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Class Action Ethical Challenges: Intra-Class Conflicts, Communication With Class Members, Attorney Fees, and More

Avoiding Legal Ethics Violations and Malpractice Liability

This program offers 90 minutes of ethics credit.

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 3, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide class action attorneys with guidance on dealing with the legal ethics hurdles and malpractice threats inherent in class action litigation. 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 applicable ethics rules do not specifically address how to resolve these dilemmas.

Courts generally adapt applicable ethics rules to the ethical concerns in class action lawsuits. However, 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
  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

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 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

Budner, Kevin
Kevin R. Budner

Partner
Lieff Cabraser Heimann & Bernstein

Mr. Budner is a partner in Lieff Cabraser’s San Francisco specializing in complex, high-impact litigation. He has...  |  Read More

Nguyen, Phong-Chau
Phong-Chau G. Nguyen

Partner
Lieff Cabraser Heimann & Bernstein

Mr. Nguyen is a partner in Lieff Cabraser’s San Francisco office specializing...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video