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Sometimes in class action lawsuits a part of the settlement fund or judgment cannot be distributed to some of the members of the plaintiff class or intended beneficiaries for any number of reasons. In those situations, the court is faced with the issue of how to best disburse the remaining money in the common fund. Courts solve this problem by making “cy pres” awards, which distribute the unclaimed funds to their next best use.

A cy pres award to the Campaign for Equal Justice, which will benefit the more than 20 civil legal aid programs throughout the state of Washington, often times is an ideal fit for the unclaimed funds left in a class action suit. Every class action itself is about access to justice as a method of grouping people together when, as individuals, they cannot meaningfully pursue their claims in the courts. Directing residual class action funds to support civil legal aid programs that exist to provide access to justice for low-income people makes perfect sense given the underlying principle of the cy pres doctrine.

Cy pres distributions provide our state’s civil legal aid programs—the Alliance for Equal Justice—with much needed funding for free legal services for low income families and individuals with urgent legal problems. Access to legal help returns families to safe, productive lives and preempts a costly spiral of social problems by reducing homelessness, unemployment, deficient healthcare, domestic violence, and loss of livelihood.

Cy pres funds also provide the venture capital that allows the Alliance to create new community collaborations to expand legal aid services in under-served areas, like Moses Lake, Washington. Since 2005, more than 30 cy pres distribution awards have been directed by counsel to LAW Fund and the Campaign for Equal Justice to expand legal aid services throughout Washington state. Please note: For class action lawsuits filed in Washington State Court, CR 23 prescribes that an amount of no less than 25% of the remaining funds be directed to support activities or programs that support access to the civil justice system for low-income residents in Washington State. For further guidance, please refer to: www.courts.wa.gov/court_rules/court_rules/RULE CR 23

Contact Campaign for Equal Justice staff for further information: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.  or 206.623.5261.