Every investor who thinks he may have a claim should consult a lawyer who is experienced with representing investors before making the decision whether to be represented or to go it alone. There are many lawyers who are willing to give you a free consultation without any obligation.

If, after consulting a lawyer, you determine that you do not have the choice of a FINRA (formerly known as NASD) arbitration or that you can and should pursue your claims in court, you should get a lawyer to represent you if it is at all possible.

If you have the option of a FINRA arbitration, going it alone may be attractive for some people. FINRA says that its rules were written to make it possible for investors to pursue their own claims without help, and some people do just that.  Claims can be filed online or by mail.  FINRA will also allow you to be represented or assisted by a nonlawyer, such as an accountant, broker, friend, or relative in whom you may have confidence.

On the other hand, it is likely that your opponents will be represented by able and experienced legal counsel, and it is likely that, if you do not have a lawyer, you will be at a significant disadvantage. Arbitrators usually try to follow the law, so not knowing the law as well as a lawyer is a handicap. An experienced investor's lawyer will know how to calculate your damages to maximize your recovery if you should win, will be able to secure appropriate expert testimony if that is appropriate, and will know how to gather and present the relevant evidence. As one of those lawyers, I have to recommend that you get one to represent you if you can.

DISCLAIMER: Vincent DiCarlo, who authored and maintained this site, has entered government service and, as of September 1, 2008, is no longer engaged in the private practice of law.  Therefore, this site is no longer being maintained,  may not be accurate, and should not be relied upon.  It is not now and was not ever intended as legal advice.  It is being provided for historical purposes, and for the benefit of those lawyers who are capable of independently verifying the information and judging the opinions in it, and then reaching their own conclusions.  You are strongly advised to consult qualified legal counsel before adopting any of the ideas or suggestions in this material, which may or may not be applicable in your jurisdiction or to your specific situation, and may no longer be accurate or prudent in any case.  The opinions and statements at this site were solely those of the author.  They were not and are not those of, nor were they nor are they made on behalf of, any agency of government or anyone else.

Copyright © 1998-2008 Vincent DiCarlo