A table of the foreclosure statistics within the United States, published by a Utah foreclosure specialist.
Archive for 2010|Yearly archive page
Mediation v. Arbitration v. Litigation: Pros and Cons
In Utah law firms on August 12, 2010 at 10:57 amNielsen & Senior, a Utah law firm, just published a really nice info-graphic detailing the pros and cons of mediation, arbitration, and litigation. I thought I would re-post it here as a solid reference. Enjoy!
Utah Estate Planning: How an Attorney Can Help You Prepare
In Utah estate planning on April 30, 2010 at 4:25 amLife Insurance agents report that one of their greatest challenges is getting people to confront their own mortality. Whether young or old, whether they have children or not, many people do not savor the idea that they are not going to live forever and are reluctant to make preparations for that eventuality.
It should go without saying, but the death of a loved one, a parent, a spouse, or even a business partner brings with it dramatic changes of every variety. How is the surviving spouse going to meet expenses? What will happen to the house? Who will take care of the children? What happens to your bank account? What about the rest of your assets? What kind of taxes are involved? What about your pets?
In the business world, the concerns are just as numerous. What will happen to your business? Who will run things? What happens to your stock? Did we mention taxes?
Utah probate law deals with the issues pertaining the administration of one’s estate after that person’s death. There are many Utah estate planning attorneys in Utah who are skilled at estate planning and help their clients find answers to all of these questions before they become an emergency. Whether you need help creating a will and testament or a living trust, many people have received the estate planning they need at one of Utah’s legal firms.
Some of the most common estate planning tools in Utah are the will and testament and the living trust. A will and testament is a document, which must be signed and witnessed, that identifies the person who will administer an estate and identifies which individuals or organizations will receive property from the estate. While a will can legally be drafted by anyone of sound mind over the age of 18, a skilled attorney can help their clients avoid pitfalls, guarantee that all legal requirements are met, and ensure that the testator’s wishes are actually reflected in the will. The more complex your estate, the more you will benefit from the assistance of one of Utah’s expert estate planners in drafting your will. While you probably won’t ever see the effects of inadequate drafting, a poorly written will can create confusion, frustration, and bitter disputes after your death.
Another common tool used by Utah’s estate planners is the living trust. A living trust is created while the property owner is alive and can be advantageous in reducing tax liability, managing financial privacy, and controlling the use and disposition of property both during and after the owner’s life. Assets in a living trust avoid the process of probate. Therefore, with the help of an attorney, one can create a living trust while alive that will determine the use, the beneficiaries, and the trustee of his or her property all while limiting tax liability of his or her estate at death.
Many Utah legal firms specialize in Utah will and trust estate planning and handle estates of all sizes and complexity.
What are Utah Personal Injury Attorneys Trying to Prove?
In Utah personal injury attorney on April 21, 2010 at 9:08 amUtah personal injury law deals with physical, mental, or emotional injuries suffered by an individual due to the negligence of another party. These types of injuries are recognized by the law and, when the necessary negligence is shown, can result in the awarding of money damages to the injured party. So what exactly are these attorneys trying to prove?
A Utah personal injury attorney may handle cases in a number of subcategories, the most common of which are traffic accidents, Utah products liability, and Utah medical malpractice. In each type of case, the plaintiff suffers an injury due to the defendant’s negligence. However, the defendant’s negligence takes different forms in each type of personal injury case.
Traffic accidents happen in Utah every day. When we drive our cars, not only are we expected to conform to Utah’s traffic laws, we have a duty to exercise reasonable care. This means that even if the speed limit is 65, if there is snow on the ground, reasonable care dictates that we drive more slowly than the speed limit. Often, failure to obey traffic laws is evidence of a lack of reasonable care, but if a driver causes an accident though he or she hasn’t broken any traffic laws, the personal injury attorney’s job is to prove that the driver did not exercise reasonable care and that that lack of care caused the plaintiff’s injuries. Injuries from traffic accidents can be severe, and courts can award damages to compensate a plaintiff for the cost of treating injuries as well as the personal or emotional cost of the injury itself.
In Utah, products liability cases arise when a company designs, manufactures, or otherwise introduces a product into Utah’s stream of commerce without taking the necessary care to ensure that the product is reasonably safe. In a products liability case, the personal injury attorney’s job is to prove that the plaintiff was injured because someone introduced a product that was unreasonably dangerous due to a flaw in design, manufacture, or in providing proper labels or warnings. As with a traffic accident, injuries suffered due to defective products can be severe, and a successful plaintiff can be awarded damages by a Utah court to compensate them for that loss.
Finally, many Utah legal firms litigate medical malpractice claims that arise from injuries suffered due to inadequate or incompetent medical care. Medical professionals have a duty to exercise reasonable care and professional competence when treating patients. When a medical treatment goes wrong due to medical malpractice, the results can be catastrophic. Utah personal injury attorneys working in the medical malpractice field must prove that a health care provider failed to provide care that is consistent with the standard of care that is typical in the state of Utah and that an injury resulted from that substandard care.
Utah legal firms have some of the finest personal injury attorneys in the country. These attorneys handle cases arising from all kinds of negligence, whether traffic accidents, products liability, or medical malpractice. Victims of these types of negligence have rights and may successfully prosecute their claims in court.
