How To Choose a Class Action Lawyer

You have probably seen ads for class-action lawsuits against large corporations for product liability claims, such as asbestos or pharmaceuticals. You may even have received an email or mailer about participating in one of these lawsuits. These are called opt-in notices.

If you join a class action lawsuit, you will not be the lead plaintiff. Someone else has already started legal action, and these notices let other potential victims know they can join the case.

Choosing the right attorney is essential to filing a class action lawsuit. In some situations, you may also want your own attorney to join a class action. Regardless, consulting an attorney can help you determine the best course of action.

This article explains how to find a class action attorney and what to know about class action law.

Who Starts a Class Action Case?

Class action litigation begins when a group of people has individual lawsuits against a single defendant. If their claims are similar enough, the attorneys petition the court to combine or “join” the cases into a single class action case. One individual is the class representative, and the remaining cases become members of the class. The representative brings the claim on behalf of all class members, including those who join later.

Most people involved in a class action claim learn about the case long after it starts. Some types of cases can take years to resolve. For instance, victims are still filing and settling asbestos claims. Courts prefer class action suits when a claim involves a large group of people because it reduces the number of individual lawsuits.

Other types of class suits are mass torts and multidistrict litigation (MDL). 

Do I Need My Own Attorney To Join a Class Action?

Most of the time, no. If you received an opt-in notice, this means the lawsuit is already in progress and has lawyers in place to represent the entire class. You can still choose to hire your own counsel–but you’re not required to.

Having your own class action lawyer may be beneficial in certain situations. For example, if your injuries are much more significant than other members, your lawyer may be able to recover more in compensation. Hiring your own legal help will also give you more say in settlement offers.

If you decide to get your own class action lawyer, there are certain things to look for. Keep reading for what matters most when choosing the right attorney.

Attorney Compatibility 

Compatibility level is one of the most overlooked aspects of choosing an attorney. This isn’t like a dating app where you need to be a 100% match. However, your lawyer must meet your needs and the needs of the entire class. It’s likely that your attorney will represent other clients in the class action or mass tort, so you should be comfortable with your choice.

The attorney should explain the case clearly without “legalese.” If you have questions, you should get answers within a reasonable time. If the attorney will not manage individual cases directly, which often happens in class action lawsuits, you should know who is responsible for your file. Knowing who to contact for case updates will help reassure you that your claim is being handled properly.

Fee Structure

Part of the attorney-client relationship is attorney fees. Understanding your legal costs upfront can help ease some of the tension surrounding this issue. In general, class action attorneys work on a contingency fee basis, meaning they are paid only if the case succeeds or settles. The lawyer’s fee is a percentage of the award or settlement fee.

You should receive a written fee agreement before you join a class action lawsuit or mass tort. A good attorney will recommend that you seek other legal advice before signing any fee agreement.

Experience in Class Action Suits

Experience is essential. Class action lawsuits require expertise that includes filing the appropriate paperwork, proving the class exists, choosing the best member(s) to represent the class, and much more. Ideally, your future class action lawyer will have tried class action lawsuits before.

Your attorney should have experience filing cases in your subject, such as product liability. Ask if the attorney will handle the case personally or if associates will manage your individual claim.

Certification in Federal Law

Your potential class action lawyer must be able to represent the interests of the class. A case filed in federal court will need an attorney certified in federal law.

A class action lawsuit has a wide range of plaintiffs. While all plaintiffs must have suffered a similar injury, they can come from different locations. For example, defective product claims can span the country. A person in Florida can be just as eligible for the class as someone in Alaska.

Choosing a Class Action Lawyer: Related Resources

• What are Toxic Torts?
• What Does it Mean to Settle a Case?
• Time Limits to Bring a Case: The “Statute of Limitations”
• Tips for Working With a Lawyer
• Dangerous Drug Laws and Recalls

How To Start Your Search for a Class Action Lawsuit Attorney

Class action lawsuits are complicated, whether for a faulty product or a pharmaceutical injury. Finding the right attorney to navigate this process can be the difference between feeling lost in a large case and having someone who can protect your interests every step of the way.

FindLaw’s directory of class action lawyers can connect you with qualified legal help near you. Start by entering your city or zipcode for a list of class action attorneys near you. Your search results will also show contact and ratings information. Then, reach out with your questions.