INTRODUCTION
In class action proceedings, the role of independent counsel appointed to assist the court, or retained to represent class counsel, has become an important consideration in addressing potential conflicts of interest and maintaining an objective perspective. Independent counsel can provide a neutral voice, where there may be a perception that the interests of class counsel may not align with the interests of class members they represent. In these situations, certain class members may view their own individual interests as conflicting with the interests of class counsel or other class members.
This article examines the role of independent counsel in class proceedings in carriage motions and class counsel fee approval motions following settlement. This article also explores the benefits and limitations of involving independent counsel at various stages of a class proceeding.