Trial Lawyer Resource Center

My office is investigating the makers of Total Body Formula, a supplement  that was recently recalled.

The U.S. Food and Drug Administration is advising consumers not to purchase or consume Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products are sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula is sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

On May  1, 2008,  The U.S. Food and Drug Administration’s final analysis of certain flavors of "Total Body Formula" and "Total Body Mega Formula” has detected hazardous amounts of chromium.

FDA analysis of the products found high levels of chromium among other items. The samples contained up to 3,426 micrograms of chromium for the recommended serving (17 times the recommended intake). The recommended chromium intake for an adult ranges from 35 to 45 micrograms per day.

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A good friend of mine and fellow attorney Joey James has been addressing wrongs caused by Central United. That company  issued  cancer policies, and  as has been argued successfully in court, failed  to do what it promised to do in those policies.

Now,  and without  any fanfare, there is a pending State Court class action involving Central United in Alabama which Joey James is NOT a part of, and to him may make little or no sense to policyholders (depending on the facts, and for some it may make sense). There is  a fast approaching deadline.

Mr. James writes this on his blog, http://centralunitedlawsuit.blogspot.com/:

You may also reach him at: 1-877-882-0095 by phone, joey@bunchandjames.com by email.

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Trucking cases require - as most will tell you - different discovery than other cases.  Here is a thorough  Request for Production of  Documents  that you can use in full or in part:

Will a Defendant fight your request? Probably: 
 

1. Copy of defendant’s document retention policy.

COLLISION

2. Make/model/year of tractor/trailer involved in Collision.
3. Copies of any photo/video of scene.
4. Copies of any measurements of scene.
5. Copies of any statements by interviewed witnesses.
6. Copies of any investigation of Collision
7. Copies of any reconstruction of Collision.
8. Copies of any interview with driver
9. List of physical evidence removed from scene/vehicles/driver/personal possessions.
10. Copies of all documents related to the load being transported on the trailer at time of Collision
11. Copy of the Collision report sent to USDOT
12. Copy of contract/agreement with company who shipped or was to receive load on trailer at time of Collision.
13. All records of any investigation, evaluation or finding by Defendant, relating to whether the Collision was preventable or non-preventable from the standpoint of its driver.
14. All documents generated by the Defendant company’s incident review board and/or internal organization that reviews incidents of its drivers concerning the chargeability of the incident.
15. A copy of the post Collision drug/alcohol report on driver as required by 49 C.F.R. & 382.303 and all related documents by defendant driver following the incident.

POLICIES/PROCEDURES/MANUALS

16. Copies of any policy, procedure, manuals, outlines, directives, memorandum or other prepared material dealing with the following:

            -Discovery responses propounded by adverse parties

            -Document retention

            -Information technology

            -Personnel/driver qualification

            -Driver training

            -Loss prevention

            -Dispatching

            -Compliance with FMCSR

            -Fleet maintenance

            -Collision/Collision investigation

            -Driver discipline/termination

            -Driver log acquisition and verification

            -Black box (ECM/DDEC/Etc.)placed on Defendants vehicles

            -Satellite tracking device (e.g. Qualcom) placed on Defendants     vehicles

            -Risk management

17. The parts and service manual for the tractor involved in the incident.
18. All policies and procedure manuals, memoranda or directives, standard operating procedures, training manuals or materials or videos, driver manuals, handbooks, presentations, employee manuals, handbooks or brochures and supplements and updates thereto used or prepared by or on behalf of the Defendant during the last 5 years.
19. All agenda and minutes of safety department meetings, along with the agenda and sign in sheets, for a time period of five years prior to the subject Collision to the present date
20. Copy of any policies, directives, procedures or similar material which in any way sets out, describes, or explains the policy or the Defendant with regard to the review of driver logs.
21. Copy of any policies, directives, procedures or similar material which in any way sets out, describes, or explains the policy or the Defendant with regard to the review of vehicle position histories from any satellite tracking device in Defendant’s tractors.
22. All contracts, policies, manuals, directions, instructions, stored/retrievable information, and procedures in the possession or control of the Defendant regarding the Qualcom System or similar satellite tracking system used by the Defendant on its tractors.
23. All policies, instructions, manuals, directions and procedures regarding dispatchers of the Defendant, including all training manuals and instructions used in training dispatchers

(company name)

