In order to meet the requirements of due process, a class representative must be “adequate” and able to represent the class of individuals that may be bound by the judgment rendered in a class action. And class counsel, in turn, must not suffer from conflicts and must demonstrate that he or she is capable of adequately representing the class. Because fee agreements are not typically subject to the attorney-client privilege, does that mean that defendants – in a class action – can obtain in discovery a copy of the fee agreement between the putative class representative and class ...
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