Civil Court Advocacy
In certain situations, if arbitration is unsuccessful or unavailable, taking your case or defending your case in civil court becomes necessary. At HLBS Law, we understand the complexities of civil court proceedings and are committed to providing nationwide assistance to our clients.
With an extensive network of reputable local counsel, we can support you throughout the process and fight for your rights. You can depend on HLBS Law to handle your claim and advocate for your best interests–let us help you protect your business and your reputation.
Types of Cases We Handle
Breach of Contract
Breach of Fiduciary Duty
Failure to Disclose Conflicts of Interest
Fraud or Fraudulent Misrepresentation
Insider or Unauthorized Trading
Misappropriation of Funds
Negligence
Unsuitability or Inappropriate Investment Recommendations
Frequently Asked Questions
What is the civil court process, and how does it differ from arbitration?
The civil court process involves filing a lawsuit and bringing the dispute before a judge or jury in a formal court setting. Parties present evidence and arguments, then the court renders a legally binding decision.
Arbitration is when an independent arbitrator or a panel of arbitrators reviews the case and makes a binding decision.
While civil court offers more formal procedures, public records, and access to appeals, arbitration tends to be more efficient, private, and final, with limited opportunities for appeal.
What are the potential consequences of a civil court judgment against me as a financial professional?
The consequences of a civil court judgment can vary depending on the specific circumstances and the severity of the case. Consequences may include financial penalties, damages awarded to the plaintiff, reputational damage, and potential limitations on professional licenses.
Regarding regulatory standing, a civil court case can impact your standing with bodies like FINRA and the SEC. Depending on the outcome and the nature of the case, it may result in disciplinary actions, fines, or even the revocation of licenses, potentially affecting your ability to practice in the financial industry.
Seeking legal guidance is crucial when facing civil court to mitigate potential consequences and protect your professional reputation.
How long does a civil court case typically take to resolve?
The duration of a civil court case can vary depending on various factors, including the complexity of the case, the court’s caseload, and potential settlement negotiations. While it is challenging to provide an exact timeframe, civil court cases can generally take anywhere from several months to several years to resolve.
Complex cases involving financial professionals may require more time due to the intricate nature of the evidence, expert testimony, and legal arguments involved. It’s essential to consult with an attorney familiar with financial civil court procedures for a more accurate estimate based on the specific details of your case.
Do I need to disclose information about the civil court case to my employer or clients?
You should report all lawsuits to your employer. If you are sued in court by a client, you must report that to your employer. There is no duty to report lawsuits to your clients, but you should always consult with an attorney when it comes to disclosures to your employer.
Are there any alternative dispute resolution options available during the civil court process?
Mediation is available, and most civil courts require some type of mediation in an attempt to resolve a case before going to trial. The alternative dispute resolution options available to you will depend on your specific case and local laws, but generally, mediation is an option. However, if you are in state court, you most likely can’t go to arbitration because there may not have been any arbitration agreement. Our team can advise you on your alternative dispute resolution options based on your case.