
Asset Protection Planning
Position yourself at a strategic advantage to change the behavior of your opponents.
The Goal of
Asset Protection Planning
Make Yourself Shark-Proof
The best way to protect your assets is to erase the incentive for predators to attack. Merely having an Asset Protection Plan makes you less attractive for potential predators because they know their efforts to take your assets will be wasted.
With an Asset Protection Plan, you will have strategies and procedures that will protect you from liability and pitfalls that cost you your assets and peace of mind.
Why You’re A Target
Robin Hood Syndrome
Juries don’t like that you have high income. Studies have shown that juries subconsciously redistribute wealth because they think it’s the right thing to do, despite the fact that the only thing you did wrong was to become a successful business owner or professional.
They think that a lawsuit will not put a dent in your wealth, so predatory lawyers are encouraged to go after those with deep pockets.
“Divide & Conquer” Lawsuits
Law school teaches that a sure way to get a big settlement from a lawsuit is to sue everybody involved in a transaction.
In the case of a lawsuit against a doctor, the lawyers will sue every party that is remotely connected to treating a patient and let the doctors, nurses, anesthesiologists and hospitals fight it out amongst themselves. This forces every party to protect themselves by blaming the others involved.
The lawyer simply sits back while they fight and waits to cash your check.
Plaintiffs Have Nothing To Lose
Most lawyers work on a contingency basis. Therefore, the plaintiff does not really have much out-of-pocket expense when they file a lawsuit.
When you settle, the lawyer takes a cut and the balance goes into the plaintiff’s pocket. This also makes the predator-lawyer an investor in the case.
Therefore, the lawyer will stop at nothing to get the highest rate of return on their investment; namely, destroying your business and taking your assets.
The Discovery Phase Nightmare
Discovery is when lawyers will bleed you dry and rack up your expenses.
Discovery is the process in which parties to a lawsuit request documents, depositions and information from each other in order to “discover” evidence for trial. For a defendant, this is often the most expensive, destructive and stressful phase of litigation.
Plaintiffs intentionally make it painful for you and your bank account by requesting irrelevant documents that take time and money to produce. They will also put you through the indignity of a deposition designed to attack you, destroy your credibility and embarrass you to the point that you will give up and cut them a check to go away.
This is typically the time when most defendants surrender and settle the case. The destructive nature of discovery is stressful enough as it is, but they will also try to use what they find to later publicly discredit you and your abilities as a business owner or professional.
Without a proper Asset Protection Plan, which prevents them from even asking about your protected assets, you are left exposed and are required to comply with their demands and embarrassing questioning.