It has been suggested that I should join a lawsuit and participate in a class action lawsuit. How could this help me? How could I benefit from joining one? How would a lawsuit help me?
How could I join a lawsuit? How could I join one or even sue one? Who else could you consult to join a lawsuit? If you are approached by another group of lawyers about joining a lawsuit, is it at all in your best interest to proceed with it?
When class members are sued, they are usually required to take out a bank loan to pay the other class members who are responsible for their claim. Sometimes, if the plaintiff’s lawyer is incompetent, the plaintiff may have to face malpractice charges. Even if malpractice charges are filed against the plaintiff, does the damage outweigh the cost of joining the lawsuit? Would the plaintiff still be able to obtain the money needed to pay off all the claims that the class members suffered as a result of the defendant’s negligence?
Class action lawsuits were originally invented to solve a problem that faced many lawyers. Large firms were often run by just one partner and their lawyers. As a result, lawyers often worked long hours and could only handle a limited number of cases. As a result, there were a great number of lawsuits that resulted in only one lawyer being paid. It was not enough to cover the lead plaintiffs and the costs of handling them.
After the U.S. Congress enacted the Class Action Litigation Modernization Act, this problem was eliminated. This act allowed lawyers to choose whether or not they wanted to represent the entire class or divide their time between a few cases. Today, most lawyers agree that dividing their time between several cases is better for them financially. Also, many lawyers are able to split the costs of filing the lawsuits between a handful of clients, allowing them to deal with fewer lawsuits and therefore keep their practice alive.
The new settlement process has also opened the door to lead plaintiff representation. For a lead plaintiff, if they wish to pursue a case through the class-actions process, they must first sign up for a settlement with the lawyers who will be representing them. Once a settlement has been reached, the lawyers help the lead plaintiff gets their money from the settlement and then the plaintiff can move on with their life.
