Advocate Capital, Inc. Law Firm Financing Blog

Law Practice Management Stories

A Challenge to Indiana Damages Cap


Copyright: <a href=''> / 123RF Stock Photo</a>A recent article by the Associated Press reports from Indianapolis that attorneys for a 13-year-old Ohio girl “hurt when a stage collapsed at the Indiana State Fair argued Monday that the state’s cap on liability damages is unconstitutional and should be thrown out by the Indiana Court of Appeals.” Jordyn Polet of Cincinnati “rejected Indiana’s offer of $1,690 to challenge the $5 million cap on total damages paid to victims of the 2011 collapse, which occurred when high winds blew down rigging before a concert by the country duo Sugarland. Seven people were killed and more than 100 were injured.” Jordyn’s attorney, Robert Peck, “argued the cap on total damages from a single incident means people are unconstitutionally denied equal treatment” and he said “that if she had suffered the same injury but had been the only casualty, she could have sought up to the $700,000 in individual damages.”


Originally, the state paid $5MM to about 62 victims and the Indiana General Assembly approved another $6MM for another 59 victims in 2012.  This settlement was found to be constitutional by the original judge, Marion County Judge Theodore Sosin.  Ms. Polet appealed this decision and oral arguments were recently heard in the Indiana Court of Appeals.


The full article can be read here.


Photo Credit: Indiana Capitol Building © 123RF Stock Photo

Advocate Capital, Inc. Increases Maximum Line Amount to $4,000,000


As seen on Bloomberg BusinessweekBoston Globe,  MarketWatch, and Reuters


Advocate Capital Inc celebrates 15th AnniversaryAdvocate Capital, Inc. announced today that it has raised its maximum line of credit for law firm loans from the previous limit of $3,200,000 to a new maximum limit of $4,000,000, an increase of 25%.  The increase was made possible by the renewal and increase of their senior bank credit facility to a new high of $115 million.  Fifth Third Bancorp (NASD:FITB) headquartered in Cincinnati, OH is the lead agent bank of the facility with Wells Fargo & Co. (NYSE:WFC) and New York Community Bancorp (NYSE: NYCB) also participating as lenders.


“We are very thankful for the vote of confidence from our excellent team of bankers.  Thanks to their support, we have been able to achieve a trailing 12-month growth rate of over 20%,” stated Advocate’s CEO, Michael J. Swanson.  “We are passionate about helping plaintiffs’ attorneys get even better results for their clients, mainly through our Case Expense Funding product.  Our increased bank facility will enable us to deliver on that mission for years to come.”


“Contingent-fee law firms are truly the keys to the civil courthouses in our country, and yet they face so many financial challenges,” continued Mr. Swanson.  “Our Case Expense Funding product is the only financial advantage that is available to such firms. Using our proprietary AdvoTracTM software, we track our client law firms’ lines of credit on a case-by-case basis so that the borrowing costs can ultimately be recouped from the cases themselves.”


Founded in 1999, Advocate Capital, Inc. now serves hundreds of law firms nationwide.  The firm has developed a reputation as community leader through public service projects.  They are also a vocal advocate for the constitutional rights of all U.S. citizens to have access to a jury trial as provided for in the 7th Amendment of the U.S. Constitution.  For more information visit


Meet Attorney Christian Scranton


President and CEO Michael J. Swanson recently interviewed Attorney Christian Scranton of Scranton Law Firm about his experience working with Advocate Capital, Inc. and how our case expense funding product has benefited his clients and practice.



Tina Burns

Vice President


Advocate Capital, Inc.: Looking For a Talented Sales Consultant!


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Here we GROW again!


We have seen amazing growth in 2014, and as we approach 2015 the future is even brighter. To help us help our clients achieve even better results for their clients I have an immediate opening for a Business Development Executive to join our team of highly talented and successful sales consultants.


You can view the job posting on LinkedIn here:



Or you can view the job posting on the American Association of Inside Sales Professionals (AA-ISP) here:


If you are a seasoned sales professional with home office experience (or know someone who is) I would like to talk with you about this exciting opportunity. Please send me your resume and salary requirements to


Jeff Glueck
Vice President – Business Development


Photo Credit: © oneo2 via

Industry News: Congratulations Kathleen Zellner!


