... can arise in fee disputes, especially in the context of a common fund. These include (but are by no means limited to):

  • how best to allocate fees among many attorneys who may have contributed to the fund.   
  • when is there eligibility for an award from a fund which pre-existed the litigation (but may have been enhanced or preserved by the litigation).
  • when should the court use a “lodestar cross-check” to evaluate a proposed fee award based on a percentage of a common fund.
  • When is a “risk enhancement” or other multiplier appropriate.
  • When is a fee award in order for non-monetary benefits conferred on a class. 

We will be treating some of these issues in the case summaries on our homepage.  You’ll also find a good overview of some of these issues in this manual.

small_hirsch1The Federal Judicial Center's Attorney's Fees Monograph, coauthored by Professor Hirsch.