This Legislation regulated interstate and foreign commerce in firearms, including importation, “prohibited persons”, and licensing provisions. After the assassinations of President John Kennedy, Attorney General Robert Kennedy and Dr. Martin Luther King, Jr., the Gun Control Act is passed and imposes stricter licensing and regulation on the firearms industry, establishes new categories of firearms offenses, and prohibits the sale of firearms and ammunition to felons and certain other prohibited persons. It also imposes the first Federal jurisdiction over “destructive devices,” including bombs, mines, grenades and other similar devices. Congress reorganizes ATU into the Alcohol and Tobacco Tax Division (ATTD) and delegates to them the enforcement of the Gun Control Act. “Forget the democratic processes, the judicial system and the talent for organization that have long been the distinctive marks of the U.S. Forget, too, the affluence (vast, if still not general enough) and the fundamental respect for law by most Americans. From the nation’s beginnings, in fact and fiction, the gun has been provider and protector.” Though the 1968 law was a victory of sorts for gun-control activists, many were disappointed it didn’t include a registry of firearms or federal licensing requirements for gun owners. TIME reported, “It may take another act of horror to push really effective gun curbs through Congress.” Those dynamics the disappointment of gun-control activists, particularly after moments of tragedy, running up against the very real place of guns in American society may sound familiar. What are the most important things the law changed?It banned interstate shipments of firearms and ammunition to private individuals [and] sales of guns to minors, drug addicts and “mental incompetents.” This is the first time you have in law that mentally unbalanced people ought not to be able to get gun also convicted felons. It also strengthened the licensing and record-keeping requirements for gun dealers, and that was significant because gun dealers were subject to virtually no systematic scrutiny up until this time, although a 1938 federal law did establish a fee they paid to government to be a licensed dealer. It banned importation of foreign-made surplus firearms, except those The President of the NRA, who had testified before Congress about the bill had said [paraphrasing], ‘We’re not thrilled with this, but we can live with it. I think it’s reasonable.’ The fact that he would concede there’s any such thing as a reasonable gun control legislation that represented the prevailing point of view of NRA leadership at the time, from 1968 to the late 1970s. Portions of the ’68 law were modified by a law passed by Congress in 1986, the Firearms Owners Protections Act, which sought to repeal even more of the law. It didn’t succeed, but the 1986 law does repeal or modify or blunt some of the aspects of the ’68 law. [It does that] by amending the ’68 law to allow for the interstate sale of rifles and shotguns as long as it was legal in the states of the buyer and seller, eliminating certain record-keeping requirements for ammunition dealers, and making it easier for individuals selling guns to do so without a license. The 1986 federal law was the culmination of the effort to try to roll back the 1968 law. The gun issue hadn’t been politicized in the ’60s the way it has been in the last few decades, where it has become even more angry and strident; 1968 was a year of political assassinations that shocked the nation. One of the great myths is the idea that gun-control laws are an artefact of the modern era, the 20th century. Gun laws are as old as America, literally to the very early colonial beginnings of the nation. From the beginning of the late 1600s to the end of the 1800s, gun laws were everywhere, thousands of gun laws of every imaginable variety. You find virtually every state in the union enacting laws that bar people from carrying concealed weapons. That’s something people don’t realize. The GCA is the main federal law that governs the interstate commerce of firearms in the United States. Specifically, the GCA prohibits firearms commerce across state lines except between licensed manufacturers, dealers, and importers. Under the GCA, any individual or company that wants to partake in commercial activity dealing with the manufacture or importation of firearms and ammunition or the interstate and intrastate sale of firearms must possess a Federal Firearms License (FFL). Procedural jargon notwithstanding, the enactment of 1968 GCA was a watershed moment in US politics. It was the first piece of legislation that put the gun control debate on the map. Political Context of the GCAIt should be noted that the GCA was not the first piece of gun control passed at the federal level. In 1934, President Franklin Delano Roosevelt signed the National Firearms Act of 1934 into law. The first comprehensive gun law at the federal level, the NFA taxed and mandated registration of certain firearms such as machine guns, sawed-off rifles, and sawed-off shotguns. This law was passed under the pretext of addressing mob-style violence during Prohibition, but a careful review of the New Deal era shows how the NFA was just another piece of FDR’s unprecedented social engineering program. This NFA was followed up by the Federal Firearms Act of 1938, which created a precursor to the 1968 GCA’s FFL system. Despite the government’s encroachments on gun rights, the federal government stayed away from further regulation for the next three decades. The passage of the GCA wasn’t without its fair share of opposition. Groups like the National Rifle Association, which traditionally focused on conservation and outdoor niches, were compelled to take nominally pro-gun stances. However, the