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Who is a Settlement Fiduciary? [more]
Settlement Fiduciaries may include:
  • Guardian
  • Guardian ad Litem
  • Conservator
  • Trial Attorney
Why a Separate Service? [more]
Because Settlement Fiduciaries:
  • Occupy a unique position in the settlement process
  • Must focus exclusively on what's best for their ward
  • Owe a legal duty to their ward
  • Face potential liability if they breach the standard of care
What's New?

» Confused about how best to allocate settlement proceeds? See Henry Strong and David Cordell's article: "Fiduciary Focus: The Prudent Allocation of Structured Settlements and Post-Settlement Trusts" in the Spring, 2008 edition of the American Bar Association's journal, "The Brief" [.pdf]
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»Court of Appeals reverses lower court; GAL enjoys no "quasi-judicial immunity" in Maryland. See Fox v. Wills [.pdf]

» View Henry Strong's article in The Journal of the Virginia Trial Lawyer's Association:

"The Real Lessons of Grillo; Fiduciary Duty in the New World of Claim Settlements".


What are the Issues? [more]
  • Inadvertent breach of duty
  • Failure to meet the Prudent Investor Standard
  • Magnitude of damages
How to Protect Yourself [more]
  • Understand your responsibilities
  • Adopt a correct and consistent process
  • Document your compliance
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