24. Organizational chart showing all departments/divisions of Defendant
25. Organizational chart of Defendant’s safety department.
26. Organizational chart of Defendant’s maintenance department.
27. Organizational chart of Defendant’s log compliance/FMCSR compliance department.
28. Organizational chart of Defendant’s driver qualification/training department.
29. Organizational chart of Defendant’s dispatching department.
30. Organizational chart of Defendant’s information technology department.
31. Organizational chart of Defendant’s human resources department.
32. Copies of budget for last 5 years for safety training, driver training, fleet maintenance, advertisement for drivers, compliance with FMCSR, and dispatching.
33. List of log auditors name/address employed by Defendant within last 5 years.
34. Copies of instructions, manuals, notebooks or other prepared material dealing with the Defendant’s software system for payroll, maintenance, driver qualification and compliance with FMCSR.
35. Copies of data retention and back-up policies on all computer systems.
36. Copies of company policy on driver discipline for violation of FMCSR.
37. Copy of minimum qualifications for driver.
38. Copy of written policy on fleet repair and maintenance.
39. Copy of written policy on internal investigation and review of Collisions.
40. Copies of reportable Collisions and safety rating of defendant as given/assigned by the FMCSR for last 10 years.
41. Copies of any unsatisfactory safety rating by FMCSR.
42. Copies of advertisements utilized by the Defendant within last 5 years to solicit drivers in any state of the United States and any foreign country.
43. Copies of all liability insurance policies (including coverage pages) of the Defendant applicable to this Collision.
44. Full annual reports and audited financial statements of Defendant for the last 5 years, and all quarterly or interim financial statements for reports covering the period subsequent thereto.

DEFENDANT’S (year/model vehicle) INVOLVED IN COLLISION

45. Copies of any and all data, printouts, documents, charts, graphs or like material in possession of the defendant that was downloaded from any data gathering device (electronic control module) on Defendant’s tractor/trailer at the time of this Collision along with manuals/instructions on how to interpret the information.
46. Copies of any and all maintenance records on the Defendant’s tractor and trailer involved in this Collision for the last 5 years.
47. Copies of the fuel history of the tractor belonging to Defendant involved in this Collision for the last 5 years.
48. All documents or written material of every nature within the possession and/or control of the Defendant which contain information as to all drivers who have driven the tractor involved in this case in the last 5 years.
49. The parts and service manual for the tractor involved in the incident that is the subject of this litigation.
50. All vehicle condition reports and repair orders on the tractor involved in the Collision which is the subject of this action for the last 5 years before the Collision.
51. All documents within the possession and/or control of the defendant which contain information as to any Collision involving the defendant allegedly caused by mechanical failure of a tractor or trailer
52. All documents within the possession and/or control of the defendant which contain information of any on-board recording monitor, trip monitor, trip recorder, trip master, or device known by any other name which records information concerning the operation of the truck for the 30 days before the incident through the date of the incident.

DEFENDANT’S DRIVER, (name) , INVOLVED IN COLLISION

53. All driver logs within possession of defendant regardless of format be it paper, electronic or otherwise.
54. All driver vehicle inspections within possession of defendant regardless of format be it paper, electronic or otherwise.
55. With regard to the driver of the Defendants vehicle involved in this Collision produce copies of the following:

            -Employment history

            -Driving record

            -Copies of any and all alcohol and/or drug test administered on     the Defendant’s driver after collision which is subject to this     Cause of Action

            -Driver school records/CDL training records

            -Payroll records

            -Traffic violations last 5 years

            -Loan records

            -Discipline record with the Defendant Company

            -Collisions within last 5 years

            -Past employment history

            -Fuel records for last 5 years

            -Comdata fuel management records on driver for last 5 years

            -Credit card purchase records for last 5 years

            -Weight tickets for last 5 years

            -Dispatch records for last 5 years

            -Alcohol/drug test results for last 5 years

            -Employee evaluations for last 5 years

            -CDL records

            -Date/time/origin/destination of driver loads for last 5 years

OTHER SIMILAR CASES/CLAIMS

56. Copies of all files, data, documents, etc., related to any personal injury claimant where no suit was brought against Defendant within last 5 years.
57. Copies of all personal injury suits brought against defendant within last 5 years.
58. Caption (state/court/case #) of any personal injury lawsuit brought against Defendant within last 5 years.
59. Name/address of all Plaintiffs’ attorneys in personal injury lawsuits brought against Defendant’s within last 5 years.

