You and a group of people have had the same issue in your purchase, which turned out to be defective and now seek redress. A class action attorney will represent your and the group’s rights at the court. However, you need to check whether or not you have trusted your claim to the right attorney. What shall you consider when hiring a class action lawsuit attorney?
What is a class action?
A class action is a particular kind of litigation, i.e., “legal proceeding in which one or several plaintiffs bring suit on behalf of a group”. The group of people who have similar claims or a common interest is represented in a class action lawsuit. The attorney, in this case, represents “questions of law or fact common to the class.”
What to look for?
When you hire a class action lawsuit attorney, you need to know that you will not get actively involved in the litigation as a plaintiff. Theoretically and legally, the attorney in litigation is your agent in a court of law. In this capacity, your attorney has the specific and most important duty to advance the group’s interests within the class action lawsuit and the bounds of the law. A list of steps will help you make the right decision regarding the lawsuit attorney.
Acting as a faithful fiduciary. You first need to clarify whether your agent – the attorney you hire in this case – will fulfill this obligation and will not abuse your trust. The attorney shall demonstrate integrity and propensity to act as a competent agent.
Aligning incentives. You need to clarify if your and your class members’ incentives align in a class action lawsuit. The class attorney must act for the benefit of the group, i.e, the class. In this case, the attorney is not specifically obliged to follow and fulfill the wishes of individual class members. The attorney acts for the benefit of the group as a whole and should not deviate from the interests of the class.
Tracking performance. Your attorney is your proxy when it comes to class action lawsuits. Check the credentials and the attorney’s performance history. This will tell you if he is competent enough to successfully handle your claim. The attorney will perform much of the work outside your direct supervision. Tracking the record with class action cases will allow you to enhance your ability to measure the attorney’s performance.
Attorney’s integrity and ethics. The attorney has an obligation to keep you reasonably informed on your claim status. The attorney is also bound by the ethics rules to not act in a way contrary to the group’s interests.
Consulting a seasoned firm. Before hiring a class action lawsuit attorney, you probably need to consult a competent law firm on a variety of matters. The attorneys at the Margarian Law Firm invest in their reputation and are experienced in class action cases. Our lawyers will advise you whether to proceed with a class action or file an individual lawsuit.