NRA wasn’t alone. Groups like Gun Owners of America came into the spotlight, positioning themselves as a “no compromise” alternative to NRA. By the early 1980s, pro-gun lobbies would become pivotal actors in the never-ending circus of DC politics. deas are Still KeyAs the days go by, gun rights appear to be gradually falling down the path of statist micromanagement. But there’s something more fundamental to this trend than the cliché aphorism of eternal vigilance and conventional strategies of political activism. It really comes down to the battle of ideas. The GCA is a child of the New Deal and Great Society mindset that views the government as an omnipotent administrator of human affairs. A paradigm shift in ideas is needed to break free from this top-down vision of society. Until then, gun lobbies face an uphill battle. A solid first step is for gun owners to recognize that infringements like the GCA of 1968 must never be tolerated by anyone who believes in the right to self-defense. After three decades of quiescence in the arena of gun control politics, the turmoil of the 1960s unleashed a wave of demand for new gun control legislation. The assassination of President John F. Kennedy in Dallas on November 22, 1963, prompted the country to focus on the regulation of firearms. Then the urban riots beginning in 1964 and the 1968 assassinations of Reverend Martin Luther King, Jr. and Senator Robert F. Kennedy fueled an inferno of outrage that demanded congressional action. In the wake of these acts of violence the U.S. Congress enacted the Gun Control Act which President Lyndon B. Johnson signed in 1968. Although the Gun Control Act did not contain the owner licensing and gun registration provisions that President Johnson desired, the act, along with the Safe Streets and Crime Control Act passed by Congress months earlier, contained the most significant restrictions on firearms since Congress enacted the National Firearms Act (NFA) in 1934. THE DEVELOPMENT OF GUN CONTROL LEGISLATION IN THE 1960sA highly controversial bill that precipitated emotional debate and ferocious political battles, the Gun Control Act travelled quite a convoluted path prior to its ultimate approval by Congress. It started down its torturous road in 1963 when Senator Thomas J. Dodd, Democrat of Connecticut, championed legislation geared specifically at tightening restrictions on the sale of mail-order handguns. After President Kennedy was murdered with a military-style rifle obtained through the mail, Senator Dodd extended the reach of the legislation to include “long guns,” including rifles and shotguns. The legislation met an early demise when it was held up in the Commerce Committee and not allowed out for a vote on the Senate floor. Interestingly, the National Rifle Association (NRA) leaders initially supported the measures and even engaged in drafting Dodd’s bill. Yet the NRA leadership did not wish to alienate its more radical rank and file, so they neglected to divulge this to their members. Instead, in a letter to each of its affiliates, the NRA claimed its executive vice-president testified against the bill and prevented it from being voted out of Committee. The NRA publication The Rifleman criticized the bill as a product of “irrational emotionalism,” and the first four issues of The Rifleman in 1964 dedicated more than thirty columns to firearms legislation, never telling its members of the NRA leadership’s support of the bill. These publications provoked the grass roots members to send off a great number of angry letters opposing the bill to Congress. In 1965 President Johnson aggressively endorsed the cause of fighting crime and regulating firearms by spearheading a new, strict gun control measure that Dodd introduced in the Senate. But the Johnson administration’s proposal suffered a string of defeats over the next three years because of heavy pressure from the NRA, key congressional leaders who supported them, the American Legion, and gun importers, manufacturers, and dealers. Adding to the administration’s difficulties was the lack of an organized pro–gun control lobby to check the relentless onslaughts against the legislation by the NRA. In 1968 President Johnson and his administration intensified their efforts. Johnson began using the bully pulpit of the presidency to chide Congress publicly to enact his gun control policy. In his 1968 State of the Union address, Johnson exhorted Congress to pass a gun control law that would stop “mail order murder.” And months later, President Johnson conveyed to Congress, in no uncertain terms, his desire for crime legislation that required national registration of every gun in America and licenses for all gun owners. Both the House of Representatives and the Senate responded to the president’s admonishment in short order. Congressional representatives carefully, and often vociferously, argued about the provisions of the president’s crime legislation. The measure, titled the Safe Streets and Crime Control Bill, received stiff resistance from gun control opponents. NRA OPPOSITION TO THE ACTBy 1968 the leadership of the NRA was fully against any and all gun regulations. The group undertook a mass-mailing lobbying effort to undermine the legislation. Their organized lobbying efforts proved successful in wiping out much of the support for gun licensing and registration restrictions. Congress eventually enacted the Safe Streets and Crime Control Act, a watered-down version of the Johnson administration’s anticrime and gun control proposal. The act prohibited the interstate shipment of pistols and revolvers to individuals, but it specifically exempted rifles and shotguns from any regulations. With the assassination of Robert F. Kennedy on June 5, 1968, the groundswell of support for tough gun