ONBOARD SATELLITE TRACKING DEVICE

60. Copies of any and all data, printouts, documents, charts, graphs, or like material which in any way shows, demonstrates, catalogs, defines and/or alludes to any information from any satellite tracking device (e.g. Qualcom) located on the Defendants tractor/trailer involved in this Collision for the last year specifically including but not limited to the following:

            -Vehicle position histories/data

            -Driver contact/check calls

            -Messages to/from driver

            -Vehicle maintenance data/messages

            -Load information

            -Location histories

FMCSR

61. Any “out of service” stickers ever issued to the defendant from any governmental or regulatory agency of the United States or any state.
62. A copy of the periodic inspection report as required by 49 C.F.R. & 396.21
63. Any documents containing information as to any investigative inquires concerning the defendant driver as required by 49 C.R.F. & 391.23.
64. All safety management controls (as defined by 49 C.R.F. & 385.3) which the Defendant had in effect during 2004.
65. All Safety ratings (as defined by 49 C.R.F. Section 385.11) issued to the Defendant by any state or federal government agency for the last 5 years.
66. All notifications of Safety Ratings (as referenced in 49 C.R.F Section 385.11) provided to defendant by any state or federal governmental agency for the last 5 years.
67. All requests submitted by the Defendant for a change in safety rating pursuant to 49 C.F.R. Section 385.17 for the last 5 years.
68. Any and all records required to be kept pursuant to 49 C.F.R. 396.3, for the tractor or trailer operated by the Defendant’s driver at the time of this Collision.
69. Copies of all documents in the possession or control of the defendant regarding the use of an unqualified driver as set forth in the Federal Motor Carrier Safety Regulations.
70. Copies of all documents, records, or written materials of every nature within the possession or control of the Defendant which contain information concerning any driver being fined, penalized, or assessed any amount of money for drivers’ logs which do not comply with the Federal Motor Carrier Safety Regulations.
71. Copies of all DOT inspections and citations in possession or control of the Defendant where it was found that driver’s logs did not comply with the FMCSR.
72. Copies of any and all notice of claims, inspections, reports, compliance reviews, investigations, or like matters conducted on the Defendant by the FMCSR within the last 5 years.
73. Copies of all USDOT registers (history or Collisions required to be kept by FMCSR) of the Defendant for the last 5 years [§390.15(b) FMCSR].

DRIVER (name) GENERAL TRAINING AND SCHOOL

74. Provide all documents in possession or control of the defendant regarding driver turnover and driver retention.
75. Provide all documents in possession or control of the defendant regarding Collisions involving student trainees.
76. Provide al documents in possession or control of the defendant regarding Collision frequency of its drivers.
77. Provide all documents in possession or control of the defendant regarding trainee drivers hired by the Defendant.
78. Provide all documents in possession or control of the defendant regarding drivers hiring statistics, graphs, and profitability analyses.
79. Provide all documents in possession or control of the defendant regarding hiring of convicted felons.
80. Provide all documents in the possession or control of the defendant regarding hiring drivers who do not speak English.
81. Provide all documents in the possession or control of the defendant regarding advertising expenditures for hiring of drivers and all statistics graphs and profitability analyses regarding advertising expenditures of hiring of drivers.
82. All documents in possession or control of the defendant regarding the annual income expenditures, net profit, and profitability analyses of any driver training school which the Defendant had a financial interest.
83. All documents in the possession and control of the Defendant regarding revenues paid to any driver training school in which the Defendant had a financial interest in the last 5 years. 
    

