A class action allows a person to take legal action for those in a similar situation. This person must retain the services of a lawyer who will help him with the legal proceedings. Learn about the Difference Between Mass Tort and Class Action in NY here.
The Representative Of The Group And His Lawyer
The person who decides to take collective action is called the representative such as Jacob Fuchsberg Law Firm for example. It is, in a way, the spokesperson for all the members, that is to say, the group of people who will be able to receive compensation if the collective action succeeds.
The person who wants to be the representative of a class action must meet certain conditions, such as:
- Be directly concerned by the problem which is at the origin of the collective action;
- Be able to understand the major issues of the action;
- Be ready to get involved to move the file forward in the interest of all members.
- This person must also find a lawyer to take charge of the file and ensure the smooth running of the class action. It is mandatory.
The court must authorize the class action for it to begin officially. The person who wants to act as a representative and his lawyer must prepare an authorization request that will allow the judge to verify whether certain criteria are met, among others:
- several people seem to have experienced a similar problem;
- class action suits the situation better than several separate lawsuits;
- the chosen representative can adequately represent the members;
- the case is arguable; the action is not doomed to failure.
- It is unnecessary to know the names of the persons targeted by the action or their number. Rather, it is defining all persons covered as a group.
If the judge thinks all the conditions are met, the class action can begin.
Who Pays The Lawyer?
Normally, the person who hires a lawyer must bear the costs. On the other hand, in matters of class action, lawyers are generally paid only when the action is successful. The lawyers are then entitled to a percentage of the total amount recovered by the members. The representative and his lawyer must agree on the remuneration from the start of the case.
Are You In A Favorable Situation To Start A Collective Action?
Most lawyers and firms that conduct class actions have a website.
You can find them using Google using keywords like “lawyer,” “class action,” and “class action” (this is the old name for class action).