Rule 23(g) requires the court to appoint class counsel, considering work performed identifying the claims, experience in class and complex litigation, knowledge of the applicable law, and resources committed.
Where multiple applicants compete, the court appoints the best able to represent the class.
Alternative Names:
Rule 23(g) Appointment, Appointment of Class Counsel
Why it Matters?
Competing applications produce a selection process resembling MDL leadership appointment, and the criteria overlap substantially. For defendants the appointment matters because counsel's resources and experience affect how the litigation is prosecuted and whether settlement is achievable. Appointed counsel also owe duties to absent members that individual plaintiff counsel do not, which constrains their settlement latitude.
Frequently Confused with
Related terms
Frequently asked questions
What criteria govern appointment?
What duties does appointment create?
