FINRA arbitration claim
Your FINRA arbitration claim has been filed. The brokerage firm has denied everything. Now what? Now, the real fight begins. Welcome to the discovery process.
Discovery is the formal, pre-hearing phase where both sides are required to exchange information and documents. It’s our chance to force the brokerage firm to turn over the evidence they don’t want you to see—the emails, the account notes, the commission runs, the internal audits.
This isn’t just about shuffling papers. It’s an investigation. It’s where we build the factual foundation of your case.
The “Discovery Guide”: Presumptive Document Production
To streamline the process, FINRA has a “Discovery Guide” that lists documents that are “presumptively discoverable.” This means both sides should generally produce these documents without a fight.
For the Investor (You), this often includes:
- Tax returns
- Account statements from other firms
- Any correspondence you had with the broker
For the Brokerage Firm, this includes:
- Your account opening documents and statements
- Emails and notes about your account
- Commission reports showing what the broker earned from your account
- Supervisory manuals and compliance reports
- Records of any complaints against the broker
Beyond the Basics
Additional Discovery Requests
The Discovery Guide is just the starting point. The most important evidence often lies outside that standard list. This is where an experienced securities lawyer makes a critical difference.
We will serve additional, specific discovery requests tailored to your case, demanding things like:
- Email communications between the broker and their manager about your account.
- Recordings of phone calls.
- Reports on similar products sold to other clients.
- The broker’s U4 and U5 disciplinary history.
Brokerage firms and their lawyers will fight to avoid producing these documents. They will object, delay, and argue that the requests are “overly burdensome.” We know how to fight back, filing motions to compel and arguing before the arbitration panel to get the evidence we need to win your case.
Why Discovery Matters
Without a thorough discovery process, you are flying blind. You are relying on your memory and your documents alone. Through discovery, we can prove what was happening behind the scenes. We can show that the firm knew the investment was unsuitable, that the broker was just trying to generate commissions, or that the firm’s supervision was non-existent.
Discovery turns your suspicion into hard evidence.
Let us uncover the truth.
An uninformed investor is an easy target.
The discovery process is complex and adversarial. Don’t go it alone. Our firm has the experience to demand the right documents and win the discovery battles that can make or break a case.