September 19, 2013 Articles

Class Actions 101: A Primer on Finding Plaintiffs for Your Class Action . . . Ethically

When identifying plaintiffs, attorneys must navigate both Rule 23 and their ethical duties.

By Kathryn Honecker, Julia Campins, and Laura Van Buren

In class actions, unlike typical individual litigation, plaintiffs’ lawyers are often confronted with situations in which they need to find, select, or replace named plaintiffs. When identifying named plaintiffs, class action attorneys must navigate the requirements of both Rule 23 and their ethical duties. In this edition of Class Actions 101, we address ethical and practical questions that a plaintiffs’ lawyer new to class actions may face when identifying proposed class representatives.

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