Is it ethical for class counsel to run up larger bill by requesting a non-monetary settlement?

Question

In a class action lawsuit against Bank of America, the class counsel and Bank of America negotiated an agreement calling for Bank of America to provide various non-monetary offers (but no money) to the class members and to pay several million dollars to the class counsel. Subsequently, several class members filed objections with the court. The class counsel then filed papers saying that the large fee was justified because of the additional work required to negotiate a non-monetary settlement, in excess of what would have been needed to negotiate a monetary settlement. I feel that a monetary settlement would have been in the best interest of the class counsel's client (the class members). Is negotiating for something else and thereby getting more fees an ethics violation?

Answer 1

Nio. If you don't like the outcome, object, but suggesting that it's an ethics breach will not be taken seriously. The court will reject the settlement if it's not in the best interests of the class. Leave it at that.

Answer 2

No, it is not an ethical violation under the facts you have presented. I suggest you refer to the Model Rules of Professional Conduct (2007), published by the ABA.

Answer 3

File a complaint with your state Bar Association against the attorneys. Provide all the information requested by them from the coplaintiffs and wait for the findings of their investigation. It will cost you nothing and it could be the foundation for a civil suit against them.