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All your transactions with a Law Firm are covered by tight Attorney External link mark Client Privileged Communication. The lawyer/law firm can not reveal anything about the client or their transactions, business dealings, etc. unless specifically authorized by the client. The exception to this would be if ordered by a Court which is a possibility but something very rarely seen.

While we would all like to think that no one would ever intercept our email communications with our lawyers or anyone else, it happens. It is especially likely if you are in a contentious lawsuit with someone who wants to know your "game plan" may be to win the case or ensure that a judgment is made. The lawyer is also responsible for maintaining the attorney client privilege, which is what ensures that everything that is said is held in confidence. If a lawyer is not using such an email system, they cannot ensure that they are providing their client with the privilege they expect.

Your firm can aggressively use metadata on opposing counsel and their clients and others can use it against you. This puts your client relations in danger. By inadvertently revealing private information contained in metadata, you would breach attorney External link mark client privilege.

Suing your Attorney - Let's assume the judge not understanding too much about offshore structures says well I don't see anything here to justify the violation of attorney client privilege, what do you think the other side does next, walk away and forget about you?

Not so fast, they can smell your assets and want a big bite as soon as they can get it. They see a chink in your armor that they are not finished exploiting. The chink is you did not use an attorney External link mark in a privacy oriented jurisdiction even though you might have used an offshore structure in one. So now they just add your attorney into the lawsuit as an additional defendant alleging him or her to be a conspirator in the plot to defraud the creditor out of his pound of flesh he wishes to take from your life savings, real estate, business, estate, etc.

This gives them a shot at piercing attorney client privilege which is to say the attorney used an offshore structure to make discovery impossible thus thwarting justice and is sheltering the defendants assets behind attorney client privilege as another layer in the scheme to defraud their client from collecting his lawful court ordered debt by grabbing your assets. If the other side is motivated and has money they will wear down your asset protection strategy until they can reach out and grab your assets.

If you'r sued a lawyer in a privacy jurisdiction like Panama and did your formations there and banked there, you would be the one wearing down your adversary who would be getting frustrated spending time and money and getting nowhere in the Panama courts. They would be getting their cases dismissed for lack of jurisdiction, incorrect venue, etc. This could motivate your adversary to settle for pennies on the dollar after they had a very expensive taste of the Panama Courts, or they just decide they can't penetrate your structure not even being sure what your structure is and plain give up.

Using a lawyer in your own country to formulate your asset protection strategy is a weak link that should not be presented to a financial enemy. The same applies to using an attorney External link mark in another country where privacy and justice have disappeared. One privacy hating unfair jurisdiction can usually reach out to another privacy hating unfair jurisdiction and get their assistance, alleging almost anything will work in these jurisdictions.

Some of these countries actually respect the court orders from another country, all that is required is a trip to the local court to have the foreign court order rubber stamped and thus domesticated and made enforceable. This is common with money judgments from foreign countries in the privacy hating jurisdictions but you do not have much to worry about in Panama.



Revision: r1 - 2014-02-20 - 05:02:33 - EbonI211

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