What Lawyers Can, And Can’t, Say To A Prospective Class Member

January 8, 2014

Lawyers on all sides of a pending class-action suit must use caution when communicating with members of a putative class. Defense counsel and competing plaintiffs counsel have unique limits on what they may say to putative class members prior to the end of the opt-out/claims period. But current precedent may discourage provisionally appointed class counsel from answering questions from prospective class members, despite their being the most informed and appropriate resource for potential class members, Gallo LLP attorneys Ray E. Gallo Patrick V. Chesney write.

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