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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

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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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.

Settlement Taxation

Identify taxable versus tax-exempt settlement categories.

Double Taxation

Avoid the plaintiff double tax trap.

Recovery Trusts

Implement plaintiff recovery trusts for savings.

Fee Deferral

Convert attorney fees into tax-deferred income.

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.

Settlement Taxation

Identify taxable versus tax-exempt settlement categories.

Double Taxation

Avoid the plaintiff double tax trap.

Recovery Trusts

Implement plaintiff recovery trusts for savings.

Fee Deferral

Convert attorney fees into tax-deferred income.

Why Attend

Why this 
program matters

Understanding settlement taxation rules protects plaintiff attorneys from malpractice exposure while ensuring clients retain maximum after-tax recovery from their legal claims.
100%
Plaintiffs in contingent fee cases must report 100% of their recoveries as gross income, including attorney fees paid directly to counsel, per the U.S. Supreme Court’s Banks ruling. (American Bar Association, Business Law Today)
$42B
Class action and government enforcement lawsuits garnered more than $42 billion in settlements in 2024, the third consecutive year exceeding $40 billion. (Duane Morris Class Action Review, 2025)
$9.8B
A record $9.8 billion of settlement proceeds were placed in structured settlement annuities in 2024, a 58% increase from 2022. (National Structured Settlement Trade Association via Forbes)
33%
The industry standard contingency fee for personal injury cases hovers between 33% and 40% of the total recovery, with 33% being the most common benchmark. (American Bar Association)

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

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.

Plans

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Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
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Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

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 is a Certified Public Accountant (CPA) specializing in tax-saving strategies for plaintiffs, with expertise in structured settlement annuities and Plaintiff Recovery Trusts to help plaintiffs reduce their tax liabilities.

Education & Credentials

Master of Accountancy (MAcc) from the Marriott Business School at Brigham Young University; B.S. from Brigham Young University in Accounting & Information Systems; Certified Public Accountant (CPA)

Experience

Prior to joining Amicus, worked at Ernst & Young (EY) as a manager, at Rio Tinto as an Assistant Controller (world's second largest metals & mining corporation), and at Cottonwood Residential as the Director of Accounting (a $2.5 Billion dollar Real Estate Investment Trust)

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