ERISA Counsel and Attorney-Client Privilege: What You Don’t Know About the “Fiduciary Exception” Could Hurt You
Today at 10 am PST, I will be on a panel discussing the topic: ERISA Counsel and Attorney-Client Privilege: What You Don’t Know About the “Fiduciary Exception” Could Hurt You. This webinar is hosted by Strafford. I look forward to the questions and discussion.
For more, see event details: https://www.straffordpub.com/products/tlgjeahgra?utm_campaign=tlgjeahgra
Read MorePersonal Injury Subrogation Claims Under ERISA
“Personal Injury Subrogation Claims Under ERISA,” my latest article in “The Verdict Magazine,” was published today by the Alameda and Contra Costa County Trial Lawyers Association. This article outlines an example of how the 9th Circuit gets ERISA.
For more visit: https://acctla.org/wp-content/uploads/2019/11/Fall2019-2-copy.pdf#page=7
Read MoreHer Firm’s Achievements & Results are Measured by the Satisfaction of Her Clients: A Conversation with Attorney Cassie Springer Ayeni
Q: When did you know you would pursue a career in the legal field?
CSA: As early as junior high or high school, I felt the need to advocate for others, to make a point to stand up for the kids who were being bullied or ostracized. I also realized around the same time that I truly enjoyed writing, reasoning, and debating. The law seemed a natural fit: I could use my skills to make a palpable difference in people’s lives. I had settled on a career in law by the time I was 16 and never looked back.
Q: Can you explain what types of cases an ERISA Attorney handles and why you chose this area of law?
CSA: I primarily help people with their employer-sponsored disability benefit claims. ERISA governs all private employer benefit plans, not just pension plans. Many employers provide disability benefit plans in addition to health and pension benefits. In fact, 65% of ERISA litigation is over denied disability benefit claims. The plans are often insured, and clients typically come to me after they stop working, apply for disability benefits to the insurance company, and are denied. I then step in to try to get their disability benefit income restored while they focus on their health.
Q: What is your approach or philosophy to winning or representing a case?
CSA: I lead with kindness. I want to understand truly what my clients have gone through medically, economically, and emotionally to get to this point in their lives, and how I can help. In representing a client, I am there for that person: I am responsive and listen with an open heart. I believe this the secret to winning a case as well – if I am doing my job right, I am painting a picture of the person and the case to help the court appreciate why my client is deserving of their disability benefits. I have the paintbrush and paint ready because I have spent months getting to know my clients and researching the law. And I also aim to be the best-prepared lawyer in the room with the most compelling brief … that helps too.
Q: If we interviewed all your past clients … what is “one” common word that comes up when they describe working with your law firm?
CSA: Compassion
Q: What are some of the most popular topics you are asked to lecture on?
CSA: I speak frequently on ERISA topics, especially in my current role as the co-chair of the ABA’s Employee Benefits Committee. I love presenting to newer attorneys about the fundamentals of ERISA litigation, because I am eager to energize attorneys about how engaging ERISA work is. ERISA is fun! The law is always evolving, providing constant intellectual stimulation, and practicing ERISA law is also a great way to help people in need. I also enjoy speaking to women about re-defining what it means to be a successful litigator, and how to challenge traditional law firm standards to achieve a better work-life balance.
Q: What advice would you give to young women who want to pursue a career as an Attorney?
CSA: Any woman who wants to pursue a career as an attorney should make sure that her potential work environment values diversity and inclusion, fosters a sense of belonging, and creates opportunities for women at every turn. If she is unable to find that environment, she should open her own law firm and create those opportunities herself.
Q: How do you maintain a work/life balance?
CSA: Being the owner of my firm allows me to make up the rules: I look to the best practices of progressive companies and pick policies that I believe are imperative to work/life balance for everyone. I figure that everything I need to raise four children and work full-time as an attorney is what everyone at my firm needs too. I offer unlimited PTO, great benefits, four months of fully paid maternity leave, the ability to bring children in to work as needed (in fact I have brought each of my babies into work until they needed another environment), the ability to work from home, and a practical approach to parenting … like closing the office on Halloween and Valentine’s Day so that we can all attend class parties without rushing to or from work. I, of course, avail myself of each of these policies, which is why I created them in the first place. That’s not to say that I don’t wake up early to work for a bit so that I can focus fully on my kids to take them to school, or grab a few hours on the weekend to pound out a brief, but family always comes first, for me and for everyone who works at Springer Ayeni.
