Choosing an MDL Attorney
If you've been injured by a defective product, dangerous drug, or harmful medical device, finding the right attorney is one of the most important decisions you'll make. This guide explains what to look for, what questions to ask, and warning signs to avoid.
Key Takeaways
- Look for attorneys with specific MDL experience, not just general personal injury practice
- Most MDL attorneys work on contingency fees, typically ranging from 25% to 40%
- Ask about communication practices, fee structures, and who will actually handle your case
- Be wary of guaranteed outcomes, high-pressure tactics, or upfront fee demands
- Your attorney represents you individually, even while working within the larger MDL structure
MDL cases have unique characteristics that require specific expertise. Not every personal injury attorney is equipped to handle multidistrict litigation effectively. The lawyer you choose will guide you through a complex legal process that can take years to resolve, and their experience and approach will significantly affect your outcome.
Why Attorney Selection Matters in MDL Cases
MDL litigation differs from ordinary personal injury cases in important ways that affect how attorneys work and what qualifications matter.
In a typical personal injury case, your attorney handles everything from investigation through trial. In MDL, much of the heavy lifting on common issues is performed by lead counsel and the Plaintiffs' Steering Committee (PSC), while your individual attorney focuses on your specific case within that framework.
This structure means two things. First, the quality of MDL leadership affects all plaintiffs, so hiring an attorney connected to effective leadership matters. Second, your individual attorney still plays a crucial role in ensuring your case is properly documented, categorized, and valued when settlement time comes.
What to Look for in an MDL Attorney
When evaluating potential attorneys, consider these qualifications and characteristics:
MDL Experience
The most important qualification is direct experience with multidistrict litigation. An attorney who has handled MDL cases understands how discovery works in consolidated proceedings, what bellwether trials mean for settlement negotiations, and how to position your case effectively.
Questions to ask:
- • How many MDL cases have you or your firm handled?
- • Have you worked on MDLs involving similar products or injuries?
- • What was your role in those cases?
Leadership Involvement
Attorneys who serve on Plaintiffs' Steering Committees have access to information and influence that can benefit their clients. They participate in discovery, interact with experts, and often have direct involvement in settlement negotiations. This doesn't mean you must hire a PSC attorney, but understanding your attorney's relationship to MDL leadership helps you evaluate their access.
Resources and Infrastructure
MDL cases require significant resources. Document review, expert consultations, travel, and case management all demand time and money. Larger firms typically have infrastructure advantages, but smaller firms with focused practices can also handle MDL cases effectively when they have established relationships with other plaintiff attorneys.
Communication and Accessibility
You deserve an attorney who keeps you informed and responds to your questions. MDL cases can take years to resolve, and you'll have questions along the way. An attorney who is difficult to reach during the consultation process is unlikely to improve once they have your case.
Trial Capability
Most MDL cases settle, but the possibility of trial matters. Defense attorneys track which plaintiff firms actually take cases to trial. Attorneys known for accepting quick settlements often receive lower offers because defendants know they won't face a courtroom challenge.
Questions to Ask Before Hiring
Before signing a fee agreement, ask these questions to ensure you understand how the attorney will handle your case:
About Experience and Approach
What is your experience with this specific MDL?
Familiarity with the particular litigation affecting you matters. An attorney who has followed the case understands the current procedural posture, relevant rulings, and settlement landscape.
Who will actually work on my case?
At larger firms, the attorney you meet during consultation may not be the person handling your case day-to-day. Understand the team structure and who your primary contact will be.
What is your relationship to MDL leadership?
Understanding whether your attorney is on the PSC, works closely with leadership, or operates independently helps you evaluate their access to information and influence.
About Fees and Costs
What is your contingency fee percentage?
Understand the specific percentage and whether it changes based on case stage (pre-suit, post-filing, trial).
How are litigation costs handled?
Know whether costs are advanced by the firm and deducted from your recovery, or whether you're responsible for costs regardless of outcome.
What about common benefit fees?
Understand how common benefit assessments (which compensate MDL leadership) will affect your recovery.
Understanding Fee Arrangements
Most MDL attorneys work on a contingency fee basis, meaning they're paid only if you recover compensation. This arrangement aligns your interests with your attorney's and allows you to pursue claims without upfront costs.
Contingency Fee Basics
Under a contingency fee agreement, your attorney receives a percentage of any recovery, whether from settlement or verdict. If you don't recover anything, you don't owe attorney fees. Typical contingency fee percentages range from 25% to 40%, with 33% (one-third) being common.
How Fees Are Calculated
Your fee agreement should specify whether the attorney's percentage is calculated on the gross recovery or net recovery after costs are deducted. This distinction significantly affects your take-home amount.
