The Sparacino Law Firm, the attorneys accused of attempting to procure clients while the lawyers for Cung Le and other former fighters has filed a motion with the District Court telling its side of the story and requesting that it continue to seek clients for the case.
The firm says in its legal filing it currently represents 15 fighters in the ‘Bout Class’ of fighters that were certified to litigate its antitrust claims as a class. Judge Richard Boulware issued an order granting class certification of the group of former fighters that claimed that the fight promotion used anticompetitive means to suppress wages and eliminate competition so that there would be no alternative.
The attorneys for Le accused multiple firms of attempting to solicit clients inappropriately.
One law firm, Scott+Scott, decided to bow out of attempting to solicit clients after the lawyers for Le threatened the company.
Sparacino obtained an opinion from a legal ethics professor which indicates that the firm did nothing inappropriate in soliciting clients when it did. The professor refers to the ABA Rules of Model Rules and Rules of Professional Conduct 4.2 which govern the ability to contact represented individuals in litigation. Further, the professors notes that it was the Le attorneys which were inappropriate in attempting to dissuade other law firms.
Sparacino cites multiple cases which argue it was fair to contact potential members of the class.
Sparacino requests the Court that it be allowed to contact potential class members until there is a cutoff for an “opt-out” period. This would be a time where those fighters that fit within the class have been contacted and have decided to retain their own lawyers or go with the default appointed lawyers (Le lawyers) in the case.
In its filing, it requests several things from the Court including an investigation into Class Counsel’s acts and publicly revealing them and the possibility of sanctions.
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