A nationwide practice of helping
injury victims through their attorneys
Don't let defendants
and their insurers
dictate the financial
terms of the claim
-Dick Risk
“A negligent defendant responsible for causing injury to our clients should
not be able to dictate the terms of a structured settlement. Qualified
Settlement Funds are a vehicle for the Plaintiff to take control of the
settlement process. Dick Risk has assisted us and several of our clients in
navigating the complex waters of QSFs. He has educated us on the benefits
of such funds, prepared opinion letters and drafted court documents to
establish the fund. Dick’s advice and work is cost effective and delivered on
time. His capable and professional work has allowed us to maximize
recoveries for many clients and I am pleased to recommend him to my
colleagues around the country.”
Robert F. Spohrer, Esq. — Trial Lawyer, Member of Inner Circle of
Advocates, Listed in Best Lawyers in America, Spohrer Wilner Maxwell &
Matthews, Jacksonville, Florida

“I have been representing injured victims or the families of deceased
victims for the past 29 years. During this period, I have had numerous
occasions to consult with professionals to assist in protecting the assets
recovered as a result years of hard work of hard work. My involvement with
Dick Risk in a traumatic birth trauma case involving a severely injured infant
was an eye-opening experience. Dick was a professional beyond reproach.
His knowledge of the law concerning QSFs and the details involved in
protecting the assets of this young person were invaluable. I thought I was
somewhat knowledgeable in this area; how wrong I was. Dick's ability to
explain the specifics gave me a clear understanding of how easily things
can go wrong if not handled by someone with Dick's abilities and
George F. McNally, Esq. — Past President, Nevada Trial Lawyers
Association, The McNally Law Firm, Ltd., Reno, Nevada

“As Montana’s Insurance Commissioner and a member of [the National
Association of Insurance Commissioner’s] executive committee, I will
continue to work with folks like Dick Risk to secure a fair new model law and
make sure existing laws are enforced.”
John Morrison, J.D. — Auditor, Securities Commissioner and Insurance
Commissioner, State of Montana, Helena, Montana

“I want to thank you for all your advice, guidance and recommendations in
connection with this settlement. As you know this was a very complex case
involving six wrongful deaths and over 100 beneficiaries, most of whom
resided outside the United States. Many of these beneficiaries were minors
who lived in countries where there were no laws which provided clear
guidance on how to handle the distributions in those countries. Additionally
we received the settlement proceeds in several installments over many
months. By setting up a Qualified Assignment Trust and thru the use of
annuities we were able to protect the rights of all the beneficiaries. We
appreciate the professional manner in which you handled this process. We
could not have navigated thru this complex maze without your assistance.”
Robert A. Krause, Esq. — The Spence Law Firm, LLC, Jackson, Wyoming

"I would like to commend you on the clarity and thoroughness of your
drafting. The writing aspect of the practice has been woefully neglected. It is
refreshing to read your documents."
Tom Little, Esq. Principal, Little Meyers & Associates, Ltd., Past
President, National Structured Settlements Trade Association

“Dick has distinguished himself by becoming the single-most prolific
thinker and writer on subjects and topics germane to the structured
settlement industry ... widely regarded as the industry’s most zealous
champion of consumer rights in the settlement process ... instrumental in a
project designed to have the Treasury Department issue guidance that
would enable more injury victims to protect themselves in all types of
Jack L. Meligan — President, Settlement Professionals, Inc, Founding
President, Society of Settlement Planners, West Linn, Oregon

“Here are the articles we’ve referred to in the past [on IRC § 130 qualified
assignments from single-claimant qualified settlement funds]. The last
page is just the first page of a 46-page law review article by Richard Risk.
[Three of the four articles cited by the IRS official in a letter to a requestor for
tax guidance were written by Risk.]”
Terrance McWhorter — Office of Associate Chief Counsel (Income Tax and
Accounting), Internal Revenue Service, U.S. Department of the Treasury,
Washington, DC

“Mr. Risk is one of the leading advocates and a pioneer in a nationwide
effort seeking the protection of the rights of injured claimants in settling their
claims. ... On a daily basis, he is educating the public, researching issues
and providing policy input. Mr. Risk is a tireless advocate for the consumer.”
Bruno R. Mazzotta — Vice President and Director, Society of Settlement
Planners, Structured Settlement Advisors, LLC, St. Louis, Missouri