Kathleen Zellner, Advocate Capital, Inc. friendOur friend Kathleen Zellner has been named Chicago Lawyer’s 2014 Person of the Year by Chicago Lawyer Magazine. The announcement was made in the December 2014 issue where she is appropriately titled “Kathleen Zellner, the rescuer” because of her tireless work helping those who have been wrongly accused and imprisoned. This well-earned distinction comes as she has won more overturned convictions than any private attorney in the country.


I have blogged about Ms. Zellner before and her $9M verdict in a civil lawsuit on behalf of Clyde Ray Spencer…Thanks to Ms. Zellner’s work Mr. Spencer was released from prison after 20 years of being wrongly accused. You can read about the details of that case here:


Ms. Zellner’s advocacy for her clients has caught the attention of national news programs like “48 hours” and “20/20” where she has demonstrated her pursuit and passion for justice. She has had her private practice since 1991 and has been representing plaintiffs in medical-malpractice and wrongful death cases ever since. She has also provided more than $1 million in pro bono hours and expenses to advocate for her clients and aggressively right wrongs on their behalf.


Congratulations Kathleen Zellner on being named Chicago Lawyer’s 2014 Person of the Year!


Jeff Glueck
Vice President – Business Development


Is it Time to Rein in Tort Reform?


Is it time to rein in tort reform, Advocate Capital Inc. reportsComing from me, this may sound like a rhetorical question (i.e. OF COURSE it’s time to rein in tort reform), but a recent article in Houstonia Magazine does an excellent job of reviewing the history of Texas tort reform and its impact on a family trying to get justice.


It tells the story of the DiLeo family and their struggles to get compensation for injuries suffered by their son, Jonathan.  Jonathan suffered from a brain tumor and due to many errors by the medical staff at an unnamed hospital in Texas, Jonathan eventually died. The family tried, unsuccessfully due to damage limitations in Texas, to get justice for their son.


This is a heart-wrenching story of the horrible consequences of this type of legislation.


The full article can be read here.


A Plaintiff Lawyer’s Guide to Taking on Hazing


Lawyers guide to taking on hazing, Advocate Capital, Inc.We have all read the news stories about the tragic deaths of students in high schools and college campuses across the nation due to hazing. Statistics show that hazing is continuing to occur and many school authorizes deny any legal responsibility.



In a recent Trial Magazine article, Expert Attorney William S. Friedlander of Friedlander & Friedlander, discusses some key points to consider when fighting for justice on behalf of the injured students and hazing victims’ families.


  1. Hazing Definitions: Definitions vary so become familiar with all that apply such as campus, organizational, statutory, functional and insurance-exclusionary. According to StopHazing, currently 44 states had enacted anti-hazing statutes, generally criminalizing or otherwise sanctioning initiation or pledge activities posing substantial risks to life of health.
  2. Theories of Liability: Thinking criminal conduct? Think again. “If liability insurance is a primary source of recovery, pursuing civil claims based on criminal or even intentional conduct will not be fruitful.”
  3. Making the Case: “Start by assessing the victim, the nature of his or her injuries, and the conduct and circumstances from which the injuries arose.” Also assess the potential defendants’ history, school history of insurance claims along with educational records. During trial, these facts will speak for themselves.


These cases are difficult, but as Attorney Friedlander states this type of “litigation may prompt schools, fraternal organizations, students and others to prevent hazing and respond appropriately when it occurs.”


Advocate Capital, Inc. is proud to stand behind attorneys, like William Friedlander, who stand up for victims’ families and fight to bring an end to hazing.


Tina Burns

Vice President


Tina Burns Celebrates 10 Years with Advocate Capital, Inc.


Michael J. Swanson presents globe for Tina Burns' 10 years of service

It was my privilege to recognize Tina Burns for having recently completed her tenth year as an employee of Advocate Capital!


Tina joined us on November 24, 2004 as an Administrative Assistant.  She soon proved to be a competent, capable, hardworking team player. Her consistently positive attitude and strong people skills enabled her to progress into several roles on our marketing team, eventually taking the lead as Marketing Manager in 2006.  In 2012, she was promoted to Vice President, a position she now holds.  In addition to leading our marketing team, Tina manages about 85 of our key client accounts.