Q: What’s one lesson you’ve learned in your career that you can share with our audience?
CSA: I have always learned to be myself. If you are authentic, you are compelling as an advocate and a counselor: you listen and communicate better when you are not spending energy on worrying about how you should come across. I also believe in the power of preparation. If you are committed to doing your best and preparing your utmost, then even a negative outcome cannot be met with regret, but a positive outcome is much more likely. And if you’re nervous before a court appearance or speaking engagement, just take a breath and realize that even in a worst-case scenario, you will survive and move forward … we all do.
Q: What are some of the challenges you feel women face today?
CSA: Looking at women lawyers only, there is much progress to be made. As Joan Williams at the UC Hastings Center for WorkLife Law has analyzed convincingly, women lawyers (and women in other fields too) are asked to “prove it,” then “prove it again.” In other words, women need to do the job before getting the promotion, whereas men are promoted based on potential. This is a major obstacle to women’s promotion and needs to be addressed systematically.
Five Things About Cassie Springer Ayeni
1. If you could talk to one famous person past or present, who would it be and why?
There are so many! But if I had to pick one it would be Harriet Tubman – her courage and vision even in the face of medical problems were and are awe-inspiring.
2. What’s your favorite holiday? Why?
Valentine’s Day! I don’t view it as just a romantic holiday, but as a day to express to those around you how much you care.
3. If you were a superhero, what would your special powers be?
Time-traveling. That would be magical!
4. What app can’t you live without?
Facebook – it has allowed me to make great connections with other lawyer moms – lawmas!
5. Favorite food to eat?
Strawberries. Now, then, forever, and always.
For More: https://bayareawomenmag.com/news/view/11665/Her_Firms_Achievements_-_Results_are_Measured_by_the_Satisfaction_of_Her_Clients_A_Conversation_with_Attorney_Cassie_Springer_Ayeni
Read MoreSelma Blair and Our Culture of Disability Disbelief By Cassie Springer Ayeni
Selma Blair walked the red carpet at the 2019 Vanity Fair Oscar Party – a vision of radiant beauty sporting a dazzling cane. She then delivered a powerful interview on Good Morning America discussing her Multiple Sclerosis diagnosis, a disease of the central nervous system that can cause pain, fatigue, and problems with balance and muscle control, among others. Her presence and determination shined through, reminding me of many of my clients who battle through horrific symptoms to keep working as long as possible, only to be disbelieved by a disability insurance company when they finally need to stop working.
Ms. Blair called MS the “snowflake disease because it’s different – like a fingerprint – for everyone. Not one size fits all.” She also noted that although she has battled MS for years, including with its current manifestation of spasmodic dysphonia – affecting her speech – that “it can be very different in a year, for the better.” The fluctuating symptoms of diseases like MS often make it difficult for a disability insurer to grapple with the notion of disability. Disability insurers like to operate in extremes: either you are totally disabled or you are not; either you can never run an errand or you’re capable of full-time work. It is quite a task to help an insurer know that there are “good days” and “bad days” with many illnesses. Declarations can be extremely useful to provide accounts of symptoms, but insurers tend to dismiss or ignore these probative statements altogether, relying almost exclusively on the medical records reviewers they hire, who have never even met the claimant. One court recently acknowledged the importance of declarations and letters from colleagues and friends, noting that although they “are not medical professionals and do not have the medical training necessary to provide a medical opinion regarding Laurie’s functional capacity, they are arguably in the best position to substantiate Laurie’s subjective complaints. United should not have dismissed them without discussion, and it was an abuse of discretion to do so.” Laurie v. United of Omaha Life Ins. Co., 2017 WL 975947, at *20 (D. Or. Jan. 23, 2017), report and recommendation adopted, 2017 WL 970262 (D. Or. Mar. 13, 2017).