Gross Calculation Example
- Settlement:$100,000
- Attorney fee (33%):-$33,000
- Costs:-$5,000
- Your recovery:$62,000
Net Calculation Example
- Settlement:$100,000
- Costs deducted first:-$5,000
- Attorney fee (33% of $95K):-$31,350
- Your recovery:$63,650
Common Benefit Assessments: In MDL cases, a portion of settlements (typically 3% to 11%) is set aside for a "common benefit fund" that compensates leadership attorneys for work benefiting all plaintiffs. Your attorney should explain how these assessments will affect your ultimate recovery.
Red Flags to Avoid
Not every attorney is the right fit for your case. Watch for these warning signs:
Guaranteed Outcomes
No attorney can guarantee results. If a lawyer promises you'll definitely win or guarantees a specific settlement amount, be cautious. A reputable attorney discusses strengths and weaknesses honestly.
High-Pressure Tactics
You deserve time to make an informed decision. Attorneys who pressure you to sign immediately, discourage consulting other lawyers, or create artificial urgency may not have your best interests at heart.
Upfront Fee Demands
Personal injury attorneys typically work on contingency, meaning no upfront fees. If an attorney demands substantial payment before taking your case, this deviates from standard practice.
Poor Communication
Unreturned calls, vague answers, and seeming disinterest are warning signs. If an attorney is difficult to reach before you hire them, expect similar problems afterward.
Lack of Relevant Experience
An attorney who handles primarily other practice areas may lack the specialized knowledge needed for effective MDL representation. Ask directly about MDL experience and be cautious of vague answers.
Pressure to Settle Quickly
An attorney who pushes for quick settlement without adequate case development may be prioritizing their own convenience over your interests. MDL settlements should be evaluated based on your specific circumstances.
Your Role in the Attorney-Client Relationship
Choosing an attorney is just the beginning. To maximize your chances of a good outcome:
Be Honest and Complete
Provide accurate information about your injuries, medical history, and product use. Incomplete information can hurt your case.
Stay Organized
Keep records of medical treatment, expenses, and communications. Respond promptly to requests from your attorney.
Communicate Concerns
If you have questions or concerns, raise them with your attorney. Don't let issues fester.
Be Patient but Engaged
MDL cases take time. While patience is necessary, you should still expect regular communication and responsiveness.
Frequently Asked Questions
Do I need an attorney who is on the Plaintiffs' Steering Committee?
Not necessarily. PSC membership indicates high-level involvement in the litigation, but many excellent attorneys focus on representing individual clients rather than seeking leadership roles. What matters most is your attorney's experience, communication, and commitment to your case.
How do I verify an attorney's credentials?
Check your state bar association's website to verify that the attorney is licensed and in good standing. Look for disciplinary history. Review the attorney's website for case experience and professional affiliations. Online reviews and referrals from trusted sources can also provide insight.
What if I'm unhappy with my current attorney?
You generally have the right to change attorneys at any time, though there may be financial implications for fees already earned. If you're considering a change, consult with a new attorney about the process and potential consequences before taking action.
How long will my MDL case take?
Timelines vary significantly. Some MDLs resolve within a few years, while others continue for a decade or longer. Ask potential attorneys about the current status of the specific MDL affecting you and their expectations for timing.
What if multiple attorneys contact me after my injury?
Be cautious of attorneys who contact you directly after an injury, particularly through aggressive solicitation. While some outreach may be legitimate, you're generally better served by researching attorneys yourself and initiating contact. Take time to evaluate options rather than responding to high-pressure solicitation.
Do MDL attorneys handle state court cases too?
Yes. Many attorneys handle both federal MDL cases and related state court litigation. If you have a state court case that might be connected to an MDL, discuss coordination with potential attorneys.
How will my attorney know about developments in the MDL?
Attorneys representing plaintiffs in an MDL receive notices about court orders, deadlines, and case developments. PSC members have more direct access to ongoing negotiations and strategy discussions, but all plaintiff attorneys should stay informed about their clients' cases.
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Get Legal HelpSources
- Stanford Law School Center on the Legal Profession, "MDL Toolkit: Structuring Leadership and Personnel Decisions," citing criteria from various Case Management Orders.
- American Bar Association; state bar associations; jurisdictional regulations on contingency fees.
- Bolch Judicial Institute, Duke Law School, "Establishment and Use of Common Funds"; Stanford Law School Center on the Legal Profession, "Common Benefit Funds."
Disclaimer: This article provides general educational information about selecting an attorney for MDL litigation and is not legal advice. Attorney qualifications, fee structures, and regulations vary by jurisdiction. If you need legal representation, consult directly with qualified attorneys to discuss your specific situation. MDLUpdate.com does not provide legal representation or attorney referrals.