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Re: I'm totally confused

April 25, 2017 08:31AM
The attorneys that represented the class can represent individual members who opt out of the class. I just finished a case where the attorneys who prosecuted the class action were representing some of the opt out individuals but referred the case to us for doing stuff for them on another matter. So yes it can be the same attorney(s)

It always takes time because the defendants don't like to be held responsible and fight to the death-or until a reasonable and just settlement is reached.

Good practice is for the attorney to give the client all the options including the risks. An attorney can "recommend" a class member opt out but cannot control the decision. That is up to the client. Many cases opt out because the individual facts are stronger than the other members in the class and thus the recoverable damages may be far greater. Of course in that case there is the risk of losing and not recovering anything. If a lawyer recommends opting out he should advice the client why and what the risks are so that the client can make an educated decision.

Once you opt out you are out and if you lose you will be unable to get the same deal as the class members.
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