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Expert Analysis

Between Counsel And Class Members, Silence Is Golden

By Thomas Dickerson ( September 28, 2017, 11:39 AM EDT) -- A simple and reasonable ethical rule is to prohibit all communications with members of a class, both pre- and post- certification, by plaintiffs' and defendants' counsel unless approved by the court. Such a rule promotes the integrity of the class action device and assists the court in fulfilling its fiduciary duty to protect the members of a proposed or certified class action (Dickerson, Class Actions: The Law of 50 States, Section 4. 06, Law Journal Press (2017)). . . .

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