How are plaintiffs attorneys paid in class action cases?
The plaintiffs’ attorneys are usually paid in accordance with an order from the court in which the case is pending, and only if the case is successful. The judge responsible for the class action reviews a submission made by the attorneys, called a “fee petition.” This petition sets forth in detail the work the attorneys have done on behalf of the class. The court then enters an order establishing the amount of the judgment or settlement proceeds to be paid to the attorneys. The amount of the fees awarded is based upon a number of factors, including, among others, the quality of the work, the difficulty of the case, the nature of the result, the amount of time spent on the case, and the risks involved. Typically, courts award between 20% and 30% of the total settlement amount.
