At Last -- Class Action Notices in Plain English; Federal Judicial Center, Hilsoft Notifications Scrap Legalese for Clear, Concise Language.

Business Editors/Legal Writers

PHILADELPHIA--(BUSINESS WIRE)--Jan. 30, 2003

Hilsoft Notifications Collaborates with Federal Judicial Center on Illustrative Plain Language Class Action Notices.

A new initiative, showing how class action notices can be written in clear, simple language, is expected to benefit federal courts, attorneys and the millions of people included in class actions annually. Hilsoft Notifications announced today that the results of its collaboration with the Federal Judicial Center (FJC) on the development of illustrative 'model' class action notices are now available on the FJC website at www.fjc.gov.

A pending revision of Federal Rule of Civil Procedure 23 calls for concise, clear notices written in plain, easily understood language. As a result, the FJC was charged with developing model notice forms to assist federal courts and attorneys litigating class action cases. Collaborating with Todd B. Hilsee, president of Hilsoft Notifications, Philadelphia, and Dr. Terri R. LeClercq of the University of Texas School of Law, the FJC sought notices exemplifying the rule change to become effective December 1, 2003. The rule change could still be rejected by the U.S. Supreme Court prior to May 1, 2003 or by the U.S. Congress prior to December 1, 2003.

The FJC's Robert Niemic, along with Thomas Willging and Shannon Wheatman of its research division, had developed a substantial body of data on the growing need for simple language to communicate with class members in federal class actions. The FJC had also developed initial drafts of notices, conducted research on them and received feedback from reviewers.

Willging of the FJC commented, "We received a wide range of comments from outside reviewers including Mr. Hilsee, the American Bar Association and many others. Todd and Terri volunteered to help us take our drafts to another level--to write and design not only clear and readable notices, but notices that draw attention and encourage readership." Hilsee noted, "People deserve to understand their rights in lawsuits brought or settled on their behalf. The Supreme Court long ago directed those notifying to act as if they truly wanted inform people. Getting people's attention and writing notices clearly and simply goes a long way toward fulfilling that mandate."

In testimony before the Advisory Committee on Civil Rules of the Judicial Conference of the United States, Hilsee said that class action notices must reach people, and be designed to be noticed as well as understood by recipients.

At a January 22, 2002 hearing, Advisory Committee member Judge Lee Rosenthal said to Hilsee, "I want to tell you how much we collectively appreciate your working with the Federal Judicial Center to improve the quality of the model notices that they're developing. That's a tremendous contribution and we appreciate that very much...you raised three points that are criteria for good noticing, and I was interested in your thoughts on how the rule we've proposed could better support the creation or insistence on those kinds of notices."

Included in the new models are detailed notices for mailing or website posting, samples of the outside of mailings, and summary notices suitable for publication and other means of distribution. The FJC's sample cases include settlements of a products liability case involving asbestos exposure and a securities case. Additional notices, including one for a sample employment case, are being developed.

Hilsee said, "The notices include headlines to capture readers' attention, images to help them determine their status when appropriate, and a seal that federal courts can use to encourage recipients to recognize and read a notice."

About Hilsoft

Hilsoft Notifications is a leader in class action notice and bankruptcy bar date notice programs. The company has planned, written, designed, implemented, and analyzed notices for more than 125 class actions and bankruptcies, placing notices in 53 countries and 36 languages. A leading advocate for clear and noticeable notices, Hilsoft's major national and international cases have included holocaust restitution, asbestos claims, tobacco, home and building products, tire layer adhesion, antitrust, fraud, as well as alleged race discrimination and others. Hilsoft Notifications' court-approved notice programs have withstood appellate challenges, including to the U.S. Supreme Court. Hilsee was the first notice expert recognized in Canada under the Ontario Class Proceedings Act of 1992. Hilsoft Notifications can be reached at 215-721-2120, or on the Internet at www.hilsoft.com.