Mass Tort Retainer Agreement Template

This Mass Tort Retainer Agreement ("Agreement") is entered into on [Date] by and between [Law Firm], a [State] professional corporation with offices at [Address] ("Firm"), and [Client Name], residing at [Address] ("Client").

1. Scope of Representation

• Firm agrees to represent Client in connection with claims arising from [Product/Drug/Event] mass tort litigation, including investigation, filing, settlement negotiations, and trial or appellate proceedings as necessary.
• Representation is limited to claims for personal injury and related damages arising out of [Product/Drug/Event]. Firm will not handle other matters (e.g., bankruptcy, tax, family law) unless separately agreed.
• Firm may associate co-counsel or participate in court-appointed leadership structures with Client's consent when required for efficient representation.

2. Client Responsibilities

• Provide truthful, complete information regarding injuries, medical history, treatment, prior claims, and damages.
• Preserve evidence (documents, devices, communications) related to the claims and notify Firm of potential witnesses.
• Attend medical evaluations, depositions, hearings, and trial as requested.
• Keep Firm informed of changes in contact information, employment, and medical treatment.

3. Contingent Fee and Costs

• Firm's fee is [Percentage]% of any gross recovery obtained on Client's behalf through settlement, judgment, or other resolution.
• If a global settlement includes a common benefit holdback or court-ordered assessment, such amounts will be deducted prior to calculating Client's net recovery.
• Client remains responsible for reimbursing litigation costs and expenses out of any recovery, including filing fees, expert fees, travel, records retrieval, medical lien resolution, and case administration charges.
• If no recovery is obtained, Client will not owe attorneys' fees but remains responsible for out-of-pocket costs only if specifically agreed below: [choose "Client owes no costs if no recovery" or detail cost responsibility].

4. Cost Advances and Expense Authorization

• Firm may advance reasonable costs necessary to prosecute the claim and will maintain accounting of costs.
• Client authorizes Firm to share certain costs with co-counsel, steering committees, or litigation funds as appropriate for the mass tort proceeding.
• Expenses exceeding $[Threshold] will be discussed with Client before incurring, except for court-mandated assessments or emergency costs required to preserve claims.

5. Lien Resolution and Medical Reimbursement

• Client authorizes Firm to negotiate and resolve liens, subrogation claims, Medicare/Medicaid conditional payments, ERISA plans, and healthcare provider balances related to the injuries.
• Firm may retain third-party lien resolution administrators; associated fees will be treated as case costs.
• Client must promptly provide insurance information and cooperate with lien resolution processes.

6. Settlement Authority

• No settlement will be accepted without Client's informed consent, except that Client agrees to be bound by court-approved global settlement programs if the court so orders after notice and opportunity to be heard.
• Client acknowledges that compensation may be determined by settlement grids, points systems, or allocations established by leadership counsel; Firm will explain how those frameworks affect Client's recovery.

7. Client File and Communications

• Firm will maintain regular communication via [preferred methods] and provide periodic status updates at least every [Number] months.
• Client may request copies of pleadings, expert reports, and settlement documentation at any time.
• Client authorizes Firm to transmit information electronically, acknowledging associated confidentiality risks.

8. Termination of Representation

• Client may terminate this Agreement at any time upon written notice. Firm may withdraw with reasonable notice for good cause consistent with applicable rules (e.g., non-cooperation, conflict of interest, or non-payment of agreed costs).
• If Client terminates without good cause after an offer is obtained, Firm may assert a quantum meruit lien for the reasonable value of services rendered.
• Upon termination, Firm will deliver the file to Client or successor counsel and provide an accounting of costs and fees.

9. Arbitration or Dispute Resolution

• Any dispute between Firm and Client concerning fees or this Agreement will be resolved through [State Bar Fee Arbitration/Mediation] or binding arbitration in [Venue], unless prohibited by law.

10. Privacy and Confidentiality

• Firm will maintain Client information in compliance with applicable ethical rules, HIPAA authorizations, and protective orders entered in the litigation.
• Client authorizes Firm to disclose necessary medical and personal information to opposing parties, courts, co-counsel, experts, settlement administrators, and lien holders as required to pursue the claim.

11. No Guarantee of Outcome

• Client acknowledges that Firm has made no promises or guarantees regarding the outcome, settlement amount, or timing of recovery.

12. Entire Agreement and Amendments

• This document comprises the entire understanding between the Parties and supersedes prior discussions.
• Any amendment must be in writing, signed by both Parties.

13. Signatures

• Client: _____ Date: _
• Firm (Authorized Attorney): ____ Date: __

14. Attachments

• Exhibit A: HIPAA Authorization Form
• Exhibit B: Medical Provider List and Treatment Summary
• Exhibit C: Cost-Sharing Disclosure / Common Benefit Fund Notice