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Attorney Fee Deferral: Avoiding Spikes and Maximizing Flexibility

Take a contingent fee all at once and the tax spike can swallow much of it. Learn how fee deferral lowers current-year tax, compare the available deferral methods, discover the steps that keep a deferral valid, and take home sample agreement language.

2026-09-17 14:30:00

1 hours

Program Details

2026-09-17 14:30:00

2026-09-17 14:30:00

1h CLE Credits

2026-09-17 14:30:00

1 hours

Program Details

2026-09-17 14:30:00

Program Details

2026-09-17 14:30:00

Over 1,000+ webinars

2026-09-17 14:30:00

1 hours

Course Overview

The biggest fee of your career can create the biggest tax bill of your career

2026-09-17 14:30:00

Deferring receipt of a contingent fee can deliver major tax benefits by lowering current-year tax obligations and delaying taxation on any investment growth. By postponing income, lawyers gain flexibility in how they invest and manage their earnings. This session outlines the key actions needed to successfully defer taxes, explains why those steps matter, and provides sample language to include in your agreements.

Take the full fee now, and the entire amount is taxed in a single year. Defer it properly, and the lawyer decides when the income arrives — and gains flexibility in how it is invested and managed in the meantime. But a deferral is only as good as its execution. Skip a required step, and the arrangement can fail. Get the agreement language wrong, and the tax benefit can disappear.

This session outlines the key actions needed to defer taxes successfully, explains why each step matters, and compares the available deferral methods side by side. Attendees walk out with the legal and procedural steps for a valid deferral — and sample language to include in their own fee agreements.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Deferral Tax Advantages
How deferring receipt of a contingent fee lowers your current-year tax obligations.
02
Deferring Investment Growth
Why postponed fees delay taxation on any investment growth until the income is actually received.
03
Comparing Deferral Methods
How the available deferral methods stack up against one another, and how to choose among them.
04
Valid Deferral Steps
The legal and procedural steps that must be completed for a deferral to hold up.
05
Sample Agreement Language
The provisions to include in your fee agreements to support the deferral, with sample language provided.
06
Investment Flexibility
How postponing income gives lawyers more flexibility in how they invest and manage their earnings.

Program schedule

clock 2:30 pm - 2:50 pm EST

Tax Advantages of Contingent Fee Deferral

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.

Jeremy BabenerJeremy Babener
Kent HansenKent Hansen
clock 2:50 pm - 3:10 pm EST

A Comparison of Available Deferral Methods

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.

Jeremy BabenerJeremy Babener
Kent HansenKent Hansen
clock 3:10 pm - 3:30 pm EST

Legal and Procedural Steps to Ensure Valid Deferral

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.

Jeremy BabenerJeremy Babener
Kent HansenKent Hansen
Jeremy Babener

Jeremy Babener

Structured Legal

Kent Hansen

Kent Hansen

Structured Legal

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.
Kent Hansen

Kent Hansen

Structured Legal

Kent Hansen is a settlement planner and attorney based in Logan, Utah, who focuses on advising plaintiffs and plaintiff attorneys on the tax treatment of settlements and strategies to maximize settlement value. Through his work at Structured Legal, he provides guidance on structuring outcomes to achieve optimal financial results. In addition to his legal practice, he serves as a consultant for Structured Consulting, where he assists settlement planners in identifying key issues and implementing value-driven arrangements.

Education & Credentials

Kent Hansen holds a law degree from Texas Tech University School of Law, along with a master’s degree in Personal Financial Planning from Texas Tech University. He also earned a bachelor’s degree in History from Utah State University and is licensed to practice law in Utah (#14668).

Recognition & Leadership

He currently serves as a board member of the Estate Planning Council of Northern Utah and previously held a board position with the Society of Settlement Planners, reflecting his leadership and involvement within professional organizations related to his field.

Professional Involvement

Kent is actively engaged in the settlement planning community through his roles with Structured Legal and Structured Consulting, where he collaborates with attorneys and other professionals to address settlement-related financial and tax considerations and to enhance planning strategies.

Experience

His experience centers on settlement planning, where he advises on tax implications and develops strategies to maximize settlement outcomes for plaintiffs. Additionally, his consulting work involves supporting settlement planners in issue-spotting and structuring arrangements designed to create greater value in settlement scenarios.
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.
Kent Hansen

Kent Hansen

Structured Legal

Kent Hansen is a settlement planner and attorney based in Logan, Utah, who focuses on advising plaintiffs and plaintiff attorneys on the tax treatment of settlements and strategies to maximize settlement value. Through his work at Structured Legal, he provides guidance on structuring outcomes to achieve optimal financial results. In addition to his legal practice, he serves as a consultant for Structured Consulting, where he assists settlement planners in identifying key issues and implementing value-driven arrangements.

Education & Credentials

Kent Hansen holds a law degree from Texas Tech University School of Law, along with a master’s degree in Personal Financial Planning from Texas Tech University. He also earned a bachelor’s degree in History from Utah State University and is licensed to practice law in Utah (#14668).

Recognition & Leadership

He currently serves as a board member of the Estate Planning Council of Northern Utah and previously held a board position with the Society of Settlement Planners, reflecting his leadership and involvement within professional organizations related to his field.

Professional Involvement

Kent is actively engaged in the settlement planning community through his roles with Structured Legal and Structured Consulting, where he collaborates with attorneys and other professionals to address settlement-related financial and tax considerations and to enhance planning strategies.

Experience

His experience centers on settlement planning, where he advises on tax implications and develops strategies to maximize settlement outcomes for plaintiffs. Additionally, his consulting work involves supporting settlement planners in issue-spotting and structuring arrangements designed to create greater value in settlement scenarios.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
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

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Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
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Approved
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Approved
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Approved
California
Approved
Colorado
Pending
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Approved
Delaware
Pending
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No Required
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Approved
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Pending
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Approved
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Pending
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Approved
Indiana
Approved
Iowa
Pending
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Pending
Kentucky
Pending
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Pending
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Pending
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No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
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Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
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Pending
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No Required
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Approved
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Approved
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Pending
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Approved
Virginia
Not Eligible
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Approved
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Pending
Wisconsin
Pending
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