The Tax Lawyer Robert Wood-Structure Class Action Attorney Fees?
Although legal fee structures are common today,
legal fee structures of court awarded fees are uncommon,
particularly those awarded under a class
action. In a class action, whether or not there is a fee
agreement with class representatives, attorney fees
are almost always the subject of a court approval
process. In many cases, that court approval process
obviates and supersedes any fee agreement.
Can attorney fees awarded by a court in class
actions be structured? Based on established concepts
of constructive receipt and economic benefit, I
believe the answer is a decided yes. Although I will
stick to the concept of class action attorney fees in
this article, I note that it may be possible to apply
the same concepts I will discuss to non-class-action
court awarded fees.
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