“A relatively new concept is the qualified settlement fund. It really takes the
insurance company who is paying the money into the settlement out of the
picture and eliminates some of the abuses that we had where insurance
companies come in and want to fund this themselves. It’s sort of like they’re
getting back what they’re paying out. I think a plaintiff’s attorney does a
disservice to his client when he allows the insurance company to do that.
After all, if they are telling you they want to pay so much money, then what
difference should it make to them where it goes, if they are truly wanting to
resolve the matter? It’s something that we lawyers need to be aware of. We
need to have the benefit of those who are at the cutting edge of these
qualified settlement funds, such as Dick Risk.”
Edwin W. Ash, Esq. (deceased) — Fellow of the American College of Trial
Lawyers, Listed in Best Lawyers in America, Ash Law Firm, Tulsa,

“Our office has come to use the process called a qualified settlement fund.
Over these years of working with insurance carriers or large companies,
when it comes time to settle and if the choice is made to structure, they want
to continue their participation in the business of my client. Very frankly, I’ve
resented that. With the qualified settlement fund, it allows me and [the
broker I select] to manage the settlement, without benefit of interference
from a defendant or his carrier, to offer a high quality settlement to my client.
... After all, my duty continues in that phase and even after the settlement
and, I may add, Mr. Risk has that same duty and it, too, continues after the
settlement is made. [The QSF] has been a great asset in the handling of our
cases. It gets the defendant away from the negotiating table at the time he
should leave, which is the time he places money out there. I have been very
satisfied with it, and it has all worked to the benefit of our client.
James E. Frasier, Esq. — Past President, Oklahoma Trial Lawyers
Association, Frasier Frasier & Hickman, LLP, Tulsa, Oklahoma

“We were asked to assist the plaintiff law firm in settling a case ($5.0+
million) that was on appeal involving a blind and disabled minor child. The
defendant, the State of California, wanted out quickly and was not being
cooperative. The State of California didn’t want anything to do with a
structured settlement. The child’s mother wanted to insure her daughter
would be taken care of for life and not outlive her money. The plaintiff
attorneys also wanted to take advantage of the tax-deferred benefits from
structuring their fees to both themselves and their firm. We presented these
settlement needs to Richard Risk and he promptly explained to us that a
Qualified Settlement Fund (QSF) was the vehicle that would allow us to fulfill
each party’s request. First, for the State of California, the QSF would allow
them to cash-out quickly and with minimal paperwork. Second, for the
plaintiff, the QSF would allow the mother to preserve the ability of her
daughter to receive the lifetime tax-free benefits from a structured
settlement. Third, for the plaintiff attorneys, the QSF would allow the
attorneys to preserve their ability to structure their fees (to both themselves
and their firm) and receive significant tax-deferred benefits. Mr. Risk walked
us through the QSF process, providing the necessary documents,
answering all of the parties’ questions (promptly and accurately) and was
always available for last-minute adjustments. I would not hesitate to use
him in the future.”
Robert W. Johnson — Forensic Economist, President, Robert W. Johnson &
Associates, Los Altos, CA

“As a Director and Founding Member of the Society of Settlement Planners,
a non-profit organization dedicated to assisting injury victims, claimants and
attorneys in resolving their legal financial claims, and advocating the injury
victim’s right to choose settlement planning advisors and the concomitant
financial and guarantee providers, I can proudly proclaim Richard 'Dick' B.
Risk, Jr., Esq., as the consummate consumer advocate for the members of
our organization and those we serve. I have worked closely with Dick on a
host of legal issues and on a wide variety of cases. Without exception, I
have been impressed with Dick’s consistent and persistent tenacity in
protecting the consumers’ rights. I can tell you that there are a lot of people
claiming to be experts on 468B QSFs in this country, but Dick is truly at the
very top of the list. Dick has been a valuable resource to many of my dearest
clients and a good friend of mine for many years now. All of us on the
plaintiff side should be glad Dick is on our side and so willing to share his
knowledge to help defeat the defense-imposed abuses of the structured
settlement industry.”
Charles J. Derenne — President (2006) and Director, Society of Settlement
Planners, Premier Settlements, Milwaukee, Wisconsin

“Thanks for your help. I could not have done it without you. …You are worth
every penny.”
Joseph W. Tombs, J.D. – Partner, Amicus Financial Advisors, LLP, Lubbock,
Texas, and President, Registry of Settlement Planners (RSP)

“Dick, you are a gem. I’ve never sounded smarter [referring to letter drafted
by Risk for the attorney].
Steven B. Goff, Esq. — Trial Lawyer, River Falls, Wisconsin

“We'll do it again soon, I'm sure.  It was great to work with someone of your
standing and passion.”
Paul K. Isaac, J.D. — President, Settlement Professionals of Buffalo (New

“Your input on our recent settlement with a QSF was invaluable.  I look
forward to working with you on future cases.”
Stephen E. Barnes, Esq. — Trial Lawyer, Barnes Firm, P.C., Buffalo, New
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