Michael J. Swanson presents globe for Tina Burns' 10 years of service

At every Advocate Capital employee’s 5, 10 and 15-year anniversary, they receive an award for their office, a nice cash bonus and a gift card of their choice.  Tina chose a Tiffany & Co. gift card and received the pictured mother-of-pearl globe for her office (Click photo to view larger).


If you have a chance to speak with Tina, please join me in congratulating her on an awesome 10 years of service!


Michael J. Swanson

President and Chief Executive Officer


The Millennial Juror: Are you ready?


Millennial Jurors, Advocate Capital Inc. reportsHaving been recently called to federal court for jury duty, I never considered the impact generation gaps and technology potentially have on those men and women called to serve as a juror.  I was reminded of this when I recently read an article posted on Above The Law entitled “Millennial Jurors:  Entertain Us”.   Author Keith Lee points how jurors are not only getting younger (going from ‘grey hair’ to ‘blue hair’) but how they process information has also dramatically changed thanks to their rampant use of technology.


Attention spans are shortening and how this generation processes information is also changing.  The article references a piece called “The Millennial Juror” that was published in the Texas Bar Journal a few years back.  They concluded:


“Verbally presented messages should be accompanied by demonstrative exhibits which foster attention, reduced boredom, enhanced memory, increased credibility, and entertainment value.”


It appears that ‘how you dress’ and ‘how you hold yourself’ are getting competing priorities based on how the profile of the juror pool changes and continues to become “millennial”.  These changes potentially impact all aspects of a case as it is not just about the facts, but increasing sensitivities and nuances of HOW those facts are presented based on the profile of the jury.


It is a very interesting article, and I welcome you to give it a read here:


Thank you to all of our trial lawyer clients and prospects for fighting the good fight for all of us, and for continuing to be our keys to the courtroom.


Jeff Glueck

Vice President – Business Development


GM Recall Blog Featured on the Legal Examiner


Advocate Capital Inc. CEO Michael J. Swanson presenting at UNLVA recent article written by Michael J. Swanson entitled “Why the General Motors Recalls Are Important to Everyone”, is now featured on The Legal Examiner website. This blog highlights the recent video interview with Attorney Lance Cooper of The Cooper Law Firm (Click here to watch the video interview) and discusses how the GM recalls and product safety lawsuits are important to all of us.



(View the full Legal Examiner article)



Advocate Capital Inc. Michael J. Swanson featured on Legal Examiner blogThe Legal Examiner is a legal news and safety information forum provided by a network of “500 attorneys at nearly 100 different law firms.” The Legal Examiner receives around 150,000 unique visitors per month and “offers both bloggers and readers the opportunity to share their thoughts and opinions on all things law.”


Tina Burns

Vice President


Louisiana Association for Justice 2014 Last Chance CLE Conference


LAJ Last Chance CLE Conference 2014, Advocate Capital Inc. boothWill you be attending the LAJ Last Chance CLE Conference in New Orleans on December 11-12?


Paul Myers and I will be representing Advocate Capital, Inc. at our booth during the conference. Stop by and discover how our case expense funding product can help you get even better results for your clients.


The 2014 Last Chance CLE Conference will take place at the Hyatt Regency in New Orleans. This convention features two programs, “Winning with the Masters” and “Review of Louisiana Law”, with more than 25 dynamic credit courses from which to choose. Attorneys can receive up to 14 CLE credits including Ethics, Professionalism and Law Practice Management.


Don’t forget to visit our booth and enter our raffle for a chance to win Pebble Smartwatch!


We hope to see you there.


Tina Burns

Vice President


What Does Your Profile Photo Say About You?


What your profile photo says about you, Advocate Capital Inc. reportsOne of the most significant aspects of a professional social media profile is your profile photo. This is the attention-grabbing piece to entice prospective employers, clients, colleagues, etc. to look further into what you have to say and what you have to offer. Whether you are looking to make your photo more professional looking or you are just wanting to update your current photo, Social Identities has an affordable option for you.


With a quick submission of your current headshot, Social Identity Specialist, Hugh Briss, can place you in the forefront of a variety of unique and professional backgrounds, all of which are edited with precise attention to detail. Not only will you have a new backdrop, but your photo can also be edited, retouched, and corrected to better reflect your personality and professionalism.


