What Is Class Counsel?
Class counsel are the court-appointed lawyers who represent the whole class, including you, at no upfront cost.
Class counsel are the lawyers a court appoints to represent the entire class in a class action. Once appointed, they owe duties to all class members, not only to the person who first hired them.
Why it matters when you file a claim
If you are a class member, class counsel are effectively your lawyers for the case, and you don't pay them directly. Their contact details are usually listed in the official notice. They can answer questions about the settlement terms, though the settlement administrator usually handles practical questions about claim forms and payments.
How class counsel are chosen and paid
- ✓Under Rule 23(g), a federal judge considers the lawyers' work on the case, experience with class actions, knowledge of the law and resources before appointing them.
- ✓Sometimes several firms compete, and the court picks one or a group to lead.
- ✓They are typically paid from the settlement fund, in an amount the court must approve under Rule 23(h).
- ✓If the case loses, they generally receive no fee.
A simple example
After several similar lawsuits are filed over the same data breach, the court consolidates them and appoints two firms as interim class counsel. They negotiate a settlement, apply for fees, and respond to questions from class members who see their names in the notice.
Class members may hire their own attorney, for example to object to a settlement, but they pay that lawyer themselves. Most people never need to.
Interim class counsel
Before a class is certified, a court may appoint interim class counsel to act on behalf of the proposed class. This often happens when several similar cases are filed and the court wants one team in charge. Interim counsel investigate, negotiate and, if a deal is reached, seek approval. Once a class is certified, the court formally appoints class counsel, often the same lawyers. The notice will list them by name and firm.
How it relates to other terms
Class counsel work with the lead plaintiff, are judged under adequacy of representation, and are paid through attorneys' fees approved by the court.
You don't need to contact class counsel to file a claim. SettleScout links you to the official settlement site and keeps track of when each claim is due.
Frequently Asked Questions
Do I have to pay class counsel?
No. Their fees come from the settlement fund or are paid separately by the defendant, with court approval.
Can I contact class counsel with questions?
Yes. Their contact information is usually in the notice. For claim status or payments, the settlement administrator is often the better contact.
Is class counsel the same as the settlement administrator?
No. Class counsel are lawyers representing the class. The administrator is a neutral company that processes claims and sends payments.
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