Class counsel
Class counsel are the lawyers a court appoints to represent the whole class in a class action, not just the named plaintiffs.
Also called: lead counsel, plaintiffs' counsel, class attorneys, settlement class counsel
Class counsel are the lawyers a court appoints to represent the whole class in a class action, not just the named plaintiffs.
What it means
Class counsel are the lawyers a judge appoints to represent everyone in a class action. Under Rule 23(g), a court that certifies a class must appoint class counsel, and those lawyers owe their duty to the whole class, not only to the named plaintiffs.
The judge must consider the work the lawyers have done to investigate the claims. The judge must also weigh their experience with class actions and similar claims, their knowledge of the law and the resources they will commit. If more than one qualified firm applies, the court picks the one best able to represent the class. Before certification, the court can name interim counsel to act for the proposed class.
Class counsel usually work on contingency, which means they are paid only if the case brings in money. Any fee award has to be approved by the judge, and class members get notice of the request and a chance to object.
What it means for you
You don't hire class counsel and you don't pay them. Their fees are decided by the judge. Depending on the settlement, they come out of the settlement fund or are paid separately by the company. When the fee comes out of the fund, it shrinks the pool that is divided among claimants. The fee request is worth a look in the notice. If you think it is too high, you can file an objection by the deadline. The notice also lists class counsel's contact information for questions about the settlement itself.
Example
Say three law firms each file a class action over the same data breach. The cases are combined, and the judge picks the firm with the most data breach experience to lead. That firm is appointed class counsel. After a settlement, it asks the judge for a fee. The notice describes the request, and any class member who thinks it is too high can object before the final approval hearing.
FAQ
No. You don't pay class counsel out of pocket. The judge approves their fees, which are paid from the settlement fund or by the company on top of it, depending on the deal.
The judge does. When a class is certified, the court must appoint class counsel and, if several qualified firms apply, choose the one best able to represent the class. Before that, it can name interim counsel.
Related terms
- Fed. R. Civ. P. 23, Class Actions (Cornell Legal Information Institute)
- Federal Rules of Civil Procedure, as of Dec. 1, 2025 (U.S. Courts)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.