For more information on these services, ordering options, and before and after example photos, review their article here.


Tina Burns

Vice President


New Personal Injury App for Bostonians


Advocate Capital Inc. client Joel H Schwartz PCThe Boston personal injury firm Joel H. Schwartz, P.C. has set in motion a cutting-edge, free mobile app for both iPhone and Android users.


The new Auto Accident App requires only a click of a button, and will simplify the process of dealing with an auto accident.  Following an accident, this app’s toolkit will make it easy to get emergency services, photograph the scene, contact the nearest police station, find a tow truck, locate an auto body shop, call a taxi, and locate the closest hospital in the unfortunate circumstance that medical attention is needed.  Additionally, if there are injuries, the victim can choose to have the app send all the information to the attorneys at Joel H. Schwartz, P.C., who can then schedule a free legal consultation regarding the possibility of legal action.


Joel H Schwartz PC Accident App, Advocate Capital Inc. reportsThe motivation for all of this is to maintain the highest level of support for clients.  The app will give clients and potential clients a compelling reason to select Joel H. Schwartz, P.C. for all of their legal needs.  The download is free.  It can be found on the Joel H. Schwartz, P.C. website, on iTunes for the iPhone and Play Store for Android.


The Law offices of Joel Schwartz, P.C. is one of the most widely known and respected names in personal injury law today.  Firm founder Joel H. Schwartz has been named one of the Top 100 Trial Lawyers by the National Trial Lawyers Association.  To learn more about the commendable case results the firm has achieved, visit the Achievements section on their website.


We LOVE attorneys who push the envelope on technology for their clients.  Exceptional job, Joel H. Schwartz, P.C. and congrats on the launch of this app for the citizens of Boston!


Donna A. Jones

Senior Vice President


Jury: Gun Seller Must Pay in Teen’s Death


Advocate Capital Inc. client Joel GristCongratulations to our client Attorney Joel Grist ( and his colleague Lloyd Bell ( for their $6M dollar verdict!


The incident occurred back in 2000 when the firearm (a “Saturday night special”) discharged after falling onto a table, killing the plaintiff’s son. The mother (Linda Bullard) sued for negligence on the part of the pawn shop owner who sold her the gun. Turns out, the shop owner left a live round in the chamber after unsuccessfully trying to unjam the .380 caliber pistol. The result was disaster for this family.


The gun was purchased by Linda Bullard’s adult daughter, Tiffany Hardware, for protection. A few weeks after purchasing a friend of Ms. Hardware’s set out to fire the weapon, and it jammed. Hardware took the weapon back to the pawn shop where she purchased it and the shop owner unsuccessfully tried to clear the jam. The defendant gave the weapon back to Ms. Hardware instructing her to come back to the shop the following Monday so one of his employees could clear the jam. She placed the gun in her purse and went home. That evening when Ms. Hardware arrived home and placed her purse down on the dining room table (along with other items) the gun went off striking her 15 year old brother (Billy Bullard) in the stomach. He died in Ms. Hardware’s arms on the way to the hospital that night.


In 2002, Mr. Grist filed on behalf of Linda Bullard a wrongful death suit against multiple defendants, including the pawn shop. So much time went by on this case, $1.4 million in interest was added to the $6M award amount for the family of the deceased. (Read specific details on the case)


Congratulation to Mr. Grist and Mr. Bell for your extreme patience and tenacity on behalf of the family. The victory you and Mr. Bell orchestrated for the family will never bring back Billy, but the delivery of justice will no doubt bring peace to the family so many years later. We are proud to have Mr. Grist as one of our valued clients.


Jeff Glueck
Vice President – Business Development


Support Public Justice on #GivingTuesday


Join Advocate Capital Inc. in supporting Public Justice this Giving Tuesday Join Advocate Capital, Inc. in supporting the Public Justice Foundation “Giving Tuesday” drive to raise funds for their Access to Justice (A2J) and Anti-Bullying Campaigns.


Giving Tuesday is a relatively new movement that creates a national day of giving to kick off the holiday season picking up on “Black Friday and “Cyber Monday.” Donations received during this drive will help Public Justice continue to fight for everyone’s right to a day in court and help victims of bullying achieve justice.


