Membership Terms

Do you know what your Errors and Omissions policy covers? What is your deductible?

Our two programs are:


The eMitigation Membership for $295 per year;

  • Referral to experienced lawyers and/or law firms at a 20% discount off the regularly published hourly rates to assist the Member in obtaining knowledgeable and experienced representation.
  • The web-based e-Defense Manager which includes professional references, templates and more.
  • Access to 14 hours of continuing professional education (CPE) certifications (including insurance) delivered via the web-based e-Defense Tutorial Final exam.
  • Over 50 FINRA produced e-learning courses.
  • The FA Risk Managment quarterly newsletter, The Financial Advisor's Times.
  • Industry and regulatory updates


Did you know the average cost of legal representation for arbitration has risen from $16,000 in 2001 to over $50,000 today?

The eMitigationPLUS Membership for $975 per year;

  • 30 minutes of free legal consultaion each membership year.
  • In addition to the eMitigation Member benefits, the PLUS membership shall be entitled to a “Defense” to one “Claim” in a given “Membership Year” worth up to $35,000. “Defense” afforded the Member includes the following:
  • Legal representation by a lawyer and/or law firm knowledgeable and experienced in securities litigation and financial matters to defend against a "Claim". The "Defense" shall be for any "Arbitration" or "Mediation" conducted by the Financial Industry Regulatory Authority (FINRA), or any other forum provided by a self-regulatory organization or the American Arbitration Association (AAA) initiated against a Member by either an "Individual Client and/or Customer" and/or an heir of an "Individual Client or Customer".
  • The eMitigation PLUS membership requires an advance to legal counsel referred by FA Risk Management to be forwarded to the referred counsel a retainer fee of five thousand dollars ($5,000); after the payment of the Initial Retainer, FA Risk Management and the Member shall be responsible for compensating the referred counsel on the following terms:
  • FA Risk Management shall be responsible for paying the first $20,000 in attorney fees incurred exceeding the Member's Initial Retainer;
  • The Member shall be responsible for paying the next $10,000 in attorney fees incurred exceeding the Member's Initial Retainer and the preceding obligation of FA Risk Management;
  • FA Risk Management shall be responsible for paying the next $15,000 in attorney fees incurred exceeding the Member's Initial Retainer and the preceding obligation of FA Risk Management and the Member;
  • The Member shall be responsible for paying all attorney fees incurred exceeding the Member's Initial Retainer and the preceding obligation of FA Risk Management and the Member until the "Claim" is resolved.

 
TERMS AND RENEWAL PROVISIONS

  • FA Risk Management shall not be required, however, to bear any costs associated with a motion to confirm/vacate the arbitration award and/or an appeal there from.
  • FA Risk Management shall not pay "Out of Pocket Expenses" inccurred by and invoiced to the Member by legal counsel referred by FA Risk Management and retained by the Member. Additionally, the Member will be personally responsible for his/her share of the Award for an Arbitrator's and/or a Mediator's per diem fee, and arbitration or mediation forum and hearing fees.
  • FA Risk Management shall not pay a "Defense for a Claim" for a member not in "good standing".
  • Membership in FA Risk Management is for a contract term of one (1) "Membership Year". The Member understands that this is an annual contract and shall renew automatically for successive one (1) year terms unless the Member submits to FA Risk Management written notification of his/her intention to terminate no later than 30 days prior to the renewal date of the Member's contract. If any Member charge is dishonored, FA Risk Management shall be under no liability whatsover and the Member will forfeit all funds paid to FA Risk Management.
     

VOLUNTARY TERMINATION

Voluntary termination may occur at the end of any billing period of your membership. Payments are not refunded. If you terminate your membership, you may rejoin as an eMitigation member, however, you will not be eligible for the eMitigationPLUS membership for 6 months upon returning and must complete the e-Defense Tutorial and be subject to a credit and broker background check prior to acceptance as an eMitigationPLUS member.

 
CONFLICT(S) OF INTEREST

It is understood that potential conflict(s) of interest(s) may develop. If in the opinion of the defending lawyer and/or law firm a conflict of interest cannot be mitigated, the Member will be appointed separate legal counsel whose fees will be paid for by FA Risk Management (payment to continue as described above).

 

CONFIDENTIALITY

All Member information will be deemed confidential. Under no circumstances will any confidential information be disclosed to any entity and/or person without the express written consent of the Member.


 

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