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Book part
Publication date: 10 April 2007

Alexandra D. Lahav

All clients are to some extent subject to their attorney's construction of their interests. This state of affairs reaches the extreme in the case of the class action because the…

Abstract

All clients are to some extent subject to their attorney's construction of their interests. This state of affairs reaches the extreme in the case of the class action because the class action permits masses of individual claims to be combined in one proceeding to promote efficiency and solve collective action problems. Class action scholars have long debated the role of class members without conclusion. The doctrine on whether and when the class member is considered a “party” to the litigation is incoherent. Neither courts nor commentators are clear on limits of the ethical duty of class counsel – does it run to individual class members or to the class as a whole? And if such a duty runs to the class as a whole, is the class an entity, like a corporation, or an aggregation of individuals each of whom is entitled to enforce class counsel's attorney–client obligations?

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-7623-1324-2

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Book part
Publication date: 10 April 2007

Abstract

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-7623-1324-2

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