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Contingent Fee Deferral: Strategies & Options

Tax strategies for plaintiff attorneys to defer contingent fees, including implementation steps, compliance requirements, and IRS considerations.

2025-09-05 14:00:00

Program Details

2025-09-05 14:00:00

2025-09-05 14:00:00

1h CLE Credits

Program Details

2025-09-05 14:00:00

Program Details

2025-09-05 14:00:00

Over 1,000+ webinars

2025-09-05 14:00:00

Course Overview

Maximizing Tax-Deferred Contingent Fee Strategies

2025-09-05 14:00:00

Participants will learn how to implement compliant fee deferral arrangements that provide significant tax advantages. These strategies can effectively double investment returns while protecting both attorneys and clients.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Tax Benefits
Fee deferral provides reduced taxable income and pre-tax investment growth.
02
Deferral Options
Three categories exist: qualified cases, non-qualified cases, and market-based programs.
03
Double Tax
Plaintiff Recovery Trusts solve the double tax problem in taxable cases.
04
Timing Rules
Structured fee arrangements must be established before signing the settlement agreement.
05
Engagement Language
Retainer agreements must include specific language deferring fee entitlement obligations.
06
IRS Compliance
Avoid borrowing capabilities, debt forgiveness, and excessive investment control in arrangements.

Program schedule

clock 2:00 pm - 2:20 pm EST

Tax Advantages of Deferring Contingent Legal Fees

Explore how fee deferral operates like a 401(k), providing reduced taxable income and pre-tax investment growth. Learn how structuring a $500,000 fee can effectively double your investment returns compared to taking immediate payment.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:20 pm - 2:40 pm EST

Comparing Structured Fee and Deferral Options

Examine the three categories of fee deferral arrangements: structured fees for qualified physical injury cases, non-qualified taxable cases, and market-based deferral programs. Understand the double tax problem in taxable cases and how Plaintiff Recovery Trusts can protect your clients.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:40 pm - 3:00 pm EST

Protecting Your Contingent Fee Deferral Arrangement

Master the critical timing requirements and essential engagement agreement language needed to secure your deferral. Review current IRS scrutiny, compliant arrangement attributes, and how qualified settlement funds can streamline the entire process.

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
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

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
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
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
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
Approved
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