Home › Forums › General › EHTrust/EHT Topics and Creative Real Estate Financing › Steps to protect myself from an attorney
March 6, 2008 at 11:15 pm #4541
While meeting with an attorney to discuss other issues, I brought up Bill’s trust system that we use for our real estate business. He was quite interested and thought the system was great. He said he was interested in more information since he had a couple clients a month that might find it useful.
The bonus here is that he was willing to learn about land trusts on his own dime. I told him I might be able to let him look over the documents of a transaction that I’ve already done so that he can understand how it all works together. My concern is: What prevents him from getting the information and then using it himself? Is there some form/contract that I should have him sign restraining his use of the information? NARS has copyright information all over the documents, so is that enough?
BradMarch 7, 2008 at 12:40 am #24849
I wouldn’t give him anything but the trust document and the beneficiary agreement to look at, and then let him know that all materials are copyrighted and trademarked with a bona fide Patent Pending status on all of our forms, documents and systems.
We currently have a list of some fifteen wannabe copycats across the country that will owe us thousands once our patent is issued (assuming it is). I try to head them off when I see that they are using our proprietary and intellectual materials. but some think they are beneath the radar (they’re not). And we plan to nab ‘em in the Welsh rarebutt as soon as we get the go-ahead.
To confirm our patent status and the folly of attempting to end-around anyone of us (you included…you are one of us and nobody better mess with you), one could speak with our patent attorney in Salt Lake City (Von North) and/or our local attorneys in Southern California (Maurice and Carolyn Kempner of Kempner and Associates, as well as David Robinson of Robinson and Schmidt, L.A.).
Now, here’s the deal: We can’t stop someone from ordering documentation through us; although we would never solicit them, and can notify you of such orders and pay you the difference between our published fee and your member fee for any transactions you would be responsible for and would personally deliver to us. If, however, he were one day to attend one of our major workshops and become a member (we can’t stop him, though it would not be overtly encouraged), he would then be availed of the same fees and privileges you have as a Network member, and there would no longer be a way to compensate you..
The other thing is that our trustee (EHC) will not accept any transaction that is not prepared and reviewed by North American Realty Services. This means that if your guy would try to do any of it on his own, he’d have to either set up his own independent non-profit trusteeship and collection service, or violate the basic tenets of the land trust model: a real dangerous undertaking in today’s litigious society. Most of those who have tried it, have already been sued out of existence (by heir clients who findout to late about things like the Doctrine of Merger, and the Doctrine of Equitable Conversion, the Statutes of Uses, the Doctrine of Trusts, and the like).
I don’t know whether any of this helps or not, but it is…what it is…
BillGattenMarch 7, 2008 at 9:06 pm #24850
Thanks Bill. That info is what I was looking for.
You must be logged in to reply to this topic.