A Friendly Reminder: The BAR/BRI Proof of Claim Deadline Is Monday!
Attention young lawyers. We interrupt your regularly scheduled programming to bring you this important announcement:
If you purchased a bar review course from BAR/BRI anywhere in the United States anytime from August, 1997 through July 31, 2006 (the “Class”), you may be affected by a settlement of a class action lawsuit pending in the United States District Court for the Central District of California called Rodriguez, et. al v. West Publishing Corp., d/b/a BAR/BRI, and Kaplan, Inc., Case No. CV-05-3222 R (MCx).
Okay, you already knew about that -- and we wrote about it before too. But here's the important part: the deadline for filing a Proof of Claim is this coming Monday, September 17, 2007. So if you chucked that form into a big "to deal with later" pile, just like we did, you need to fish it out over the weekend.
More discussion, after the jump.
A tipster summarizes the situation nicely:
If you paid directly (i.e., not your firm paying for you), you'll get back about $120, but all refund requests must be postmarked by 9/17. You can call their number to see if you're on the list, but you got to sit through a boring 3 minute message before you can get operator.Not so great for Biglaw associates, but better for govt employees or maybe small firms where they didn't get reimbursed.
From another correspondent:
Many of us received our class action settlement claim forms from BarBri [earlier this year]. You are meant to submit your name and information so they know where to send you the $125 each class member can claim.Now, at most big law firms, the firm either pays up front for the BarBri course, or reimburses the associates for the costs. Those associates on their ethical high-horses think the whopping $125 should go to the firm, and plan to either ask the firm or just give them the money. However, the money-grubbing associates are screaming at them not to rock the boat. Also, there is an option on the class action claim form where you can choose to have your portion donated.
This person suggested a reader poll. Here it is:
What did we do? We alerted our former firm of the settlement and asked what to do (but they never responded).
That might be the most prudent approach. If you aspire to appointive or elective office, might they look into whether you claimed and kept the BarBri money, even though your firm paid?
BAR/BRI Class Action Litigation [official website]
Earlier: Breaking: You Are Probably $125 Richer Right Now
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ADDENDUM
How are firms, who paid for many Bar/Bri courses or reimbursed associates for them, handling this? We discussed Alston & Bird's response here. We reprint below an email outlining how V&E is dealing with the situation.
From: Johnston, Jeff
Sent: Friday, September 07, 2007 6:19 PM
To: All Attorneys - Domestic
Cc: Harris, Patty; Sims, Stacy; Marinis, Thomas; Armstrong, Tim
Subject: BAR/BRI Class Action Settlement
Many of you have received claim forms related to the BAR/BRI class action settlement. BAR/BRI has been sued for allegedly violating the antitrust laws in connection with its bar review courses. That litigation has been settled and all persons who purchased a bar review course from BAR/BRI between August 1, 1997 and July 31, 2006 are entitled to make a claim for a portion of the settlement funds.
The firm is preparing to make a claim for the amounts it paid to BAR/BRI during the class period for bar review courses attended by incoming firm lawyers. Therefore, if the firm paid BAR/BRI directly for your bar review course, you should not make an individual claim. However, according to the claim rules posted at www.barbri-classaction.com, if you paid BAR/BRI directly, and were later reimbursed by the firm, you are entitled to make a claim against the settlement funds; the firm cannot make the claim even though it ultimately reimbursed you. If you are not sure whether the firm paid BAR/BRI directly for your bar review course, you can contact Stacy Sims at xxx-xxx-xxxx.
For those who paid BAR/BRI directly and are interested in making a claim, the claim forms can be found at www.barbri-classaction.com. If you choose to make a claim, and were reimbursed by the firm for your BAR/BRI expenses, we encourage you to either utilize the option of donating your settlement funds to the National Legal Aid and Defender Association or to tender any amounts received in settlement to Tim Armstrong, the firm’s chief financial officer. Please feel free to call me at xxx-xxx-xxxx or Tom Marinis at xxx-xxx-xxxx with any questions.
