This paper analyzes the shortcomings of using auctions for selecting
lead counsel in class action cases. In contrast to what proponents
of auctions suggest, the outcome of an auction is likely to diverge
considerably from what an informed principal would have chosen. In
particular, auctions push the percentage of recovery paid to counsel
to the lowest level at which law firms would be willing to take the
case. Because of the need to provide counsel with incentives to invest
effort and resources, however, the class might well be better served
by a higher percentage than this minimum level, and auctions might
push fees to levels that are too low. The analyzed problems are ones
that arise also in those types of cases for which the use of auctions
should be considered according to the recent recommendations of a
Task Force report.