Is this a new development??

[KarlMarx]

I received a notice of a class action lawsuit against Microsoft a few weeks ago. It read that, if I may be entitled to damages, blah, blah, blah and that I should fill out the forms and return them....

I tossed them out....

I was at my parents today, they had a notice of a class action lawsuit against... a brokerage investment firm, just call the toll free number and blah blah blah...

I told them to toss it....

Is this a new twist? Are lawyers turning to telemarketing tactics and mass mailings to turn a buck?

Abbey Normal? Avatar? Any ideas?

What does the ABA have to say about this?

 

[Annie]

Do you have a link? I moved this to legal, was there a reason you wanted this in education?

 

[KarlMarx]

Do you have a link? I moved this to legal, was there a reason you wanted this in education?

No, I don't have a link....

It's something I've noticed, so I thought I'd ask other board members.

P.S. Thanks for moving it, I meant to have it in legal... I must have fat fingered it....

 

[ScreamingEagle]

I received a notice of a class action lawsuit against Microsoft a few weeks ago. It read that, if I may be entitled to damages, blah, blah, blah and that I should fill out the forms and return them....

I tossed them out....

I was at my parents today, they had a notice of a class action lawsuit against... a brokerage investment firm, just call the toll free number and blah blah blah...

I told them to toss it....

Is this a new twist? Are lawyers turning to telemarketing tactics and mass mailings to turn a buck?

Abbey Normal? Avatar? Any ideas?

What does the ABA have to say about this?

Just new forms of drumming up business for the ambulance chasers. Ever read any of John Grisham's novels...such as The King of Torts? He delves into the subject in an entertaining way.

Mass tort lawyers are Grisham's target, the men (they're all men here, at least) who win billion-dollar class-action settlements from corporations selling bad products, then rake fantastic fees off the top, with far smaller payouts going to the people harmed by the products.
http://www.amazon.com/gp/product/0385508042/104-4853897-8937560?n=283155&tag=ff0d01-20

 

[jillian]

Just new forms of drumming up business for the ambulance chasers. Ever read any of John Grisham's novels...such as The King of Torts? He delves into the subject in an entertaining way.

No. They're required to send notice to all potential members of the defined class. It is then up to the person notified to opt out or opt in depending on what the instructions are.

By tossing the papers, Karl may have opted in

 

[ScreamingEagle]

No. They're required to send notice to all potential members of the defined class. It is then up to the person notified to opt out or opt in depending on what the instructions are.

By tossing the papers, Karl may have opted in

Yes, "potential members" of a defined class. They first have to identify them, don't they?

 

[jillian]

Yes, "potential members" of a defined class. They first have to identify them, don't they?

Yes. But that's done in the Court papers which precede the ability of the attorneys to send notice. Lawyers aren't allowed to *solicit clients*, so first the Court has to grant the group *class status*.

 

[ScreamingEagle]

Yes. But that's done in the Court papers which precede the ability of the attorneys to send notice. Lawyers aren't allowed to *solicit clients*, so first the Court has to grant the group *class status*.

So how do attorneys manage to get a group together to speak on their behalf in the first place? Getting that class action status is how attorneys make the big bucks. They may not directly "solicit" clients but there are certainly various methods employed to find clients in order to claim class status. The clients may not wind up with much $$ but the attorneys usually do. Class action lawsuits do not exactly have the best of reputations:
http://www.instituteforlegalreform.com/issues/LeadingNewspapersAreSaying.pdf

 

[Abbey Normal]

Karl,
I have received a few of these over the years. They're not new. So far, I have always opted out.

 

[jillian]

So how do attorneys manage to get a group together to speak on their behalf in the first place? Getting that class action status is how attorneys make the big bucks. They may not directly "solicit" clients but there are certainly various methods employed to find clients in order to claim class status. The clients may not wind up with much $$ but the attorneys usually do. Class action lawsuits do not exactly have the best of reputations:
http://www.instituteforlegalreform.com/issues/LeadingNewspapersAreSaying.pdf

Attorneys don't get a group together. The attorney has a client with a particular problem. He/she brings an action in the name of that client and all others similarly situated. They define for the court what characteristics the group has and then ask that the group be certified as a "class". Once class status is granted, then they send out their notices.

