Advocate Capital, Inc. Law Firm Financing Blog

Law Practice Management Stories

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

Share Provides Online Service to Public


Latest recall updates from six different agencies on, Advocate Capital Inc. reportsWith all of the recalls in the news lately, there is no doubt many Americans are apprehensive about products they have purchased. is a reputable, online service used to alert the public of unsafe, hazardous and defective products comprised of information from six federal agencies: CPSC, NHTSA, US Coast Guard, FDA, USDA and the US Environmental Protection Agency. This online service allows people to view recent recalls and even search for recalls that are not quite as current.


From, the public can search for information under the following subjects: consumer products, motor vehicles, boats, food, medicine, cosmetics, and environmental products. In addition, consumers can play their part by reporting any problems with a product from this website.


Tina Burns

Vice President


Standing Up for Our Nation’s Veterans


Today, everyone at Advocate Capital, Inc. proudly salutes the brave men and women of our armed forces and their families. We thank you for your service and all the sacrifices made for our freedom.


We would also like to acknowledge our clients, like Attorney and Army veteran Brewster Rawls, who help fight for the rights of veterans and military families across the United States.


Specializing in VA and military medical malpractice law, Brewster and the attorneys at Rawls, McNelis & Mitchell, P.C. make it their mission help this under served population and educate them on their rights to quality medical treatment.


In a recent interview with Michael J. Swanson, Brewster discusses what makes his firm one of the top military malpractice firms in the nation:



Advocate Capital, Inc. supports the important work of law firms, like Rawls, McNelis & Mitchell, P.C., in getting our nation’s veterans the justice they deserve.


Tina Burns

Vice President


A Team of Rising Stars and Super Lawyers


Advocate Capital Inc. Clients Banys PC Super LawyersBanys P.C. of Palo Alto, California has only been in business for a year and half and they are already making a name for themselves and building a reputation as outstanding lawyers.


For three consecutive years, the firm’s Founder Christopher Banys has been named a “Top 100 Trial Lawyer” by The National Trial Lawyers and a “SuperLawyer” for Northern California listings. In 2012, The Recorder named Mr. Banys a “Lawyer on the Fast Track”, a prestigious award received by only 50 lawyers in California.


Managing Attorney Richard Lin has represented clients in civil litigation matters for over a decade and been named a “Rising Star” by SuperLawyers since 2012.


Jennifer Gilbert, Senior Attorney, achieved the “Top Women Attorneys in Northern California” and “Rising Star” statuses by SuperLawyers in 2014. Ms. Gilbert is experienced in complex litigation and is dedicated to pro bono services.


Banys, P.C. is a team of trial lawyers devoted to getting results for its clients. The firm brings intelligent, effective advocacy to courtrooms around the nation in intellectual property, commercial, personal injury and class action cases.


May the accolades continue to mount for this growing law firm and congratulations on your success!


Tina Burns

Vice President


Trifecta for Robert Simon and the Simon Law Group


Advocate Capital Inc. client Robert Simon AwardsCongratulations to attorney Robert Simon, Brad Simon, and the entire team at The Simon Law Group for a fantastic 2014!


This year Robert Simon was named Orange County Trial Lawyers Association’s “Young Gun” Trial Lawyer of the Year, was inducted into ABOTA (American Board of Trial Advocates) and was awarded CAALA’s Rising Star Award.


Robert received the “Young Gun” award based on his exceptional trial skills, commitment to clients, and dedication to the principals of legal ethics and preserving access to the civil justice system.  Induction into the prestigious ABOTA group requires at a minimum completion of 10 civil jury trials to verdict.  His peers in CAALA (Consumer Attorneys Association of Los Angeles) voted him as the best trial lawyer under 10 years of practice.  CAALA is the nation’s largest local association of plaintiff attorneys.


The Simon Law Group is a family affair. Not only are Robert and Brad twin brothers, but their parents and siblings are also part of The Simon Law Group.  The Simon team prides itself on treating clients like they are family.  They specialize in personal injury matters with offices located in Los Angeles, Orange County and South Bay, California.  For more details on The Simon Law Group and the fantastic work they do, click here.


