Ted Deutch: “The right to choose one's own counsel is a basic right in our democracy. This is a right that is a foundation of a fair…”

“The right to choose one's own counsel is a basic right in our democracy. This is a right that is a foundation of a fair and impartial judicial system. Having the right to choose one's own attorney ensures that a person can hire an attorney who will best represent their interests and protect their rights in the judicial process. H.R. 985, the Fairness in Class Action Litigation Act, undermines this basic right by requiring a court to deny any class action certification based solely on a proposed class representative or named plaintiff being represented by a family member. The bill provides no discretion to the court and no exceptions. The bill uses an expansive definition that includes not only immediate family members, but extended parts of a family tree by blood and marriage. Such a broad definition is an unfair restriction on the right to an attorney of one's own choosing. Previously, the manager's amendment modified this provision but did not relieve these concerns. Such broad, blanket assumptions about family relationships fail to recognize the importance of trust and expertise into the attorney-client relationship. In many instances, a family member will best represent their interests in court or could have specialized training and experience relevant to the case, yet the language in this bill does not provide for any discretion or any exceptions.…”