Our role in class actions

The Role Lawyers Play

Class actions are socially beneficial to consumers and help to achieve goals of access to justice and deterrence of reprehensible behavior. In order to promote protection of consumers’ interests, plaintiffs’ lawyers may, and in our opinion in some cases must, play a proactive role in the prosecution of class actions, while ensuring that the quality of representation by the the class representative remains unaffected.

Their Remuneration

Lawyers who represent members of a class action generally agree to be paid only in the event of success. Their fees are then deducted from the amounts collected by class members according to a percentage previously agreed upon with the class representative. This percentage must, in all cases, be approved by the court, who must be convinced of its fairness and reasonableness. In the event of failure of the class action, the lawyers do not ask for any payment from class members, and assume these risks alone. As a consequence, this remuneration formula of class action lawyers ensures that the small size of individual claims, the important costs of litigation and the limited financial means of class members do not prevent class members from asserting their rights before the courts.

In the event of a successful class action and compensation of class members, the latter all contribute to the remuneration of the lawyers along the same percentage approved by the court. Before this final stage, class members generally have no money to advance.

Class members all benefit from the services of the lawyers who represent them in the context of a class action. These lawyers are required at all stages of the case to act in the best interest of class members, under the court’s supervision.

Class members thus do not need to retain the services of an additional lawyer. Class action lawyers know their case and are able to protect the interests of class members better than anyone else.

Moreover, if a class member retains the services of an individual lawyer, this class member will have to pay this lawyer in addition to his participation in the remuneration of class action lawyers. The class member, in this situation, would thus pay higher fees than other class members. For these reasons, barring exceptional circumstances, hiring an individual lawyer is not in the best interest of class members.

A class member solicited by a lawyer to represent him individually in a class action should, before hiring this lawyer, consult the class action lawyers to discuss whether this mandate is in this class member’s best interest.

Why Do Business with TJL?

Our law firm is specialized in class actions and we have practiced in this field for more than thirty years. We are currently conducting more than 20 class actions. Our firm has been successful in several large class actions on behalf of several hundred thousand class members. To view our important judgments, click here.

If you have any questions about class actions in general or a specific class action, do not hesitate to contact us: info@tjl.quebec.

Thank you.