Frequently Asked Questions For Richard Lewins
At LewinsLaw, P.C., Richard A. Lewins has been asked many of the same questions from different clients. As a securities lawyer, Mr. Lewins is here to help you navigate the often complicated world of investment law. To better help you, he has provided replies to many of these commonly asked questions.
How do I know if I have a good case?
First and foremost, you need to have suffered losses. When determining losses, you must account for the money you have withdrawn from the account, and exclude those from your calculations. Only in rare circumstances will a broker or firm be held accountable for the money you took out or spent. Second, you need to distinguish bad luck from bad acts. Brokers are not foretellers of the future with regard to how the markets will perform, nor will they be held to that standard by a trier of fact. If it can be proved that your broker acted unethically or out of greed for themselves and not in your best interest it’s likely you have a case.
Will I be in court?
Not Likely. All Brokerage firm and most every Registered Investment Advisory firm account opening documents have a ‘Binding Arbitration” clause included in them. It says in essence if you wish to bring any claims they must be in Arbitration, not Court, and the Arbitration will be conducted under the rules of either FINRA ( Financial Industry Regulatory Authority) or AAA ( American Arbitration Association).
What does it cost to bring a claim?
If I believe that you have a valid claim I charge nothing in attorney fees until a settlement or an Award is won. The costs for litigation vary depending on the facts in the case and the complexity of the issue. We can discuss and agree to this prior to pursuing your case.
Do I need to hire an attorney?
Technically you are free to represent yourself. This is rarely, if ever, advisable. As your attorney, I can advise you as to your broker or firm’s legal obligations. I will determine if your broker or firm had a conflict of interest, misrepresented or omitted information from you, was trading without your permission, was in breach of their fiduciary duty, or committed another act of misconduct. I can also guide you through the process of determining fraud or mismanagement. Should litigation be necessary to procure results, It will represent you and your interests.
How long is this process?
The length of the process depends on several factors: the complexity of the issue, the matter itself and the scope of the misconduct. A case can take anywhere from six months to a year or more. In some cases, you may have to go through the FINRA arbitration process.
Can I recover my costs and attorney’s fees?
Costs and attorney fees may be recoverable.
Have More Questions?
More answers to commonly asked questions can be found in the videos on my media page. To attain the information and answers you need about your investment issue, schedule a free initial consultation with Mr. Lewins. To find out if you’re able to file a claim, send an email of interest to investor rights attorney Richard Lewins. He has represented clients in Dallas, throughout Texas and all over the country. He is dedicated to protecting the rights of investors.