Class Action Litigation: Avoiding Legal Ethics Violations and Malpractice Liability

Intra-Class Conflicts, Communication With Class Members, Attorney Fees and More

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


Conducted on Tuesday, February 6, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide plaintiff and defense class action attorneys with guidance on dealing with the legal ethics hurdles and malpractice threats inherent when there are large classes of plaintiffs in a single lawsuit. The program will address intra-class conflicts, communication with class members and attorney fees.

Description

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

Courts generally adapt the Model Rules to fit ethical concerns in class action 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 plaintiff and defense class action 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 will address intra-class conflicts, communication with class members and attorney fees.

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Outline

  1. Conflicts of interest within the class
    1. Differences among class members
    2. Model Rules
    3. Model Code
  2. Communication with class members
    1. Solicitation
    2. Ex parte communications
  3. Discovery and disclosure obligations/e-discovery preservation issues
  4. Ethical issues in settlements
    1. Negotiating attorneys’ fees
    2. Non-monetary class benefits—how to place a value on these benefits?
    3. When named plaintiff settles pre-certification
    4. When a plaintiffs’ lawyer leaves case pre-settlement

Benefits

The panel will review these and other key issues:

  • Guidance from Model Rules, Amended Federal Rule of Civil Procedure Rule 23, and case law that provide to resolve legal ethics issues that arise in complex and class litigation
  • When plaintiff and defense attorneys may contact potential class members
  • When and how a precertification settlement by a named plaintiff creates a conflict of interest as it relates to other potential class members

Faculty

Phillips, Robert
Robert D. Phillips, Jr.

Partner
Alston & Bird

Mr. Phillips is a business litigator with nearly 40 years of experience assisting numerous companies in high-stakes...  |  Read More

Preston, Brett
Brett J. Preston

Shareholder
Hill Ward Henderson

Mr. Preston practices in the firm’s Litigation and Cybersecurity and Data Breach Groups and is the firm's...  |  Read More

Tangren, John
John E. Tangren

Partner
DiCello Levitt & Casey

Mr. Tangren maintains a national practice in consumer class action litigation, with vast experience in the field of...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

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$297