Personal Injury Settlement 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
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss under what circumstances personal injury attorneys may be obligated to provide pre-settlement advice on non-litigation issues such as tax liability or government benefits, and how lawyers who wish to avoid giving these types of advice may ethically (1) limit the scope of their engagement to exclude those topics, and (2) make compliant referrals to other qualified professionals whose practice it is to address these specialized issues. The program provides 90 minutes of ethics credit. There is no CPE credit for this course.
Outline
- Introduction
- How non-litigation issues can reduce net settlement value
- Limiting representation under Model Rule 1.2
- Ensuring informed consent
- 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
Jeremy Babener
Founder & Consultant
Structured Consulting
Mr. Babener is an expert in lawsuit settlement strategies and a seasoned tax attorney. As Tax Counsel at Structured... | Read More
Mr. Babener is an expert in lawsuit settlement strategies and a seasoned tax attorney. As Tax Counsel at Structured Legal and Founder of Structured Consulting, he specializes in guiding trial lawyers and settlement planners to solutions that maximize settlement value, using strategies based in tax, finance, and government benefits. Mr. Babener regularly writes for Forbes, Bloomberg, and the ABA, sharing insights on structured settlements, tax optimization, and legal ethics compliance. His expertise is recognized through his active involvement on the legal committees of the three national settlement planning associations, where he advocates for plaintiffs, plaintiff lawyers, and settlement planners. Mr. has focused on settlements for over a decade, including in his role as Special Tax Counsel at law firm Lane Powell, and as Fellow in the U.S. Treasury’s Office of Tax Policy.
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Peter Darling
Settlement Advisor
Structured Consulting
Mr. Darling is a settlement advisor and former commercial litigator who helps plaintiffs and trial lawyers structure... | Read More
Mr. Darling is a settlement advisor and former commercial litigator who helps plaintiffs and trial lawyers structure settlements to reduce tax exposure and maximize long-term financial outcomes. With a unique background that spans law, strategy, and marketing, he brings over 20 years of experience advising law firms and professional services organizations. Mr. Darling began his legal career after earning a J.D. from the University of Pennsylvania Law School, where he was an editor of the Journal of International Business Law and pursued MBA-level business coursework at the Wharton School as well as focusing on transactional law in his studies. He practiced complex commercial litigation in Philadelphia for three years before transitioning to entrepreneurship and consulting. In 1997, Mr. Darling co-founded Flycast Communications, a pioneering online advertising startup later acquired for $750 million. Since 2002, he has advised and worked with dozens of law firms, specializing in strategy, growth and communications. Mr. Darling was also a member of Apple’s User Experience team for three years, supporting their Information Systems and Technology group. He frequently speaks and writes on topics related to settlement strategy, legal marketing, and law firm growth, including for the American Bar Association and the California Lawyers Association. Mr. Darling holds a B.A. with honors in English Literature from Swarthmore College.
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Melissa Delaney
President
PI Presence
Ms. Delaney is a marketing strategist and advisor who helps personal injury law firms build powerful, credible brands... | Read More
Ms. Delaney is a marketing strategist and advisor who helps personal injury law firms build powerful, credible brands that connect with their ideal clients. As Marketing Director at PI Presence, she collaborates closely with trial lawyers and firm staff to showcase not just results—but the care, passion, and strategic thinking behind the firm’s success. Ms. Delaney's approach is rooted in the belief that visibility, credibility, and trust are earned through thoughtful storytelling, multi-channel outreach, and consistent engagement. She began her career in higher education before transitioning to marketing and branding for professional services. Over the past 15 years, Ms. Delaney has worked with a broad spectrum of law firms—from Am Law 100 firms and global plaintiffs’ firms to solo practitioners—guiding them through rebrands, growth initiatives, digital overhauls, and team enablement programs. She has spoken on legal marketing, client experience, and staff development, and has been a trusted advisor to managing partners, legal administrators, and in-house marketing teams across the U.S. Ms. Delaney holds a B.A. in Philosophy from UC Irvine and a Master’s in Organizational Psychology from Azusa Pacific University. She continues to develop innovative frameworks to help firms stay top of mind in an increasingly competitive legal market.
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