San Francisco, CA Tax Lawyer Robert Wood: Structure Class Action Attorney Fees?

The Tax Lawyer Robert Wood

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.