Co-Counsel Agreement

A formal written contract between a referring plaintiff attorney and a mass tort lead counsel or litigation firm that governs the division of fees, allocation of responsibilities, and each party's obligations throughout the life of a case or docket. In mass tort contexts, co-counsel agreements are essential when a local or smaller firm lacks the resources or MDL experience to litigate cases independently and partners with a national firm that manages discovery, bellwether trials, and settlement negotiations. Key provisions typically address fee-splitting percentages, client communication duties, cost advancement, and what happens to cases if the partnership dissolves before resolution.