Settlement Ethics in Personal Injury Cases

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 and 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 and 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 | 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 and 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 and 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.

SESSION 1 – ABA Model Rules and State Rulings Interpreting Such Rules | 2:00pm – 2:15pm

Ethical obligations arising when PI settlements intersect with tax, financial, and public-benefit issues. Review of key ABA Model Rules—including Rules 1.0, 1.2, 1.4, and 2.1—and state interpretations, gaining practical guidance on recognizing risks, applying duties, and involving other professionals appropriately.

SESSION 2 – Best Practices for Informed Consent and Referring Clients | 2:15pm – 2:30pm

This session explores ethical requirements for obtaining informed consent and making professional referrals when settlement issues extend beyond an attorney’s expertise. Participants will learn strategies for communicating scope limits, documenting consent, and connecting clients with qualified tax, financial, or benefits professionals.

SESSION 3 – Defining and Narrowing the Scope of Legal Services | 2:30pm – 2:45pm

This session examines how attorneys can ethically define and limit the scope of representation in personal injury settlements involving financial or benefits issues. Participants will learn to structure limited-scope services, communicate boundaries clearly, and document limitations while maintaining compliance with professional responsibility rules.

SESSION 4 – Risks and Opportunities Tied to Taxes and Finances at Settlement | 2:45pm – 3:00pm

This session explores financial risks and planning opportunities in personal injury settlements, including tax implications, structured settlements, and public-benefit eligibility. Participants will learn to identify issues early, communicate them effectively, and recognize when additional planning or professional input may protect clients’ financial outcomes.