Robert T. Schirle - Page 10

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          client was brought into the office to execute the insurance                 
          settlement check for deposit into the firm's client trust                   
          account.  The client's portion of the settlement proceeds was               
          distributed to the client by check or in cash.  If the medical              
          provider's bill was for more than one-third of the settlement,              
          contact was made to obtain the provider's agreement to accept               
          only the one-third amount.  If the 1-year anniversary of the                
          accident was approaching and/or if there was no apparent ability            
          to settle the claim, cases were reviewed for possible litigation.           
          If necessary, petitioner prepared and filed a complaint.                    
          Recording of Fee Income and Preparation of Tax Returns                      
               By 1988, the income to petitioner's law practice consisted             
          primarily of insurance settlement checks from personal injury               
          cases.  There were three major categories of insurance settlement           
          checks:  Property damage, medical payment (med-pay), and bodily             
          injury.  For property damage settlements, the check typically was           
          deposited into the firm's client trust account, and the proper              
          amount then was disbursed to the body shop or the client.  On               
          occasion, a check simply was endorsed over to the body shop or              
          the client.  Med-pay checks often were received in advance of the           
          final resolution of the insurance claim.  Accordingly, these                
          checks typically were deposited into petitioner's client trust              
          account and were held for a considerable length of time to                  
          determine whether the client ultimately was entitled to keep the            
          med-pay amount.  The firm earned no fee on med-pay amounts until            



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