§ Rule 23.07 Class Counsel
Rule 23.07. Class Counsel
(a) Appointing Class Counsel.
(1) Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.
(2) An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
(3) In appointing class counsel, the court
(A) must consider:
(i) the work counsel has done in identifying or investigating potential claims in the action,
(ii) counsel's experience in handling class actions, other complex litigation, and claims of the type asserted in the action,
(iii) counsel's knowledge of the applicable law, and
(iv) the resources counsel will commit to representing the class;
(B) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;
(C) may direct potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney fees and nontaxable costs; and
(D) may make further orders in connection with the appointment.
(b) Appointment Procedure.
(1) The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.
(2) When there is one applicant for appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23.07(a)(2) and (3). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class.
(3) The order appointing class counsel may include provisions about the award of attorney fees or nontaxable costs under Rule 23.08.