I have been asked if I would be willing to be a class representative in a class action case. If I agree, what are my duties and responsibilities?
Class representatives in a class action not only represent themselves, but must also adequately and properly represent the interests of the other members of the class in both the money to be paid out and the changes that are to be made by the employer in the way it does business (called injunctive relief). Class representatives can not use their position to pay themselves more money or to obtain more rewards for themselves at the expense of the class.
Class Representatives are generally required to help with the discovery conducted in the case, including answering written questions asked by the defendant (called interrogatories) and providing answers to questions under oath before a court reporter (called a deposition). Additionally, although many law firms now pay the actual litigation costs, a class representative must be prepared to pay his or her percentage of the costs of the litigation if called on to do so.
As a result, even if your case is being handled on a contingency basis, you generally will be required to pay some amount of money to be held in trust toward the costs of the case. This money will be refunded to you if you win or settle the case. Class representatives may also be required to travel at their expense to the place where the lawsuit was filed, the corporate headquarters, or some other mutually convenient location to have their deposition taken, and if the lawsuit is lost, could be held liable for their percentage of the costs of litigation.