Putting a Price on Legal Services: Determining Reasonable Class Counsel Fees in the Settlement Context

• Author: Jean Lortie, Lisa Chamandy, and Shaun Finn
• Pages: 419-444

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PUTTING A PRICE ON LEGAL

SERVICES: DETER MINING

RE ASONABLE CL ASS COUNSEL

FEES IN THE SETTLEMENT

CONTE XT

Jean Lortie, Lisa Chamandy, and Shaun Finn

Abstract: This paper deals with the attr ibution of fees in the

context of class action sett lements. More specif‌ically, it posits

that Quebec courts can use a risk multiplier (or “lodestar”

method) in order to calculate cla ss counsel fees or to gauge the

reasonableness of a contingency arrangement. Since Quebec

class actions a re based on a foreign procedural model, it is f‌it-

ting that external common law approaches to fee assessment

be employed to ensure that the fees awarded to class counsel

are fair, appropriate, in the best interests of class members,

and the better administration of justice.