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Class Action Survey: Is AFA Use in Class Actions Increasing, Decreasing, or the Same as Last Year?

by Carlton Fields

The use of alternative fee arrangements (AFAs) in class action matters continues to fluctuate, according to the 2019 Carlton Fields Class Action Survey. Companies rely on AFAs as a tool to drive budget predictability and litigation management efficiency. In the class action context, however, the use of AFAs tends to fluctuate year over year. After companies reported increased use of AFAs for three years in a row between 2011 and 2015, in subsequent years, the percentage of companies using these arrangements has been up and down. In 2018, 41.2% of companies used AFAs for at least some of their class action work.

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