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.
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.
Asset protection guidance in cases of judgments or litigation against the client is $750 per hour with a two-hour minimum for the initial consultation.
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. (Note please: we begin with the email exchange to gather basic facts. We do not jump straight to a phone call.)