Which statement describes the Rule 23 requirement of adequacy of representation?

Which statement describes the Rule 23 requirement of adequacy of representation?

• A. The class's representative must fairly and adequately represent the interests of the class.
• B. The class must hire an attorney for each member.
• C. The representative must be a named plaintiff.
• D. Adequacy is optional.

Answer: (A)

Adequacy of representation means the people chosen to stand in for the class must actually protect the class’s interests and not have conflicting goals. Under Rule 23, the class action only proceeds if the named representatives will fairly and adequately protect the interests of all class members, and the court is satisfied that the chosen counsel will vigorously prosecute the case for the whole group. This safeguard helps ensure absent class members aren’t harmed by a representative who pursues personal or conflicting aims, and it checks that there is competent, capable representation for the class as a whole. The other points aren’t describing this requirement: the rule does not require a separate attorney for every member, and while a named plaintiff is necessary, adequacy focuses on fair and adequate protection of the class’s interests rather than just being named. Adequacy is not optional; it is a prerequisite for certification.

Adequacy of representation means the people chosen to stand in for the class must actually protect the class’s interests and not have conflicting goals. Under Rule 23, the class action only proceeds if the named representatives will fairly and adequately protect the interests of all class members, and the court is satisfied that the chosen counsel will vigorously prosecute the case for the whole group. This safeguard helps ensure absent class members aren’t harmed by a representative who pursues personal or conflicting aims, and it checks that there is competent, capable representation for the class as a whole. The other points aren’t describing this requirement: the rule does not require a separate attorney for every member, and while a named plaintiff is necessary, adequacy focuses on fair and adequate protection of the class’s interests rather than just being named. Adequacy is not optional; it is a prerequisite for certification.