Originally Posted by
trouble747
Litigation--particularly complex litigation such as this--is extremely time-consuming and expensive, requiring the work of numerous individuals for hundreds if not thousands of hours. And the fees are going to be a minority percentage of the overall judgment. The purpose of a class action isn't necessarily to make whole every conceivable class member, but (among other reasons) to aggregate small losses and/or to force a change in behavior through the collective financial penalty. It's surely not a perfect system--nothing is--though what is a viable alternative.
I worked in litigation for the majority of my adult career and I understand the purpose of a class action - but it doesn't mean that it hasn't turned into a broken system. Unlike typical civil litigation where the attorney gets 30-40% contingency of the settlement, class actions settle, then a separate fund just for attorneys' fees and costs is negotiated - often eclipsing the settlement funds. This is why there is a conflict - it creates an incentive to settle as quickly as possible then try to get as much attorneys fees/costs as possible.