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Settlement Ethics in Personal Injury Cases

Master the ethical, tax, and financial complexities of personal injury settlements. Gain practical tools to protect clients, limit liability, and make confident referral decisions.

2026-05-14 14:00:00

1 hours

Program Details

2026-05-14 14:00:00

2026-05-14 14:00:00

1h CLE Credits

2026-05-14 14:00:00

1 hours

Program Details

2026-05-14 14:00:00

Program Details

2026-05-14 14:00:00

Over 1,000+ webinars

2026-05-14 14:00:00

1 hours

Course Overview

Settlement Ethics in Personal Injury Cases

2026-05-14 14:00:00

Personal injury settlements can carry significant tax, financial, and public-benefit consequences for clients. As expectations around attorney’s responsibility evolve, plaintiff lawyers must recognize when these issues arise and how to properly address them. This CLE explores the ethical framework governing scope of representation, informed consent, and referrals to financial or tax professionals. This program explores the ethical responsibilities attorneys face when advising clients on settlement decisions that may involve tax consequences, financial planning concerns, or public-benefit implications. Participants will learn how to apply ABA ethical rules in these situations, identify potential tax exposure and financial issues that may arise from settlements, and implement best practices for limiting the scope of representation through informed client consent. The program will also address when referrals to tax, financial, or benefits professionals are appropriate and how to make those referrals while maintaining ethical compliance and protecting client interests.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Ethical duties in settlement planning
Examine how professional responsibility rules apply when settlement decisions involve financial, tax, or benefits considerations during case resolution.
02
Tax implications of personal injury settlements
Review common tax issues in settlement distributions and how different types of damages may be treated.
03
Scope limitation
Ethically limit representation when financial or tax advice exceeds attorney expertise.
04
Obtaining informed client consent
Discuss best practices for explaining legal services, risks, and representation limits to ensure meaningful client consent.
05
Defining and limiting the scope of representation
Analyze how attorneys can ethically limit services when financial or tax advice falls outside their expertise.
06
Making ethical referrals to other professionals
Consider when referrals to tax advisors, financial planners, or benefits specialists are appropriate to support client needs.

Program schedule

clock 2:00 pm - 2:15 pm EST

ABA Model Rules and State Rulings Interpreting Such Rules

Ethical obligations arising when PI settlements intersect with tax, financial, and public-benefit issues. Review of key ABA Model Rules—including Rules 1.0, 1.2, 1.4, and 2.1—and state interpretations, gaining practical guidance on recognizing risks, applying duties, and involving other professionals appropriately.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:15 pm - 2:30 pm EST

Best Practices for Informed Consent and Referring Clients

This session explores ethical requirements for obtaining informed consent and making professional referrals when settlement issues extend beyond an attorney’s expertise. Participants will learn strategies for communicating scope limits, documenting consent, and connecting clients with qualified tax, financial, or benefits professionals.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:30 pm - 2:45 pm EST

Defining and Narrowing the Scope of Legal Services

This session examines how attorneys can ethically define and limit the scope of representation in personal injury settlements involving financial or benefits issues. Participants will learn to structure limited scope services, communicate boundaries clearly, and document limitations while maintaining compliance with professional responsibility rules.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:45 pm - 3:00 pm EST

Risks and Opportunities Tied to Taxes and Finances at Settlement

This session explores financial risks and planning opportunities in personal injury settlements, including tax implications, structured settlements, and public-benefit eligibility. Participants will learn to identify issues early, communicate them effectively, and recognize when additional planning or professional input may protect clients’ financial outcomes.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
Jeremy Babener

Jeremy Babener

Structured Legal

Peter Darling

Peter Darling

Structured Consulting

Jeremy Babener

Jeremy Babener

Structured Legal

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 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 & 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 & 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 tax-efficient financial strategies, and negotiating settlement terms with defense teams.
Peter Darling

Peter Darling

Structured Consulting

Peter Darling is a settlement advisor and a former attorney. He helps plaintiffs and trial lawyers craft tax-efficient, financially beneficial and strategic settlement strategies. With a career which spans over two decades, Peter’s work incorporates expertise in law, business development, strategy and marketing. He began his career as an advertising copywriter under Peter Arnell at Arnell/Bickford Associates, contributing to major campaigns for clients like Donna Karan and Lifetime Television and winning the J. Walter Thompson copywriting competition. After earning his J.D. from the University of Pennsylvania Law School, he practiced commercial litigation before co-founding Flycast Communications.

Education & Credentials

Peter Darling earned his J.D. from the University of Pennsylvania Law School and holds a B.A. with honors in English Literature from Swarthmore College. He is also a certified Kauffman FastTrac trainer, reflecting his expertise in entrepreneurship and business development. His academic and professional background combines legal training with strategic and business-focused education.

Recognition & Leadership

Peter has built a distinguished career spanning law, business, and strategic consulting. He was part of the founding teams of multiple venture-backed companies, including Flycast Communications, which grew to more than 350 employees, went public, and was later sold for $750 million. His leadership experience extends across startups, consulting, and the legal industry.

Professional Involvement

Throughout his career, Peter has worked with companies and professional service firms across Asia, Europe, and North America. He has advised leading law firms and advertising agencies on strategy, marketing, and business development. In addition to consulting, he is an active trainer, speaker, and published author in the legal and consulting sectors.

Experience

Peter is a settlement advisor and former litigation attorney who helps plaintiffs and trial lawyers develop tax-efficient and financially strategic settlement approaches. His work draws on more than two decades of experience spanning litigation, entrepreneurship, and consulting. By combining legal knowledge with strategic and financial insight, he helps attorneys craft settlement strategies that maximize long-term client outcomes.
Jeremy Babener

Jeremy Babener

Structured Legal

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 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 & 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 & 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 tax-efficient financial strategies, and negotiating settlement terms with defense teams.
Peter Darling

Peter Darling

Structured Consulting

Peter Darling is a settlement advisor and a former attorney. He helps plaintiffs and trial lawyers craft tax-efficient, financially beneficial and strategic settlement strategies. With a career which spans over two decades, Peter’s work incorporates expertise in law, business development, strategy and marketing. He began his career as an advertising copywriter under Peter Arnell at Arnell/Bickford Associates, contributing to major campaigns for clients like Donna Karan and Lifetime Television and winning the J. Walter Thompson copywriting competition. After earning his J.D. from the University of Pennsylvania Law School, he practiced commercial litigation before co-founding Flycast Communications.

Education & Credentials

Peter Darling earned his J.D. from the University of Pennsylvania Law School and holds a B.A. with honors in English Literature from Swarthmore College. He is also a certified Kauffman FastTrac trainer, reflecting his expertise in entrepreneurship and business development. His academic and professional background combines legal training with strategic and business-focused education.

Recognition & Leadership

Peter has built a distinguished career spanning law, business, and strategic consulting. He was part of the founding teams of multiple venture-backed companies, including Flycast Communications, which grew to more than 350 employees, went public, and was later sold for $750 million. His leadership experience extends across startups, consulting, and the legal industry.

Professional Involvement

Throughout his career, Peter has worked with companies and professional service firms across Asia, Europe, and North America. He has advised leading law firms and advertising agencies on strategy, marketing, and business development. In addition to consulting, he is an active trainer, speaker, and published author in the legal and consulting sectors.

Experience

Peter is a settlement advisor and former litigation attorney who helps plaintiffs and trial lawyers develop tax-efficient and financially strategic settlement approaches. His work draws on more than two decades of experience spanning litigation, entrepreneurship, and consulting. By combining legal knowledge with strategic and financial insight, he helps attorneys craft settlement strategies that maximize long-term client outcomes.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs