Does the Class Action Representative or Class Member pay attorney’s fees and legal expenses?

Starr Austen & Miller is paid on a contingency fee basis, meaning we only get paid attorney’s fees, and reimbursed for expenses and costs, by court order if the class action is successful, either through means of settlement or judgment. What that means for class members and class representatives is that they will not incur any out of pocket costs during the course of litigation.

Further, to get awarded attorney’s fees, class counsel must file a fee petition with the court. The attorneys for the class are only paid if the case is successful, and all attorneys’ fees awarded must be approved by the judge presiding over the case. The fee petition details all the work that the attorneys did on behalf of the class, and the court determines the fee awarded, taking several factors into consideration. In these types of cases the defendants are typically ordered to pay the class counsel’s attorney fees.