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20 M a r c h 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m law offiCE ManagEMEnt The missing link T he Robin Hood approach of taking from the rich is where it appears class actions are successful. It's the giving to the poor where the legal procedure doesn't always achieve its full purpose. Like most lawsuits, the vast majority of class actions are settled rather than litigated in the courts. Where they dif- fer is when it comes time for disburse- ment. How the money is handed out, to whom, by what means, and who ulti- mately oversees the process is not set in stone. Instead, it continues to evolve in an ongoing attempt for the legal system to be more inclusive. The three-pronged purpose of class actions is to provide access to justice to those who wouldn't likely have the chance to do it on their own; offer some judicial economy by addressing one problem involving a lot of people within one case; and deter- ring companies and organizations from adopting offending practices. Catherine Piché will tell you the under- lying factor is fairness. "What happens after [a settlement] is very, very impor- tant," said the Université de Montréal law professor and author of Fairness in Class Action Settlements. "When the settlement is being implemented, you do want the money to reach each and every member of the class." While lawyers have been successful in negotiating large settlements in situa- tions of corporate wrongdoing affecting a large number of people, they haven't always been so good about repatriat- ing that money to those who have been wronged. It's estimated the claims rate in most class actions is less than 10 per cent. As a result, some of the money sits dormant in an account or ends up as a donation to a charitable organization. The problem, says Piché, is "we have this beautiful procedure" that doesn't come full circle in what it is designed to accomplish, which prompted her to examine it first as a thesis topic, then as a book. "You want the objectives to Law firms are pretty good at getting class action settlements, but they're not quite as adept at making sure class members get their due. by Marg. bruineMan Matthew BilliNgtoN