Attorney Fee Deferral: Avoiding Spikes and Maximizing Flexibility

Jeremy Babener | Structured Legal

Jeremy is a nationally recognized tax expert. He counsels plaintiffs and plaintiffside 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 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.

• Education and Credentials

Jeremy is a nationally recognized tax expert with extensive experience advising on the tax and financial aspects of legal settlements. Earlier in his career, he served as a Fellow in the Office of Tax Policy at the U.S. Treasury Department, where he gained insight into federal tax policy. His background provides a strong foundation for advising attorneys and clients on complex settlement-related tax issues.

• Recognition and Leadership  

Jeremy is widely recognized for his expertise in settlement taxation and planning. He chairs the Legal Committee of the Society of Settlement Planners and is known for helping shape discussions around ethical and tax considerations in settlement practice. His leadership roles reflect his influence in advancing best practices within the settlement planning community.

• Professional Involvement

He is actively involved in several prominent legal organizations, including the American Association for Justice (AAJ) Public Education Committee and the American Bar Association’s TIPS Plaintiffs’ Practice Committee. Through these roles, Jeremy contributes to professional education and policy discussions affecting plaintiff-side practitioners.

• Experience

Jeremy has worked on a wide range of cases, including individual claims, mass torts, and class actions of varying settlement sizes. His work often involves structuring settlement transactions, developing taxefficient financial strategies, and negotiating settlement terms with defense teams.

SESSION 1 – Tax Advantages of Contingent Fee Deferral | 2:00pm – 2:20pm

Deferring receipt of a contingent fee can deliver major tax benefits. This session explains how postponing income lowers current-year tax obligations, delays taxation on any investment growth until the fee is actually received, and gives lawyers greater flexibility in how they invest and manage their earnings.

SESSION 2 – A Comparison of Available Deferral Methods | 2:20pm – 2:40pm

Not every fee deferral is structured the same way. This session compares the available deferral methods side by side, weighing how each affects timing, investment flexibility, and control over earnings — so attorneys can evaluate which approach best fits their practice and their fees.

SESSION 3 – Legal and Procedural Steps to Ensure Valid Deferral | 2:40pm – 3:00pm

A deferral only delivers its tax benefits if it is executed correctly. This session walks through the key actions needed to successfully defer taxes, explains why each step matters, and provides sample language attorneys can include in their own fee agreements to support a valid deferral.