There is a lot of advertising out there from structured settlement firms claiming to be "plaintiff exclusive structured settlement firms" or "defense exclusive structured settlement firms". One firm, Forge Consulting, LLC goes a step further by claiming that it is "the nation’s largest non-law firm contributor to the American Trial Lawyer Association"***. Others take a more subtle approach, BUT are these meaningful qualities to have in your structured settlement firm? I submit that they really are not meaningful for either the defense or plaintiff.
In my opinion it is a good idea, (and today it is customary ) for both sides to have a structured settlement expert**It shouldn’t matter about exclusivity to a plaintiff, plaintiff attorney, VP of Claims, Claims Adjuster, TPA, underwriter, claims lead or judge. What should matter is the consultant’s experience, his/her intellectual capacity, responsiveness and the quality of work that he or she performs. Should you need an operation do you want to engage a surgeon who has the experience of 1000 procedures flawlessly or do you want to work with a surgeon because he belongs to your country club or contributed $2,000 to your favorite charity? One is an emotional decision and other is a smart practical decision.
Because the nature of the role and functions of a structured settlement broker in a particular case varies with the qualities of broker to broker, assignment to assignment and company or law firm to company or law firm, a trusted structured settlement broker or settlement planner who possesses the above skills and adheres to a high standard of ethical behavior, should be able to be a "free agent".
Start with important qualities and credentials to fit your need not "plaintiff exclusive" or "defense exclusive". If you want to make your structured settlement broker exclusive consider tying him or her up with lots of work not arcane restrictions.
***ATLA actually stands for Association of Trial Lawyers of America
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