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

This paper deals with the attribution of fees in the context of class action settlements. More specifically, it posits that Quebec courts can use a risk multiplier (or “lodestar” method) in order to calculate class counsel fees or to gauge the reasonableness of a contingency arrangement. Since Quebec class actions are based on a foreign procedural model, it is fitting 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.