Jeffrey S. Johnston
Vinson & Elkins LLP
Comments
first?
Posted by: Anonymous | September 14, 2007 12:30 PM
guess so! How much do you guys think everyone will get? I have heard everything from $100 to $900. I think it will be closer to $100.
Posted by: Anonymous | September 14, 2007 12:31 PM
That settlement is a disgrace- the plaintiff class was sold up the river by the named plaintiffs and MW, a law firm that had no biz being the lead counsel. But I’ll take the money and run.
Posted by: round of shots on me | September 14, 2007 12:35 PM
MoFo sent out a mass email saying that the firm does not intend to assert its rights over the BarBri settlement, and that associates are welcome to keep any amounts they get from the settlement. (Like most firms, MoFo pays its incoming associates a lump sum for bar review, and didn't pay BarBri directly.) Pretty chintzy of V&E to direct its attys to "tender any amounts received" to their CFO.
Posted by: exmofoer | September 14, 2007 12:39 PM
if you sent in your stuff, do you get a confirmation notice of any sort?
Posted by: question | September 14, 2007 12:45 PM
V&E one-upping BB. BB sent an email saying associates who were reimbursed have to file and that the firm wants every last cent back. I don't understand how they expect to enforce that so whatever.
Posted by: Anon | September 14, 2007 12:47 PM
So if the claim deadline is Monday, I should expect my check in about 3-5 years?
Posted by: Anonymous | September 14, 2007 12:50 PM
The allocation plan states "[n]o award shall be greater than 30% of any Recognized Claim." Any leftover money (I'm sure of it) to be distributed on a cy pres basis. I paid about 2600 so the most I expect is 780. Probably I'll get a check for 34.53 and splurge at Olive Garden.
Posted by: Anon | September 14, 2007 12:51 PM
Did Skadden email associates with how to handle this? I have not filed a claim because they paid for my Bar/Bri fees.
Posted by: Skadden Alum | September 14, 2007 12:51 PM
Dude, I have better things to do with my time (like maintain my billables) rather than fill out paperwork for a $25 rebate.
I WIPE my ass with $20s.
Posted by: NYC to $190K! | September 14, 2007 12:52 PM
My firm considered the amount of BarBri and such in awarding my signing bonus, but there was nothing specific...so I think I deserve to drink the money away.
Posted by: Anonymous | September 14, 2007 12:53 PM
Please don't file. Then there will be more in the common fund for the rest of us to share!!! Drinks on Barbri.
McQuire Woods sold out the class for their 40 shekles. Desner was right.
Posted by: Don't file a claim | September 14, 2007 01:07 PM
Please don't file. Then there will be more in the common fund for the rest of us to share!!! Drinks on Barbri.
McQuire Woods sold out the class for their 40 shekels. Desner was right.
Posted by: Don't file a claim | September 14, 2007 01:07 PM
Please don't file. Then there will be more in the common fund for the rest of us to share!!! Drinks on Barbri.
McGuire Woods sold out the class for their 40 shekels. Desner was right. Real is a hack.
Posted by: Don't file a claim | September 14, 2007 01:08 PM
If the firm paid for the course, the firm should get the refund. Why is this difficult for people to understand? When did not stealing become getting on one's "ethical high horse"? Anyone who works at a firm that paid for BAR/BRI is compensated generously enough that there ought to be no temptation to steal $125.00.
Posted by: Anonymous | September 14, 2007 01:12 PM
As for the people saying "don't rock the boat" by returning the money to the firm, I'm reminded of the "Seinfeld" when Jerry tells George, who wants Jerry to play along with a ruse that they are gay for the benefit of an N.Y.U. reporter, "I'm not going along. I can just see you in Berlin in 1939 goose-stepping past me: 'C'mon Jerry, go along, go along...'"
