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.
W. H. Lassiter
George E. Morrow
APPROVED AND ADOPTED BY THE BOARD