I affirm that I am in compliance with eligibility requirements for a PIABA members as outlined in Article IV Section 3 of the PIABA Bylaws.
This provision states: Section 3.
Eligibility.
(a) A person shall be eligible for Regular Membership upon satisfaction of all of the following criteria:
(1) Demonstration of their status as an attorney at law and a member in good standing of the bar of any state or U.S. territory; and
(2) At least 80 percent of their legal and professional work as an attorney or as an expert witness involving securities industry/customer disputes is performed on behalf of customers, and at least 80 percent of their law firm’s legal and professional work as an attorney or as an expert witness involving securities industry/customer disputes is performed on behalf of customers. For purposes of determining whether a person meets this requirement:
a. “Securities industry/customer disputes” shall mean disputes between investors, on the one hand, and any one or more of the following, on the other: securities and commodities industry participants (licensed or unlicensed), securities issuers, financial counselors, and persons alleged to have liability for the acts or omissions of any of the foregoing.
b. The percentage of the Regular Member’s or prospective Regular Member’s work and the percentage of their law firm’s work in securities industry/customer disputes shall be the percentage of hours spent rather than the percentage of revenues generated or any other measure; and the relevant time period for determining that percentage shall run from the date twelve months preceding the date on which the determination is made to the date on which the determination is made, inclusive.
If the prospective Member is an employee of or partner with a Regular Member in good standing, the time period for determining the percentage shall run from the date of hire or entry into partnership, so long as at least six months have passed between that date and the date of application. The prospective Member’s work performed before joining the existing Member’s firm will not be taken into consideration when determining the existing Member’s continued eligibility during the first six months of the prospective Member’s employment by or partnership with the existing Member. The prospective Member’s work performed while employed by or partnered with the existing Member shall be taken into consideration in determining the existing Member’s continued eligibility.
(b) Subject to approval by the Board, a person who does not represent investors in the United States shall be eligible for Regular Membership if that person is a Member in good standing of the legal profession in a nation outside of the United States and meets the requirements of Section 3(a)(2) above.
(c) If, at the time of application for membership, an attorney does not represent any customers in securities industry/customer disputes, the attorney shall be eligible for Regular
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Membership, provided that neither the attorney nor the attorney’s law firm, at the time of application for membership, or in the 12 months prior to application, is performing or performed any legal or professional work, including work as an attorney or as an expert witness, in a securities industry/customer dispute against a customer. Further, if admitted pursuant to this paragraph, upon the Attorney’s acceptance any legal and professional work, including work as an attorney and as an expert witness, in a securities industry/customer dispute, the Attorney shall certify compliance with Section 3(a)(2).
(d) The eligibility requirements for the five other classes of Membership are set forth in Article IV, Sections 5 through 9.
