Disputes between the consumer and broker, or other investment frauds can get pretty complex. The consumers can either opt for securities litigation or arbitration. A common belief prevailing today is that the arbitration process favors brokerage houses. The U.S. Supreme Court decided in 1987 that every customer who opens a brokerage account shall sign away his or her right to a jury trial and settle all disputes via arbitration. But that doesnâEUR(TM)t toss litigation out of question. Through application of the intertwining doctrine arising from entangled facts supporting federal and state claims, claimants who want to litigate their suits in federal court can do so.

If a lawyer explains you the above option, consider it as the first mark of a veteran Atlanta investment fraud lawyer. Common claims between customers and brokers are breach of fiduciary duty or negligence, suitability, churning or excessive commission, misinterpretation or omission of facts, unauthorized trading and liability of the firm for the employed broker. Negligence refers to the failure to fulfill duties of loyalty, good faith and competence which resulted in loss to the customer. The above basically means thereâEUR(TM)s a violation of at least one of the rules of either the NASD or the NYSE.

Depending on the violations specific to your case, your Atlanta securities lawyer will advise you whether to go for arbitration or to push for litigation. As long as your attorney is competent, you neednâEUR(TM)t worry about arbitration, since it commands a good amount of experience and aptitude on the lawyerâEUR(TM)s part. Arbitration pros are economy and speed. It definitely works faster than litigation. Yet the discovery is limited, as there are no depositions, no interrogatories, and no request for admissions, which again, is a good reason to hire an excellent lawyer.

However, document production and information exchange has to be done at least twenty days prior to the first scheduled arbitration date. Here, the documents that are to be presented and the list of witnesses are exchanged. A single arbitrator holds the process in cases involving less than $10,000. Cases of greater monetary value require a panel which consists of public arbitrators and security industry arbitrators.

ArbitratorsâEUR(TM) verdict is the same as that of a judge or jury. The panel can grant actual damages, interest, attorneysâEUR(TM) fees, expert witness fees, punitive damages and an assessment of costs. Arbitration awards assess liability jointly and severally against the broker and the firm. Now their identity is made known to the parties ten days in advance.

In this time, the parties can come up with challenges and if needed use them to strike any arbitrator. An Atlanta investment fraud lawyer may use this scope to choose who judges their case. He or she may also bring in an expert in securities arbitration to testify regarding what rules and regulations in the securities industry were broken. Such testimonials can singularly decide the fate of the parties involved.

A fundamentally just outcome is definitely possible from arbitration just as it is from litigation, with the right kind of expertise by your side.