Avoiding Ethics Violations and Malpractice Liability in Class Action Litigation

Recent civil RICO suits and criminal prosecutions involving Milberg Weiss attorneys on charges they paid kickbacks to lead plaintiffs in class action suits have brought heightened attention to the ethical issues surrounding class action cases.

Class action litigation presents unique ethical challenges and malpractice vulnerabilities due to an increased potential for conflicts of interest, no contact rules, solicitation issues, and attorneys’ fees. However, the Model Rules do not specifically address how to resolve these common dilemmas.

Courts generally adapt the Model Rules to fit ethical concerns in class lawsuits, but unsettled and divergent viewpoints among class action plaintiff and defense counsel make applying the standard rules vastly more complicated.

Listen as our panel of legal ethics and complex litigation attorneys discusses best practices for dealing with the ethical hurdles and malpractice threats inherent when there are large classes of plaintiffs in a single lawsuit.

The panel included:

Thomas Allen, Partner, Reed Smith, Pittsburgh. He has defended more than 75 class actions in courts throughout the US and is familiar with all aspects of class action practice. He has published and lectured on various complex litigation topics.

Brian Brooks, Partner, O'Melveny & Myers, Washington, D.C. He focuses on complex financial services litigation, including class actions. He is a frequent speaker at financial services litigation events.

Richard Cirillo, Partner, King & Spalding, New York. He has represented major securities firms in antitrust class actions. He has written numerous articles on ethics law and often speaks at professional seminars.

The panel reviewed these and other key questions:

• What guidance do the Model Rules, Amended Federal Rule of Civil Procedure Rule 23, and case law provide in resolving the ethical issues that come up in complex and class litigation?
• At what point can plaintiff and defense attorneys make contact with potential class members?
• When and how does precertification settlement by a named plaintiff create a conflict of interest as it relates to other potential class members?

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