Litigation

What goes on in those "smoke filled rooms"?

From an email entitled "Plaintiffs only structured attorney fees" obtained today by this author that was sent by one lawyer (and via the list serve copied to a dedicated email address at a state trial lawyer association) to many others:

"Below is a link to a very informative article written by tax attorney, Robert Wood, regarding structuring attorney fees.  If you?re interested in fee deferral, please contact (name of settlement firm) they are a partner...and we should support them ? they contribute 60K+/yr to (name of trial lawyer association)"  

Readers should note that as a practical matter the only lawyers than can structure attorney fees are lawyers representing plaintiffs, whether or not they can characterize their practice as plaintiff only. For example a lawyer who does some defense work in addition to plaintiff work has the opportunity to structure his or her fees on the plaintiff cases.

The above email speaks to the "willingness to discern" by certain trial lawyers in choosing vendors and the resulting perceived commoditization of structured settlement services by those who choose to pay the premium. There is nothing more to say really except to suggest one be mindful of this:

"However, where, as here, an agent or broker advertises that the agent or broker makes contributions to a not-for-profit organization of concern and interest to potential purchasers of insurance or annuities, such conduct constitutes an illegal inducement to purchase insurance that runs afoul of Insurance Law § 4224. Nor may an agent or broker evade the prohibition set forth in the Insurance Law by enlisting the aid of the not-for-profit organization to do what the agent or broker cannot do lawfully".

From the Office of General Counsel of The New York State Insurance Department in a September 24, 2007 published opinion

The same scenario is playing out in more than one state. Plaintiffs be forewarned of the potential biases!