GMA’s interviewer, Robin Roberts, reports that even Ms. Blair’s own doctors did not take her complaints seriously prior to her diagnosis, but attributed her complaints of pain and exhaustion to being a single mother or hormones. She asked for an MRI, but doctors dismissed her request as unnecessary. Yet her exhaustion was overwhelming: “I’d drop my son off at school a mile away and before I got home I’d have to pull over and take a nap.” But Ms. Blair told her doctors “I need to go to work, and I have to stay awake.” After years of symptoms, it finally took Ms. Blair falling in front of a doctor before she received her diagnosis. Ms. Blair has continued working as an actor all these years, noting “I’m still an actress! Mama’s still got to bring home the bacon, people! I’m a single mom!”
Ms. Blair’s narrative aligns with the experience of many of my clients: they fight through symptoms to keep working, fight to get a diagnosis, then fight with an insurance company to receive benefits. It is overwhelming and exhausting. And it is my privilege to take on the insurance companies on my clients’ behalf.
Read MorePresenting @ the ACCTLA sponsored event!
I will be speaking on a panel that presents the topic: Navigating Disability in the Workplace hosted by the @ALAMEDA-CONTRA COSTA TRIAL LAWYERS ASSOCIATION on Wednesday, May 15th. I look forward to the discussions, questions, and interactions.
For more regarding this event, contact me @ Cassie Springer Ayeni, President of Springer Ayeni, A Professional Law Corporation @www.benefitslaw.com
Or visit: https://lnkd.in/gk8nC2D
Read MoreERISA Administrative Claims and Litigation on June 6 in DC!
Getting excited to speak on ERISA Administrative Claims and Litigation on June 6 in DC! Should be a great panel, with Robert Rachall and Yolanda Montgomery. Join us if you can! https://lnkd.in/gH6h5_d For more regarding this event, contact me Cassie Springer Ayeni, President of Springer Ayeni, A Professional Law Corporation @www.benefitslaw.comhashtag#Employeedisabilitybenefitshashtag#ERISAdisablityhashtag#ERISAlawyerhashtag#Superlawyerhashtag#Disabilityclaimshashtag#Disabilityappealshashtag#Longtermdisabilityhashtag#ERISAlitigatorhashtag#ERISAbayareahashtag#Disabilitylawyerhashtag#Employeebenefitslawyerhashtag#ERISAlawfirmhashtag#benefitslawhashtag#Springerayenihashtag#ABAhashtag#EBChashtag#erisa
Read MorePresenting at San Francisco Trial Lawyers Association
On Tuesday November 20th, I will be on a panel discussing the topic “Negotiating Tactics” at the San Francisco Trial Lawyers Association. What better way to navigate the Thanksgiving table than by attending this Negotiations CLE!
Read MorePresenting at the American Bar Association (ABA)
I will be speaking on two Employee Benefits Claims panels at the American Bar Association Joint Committee on Employee Benefits sponsored – ERISA Basics National Institute Conference, Chicago, Illinois on October 10th- 12th. I am looking forward to the discussions, questions, and sharing insights into “Administrative Procedures” and “Litigation Overview.”
Read MoreMBC Unity Award
I am honored to be announced as an attorney-recipient of a Unity Award at the 41st Minority Bar Coalition Unity Awards that will be held November 13th @UC Hastings College of The Law. I am deeply thankful to my esteemed colleagues at the Alameda-Contra Costa Trial Lawyers’ Association for nominating me for this award.
For more: https://www.uchastings.edu/event/minority-bar-coalition-unity-awards/
Read MoreTen Questions to Ask Your Disability Attorney Before Signing a Retainer Agreement
Let’s face it: it’s daunting to hire an attorney. There are thousands of lawyer jokes for a good reason. But sometimes in life you need a good advocate in a legal proceeding, or just someone to give advice before the going gets rough. Hiring an attorney requires careful consideration of not just the finances of the relationship, but also a determination of whether she will be a good fit for one of the most significant professional relationships you will likely have. These questions will help you avoid making mistakes when choosing an attorney who suits your style.
Q1. Can you give me a cost estimate?