 

[William Joyce]

Attorneys don't get a group together. The attorney has a client with a particular problem. He/she brings an action in the name of that client and all others similarly situated. They define for the court what characteristics the group has and then ask that the group be certified as a "class". Once class status is granted, then they send out their notices.

This is basically right.

It's a big issue right now, because "class members" often get pennies while the lawyers get gross amounts of money. Not that in many cases anybody deserves anything, but hey, I'm a defense attorney. Full disclosure.

 

[ScreamingEagle]

Attorneys don't get a group together. The attorney has a client with a particular problem. He/she brings an action in the name of that client and all others similarly situated. They define for the court what characteristics the group has and then ask that the group be certified as a "class". Once class status is granted, then they send out their notices.

You are a bit naive if you think attorneys don't "go after" clients. Here's an example--read this open letter to the Mac Community by a guy who was pursued by two groups of attorneys in the iPod Nano "Scratch" Class Action Suit.
http://jasontomczak.com/

 

[Mr. P]

You are a bit naive if you think attorneys don't "go after" clients. ....

Some do, not all.

 

[ScreamingEagle]

Some do, not all.

Spoken like an attorney.
(I don't know if you're one, but i'm beginning to think there are quite a few on this Board)

 

[Mr. P]

Spoken like an attorney.
(I don't know if you're one, but i'm beginning to think there are quite a few on this Board)

The wife is, and a Judge too.

 

[jillian]

This is basically right.

It's a big issue right now, because "class members" often get pennies while the lawyers get gross amounts of money. Not that in many cases anybody deserves anything, but hey, I'm a defense attorney. Full disclosure.

Thanks for telling me that's "basically" right.

And I had a private practice for quite a while, though I didn't do any class action work or very much P.I. Full disclosure in return, though I've known enough people who do defense work that I see where you're coming from.

Oh...and I agree that much of the time lawyers get windfalls. But truth is that much of the time they don't. And if they didn't no one would take those types of cases (no matter how valid) but for the payday. I always said that the better I do financially, the more altruistic I can be.

On the other hand, I hate the hot coffee from McDonald's type of cases. I think they make lawyers (and plaintiffs) look really bad and hurt people with truly valid claims (particulary when you hear so much about the litigations, but very little about when the appellate courts reduce or throw out the verdicts).

 

[Mr. P]

Thanks for telling me that's "basically" right.

And I had a private practice for quite a while, though I didn't do any class action work or very much P.I. Full disclosure in return, though I've known enough people who do defense work that I see where you're coming from.

Oh...and I agree that much of the time lawyers get windfalls. But truth is that much of the time they don't. And if they didn't no one would take those types of cases (no matter how valid) but for the payday. I always said that the better I do financially, the more altruistic I can be.

On the other hand, I hate the hot coffee from McDonald's type of cases. I think they make lawyers (and plaintiffs) look really bad and hurt people with truly valid claims (particulary when you hear so much about the litigations, but very little about when the appellate courts reduce or throw out the verdicts).

Now ya spoiled my fun! I was gonna "out" ya. I knew you were one.

 

[jillian]

Now ya spoiled my fun! I was gonna "out" ya. I knew you were one.

Now how did you know that?!?!?! lol....

(W.J. was just so fair in giving disclosure that I felt I had to reciprocate.)

 

[Mr. P]

Now how did you know that?!?!?! lol....

(W.J. was just so fair in giving disclosure that I felt I had to reciprocate.)

How did I know? Humm...yer posts, knowledge, sentence structure..
I thought it obvious, but then I’m pretty good at reading people.
What type practice did you have?

 

[jillian]

How did I know? Humm...yer posts, knowledge, sentence structure..
I thought it obvious, but then I’m pretty good at reading people.
What type practice did you have?

Why thank you. Just didn't seem pertinent before but I kind of felt like if I didn't respond to WJ in kind it wouldn't be the right thing to do.

My practice was about 1/3 matrimonial, 1/3 transactional real estate and 1/3 intellectual property litigation (cause I got very, very lucky and picked up some pretty interesting clients).

What types of cases does your wife hear?