A Florida securities attorney settles the majority of cases through arbitration for many reasons. While similar to a court hearing, arbitration is more fluid in structure, allows more evidence to be presented, and allows more dialogue between parties in order to come to an agreeable decision that satisfies all individuals involved. Securities attorneys settle many cases in this manner because the litigation involved with such cases can oftentimes be complicated, time consuming, and expensive. It is usually easier and, more importantly, cheaper to come together outside the court of law and decide on a compromise. Another reason this process is utilized is that it can be confined to the offices of an arbiter. While certain requirements make the process semi-public, it is much easier to keep embarrassing disclosures and confidential numbers private.
Arbitration is a conflict resolution process in which participating parties agree to come together outside the purview of a judge or jury and present their cases to a an arbiter or group of arbiters. This decision is legally binding and permanent – very few courts ever review or overturn arbitration. A Florida securities attorney deals with this methodology more often than not because it is a quicker process, more private, and less complicated.
The primary reason that arbitration is so common to securities law is that this particular field of law can be very complicated with lots of figures and numbers, deal with several individual entities, and span numerous state, local, and federal laws. It is, therefore, more expedient to dispatch all of that complicated nonsense and come to resolution between concerned parties outside the court of law. Because the parties do away with a number of the more entangling legal aspects of the field, they can quickly negotiate a settlement thereby saving all of those involved time and money.
Another reason a Florida securities attorney might chose to enter into arbitration is that the process is more fluid. While the rules of evidence that guide a court room still technically apply to out of court discussions, this process allows for a bending of those laws. For example hearsay – a form of communication in which information is related to the court through a third party – is not allowed during court proceedings. However, this particular example is often allowed in arbitration proceedings. This means that information can be deal with on a much more liberal level, thereby allowing a conclusion to be reached much more quickly than a lawsuit would.
Finally, arbitration is a common manner to reach a decision because it is much more private and an open court lawsuit. Guaranteed in the Constitution is the right to a speedy and public trial. For many individuals involved in securities lawsuits, it is the ‘public’ part of that guarantee that worries them. They would much rather keep their financial numbers, dealings, and settlements as private as possible. They, therefore, choose to enter into discussions outside of the purview of the judge and all the attached documentation. It is important to note, however, that, by law, decisions made through arbitration have to be presented to the public. This information though is not widely recognized in public circles.
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Despite a recent report in one of the nation’s top news papers detailing the surprising string of accident free years in commercial aviation, aviation lawyers have been kept busy by any number of legal and liability issues. It has been found in a recent study that commercial fights in the United States have gone two consecutive years without a related accidental death. This is the first time that in the history of United States aviation that this feat has occurred. However, the average aviation lawyer still must battle over certain safety and liability issues that have kept the need for such specialized lawyers in demand. These lawyers, while obviously not having to concern themselves with personal injury claims due to accidents in the previous years of relative safety, have still had their hands full with defining regulatory bodies and creating new and protective laws for consumers, bystanders, and workers.
While assigning liability in an accident and insuring that a claimant receives due process of law and proper compensation where deemed necessary is the primary task of an aviation lawyer, it is not the only task. These specialized lawyers must deal with a complicated set of government institutions at the state and local level, and may even have to deal with international regulatory bodies for large, commercial flights. These agencies, committees, and other regulatory bodies are largely created from case files brought through and prosecuted by lawyers. Just like criminal law, aviation law has been created by these vast networks of case files and court decisions. These regulatory bodies have sprung from these decisions. Creating these laws, therefore, dominates much of these attorneys’ time and energy even when there are few commercial accidents to prosecute.
Aviation attorneys are also employed to institute safety standards. Many of these attorneys are involved in, or used to be involved in, commercial or private aviation. Many are current or former pilots and enjoy private joy flights. They are, given their concurrent knowledge of law, uniquely qualified to institute and maintain safety standards. By providing this service, they are insuring that when you buy your ticket for your next flight, you can be guaranteed of certain standards. These include safe airplane design, fully functioning safety systems (such as lighted pathways, available exits, floatation devices, etcetera), regular maintenance schedules, and age limits on old aircrafts. Without these basic guarantees commercial flying could be a dangerous practice. Once these safety guidelines are established, attorneys can then use these standards to prosecute those at fault during an accident and more easily assign liability to those at fault.
Even while the United States has had two consecutive years without a death associated with the commercial airline industry, the average aviation lawyer is still busy and in demand. Despite the fact that there have been no accidents to prosecute, these specialized lawyers still must maintain strict industry safety standards, thus insuring that the unprecedented string of safe and successful flights continue, and develop and fine tune the developing field of aviation litigation and law. Therefore, these particular lawyers are still heavily in demand.
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January 30, 2009 3:53 pm | 
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