Settlement Planning Tips for Personal Injury Attorneys - podcast cover

Settlement Planning Tips for Personal Injury Attorneys

Amicus Settlement Plannerswww.amicusplanners.com

The Settlement Planning Tips for Personal Injury Attorneys podcast helps PI lawyers navigate the unique legal and financial issues that arise near the settlement of a PI case.

Each week, join Greg Maxwell, JD, CFP® of Amicus Settlement Planners, as he answers commonly asked questions and shares practical pointers to maximize the client's recovery while minimizing the lawyer's liability.

This attorney-to-attorney podcast discusses government benefits planning, special needs trusts, structured settlement annuities, lien resolution, Medicare Secondary Payer Act compliance, income tax reduction strategies for attorneys, and more!

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Episodes

How to Reduce Income Taxes and Build Wealth Using Your Contingent Fees

To schedule a 30-minute call with Greg Maxwell, please visit: https://go.oncehub.com/call-with-greg-maxwell In this special episode, attorney Greg Maxwell shares a powerful tax planning strategy that allows plaintiff attorneys to significantly reduce their income taxes by deferring their contingent legal fees. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. — Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠...

Jan 15, 202440 minEp. 100

How Employment Attorneys Can Dramatically Increase Their Clients After-Tax Net Recovery

To schedule a 30-minute call with Greg Maxwell, please visit: https://go.oncehub.com/Greg30MinCall In this special episode, attorney Greg Maxwell shares with attorneys a powerful tax planning strategy that can significantly increase their client’s after-tax net recovery while providing them with liability protection and peace of mind. Tune in to learn how this strategy can benefit both clients and attorneys in employment and labor law cases. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@A...

Nov 26, 202320 minEp. 99

Taxable Damages Cases: How Plaintiff Attorneys Can Double (or Triple) Their Client's After-Tax Net Recovery

To schedule a 30-minute call with Greg Maxwell, please visit: https://go.oncehub.com/Greg30MinCall Since the Tax Cuts and Jobs Act of 2017, plaintiffs have been taxed on the full gross recovery in cases not based on personal injury (including the attorney fees). We call this the Plaintiff Double Tax Trap. This special episode shares a powerful tax planning strategy that can help clients avoid paying the Plaintiff Double Tax Trap — which can double or triple the client's after-tax net recovery. C...

Nov 06, 202342 minEp. 98

Options to Protect Your Client's Medicaid / SSI

Plaintiff attorneys often ask us what the options are for clients to maintain needs-based government benefits after receiving a settlement. In this episode, Greg Maxwell outlines the four main options available to clients on needs-based benefits, discusses the differences between them, and when each of the options may make sense for the client. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury...

Nov 15, 20215 minEp. 97

How to Establish a Structured Settlement Annuity For Your Client

A structured settlement annuity can be an excellent option for a client receiving a settlement from a personal injury. In this episode, Greg Maxwell outlines the process of establishing a structured settlement annuity for a settling client. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys nationwide and learn how to ...

Nov 08, 20213 minEp. 96

How to Help a Past Client Get the Best Deal if They Want to Sell Their Annuity

If a past client finds themselves in a situation where they may need/want immediate access to cash, it's not uncommon for them to be tempted by predatory factoring companies. (Think of the commercials with the singing, dancing Vikings...) In this episode, Greg Maxwell discusses how attorneys can help a client who has decided to sell their future annuity payment get the best possible deal. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this...

Nov 01, 20213 minEp. 95

Tax Planning Tips for Personal Injury Attorneys

In addition to the typical tax planning strategies recommended to most business owners (e.g., 401(k), IRAs, etc.), personal injury attorneys have access to some powerful tax planning options that are unique to contingency fee-based attorneys. In this episode, Greg Maxwell shares how contingency fee-based attorneys can defer their taxes and grow their wealth using both traditional options and the unique options available to them. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners...

Oct 25, 20213 minEp. 94

How to Choose a Trustee for a Settlement Protection Trust or a Special Needs Trust?

When we work with a client to set up a settlement trust, one of the most important decisions we make with the client is helping them choose the trustee of the trust. In this episode, Greg Maxwell discusses the two most common trustee options, outlines the important differences between the two, and gives some guidance on what we typically recommend. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal In...

