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NYSBA | Handling Tough Issues in a Plaintiffs Personal Injury Action = 15

Handling Tough Issues in a Plaintiffs Personal Injury Action

Non-Member Price:	$235.00
Member Price:	$150.00

Stock Status:	In Stock
Product Code:	80698

Product Description

Attorneys hope that their cases will proceed smoothly to verdict or settlement without detours. Unfortunately, in real world practice, this is the exception, especially in personal injury litigation.

Bankruptcy of a party, workers compensation liens, social services liens, Medicare, death of a plaintiff or defendant, jurisdictional problems, insurance company liquidations and structured settlements are just a few of the issues practitioners confront in everyday practice.

The Torts, Insurance and Compensation Law Section and the Committee on Continuing Legal Education of the New York State Bar Association are pleased to present “Handling Tough Issues in a Plaintiff’s Personal Injury Action.”

TOPICS INCLUDE:

the new Medicare future set aside, Medicaid and past Medicare Liens
Workers Compensation and its role in the settlement of an action
death of a party in litigation
bankruptcy of a party
liens and rights of subrogation
no-fault and hospital liens
representing non-citizens, impaired or incompetent clients
the ethical and practical considerations
structured settlements

Co-sponsored by the Torts, Insurance and Compensation Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

PROGRAM CONTENTS:

I. UNDERSTANDING THE ISSUES – ETHICAL AND PRACTICAL CONSIDERATIONS IN REPRESENTING CLIENTS IN PERSONAL INJURY LITIGATION(49 min.)

A. The Retention Agreement
B. The Need to Communicate and the Issues that Must Be Addressed with a Client
C. How to Represent the Client When Competency and Conflicts of Interest Arise
D. How to Withdraw from Representation while Protecting the Client’s Rights
E. Representing Two or More Clients in the Same Action or with Limited Coverage
F. Securing Authority for Settlement and Trial and Appeal
G. Potential Clients and Potential Client Contacts
H. Handling the Problem Client or the Client with Unrealistic Expectations

II. REPRESENTING THE INFANT, DECEDENT, AND INCOMPETENT IN THE SUPREME AND SURROGATE’S COURT (62 min.)

A. The Infant Settlement Process and Options Available
B. The View from Surrogate’s Court —Letters of Administration, Probate, and Choice of Administrator
C. Appointment of a Guardian to Protect Property or the Person
D. Compromising the Wrongful Death Action
E. The Death of a Party in Litigation

III. BANKRUPTCY OF A PARTY (49 min.)

A. Handling the Automatic Stay
B. Preserving the Plaintiff’s Position in the Bankruptcy Forum
C. The Role of the Trustee in the Personal Injury Litigation
D. Getting Appointed as Special Counsel and what is Expected
E. The Adversary Proceeding
F. Resolving the Personal Injury Action when a Party has Filed Under the Bankruptcy Laws

IV. LIENS AND RIGHTS OF SUBROGATION (53 min.)

A. The New Medicare Future Set Aside
B. Medicaid, and Past Medicare Liens and Government Program Liens, including the Effect of Arkansas Dep’t of Human Services v. Ahlborn 2006 US LEXIS 3455 (5/01/06)
C. Equitable Rights of Subrogation
D. The Status of Intervention Rights for Health Insurers
E. No-Fault and Hospital Liens
F. Workers’ Compensation and its Role in the Settlement of an Action

V. REPRESENTING THE IMMIGRANT WORKER OR OTHER NON-CITIZEN (44 min.)

A. The Various Categories of Immigration Status ranging from Illegal Alien to Naturalized Citizen, and How they Affect the Personal Injury Action
B. The Ability of Non-Citizens to Recover for Lost Wages and Other Damages
C. Practical Difficulties in Representing a Non-Citizen
D. The Attorneys’ Obligations

VI. REPRESENTING THE IMPAIRED OR INCOMPETENT CLIENT (52 min.)

A. Deciding if You Need a Guardian or Appointment
B. Assessing the Future Medical and Other Needs of a Catastrophically Injured Client
C. Resolving the Case with an Impaired or Incompetent Client.

VII. THE RISKS AND BENEFITS OF STRUCTURED SETTLEMENTS (37 min.)

A. Understanding the Economics of a Structure and Why Defendants Favor Them
B. The Attorneys’ Position When the Client Selects a Financial Instrument to Place Funds
C. How to Evaluate the Structure Agreement
D. Protecting the Client’s Interest when Negotiating a Structure Agreement

PROGRAM SPEAKERS:

Overall Planning Chair
Patrick J. Higgins, Esq.
Powers & Santola, LLP
Albany

Panel

Patrick J. Higgins, Esq., (Chair), Powers & Santola, LLP, Albany * Scott W. Bush, Esq., Roche Corrigan McCoy & Bush, Albany * Eric K. Copland, Esq., Copland and Brenner, Latham* Carl D. Copps, Esq., Principal Attorney, New York State Workers’ Compensation Board, Office of Appeals, Albany * Hon. Cathryn M. Doyle, Albany County Surrogate, Albany * Richard G. Halpern, President, The Halpern Group, Springfield, New Jersey * Paul A. Levine, Esq., Lemery Greisler LLC, Albany * Paul M. Macari, Esq., Martin, Shudt, Wallace, DiLorenzo & Johnson, Troy * John K. Powers, Esq., Powers & Santola, LLP, Albany * Thomas J. Vesper, Esq., Westmoreland, Vesper & Quattrone, P.C., West Atlantic City, New Jersey.

Total MCLE Credits 6.5

Ethics MCLE Credits 1.0

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”