When it comes to litigation, law firms devote extraordinary effort to trial strategy, expert witnesses, and maximizing recovery for their clients. But what happens after the verdict or settlement is reached? Too often, the end of the case is treated like the finish line—when in reality, it’s just the start of a critical new phase: settlement planning.
On a recent episode of the Lead Counsel Podcast, host Tom Tona welcomed Michele to discuss what truly happens when law, business, and life collide at the close of a legal case. With over two decades of experience in special needs planning and settlement planning, Michele offered a compelling look into why plaintiff law firms need to take this “final phase” much more seriously.
If you're a trial lawyer, especially one dealing with personal injury, medical malpractice, or mass tort cases, this episode is a must-listen.
Clients aren’t just seeking compensation—they’re trusting their legal teams with their futures. Whether it’s a medical injury, traumatic brain injury, or catastrophic auto accident, many clients require long-term care, access to government benefits, and a thoughtful plan for how their funds will support them for the rest of their lives. That’s where special needs settlement planning comes in.
In this conversation, Michele explains why protecting government resources like Medicaid and SSI benefits isn’t just about compliance—it’s about compassion. And for the law firm, it’s also about risk mitigation.
Many attorneys don’t realize that mishandling a settlement—especially for clients with disabilities or minor children—can expose the firm to significant liability. Michele walks through how law firms can avoid the “danger zone” that occurs between accepting funds and distributing them. Spoiler alert: A sound settlement plan is a great defense.
During the episode, Michele outlines how tools like first-party and pooled special needs trusts aren’t just about asset protection—they are mechanisms for preserving independence, dignity, and quality of life for individuals with disabilities.
Clients on government benefits can’t just “take the check” and move on. Without proper planning, their settlement could disqualify them from essential support like SSI or Medicaid. In many cases, clients don’t even realize they’re at risk until it’s too late.
Michele brings this planning down to earth, explaining these concepts as if she’s talking to a teenager—not a team of lawyers. That’s part of her genius. She understands that effective settlement planning starts with clarity and education.
Another highlight from the discussion is Michele’s explanation of Qualified Settlement Funds (QSFs)—an often underutilized strategy that can radically reduce risk, improve efficiency, and buy valuable time for firms navigating complex settlements.
Tom and Michele explore how QSFs not only keep settlement proceeds out of a firm’s IOLTA account but also allow for lien resolution, trust structuring, and coordinated disbursement in a way that protects both the firm and the client.
If you’ve never used a QSF—or aren’t sure when to—this episode provides a practical look at why it should be in your toolkit.
Let’s be honest—some firms are laser-focused on the number and move on. But others want to ensure that their work truly improves the client’s life, not just today, but in the long run. This podcast episode is for the latter.
Michele reminds us that being a plaintiff’s attorney doesn’t stop at the settlement check. It means ensuring your client can live with stability, dignity, and access to the services they need—especially if they live with a disability.
Whether you’ve been practicing for 25 years or just opened your doors, this episode will shift how you think about settlements—and what your clients really need when the dust settles.
If your firm handles litigation for injured plaintiffs, or if you’re looking for a competitive edge in client care and risk management, don’t miss this conversation with Michele Fuller on the Lead Counsel Podcast.
👉 Listen now on your favorite podcast platform, and visit our Resources and Webinars to learn more about Michele’s work in settlement planning and special needs planning.
