Glossary
Class Counsel
The lawyers a court appoints to represent the entire class in a class action. They owe duties to the whole class, not just the named plaintiffs, and are paid only with court approval.
Class counsel are the attorneys officially appointed by the court to represent every member of a certified class. Before appointment, lawyers who file a proposed class action represent only their named clients. Once a class is certified, or certified for settlement, the appointed lawyers represent everyone in the class, even people who never contacted them.
Under Federal Rule of Civil Procedure 23(g), a court that certifies a class must appoint class counsel, and must consider the work counsel has done investigating the claims, their experience with class actions and similar claims, their knowledge of the applicable law, and the resources they will commit. The court can consider any other factor bearing on counsel's ability to fairly and adequately represent the class. When several firms compete, the judge may appoint interim class counsel early in the case.
Class counsel's duty runs to the class as a whole. That is why their fee request must be approved by the court, and why class members may object to it. Fees in settlements are usually paid from the settlement fund, often as a percentage, or by the defendant separately. Class members do not pay class counsel out of pocket, and filing a claim does not create an attorney-client relationship that requires you to pay anything.
Class members can contact class counsel with questions about a settlement; their contact information is in the notice. You may also hire your own lawyer at your own cost. See our guides on who pays lawyers in a class action and how to find a class action lawyer, and the common fund entry.
Related on Best Class Actions
Sources.
Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.