What To Look For In A Class Action Firm
History and a stellar track record are two of the most important criteria for any law firm. Particularly in the area of class action law where the stakes are so high. You need a firm that has both navigated multiple cases, wins awards, has a great reputation with colleagues and adversaries, and has a high success ratio in their clients’ favor.
Expertise in the specific area at play is another important factor. While most class action firms handle different areas of law, many are now becoming specific to a certain area of expertise. Be sure to check the website and look for firms specialized in your area of need. These firms may offer a more in depth knowledge base. They often have had more experience with courts and judges in these areas, giving them a definite edge .
Third, the amount of resources the firm has to devote to the case is another important positive. The firm should never run out of resources halfway through a case, such as when depositions are to be taken five days a week for two solid months. In these instances, only firms with large teams, working together on these depositions, can deliver.
Fourth, it never hurts to see how the firm treats other clients. Ask for a referral of a client similar to your own. If the firm is not willing to provide one, that is a red flag. However, if the firm provides a list of similar, satisfied clients that offer to act as a reference, this is one of the sure signs of a great law firm.
Traits Of Successful Class Action Attorneys
In addition to demonstrated experience in the field of class actions, leading class action lawyers must possess keen negotiation skills, an understanding of various complex areas of litigation, and the ability to respond quickly and logically under extreme time pressure. As class action litigation can be lengthy and complicated, a top class action lawyer must also have the stamina, perspective, and mental fortitude to keep pace with the length and complexity of the case. Class action attorneys must be able to remain objective toward their own clients, despite the considerable emotional investment that these clients may feel in the case against the party being sued. Due to the sheer numbers involved in class action litigation, coordinated management of plaintiffs is key. Leading class action attorneys will typically have experience organizing and directing large numbers of plaintiffs.
Top Recommended Class Action Lawyers
There are several law firms that have gained reputations as some of the top class action firms in the United States. Some of these firms include Lieff Cabraser Heimann & Bernstein, LLP; Motley Rice LLC; and Cohen Milstein Sellers & Toll, PLLC. Lieff Cabraser Heimann & Bernstein, LLP has been involved in many high-profile environmental cases, including a $27 million settlement for Exxon Valdez oil spill victims and a $745 million settlement for victims of the BP Deepwater Horizon oil spill. Motley Rice LLC has been involved in some of the largest settlements in class action history, including a $2 billion settlement on behalf of victims of the 9/11 terrorist attacks, a $105 million settlement for investors in the Enron Corp. securities and derivative litigation, and a $117 million settlement for victims of the Fiat Chrysler Automobiles safety and emissions case. Cohen Milstein Sellers & Toll, PLLC has represented a range of clients in a variety of cases, including a $2.5 billion settlement for victims of the BP Deepwater Horizon oil spill, a $3.75 billion settlement for victims of the 9/11 terrorist attacks, and a $53 million settlement for victims of the BP Texas City Refinery explosion.
Advantages Of Hiring A Top Class Action Lawyer
The benefits of engaging a leading class action law firm can be numerous. First, the scales of the typical class action litigation simply cannot be found among smaller or less successful class action practices. The overhead of a mid-sized or smaller firm may prove to be an unnecessary cost when filing the litigation and ultimately developing the case toward settlement is likely to be the same regardless of the size of the law firm. Smaller firms may not have access to the vast accounting or technical expertise necessary to conduct large document productions or e-discovery projects . Instead, the work is often outsourced to costly third-party vendors. Second, the same cost that you may be paying to an outside vendor to obtain the work product of multiple hours of work may be a use of dollars that is better spent hiring counsel with in-house resources. Third, having in-house experts dedicated to your particular class action litigation has efficiency advantages. Sometimes what may appear from the outside to be a difficult issue for a large firm to determine may actually be low hanging fruit to the dedicated attorneys at a top firm well versed in practice area knowledge.
Finding The Right Class Action Lawyer
When it comes to finding the right class action law firm, there are a few important steps that potential clients should consider before making a final decision. First and foremost, individuals should take the time to research past results for both the firm and its attorneys. These results can typically be found on the website, or by asking an attorney directly. It is also important to find an attorney who not only specializes in class action lawsuits, but also has a particular area of expertise within those cases and is genuinely passionate about pursuing those types of claims. Firms that specialize in diverse areas may offer breadth, but may also lack the depth that is needed to succeed in more complex cases. Another major step in deciding on a firm is to look for case studies and testimonials from past clients. Firms should be willing to brag about their results and defend them to potential clients. Finally, ask lawyers about costs and strategies upfront. While a good lawyer should have no issue discussing future strategy, if there are any red flags regarding expected costs or how they will be billed, individuals should certainly pay attention to these concerns.
The Future Of Class Action Lawsuits
As technology advances and society evolves, so too do the issues at the heart of class action cases. Currently, these are a few trends taking shape in class action litigation:
A Difficult Road Ahead for Private Securities Class Actions
In Halliburton Co. v. Erica P. John Fund, Inc., the U.S. Supreme Court recently upheld the presumption of class-wide reliance for securities-fraud cases, while also preserving defendants’ right to rebut the presumption at the class-certification stage with evidence that the alleged misrepresentations had no price impact. The Friedman Law Firm is currently representing shareholders with claims against Halliburton in the first trial claiming class-wide damages under Halliburton.
Generation Y
Early class action lawyers have seen similar generations come and go in the past. Mass torts were very popular in the 1980s and 1990s for lead paint, tobacco and asbestos. Today’s class action lawyers have seen the mass torts of BP oil spill and Transvaginal Mesh. Consequently , the new generation of class action lawyers has no fear of trying new legal theories and practice areas. Tech companies, especially social media companies, have become plaintiffs’ attorneys favorite RICO, employment, consumer, antitrust and privacy cases.
Class Action Reforms
Congress has made numerous attempts to reform class action litigation over the past two decades. For example, the Private Securities Litigation Reform Act of 1995 (PSLRA) made plaintiffs more responsible to their clients for attorneys’ fees and costs, and eliminated the practice of "picking off solos," or defendants settling with just named plaintiffs. The Class Action Fairness Act (CAFA) allows defendants to remove federal lawsuits to federal courts, where they are more often adjudicated more quickly and more cost effectively. Both legislative efforts aimed to remove the incentives for forum shopping and plaintiff shopping that drove these cases and increased the costs associated with them. However, if other changes are on the horizon for class action litigators, only time will tell if they will be enacted into law.