ARTICLES

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Browse Articles We've Written on our Different Areas of Practice

Settling Cases for Clients Receiving Medicaid or Other Needs-based Benefits

Plaintiff attorneys need to be aware that by disbursing settlement funds to their clients they could be jeopardizing their client’s current and future needs-based public benefits, and putting themselves at risk for malpractice claims.  Many injury victims arrive at the [...]

Utah State Bar Ethics Advisory Opinion Regarding Outsourcing Lien Resolution

Earlier this year, the Ethics Advisory Opinion Committee of the Utah State Bar issued Ethics Advisory Opinion Number 14-01 concerning a lawyer’s use of third party lien resolution companies and passing the cost of such service to the client.  [...]

Improve Your Case Intake Form for Smoother Settlements

Injury victims are increasingly relying on government programs like Medicaid, SSI, and Housing Benefits in order to make ends meet and get the medical care that they need. Clients often fail to inform their attorneys about the government benefits that [...]

Settling Cases for Clients on Government Programs

From speaking with many of you at the recent Utah Association for Justice Annual Meeting, among the issues that seem the most frustrating to you as you settle cases are the following: How to best handle Medicare compliance (conditional Medicare [...]

Settling a Case for a Client with an Uncertain Future? Think “Trigger Trust”

A trigger trust can be beneficial for a client who does not currently need or qualify for these needs-based government benefits (Medicaid, SSI, Section 8 Housing) but who may need such government assistance in the future depending on what happens [...]

Cash, Structured Annuities, or Trusts: Which is Best for an Injury Victim?

A personal injury client’s recovery may take several forms – cash, future payments, trusts, or a blend of each.  Each of these three options has distinct advantages and disadvantages.  No case and no client are the same, and no single [...]

Managing Dissipation Risk through Education

Dissipation risk is the risk that a person will blow money irresponsibly. This risk is particularly present when a person receives “sudden money.”  Sources of sudden money may include an inheritance, lottery winnings or a tort settlement. Settlement recipients are [...]