The process of applying for and receiving post-settlement funding is straight-forward and quick for those who follow the funder’s guidelines. However, once a law firm gets the money, attorneys often are concerned about what happens if their settlement is held up longer than expected or if other issues come up. An attorney does have some […]
Post-settlement legal funding is typically available in a wide-variety of cases. Any type of contingency fee case can meet the requirements for funding as long as the funder can underwrite the paying obligor; there is a written settlement agreement; and the legal fee arrangement is clearly spelled out between the client and lawyer. However, a […]
Confidentiality provisions in settlement agreements can often come back to haunt plaintiffs. As discussed in a previous post, an inadvertent breach of confidentiality could cost a plaintiff his/her settlement. Similarly, a confidentiality clause could result in tax liability for the plaintiff effectively reducing his/her recovery. In Amos v. Commissioner of Internal Revenue, T.C. Memo. 2003-329 […]
No plaintiff ever asks for a Confidentiality Provision to be part of their settlement agreement. That is a defense-driven device that could cost plaintiffs their settlements. Case in point —Gulliver Schools, Inc. et al. v. Patrick Snay, Third DCA Florida (February 26, 2014). In that case, Snay had been a Headmaster at Gulliver Schools, which […]
As if it weren’t tough enough nowadays to settle lawsuits with insurance companies, now they are using the pretense that there may be a Medicare lien to delay paying you your settlement. Insurance companies are using several delaying tactics which leave plaintiffs’ attorneys and their clients in limbo waiting for settlement checks for as long […]
Personal injury attorneys often struggle with managing their cash flow because of the burden of paying litigation costs upfront while waiting for settlement checks to come in. Most plaintiffs’ attorneys feel like the fees they earn when they settle a case go to covering costs for their clients on the next case and there is […]
