Prospective Students

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The Investor Rights Clinic is a one-semester 6 graded-credit clinic. The Clinic offers students the opportunity to represent investors with claims against their brokers in arbitration and mediation proceedings before the Financial Industry Regulatory Authority (FINRA). Students conduct the intake and evaluation of potential cases; typical claims include: unsuitability, unauthorized trading, excessive trading (“churning”), negligence, misrepresentation and omissions, and failure to supervise.

During the seminar component of this course, students will learn basic substantive law of arbitration, broker-dealer regulation, and professional responsibility. At class and through several simulations during the semester, students will also learn practical skills necessary to effectively represent their clients, including:

• Interviewing and counseling
• Factual and legal research and discovery
• Preparation of demand letters and statements of claim
• Engaging and preparing experts
• Negotiation and mediation

In cases that proceed to arbitration, students will handle all aspects of the hearing, including making opening statements, direct and cross examination of witnesses, and closing arguments. Students will also prepare and present programs designed to educate investors how to detect and avoid investment scams and broker misconduct.

Time Commitment

The Clinic involves a substantial time commitment. Students are expected to attend the seminar that meets twice a week for one hour and fifty minutes. In addition to the time spent preparing for and attending class, students should expect to spend at least another 15-18 hours a week on Clinic-related work, which will include client-intake and interviewing, researching, developing and managing their cases, a weekly supervision case meeting, and working on investor education and outreach projects.

Duration and Credits

One semester, six credits.

Prerequisites

Enrollment is by application only and limited to 16 students. Although there are no prerequisites for the class, preference will be given to students that have taken Securities Regulation (or have securities industry experience), Business Associations, Alternative Dispute Resolution, Mediation, and/or Evidence.

Clinic Staff

Teresa J. Verges
Clinic Director
Telephone: 305-284-8548
E-mail: tverges@law.miami.edu

Scott A. Eichhorn
Supervising Attorney
Telephone: 305-284-8073
E-mail: seichhorn@law.miami.edu

Sarah Cardone
Legal Assistant
Telephone: 305-284-8234
Facsimile: 305-284-9368
E-mail: investorrights@law.miami.edu