Professional Practice Concerns

While the practice area known as asset protection has become mainstream, the discussion of the professional ethics associated with the issues arising from asset protection planning have not. This section offers guidance to attorneys about what is ethically permissible or not, and also issues relating to the planners’ potential liability if creditors are unjustly harmed.

• Ethical Issues – [Coming Soon]
  A collection of major attorney ethical opinions dealing with debtor-creditor planning issues.

• Planner Liability
  http://www.assetprotectionbook.com/a2_asset_protection_professional_concerns_planner_liability.htm
  A collection of opinions regarding the liability of debtors’ planners to creditors for aggressive, egregious and sometimes fraudulent planning.

• Asset Protection Against the IRS?
  http://www.assetprotectionbook.com/a2_asset_protection_professional_concerns_federal_tax_liability.htm
  Discussion and collection of opinions relating to planning designed to thwart the IRS's collection of tax debts, and why it may be considered to be criminal in nature.

Cases

• In re Galaxy Computer Services, Inc., 2004 WL 3661433 (E.D.Va. 2004) -- Crime-Fraud Exception to Attorney-Client Privilege applies in Fraudulent Transfer case.

• In re Andrews, 186 B.R. 219 (E.D.Va. 1995) -- Crime-Fraud Exception to Attorney-Client Privilege applies in Fraudulent Transfer context.