control laws reached unprecedented levels. On June 6, the day after the Kennedy assassination, Johnson signed the Safe Streets and Crime Control Act, but lamented the law’s weak provisions. President Johnson, who had proposed gun control measures every year since becoming president, appeared on national television imploring Congress to pass a new and tougher gun control law that banned mail-order and out-of-state sales of long guns and ammunition. Reading a letter he sent to Congress, Johnson pleaded to Congress “in the name of sanity… in the name of safety and in the name of an aroused nation to give America the gun-control law it needs.” On June 24, President Johnson again addressed the country, calling for mandatory national gun registration and licenses for every gun owner. Around this time, polls showed that approximately 80 percent of Americans favoured gun registration laws. The public flooded members of Congress with letters demanding greater regulation of guns. Protestors picketed the Washington headquarters of the NRA. Even many members of Congress who had been staunch adversaries of strict firearms regulation crossed over to the other side and rallied in favour of a tough gun control bill. ORGANIZED GUN CONTROL EFFORTSPro–gun control advocates mobilized and constructed an effective pro–gun control pressure group called the Emergency Committee for Gun Control. The bipartisan organization was headed by Colonel John H. Glenn, Jr., a former astronaut and friend of Senator Robert Kennedy. The Committee, comprising volunteer staffers who had worked for Senator Kennedy before he was assassinated, received extensive support from a variety of organizations such as the American Bankers Association, the AFL-CIO, the Conference of Mayors, the International Association of Chiefs of Police, the National Association of Attorneys General, the American Civil Liberties Union, and the U.S. Chamber of Commerce. Riding a wave of support, the Committee sought to counteract the highly organized and resource-laden NRA. Their efforts proved somewhat effective, but ultimately fell short of the group’s goal of a comprehensive scheme of gun registration and gun owner licensing. Facing this unprecedented, widespread push for gun control, the NRA became highly energized and rallied against the president’s proposed regulations. National Rifle Association executive vice-president Franklin L. Orth argued publicly that no law, existing or proposed, could have prevented the murder of Senator Kennedy. On June 15, 1968, the NRA mailed a letter to its members calling for them to write their members of Congress to oppose any new firearms laws. Using hyperbole and emotionally charged rhetoric, NRA President Harold W. Glassen wrote that the right of sportsmen to obtain, own, and use firearms for a legal purpose was in grave jeopardy. Furthermore, Glassen wrote, the clear goal of gun control proponents was complete abolition of civilian ownership of guns. Senator Joseph D. Tydings, Democrat of Maryland, who had introduced the provisions requiring licensing of gun owners and registration of firearms, responded to this accusation in a press conference calling the letter “calculated hysteria” and saying no bill would prevent law-abiding citizens from having guns. Nevertheless, Glassen’s tactic effectively energized the membership of the NRA, then 900,000 strong, just as the public outcry calling for more firearms regulations was dissipating. Whereas Congress had encountered overwhelming support for more gun control measures in the week after Senator Kennedy’s death, by late June and early July they reported the majority of the letters from constituents indicated opposition to any new gun control provisions. The battle over the president’s proposals continued in the halls of Congress in typical fashion, featuring emotionally charged debates and supporters split along specific demographic and ideological lines. In the House, opponents argued against a registration provision claiming it would be costly and ineffective in preventing crime. In the Senate, Dodd attacked the NRA, decrying its tactics of “blackmail, intimidation and unscrupulous propaganda.” The licensing and registration provisions, backed solidly by northern liberals, were easily defeated in both the House of Representatives and Senate by a conservative coalition of Republicans and southern Democrats. However, the provisions banning mail-order and out-of-state sales of long guns and ammunition fared better, passing both the House and Senate. Eastern and Midwestern members of Congress overwhelmingly supported these measures, while those from the South and West were much less supportive. Members of Congress representing urban areas staunchly supported the bill, whereas those from rural sections of the country voted against it in significant numbers. PROVISIONS OF THE GUN CONTROL ACTOn October 22, President Johnson signed into law the Gun Control Act of 1968—an instrument which, just months earlier, was considered a lost cause because of staunch opposition. The signing of the legislation represented a significant political win for the president, Senator Dodd, and other gun control advocates who had struggled for years to pass a gun control bill that would effect real change. Enacted pursuant to the Congress’s constitutional authority to regulate interstate commerce, the legislation had three major features. First, it prohibited interstate traffic in firearms and ammunition. Second, it denied guns to specific classes of individuals such as felons, minors, fugitives, drug addicts, and the mentally ill. Third, it prohibited the importation of surplus military weapons into the United States as well as guns and ammunition not federally certified as sporting weapons or souvenirs. As is usually the case in