2021.03.25 – Representing Clients with Traumatic Brain Injuries: Ethical Dilemmas and Settlement Considerations (Live Webinar)

A two-hour live webinar featuring Shana De Caro, Esq., Lana O'Brien, Esq., and Joan Lensky Robert, Esq. Airs live at 11 a.m. ET March 25, 2021. Registration closes at 11:59 p.m. ET March 23, 2021.

This webinar is part of BIAA's Legal Webinars series and does not provide ACBIS CEUs for the CBIS certification. Information regarding MCLEs is posted below.

Registration closes at 11:59 p.m. ET March 23, 2021. 

How are brain injury clients and the unique damages issues different from other personal injury cases?

Join this Legal webinar as Shana De Caro, Esq., Lana O'Brien, Esq., and Joan Lensky Robert, Esq., explore idiosyncratic aspects of ethically representing a client with a traumatic brain injury. Learn about issues that must be considered and dealt with both pre-and post-settlement including government liens, the establishment of a supplemental needs trust, other planning options to preserve government benefits, and maximizing your client’s settlement while protecting their financial future through the use of a structured settlement.

This webinar is presented in partnership with Creative Capital and provided at no cost to attendees.

MCLE Information

Accepted: This class has been accepted for CLE in Arkansas, Hawaii, Indiana, Maine, Missouri, Texas, Wisconsin, West Virginia, and Wyoming.

Applied: Application for accreditation of this course is currently pending in California, Florida, Kentucky, Mississippi, New Jersey, New York, and Vermont. 

Note: This webinar does not provide ACBIS CEUs for the CBIS certification. 

Speaker Bios:

Shana De Caro is a member of the New York personal injury law firm De Caro & Kaplen, LLP. She is Chairwoman of the Board of Directors of the Brain Injury Association of America. She is past Chairwoman of the Traumatic Brain Litigation Group of the American Association for Justice and previously served as Vice Chairwoman and Secretary of the Brain Injury Association of America. Shana is president of the Top Brain Injury Attorneys of America and Vice Chairwoman of the American Academy of Brain Injury Attorneys. She has served as Secretary and Treasurer of the American Association for Justice, Traumatic Brain Injury Litigation Group.

Shana is a member of the Advisory Board, Acquired Brain Injury Program, The George Washington University, Washington, D.C., Graduate School of Education and Human Development. She is a member of the Board of Directors of the New York State Academy of Trial Lawyers and served on the Board of Advisors of the Interstate Bus Litigation Group of the American Association for Justice. She is an elected Fellow of the Melvin Belli Society and has been selected as a New York Super Lawyer.

Lana O'Brien is Associate General Counsel at Creative Capital Inc., a regionally and nationally recognized Structured Settlement consulting firm headquartered in East Brunswick, New Jersey. A graduate of Vassar College and New York University School of Law, Lana is admitted to practice in New York and New Jersey. She started her legal career with a “Big Law” firm and joined Creative Capital in 2018. A key member of CCI's legal team, Lana provides support across Creative Capital's entire national network and consults with CCI's attorney clients on tax and legal aspects of structured settlements. When she's not drafting or reviewing documents and assisting clients, Lana coaches soccer and spends time with her husband and three children.

Joan Lensky Robert practices with Robert Legal Group, PLLC, located in Long Beach, New York, Brooklyn and New York City in the areas of Elder Law and Special Needs Planning. She is a summa cum laude graduate of Touro College School of Law, where she was valedictorian of the part-time division. She served as Chair of the New York State Bar Association Elder Law and Special Needs Section and as Chair of the Special Needs Planning Committee and received a Lifetime Achievement Award from the Section. She has been named a Super Lawyer since 2013 and is Certified as an Elder Law Attorney by the National Elder Law Foundation as accredited by the ABA.

Ms. Robert is the co-author of the chapter on Supplemental Needs Trusts in Guardianship Practice in New York and is also the author of the chapters on Government Liens and Planning Options in Personal Injury Practice in New York, all published by the New York State Bar Association. She is a past chair of the Nassau County Bar Association Elder Law Committee, served as the Dean of the Nassau Academy of Law, and as a member of the Board of Directors of the Nassau County Bar Association. She served as President of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA) and as a member of the Board of Directors of NAELA. She received the Theresa Foundation Award by NAELA for outstanding service and advocacy for those with disabilities and also received the outstanding member award for New York NAELA. She regularly counsels individuals with disabilities and their attorneys on ways to preserve the benefit of lawsuit recoveries for those receiving government entitlements.

BIAA Webinar Cancellation and Refund Policy for Live Webinars

Registration cancellations must be emailed to customerservice@biausa.org. Refund Eligibility: Webinar registration fees are refundable if submitted no later than 24 hours before the scheduled webinar date/start time. Refunds are subject to a $10 cancellation fee. Cancellations received less than 24 hours before the scheduled webinar date/start time will not be refunded. If you are unable to attend the live webinar, you can request access to the recorded webinar. If we cancel a webinar due to circumstances beyond our control, we will notify attendees with as much advance notice as possible. Attendees will be given the opportunity to transfer their registration to another webinar or obtain a full refund.

Refunds are Not Provided for the Following Reasons: 1. Attendee Technology. It is the responsibility of the webinar attendee to test the computer setup prior to the start of the webinar. If failure with your technology prevents access to the live webinar, you will not be eligible for a refund. If the technical problem is due to our error, we will offer you the choice of access to a copy of the recording or a full refund. 2. Attendee Email. Refunds will not be issued in cases where an attendee did not receive the webinar login instruction email. It is the attendee’s responsibility to contact us if they don’t receive the required login information at least 24 hours prior to the start time of the webinar. 3. Attendee Absence. Attendees who do not participate in the live webinar will not be entitled to a refund.