Emergence

The emergence of better lawyers and more efficient law firms has exponentially magnified the physics of the hit. Even presidents and national political leaders are now exposed to lawsuits even while they are in office. The courts have viewed the “immunity from suit” doctrine in a new light. Presidential immunity from actions for monetary damages arising out of their official acts is inapplicable to unofficial conduct. The prevailing doctrine is that the President’s immunity from civil damages covers only official act.
Judgment-proofing your assets is neither ironclad nor permanent. Like the Maginot line, legal structures may look formidable but they are not impregnable. They may in fact give you a euphoric sense of immunity from suit. There is always an opportunity for a brilliant lawyer to spot your vulnerable zone and pierce your armor. But it still is more desirable to have a line of defense instead of leaving all properties exposed to those who wish to seize them. If you are not a risk- taker, judgment-proofing your assets is a logical step to secure the future of your family. However, judgment proofing and fool-proofing are not synonymous. There is always a way to demolish the fortification. Overplaying your hand may spawn more lawsuits. It is not always a perspicacious game plan to be totally judgment-proof. Some properties would have to be left open and sacrificed to the hounds. The propensity to settle lawsuits may work against the interest of the party offering a compromise. Donald Trump, the New York real estate magnate, does not like to present an image of someone who easily settles a lawsuit. “When a businessman becomes known as someone who easily settles cases,” Trump warned, “it creates a very bad precedent.” Trump observed that while it may sometimes be the right thing to do, it allows “vulture lawyers” to watch various companies and see who are and who are not “settlers.”