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ARTICLE · 21 FEBRUARY 2017

What Are Interim Class Counsel And When Should They Be Appointed?

Carlton Fields
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Nevertheless, several federal courts have used the same analysis that applies under Rule 23(g)(1) regarding the post-certification appointment of actual class counsel.

United StatesLitigation, Mediation & Arbitration
David L. Luck
David L. Luck
D. Matthew Allen
D. Matthew Allen

Even before certification of a class under Rule 23(a)-(b), the district court has authority to appoint "interim counsel" under Rule 23(g)(3) "to act on behalf of a putative class before determining whether to certify the action as a class action." However, as the District of New Jersey recently explained, "neither the federal rules nor the Advisory Committee Notes expressly" state the analysis used to determine when "interim counsel" should be appointed and which counsel might be appropriate.

Nevertheless, several federal courts have used the same analysis that applies under Rule 23(g)(1) regarding the post-certification appointment of actual class counsel. This includes consideration of:

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