Avoiding Malpractice Liability and Ethics Violations in Class Action Litigation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 25, 2007


Description

Class action litigation presents unique ethical challenges and malpractice vulnerabilities for attorneys due to managing conflicts of interest, the no-contact rule, solicitation issues, and attorneys' fees. However, neither the Model Rules nor the Model Code specifically addresses how to resolve these common ethical 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 and participate from your office telephone as our panel of legal ethics and complex litigation specialists discuss best practices for dealing with the ethical hurdles and malpractice threats inherent when there are large classes of plaintiffs in a single lawsuit.

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Benefits

The panel will review 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?
     

Faculty

Richard Cirillo
Richard Cirillo
Partner
King & Spalding

He has represented major securities firms in antitrust class actions. He has written numerous articles on ethics law...  |  Read More

Thomas L. Allen
Thomas L. Allen

Partner
Reed Smith

He has spearheaded the defense of more than 75 class actions in courts throughout the U.S. and is familiar with all...  |  Read More

Jessica Miller
Jessica Miller
Partner
O'Melveny & Myers

She is a member of the firm's Class Actions, Mass Torts, and Aggregated Litigation Practice and has broad...  |  Read More