(Click here to donate)


We are very pleased to support the excellent work that Public Justice does for our citizens.


Michael J. Swanson

President and CEO


Happy Thanksgiving!


Thanksgiving QuotesIn observance of the Thanksgiving holiday, our offices will be closed on Thursday, 11/27 and Friday, 11/28.  All payments, fundings and other transactions received on these days will be processed promptly on Monday, 12/1. Should you have any questions regarding the processing of any transaction, please feel free to contact our Accounting Team at 1-615-577-5448 or by email to this address:



Thank you for being our valued customer. The entire ACI Team wishes a safe holiday to all of our customers, staff and their families.


Kelly A. O’Leary, CPA, CGMA, MBA, CITP, CIA, CFE

Vice President, Finance and Administration


2014 Litigator Awards™ Nominees Announced


Litigator Awards 2014, Advocate Capital, Inc. reportsThe Trial Lawyers Board of Regents™ has announced the nominees for the 2014 Litigator Awards™. The highest award in trial law, the award is presented in up to 72 Practice Specialty categories, and is based on actual “Verdict & Settlement” dollar achievement. Of the nearly 1.1 million lawyers considered, fewer than 1% will achieve the distinguished award each year.


Behind each settlement & verdict, is a real life story of an individual who placed their trust and their future in the hands of these extraordinary lawyers.


Advocate Capital, Inc. would like to extend special congratulations to our friends and clients who are among the list of extraordinary nominees, in alphabetical order:


Biren Katzman Trial Lawyers, Brentwood, California

Bisnar & Chase, Newport Beach, California

Bucci, Bailey & Javins, Charleston, West Virginia

Gilreath & Associates, Knoxville, Tenessee

Miller Law Offices, Nashville, Tenessee

Neufeld, Kleinberg & Pinkiert, Aventura, Florida

Reyes, Browne & Reilley, Dallas, Texas

Sears & Associates, Colorado Springs, Colorado

Sloan, Bagley Hatcher & Perry, Longview, Texas

The Girards Law Firm, Dallas, Texas

The Poppe Law Firm, Louisville, Kentucky


We proudly support the important work of trial lawyers in their tireless pursuit of justice.


Please Join us in congratulating “The Best of The Best.” Being nominated for this distinguished award is an honor.  Award winners will be announced on January 152015.


Lisa Wagner

Senior Vice President, Client Services


Team Hope Volunteers at Food Bank


Advocate Capital, Inc. Team Hope Volunteers at Food Bank


During the month of November, Advocate Capital, Inc.’s Team Hope hosted a food drive for Second Harvest Food Bank of Middle Tennessee. On Friday, November 21, we dropped off two full boxes of canned and boxed goods to the Second Harvest Food Bank facility.  We also had the chance to spend a couple of hours helping the facility sort and package all of their recent donations. As a team, we helped bundle over 9,000 lbs. of food! We would like to thank all of our employees who volunteered:


Jaime Bruder

Lynne Cushing

Jeff Glueck

Sarah Hazlewood

Todd Jackson

Donna Jones

Laszlo Kovacs

Lisa Larkin

Paul Myers

Michelle Rigsby

Mike Swanson


Team Hope has also been hosting a Virtual Food Drive where we have raised $1,268.00, thus far! Donations will be accepted through the entire month of November for those who have not yet had the chance to contribute.


View more photos in our Facebook and Google+ albums.


We would like to express a huge thank you to all who have donated and helped a great cause in our community.


Tina Burns

Vice President


QuickBooks® Pro 2015 Available – Advocate Capital, Inc. Clients Enjoy Special Pricing


Clients receive discount on Quickbooks 2015, Advocate Capital Inc. reportsAs we’re approaching year-end, it’s a great time to start getting your law firm’s books and records in order, taking advantage of strategic year-end tax planning initiatives and setting goals for 2015.


QuickBooks recently announced the availability of QuickBooks Pro 2015.  If you’ve been considering updating your existing version, click here to view a comparison chart highlighting the new features available in QuickBooks 2015.  Upgrading from an existing version is easy.  It comes with a downloadable link and you can be up and running with access to the new features of 2015 in no time at all.


