Class Actions and Ex Parte Communications: Can We Talk

The subject of ex parte communications with class members is a murky one. Here the rules of civil procedure and professional responsibility overlap as in no other area, and case law is relatively scarce. Insofar as class actions are litigated in federal courts, another problem is that many of the decisions on this subject are district court decisions, which lack precedential force. In sum, lawyers’ need for guidance in this area is significant and seems destined to grow in importance as class action litigation continues to spread.