As Bob stated recently, “Alas, I am just the front man.  The producers and writers of what I do in Court are my brothers, my family and of course my wife.”


Advocate Capital, Inc. is proud to partner with The Simon Law Group as they pursue justice on behalf of their clients. Congratulations to Robert and the entire Simon Law Group!


Donna A. Jones

Senior Vice President


A Well Deserved Honor


Pay It Forward Matt Sturdivant and Tiffany Orth

Tiffany Orth is the latest recipient of our Pay It Forward award. Matt Sturdivant, the previous recipient, presented the award.


Tiffany has worked in our Marketing department since 2013 and has made many positive contributions since her arrival not only in our department but for  the entire company. Tiffany was offered this award for her patience, kindness and willingness to teach and share her skills. Tiffany consistently possesses a positive attitude and is always smiling.


Congratulations Tiffany on this well deserved recognition and honor.


Tina Burns 

Vice President


Steve Brady and Client Secure Unanimous Jury Verdict


Advocate Capital, Inc. Client Steve BradyCongratulations to Steve Brady and his team at The Brady Law Group on a unanimous jury verdict for this client in a recent San Francisco trial. The Defendants offered $375,000 to settle before the trial and Mr. Brady countered with $999,000. After a 10-day trial, the jury returned with a unanimous verdict for $1.1 Million.


The Plaintiff was a 42-year old union construction laborer working on a road-repaving project. He had his back to traffic in a “coned off” lane of the road when he was struck by the side mirror of the defendant’s van. He was diagnosed with a torn rotator cuff and adhesive capsulitis. His injuries ended his career.


The defense argued vigorously that his injuries were a result of the Plaintiff’s 10-year history of working with jackhammers and heavy construction equipment. The defense had an extremely skilled attorney and 2 doctors spearheading their claim that the accident was not the cause of Plaintiff’s injuries.


After a ten-day trial, deliberations lasted for three days before a unanimous verdict was entered for the Plaintiff. The Plaintiff was awarded $31,000 in medical bills, $185,000 in past lost wages, $389,000 in future lost wages, and $488,000 in general damages. Nine jurors found the Plaintiff to be 1% at fault.


We at Advocate Capital, Inc. are proud to serve attorneys like Steve Brady, who are willing to fight the top defense teams and large insurance companies to achieve justice on behalf of their injured clients. Congratulations for a job well done and an outstanding result!


Donna A. Jones

Senior Vice President


Advocate Capital, Inc.’s Team Hope Hosts Food Drive


Advocate Capital Inc. Team Hope Food Drive Second Harvest Food BankDid you know that 1 in 6 Tennesseans is at risk of hunger and that 1 in 4 children in Tennessee does not know where their next meal will come from? For the month of November, Advocate Capital, Inc.’s Team Hope will be teaming up with Second Harvest Food Bank of Middle Tennessee to help change these troubling statistics. But we need your help!


Not only will we be collecting non-perishable food items at our office in Nashville, but we will also be hosting a Virtual Food Drive for those to donate from any location. Click here to donate to the Virtual Food Drive, and help us meet our goal of raising $1,000. Needed items include: canned fruit, soup, stews, pasta, canned vegetables, canned chicken, canned tuna, peanut butter, and cereal.


November is a month to celebrate giving thanks, so help us give local families something to celebrate, as well, this holiday season. All donations are greatly appreciated!


Tina Burns

Vice President


All Hallows Eve at Advocate Capital, Inc.


On FAdvocate Capital Inc. best costume winner Lisa Larkinriday, October 31, Advocate Capital, Inc. Nashville office employees came dressed in their favorite Halloween costumes or football team apparel for this month’s employee appreciation event. Everyone enjoyed a delicious lunch catered by Jim ‘N Nicks along with tailgate style sides and desserts made by employees.