Advocate Capital, Inc. clients enjoy a special 30% discount on new purchases and upgrades to QuickBooks products as well as complimentary access to QuickBooks Certified ProAdvisors to help navigate QuickBooks related questions.


If you’d like to take advantage of the special discounted pricing available to Advocate Capital, Inc. clients, contact your Account Representative or email us at


Our mission is to support the important work of Plaintiff Attorneys, helping them achieve the best possible result for their clients and for their practices.


Lisa Wagner

Senior Vice President, Client Services

Advocate Capital Inc. Quickbooks Certified ProAdvisor



Banys, P.C. Secures $5.4 Million Settlement in Class Action Against Technology Giant


Advocate Capital Inc. client Banys P.C.Congratulations to Christopher Banys and his team at Banys, P.C. on securing this $5.4 million settlement on behalf of over 1,800 technology workers in a class action against a major Silicon Valley employer.


The plaintiffs, all high-income earning employees, were denied vacation benefits by their employer. Although the benefits were earned through years of service, the employer stated the benefits as “sabbatical” and refused to pay. After seven years, an appeal to the Sixth District Court of Appeals and an expansion of the lawsuit to include two sub classes of employees, Banys, P.C. and the team of plaintiff lawyers were granted final approval following a comprehensive review and notification process.


Christopher Banys stated:


I am proud to have helped these California professionals recover the back pay they earned.  When a major employer cuts corners to avoid paying its employees, the whole community suffers. Banys, P.C. will always see the fight through, to make sure these companies face justice.


Advocate Capital, Inc. is proud to partner with law firms like Banys, P.C. who fight for employee rights across the nation.


Tina Burns

Vice President


Congratulations to CAOC President 2015 Brian Chase


Advocate Capital Inc. client Brian ChaseThe Consumer Attorneys of California, affectionately known as CAOC to members and supporters, held its 53rd Annual Installation and Awards Dinner at the Palace Hotel, San Francisco on November 15th.  The awards dinner included the installation of Brian D. Chase, Senior Partner at Bisnar|Chase Personal Injury Attorneys, as CAOC’s 2015 President.


Mr. Chase was the recipient of CAOC’s Consumer Attorney of the Year award in 2012 and is the recipient of countless other awards over the course of his career.  He has dedicated his career to protecting consumers against corporate wrongdoers.  He is passionate about product safety and is the author of “Still Unsafe at Any Speed”.  Brian will bring experience, passion and vision to CAOC.  His passion for protecting consumers is contagious and he will be a great leader for the organization.


Join us in congratulating, long-time friend and client Brian Chase on this next chapter as he leads the Consumer Attorneys of California as President, 2015.


Lisa Wagner

Senior Vice President, Client Services


New App for Law Firms: If This Then That (IFTTT)


New App for Law Firms IFTTT, Advocate Capital, Inc. reportsSmartphones have revolutionized the business world and the ability to work on the go. From social media to content storage, it can feel overwhelming when trying to remember to backup files, add events to your calendar or even check the weather…until now.


In a recent article from Attorney Christopher B. Hopkins of Akerman, LLP, we discover the new app IFTTT (If This Then That) that “allows you to get value from your mobile device and social media without “checking in” constantly — thus reducing your internet-induced stress.” This user-friendly app requires no coding or advanced technical knowledge. You simply create ‘Recipes’ to tell the app what to do after a certain action occurs. Here are some example recipes that Mr. Hopkins mentioned:


  • Facebook & Twitter: Eliminate opening both account and set IFTTT so that anything you write on Twitter with the tag “#FB” will be posted on Facebook (or vice versa).
  • Save Email Attachments to Google Drive: Set IFTTT to download all email attachments to a folder in Google Drive — or set the trigger so that IFTTT will save PDF attachments in a folder if you put “#receipts” in title of an email you send to yourself.
  • Weather: If it is going to rain tomorrow in [location], it will send you a text or have IFTTT send you the weather report each morning.
  • Congress or Presidential Updates: Set IFTTT to email you when the President signs a new law or Congress schedules a vote on a bill.


(Read the full article “If This Then That (IFTTT) For Lawyers”)


This is just one of the many free productivity apps available for professions to help organize your life and your business.


Download and try IFTTT today!


