The person that files a case seeking class treatment is usually asked to serve as the Class Representative. No special training is required to serve as the Class Representative.  However, the Class Representative is agreeing to cooperate throughout the case and do work that the putative class members will not have to do. The Class Representative may need to produce documents that relate to the lawsuit and testify under oath at a deposition.  Of course, a Class Representative would be asked to do these things in an individual lawsuit, so the agreement to serve as a Class Representative usually does not greatly increase the overall amount of effort. The single most important duty of the Class Representative is their promise to stand up for the best interests of class members.  For example, a Class Representative must resist the temptation to accept a settlement offer that provides benefits to the Class Representative and nothing to the other class members.  In short, a Class Representative must come forward, have an interest in correcting injustice, and remain loyal to the interests of other members of the class.

The law governing class actions is complex. This summary is not comprehensive.  Instead, it provides a basic overview of class actions.  This summary is for informational purposes only and does not constitute legal advice. Please read our disclaimer for additional important information about this web site.

Last updated on November 25, 2009 by Ira Spiro