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

Tuition: $395.00
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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 BabenerJeremy 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

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Arizona

Approved for CLE Credits
1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 Ethics

Colorado

Pending CLE Approval
1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 Ethics

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 Ethics

Hawaii

Approved for CLE Credits
1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 Ethics

Idaho

Pending CLE Approval
1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
1 Ethics

Kansas

Pending CLE Approval
1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 Ethics

Louisiana

Pending CLE Approval
1 Ethics

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 Ethics / Professionalism

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 Ethics

Missouri

Approved for CLE Credits
1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Pending CLE Approval
1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 Ethics

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 Ethics / Professionalism

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 Ethics / Professionalism

Nevada

Pending CLE Approval
1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 Professional Conduct

Oklahoma

Pending CLE Approval
1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 Ethics

Pennsylvania

Approved for CLE Credits
1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Pending CLE Approval
1 Dual

Texas

Pending CLE Approval
1 Ethics / Professionalism

Utah

Pending CLE Approval
1 Ethics / Professionalism

All courses accredited in Utah must include both ethics credits.
Virginia

Not Eligible
1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 Ethics

Washington

Approved via Attorney Submission
1 Ethics

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 Ethics

West Virginia

Pending CLE Approval
1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 Ethics / Professionalism

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