Report on Contingent Fees in Class Action Litigation January 11, 2006

By Wells, D. Christopher | The Review of Litigation, Summer 2006 | Go to article overview
Save to active project

Report on Contingent Fees in Class Action Litigation January 11, 2006


Wells, D. Christopher, The Review of Litigation


Task Force on Contingent Fees, Tort Trial and Insurance Practice

Section of the American Bar Association*

Sandra R. McCandless

Partner, Sonnenschein Nash & Rosenthal, LLP

San Francisco, California

(Tort Trial & Insurance Practice Section Chair, 2005-06)

James K. Carroll

Partner, Fowler, Rodriguez, Chalos, Flint, Gray, McCoy, O'Connor Sullivan & Carroll, LLP

New Orleans, Louisiana

(Tort Trial & Insurance Practice Section Chair, 2004-05)

Linda A. Klein

Partner, Gambrell & Stolz, LLP

Atlanta, Georgia

(Tort Trial & Insurance Practice Section Chair, 2003-04)

Steven B. Lesser

Shareholder, Becker & Poliakoff, P.A.

Ft. Lauderdale, Florida

(Chair, Task Force on Contingent Fees)

Tort Trial & Insurance Practice Section

Task Force on Contingent Fees

Steven B. Lesser, Chair

Shareholder, Becker & Poliakoff, P.A.

Ft. Lauderdale, Florida

Edward R. Blumberg

President, Deutsch & Blumberg, P.A.

Miami, Florida

Janice P. Brown

Principal, Brown Law Group

San Diego, California

Thomas A. Demetrio

Shareholder, Corboy & Demetrio, P.C.

Chicago, Illinois

Lewis H. Goldfarb

Lew Goldfarb Associates, LLC

New York, New York

Kim D. Hogrefe

Attorney and Managing Director, Chubb & Son

Warren, New Jersey

Perry K. Huntington

Attorney and Senior Vice President, AIG Technical Services, Inc.

New York, New York

Robert Johnson

Senior Counsel, McDonald's Corporation

Chicago, Illinois

Daniel M. Klein

Partner, Buckley & Klein, LLP

Atlanta, Georgia

Marc S. Moller

Partner, Kreindler & Kreindler, LLP

New York, New York

Professor Charles M. Silver

The University of Texas Law School

Austin, Texas

Professor Patrick E. Longan, Chief Reporter

Mercer Law School

Macon, Georgia

Professor D. Christopher Wells, Reporter

Mercer Law School

Macon, Georgia

I. INTRODUCTION

The Task Force on Contingent Fees of the Tort Trial, and Insurance Practice section of the American Bar Association was created in the fall of 2003 to study the role of contingent fees in the American judicial system. In its first year, the Task Force heard from a variety of invited guests about contingent fee issues in medical malpractice actions and class actions. The Task Force issued its first report on medical malpractice actions in the fall of 2004.1 In its second year, the Task Force turned its attention primarily to class action cases, with particular attention to contingent fees in securities, antitrust, and consumer cases. These are class actions in which a "common fund" is created from which attorneys' fees can be paid. The Task Force heard testimony about civil rights actions and other cases in which fees are shifted by the applicable statutes. There was some discussion of cases in which the primary relief was not monetary, but the primary focus of the Task Force's discussion was the payment of contingent fees in common fund cases. That is the exclusive subject of this Report.

The Task Force met with leading academics, practitioners, and judges to hear from those various perspectives about how contingent fees are awarded in class actions, what problems have been encountered, and how the system could be improved.2 Members of the Task Force, which included members of the plaintiffs' and defense bar as well as representatives of academia and the insurance industry, brought their own expertise to the discussions.3

The Task Force benefited not only from the active participation of its witnesses and members, but also from the efforts of previous studies of contingent fees in class actions.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Report on Contingent Fees in Class Action Litigation January 11, 2006
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?