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THE GOLDEN RULE - THE
SQUEAKY WHEEL GETS THE GREASE
Ways to Strategically Position Yourself in a CLASS ACTION
LAWSUIT
to Increase Your Chances of Success.
Whether you are in the sometimes enviable position of being the person who first
brings the suit to correct a wrong or the person who just doesn't want to get
washed down the drain and go silently into the night, the first thing which you
must do is engage competent legal council.
Before you say "I can't afford thousands or even millions of dollars in
attorney fees" know that almost all class actions which have merit are taken on
a contingency basis. Your attorney, or attorneys, are going to pick up and
incur some very heavy expenses. Just a few of these costly expenses are the
costs of depositions, travel, mailings, filing fees, and so forth.
Remember they are going to be looking to stop the outflow of time and cash and
get some return and will be looking to settle the case. Before you go and pick
up the phone to call one of the fifteen or so large firms which handle class
action suits exclusively ... STOP!! You are normally better off hiring a
smaller firm which has some experience in class actions, who will look after
your interests, and which is readily available to you. Let that firm engage the
larger specialty firm if needed.
Unfortunately, if you have received a notice that you are a class member, you
have a very limited period of time in which to find legal council and evaluate
your position. Once your "opt-out" date has passed, your viable options are
very limited. Remember you didn't even have to receive notice of the class
action to be bound by the "opt-out" date, the final settlement reached, etc....
If you have managed to locate legal council, evaluate your position, and
decided the presented class action does not suit your interests as you had
anticipated, prior to the "opt-out" deadline your options are normally
two-fold.
The first, and possibly the most desirable depending on your record keeping,
availability, case particulars, and the like, is to try to
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"throw a wrench" into the well-oiled machine by legally objecting to the
fairness of the proposed settlement. If this is done with the
proper timing, it normally results in your interest being "greased" into the
well-oiled machine, and thus, your action being settled to your satisfaction.
The second option is simply "opting out" and taking the company on as an
individual.
Both the first and second possibilities are very difficult for you and your
attorney - remember the "deep pockets" and great attorney which the company is
going to bring against you and your attorney. However, a good solution to both
cases is to try and find other like-minded individuals to join you in your
efforts. This makes the possible dollar amounts recoverable worth your lawyers'
time if he succeeds.
There are several ways to contact these other individuals - public records,
government agencies, etc... although often times it is very difficult, if not
impossible. Making it possible for you to contact these other individuals
is one of the purposes of this site. If you are interested in
finding other resources/individuals, continue to the Contacts
Section of this site or search for references below.
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