Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials

2 Lawyer Answers
Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Products Liability Lawyer
  • Chicago, IL

A: I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case in the same MDL or who is closer to the location of where the MDL is located. However, in cases we have handled in federal court MDLs, if the case we are handling is a bellwether case by designation, then I would want our case tried to a jury in my client's residential area where we first filed the lawsuit and not in the district court where the MDL is located. That's a procedural argument that may not always be successful. Importantly however, you should find out just who it is that is representing you. There should be absolute clarity on that.

Peter N. Munsing
Peter N. Munsing
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Mr. Kreisman is correct. However, in most cases you don't have to attend, and depending on where the jury is picked you may be way better off with the case where it is. As with any case, best bet is to have a face to face if you can. If not, make a phone appointment.

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