MISCELLANEOUS

84. All physical, documentary, electronic and photographic/video evidence in possession of Defendant related to the Cause of Action.
85. Copies of any and all notices of claims, inspections, reports, compliance reviews, investigations, or like matters conducted on the Defendant by the SEC within the last 5 years.
86. Copies of any and all document, writing, chart, graph or similar material utilized by the Defendant to set times for the pickups, travel and/or delivering of loads (run time transit chart).
87. Any and all documents, writings, or exhibits of any kind in the possession, custody or control of the Defendant, the Defendant’s attorney, or anyone else listed in or used in the preparation of Defendant’s Answers to Interrogatories.
88. Any and all correspondence, reports, charts, photographs, drawings, videotapes, brochures, manual, memoranda, notes or other documents, materials or physical evidence of any kind which relate to any claim or defense in the action.
89. Any and all correspondence, reports, charts, photographs, videotapes, brochures, manuals, memoranda or other documents, materials or physical evidence of any kind received from, provided to or generated by any expert witness you expect to call as a witness at the trial of this case.
90. Any correspondence, reports, charts, photographs, drawings, videotapes, brochures, manual, memoranda, notes or other documents, materials or physical evidence of any kind relied upon by any expert witness in forming an opinion in this case whom Defendant expects to call as a witness at trial.
91. A current Curriculum Vitae of any expert witness you intend to use as a witness at the trial of this case.
92. Any documents, materials or physical evidence which Defendant contends are relevant or which it intends to introduce at the trial of this action.
93. All course materials used by Defendant, in any safe driving or defensive driving or training courses.
94. All internal audits, safety audits, reports of safety audits or reviews of defendants including those prepared by or for insurance companies for the last 5 years.
95. All correspondence between defendant and its insurance carriers concerning safety reports, reviews or audits or safety ratings for the last 5 years.
96. The claims log and/or Collision log pages from the date of the Collision.
97. Copies of all documents, materials, and records in the possession or control f the Defendant which in any manner relate to discrepancies between any drivers daily log and the vehicle position history of any driver.
98. All documents and materials which set forth the job description and duties of log auditors and dispatchers of the Defendant Company.
99. All documents and materials, electronic or otherwise, which relate in any manner to the number of the Defendant’s drivers or trucks in which dispatchers are in any manner responsible for.
100. All documents and materials, electronic or otherwise, which relate in any manner to the number of the Defendant’s drivers or trucks in which dispatchers are in any manner responsible for.
101. All documents and materials, electronic or otherwise, which relate in any manner to bonuses received by dispatchers, drivers, and all employees of the Defendant prior to the date of this Cause of Action.
102. All documents, materials, computer programs, directions, manuals, electronic data and procedures used to calculate run time (calculation of time necessary to deliver a shipment) in the possession or control of the Defendant.
103. Copies of all videos and training aids used by the Defendant in training their drivers regarding the consequences of driver fatigue while operating a truck.
104. List of names, addresses, and telephone numbers of other Defendant drivers who have been terminated within the last 5 years.
105. All documents or written material of every nature within the possession and/or control of the defendant which contains information as to all drivers who have driven the tractor involve in this case in the last 5 years.

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My friend and fellow consumer justice lawyer Joe Watkins wrote this in response to the zero verdict today in that case better known as the crazy pants lawsuit:

The administrative law judge, Roy Pearson of Washington DC, who sued a drycleaners over a pair of pants lost in court today. 

This news comes to no surprise to the President of the Georgia Trial Lawyers Association (GTLA), Joe Watkins.  “Just as we anticipated, the Civil Justice System worked today.  The Judge presiding over the case ruled in favor of the drycleaners—and against the man at the center of this ridiculous business dispute.”

Pearson filed suit against the drycleaners for $54 million after alleging that they lost a pair of his pants. “The suit itself was ludicrous.  As an attorney for 30 years I am aware of the dangers that this type of sensationalism can generate.  The general public cannot help but be engrossed in its details.  Now that the decision has been reached, the general public can bask in what is just another example of the Civil Justice System accurately and fairly working for us all,” said Watkins.

The attorney representing the drycleaners was Chris Manning, a member of the American Association for Justice (AAJ), the national affiliate of GTLA.  AAJ has been sharply critical of Judge Pearson’s lawsuit.  In April, AAJ CEO Jon Haber called on the District of Columbia Bar Association to conduct a disciplinary investigation of Judge Pearson for his conduct in this matter. Haber and AAJ President Lewis “Mike” Eidson pledged to support the defendant’s defense fund and encouraged the AAJ membership to also contribute.

“It is our hope that the resolution of this case garners as much media attention as it did when it was filed.  The public deserves to know the how the Civil Justice System works on their behalf,” said Watkins.

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A number of attorneys find value in radio advertising, me included.  Radio spots in metro cities work especially well, and in smaller towns they are relatively inexpensive.

I  have been able to  find out what works in radio spots.  I call them Mark's Radio Rules.

First,  an easy to remember telephone number. Whether it is a vanity number like 1-800-JUSTICE or a simple number like 800-444-2222, the key is having that number.

