Absent Class Members: Are they Really Absent? The Relationship Between Absent Class Members and Class Counsel with Regards to the Attorney-Client and Work Product Privileges

Authors

Mindi Guttmann, Benjamin N. Cardozo School of Law

Abstract

The note argues that absent class members in class action litigation do not have the same attorney-client or work product privileges as traditional clients due to the fundamentally different nature of their relationship with class counsel. It critiques the ambiguity in defining "client" and proposes clearer distinctions to address judicial confusion and ensure effective legal representation while protecting sensitive information.

Disciplines

Evidence | Law | Securities Law

Recommended Citation

Mindi Guttmann, Absent Class Members: Are they Really Absent? The Relationship Between Absent Class Members and Class Counsel with Regards to the Attorney-Client and Work Product Privileges, 7 Cardozo Pub. L. Pol’y & Ethics J. 493 (2009).
Available at: https://larc.cardozo.yu.edu/cplpej/vol7/iss2/7