Personal Injury Ethics: Avoiding Malpractice on Tax, Government Benefits, and Other Specialized Issues

Addressing Non-Litigation Issues Under Model Rule 1.2 While Increasing Settlement Value

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Thursday, January 13, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will review when personal injury attorneys may be obligated to provide guidance before settlement on non-litigation issues such as tax, government benefits, and other issues. While attorneys can ethically narrow the scope of their representation, doing so requires "informed consent." The program will discuss ethical considerations for lawyers who wish to limit their scope and make compliant referrals to professionals who can address these specialized issues.

Description

A settlement impacts a plaintiffs' taxes, financial stability, and government benefits eligibility. Trial lawyers face an evolving duty of care to address these issues.

ABA Model Rule of Professional Conduct 1.2(c) allows a lawyer to narrow their scope upon "informed consent." Like requesting a conflicts waiver, there are substantive steps to obtain that "informed consent." This webinar will discuss those steps, the issues to watch for in your representations, and how to compliantly refer clients to professionals.

Listen as the experienced panel discusses how to satisfy your ethical obligations to plaintiffs, properly narrow your scope of representation, and compliantly refer to a specialist--all to increase the net present value of your client's recovery.

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Outline

  1. Introduction
  2. How non-litigation issues can reduce net settlement value
  3. Limiting representation under Model Rule 1.2
  4. Ensuring informed consent
  5. Making compliant client referrals to subject matter experts

Benefits

The panel will review these and other pivotal issues:

  • What are the ethical duties of trial lawyers to help clients with non-litigation issues?
  • When and how should clients involve advisers with specialized knowledge/experience?
  • What are the most critical tax, finance, and benefits issues in personal injury cases?
  • How can counsel ethically narrow their scope of representation?
  • Most importantly, how can ethical compliance increase net settlement value?

Faculty

Alfieri, Anthony
Anthony V. Alfieri

SVP, In House Counsel
Settlement Professionals

Mr. Alfieri is a personal injury plaintiff and settlement planner. A passionate defender of plaintiffs’ rights,...  |  Read More

Babener, Jeremy
Jeremy Babener

Special Tax Counsel
Lane Powell

Mr. Babener is a nationally recognized tax attorney who focuses his practice on lawsuit awards, settlements and complex...  |  Read More

Di Gangi, Joseph
Joseph A. Di Gangi

Director of Planning
Settlement Professionals

Mr. Di Gangi is a Certified Financial Planner, Certified Structured Settlement Consultant, former Litigation Supervisor...  |  Read More

Murrah, Mary Ellen
Mary Ellen Murrah

Operations Consultant
Vista Consulting Team

Prior to joining Vista, Ms. Murrah spent more than 16 years managing and marketing a national, legal case management...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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