Model Rule 1.15 - Ethical Obligations Related to Disbursement of Settlement Funds
Speaker: David Abney
NO CLE CREDIT
David Abney discusses what obligations a plaintiff's attorney has to address—health insurance subrogation/reimbursement claims stemming from personal injury cases, and how to ethically navigate these issues to comply with Model Rule 1.15 (Safekeeping of Property).
Come away with answers to these questions:
Does the health insurer have a legitimate claim against the settlement proceeds, and pursuant to what law?
How do I handle these claims AND represent my client's best interest?
What actions can I take to make sure I am complying with Model Rule 1.15?
David built his Frankfort, Kentucky law practice on the philosophy that tort victim’s settlement proceeds should not be eaten up by healthcare subrogation and reimbursement claims. He has resolved thousands of subrogation claims over the past decade, cultivating extensive experience with ERISA, Medicare, and Medicaid reimbursement claims in all federal circuits, enabling him to establish a nationwide client base. Before establishing his own practice, he served as associate general counsel to the largest post-payment healthcare recovery vendor in the United States. David has written numerous articles and lectured extensively on the topics of ERISA, Medicare, Medicaid, and other types of healthcare subrogation and reimbursement issues and contributed to the 2005, 2006, and 2007 versions of The National Subrogation Law Manual. He is a member of the American Association for Justice, and the Kentucky Justice Association, where he serves on the board of governors. David also chaired the Kentucky Justice Association’s subrogation seminars in 2008, 2009, 2010, 2017, and 2019.