Ethics for Plaintiff Firms at Settlement

Jeremy Babener
Jeremy Babener | Structured Consulting

Jeremy is a nationally recognized tax expert. He counsels plaintiffs and plaintiff-side law firms on settlement planning, helping to maximize recovery outcomes. He also reviews and structures settlement transactions for trust companies, insurance companies, and other financial institutions.

On-Demand: May 9, 2025

1 hour CLE

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Program Summary

Settlements in personal injury cases can significantly affect a plaintiff’s tax obligations, financial wellbeing, and eligibility for government benefits. As the legal landscape evolves, trial attorneys must be mindful of their expanding duty to consider these factors.

This CLE explores the circumstances in which personal injury attorneys may need to address non-litigation matters—such as taxes, government benefits, and financial concerns—before reaching a settlement. Although lawyers can ethically limit the breadth of their services, such limitations must be done with the client's informed consent. This session will examine the ethical guidelines for narrowing the scope of representation and making appropriate referrals to other professionals who specialize in these areas.

Babener will also cover strategies that result in dramatic after-tax savings, like the Plaintiff Recovery Trust. Another example is the Qualified Settlement Fund, typically administered by a highly-respected trustee like Eastern Point Trust Company.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • ABA Model Rules, including Rule 1.2
  • Proper steps to secure informed consent and make referrals
  • Narrowing the plaintiff lawyer’s scope of representation
  • Identifying opportunities and risks from tax and financial issues at settlement

Closed-captioning available

Speakers

Speaker_Jeremy BabeneJeremy Babener | Structured Consulting

Jeremy is a nationally recognized tax expert. He counsels plaintiffs and plaintiff-side law firms on settlement planning, helping to maximize recovery outcomes. He also reviews and structures settlement transactions for trust companies, insurance companies, and other financial institutions.

Jeremy has worked across a broad spectrum of cases and settlement sizes, including individual claims, mass torts, and class actions. His role often includes drafting and refining settlement terms, proposing tax-efficient and financial strategies, and negotiating their adoption with defense teams.

He has developed and evaluated financial vehicles, trust arrangements, and income deferral solutions. Among these is the Plaintiff Fund Charity, a no-cost program that protects plaintiffs’ Medicaid eligibility when they fundraise for medical needs.

Jeremy is an active member of the ABA TIPS Plaintiffs’ Practice Committee and leads the Legal Committee of the Society of Settlement Planners. Earlier in his career, he served as a Fellow in the Office of Tax Policy at the U.S. Treasury Department.

He frequently speaks on settlement taxation and ethics at law schools such as NYU School of Law and the University of Chicago, contributes articles to Forbes, Bloomberg, and the ABA, and shares his insights on CNN, Fox News, and CNBC.

Agenda

I. ABA Model Rules, including Rule 1.2 | 2:00pm – 2:15pm

II. Proper steps to secure informed consent and make referrals | 2:15pm – 2:30pm

III. Narrowing the plaintiff lawyer’s scope of representation | 2:30pm –2:45pm

IV. Identifying opportunities and risks from tax and financial issues at settlement | 2:45pm – 3:00pm

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