Oct 18, 20215 minEp. 93

The Difference Between a Structured Settlement and a Fixed Income Annuity

For clients in a low-income tax bracket, not every client necessarily needs the tax benefits that a structured settlement annuity provides. In some cases, a fixed income annuity may be the better option (due to higher long-term rates of return). In this episode, Greg Maxwell talks about the differences between a structured settlement annuity and a fixed income annuity, and the situations when one tool may make more sense for your clients. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@Amic...

Oct 11, 20214 minEp. 92

Fee Deferral Best Practices for Growing Wealth Successfully

We work with contingency fee-based attorneys nationwide to help them establish deferred compensation plans. In this episode, Greg Maxwell shares the specific planning approach that has yielded the best results for our clients. (Hint: it doesn't involve waiting for the "big one" to defer fees). Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group ...

Oct 04, 20214 minEp. 91

When to Recommend a Special Needs Trust for a Settling Client

A special needs trust is a valuable settlement tool — but may not be an available or viable option for many clients. In this episode, Greg Maxwell discusses when it may make sense to recommend a special needs trust to a settling client. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys nationwide and learn how to grow...

Sep 27, 20213 minEp. 90

The Benefits of a Structured Settlement Annuity

One of the main benefits of using a structured settlement annuity with a personal injury client is the annuity provides dissipation protection. In this episode, Greg Maxwell talks about why dissipation protection is so important — and he shares some of the other benefits a structured settlement annuity offers. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join ou...

Sep 20, 20214 minEp. 89

What are the Differences Between a 401k Plan and a Deferred Compensation Plan?

We often get asked by attorneys whether they should max out their 401(k) plan or instead establish and fund a deferred compensation plan. In this episode, Greg Maxwell discusses the differences between a 401(k) plan and a deferred compensation plan for attorneys, and why we think it's smart to have both. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Face...

Sep 13, 20214 minEp. 88

What Is the Difference Between a Special Needs Trust and an ABLE Account?

Special needs trusts and ABLE Accounts provide similar benefits, but there are some key differences. In this episode, Greg Maxwell discusses the differences between special needs trusts and ABLE accounts, and when to consider one (or both) for your client. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys nationwide a...

Sep 06, 20213 minEp. 87

What Happens When a Past Client Decides to Sell Their Annuity?

In some cases, clients who have set up structured settlement annuities are marketed to about selling their future payments in exchange for a lump sum. These deals are rarely a good idea for clients. In this episode, Greg Maxwell shares what can be done to advise and protect clients interested in pursuing a factoring transaction. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebo...

Aug 30, 20213 minEp. 86

How to Defer Contingent Legal Fees Using Two Different Funding Vehicles

When deferring contingent legal fees, attorneys have the option to use either a structured settlement annuity or a deferred compensation plan as the funding vehicle. In this episode, Greg Maxwell talks about the process of deferring fees using these two funding vehicles and the differences between them. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Faceb...

Aug 23, 20214 minEp. 85

What Are the Special Needs Trust Distribution Guidelines?

A special needs trust cannot pay for expenses that SSI is already paying for; otherwise, a beneficiary can use the funds in their special needs trust to pay for nearly anything that the beneficiary may need. In this episode, Greg Maxwell talks more about the distribution guidelines of special needs trusts. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Fa...

Aug 16, 20213 minEp. 84

Are Structured Settlement Annuities Taxable?

One of the most common questions we get from settling plaintiffs is this: "If I choose a structured settlement annuity for all or a portion of my settlement, are the future payments taxable?" In this episode, Greg Maxwell discusses the code sections regarding structured settlement annuities and the preferential tax treatment if certain conditions are met. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Pers...

Aug 09, 20212 minEp. 83

How to Use Deferred Compensation Plans to Attract and Retain Key Associates

Many attorneys struggle to attract and retain key associates without having to give up equity in their firm. In this episode, Greg Maxwell discusses how attorneys can use deferred compensation plans as an incentive ("golden handcuffs") to retain key associates. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys nationw...

Aug 02, 20213 minEp. 82

How to Protect Clients From a Large Tax Bill in Taxable Damage Cases

Plaintiffs in taxable damage cases are often left with a large tax bill as a result of their settlement (due to changes from the Trump tax laws). In this episode, Greg Maxwell shares how attorneys can help mitigate their client's tax liability in taxable damages cases. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys...

