RIGHTS AND RESPONSIBILITIES
OF A POTENTIAL CLASS REPRESENTATIVE
Hagens Berman is investigating the filing of a case against BMW relating to i3 REx model electric cars containing a defect that causes them to suddenly and without warning lose speed and power mid-drive. We are reviewing your file and information in order to determine whether to file a new case with you as a class representative. In the event we proceed on your behalf, to assist you in understanding your role as a class representative, we briefly set forth below a description of your responsibilities. Please contact us at any time to further clarify any of these points or if you have any questions whatsoever.
You will be suing as a Class Representative
. As such, you would represent the interests of all class members who have been affected by the challenged conduct. In this case, the class consists, roughly speaking, of all persons in the United States who purchased or owned a BMW i3 REx.
Duty as a Class Representative.
As a class representative, the Court requires that you will adequately and fairly represent the class. This is your duty. Here is how you are expected to accomplish that duty:
You must be generally familiar with the litigation.
(1) This does not mean you must know every aspect of this litigation. We will keep you informed of major events, and this will satisfy your duty. You should read the complaint and understand it generally. You should know who the parties are. You should know why you are suing.
(2) You may and should confer with us at any time you feel it is appropriate to do so.
You must vigorously prosecute the litigation.
This basically means you will authorize your attorneys to do what is necessary to successfully prosecute this case on behalf of the class. We will vigorously pursue this case.
You must hire lawyers experienced in class action litigation.
Your lawyers have national experience in class actions. Your lawyers have participated in numerous consumer products case, including vehicle cases, with aggregate recoveries in the billions of dollars.
Preservation of Documents.
You must preserve all of your documents and evidence that are related to this case until it has concluded or your counsel informs you otherwise. Those documents and evidence include any information you have, no matter how it is recorded, including not only “paper” records but any e-mail or other types of computer data that are stored on hard drives, CDs, DVDs, floppy discs, or the like. They also include any documents that someone else is keeping for you. If you have any questions about whether information that you have should be retained, ask your lawyers at Hagens Berman Sobol Shapiro.
Responsibility for Costs.
Costs are such items as filing fees, photocopies, transcript costs, and the cost of notices if necessary. All costs are being advanced by Hagens Berman.
Notice to the Class.
We will undertake this task on your behalf and we will be responsible for all associated costs. Notice is usually accomplished by mailing a copy to identifiable class members and publishing a copy in newspapers.
No Special Treatment.
You have not been promised any special treatment above the treatment which may be awarded to other class members. If successful in the Class Action, we will probably ask the judge to award you additional compensation for the extra time and effort you expend as a class representative and for having the courage to challenge defendant’s conduct. We cannot guarantee the judge will award additional compensation or the amount of such compensation.
You Do Not Have a Duty to Investigate or to Be an Expert.
As an intimidation tactic, the defendant may ask you in a deposition what investigation you have undertaken to fulfill your duty as a class representative. You have no such duty personally—that is why you have hired experienced lawyers. We have conducted a thorough investigation and you have fulfilled your duty by relying on us to do so. We will and have discussed with you our investigation. Nonetheless, it is a good practice for you to familiarize yourself with the allegations in the Complaint and to read our reports to you.
Our fees (payment for our time) must be approved by the Court and are dependent upon a recovery. You will be provided with notice of our fee request, and you will have the opportunity to discuss it with us and object to our request if you choose to do so. Whether or not we are successful in this litigation, you will not be obligated for any of our attorneys’ fees. In the unlikely event the Court were to award the defendants’ fees or costs, we will pay these.
At the end of the litigation, in the event the Court awards attorneys’ fees, counsel for plaintiffs will allocate the fees among those counsel participating in the litigation, based on factors such as compensable time spent working on the litigation and importance of contribution to the successful outcome.This allocation will not increase the total amount of fees.
If this case settles and does not go to trial, the settlement must be approved by the Court. You are entitled to object to the settlement if you do not agree with our recommendation to settle. We will consult you before recommending a settlement.
In prosecuting a class action, all of our actions are subject to judicial approval, and courts take that approval seriously. Thus, we are subject to scrutiny that other lawyers, including defendants’ counsel, never receive. This should provide you comfort that our actions will be of the highest professional caliber.
Limited Waiver of Attorney-Client Privilege.
You agree that Hagens Berman Sobol Shapiro LLP may disclose solely to other class representatives or class members who retain Hagens Berman Sobol Shapiro LLP your client confidences or secrets regarding proposed or actual compensation to you in connection with this case, to the extent necessary to serve the best interests of the class and to prevent Hagens Berman Sobol Shapiro LLP from having a conflict of interest between class members. Hagens Berman Sobol Shapiro LLP is obligated to maintain your client confidences or secrets with regard to all other persons and, with regard to other class members, as to all other disclosures. At the time of settlement or resolution of this case, the terms of any individual settlement or compensation will have to be disclosed to the court and to all other class members, and you agree to this disclosure as a condition of your representation by Hagens Berman Sobol Shapiro LLP.
Denial of Class Certification.
If class certification is denied, or the Class once certified is later decertified, we do not have an obligation to represent you in your individual claim unless we enter into a separate retainer agreement with you. Likewise, if we are unable to pursue a class claim on your behalf, we do not have an obligation to represent you in your individual claims unless we enter into a separate retainer agreement with you.
The following is a list of the names, addresses, and roles of the attorneys who are representing your interests in this case:
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Additional counsel may be associated with this litigation. We will contact you should that become advisable.