Asset Protection Review (APR)
Process and Fees
If you are unsure about what steps to take with regard to entity formation or asset protection generally, or would like a discussion of your legal options, we would be glad to assist you with an asset protection review.
What is an APR?
This is the description of the APR process summarized from our website:
The APR is an analysis of circumstances and goals with recommendations for action. It is a good starting point if a client is uncertain about what action to take regarding a business/investment structure or defending assets. We ask that you provide us in advance with a concise list of assets liabilities (not full financials) as well as any legal action that may be pending or threatened. Note that the APR is a dialogue between attorney and client (rather than a formal report) which must occur within the immediate time frame (three days) to be included in the flat fee.
In terms of format, the APR is a dialogue between attorney and client (rather than some sort of glossy formal analysis or report).
The APR is conducted entirely online, supplemented by phone if necessary. It is not necessary to set a specific appointment time. The APR must occur within the immediate time frame (three calendar days) to be included in the APR flat fee. Per our Fees & Policies, the APR may take up to 2 hours of attorney time and is subject to our usual reasonableness standard as to its content, scope, and duration. By way of clarification, this does not mean that we offer a three-day consultation. As noted, the time allowed for an APR is 1.5 cumulative hours of attorney time, which may be spread over that period of three days. All consultations and APRs automatically conclude and any documents provided are automatically considered final after three calendar days.
Note that Mr. Willis no longer practices either federal or U.S. bankruptcy law (it is a specialty nowdays) and therefore may only offer general comments in those areas. Our focus is more on the state exemptions and maintaining/defending them in state court. We can refer you to a bankruptcy specialist in the Houston or Dallas area if that is needed.
APR fees are $525 for issues up to $600,000; $600,000 to $1.1M - $750; $1.1M to $5M - $1,500; in excess of $5M - $2,500. It is payment that puts your task in the queue and causes us to open a file, make a record of any case information you may send, and/or download any of your attachments. Response time is one to two business days from the time we receive all necessary information and payment from the client.
Our Responses to Q&A
We respond to emailed questions during business hours on business days. Our obligation to respond does not extend to evenings, weekends, or holidays. Example: one client recently emailed an extensive list of questions Friday evening at 11:30 p.m. The following Monday, at 7:00 a.m. he emailed again saying "I sent my questions to you three days ago - where are my answers?" That is not how our process works. Our internet presence does not mean that this is a 24/7 law office. Also, although we have many clients in different time zones, U.S. Central Time governs our definition of a business day.
What We Need from the Client
If you would like to proceed with an APR, we would ask that you provide us with a concise list of assets and liabilities (not full financials); a concise summary description of your current entity/asset protection structure, if any; and a description of legal action that may be currently on file or threatened, along with copies of the pleadings (Original Petition and Original Answer) in any pending lawsuit.
If litigation is pending, we would need to know if any discovery (interrogatories, requests for production) has been served upon you.
You would then need to go to "Payment" on the website and handle the applicable legal fee.
Transmission of Supporting Documents
Copies of supporting documents can scanned/emailed or faxed to (832) 201-5321. Please email or fax copies of these after making payment (not before, since we will not yet have set up your file). Professional courtesy requires that each document be transmitted in conventional scan/email fashion, as a single document, rather than sending multiple pages all as separate attachments (very cumbersome and time consuming for the recipient). For this reason, please do not use jpeg format. And please avoid "data dumps" by including only relevant items. Very large document transmissions may result in our switching from a flat fee to our $350 hourly rate (two-hour minimum).
If you have any questions about the APR process, please do not hesitate to ask. We look forward to assisting you.
OFFICE OF DAVID J. WILLIS ATTORNEY - R/E BROKER
All clients are bound by website "Fees & Policies." NOTICE: No attorney-client relationship is created by our preliminary comments in response to online inquiries unless and until this firm expressly accepts the case and is monetarily retained.