EFTA00037144.pdf

381 KB

Extraction Summary

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Document Information

Type: Legal advisory / client representation agreement page
File Size: 381 KB
Summary

This document appears to be page 2 of a legal advisory or retainer agreement provided to clients in a sexual abuse lawsuit. It details the strategic arguments for and against joining multiple plaintiffs in a single case, citing credibility benefits versus the risks of 'diluting' strong cases or losing individual control. The document specifically references child sex abuse cases and uses the Bill Cosby case as an analogy for the power of multiple accusers.

People (1)

Name Role Context
Bill Cosby Example Reference
Mentioned in reference to a New York Magazine article about multiple accusers to illustrate the power of collective s...

Organizations (2)

Name Type Context
New York Magazine
Publisher of an article referenced in the text regarding Bill Cosby's accusers.
The Firm
The unnamed law firm providing this document to a client, discussing their representation strategy.

Relationships (1)

Law Firm Legal Representation Client
Document discusses 'our Firm' and advises the reader ('you') on legal strategy.

Key Quotes (4)

"our Firm has generally recommended against class action lawsuits in child sex abuse cases, at least as to damages."
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EFTA00037144.pdf
Quote #1
"having multiple plaintiffs in the same case makes it easier for the judge to see why the evidence should be admitted."
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EFTA00037144.pdf
Quote #2
"joining together in one case puts everyone's 'eggs in one basket.'"
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EFTA00037144.pdf
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"defendants are more likely to lack credibility with a jury... when arguing they should not have realized victims were in danger in the face of overwhelming evidence that multiple victims were being abused by the same person(s)."
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EFTA00037144.pdf
Quote #4

Full Extracted Text

Complete text extracted from the document (3,169 characters)

story, it will be very hard to argue that everyone's story is untrue. (For a good example, read New York Magazine's 'I'm No Longer Afraid: 35 Women Tell Their Stories About Being Assaulted by Bill Cosby, and the Culture That Wouldn't Listen https://tinyurl.com/35CosbyAccusers).
Furthermore, if the jury hears multiple cases where the abuse survivor failed for many years to fully confront the effects of the abuse, it will help them understand that common phenomenon. Likewise, defendants are more likely to lack credibility with a jury, for example, when arguing they should not have realized victims were in danger in the face of overwhelming evidence that multiple victims were being abused by the same person(s). Lastly, the stronger a case becomes, the more likely the defendant will agree to a reasonable and early settlement.
If you decide not to join forces with other plaintiffs, we will still try to offer evidence from other abuse survivors for the reasons described above, but the defendant(s) will most likely vigorously try to exclude that evidence. On some level, having multiple plaintiffs in the same case makes it easier for the judge to see why the evidence should be admitted.
REASONS AGAINST JOINING MULTIPLE PLAINTIFFS IN THE SAME CASE
It is possible that a weak case or unsympathetic plaintiff will drag down other stronger cases or more sympathetic plaintiffs. No two cases have the same value, same losses, or same damages, which is why our Firm has generally recommended against class action lawsuits in child sex abuse cases, at least as to damages. Thus, a person with a particularly strong case may not want his or her case "diluted" by weaker cases. In addition, joining together in one case puts everyone's "eggs in one basket." Although juries are instructed to consider each case on its own merits, something bad about one of the plaintiffs could negatively affect all of the plaintiffs.
In addition, each plaintiff loses some measure of control over their individual case and over the aggregate costs. While you always have the right to decide whether to resolve your case, such as whether to accept a settlement or whether to go through a jury trial, some procedural decisions will likely have to be made by a vote. There may be many such decisions during a case and there may be possible disagreement and hurt feelings. You must agree in advance to participate in joint decision making and to abide by decisions that you might not agree with.
In addition, there is always the risk that a jury might have difficulty keeping the facts straight if it hears evidence about multiple plaintiffs in the same case.
Lastly, when you join with other plaintiffs, it is possible that the resolution of your case might be delayed by a development in one or more of the other cases.
OUR REASONS FOR REPRESENTING MULTIPLE CLIENTS
One advantage of representing multiple clients is that the work of our Firm will benefit multiple people at the same time. For example, we often spend considerable time and resources working to find evidence to hold the defendant(s) liable for what our clients endured. Similarly, we often find
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EFTA00037144

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