§ CR 23.07 Class counsel

Codes > Kentucky Rules of Civil Procedure > IV Parties > CR 23 > CR 23.07

CR 23.07 Class counsel

    (1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. 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 the types of claims asserted in the action;

            (iii) counsel's knowledge of the applicable law; and

            (iv) the resources that 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 order potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney's fees and nontaxable costs;

        (d) may include in the appointing order provisions about the award of attorney's fees or nontaxable costs under CR 23.08; and

        (e) may make further orders in connection with the appointment.

    (2) When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under CR 23.07(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.

    (3) The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.

    (4) Class counsel must fairly and adequately represent the interests of the class.