how to pick an attorney in securities law case

by Angela Luettgen 8 min read

How to Choose a Corporate Securities Attorney

  1. Referral. The oldest method to locate an attorney remains the best way for many as they feel more comfortable when a...
  2. Local Business Organizations. If you are like many people and you do not have a trusted person to ask for an attorney...
  3. The Internet. As everyone is aware, the Internet is a very powerful tool and...

Consider these suggestions and use them to match up with the best securities lawyer for the job.
  1. Research the Bar Association to Find a Securities Attorney List. ...
  2. Consult With a Handful Of Attorneys and Ask the Right Questions. ...
  3. Gain Some Clarity About the Cost. ...
  4. Get a Second Opinion on Their Advice.
Nov 29, 2018

Full Answer

How do I find a lawyer who specializes in securities?

If you already have a lawyer, consult with him or her about your options and whether you need a lawyer who specializes in securities. You may want to call several bar associations to obtain a varied listing of lawyers in your area.

How do I choose the right lawyer?

The first step in the process of choosing the right lawyer, then, is the research phase. Ideally, you want to start with the names of several lawyers, and, as with the purchase of most other services, personal referrals are often the best place to start.

What should you look for when hiring a lawyer?

You want to make sure that the lawyer you hire has experience in the area of law in which you require assistance. There are many practice areas in the legal field, and most lawyers tend to handle cases in specific practice areas. Potential costs.

Where can I find a list of lawyers by specialty?

The Martindale-Hubbell® Law Directory can be found at many libraries or at their website. It lists lawyers by state and jurisdictions. Some state and local bar associations also compile directories and may list attorneys according to specialty.

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How do I decide what kind of lawyer to get?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

How do I present my case to my lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.

How does a securities class action work?

In a securities class action the entire class of investors share the costs and attorneys' fees and such expenses must be approved by the court if a settlement or judgment is obtained for the class. Time is important if you believe you are the victim of securities fraud.

Can lawyers take stock as payment?

1. An attorney can accept a corporate client's stock as payment for legal services without any regard for the California Rules of Professional Conduct, because an attorney-client fee agreement is an arm's length agreement.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

How much do lead plaintiffs get in class action lawsuit?

A typical contingency fee is between 25 and 35 percent, and a class-action attorney's contingency fee is usually a bit lower, at 20 to 30 percent. When you consider that class-action suits can typically result in settlements of hundreds of millions of dollars, that lower percentage doesn't look so bad.

Should I participate in a class action lawsuit?

In most cases, it is a good idea to join the class action if you believe you suffered injuries or financial losses caused by the defendant. We do recommend you give us a call and discuss your situation with one of our class action lawsuit attorneys before you make a decision, however.

Who makes money in a class action lawsuit?

Who Pays Lawyers for a Class Action Lawsuit? Lawyers are paid directly from the recovery secured from a settlement or verdict. In other words, no one is directly responsible for paying lawyers during a class action. Instead, payment is collected by legal teams from the results they secure.

Can a law firm invest in stock market?

For example, stock or stock options may be received in lieu of all or a portion of the cash legal fees to be received. Alternatively, stock may be negotiated by the law firm as a "premium" for legal services, in addition to its regular cash legal fees.

Can law firms invest?

Every state in the US prohibits outside investment in law firms by blocking lawyers from sharing profits with non-lawyers. These perfectly well-intentioned rules aren't likely to be relaxed anytime soon. Proposals to allow outside ownership have so far been dismissed by the American Bar Association.

Do law firms have shares?

August 19, 2021 - It has long been the case that law firms have been owned by lawyers. Whereas most companies that offer equity shares do so to a large pool of investors, law firms are strictly limited to lawyer shareholders.

How many offerings has the securities attorney or firm done?

Our partners have written more than 350 securities offerings. That has enabled our clients to raise well over $1 billion.

Does the law firm educate syndicators on the rules of raising private money?

We have an extensive library that we make available to clients. It contains more than 30 articles, videos and guidance documents related to raising private money. Our syndication clients also receive free tuition for two persons to attend one of our educational Syndication & Crowdfunding Workshops.

How long does it take to complete your syndication documents?

Our private placement documents take as little as three weeks—depending on how quickly you review them and provide comments. Average time to complete Regulation D offering documents is three to four weeks for specific offerings. It may take a little longer for blind pools.

Does the attorney have any practical experience with investing or as an issuer of securities offerings?

We do. Collectively, our partners have practical experience as real estate brokers and syndicators/investors.

Conclusion

Our lump-sum legal fees are reasonable and very competitive for the industry. We can help clients in any state with federal securities offerings. We do Regulation D, Rule 506 (b) or 506 (c), and Regulation A+, Tier I and Tier II offerings. Additionally, we do IPOs and California and Florida intrastate securities offerings.

What is federal securities litigation?

Federal securities litigation presents several risks and challenges. Whether your company, your firm, or you personally are being sued, avoiding substantial liability requires a strategic, forward-thinking, and unrelenting defense. At Oberheiden P.C., our defense lawyers have extensive experience and a proven record of success in complex securities litigation matters. This includes obtaining successful results on behalf of clients in civil litigation as well as U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) enforcement proceedings.

What is MDL in litigation?

Securities class actions and multi-district litigation (MDL) can present substantial defense challenges regardless of the nature and extent of the allegations involved. At Oberheiden P.C., we defend corporations, accounting firms, and advisory firms in securities class actions and MDL in federal jurisdictions across the country, and we are one of a very small number of firms our size with the capability to do so.

What is insider trading?

Insider trading allegations can send shockwaves through publicly-traded companies, and they can present extreme risks for officers, directors, and other insiders accused of defrauding investors. At Oberheiden P.C., we defend corporate insiders against allegations of insider trading, and we also provide defense representation to corporations accused of allowing and facilitating illegal securities transactions.

What is internal efforts to seize corporate control?

Internal efforts to seize corporate control can lead to securities litigation involving a broad range of complex issues and the risk of substantial harm to the corporation’s shareholders. We defend companies and individuals in corporate control disputes, and we diligently and aggressively pursue favorable results that protect our clients’ corporate interests as well as their bottom lines.

Can M&A lead to litigation?

Various aspects of corporate merger and acquisition (M&A) transactions can lead to securities litigation. We represent parties on both sides of these transactions in litigation arising prior to and after closing, and we provide representation for shareholder claims and other matters arising out of M&A transactions as well.

What does legal insurance cover?

These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.

What is legal group plan?

Employers or unions set up a fund to pay the employees’ legal fees, with the employee sometimes contributing a small co-payment. Legal group plans have become much more widespread in recent years. Some retail department stores and credit card companies even offer such plans to their customers.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

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