This post is also available in: Korean

• We Do Not Overshare

Our Top Priority: Preserving Attorney-Client Privilege

We Provide Customized Legal Advice

We specialize in Asset Protection Planning

When a police officer arrests a suspect, the Miranda warning is read. “You have the right to remain silent.” “Anything you say can be used against you in a court of law.” “You have the right to an attorney.” Everyone understands that in situations involving suspected crimes, the stakes are high and that sharing information carelessly can have serious consequences. You could be put in jail and lose your basic rights. Most people know not to say anything voluntarily without a lawyer, even if the police pressures them to do so.

However, the stakes are ALWAYS high, even when you are not accused of a crime. You have a family to protect. You have assets to safeguard. Information about you, your family and your assets, shared with a wrong person can cause harm.

You should protect information about yourself, your family, and your finances with the same seriousness as you would in a criminal situation.

Working with a lawyer can be a crucial step in keeping your personal information secure and your assets protected. 

1. We Do Not Overshare 

Lawyers ensure that only the absolute minimum information required under the law is shared with third parties and government agencies, reducing the risk of misuse.

These days, many non-lawyers and online companies provide document drafting or filing services for lower fees. Even though they provide economic options for many who need it, they often lack the experience and understanding of laws to protect the clients from oversharing their sensitive information.

One common mistake I often see is including personal information about the owners in the company incorporation documents. Once these documents are filed, they become publicly accessible, easily linking the business to the individuals who intended to protect their personal assets from business liabilities. This error not only makes business owners potential targets by the public, but it also diminishes the protection that the corporate structure is supposed to provide from business liabilities.

When interacting with government agencies or navigating court processes, many people tend to provide any information requested by officials. However, it is not their responsibility to protect your rights. Furthermore they may not be fully aware of specific rules and regulations. Consequently, they may demand more information than is legally required. Government agencies are increasingly requesting personal information and expecting us to just trust them to be careful with it. For example, the new FinCen registration for beneficial ownership of corporations requires sharing extensive personal information about company owners. My experience with government agencies indicates that government officials are often not adequately trained and may mishandle your information.

It is important to remember that the government is not above scrutiny and accountability. We have the right to defend ourselves, even against government overreach. This fundamental principle is embedded in our Constitution, which guarantees personal rights to protect ourselves. By considering the government as a potential creditor, similar to any third-party entity, we can better understand the need to protect ourselves from disclosing excessive information.

To safeguard your interests, it is crucial to have a lawyer who can process these complexities and protect you from unnecessary exposure. As stated, this becomes even more critical when sharing information with third parties that could be potential creditors. Lawyers are uniquely qualified to understand the laws and prevent individuals from oversharing sensitive information with both private third parties and government agencies.

At Jiah Kim & Associates, whether we are assisting with probate, applying for government benefits, or responding to third-party demands, our goal is to provide only the minimum information required by law while steadfastly protecting our clients’ interests.

2. Our Top Priority: Preserving Attorney-Client Privilege

Communications between a client and their lawyer are protected by the highest degree of confidentiality, known as Attorney-Client Privilege.  This privilege is a fundamental principle in our legal system. It protects individual rights and ensures the integrity and fairness of legal processes by encouraging open and honest communication. As a result, privileged information is shielded from disclosure in legal proceedings, and even courts cannot compel a lawyer to reveal it.

Examples of privileged information include conversations about legal advice or strategy, as well as written communications like emails, letters, and notes taken during meetings. This protection extends to communications with other service providers hired through the lawyer. For this reason, savvy individuals and business owners often hire them through their lawyer to extend the protection of attorney-client privilege to  those communications as well.

Understanding the difference between privileged and confidential information is helpful. Privileged information specifically refers to confidential communications between a client and their lawyer for legal advice. It is protected from disclosure, even by court order. Confidential information, on the other hand, includes any privately shared information not necessarily involving legal advice. It is protected by general contract laws, trade secret laws, and ethical guidelines. However, it can be disclosed under certain circumstances, such as court orders or subpoenas. While confidential information has strong protection, but it does not have the near-absolute protection of privileged information.

Courts typically respect and enforce attorney-client privilege, ensuring that communications are not revealed. This protection is based on the belief that maintaining trust in the legal system is crucial and that individuals should have the right to confidential legal counsel to preserve this trust.

For this reason, lawyers make it their top priority to protect their clients’ rights and interests by safeguarding attorney-client privilege.

When it comes to protecting your family and lifetime savings, generic templates and one-size-fits-all services simply don’t cut it. These solutions lack the flexibility to address the specific nuances and complexities of your situation. For example, a standard legal template might not consider particular state laws or unique family dynamics, leading to potential disputes or unintended consequences.

Until a legal AI tool is developed to fully analyze all your specific details and spit out a highly tailored solution, the best way to protect your most valuable assets is by working with a lawyer who is able to provide customized legal advice. A skilled lawyer can ask the right questions, identify potential issues, and offer personalized solutions based on current laws and anticipated changes. This tailored approach ensures that all aspects of your case are thoroughly considered and effectively addressed, giving you peace of mind and robust protection for your personal information and assets.

4. We specialize in Asset Protection Planning

We don’t just cover the basics when we provide legal services to our clients. – We go above and beyond to keep your wealth within the family for a long time to come. Our expertise in asset protection planning allows us to navigate the complex laws and create strategies tailored specifically to your needs.

Whether it’s setting up trusts or structuring businesses, we craft personalized plans to shield your assets from potential threats such as lawsuits, creditors, and unforeseen events.

By working with us, you’ll have a proactive, comprehensive plan designed to preserve and grow your wealth. Our specialized knowledge ensures that your assets are not only secure today but also prepared to withstand future challenges. Trust our experience and dedication to provide the strong, personalized protection your assets deserve.

Conclusion

A well-known entrepreneur and investor, Naval Ravikant once talked about why he prefers working with “a law firm of one,” instead of larger firms with more resources. “ You’ve got one throat to choke. There’s no one else to point fingers at; there’s nowhere to run. The accountability is extremely high.” (from Principal-Agent Problem: Act Like an Owner)

At the heart of our practice is a strong focus on accountability and personal responsibility. When you choose to work with a dedicated, specialized lawyer, you ensure that your personal information and assets receive the focused, customized attention they deserve. Our unwavering commitment to protecting your rights and interests means you get the highest level of service and expertise.

Trust us to provide the robust protection you need to safeguard your future. With our dedication, you can rest assured that we are fully accountable for every step we take on your behalf.

This post is also available in: Korean