What is a Utah Custody Evaluator?
In Family Law on January 18, 2010 at 10:07 amIf you are in the middle of a divorce, you are probably sick and tired of hearing new terms. Often times, these terms are set in a legal jargon and cannot be understood without a law degree. The key to making your divorce a success is to learn as much as you possibly can about each and every new term. The most difficult part of any divorce is the Utah custody rights ‘battle.’ If you and your spouse have a child, there are additional criteria you must meet before your divorce can be finalized. One of these criterion is to attend the 2 hour class advising couples on the affects of divorce. Similarly, you might have to participate in a Utah custody evaluation. What does this mean and what are Utah custody evaluators? A custody evaluation is when a court-authorized person (usually a psychologist) interviews and assesses each and every member in the family and determines the child’s best interest.
According to the Utah State Court, the custody evaluation process should be as follows (taken from http://www.utcourts.gov/resources/forms/#Custody_Evaluation).
1. Evaluator receives the court order of appointment from one of the attorneys and is notified of the web site where the new rules, forms, and custody evaluation procedure can be downloaded.
2. Evaluator commences and completes information-gathering component of the evaluation and notifies the parties or their counsel within five business days of completion of the information-gathering process.
3. Counsel arranges a Settlement Conference including the commissioner or judge, the evaluator, all counsel (including the GAL), and the parties (except children) within 45 days of notice from the evaluator that the information-gathering is complete.
4. The evaluator completes the identifying information on the “Settlement Conference Report” and makes written notations of topics to be covered verbally concerning “Summary of Children’s Needs” and “Summary of Each Parent’s and Stepparent’s Ability and Propensity to Provide for these Children’s Needs.” The evaluator does not enter notations for “Rule 4- 903 Considerations” or “Legal and Physical Custody Recommendations,” but should be prepared to verbally present his/her conclusions. The commissioner or judge will determine if custody recommendations will be issued.
5. During the Settlement Conference, the Commissioner/Judge advises the parties of the process and lets the evaluator know if custody recommendations are to be presented. The evaluator distributes copies of the partially-completed “Settlement Conference Report” for further individual note-taking. After the evaluator presents his/her findings, the counsel and parties determine if settlement is possible, either at that time or after further negotiation. At the conclusion of the meeting, the Commissioner/Judge (a) issues restrictions on what the children are told about the findings and by whom, and (b) restricts distribution of the “Settlement Conference Report” and asks the parties’ counsel to retain their clients’ copies.
6. Evaluator receives, preferably within 10 days after the conference, (a) a request from any counsel/party in the case that a written report is necessary or (b) notice from counsel that a settlement has been reached and the evaluation case can be closed. If a report is necessary, any additional retainer needed is collected from the parties in the same proportion stated in the order. The evaluator completes the report and completes the “Table of Contents”, which is placed on top of the report and forwarded to the court and to all counsel. If no report is needed, any retainer held for the writing of the report is returned to the parties and the case is closed.
As stated in step 1 of the Custody Evaluation process, one of the divorce attorneys appoints the evaluator. Even still, the evaluator must make a neutral decision regarding the well-being and best interest of the child(ren) in question. Custody evaluators have a duty to make professional decisions using the facts of the case only.
Understanding the custody evaluation process is so important to understanding your Utah parental rights. The custody decision is one of the most important decisions that will be made in your divorce because it involves the best interest of your children. Take this seriously and learn as much as you possibly can about the custody evaluation process.
Tips to finding a good Utah tax attorney
In Tax Law on January 18, 2010 at 9:53 amWhat exactly is a tax attorney? A tax attorney is similar to an accountant, however he/she has experience and specializes in tax law. Tax attorneys can be most helpful if you are starting a business and need legal and tax counsel, if you are under criminal investigation by the IRS, if you need “the protection of privilege because you have committed tax fraud, or many other reasons.
The right Utah tax attorney can be just what you need to start your Utah-based business off the right way. But, the key is to find the right tax attorney. Here’s everything you need to know.
1. It’s all in the title. You can’t use a qualified tax attorney without him/her having the right qualifications. First things first…any tax attorney that you consider needs to have a Juris Doctor (J.D.) degree. Similarly, they need to be admitted to the Utah state bar. Both of these requirements ensure that your tax attorney is capable of handling Utah tax law. Your tax attorney should have his/her master of laws degree in taxation (LL.M.). Tax attorneys earn this qualification once they have completed advanced tax law training.
2. Check the background. Do a little bit of research when trying to find the perfect tax attorney. Where did they go to law school? Is it a well-known law school? Where did they receive their advanced training in tax law? These are very important questions to find out before hiring your tax attorney in Utah. It can be helpful to choose a tax attorney that has a background in accounting or who is a CPA (Certified Public Accountant).
3. Ask the right questions. Some of these questions include: “What do you specialize in?” “How long have you been practicing tax law?” “How much do you charge?” “If you can’t help me, can you refer me to a qualified tax attorney who can?”
There are several things you must do before hiring a tax attorney. Check their title. If ‘J.D.’ and ‘LL.M.’ aren’t in the title, don’t even consider them.
