How are attorneys’ fees paid in a class action settlement?

In a class action settlement, attorneys’ fees are paid by the defendant, or the person or company who is being sued. The fees are not taken from the settlement fund that is set aside for the benefit of the class members. Instead, the defendant pays the attorneys directly in a separate transaction. This ensures that all of the settlement funds go to the class members and not to the attorneys. In Hawaii, state court rules require that attorneys’ fees in a class action settlement be fair and reasonable. This means that fees must be comparable to the fees awarded in similar cases. The court reviews the amount of the attorneys’ fees and whether it is appropriate given the work required to handle the case. Attorneys’ fees are usually based on a percentage of the total amount of the settlement fund or an hourly fee basis. This can be negotiated between the attorneys and the defendant. The court may also include provisions in the settlement agreement that allow for additional fees or incentive payments if certain goals such as a high settlement amount are met. In some cases, a court-appointed special master may be responsible for reviewing and approving the attorneys’ fees. This ensures that the fees awarded are reasonable and appropriate for the case. In summary, attorneys’ fees in a class action settlement in Hawaii are paid by the defendant. The court reviews the amount of the fees to ensure they are fair and reasonable, and may include provisions for additional fees or incentive payments. A court-appointed special master may also be responsible for approving the attorneys’ fees.

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