The hallways were filled with creepy décor and lots of laughter during the day’s events including a Best Costume Contest, Trivia and a secret ‘Spooky Game’ for the brave individuals willing to take a risk to win a prize. All employees voted for the ‘Best Costume’ and the winner, receiving a free ½ day of vacation, was Lisa Larkin as the Stick Figure Woman.


Next, brains were put to the test with trivia questions about Halloween, football and Advocate Capital hosted by our very own Alex Trebek. After two rounds and a tiebreaker, Paul Myers and Kelly O’Leary won the $50 gift cards.


Advocate Capital Inc. wrap the mummy game winnersIf it wasn’t mysterious enough, everyone made their way outside for the optional secret spooky game – Wrap the Mummy! Participants were assigned into teams of three and worked against the clock to wrap their teammate as quickly and completely as possible. After 2 minutes and several rolls of toilet paper, the winning team was Laszlo Kovacs, Debbie Ivey and Kelly O’Leary.


Thanks to all the employees for making this event spooktacular. Special thanks to the Marketing Team for planning and hosting the event.


Be sure to check out our Facebook and Google+ albums to see photos for more photos.


Tina Burns

Vice President


Free CLE Webinar: “GM Ignition Switch Litigation Update”


Advocate Capital Inc. client Lance CooperPublic Justice continues its Special Speakers Series on Wednesday, November 12th, at 2:00 PM ET/11:00 AM PT.


This informative webinar will be conducted by Lance Cooper of The Cooper Firm in Marietta, Georgia.   If this name seems familiar it is because Mr. Cooper has been interviewed on almost every media outlet in the country in 2014 regarding his case Melton vs. General Motors which launched the investigation into perhaps the worst auto scandal in history.


The webinar topics include:


  • Status of the MDL cases in New York and state cases around the country.


  • Findings of the Valukas Report (GM’s June 2014 report to federal regulators outlining the problems leading to the ignition switch recall crisis) and the implications to the ignition switch litigation as well as GM cases generally.


  • Discussion of the Feinberg Plan to compensate victims, including claims submitted and awards made to date.


In addition to representing the Melton Family against GM, Lance Cooper has handled cases against Ford Motor Company, Honda, Toyota, Continental General Tire and many other corporate entities.  He has successfully prosecuted hundreds of cases against corporate American and received numerous multi-million dollar jury verdicts and settlements.


This free Speaker Series is for “members only” so please be sure to sign up for the webinar today.  If you are not yet a member of Public Justice, please join immediately to enjoy the many benefits offered by this outstanding organization.


Click here for more details.


CLE credit is available for most webinars. See CLE requirements for your state.

(CLE from the following states is available through CLE reciprocity: AK, AZ, CA, CO, FL, ME, MN, NJ, NY, ND, NV, OR and WI. Please check your state’s bar website for more information on reciprocity requirements.)


Donna A. Jones

Senior Vice President


Industry News: $55.3 Million Awarded for Defective Seatbelt


Honda defective seatbelt lawsuit, Advocate Capital Inc. reportsCongratulations Stewart J. Eisenberg and Daniel J. Sherry Jr of Eisenberg Rothweiler Winkler Eisenberg & Jeck PC for your monumental $55.3 million verdict against Honda Motor Company.


A jury has ordered Honda Motor Company to pay more than $55 million to a Pennsylvania man who became a quadriplegic after his 1999 Acura Integra (his car is pictured left) rolled over and his seatbelt failed to prevent his head from striking the roof of the vehicle. The accident occurred when a tire blowout caused Mr. Carlos Martinez to lose control of his vehicle as he was driving to work in suburban Baltimore. Mr. Eisenberg and Mr. Sherry skillfully represented the plaintiff who resides in York Pennsylvania during the nine day trial in Philadelphia. The jury unanimously determined the vehicle’s seatbelt was defectively designed. The verdict is the largest recorded in Pennsylvania history for an auto defect case. It includes $25 million for Mr. Martinez’ non-economic damages, $14.6 million for future medical expenses, $15 million for his wife’s loss of consortium, and $720,000 for loss of earnings.


