Professor Richard Zitrin has published a law review article suggesting improved ethical rules to guide attorneys who represent large numbers of individual plaintiffs in mass torts.
Cases in which lawyers represent large numbers of individual plaintiffs are increasingly common. While these cases have some of the indicia of class actions, they are not class actions, usually because there are no common damages, but rather individual representations on a mass scale. Zitrin writes that current ethics rules do not provide adequate guidance for even the most ethical lawyers.
The article, Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform, 3 St. Mary’s J. on Legal Malpractice & Ethics 86 (2013), is available through SSRN.