Distributing Attorney Fees in Multidistrict Litigation

The Quasi-class Action Model for Limiting Attorneys’ Fees in Multidistrict Litigation

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590 R I. Multidistrict Consolidation and the Powers of the Transferee Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593 R A. The MDL Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594 R B. Multidistrict Consolidation and the Declin...

Contingent fees and litigation settlement

Policy makers and static economic models often argue that contingent fees cause lawyers to settle cases sooner than their clients would like, so as to avoid accumulating costs of bargaining. Yet, in a dynamic setting, a willingness to sink costs can be a strategic advantage when seeking to establish the credibility of threats. This paper shows that this can be the case for cost-bearing continge...

Differing Perceptions of Attorney Fees in Bankruptcy Cases

Ethics of the Attorney in Medical Malpractice Litigation

Court Congestion as an Explanation for Rising Attorney Fees

A judge facing exogenous constraints on his pecuniary income has an incentive to reduce his workload to increase his private welfare. In the face of a large caseload, this incentive will induce judges to attempt to terminate some cases as quickly as possible. In class action cases, failing to grant an attorney’s fee request will delay termination. This conflict is likely to lead judges to autho...