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Full-Text Articles in Law
Self-Interest, Public Interest, And The Interests Of The Absent Client: Legal Ethics And Class Action Praxis, Jasminka Kalajdzic
Self-Interest, Public Interest, And The Interests Of The Absent Client: Legal Ethics And Class Action Praxis, Jasminka Kalajdzic
Osgoode Hall Law Journal
Are existing ethical norms adequate to address the realities of class proceedings? In this article, the author explores the premise that current rules of professional conduct are effective when applied to class action praxis. In Part I, she discusses the peculiar features of class proceedings and how they create unique challenges to the ethical conduct of litigation. In Part II, the author confronts a fundamental (and often overlooked) question: Who is the client in a class proceeding to whom ethical duties are owed? Having identified the range of judicial and academic views on the unique dimensions of class actions, she …
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Osgoode Hall Law Journal
This article situates the action in ADR theory by viewing it as a hybrid process that draws on both the command and consensus portions of a rational dispute resolution continuum. Class action legislation does this in a number of ways, the most important being the scope it gives to courts to approve or disapprove class settlements that have been privately negotiated by defence and class counsel. The rationale is to protect the interests of absent class members and ensure that the legislative goals of class actions-access to justice, judicial economy and behaviour modification-are well served. Class actions can thereby render …