Originally Posted by
AtomicLush
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.
I practice civil litigation (government) but have no experience in class action so I'll defer to you on this one, although I'm not aware of any specific instances like you've mentioned. Obviously if the action is not successful in its underlying purpose or is not in the best interests of the client/class, then something is amiss that should be fixed. I don't know that most of the griping about class actions reaches that level of sophistication (I'm guessing there are many class actions that are successful and beneficial).