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Tax-Smart Settlement Strategies: Minimizing Taxes for Plaintiffs and Plaintiff Attorneys (2026 Edition)

2025-12-15 13:00:00

2025-12-15 13:00:00

2 Credits

Tax strategies to minimize settlement taxation for plaintiffs and attorneys, including structured annuities, trusts, and fee deferral options.

2025-12-15 13:00:00

Tax strategies to minimize settlement taxation for plaintiffs and attorneys, including structured annuities, trusts, and fee deferral options.

2025-12-15 13:00:00

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Trusted by Legal Professionals

Course Overview

Tax-Smart Settlement Strategies for Plaintiffs

Participants will learn to minimize tax burdens on legal settlements using structured annuities, plaintiff recovery trusts, and attorney fee deferrals. These strategies can dramatically increase after-tax recovery for both clients and attorneys.

Key topics that will be covered

What will you learn

Attorneys will learn which settlements are taxable versus tax-exempt, how to use structured settlement annuities and plaintiff recovery trusts, and strategies for deferring contingency fees.

What will you gain

Attorneys will gain practical tools to dramatically improve after-tax outcomes for plaintiffs while converting their own taxable legal fees into tax-free or tax-deferred income.

Settlement Taxation
Settlements are taxable by default unless Section 104(a)(2) physical injury exclusion applies.
Double Tax Trap
Plaintiffs pay taxes on gross recovery including attorney fees under the Banks case.
Structured Annuities
Spreading settlement payments across tax years keeps plaintiffs in lower tax brackets.
Plaintiff Recovery Trust
PRTs eliminate taxation on attorney fee portions, potentially tripling after-tax recovery.
Attorney Deferrals
Contingency fee attorneys can defer fees using annuities or deferred compensation plans.
Executive Benefits
Executive benefit plans can convert contingency fees into tax-free income through insurance.

What will you learn

Attorneys will learn which settlements are taxable versus tax-exempt, how to use structured settlement annuities and plaintiff recovery trusts, and strategies for deferring contingency fees.

What will you gain

Attorneys will gain practical tools to dramatically improve after-tax outcomes for plaintiffs while converting their own taxable legal fees into tax-free or tax-deferred income.

Agenda

Session 1

Understanding Settlement Taxation Fundamentals and Key Exclusions

Session 2

Tax Pitfalls of Punitive Damages and Interest

Session 3

The Plaintiff Double Tax Trap Explained

Break

Break

Session 4

Reducing Plaintiff Taxes with Trusts and Annuities

Session 5

Tax Timing Control for Plaintiff Attorneys

Session 6

Converting Legal Fees to Tax-Free Attorney Income

clock 1:00 pm - 1:20 pm EST

Understanding Settlement Taxation Fundamentals and Key Exclusions

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

This session covers the default rules under IRC Section 61 and the critical exclusions under Section 104(a)(2) for personal physical injuries. Participants will learn how the origin of the claim doctrine determines taxability and which settlement types qualify for tax-free treatment.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 1:20 pm - 1:40 pm EST

Tax Pitfalls of Punitive Damages and Interest

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Explore the tax implications when cases go to trial, including the taxation of punitive damages and prejudgment interest. This session also addresses employment settlement considerations, including W-2 versus 1099 allocations and strategies for reducing taxable wage portions.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 1:40 pm - 2:00 pm EST

The Plaintiff Double Tax Trap Explained

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Learn how the Banks case requires plaintiffs to report gross recovery including attorney fees, and how the Tax Cuts and Jobs Act and One Big Beautiful Bill Act permanently eliminated deductions for legal fees. This session demonstrates how plaintiffs in taxable cases can lose up to 85% of their recovery to taxes.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 2:00 pm - 2:10 pm EST

Break

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

A short break to refresh before continuing with tax reduction strategies.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 2:10 pm - 2:30 pm EST

Reducing Plaintiff Taxes with Trusts and Annuities

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Discover how structured settlement annuities can spread income across tax years to keep clients in lower brackets, and how the Plaintiff Recovery Trust eliminates taxation on attorney fees entirely. Case studies demonstrate how combining these strategies can increase after-tax recovery by nearly 300%.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 2:30 pm - 2:50 pm EST