Second, repeat the number at least three times. Once within the first 5-10 seconds, once in the middle, and once more at the end.

Third,  have  an easy  to remember  .com address.  One that works is simply using the telephone number, such as  "our website is our telephone number,  800justice.com.  This works if you have a hard to spell website or one that is phonetically vague- such as as last name that could be "C" or "K."

Fourth, keep them short - thirty seconds at most.

Today I heard an ad that violated those rules. The ad ran sixty seconds.  The telephone number in the Atlanta area had a 404, and then numbers that were all over the place, none of which were repeating.
As I listened,  I  kept waiting for the telephone number.  At the end, the number was repeated twice within the last five seconds of the spot.  By then, most listeners had changed the channel to another station, thus the importance of saying the number within the first 5-10 seconds.

Finally, the ad did not direct the listener (which in Atlanta is probably a person behind the wheel at 8:10 a.m., when the spot ran) to any website.   As a bonus, the attorney firm had a  firm name that  was difficult to spell.  Interestingly enough, after finally finding the firm's website, what did I find? A pretty decent domain name that is very easy to remember.

I blame not only the attorney  for the mess that went on air but the ad agency that allowed this to be produced.  If the attorney simply placed the ad himself, the radio station should have done more than simply taken the money for the spot.

Is  an attorney in your area making these mistakes? Are you?
 

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Our office has a short form intake form for all new calls.  In my practice, we also  are referred cases  like most attorneys.

Our intake form has these fields -does yours?

1)Email address

2)Cell phone -  in addition to home and work

3)Telephone number of the nearest relative not living with you

On our post contract form, we now ask for:

IM Screen Name - through AIM,Yahoo, MSN or other. It is this one addition that I had to battle the more seasoned attorneys (those over 50) who don't think we'll need it.  I've already used IM at least a dozen times, and simply send one that says "please contact our office, tel # __________. Thank you."). It works every time we have used this.

Folks can either fill it in or leave it blank.  Currently we are running about  50% of our clients under 40 providing that information, and that % will surely go up. 

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Over the years we have crafted/borrowed from/added to the spoliation letter my offices sends out in cases involving  tractor trailers. Here you go:

Dear Mr. XXX:

    As you may be aware, my law firm represents XXXXXXXX as a result of personal injuries resulting from an accident which occurred on XXX in XXXX.  We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any matter:

    1.    The tractor and trailer involved in this accident.
   
    2.    Bills of lading for any shipments transported.

    3.    Any oversized permits or other applicable permits or licenses covering the vehicle or load on the day of the accident.

    4.    The daily logs for the day of the accident and the eight day period preceding the accident.

    5.    The daily inspection reports for the day of the accident and the eight day period preceding the accident.

    6.    Daily inspection reports for the tractor and trailer involved in this accident for the day of the accident and the eight day period preceding this accident. 

    7.    Maintenance, inspection, and repair records or work orders on the tractor and the trailer for the day of the accident and for the six month period preceding the accident.

    8.    Annual inspection report for the tractor and trailer covering the date of the accident.

    9.    The complete driver’s qualification file, including but not limited to:
           
        a.    application for employment
        b.     CDL license
        c.    driver’s certification of prior traffic violations
        d.    driver’s certification of prior accidents
        e.    driver’s employment history
        f.    inquiry into driver’s employment history
        g.    pre-employment MVR
        h.    annual MVR
        i.    annual review of driver history
        j.    certification of road test
        k.    medical examiner’s certificate
        l.    drug testing records
        m.    HAZMAT or other training documents

    10.    Photographs of the vehicles involved in this accident or the accident scene.

    11.    Any post-accident alcohol and drug testing results

    12.    Any lease contracts or agreements covering the tractor or trailer involved in this accident.

    13.    Any interchange agreements regarding the tractor or trailer involved in this accident.

    14.    Any data or printout from on-board recording devices, including but not limited to ECM (electronic control module), any on-board computer, tachograph, trip monitor, trip recorder, trip master, or other recording device for the day of the accident and the six month period preceding the accident.

    15.    Any post-accident maintenance, inspection, or repair records or invoices in regard to the tractor and trailer.

    16.    Any weight tickets, fuel receipts, hotel bills, or other records of expenses regarding the driver or the tractor or trailer involved in the collision for the day of the accident and the eight day period preceding the accident.

