Rule 23.07.Class counsel.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceCR 23.07 requires courts to appoint class counsel whenever a class is certified, sets out the factors judges must and may weigh among applicants, allows interim counsel before certification, and holds class counsel to a duty of fair and adequate representation.

Full Text of Rule 23.07

Text sizeJump to: (1) (2) (3) (4)

(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.

End

Amendment History

(Adopted November 3, 2010, effective January 1, 2011.)

Plain-English Summary

When a court certifies a class action, CR 23.07 requires it to appoint class counsel to represent the class, unless a statute says otherwise. In choosing counsel, the court has to weigh the work counsel has already put into identifying or investigating the claims, counsel's experience with class actions and complex litigation, counsel's knowledge of the relevant law, and the resources counsel will commit to the case. The court can also weigh any other factor that bears on counsel's ability to represent the class, and can ask candidates to disclose information relevant to the appointment or propose terms for fees and costs. The order appointing counsel can address attorney's fees or nontaxable costs under CR 23.08 and include further orders as needed.

If only one lawyer or firm applies, the court can appoint that applicant only if the applicant meets the adequacy standard. When more than one adequate applicant seeks the role, the court must pick whichever one is best able to represent the class's interests. Before the court even decides whether to certify a class, it can name interim counsel to act for the putative class in the meantime. Whoever ends up serving as class counsel has an ongoing duty to represent the class's interests in a fair and adequate way.

Frequently Asked Questions

How does a Kentucky court decide who becomes class counsel?

Under CR 23.07, the court must consider the work counsel has done investigating the claims, counsel's experience with class actions and complex litigation, counsel's knowledge of the applicable law, and the resources counsel will devote to the case, along with any other factor bearing on counsel's ability to represent the class.

What happens if more than one law firm wants to be class counsel?

CR 23.07 requires the court to appoint whichever adequate applicant is best able to represent the interests of the class.

Can a lawyer represent a class before it's officially certified?

Yes. CR 23.07 allows the court to designate interim counsel to act on behalf of a putative class while it is still deciding whether to certify the action.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.07). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: how is class counsel appointedinterim class counsel kentuckyclass action lawyer selectionduty of class counselCR 23.07