81-F-7 - Class Action

 

BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE

FORMAL ETHICS OPINION 81-F-7

 

This Ethics Committee of the Board of Professional Responsibility of the Supreme Court of Tennessee has been requested to consider the propriety of a lawyer who represents several plaintiffs, purchasers of a type of motor home with design defect, contacting other purchasers to join in litigation under the Magnuson-Moss Consumer Warranty Act, a requirement of which is 100 named plaintiffs for certification as a class, which would confer on purchasers the right to have attorneys' fees and litigation expenses assessed as part of damages against the defendant.

It is the opinion of the Committee that a lawyer shall not recommend employment as a private practitioner, of himself, his partner, or associate to a non-lawyer, nor shall a lawyer request another to recommend his employment; however, a lawyer may accept but shall not seek, employment from those contacted for the purpose of obtaining their joinder, if success in asserting rights or defenses of his client in litigation in the nature of a class action is dependent upon the joinder of others.

This 4th day of June, 1981.

ETHICS COMMITTEE:

Randall Burcham
W. H. Lassiter
George E. Morrow


APPROVED AND ADOPTED BY THE BOARD