Live Seminar

Eliminating/Minimizing Liens in Personal Injury Settlements

Seminar

Date:

Friday, May 18, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78835ER

Location:

Holiday Inn Hotel & Suites Phoenix Airport

3220 South 48th Street

Phoenix, AZ 85040

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AZ CLE - 6.00

Program Description

Real-World Procedures and Tips - From Investigation to Negotiation and Resolution

Failing to account for and negotiate liens can be disastrous for the plaintiff, as well as lien holders. Join us for a focused analysis of lien management in personal injury litigation and find out how and by whom claims are commonly asserted, and what to do to ensure a favorable settlement. Register today!

  • Anticipate, track down and prioritize liens that will affect the settlement.
  • Learn best practices for eliminating or at least reducing liens - from pre-settlement negotiations through post-judgment.
  • Review real-world case examples, investigation tips, resolution strategies, common mistakes and legal pointers on common liens.
  • Delve deeper into the Medicare Secondary Payer Act.
  • Maintain an ethical practice by identifying potential gray areas when handling liens.

Who Should Attend

This intermediate level seminar is designed for attorneys who need to handle liens in personal injury litigation. Insurance professionals and paralegals may also benefit.

Course Content

  1. Investigating the Liens
  2. Strategies to Eliminate/Reduce Liens
  3. Case Examples: Investigation Tips, Resolution Strategies, Common Mistakes and Legal Pointers
  4. ERISA Lien How-To's
  5. Medicare Liens Simplified
  6. Ethics: Applying the Rules

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *


* denotes specialty credits

Agenda / Content Covered

  1. INVESTIGATING THE LIENS
    9:00 - 10:00, Christy Thompson
    1. Overview of the Lien Process
    2. Discovering all Potential Lien Holders
    3. Requesting Information/Communicating With Lien Holders
    4. Determining the Priorities of Liens and Formulas for Reimbursement
  2. STRATEGIES TO ELIMINATE/REDUCE LIENS
    10:00 - 11:00, Daniel Torrens
    1. Early Planning Strategies
    2. Addressing Pending Liens in Settlement Negotiations
    3. Leveraging Statutes and Case Law
    4. Practical Tips for Mediation
    5. Arbitration
    6. Trial
    7. Post-Judgment Collection
  3. CASE EXAMPLES: INVESTIGATION TIPS, RESOLUTION STRATEGIES, COMMON MISTAKES AND LEGAL POINTERS
    11:15 - 12:15, Ruby Torres
    1. FEHBA
    2. FMCRA
    3. Medicaid
    4. Workers' Compensation
    5. Veteran's Benefits
    6. Blue Cross Blue Shield Liens
    7. Military
    8. Wrongful Death
    9. Physician/Hospital
  4. ERISA LIEN HOW-TO'S
    1:15 - 2:15, Sara Siesco
    1. Overview of ERISA Liens, Types of ERISA Plans, Laws and Case Law
    2. Has the Insured Been Made Whole?
    3. Claim Investigation Tips and Whom to Contact
    4. Analysis of Plan Language
    5. Resolution Strategies - How to Negotiate Successfully
  5. MEDICARE LIENS SIMPLIFIED
    2:15 - 3:15, Sara Siesco
    1. Medicare Secondary Payer Act (MSP)
    2. Navigating the Medicare System to Obtain Lien Information
    3. Medicare Part C and D/Medicare Advantage
      1. Rights of Recovery
      2. Applying Case Law
      3. Where do we go From Here: Addressing a Part C/D Plan Interest
    4. Medicare Parts A and B
      1. MMSEA Section 111 (Mandatory Insurer Reporting)
      2. Medicare's Past Conditional Payments
      3. Medicare Set-Asides in Workers' Comp and Liability Matters
      4. CMS Submission
      5. MSA Documentation: Reports and Releases
  6. ETHICS: APPLYING THE RULES
    3:30 - 4:30, Daniel Torrens
    1. The Lawyer's Obligation to Escrow all Disputed Sums and to Work to Resolve Those Disputes (Rule 1.15)
    2. Advising Clients and Managing Expectations
    3. Ethics of Outsourcing Lien Resolution Tasks
    4. Compensation for Lien Resolution Services
    5. Avoiding Other Conflicts of Interest
    6. What to do When a Client Ignores Medicare's Interests

SARA SIESCO is an attorney with the law firm of Jones Raczkowski in Phoenix. Ms. Siesco is a plaintiff’s personal injury and wrongful death attorney. She focuses her practice on wrongful deaths, dog bites, major motorcycle/trucking/automobile/pedestrian collisions, premises liability, nursing home abuse, insurance bad faith, and medical malpractice. Ms. Siesco received her B.A. degree from the University of Arizona and her J.D. degree from the University of Kansas School of Law. She is a member of the Arizona Women Lawyers Association and the American Association for Justice. She is honored to be peer-voted as a Southwest Super Lawyers® Rising Star (2014 to 2017). Most recently, she was elected governor by her peers to the Board of Governors (District 6, Rules Committee)-the Arizona State Bar Governing Board.

CHRISTY THOMPSON is the managing attorney and owner of the Thompson Law Firm, LLC. Ms. Thompson is a personal injury attorney specializing in automobile accident cases with a focus on the victims of drunk driving. She received her B.A. degree from the University of Nevada at Reno and her J.D. degree from Willamette University College of Law in Salem, Oregon.

DANIEL TORRENS is of counsel with the Phoenix law firm of Righi Fitch Law Group, where he practices in the areas of personal injury litigation, alternative dispute resolution, and administrative law. Mr. Torrens lectures nationally in the areas of insurance, personal injury damages, and trial advocacy. He is a faculty member of the Arizona College of Trial Advocacy and a graduate of the State Bar of Arizona's CLE Institute. Mr. Torrens is a member of the State Bar of Arizona and the Colorado Bar Association. He is a member of the American Board of Trial Advocates and is a judge pro tem with the Maricopa County Superior Court. He earned his B.A. degree from Arizona State University and his J.D. degree from the University of Nebraska.

RUBY TORRES is an attorney with the Thompson Law Firm, LLC. Ms. Torres practices in the area of personal injury. She received her bachelor’s degree from Arizona State University and her J.D. degree from the Phoenix School of Law (which is now the Arizona Summit Law School).

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

AZ CLE: 6.00 Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.


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Mail: NBI
P.O. Box 3067
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