Typically, the attorneys who represent the client who is the lead class representative requests to be appointed Lead Counsel. If it’s a scenario where a number of attorneys file for class action, filing complaints on behalf of their various clients, it could be the first to file, but the courts also look at other factors when deciding who the lead counsel will be. For example, they look at the attorneys’ experience, whether or not the law firm has experience in class actions, has enough resources to manage class actions, etc.
The judge has a judiciary responsibility to the class to find counsel that can handle the situation and has experience. So, class action experience makes a big difference.