Tax Timing Control for Plaintiff Attorneys

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

This session explains how contingency fee attorneys can control the timing of fee receipt based on the Childs v. Commissioner decision. Learn the legal foundation that allows attorneys to defer income recognition and reduce tax burdens through strategic timing.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

clock 2:50 pm - 3:10 pm EST

Converting Legal Fees to Tax-Free Attorney Income

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Compare three powerful options for attorney fee deferral: structured settlement annuities, deferred compensation plans, and executive benefit plans using split-dollar insurance. Case studies show how attorneys can multiply the after-tax value of their fees by three to five times or more.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

01 07
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Greg Maxwell

Amicus Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Greg Maxwell

Amicus Settlement Planners

Greg Maxwell is an attorney, Certified Financial Planner, and settlement planner specializing in special-needs planning, government benefits planning, financial planning for settling plaintiffs, and income tax planning for attorneys.

Education & Credentials

2003 graduate of the Texas Tech University School of Law; Certified Financial Planner

Recognition & Leadership

Frequent speaker to local, state, and national trial lawyer organizations regarding settlement planning related topics

Professional Involvement

Past president and board member of the Society of Settlement Planners; member of the American Association for Justice, the Utah Association for Justice, the Financial Planning Association, and the American Bar Association

Experience

Partner in the law firm Amicus Law Firm; co-founded Amicus Settlement Planners in 2006; past president and board member of the Society of Settlement Planners

Greg Maxwell

Amicus Settlement Planners

Greg Maxwell is an attorney, Certified Financial Planner, and settlement planner specializing in special-needs planning, government benefits planning, financial planning for settling plaintiffs, and income tax planning for attorneys.

Education & Credentials

2003 graduate of the Texas Tech University School of Law; Certified Financial Planner

Recognition & Leadership

Frequent speaker to local, state, and national trial lawyer organizations regarding settlement planning related topics

Professional Involvement

Past president and board member of the Society of Settlement Planners; member of the American Association for Justice, the Utah Association for Justice, the Financial Planning Association, and the American Bar Association

Experience

Partner in the law firm Amicus Law Firm; co-founded Amicus Settlement Planners in 2006; past president and board member of the Society of Settlement Planners

Bryce Maxwell

Amicus Settlement Planners

Bryce Maxwell is a Certified Public Accountant (CPA) based in Amicus Settlement Planners’ Farmington, Utah office, where he focuses on developing tax-saving strategies for plaintiffs. His work centers on helping individuals reduce tax liabilities through approaches such as structured settlement annuities and Plaintiff Recovery Trusts. Prior to joining Amicus, Bryce held significant accounting and finance roles across major organizations, including Ernst & Young (EY), Rio Tinto, and Cottonwood Residential, where he gained extensive experience in financial management, accounting operations, and strategic planning.

Education & Credentials

Bryce Maxwell is a Certified Public Accountant (CPA) and holds a Master of Accountancy (MAcc) from the Marriott Business School at Brigham Young University. He also earned a Bachelor of Science degree from Brigham Young University in Accounting and Information Systems.

Recognition & Leadership

Bryce Maxwell has held leadership roles throughout his career, including serving as a manager at Ernst & Young, Assistant Controller at Rio Tinto, and Director of Accounting at Cottonwood Residential, a $2.5 billion real estate investment trust. These positions reflect his leadership in accounting, financial oversight, and strategic financial operations.

Professional Involvement

Bryce Maxwell is actively involved in advising plaintiffs and legal professionals on tax-efficient recovery strategies, including structured settlement annuities and Plaintiff Recovery Trusts. Through his role at Amicus Settlement Planners, he contributes to the integration of financial and tax planning within legal settlements to help optimize outcomes for plaintiffs.

Experience

Bryce Maxwell’s experience includes his current role at Amicus Settlement Planners, where he specializes in tax-saving strategies for plaintiffs, particularly through structured settlements and recovery trusts. Previously, he worked as a manager at Ernst & Young, one of the Big Four accounting firms, as an Assistant Controller at Rio Tinto, one of the world’s largest metals and mining corporations, and as Director of Accounting at Cottonwood Residential, a multi-billion-dollar real estate investment trust. Across these roles, he developed expertise in accounting, financial management, and strategic planning, which he now applies to helping plaintiffs reduce tax liabilities.

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