Litigation

"11. Neither I nor (Insert name of company) will, without the express consent of the

plaintiff and the prior written approval of this court:

(a) provide any information about this settlement to any

factoring company for any purpose; or

(b) solicit the plaintiff or plaintiff?s family on behalf of any

factoring company for any purpose, including, but not

limited to, the proposed sale of plaintiff?s future periodic

payments, nor will I or (Insert name of company) participate,

assist, promote, or aid in such solicitation by any person, firm,

corporation or entity; or

(c) seek or accept any consideration, financial or otherwise, directly

or indirectly from a factoring company."

If there was no problem there would be no need for the Supreme Court of the State of New York to introduce this new "standard of care".  The Court has spoken. If you are an attorney and do business in Bronx County, come into knowledge of "the problem" do you now owe your client, a spart of your obligation to protect them, any less "standard of care" because you are prosecuting your client's case in Queens, Kings, Staten Island or New York County, or elsewhere in New York State?

Points for Plaintiff Lawyers To Consider

1. Consider that the overwhelming majority of the structured settlement industry has not subscribed to the Structured Settlement Transparency Initiative specifically addressing many of the points that are in item #11 of the Bronx Structure Broker's Affidavit.

2. Consider that the National Structured Settlements Trade Association publicly rejected the Structured Settlement Transparency Initiative in a written memorandum to its members.  The NSSTA has not come up with an alternative position. The majority of the structured settlement brokers and settlement planners you encounter will be members of the National Structured Settlements Trade Association.

3. Consider that a factoring broker, Rhonda Bentzen, of Bentzen Funding Solutions publicly declared in writing on December 14, 2007 that 90% of her clientle (which were stated as entirely from the structured settlement industry) seek or accept financial consideration.

As part of the new "standard of care" plaintiff lawyers should consider screening current and prospective structured settlement brokers and settlement planners for their business practices on structured settlement factoring.