Choosing the right litigation lawyer can make all the difference in achieving your desired results. Your class action lawsuit attorney should possess five key qualities: They should value your opinions and questions and take them seriously. They should be available to answer your questions promptly and in a manner you can understand.
Experience
A class action lawsuit is a legal case that allows individuals who have suffered similar damages to sue the defendant as a group. These cases can include defective products, consumer fraud, securities violations, employment law, and other claims.
Lawyers with experience handling these cases will likely be more successful. Attorneys with extensive class action litigation experience will better understand state, district, and federal court procedures. These attorneys will also be familiar with the different strategies and tactics used in this type of litigation.
Some attorneys may claim to be experts in class action lawsuits but only do so to draw potential clients. Clients need to find an attorney knowledgeable in this area who will work hard on their behalf. This will result in a more effective case and a greater likelihood of receiving compensation.
Case Management
Most class action lawsuit attorneys need to be able to manage the multiple individualized claims from numerous plaintiffs. These cases typically aggregate many individualized legal claims into one complaint, which greatly reduces expensive litigation costs for both parties.
This type of litigation requires significant research and documentation to ensure that the attorneys are not overlooking any potential legal issues. It also helps if the lawyers have experience handling complex class actions, as these can be much more complicated than typical civil complaints.
Additionally, if the class action lawsuit includes several plaintiffs from different states or countries, attorneys must be able to handle such an expansive case. This can include investigating potential jurisdictional issues that may arise.
Choosing an attorney who can work on these types of nationwide cases is advantageous as this will increase the likelihood of the case being successful. This is especially true if the attorneys work on a contingency basis, where they only get paid if they win the case.
Trial Skills
Class action lawsuits involve many people, and your lawyer needs to communicate effectively with you and other attorneys working on your case. This includes explaining complex legal theories and procedures in a way ordinary people can understand.
Litigation lawyers also need to have the ability to work under pressure and keep a cool head when the heat is on. Find out if your prospective attorney has worked under pressure and whether they have the skills to handle your case successfully.
You should also choose a law firm with sufficient resources to research your case properly. You want to ensure that your lawyer can bring your case to a successful resolution without settling for a settlement that is less than you deserve. Class action litigation lawyers are typically paid on a contingency basis, meaning they only get paid if they win your case.
Communication Skills
Communication skills are often overlooked by law school, but they’re crucial to a lawyer’s practice. Lawyers must be able to convey information in courtroom arguments and written documents, such as memos or emails.
Moreover, they must effectively communicate with clients, colleagues, and other parties involved in litigation or transactions. Good communication involves attentive listening and effective word choice, punctuation, and grammar.
It also includes avoiding informal communication features, such as text message abbreviations or emojis, and properly labeling documents as attorney work products or privileged.
Class action lawsuits require attorneys to communicate effectively with their clients and fellow lawyers and assistants. They also need to be able to read their clients’ nonverbal cues and relay them in front of the judge or jury. For example, clients may signal to an attorney that they are stressed, excited, or happy.
A capable attorney will be able to respond accordingly. They must also be able to communicate clearly and succinctly in written documents. This is especially important when drafting documents such as memos or letters.
Creativity
Creativity is about opening yourself up to new ideas and possibilities. It’s also about taking risks. Creativity can be frightening, and you’ll likely encounter lots of naysayers at first. But that’s okay. Almost every great invention was met with resistance at some point.
A class action lawsuit allows similar claimants, sometimes numbering in the thousands, to litigate their claims in a single forum. This helps promote judicial economy, efficiency, and fairness to all claimants.
For example, class actions have been filed against companies for damages caused by their products, such as side effects from pharmaceutical drugs, surgical procedures, and complications with breast implants or contraceptive devices.
More recently, it’s become common for large groups of consumers to sue a company when a product is defective or dangerous, such as in the case of Samsung’s upgraded Mobile phones that burst in 2017.