Don’t Do Mass Torts? 4 Reasons to Reconsider

Industry Advice

For many attorneys, the term “mass torts” can feel intimidating. It brings to mind decade-long litigations, massive capital requirements, complex compliance risks, and operational strains. For many firms, these assumptions have been enough to keep mass torts off the table when it comes to diversifying their revenue streams.

But the mass tort landscape has changed.

Today, firms no longer need to build everything in-house or shoulder unnecessary risk to effectively participate. If you’ve been avoiding mass torts, it may be because you are operating under outdated assumptions that no longer reflect how successful firms engage in this space.

Here are four reasons why attorneys hesitate to enter the mass tort space and why each deserves a second look.

1. The Financial Risk of Upfront Investment

Mass torts have a reputation for requiring large, speculative marketing investments with uncertain outcomes. Unlike traditional personal injury matters, costs are incurred long before any recovery, creating concern around capital exposure and ROI.

Why Reconsider: The key shift is not spending more, it is spending smarter.

Modern mass tort participation is increasingly driven by predictable, criteria-based acquisition models rather than broad, untested advertising. When claimants are screened against litigation-approved criteria and delivered as signed retainers, firms can evaluate opportunities based on cost per compensable retainer, not raw lead volume.

This approach allows firms to align spend with their firm’s risk profile, diversify across torts, and avoid the volatility that traditionally made mass tort marketing feel like a gamble.

2. The Logistics of Case Management

Managing hundreds of claimants introduces real operational challenges. Intake consistency, document collection, eligibility verification, and ongoing compliance all become exponentially more complex as volume increases.

For many firms, the concern is not legal strategy. It is everything that surrounds it.

Why Reconsider: Firms no longer need to build internal infrastructure just to handle intake and screening at scale.

A defined, audited intake process handled outside the firm can dramatically reduce administrative burden while improving retention and claim quality. When criteria are developed in collaboration with experienced litigators and consistently applied from first contact through signed retainer, firms receive cases that are ready to advance, not projects that require cleanup.

The result is scale without chaos and growth without an operational burden.

3. The Complexity of Compliant Marketing

Mass tort advertising is often executed at national scale and across multiple channels, which increases the operational complexity of maintaining consistent, compliant messaging. Disclosure requirements, intake protocols, privacy considerations, and jurisdictional guidelines all need to stay aligned as volume increases. For many firms, managing that complexity internally can be daunting and becomes a reason to delay participation.

Why Reconsider: Compliance does not have to be a firm’s internal responsibility.

When claimant acquisition and intake are executed within a structured, audited framework with oversight from an originating firm,  firms gain clarity and confidence in how potential claimants are sourced and screened. Established processes, consistent documentation, and clearly defined criteria allow firms to participate in mass torts without diverting internal resources toward managing advertising details.

4. The Fear of Burnout

Mass torts are complex. The volume, timelines, and coordination involved can feel overwhelming, especially for firms that value focus and efficiency.

Why Reconsider: Participating in mass torts does not require changing how your firm practices law.

Attorneys can effectively and efficiently participate in mass torts by leveraging Broughton Partners’ extensive network and expertise. Through co-counsel opportunities with experienced, tort-specific litigating firms,  attorneys can diversify their revenue streams in a way that strategically aligns with and enhances their firm’s current proficiencies. The administrative and claimant acquisition components are handled through a defined, compliant process, allowing attorneys to stay focused on their core business rather than litigation, intake execution, and marketing operations.

What Broughton Partners Can Do For You

The barrier to entry for mass torts is no longer size or resources—it’s strategy. By identifying the right partner to handle case acquisition and management, your firm can diversify its practice area, increase its revenue potential, and help more people than ever before.

With Broughton Partners, law firms gain more clients and build better connections between claimants, litigating firms, and referring firms. With various consumer-facing brands, we reach out to potential claimants across television, radio, social media, and other advertising avenues. Claimants contact our in-house 24/7 call center and are screened for eligibility using criteria created with leading litigators. These pre-qualified retainers are then delivered to your firm without any additional work on your part.

Our process lets attorneys help more people without adding to their workload, and gives claimants more power to find necessary legal aid. If you want to know more, call us at (844) 206-4644 or contact us today.

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