Jul 26, 20213 minEp. 81

How Can Attorneys Protect Clients with Annuities from Factoring Companies?

Factoring companies ("cash now" companies) often prey on injury settlement recipients and convince them to sell their future annuity payments. In this episode, Greg Maxwell discusses how attorneys can protect their clients from these predatory factoring companies. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect with attorneys nati...

Jul 19, 20213 minEp. 80

This Tax Law Allows Personal Injury Attorneys to Defer Their Legal Fees

Unlike other professionals (or even other lawyers), personal injury attorneys have the unique ability to defer their legal fees to future tax years. In this episode, Greg Maxwell shares the case law that allows for contingency fee-based attorneys to defer fees. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠— Join the Personal Injury Attorney Facebook Grou...

Jul 12, 20213 minEp. 79

Who Is Eligible for a Special Needs Trust?

A special needs trust is a great solution to help personal injury settlement recipients keep their Medicaid and SSI benefits after receiving a settlement. In this episode, Greg Maxwell outlines the eligibility requirements for a special needs trust. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join ou...

Jul 05, 20213 minEp. 78

Flow of 1099s When Using a Deferred Compensation Plan

When we work with attorneys to establish their deferred compensation plans, they often ask us how to handle IRS Form 1099s. This episode outlines the typical flow of 1099 forms when a plaintiff attorney defers contingent legal fees into a deferred compensation plan. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠— Join the Personal Injury Attorney Facebook...

Jun 28, 20212 minEp. 77

An Outsourced Solution to Government Benefits Planning

In this episode, Greg Maxwell outlines the benefits of our proprietary Government Benefit Assessment. The Assessment allows your firm to outsource government benefits planning issues to our firm — all at no cost to your firm. In short, our goal is to make sure that a client's settlement doesn't jeopardize their ongoing eligibility for needs-based government benefits, and it removes this hassle from your firm. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any...

Jun 21, 20215 minEp. 76

When to Consider Using a Qualified Settlement Fund

This episode shares when it may make sense for plaintiff attorneys to use a Qualified Settlement Fund (QSF). A QSF can be an excellent settlement tool that benefits all parties involved in the case: the plaintiff attorneys, the defendants, and the clients. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠— Join the Personal Injury Attorney Facebook Group ⁠— ...

Jun 14, 20214 minEp. 75

Exploring the Line of Credit Feature of Deferred Compensation Plans

One concern we hear from plaintiff attorneys who place funds into a private deferred compensation plan is this: "What if I need access to funds more quickly than the deferred compensation plan allows?" In this episode, Greg Maxwell outlines the ability to establish a line of credit with the deferred compensation program administrator to fund immediate cash flow needs. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— ...

Jun 07, 20212 minEp. 74

Navigating Medicare: Plaintiff Attorney Obligations When Settling a Case

Settling a case for a client who receives Medicare presents particular challenges and potential pitfalls. In this episode, Greg Maxwell discusses navigating Medicare's past and future interests in a client's settlement. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Podcast ⁠— https://amicus.llc/review ⁠— Join the Personal Injury Attorney Facebook Group ⁠— Join our Facebook group to connect wi...

May 31, 20213 minEp. 73

Annuity Alternatives to Structured Settlements

In personal injury settlement, structured settlement annuities are one of the most commonly used settlement planning tools. However, there are annuities — other than structured settlement annuities — that are available to settling clients. In some situations, using a fixed indexed annuity or equity-indexed annuities may make more sense (particularly in our historically low interest-rate environment). Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any question...

May 24, 20214 minEp. 72

Using Deferred Compensation Plans as a Wealth Transfer Tool

A common question that we receive about attorney deferred compensation plans is: "What happens to the funds in my plan when I pass away?" In this episode, Greg Maxwell explores the different planning opportunities that deferred compensation plans allow at the time of your death, including the ability to use your plan as a wealth transfer tool. Contact Greg Maxwell at (801) 683-7362 or at Maxwell@AmicusPlanners.com if you have any questions about this podcast episode. ⁠— Rate & Review the Pod...

May 17, 20213 minEp. 71
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