Litigation glossary

Common Benefit Fund

A court-ordered holdback — typically 3% to 11% of every recovery in an MDL — that pays the leadership attorneys who do the shared work. It comes out of recoveries on top of your own lawyer's contingency fee.

MDL leadership (lead counsel and steering committees) does the common work: master discovery, expert development, bellwether trials, settlement negotiation. Courts fund that work by ordering a percentage held back from every claimant's recovery — including claimants whose own lawyers did none of the common work.

Real orders: 3% in DePuy ASR, 7.5% in the opioid MDL, 9% in 3M earplugs (funding roughly $540 million in leadership fees), 11% in Hair Relaxer. The holdback stacks with your contingency fee, case expenses, and any liens — all before your net.

Sources & attribution

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