AllState Commercial Driver Training

www.stockbrokerproblems.com

Table of Contents
	Authorization (Do's and Don'ts)
	Narrative (Do's and Don'ts)
	Documents (Do's and Don'ts)
	Statement of Claim (Do's and Don'ts)
	Answer (Do's and Don'ts)
	Witness information (Do's and Don'ts)
	GUIDELINES FOR WITNESSES IN AN ARBITRATION

How to Assist Us in Handling Your Claim
and
DO’s & Don’ts

Authorization:

DO: Fill out the missing information on the form, i.e. Account Names, Account Numbers, Date of Birth, and Social Security Number.

DON’T: Be afraid to handwrite in any missing information. If your spouses, children’s or any joint name is not listed in the address line or signature line, please write it in.
IT WILL ONLY TAKE LONGER TO GATHER YOUR INFORMATION FROM THE BROKERAGE FIRM WITHOUT IT!

Narrative:

DO: Describe in detail where the broker engaged in wrongdoing.

DO: Describe your initial and subsequent meetings with the broker.

DO: Describe how you expressed your concerns to the broker.

DO: Write as much detail as you feel necessary to tell you narrative.

DO: Write a narrative and highlight these areas of broken misconduct-“SCUM”:

S: Suitability issues
C: Churning or excessive trading (broker controls account)
U: Unauthorized activity (refused to sell or bought/sold without prior approval by customer)
M: Misrepresentation / Margin problem / Mutual fund switching Misrepresenting prospectus of company or possibility/probability of gain or loss.

DON’T: Feel that you have rambled on too much and stopped writing your narrative with out telling the whole story.

THE MORE INFORMATION, THE BETTER!

Documents:

DO: Send or give our office all account statements, confirmations, account forms, correspondence from the Brokerage Firm or Broker, prospectuses or any other Literature regarding any stocks, bonds, or mutual funds you purchased thru the brokerage firm.

DO: Complete Detailed Questionnaire and return it in the enclosed envelope.

Retainer Agreement:

DO: Call if you have any questions about the retainer agreement

DON’T: Hesitate to call if you have any questions.

CASE PROCESSING:

Statement of Claim (SOC):

DO: Review the Draft of the Statement of Claim and contact us with any changes.

DON’T: Think that changes can’t be made even if the claim has been filed; we can file an Amendment to the Statement of Claim.

Answer:

DO: Review the Answer and circle and note my inaccuracies, and return a copy to the office.

DON’T: Get upset at the brokerage firm’s way to twist the truth.

Discovery – Document Request

DO: Provide the requested Documents.

DO: Complete the “Diligent Search Affidavit” and send it to our office after making attempt to locate the requested documents.

DO: Discuss your concerns with our staff members. They are trained to treat your concerns confidently and professionally.

DON’T’: Call repeatedly as this distracts the staff from preparation for trails and other important work on you claim.

THE HEARING:

Witness information:

DO: Follow the witness guidelines, below:

GUIDELINES FOR WITNESSES IN AN ARBITRATION

You, as a witness in an Arbitration, have a very important role in assisting an arbitration panel to make a just, fair and wise decision. This is true because in order to render such a decision, the panel must have all of the evidence put before it truthfully.

You already know that you take an oath in arbitration to tell nothing but the truth. But there are two ways to tell the truth: one is in a halting, stumbling, hesitant manner, which makes the arbitration panel question whether you are telling all of the facts in a truthful way; the other is in a confident and straight-forward manner, which makes the arbitration panel have more faith in what you are saying. You facilitate the panel's decision by giving your testimony in this second way.

To assist you, here is a list of time-proven hints and aids which, if followed, will make your testimony much more effective.

1. Tell the truth. You are sworn to tell the truth. Tell it. Every material truth should be readily admitted, even if not to the advantage of the party for whom you testify. Do not stop to figure out whether your answer will help or hurt one side of the case. Just answer the question to the best of your memory.

2. In order to prepare for your testimony, it is beneficial for you to review all documents that relate to the facts upon which you expect to testify. This will serve to refresh your memory about relevant events and will facilitate your giving clear and concise testimony.

3. Wear clean clothes to the hearing. Dress conservatively.

4. Do not chew gum while testifying or taking the oath.

5. Stand upright when taking the oath. Pay attention and say "I do" clearly.

6. Don't memorize what you are going to say.

7. Be serious at all times during the hearing.

8. When testifying, talk to the members of the panel. Look at them most of the time and speak to them frankly and openly as you would to any friend or neighbor. Do not cover your mouth with your hand. Speak clearly and loudly enough so that the panel can hear you easily.

9. Listen carefully to the questions asked of you. Understand the question. Have it repeated if necessary; then give a thoughtful, considered answer. Do not offer a snap answer without thinking. You can't be rushed into answering.

10. Explain your answers if necessary. This is better than a simple "Yes" or "No. Give an answer in your own words. If questions can't be fully answered with a "Yes" or "No,” you have a right to explain the answer.

11. Answer directly and simply only the question asked, and then stop. Do not volunteer information not actually asked.

12. If your answer was wrong, correct it immediately.

13. If your answer was not clear, clarify it immediately.

14. The arbitration panel wants facts; focus your testimony accordingly; don't speculate or guess.

15. Memories are often vague. Accordingly, it is often advisable to qualify certain answers with words such as "that's all I recall at this time" unless you are absolutely sure that you have recalled everything. Often times, a witness will have his or her memory refreshed by something else that arises during the hearing.

16. Be polite to all participants in the arbitration.

17. Don't be a smart aleck or a cocky witness! This will lose you the respect of the panel.

18. Don't try to think back to what was said in a statement you made. When a question is asked, visualize what your actually saw and answer from that.

19. Do not exaggerate or overstate. Do not act in an adversarial, hostile or confrontational manner.

20. Stop instantly when an arbitrator interrupts you or when an attorney objects to what you say. Do not try to sneak an answer in.

21. Give positive, definite answers when at all possible. Avoid saying "I think,” "I believe", "In my opinion." If you do not know, say so; don't make up an answer. You can be positive about the important things that you naturally would remember. If asked about little details which you don't remember, just say that you don't remember.

22. Don't act nervous. Avoid mannerisms which will make the panel think you are scared, or not telling the truth or all you know.

23. Above all - this is most important - do not lose your temper. Testifying for a length of time is tiring. It causes fatigue. You will recognize fatigue by certain symptoms: (a) tiredness, (b) crossness, (c) nervousness, (d) anger, (e) careless answers, and (f) the willingness to say anything or answer any question in order to leave the witness stand. When you feel these symptoms, recognize them and strive to overcome fatigue. Remember that some attorneys on cross-examination will try to wear you out until you lose your temper and say things that are incorrect or that will hurt you or your testimony. Do not let this happen.

24. Do not "hedge" or argue with the other attorney.

25. Do not nod your head for a "Yes" or "No" answer. Speak out clearly. The court reporter must hear.

26. If the question is about distances or time and your answer is only an estimate, be sure that you say it is only an estimate. Be sure to think about distances or intervals of time before testifying and discuss the matter with your attorney so that your memory is reasonable.

27. When you leave the witness stand after testifying, wear a confident expression, not a downcast one.

28. Go back now, and reread these suggestions so you will have them firmly in your mind. We hope they won't confuse you. We hope they will help. They aren't to be memorized. Ask us about anything you don't understand. You will find there is really no reason why you should be nervous while testifying. If you relax and remember that you are just talking to some neighbors on the panel, you will get along fine.