The Qualities of a Class Action Lawsuit Attorney
Consumer fraud affects many people in different ways. This can be seen when you buy an item that is supposed to produce certain results but fails to do so, or the asking price is way higher than what is reasonable. These are examples of consumer fraud. Fraud schemes also exist, in which people pay for certain services, maybe online, but do not receive what they paid for. Identity theft is also classified as consumer fraud.
When one entity causes a number of victims harm; similarly, they can opt to have their cases tried as one, against this entity, which is the basis of a class action lawsuit. These cases benefit those who have suffered at the hand of the defendant, but cannot all get their legal representation when you calculate the enormous costs that action would result in. Class action makes it possible for many of you to have a fair trial.
Class action lawsuits are appropriate in certain cases of consumer fraud. They usually, ply when a large number of people suffered the same injury through the same entity. In consumer fraud cases, it is normal for the same effect to be felt by all the defendants. There has to be a common problem faced by all those harmed. Their legal qualms with the defendant will be the same across the board. The attorney is also tasked with the duty of demonstrating how a class action lawsuit is the best way to go about things. The similarities have to be thoroughly demonstrated.
Due to the number of plaintiffs involved, the lawyer has to pick one of them to be representative of all their cases. The shall serve as the lead plaintiff. The duties of the lead plaintiff is to appear in court and also to give witness testimonies. Since they shall be doing more, they shall also be rewarded more for it. Part of their duties is to be deposed, where the lawyers representing the defendant will be asking a lot of in-depth questions to the plaintiff.
The kind of history an attorney has determines if they shall be the best fit for your choice of a class action attorney. There are rules and regulations that apply in these cases, one who is not familiar with them will not be successful in your case. Consider their previous successes in similar cases. The attorney needs to also treat you with respect, and remain honest throughout the trial.
The payment for class action attorney work is usually after the case has been won. The factors that affect their pay include the number of plaintiffs represented, the risk involved in the case, and the final reward amount settled upon. Usually they ask for 30% of the reward.
This is what is called contingency basis. There are plaintiffs that are rarely aware of their position in these cases, until the attorney lets them know. These lawyers cannot wait for every client’s consent before proceeding with the case.
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