    17.     Any trip reports or dispatch records regarding the driver or the tractor or trailer involved in this collision for the day of the accident and the eight day period preceding this accident.

    18.    Any e-mails, electronic messages, letters, memos, or other documents concerning this accident. 

    19.    The accident register maintained by the motor carrier as required by federal law for the one year period preceding this accident.

    20.    Any drivers manuals, guidelines, rules or regulations given to drivers. 

    21.    Any reports, memos, notes, logs or other documents evidencing complaints about the driver. 

    22.    Any DOT or PSC reports, memos, notes or correspondence concerning Chip P. Bledsoe or the tractor or trailer involved in this accident.

    In regard to the tractor and trailer involved in this incident, we would like to set up a mutually convenient time for our expert to inspect, examine, and conduct tests on the unit.  We specifically request that you make no repairs or adjustments to the tractor or trailer until this inspection is completed.  I must have a response within the next ten (10) days. 

                           

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I am one of our firm's 'road warriors' -depositions,  client meetings, meeting with witnesses. Invariably  the need for a notary will arise. 

I'm a Notary. It's so ridiculously easy and cheap, it is a wonder more  attorneys are not. How does being a Notary help?

1)I met a witness last week in a city about 300 miles away.  The facts I gathered were simply written out, attested to by the witness, and then notarized. To be on the safe side I took a photo of the driver's license of the witness.  Easy.

2)A small town medical provider had records  in that same town where the witness was located.  I prepared in advance a records certification, and when they informed no notary was available, no problem. (I may have to deal with evidentiary issues later, but for now it worked).

3)When a client travels to my office for a late afternoon meeting there were times when the staffers who were NPs had left, and we had to track down one in the building. Never again.  

Take the time to apply, and  you are set.

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Personal injury contracts are almost always the same in content and language.
From time to time, however, a potential client may call you to talk about an unsafe drug or product heard
about in the news or on television on the internet.

In my opinion, the worst thing an attorney can do is,
presuming there is not a statute of limitations
problem - simply have that client sign a pro forma
contract that covers a typical claim such as an automobile accident or premises claim.     

If you complete your initial research and think a person 
may have a claim, I would consider a case specific contract, such as one that involves a claim against a drug maker
and an unsafe drug.  

In my office, our unsafe drug case contracts have the language listed in addition
to the standard language regarding fees and costs:

The first paragraphs detail fees and costs issues, the scope of the engagement, and
other standard language. I also include:

Court-awarded fee: Client agrees that in the event extraordinary
services are required, Law Firm may apply to the Court for greater
compensation.  In the event that Law Firm is awarded a fee by a court that exceeds the percentages, the
court-awarded fee shall apply in lieu of the above amounts.
 
Claims Excluded From This Engagement:  This Agreement
does not cover other related claims that may arise and
may require legal services (for example, medical
malpractice claims).  Client understands and agrees
that Law Firm will not investigate or pursue any
medical malpractice action or any other action against
Client’s doctors or medical caregivers.  Should Client
wish Law Firm to handle matters in the event they
arise, separate written agreements are required.


Common Benefit Expenses: Law Firm may incur expenses
on behalf of multiple clients in connection with their
individual matters (“Common Benefit Expenses”).  If
Law Firm spends $1,000 to hire an expert to reach an
opinion on a topic affecting many clients, rather than
charging the entire $1,000 to the first client who
utilizes this expert, the firm spreads the costs among
all other clients in the group.  If Law firm has 10
clients being represented in similar litigation, each
client is charged $100 of the expert fee instead of
the first client being charged $1,000. Client agrees to 
common benefit expenses being charged. 

MDL Fees and Costs

Law Firm may enter into an agreement with a
Plaintiffs’ Management Committee for a Multi-District
Litigation (MDL) established to obtain information
against multiple Defendants.  Only if Law Firm enters
into this agreement, Client agrees to pay a percentage
of the gross settlement of every case they handle (if permitted by 
the Court), which percentage is generally two to three percent of
the gross settlement.  If this MDL assessment is
charged, Law Firm typical pays half the assessment out
of our attorney’s fees and half the assessment may be
charged to our clients as a cost of litigation.
 
Those issues both relate the pitfalls of being
expected to investigate a medical malpractice claim,
and the potential to be assessed an MDL fee down the
road.

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