Page 16 - NC Triangle Vol 6 No 5

YOUNG ATTORNEY SPOTLIGHT
Brooke Howard
The Good Side of the Fight
Written by Bob Friedman Photographed by Carolyn Scott
When a retired North Carolina couple was pleased with the early results of an invest- ment, they introduced two other retired couples to the broker who had sold it to them. “The invest- ment turned out to be complex and far too risky. Half of their nest eggs were lost,” said Raleigh lawyer Brooke How- ard who represented the couples.
Howard filed a complaint on their be- half with the Financial Industry Regula- tory Authority (FINRA). “Under FINRA rules, a broker or an investment adviser needs to take into account the age of the customer, what other investments the customer owns, their investment expe- rience, their time horizon, their need for liquidity and their risk tolerance.”
“People are very trusting,” said How- ard. “When you aren’t an investment professional, you lack a yardstick to measure ‘what sounds too good to be true’ and instead you rely on trust. Most people have no idea that their trust has been betrayed and that they were prom- ised unrealistic returns until their sav- ings are gone.”
FINRA Cases
When considering a FINRA claim, Howard looks at whether the investment was unsuitable for the client, if there was unauthorized trading, if the broker put too many eggs in one basket, churned the account or made false or misleading claims.
“FINRA cases are resolved fairly quickly, usually within a year. There are no depositions. Just an exchange of thousands of pages of financial docu- ments, a mediation then binding arbi- tration,” said Howard. FINRA has a six- year filing rule as opposed to a statute of limitations.
Most of Howard’s clients suffered at least $50,000 in net losses due to in- vestment fraud. In many FINRA cases, claimants recover at least a portion of their lost funds. Legal fees, costs and punitive damages are discretionary.
“Usually clients are just thankful not to have lost everything,” said Howard.
Blackwater Lawsuit
A native of Pompano Beach, Florida, Brooke Howard attended the University of Florida where she double majored in economics and political science. She earned her Juris Doctor from the UNC School of Law.
Howard clerked for Judge J. Douglas McCullough at the NC the Court of Ap- peals before joining Raleigh-based Lewis & Roberts. She started o practicing con- struction law before transitioning into in- vestment fraud and personal injury.
She was a member of the legal team at Lewis & Roberts that represented six Iraqi civilians in personal injury and wrongful death actions against Black- water/Xe Services arising from the Sept. 16, 2007, Nisur Square shootings in Baghdad.
“One of the things I love about my work as a lawyer is I always feel like I’m
on the good side of the fight helping people,” said Howard about her role in the Blackwater litigation.
She left Lewis & Roberts to launch Howard Law PLLC in November 2015. The firm handles personal injury claims with a heavy emphasis on investment fraud cases.
“Hard Headed as Hell”
Howard and her husband, Adam “Red” Howard have two children, Aus- tin, 4, and Cash, 9 months. When not shuttling kids to activities, the couple rehabs houses. “I hate going to the gym, so “sweat equity” (yard work, carrying in flooring materials, assembling and installing kitchen cabinets, etc.) is as close as I get to working out.”
They are now rehabbing their fourth house. “We were told that the home was a safe house owned by an Iranian prince whose family had been hunted. When we bought it, it had been vacant for several years and was in the pro- cess of being condemned,” said How- ard.
“Rehabbing houses and taking on contingent plaintiff ’s cases require some of the same skill sets and qualities,” said Howard.
“My mentor and former boss af- fectionately called me, ‘hard headed as hell,’” said Howard. “My husband doesn’t think that I am hard headed; he just thinks that I am ‘confident and have good instincts.’ I am an optimist with a high-risk tolerance. I do my homework. I make a plan, adapt it as needed, take calculated risks, and focus on the end game for my clients.”
Howard Law PLLC
111 Windel Drive, Suite 201 Raleigh, NC 27609
(919) 446-5193 www.howardlawpllc.com