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Your responsibilities as a class representative

The supposed strength in numbers that comes from being involved in a class action lawsuit may be one of the primary reasons why you choose to become involved in such litigation. Yet you can quickly go right back to feeling all alone in your struggle if you are asked to be a class representative. Many of those placed in such a situation come to us here at The Grubb Law Group feeling woefully unequal to the task. With the right amount of planning and preparation, however, you can successfully serve the best interests of your fellow class members. 

Technically, there are only a couple of requirements that have to be met for you to serve as a class representative. According to the Federal Rules of Civil Procedure (as shared by the House Committee on the Judiciary), these include your claim being typical of that of other class members, as well as you being judged adequate and capable of representing the class. "Adequate and capable" is often a subjective term. You may be judged so simply because you are only member of the class willing to be present during proceedings. You should be ready, then, for the defendant in your matter to test your capabilities. 

Typically, opposing parties will attack your adequacy as a class representative by trying to expose the following: 

  • Disagreements between you and your fellow class members
  • Your lack of knowledge regarding the general facts of the case
  • Inconsistencies in your statements
  • Supposed flaws in your character and credibility 

You can prepare for such challenges by thoroughly researching your case's subject matter, reviewing depositions, communicating frequently with class members, and being transparent in your actions relative to the case. More information on representing others in a class action lawsuit can be found here on our site. 

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The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
Fax: 304-345-3355
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