What documents do I need to provide to evaluate my case?
Once we determine that we are permitted to undertake your representation, and determine that no actual or potential conflict of interest may exist, we may offer to investigate or evaluate your potential claim.
In order for us to evaluate your case or claims, it is important that you complete our New Client Questionnaire, as accurately and completely as you can, and return it to us with all the documents associated with your account, including, to the extent possible, you new account forms, customer statements, confirmations, correspondence, complaints (of any kind), risk analyses, investor questionnaires, or any other documents you may have or that your feel are important to your case or claim.
You may send us copies of these documents, or you can send your original documents, provided that you send them by a secure and trackable means such as Federal Express, UPS, or Priority mail from the United States Post Office.
By permitting us to review or evaluate any potential claim you may have, before we representation is offer to you a written fee agreement formally undertaking your representation in we are assuming no responsibility, and shall not be responsible should it later be determined that any putative claim was not brought in a timely manner, or is forever barred or lost, as a result of the applicable statute of limitation.
As part of the firm's Green Initiative, potential clients are also encouraged to send us documents, when possible, by electronic means.
What happens if you decide to undertake my representation?
If we decide to undertake your representation, we provide to you a written fee agreement setting forth the scope of our representation, the terms of our compensation, and our respective rights and responsibilities. Except with respect to confidentiality, it is only when this written offer is made and accepted that an attorney client relationship is effected.
We then draft a Statement of Claim, which is a formal document setting forth the facts and the legal basis of your claim, for your review and comment, along with a Uniform Submission Agreement agreeing to be bound by the Code of Arbitration Procedure.
What happens if you decide not to undertake my representation?
If we decide not to undertake your representation, we return any original documents that you may have provided us to you, we destroy copies of any documents you may have provided to us, and we sent to you a written communication, as promptly as possible, indicating that we have declined to accept your representation.
More importantly, this does not mean that you do not have a claim, and you should seek further guidance from other lawyers to assist you in connection with any such claim. If you do wish to pursue a claim, every day that goes by before you engage counsel or you take action on your own carries with it a risk that your position will be irretrievably damaged. For example, claims may be lost by the operation of statutes of limitations, other applicable law, or claims provisions in a contract.
If we have expressed any preliminary thoughts about your claim, it is important for you to remember that such tentative conclusions would have been subject to change after a more complete review of the facts, including your documents, that we would have made if we had decided to offer to represent you, and may be in error, depending on what a more complete review would have disclosed. Accordingly, you should not rely on them.
Under the federal securities laws, all such claims must be brought within two (2) years from the date of discovery of any such claim, or five (5) years from the date of the occurrence of the events giving rise to the claim(s), whichever is shorter. Under State law, all claims for common law fraud, breach of fiduciary duty, or other tort claims, must be brought within two (2) years of the date of discovery upon the exercise of reasonable diligence. If you fail to bring your claims within these proscribed times, your claims may be forever lost or time barred