What Do You Mean by Legal Representative Class 12

Paragraph (e) requires court approval upon notice for the dismissal or settlement of a class action. A legal representative is a person authorized to act on behalf of another person. He protects the interests of his clients and is responsible for making decisions when his protégés are unable to do so. Although a person in this position is sometimes a lawyer, this is not necessary, although a lawyer is necessary to determine a person`s status as a legal representative. Paragraph 1(B) recognizes that class counsel has the primary responsibility arising from his or her appointment as class counsel is to represent the best interests of the class. The rule thus establishes the obligation of group counsel, which may differ from the lawyer`s usual obligations to individual clients. Appointment as a class lawyer means that the lawyer`s primary duty is to the group and not to the individual members of the group. Class representatives do not have the absolute right to “dismiss” Class Counsel. Similarly, Class Representatives cannot order Class Counsel to accept or reject a settlement proposal. Rather, it is for class counsel to decide whether obtaining court approval of a settlement would be in the best interests of the class as a whole.

The rule is that the court must appoint a “class counsel.” In many cases, the plaintiff will be a single lawyer. In other cases, however, an entire law firm or perhaps many lawyers who are not otherwise related but are involved in the lawsuit will apply. There is no rule of thumb for determining when such arrangements are appropriate; The court must be aware of the need for adequate staffing of the case, but also of the risk of overstaffing or an unpleasant lawyer structure. The predominance of common issues is not in itself sufficient to justify collective action under subsection (b)(3), since there may be another method of dealing with the situation in question which has greater practical advantages. Therefore, one or more actions agreed to by the parties as typical or test actions may be preferable to a class action; Or it may be feasible and preferable to consolidate measures. See Weinstein, op. cit. cit., 9 Buffalo L.Rev., pp.

438-54. Even if several separate proceedings are heard at the same time, experience shows that the burden on parties and courts can sometimes be reduced by precautions to avoid repeated or other discoveries. Currently, the U.S. District Court Multiple Litigation Coordination Committee (a subcommittee of the U.S. Judicial Conference`s Committee on Trial Practice and Technology) is tasked with developing methods to expedite these massive disputes. To reinforce the argument that the court, with the assistance of the parties, should assess the relative merits of an alternative proceeding to deal with the entire dispute, paragraph (b)(3) requires, as an additional condition of maintaining the class action, that the court find that the class action is “superior” to the others in the particular circumstances. The parties should also provide the court with information on the likely range of outcome of litigation and the risks that could accompany a full dispute. Information about the scope of discovery in litigation or parallel proceedings can often be important. In addition, as proposed in Rule 23(b)(3)(B), the parties must provide information on the existence of other pending or anticipated litigation on behalf of Class Members seeking claims that would be discharged under the proposal. The active involvement of the judiciary in the evaluation of fee subsidies is of extraordinary importance for the smooth running of the class action procedure. Continued reliance on case law on fee allocation measures does not detract from the Court`s liability. In a class action, the district court must ensure that the amount and method of payment of attorneys` fees are fair and reasonable, whether the fees come from a pooled fund or are otherwise paid.

Even if no objection is raised, the court assumes this responsibility. The proposed treatment of attorneys` fees under rule 23(h) should normally be dealt with in the parties` submissions to the court. In some cases, it will be important to link the amount of attorneys` fees to the expected benefits to the group. One way to address this issue is to defer some or all of the lawyers` fees until the court is informed of the actual claim rate and outcomes. The rule is also amended to extend the time limit for filing a motion for review of a class action certification order to 45 days if a party is the United States, one of its agencies, or a U.S. official or employee sued for an act or omission related to duties on behalf of the United States. In this case, the extension applies to a party`s application for leave to appeal. The extension, as in Rules 4(i) and 12(a) and Appeal Rules 4(a)(1)(B) and 40(a)(1), recognizes that the United States has a special time requirement with respect to these matters. It applies whether the officer or employee is prosecuted in an official or individual capacity.

An action brought against a former officer or employee of the United States is covered by this provision in the same way as an action brought against a current officer or employee. The termination of the relationship between the individual defendant and the United States does not reduce the need for additional time. The lawyer should determine which method or methods of communication are most effective; Simply assuming that “traditional” methods are the best may ignore contemporary communication realities. The ultimate purpose of notification is to enable Class Members to make informed decisions as to whether to opt out or, in cases where it is a proposed settlement, to object or make claims. Rule 23(c)(2)(B) provides that notice must be given “in clear and easily intelligible language”. The means, format and content that are appropriate for Class Members who may be demanding, such as in a securities fraud prosecution, may not be appropriate for a category where many Class Members are likely to be less demanding. The court and lawyer may consider using class action experts or professional claims administrators. If the court issues a notice of direct certification in a class action (b)(1) or (b)(2), the discretion and flexibility set out in paragraph (c)(2)(A) extends to the nature of the notice. The notice facilitates the possibility of participation.

Messages calculated to reach a large number of group members often protect everyone`s interests. Informal methods can be effective. A simple notice in a place frequented by many participants to draw attention to a more detailed source of information may suffice. The court should weigh the costs of termination against the likely range of cost-effective methods.