Driving Diverse Representation of Diverse Classes

Why have federal courts overwhelmingly appointed white men to represent diverse consumer classes? Rule 23(g) of the Federal Rules Civil Procedure requires appoint attorneys “best able interests class members” serve as counsel. But courts’ recurrent conclusion that best fit federally mandated job description not only gives appearance discrimination, but harms members suffer from outcomes plagued by groupthink and cognitive biases. This Article sets out uncover why male repeat players continue dominate counsel appointments proposes a practical immediately implementable solution for judiciary improve diversity. The examines all action auto defect multidistrict litigation suits. By focusing on this subset cases span across five decades, it observes potential tendencies certain (i.e., white, Republican-appointed, female courts) identifies different processes criteria implemented considered resulted in appointment more minority attorneys. finds, however, gender racial gaps remain stark, largely because understandably place an almost dispositive value attorneys’ prior experience serving counsel, role traditionally monopolized. It way resolve Catch-22 problem—a two-tier joint structure collectively evaluates diversity removes insurmountable entry barriers plaintiffs’ bar.