Tina Burns

Vice President


Nursing Home Care Levels May Be Lower Than Anticipated


Advocate Capital, Inc. reports on low levels of nursing home careMany Advocate Capital clients that have recognized that poor nursing home care is an issue in our country.


A recent report on NBC News highlights a story by the Center for Public Integrity, which reports that many nursing home patients in the US “may not be receiving the level of care their loved ones believe they’re getting.” Staffing levels “reported by thousands of nursing homes on a widely-used government website were higher than the staff levels calculated by the Center for Public Integrity through an analysis of annual financial reports submitted by the homes, suggesting that consumers in those facilities may not be getting as many hours of skilled care as they expect,” and experts “have shown that the amount of care provided by nursing homes is linked to the quality of care.” The discrepancies “raise profound questions about the accuracy of the information in the so-called Nursing Home Compare website that many consumers use to pick a nursing home for family members.” These discrepancies “occurred for all types of positions, but were particularly high for registered nurses, the most skilled and highest paid workers.”


The NBC News story can be read here.


The Center for Public Integrity story can be read here.


Roger Booth Obtains $3 Million Settlement


Advocate Capital, Inc. client Booth $3M settlement Congratulations to Roger E. Booth, the team at The Law Offices of Booth|Koskoff and their client, who recently obtained a policy limits settlement of $3 Million.


The Plaintiff was driving a forklift at his employer’s plant, when he encountered a 20 foot long metal “pole” gate that was left open, facing the wrong direction, and directly in his path. Per company policy, this gate was to remain closed and only opened in a particular manner secured with a pin. At the time of plaintiff’s injury, the gate was open, facing the wrong direction, and was unsecured. Before he could react, the end of the gate penetrated the front of his forklift and impaled the Plaintiff.  Incredibly, he survived this horrific ordeal but the accident destroyed one kidney, severely damaged the other kidney and caused substantial damage to his legs. He spent an entire year in the hospital. The Plaintiff is awaiting a kidney transplant and takes dialysis treatments three times per week.


Because the gate in this accident was a “restricted access” barrier to a particular area of the plant, one of the numerous challenges for Mr. Booth was to prove who opened the gate. If the negligent party was a plant employee, then the Plaintiff would be limited to workers’ compensation benefits.  Mr. Booth and his team undertook a lengthy and painstaking investigation to discover who was at fault for the Plaintiff’s injuries. Discovery revealed that an outside truck driver had driven through the area just 10 minutes before the Plaintiff’s accident. The truck driver’s normal route was blocked, so he opened the gate and left a trail of water in his path. Discovery also revealed that the truck driver had been working extremely excessive hours (almost 2 days) without required rest periods and breaks.


Another challenge for Mr. Booth was determining how to preserve the Plaintiff’s workers compensation medical benefits that he so desperately needed since third party liability was involved. The workers’ compensation insurance carrier had a lien of $2 Million and the Plaintiff needed lifetime medical care. After lengthy negotiations, Mr. Booth was able to convince the carrier to accept less than 20 cents on the dollar to resolve its lien, thus preserving future workers’ compensation benefits and a substantial third party recovery for his client.


Roger Booth has made it his mission to zealously represent catastrophically injured individuals. To learn more about the numerous large recoveries through settlement and verdicts, click here.


Congratulations to Mr. Booth and the entire team at The Law Offices of Booth|Koskoff on this outstanding result for your client. We at Advocate Capital, Inc. are proud to support trial attorneys as they fight for the rights of those injured due to the negligence of others.


Donna A. Jones

Senior Vice President


Advocate Capital, Inc. Fall 2014 Newsletter is Here!


Advocate Capital Inc. Fall 2014 NewsletterThe Fall 2014 Edition of Advocate Capital, Inc.‘s Quarterly Newsletter is available. This quarter’s newsletter features a video of our Client Christian Scranton of Scranton Law Firm, important IRS ruling information, Advotrac® updates, good news about your credit score and more.


Please share our valuable newsletter with your fellow trial attorneys. As noted in the newsletter, we pay referral fees for every law firm that you refer to us that joins our family of clients.


(View the full Fall 2014 Newsletter)


Tina Burns

Vice President


Case Expense Financing at a Net Cost of Less Than 1%*

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