Having prior knowledge of the defective design, Honda Motor Company failed to use a safer design alternative and did not provide adequate warnings to consumers about the faulty seatbelt. During discovery Mr. Eisenberg and Mr. Sherry uncovered a 1992 roll over test in which the seat belted driver would strike his or her head on the roof of the Integra, but Honda did nothing further to protect drivers from this hazard. Mr. Eisenberg is quoted as saying:


Honda’s failure to alert the public to this hazard caused Carlos Martinez to suffer debilitating and painful injuries. This incident could and should have been avoided by a safer design that already existed. Through this verdict, we are hoping to prevent such unnecessary and devastating injuries from happening to others.


Congratulations Mr. Eisenberg and Mr. Sherry for your landmark victory!


Jeff Glueck

Vice President – Business Development


2014 Nevada Justice Association Convention in Napa, CA


Advocate Capital Inc. booth at 2014 NJA ConventionAdvocate Capital, Inc. would like to thank the Nevada Justice Association’s Development Director Julie Ostrovsky, Office Manager Kathy Cowan, and the entire NJA convention planning committee for helping Mike Swanson and I feel welcome during the NJA 38th Annual Convention in Napa, California. We appreciate your support and look forward to working with you in the future.


The convention was a relaxing experience for attorneys and vendors alike.  We were able to visit with existing clients, make new friends and meet current prospects. The networking events also provided an excellent opportunity to visit and get to know attendees and other vendors in a more casual setting.


Be sure to check out pictures from the convention on the Advocate Capital, Inc. Google+ page or on the company Facebook page.


Thanks again!


Lisa Wagner

Senior Vice President, Client Services


Advocate Capital, Inc.’s Team Hope Raced for the Cure



On Saturday, October 25th, Advocate Capital, Inc.’s Team Hope joined together in support of the Susan G. Komen Foundation for the annual Komen Race for the Cure. Team Hope was well represented with 24 participants consisting of 13 Advocate Capital employees and their families.


Advocate Capital Inc. Team Hope Komen Race for the Cure 2014

A grand total of $2,083.00 was raised for the foundation! We would like to extend a huge thank you to all participants and donors for helping us surpass our goal! If you did not have a chance to donate before the event, you still have until November 15th to do so here at the Advocate Capital, Inc. Team Page. There you can also view a full list of team members and donors.


Click on our Facebook and Google+ albums to view all pictures from the event.


Tina Burns

Vice President


Philip Layfield Recovers for Family of Police Shooting Fatality


Advocate Capital Inc. client Philip Layfield recovers for family of police shooting victimShootings involving police officers have dominated our national news headlines in recent months. While police officers are charged with protecting the public, they are not entitled to use excessive force to do so.


Phillip Layfield and the team at Layfield & Wallace, APC took a city’s police department to task for use of excessive force by their police officers which resulted in a young man’s death. The young man was attempting to surrender to police after a high-speed chase ended in a suburban neighborhood. The police had surrounded the young man’s vehicle and ordered him to raise his hands. By all witness accounts the young man was complying with his hands raised in the air when, without warning, two of the three officers discharged their weapons, a total of 20 times. The young man was hit by 13 of the 20 rounds and died at the scene.  The officers claimed they feared for their lives, and the safety of others, stating the young man dropped his hands.


On behalf of the young man’s parents, Mr. Layfield filed suit against the city claiming battery, intentional infliction of emotional distress and wrongful death. After the defendants removed the case to federal court the plaintiffs added excessive force, municipal liability and failure to train to the claim against the city. The plaintiffs also bolstered the trial team with the addition of Carl E. Douglas. Mr. Douglas specializes in police misconduct cases and received national recognition as part of the defense team in the O. J. Simpson murder case.


