Frequently Asked Questions
Why should I choose you?
In a single word: Experience.
We have personally worked for several years in the financial services industry. We have experience on all sides and in virtually every type of matter in this area. We have in-house brokerage firm experience, compliance-side experience, as well as a combined over 35 years of securities arbitration and investment litigation experience.
What types of clients does your firm represent?
We have and continue to represent Individual investors, trusts, corporations, pension plans, charitable organizations, and various entities.
How are you compensated?
Every case and every situation is different, as is every client relationship. We are committed to working with our clients to arrange cost-effective litigation strategies and we have arrangements that include hourly, contingency, hybrid, or alternative fee arrangements depending on what make sense for our clients in every case.
How long will the process take?
While it does vary depending on the individual circumstances, and there are several potential strategies that can be considered for expediting cases, most FINRA securities arbitration and investment litigation matters are concluded within a 12-14 month time frame from the filing date.
What is the Financial Industry Regulatory Authority (FINRA)?
FINRA is The Financial Industry Regulatory Authority. This is the largest independent regulator for all securities firms doing business in the United States. FINRA’s mission is to protect investors by making sure the United States securities industry operates fairly and honestly. FINRA oversees about 4,250 brokerage firms, about 162,155 branch offices and approximately 629,525 registered securities representatives. FINRA was formed by a consolidation of the member regulation, enforcement and arbitration operations of the New York Stock Exchange, NYSE Regulation, Inc., and NASD. The merger was approved by the United States Securities and Exchange Commission (SEC) on July 26, 2007.
What is the normal process with a FINRA Arbitration?
The current FINRA Arbitration process can be seen here: http://www.finra.org/arbitration-and-mediation/arbitration-overview
Who are the arbitrators?
Arbitrators are generally three neutral individuals who serve as the judge and jury for your case. Some have more arbitration experience than others; however, in order to become an arbitrator, one must apply and receive training. Well-recognized securities arbitration forums include: Financial Industry Regulator Authority (FINRA), American Arbitration Association (AAA) and JAMS. FINRA is the most common arbitration forum and you can learn more about the process and who the arbitrators are at www.finra.org.
How do I know if I have a case?
Every situation is unique, but we can typically guide you in the right direction after a short initial no-cost consultation in-person or by telephone. We try to answer all of your questions and provide you with relevant information so that you can make informed decisions about your situation.
Where does the arbitration occur?
Assuming we are talking about a FINRA-sanctioned arbitration, those generally occur at a FINRA facility the closest in proximately to the Claimant’s residence. However, there are sometimes additional variables to consider. In some cases, state or federal court proceedings are subject to procedural and jurisdictional rules. In other cases, a contract or agreement between the parties may control. We can discuss these and other related issues in our initial consultation.
Is information about my arbitration claim publicly available?
Settlements are typically confidential and the arbitrators may issue an Award. The Award alone would be public; however, the Award typically will not include any personal details beyond the result in the case.
In addition to securities cases, what kinds of cases does your firm represent?
The Ciklin Lubitz & O’Connell law firm is a full-service firm that was established over 30 years ago, which traces its roots in Palm Beach County decades before then. Originally created by merging three established law firms. Additional practice areas include probate, wills and trust, estate and trust litigation, tax/corporate, appellate, family/divorce, commercial litigation, real estate, zoning, and construction litigation among our various practice areas. Please do not hesitate to contact Jason or Matt regarding any of these other matters, with experienced attorneys in all of these practice areas, we look forward to assisting you in your case.