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AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 512
Experience:  15 years law practice experience
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There is a law in CA which allows any resident to make them

Customer Question

There is a law in CA which allows any resident to make them immune from all lawsuits. If an attorney or CPA knows about it and does not tell a client about it and the client loses assets, what is recourse to the attorney or CPA?
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,Thank you for using our forum, my name is ***** ***** I look forward to assisting you today.Regarding your first question - there is no such law granting immunity from all civil suits to any residents of the state of CA. (There is not even any law that states anything resembling, or approximating this).In response to the second question - as there is no such law, there is no corresponding penalty for non-disclosure for CPAs or Attorneys (there is nothing for them to disclose to their clients, so there is no penalty).
Customer: replied 5 months ago.
Sorry Bill you are wrong, there is. This is confirmation you need to buck up on the laws in the state of CA. sorry. if you want to know more, you can email me at***@******.*** cheers
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I have successfully practiced law in CA for a long time, but if you feel differently, I am not going to spend time trying to convince you otherwise.I am going to "opt out" and allow another expert to follow up with you.Please do not post any further at this time as it will delay the next expert's ability to follow up.If you need any assistance in the meantime, please contact our customer service at: you for using our forum, and I do wish you the best of luck.Bill
Customer: replied 5 months ago.
That is great, the highest level asset protection attorneys in CA are amazed at what we are doing so don't feel bad, if you want to know more, contact me. it is CA law!!
Expert:  AttyHeather replied 5 months ago.
Hi, I am Heather, an attorney with 15 years practice experience and I would like to assist you for information and not as legal advice. I do not believe there is any such law in the State of California, or in any State in the United States. In fact, if an attorney represented that there was such a law, he or she could probably be sued for malpractice depending on the circumstances. Does this answer your question?
Customer: replied 5 months ago.
Hi Heather, I can send you the law, it has been on the books since 1970 and ERISA was modeled after it. The question I have is; once an attorney, CPA or other professional knows about it, can they be liable if they "do not" tell their clients about it. Thank you
Expert:  AttyHeather replied 5 months ago.
Hypothetically, if there was such a law, and it was relevant to the particular case, then yes there could attorney liability, but this would be very fact specific.
Customer: replied 5 months ago.
Heather, there is such a law in CA and we are the foremost experts on it and have a patent pending trust administration system built around the law which was enacted in 1970. It has been on the books for 46 years and no one knows about it. One of the attorneys who we have given a license agreement to, made the comment in his opinion if an attorney, CPA, or licensed professional knew about this law and a client could have made the election under the law to take advantage of the asset protection it provides, their would be a professional liability exposure. Similar to if an insurance agent does not offer life insurance and they sell it, beneficiaries have an action against agent. There is case law on this.
Expert:  AttyHeather replied 5 months ago.
Ok. It sounded like you were saying that the law granted immunity from ALL civil suits to ANY residents to the state of CA. I am not a patent attorney, so I have not heard of the law to which you are referring. An attorney practicing in that area should have a good handle on the various relevant laws. That's amazing that it's been on the books 46 years, yet no one has heard of it!
Customer: replied 5 months ago.
That is what happens, if any CA resident makes the election under the law, all their assets are immune from all law suits and creditors!! There are a handful of attorneys who know about it, they only create the trust and do not administer them. We have created the patent pending system which does it all, and we license it to law firms who are in that space.
Expert:  AttyHeather replied 5 months ago.
That's amazing if that is the case - - I just have not heard of that law. You should obtain the statutory citation for this law so that you can better discuss it with people. If you had a citation, any lawyer should be able to look it up. Did you have anything further I can help you with today?