The Asset Protection Review (APR)

Clients facing a lawsuit or judgment need expert guidance when it comes to protecting vulnerable assets and facilitating permissible transfers. As a Texas asset protection attorney, we mobilize the resources of the Texas Constitution, the Property Code, and Texas case law to protect the homestead, wages and salaries, retirement plans, and certain personal property from execution on a judgment.

An asset protection review (APR) is a good starting point if a client is uncertain about what action to take when confronted with litigation or a judgment. Our goal for the client is to construct a strategic assessment of the client’s vulnerability along with suggested steps to better protect assets.

APR Format

In terms of format, the APR is a dialogue between attorney and client (rather than a formal analysis or report). It is conducted entirely online, supplemented by a phone or video call if necessary. The maximum stipulated attorney time for an APR is two hours, which may be spread over up to three business days, after which the consultation automatically concludes. By way of explanation, this is not a three-day consultation. We allow the APR to be spread over that period of time, up to the two-hour maximum, in order to facilitate thorough and thoughtful Q&A with the client.

We do not offer consultations or any other legal services by text. Texting may be suitable for quick personal communications, but sentence fragments and one-liners are insufficient for professional discussions of a legal case. Please go to a keyboard device and take your time.

APR Fees

Asset Protection Review or APR (up to 2 hours): $1,500 for issues up to $1.5M; $1.5M to $2.5M – $1,950; $2.5M and up – $2,500. If seeking guidance to protect assets when a judgment or litigation (pending or threatened) is involved, this is the appropriate consultation option. Asset protection advice is $750 per hour thereafter. However, clients needing extended guidance beyond the APR should consider a flat-fee asset protection retainer for 30 days ($2,500), 60 days ($3,500), or 90 days ($5,000). The APR is currently offered online only with phone and video conferencing available after the initial email exchange.

Beginning the APR

If you would like to proceed with an APR, we would ask that you first provide us with a concise list of assets and liabilities (not full financials); a narrative description of your current circumstances and entity/asset protection structure, if any; and a summary of any legal action that may be currently on file or threatened.

If litigation is pending, we would also need to know if any written discovery (interrogatories or requests for production) has been served upon you, and if you have replied (If so, we will need copies). It is important for us to know what you may have already disclosed to the plaintiff.

Asset Protection Retainer

The additional option of a fixed-term retainer is available for clients who need asset-protection guidance that extends beyond the two-hour APR. In such cases we offer a flat-fee asset protection retainer for 30, 60, or 90 days. This retainer is a one-time, non-refundable flat-fee for the agreed-upon term. It is not subject to hourly billing or accounting. The retainer automatically expires at the end of its term.

Retaining us as your Texas asset protection lawyer does not include our direct participation in any litigation, mediation, court appearances, or replying to post-judgment discovery, all of which are among the duties of the client’s litigation attorney.

Online Process for the APR

We are an email-oriented office, so our online asset protection consultation begins with an email back-and-forth dialogue between attorney and client. Our attorney’s objective is to first gather basic facts and documents, after which he can offer a legal opinion, answer questions, and advise on suggested options. This process has proven very popular with clients, because it is unrushed and the client has a written email record of the legal advice given. So we do not jump straight to a phone call, although a phone or video conference is certainly available if needed, after the initial email discussion.

LLC Books

We form traditional LLCs and Series LLCs in Texas and Nevada

Availability and Response Time

We are generally available on business days during normal office hours (Monday through Friday, 8-5 CST). Our response time is usually one to two business days from the time we receive all necessary information and payment from the client – but it can vary according to our backlog.

Payment

Advance payment is required. There are a variety of available payment options on the website’s payment page, including credit/debit and Paypal, as well as wire transfer and direct deposit to our operating account at Wells Fargo. If you would like a no-obligation statement prior to making payment, we will gladly provide one. Files go into our queue in the order in which payment is made.

Supporting and Background Documentation

Supporting and background documents may be transmitted by email or fax to (832) 201-5327. We do not open a file or save attachments until payment is made, so please wait until after you have retained us to send these as there will be no file to put them in. Please supply only documents that are directly relevant to your legal issues.

No Tax, Bookkeeping, or Accounting Advice

Our asset protection counsel does not include tax, bookkeeping, or accounting advice. We are not tax advisors, nor do we have a CPA on staff. All clients are encouraged to consult a qualified CPA and/or investment advisor as part of the client’s professional team in order to be fully informed on the tax and financial implications of proposed asset protection measures.

Next Steps

Please complete our Client Inquiry Form. Our initial response will be preliminary and general in nature and not a formal legal opinion or consultation. You will then have the option of proceeding with paid legal services if you wish.

Thank you for your interest in our law firm. We look forward to being of assistance to you.

“Six years ago, David guided me through implementing an asset protection plan. I was sued by two major US banks. Both got six-figure judgments but no one collected a dime. David knows real estate law and asset protection!”