When a class action settles, a motion is brought to approve the
settlement. Where plaintiffs' counsel requests payment,
the counsel fee must be approved by the court. Similarly,
where a certification motion is heard and where the costs are not
agreed upon by the parties, the costs must be fixed by the
court. Both the approval of counsel fees and the fixing of
costs involve the exercise of discretion on the part of the judge
hearing the motions. The exercise of discretion, by its very
nature, is subjective, variable and heavily dependent on the
specifics of each case. The nature of the exercise means that
while there are guidelines and factors that have been identified to
assist judges, it is difficult to predict with certainty how much
will be awarded.