Attorneys will not be offended by this question. We know it’s pricey to hire a lawyer and you need to plan for it. A good attorney will offer a variety of options to work with your budget and risk tolerance. If an attorney offers to work on a “contingency fee,” that means she will work unpaid until securing money on your behalf, and then her fee will be a percentage of that award. Typical attorney contingency fees range from 33-40%. If an attorney offers an hourly rate, be sure to ask if other attorneys in the office can do some of the work at a lower rate, and if administrative tasks can be handled by paralegals or legal secretaries, as this might be a way to reduce the monthly bill. Also ask if the attorney bills in .1 hour or .25 hour increments and if she bills for small emails or voicemail exchanges. Some attorneys may offer a “flat fee,” or you could suggest that option yourself. Many clients like the certainty of a financial cap: but beware the unethical attorney who would accept that amount of money then work as little as possible. You need to trust the attorney you hire before agreeing to any of these arrangements, but especially the flat fee. If you get a “shark vibe,” look in another direction. Also, if you have a creative idea, feel free to propose it! At the very least, it will give you an idea of how open-minded your future attorney might be.
Q2. Can you tell me how you would approach my case?
Most attorneys tread very carefully about giving legal advice without a retainer agreement in place, as they do not want to create an attorney-client relationship where there really is not one. A good attorney will listen to your problems, describe how she might handle your case, and may give some general information or direct you to a resource, but steer clear of an attorney who is over-eager to breach ethical constraints by doling out free advice just to nab you as a client.
Q3. How do you handle these types of cases?
An experienced attorney should have an easy answer to this question. For example, as an ERISA attorney, I am clear about what needs to happen to maximize the chance of a successful outcome when, for example, appealing a denied disability benefit claim. If it was my first rodeo, I wouldn’t have a firm plan of action. Look for a thorough and confident answer to this question.
Q4. Have you ever handled a case with facts similar to mine?
In my area of the law, I interact with people who have myriad ailments causing their disabilities. My clients feel comfortable off the bat if they know I am at least familiar with their medical conditions, and you probably will too.
Q5. How accessible are you?
Some attorneys specialize in reeling in clients and then disappearing. Make sure your attorney will be involved in your case from start to finish, even if she doles out assignments to others in her law firm. Just like most professions, attorney skills and personalities vary widely, so make sure that you are getting what you’ve paid for. Which leads me to…Question 6:
Q6. What are your past results in cases at the same stage as mine?
No attorney could possibly guarantee an outcome in your case – there are too many variables. But an attorney should definitely be able to describe similar cases she has handled and what the outcome has been.
Q7. Will attorneys or paralegals do most of the work in my case?
A law firm that has a paralegal doing attorney work (writing substantive letters, making strategy decisions on cases, etc.), is very different from a law firm where the attorneys do all of the attorney work. Be sure you know who will be working on your case and their credentials.
Q8. What are you most proud of in your career? In your personal life?
Get a sense for the attorney’s values by asking her to describe a case that has meant something to her. You’ll understand a lot about her style and substance by hearing her describe a proud moment. If she’s willing to discuss a proud personal moment, that could be a great opportunity for you to see who she really is. I figure that clients have to entrust a lot of sensitive information to me about their lives, so I definitely don’t mind sharing now and again about my own if asked. It’s the least I can do to bond with my client on a human level.
Q9. At what stage do you get a positive outcome for most of your clients?
Some attorneys like to get to court as quickly as possible. Some attorneys like to try to secure a victory at an earlier stage for their clients. If you are a “rush to court” person, you should find an attorney with a similar mindset. If you prefer an attorney who tries to get a positive outcome sooner, even without having to file a lawsuit, you should hire an attorney who shares a similar point of view.
Q10. How involved do I have to be?
My style is to include the client if she wants, but my preference is to just let her sit back, relax, and let me handle the nitty gritty details of her case without stressing her. Some attorneys may want more client involvement, particularly if they can get a client to do some of the legwork. Figure out how much involvement is comfortable for you, and make sure your potential attorney is a good match for your comfort-level.
Above all, make sure that you like your potential attorney. You will talk with her for hours, email frequently, and she will know more about you than many others in your life might. If you like her, feel like she understands you as a human being, and that she will work tirelessly for you, then it’s a match. And, of course, if you want to talk to me about a disability benefit application, appeal, or lawsuit, feel free to call and ask me any of these questions!
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