Posted by: 1:12 (continued) | September 14, 2007 01:16 PM
i'm assuming that in the cases of those whose firms "paid for Bar/Bri," those payments were made directly to B/B.
my firm cut me a summer stipend check, but it was up to me how to spend it. i could (should?) have used it on hookers and blow, just as long as i passed the exam (now that i think about it, i don't know how much difference it would have made). they also haven't made a peep about the settlement. so i'll be enjoying my $120 at some future HH.
Posted by: Anonymous | September 14, 2007 01:39 PM
Does anyone know how to find out how much the courses cost by state in a particular year? I don't have a record of how much I paid.
Posted by: Anonymous | September 14, 2007 01:40 PM
call the claims admin number; provide your name, and they'll tell you. i did it yesterday; takes 5 minutes.
Posted by: Anonymous | September 14, 2007 01:46 PM
BarBri to $130!
Posted by: Anonymous | September 14, 2007 01:48 PM
1:12, thank God, I am not the only one in the world who cannot comprehend why people would even think it is acceptable not to offer the money back to the firm that actually paid it. (Whether they accept is their business, and another story).
Posted by: Anonymous | September 14, 2007 01:49 PM
Does anyone remember how much BarBri cost for the July 2004 New York course?
Posted by: Anon | September 14, 2007 01:59 PM
The question you have to ask yoruself, especially if you negotiated your benefits to include BARBRI, did the firm agree to compensate you in the amount of the class or did it agree to compensate you with a class? If it is the former, the money should be yours. If it is the latter, then it is theirs.
Posted by: Tom | September 14, 2007 02:08 PM
My firm counted the $ paid to Bar/Bri as compensation, not as a straight reimbursement. I was taxed on the $ paid to Bar/Bri and thus any refund is staying in my hot little pocket.
Posted by: In the Hat | September 14, 2007 02:14 PM
You have to call the 800 number and find out how much YOU actually paid for the course - everyone is different. (I, for example, was given a $200 "scholarship" b/c I was head to a govt position.)
Posted by: wtf | September 14, 2007 02:14 PM
AHHH! What if I don't know where I put it????
Posted by: I Need MONEY! | September 14, 2007 02:15 PM
You can look it up on Google. Type in "BarBri Settlement."
Posted by: wtf | September 14, 2007 02:28 PM
WTF . . . don't be an ass.
Posted by: Anon | September 14, 2007 02:39 PM
To I Need Money, you can get the claim form at:
http://www.barbri-classaction.com/barbri/docs/barbri%20Claim%20Form.pdf
Posted by: Anonymous | September 14, 2007 02:39 PM
the 800 number has been busy for the past month when I've tried to call to find out how much I paid. Anyone remember what the 2003 California bar cost? I'm thinking it was around $2500. And I didn't have a firm paying for it...
Posted by: anon | September 14, 2007 02:43 PM
800 number is busy for me too. 2006 Ohio course? Anyone?
Posted by: Bueller? Bueller? | September 14, 2007 03:04 PM
RE who collects, the student or the firm that paid for BarBri, here's the answer: Whoever paid. I had to call and ask because I took the bar in one state for which my firm paid for BarBri, and then 2 years later and took that state's bar and paid for BarBri myself. I only get paid once, for the BarBri course I paid for myself.
Posted by: Anonymous | September 14, 2007 03:24 PM
You don't have to remember everything about your BarBri fee, etc; just know the state, year and month, and the name you registered under. The class action group already has BarBri's meticulous records. I was really impressed (freaked out?) about how much they already knew about me...
Posted by: Anonymous | September 14, 2007 03:28 PM
I got through to the 1-800 number after sitting on hold for a while. They had all my stats too....
Posted by: Anonymous | September 14, 2007 05:54 PM
So what about if you paid down a deposit within the class period, but didn't pay the rest of the amount (or take the Bar/Bri class) until 2007?
Posted by: Anonymous | September 15, 2007 09:46 AM
Do you have to report the award as income on your taxes?
Posted by: TaxDummy | September 17, 2007 08:42 PM