To: SiouxPal who wrote (10381 ) 9/2/2002 9:21:01 PM From: StockDung Respond to of 19428 Law Firms Court Retired Investors By MIKE SCHNEIDER .c The Associated Press ORLANDO, Fla. (AP) - Squeezed between a political ad and a weather update from the local news station, a bearded attorney in a yellow shirt and a lime-colored tie appears on the television screen. ``So you worked hard and socked your money away so that you could enjoy retirement,'' James Richard Hooper says. ``You selected a major Wall Street brokerage firm to invest and protect your money and now, now you're left holding the bag. Your money is gone.'' He blinks. Across his chest is a white graphic listing a toll-free number. ``Your dreams are shattered, but you might just have a claim against that trusted brokerage house,'' the Orlando attorney says. Hooper is one of a number of trial lawyers who are finding a niche in mining the discontent of retired investors. At a time when many retirees are depending on their investment income more than ever, their portfolios have headed south with the stock market. Nationwide, arbitration claims are up 10 percent this year, according to the National Association of Securities Dealers, which regulates brokerage firms. The number of lawsuits also has grown: Last year, there were 486 class-action lawsuits for federal securities fraud, more than doubled the 214 in 2000, according to the Securities Class Action Clearinghouse at Stanford Law School. While bigger law firms are getting attention filing class-action lawsuits against investment firms and brokerage houses, Hooper is casting his net for clients in a state that is home to large amounts of retirement money. About 18 percent of Florida's population is over age 65. ``Most of the grandmas and grandpas in Florida who lost money in the market think it's their own fault or God's will. We're trying to educate them that they may have a claim,'' Hooper said. Hooper has yet to file any claims, although his law firm has received hundreds of calls since his four radio and television ads began running in Florida two weeks ago. About half appear to have some merit, he said. Not everyone who loses money in the stock market has a legal case. But Hooper said a case could be made if an investor tells a broker to invest conservatively and the broker puts the money in high-risk stocks or if the broker ignores specific instructions. ``When you get retirees, they can't afford to take those kinds of risks,'' Hooper said. ``Every day, we're getting calls from people who shouldn't have been in telecommunications, high-tech, dot-coms.'' Merrill Lynch spokesman Bill Halldin said he has no figures on how big an increase there has been in legal claims against his company. ``Typically, in bear markets that have followed bull markets, situations when investors have lost money because of investment decisions, all of Wall Street sees a rise in claims,'' Halldin said from New York. Attorney Vincent DiCarlo points to the number of hits on his Web site as evidence of the recent interest in legal action against brokers. In October 2000, the Web site had 410 hits. Last month, it had 19,000. ``When the market falls, all of the misconduct is revealed,'' the Sacramento, Calif., attorney said. One of DiCarlo's clients, Kenneth Shanon, last year was awarded $90,000 by an arbitration panel in California. Shanon had accused First Union Securities and a broker of misrepresentation and selling him bonds without telling him they were ``junk bonds,'' or below investment grade. He had sought $115,000. Because of high hurdles to filing financial lawsuits, investors' claims are unlikely to be the next frontier for trial lawyers who have found gold mines in asbestos, tobacco and defective tire cases, legal experts said. ``You're talking about a different situation than Firestone or asbestos,'' said Carlton Carl, a spokesman for the American Trial Lawyers Association in Washington. ``You're talking about financial injury rather than physical injury.'' Almost all such cases are heard by arbitration panels rather than the courts because of arbitration agreements investors sign when they hire a broker. ``Arbitration doesn't have the same power as class action,'' said Georgetown University securities law professor Donald Langevoort, a former special counsel at the Securities and Exchange Commission. ``It's not the same mega-money that class action produces. You don't get a global settlement. You fight one-on-one.'' On the Net: Securities Class Action Clearinghouse: securities.stanford.edu NASD: www.nasdadr.com/statistics.asp Public Investors Arbitration Bar Association: www.piaba.org 09/02/02 15:28 EDT