The officers claimed use of reasonable force was justified as they believed the young man was reaching for a gun and was a threat to their safety and others. No weapons or drugs were found in the search of the young man’s car. After extensive discovery, the firm was successful in settling the case at mediation for $490,000.00. Unfortunately for the family, the use of excessive force by the police officers resulted in the loss of a young man’s life.


Layfield & Wallace represents personal injury clients in the greater Los Angeles area, taking on the tough cases and winning.  To read more about other cases and outstanding results achieved by Philip and his firm, click here.


Advocate Capital, Inc. is proud to partner with firms like Layfield & Wallace, APC who fight for justice on behalf of those who cannot fight for themselves.


Donna A. Jones

Senior Vice President


Oklahoma Court Upholds Family’s Right to Pursue a Wrongful Death Claim


Advocate Capital Inc. client Maples Law FirmThe Supreme Court of Oklahoma recently found that a nursing home arbitration agreement is not binding to beneficiaries or next of kin in the event of a wrongful death claim. The opinion arose from a case involving clients of the Maples Law Firm, a family seeking compensation following the death of a loved one at an Oklahoma City nursing home.


According to court documents, in 2010, a then 87-year-old woman was admitted to the Grace Living Center. As part of admission, the woman’s daughter, acting as her representative, signed a Dispute Resolution Provision stating that any legal matters would be handled by a third-party arbitrator and not through litigation.


However, within a year, the woman’s son and daughter sued the nursing home, claiming negligence and the violation the Nursing Home Care Act. The Grace Living Center asserted that, due to the arbitration agreement signed by the woman’s representative, the claims must be dealt with through arbitration. Before any response was made, the woman passed away in June 2012.


Acting as the personal representative of the woman’s estate, her son petitioned the court to amend the initial suit to add survivor claims and wrongful death claims. The trial judge granted both.


In an effort to repel the ruling, Grace Living Center argued that the arbitration agreement still applied to surviving family members of the deceased, and therefore, the family could not seek litigation. The District Court of Oklahoma County concluded that the wrongful death claim is separate from the arbitration agreement and denied the nursing home’s motion.


Congratulations Ray Maples on this important ruling for your client.


The Maples Law Firm, located in Oklahoma, seeks justice for injured people and their families. Client satisfaction is of the utmost importance to The Maples Law Firm.


Jeff Glueck

Vice President, Business Development


Christian Scranton – Part 1 of 4 – Pilot and Plaintiffs’ Attorney


Click on the video to watch part 1 of Mr. Swanson’s interview with Christian Scranton of Scranton Law Firm in Concord, California, as he discusses how being a pilot makes him a better plaintiffs’ attorney.



Tina Burns

Vice President



IRS Ruling Regarding Accounting Treatment of Client Case Costs


Since 1982, the IRS has ruled that contingent-fee related case costs paid by law firms are actually loans to the client, or advances made on the client’s behalf that the law firm expects to recover. The IRS ruling further states that those costs may NOT be deducted as a business expense on the law firm’s tax return. If selected for an audit by the IRS, accounting for client case costs as a business expense, could result in significant fines and penalties and a potentially sizable tax bill for the law firm. According to the IRS ruling, case costs related to contingent-fee cases should be reported for accounting and tax purposes in the asset section of a law firm’s Balance Sheet.


Are you applying the correct accounting treatment to contingent-fee client case costs?


If you use QuickBooks, this short video will provide you with information to help you make sure your law firm is adhering to the proper accounting treatment of client case costs and if you’re not, it will demonstrate steps to get you on the right track.



If you have questions or would like additional information on this issue, please contact us via email at


Because these costs represent a non-deductible expenditure of a law firm’s cash resources, they essentially sit on the law firm’s books as a receivable – often for years, while the law firm works to achieve justice on behalf of its clients. Advocate Capital, Inc. provides contingent-fee law firms with strategic business solutions to help law firms address this important financial issue.


If you would like to talk a representative about how the Advocate Capital, Inc. program may be able to help your Practice, visit our website or call us toll free at 877-894-9724.


Lisa Wagner

Senior Vice President, Client Services


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

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