Real-World Scenario: “Handled” Isn’t Always Safe
A plaintiff’s attorney in a mild-to-moderate TBI case allowed the defense’s preferred broker to propose a structure. The broker recommended a product from a single insurer, failed to coordinate with the client’s public benefits counsel, and didn’t disclose their compensation model.
Two years later, the client lost access to Medicaid due to improper structuring—and blamed the attorney who “approved” it.
That attorney is now in a fee dispute and defending a bar complaint. Why? Because they didn’t control the financial side of the settlement.
Red Flags to Watch For
- No written disclosure of compensation
- Only one insurer presented (no product comparisons)
- No collaboration with the legal team
- Broker insists “This is standard” without customization
- No discussion of public benefits impact
The Hidden Risk: Assumed Oversight = Real Liability
Many attorneys believe the broker “has it covered.” But if the broker isn’t contractually obligated to your client—and isn’t operating under fiduciary standards—you may have just ceded critical control over the legal outcome.
Courts are increasingly treating this as a standard-of-care issue. What was once seen as a clerical handoff is now being scrutinized as a broker malpractice risk and potential breach of legal duty.
What to Do Instead
At Architected Settlement Law Group, we help:
- Scrutinize broker roles and loyalties
- Reassert legal oversight of structure planning
- Ensure fiduciary alignment throughout the settlement process
- Coordinate with benefit preservation strategies to protect vulnerable clients
What This Means for You
If you’re relying on a non-fiduciary broker—or worse, the defense’s broker—you may already be at risk. Even when you’ve negotiated the settlement, if the financial piece unravels later, you could be blamed. Fee disputes. Bar complaints. Reputational damage. All because someone else dropped the ball.
You need an airtight process that puts your client’s interests first—and keeps legal control where it belongs: in your hands.
What This Means for Your Client
Your client assumes everything is being handled. If the structure backfires—or if they lose critical public benefits—they won’t distinguish between the broker’s role and yours. They’ll hold you responsible for the outcome.
And worse, they may suffer financial consequences they never saw coming.
Why You Need The Architected Settlement Law Group™
We’re not brokers. We’re fiduciary settlement attorneys who partner with you to eliminate the blind spots, align the planning with your legal strategy, and protect both your client and your firm from preventable risk.
Don’t let someone else’s malpractice become your problem.
