialized forums like FINRA arbitration
– Unique damage calculation methods
– Technical investment concepts
A lawyer who handles divorces and car accidents might be great at what they do, but they’re probably not the right choice for your investment fraud case.
Essential Qualifications to Look For
Securities law experience – Look for attorneys who focus primarily on securities cases, not general litigation.
FINRA arbitration experience – Most investment disputes go through arbitration, which has its own rules and procedures.
Track record of success – Ask about recent case results and client recoveries.
Industry knowledge – Your attorney should understand investment products, market practices, and industry standards.
Resources – Securities cases often require expert witnesses and extensive document review.
Questions to Ask Potential Attorneys
How many securities cases have you handled? – You want someone with substantial experience, not someone learning on your case.
What’s your success rate in FINRA arbitration? – Look for attorneys who win more often than they lose.
Can you provide references from recent clients? – Good attorneys should be able to provide references (with client permission).
How do you calculate damages in cases like mine? – They should be able to explain their approach clearly.
What experts do you typically use? – Securities cases often require economic and industry experts.
How long do cases like mine typically take? – You should have realistic expectations about timing.
Red Flags to Avoid
Guarantees of specific outcomes – No honest attorney can guarantee results in litigation.
Pressure to sign immediately – Good attorneys will give you time to make an informed decision.
Lack of securities experience – Don’t let a general practitioner learn securities law on your case.
Unwillingness to explain their approach – You should understand how they plan to handle your case.
Poor communication – If they’re hard to reach during the consultation, it won’t get better.
Understanding Fee Arrangements
Most securities attorneys work on contingency, meaning they only get paid if you recover money. Typical arrangements include:
Contingency percentages – Usually 33-40% of any recovery, depending on the complexity and stage of resolution.
Expense arrangements – Who pays for expert witnesses, document production, and other costs? Some attorneys advance these costs, others require clients to pay as they’re incurred.
Fee shifting – In some cases, you might be able to recover attorney fees from the other side.
Make sure you understand all fee arrangements before signing any agreement.
The Importance of Resources
Securities cases can be expensive to prosecute properly. Your attorney should have:
– Access to qualified expert witnesses
– Resources to handle extensive document discovery
– Technology for managing large document productions
– Support staff to handle case administration
Small firms or solo practitioners might not have these resources.
Geographic Considerations
FINRA arbitration can be conducted anywhere, so you’re not limited to local attorneys. Sometimes the best securities attorneys are in major financial centers like New York, Los Angeles, or Chicago.
However, local attorneys might have advantages like:
– Lower travel costs
– Familiarity with local arbitrators
– Easier face-to-face meetings
The Initial Consultation
Most securities attorneys offer free initial consultations. Use this time to:
– Explain your situation clearly
– Ask about their experience with similar cases
– Understand their assessment of your case
– Evaluate their communication style
– Discuss fee arrangements
Don’t be afraid to consult with multiple attorneys before making a decision.
Checking Credentials
Before hiring any attorney, verify:
– Bar admission – Make sure they’re licensed to practice law
– Disciplinary history – Check with the state bar for any disciplinary actions
– Professional memberships – Look for membership in securities law organizations
– Publications and speaking – Evidence of expertise in securities law
The Team Approach
Many successful securities cases involve teams of professionals:
– Lead attorney with securities expertise
– Support attorneys for research and document review
– Paralegals for case administration
– Expert witnesses for technical testimony
– Economists for damage calculations
Make sure your attorney has access to qualified team members.
Communication Expectations
Establish clear expectations about:
– How often you’ll receive updates
– How quickly they’ll respond to your calls or emails
– What decisions require your input
– How they’ll keep you informed of developments
Good communication is essential for a successful attorney-client relationship.
Trust Your Instincts
Beyond credentials and experience, you need to feel comfortable with your attorney. Ask yourself:
– Do they listen to your concerns?
– Do they explain things in terms you can understand?
– Do they seem genuinely interested in your case?
– Do you trust their judgment and advice?
If something doesn’t feel right, keep looking.
The Cost of Choosing Wrong
Hiring the wrong attorney can be devastating:
– Missed deadlines due to inexperience
– Poor case preparation leading to bad results
– Inadequate damage calculations reducing your recovery
– Lack of industry knowledge hurting your credibility
The difference between a good securities attorney and a mediocre one can be enormous.
Making Your Decision
After consulting with potential attorneys, consider:
– Their experience and track record
– Your comfort level with their approach
– The resources they can bring to your case
– Their fee arrangement and costs
– Your gut feeling about working with them
The Bottom Line
Your choice of attorney is crucial to the success of your investment fraud case. Don’t make this decision based solely on cost or convenience. Look for experienced securities attorneys who have the knowledge, resources, and track record to maximize your chances of recovery.
An experienced securities attorney like Attorney Robert Wayne Pearce brings the specialized knowledge and proven track record you need to navigate the complex world of investment fraud litigation.
Remember: this might be your only chance to recover your losses. Make sure you have the right legal team fighting for you.