American politics, the statute did not signify a complete victory for either side. Advocates of gun control failed to get provisions requiring owner licensing and firearms registration, yet gun control opponents, typically NRA members, suffered another setback to their goal of removing governmental regulation of firearms. This partial defeat for the NRA served as the group’s wake-up call, energizing and expanding the membership of the NRA who suddenly felt politically vulnerable. Yet unlike the NRA, the pro–gun control advocates were not organized for long-term pressure politics, and their political influence began to wane. Thus in 1986 the NRA successfully weakened the provisions of the 1968 act by spearheading the passage of the Firearms Owners Protection Act. Utah Gun Lawyer Free ConsultationWhen you need legal help from a Gun Attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a smooth transfer of property outside of court and legal proceedings. Is a probate lawyer the same as an estate attorney?A probate lawyer is also known as an estate attorney and will be involved in different ways depending on the particular circumstances of that estate. Their involvement will depend on the value of the decedent’s assets and whether or not they had a last will and testament at the time they passed away. In cases where no will exists, beneficiaries file claims and sue for what they believe they are entitled to. In situations where there is a will, challenges may arise as to the validity of the will, also leading to possible litigation. What does a probate lawyer do?Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during The Probate Process: Hiring a Probate Lawyer: With a WillThe process will likely go smoother when the decedent has drafted a will prior to his or her death. If an individual dies with a will, a probate lawyer may be hired to advise parties such as the executor of the estate or a beneficiary on various legal matters. For instance, an attorney may review the will to ensure the will wasn’t signed or written under duress (or against the best interests of the individual). Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of the estate. There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor: • Collecting and managing life insurance proceeds; Hiring a Probate Lawyer: Without a WillIf you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, the surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate lawyer may be hired to assist the administrator of the estate (similar to the executor) and the assets will be distributed according to state law. A probate lawyer may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what are called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with probate court, and then assist the administrator with The Probate Process (managing the estate check-book, determining estate taxes, securing assets, etc.). Personal Representatives in Testate EstatesA “testate” estate is one that has a valid last will and testament. A will should — and usually does — name the individual the decedent would like to serve as his personal representative or executor. Courts almost invariably honor the decedent’s wishes if the person he named is still alive and is otherwise able to serve. Why wouldn’t the person named as personal representative in the last will and testament legally be allowed to serve? This can happen if he doesn’t meet all the criteria under the state’s law. He might have been convicted of a crime, or he’s suffered some mental decline that would prevent him from meeting his duties. Maybe he’s not yet legally of age. Minors and convicted felons typically can’t serve as personal representatives, nor can banks or trust companies that don’t have fiduciary powers in the state where probate is taking place. Some states have more specific rules. For example, a person can’t serve as a personal representative in Florida unless he is related to the decedent by blood or marriage, or, if he’s not, he is a Utah resident. When Beneficiaries Object to a Personal RepresentativeBeneficiaries or heirs can contest a will and object to the personal representative the decedent named in his will. This usually results in a full-blown trial where the beneficiaries and others can present evidence and testimony to convince the judge to overturn the provisions of the will or to honor them. Courts usually prefer to honor the decedent’s wishes whenever possible. When a will is contested over who has been named as personal representative, the judge will make the ultimate decision as to who will serve — the personal representative named in the will or perhaps another party nominated by the beneficiaries, or someone else entirely that the judge selects. These rules and laws can vary from state to state. What holds true in Utah might not be the case in New Hampshire. If you’re planning your will and you’re unsure about the person you want to name, check with a local attorney. Personal Representatives in Intestate EstatesIf the decedent didn’t have a last will and testament, the intestacy laws of the state where he lived at the time of death take over. The court will determine who has priority to serve as personal representative in this case, and the position is often called the “administrator” of the estate. It’s usually the surviving spouse, but if she is unwilling or unable to take on the responsibility, a surviving child or children may be appointed. The judge will work down a list of kin until someone appropriate can be appointed, maybe a surviving parent, sibling, niece or nephew, or someone steps forward to request the job. Typically, if the decedent’s heirs-at-law — those entitled to inherit from him without a will — can agree on who should serve, the probate judge will simply appoint that person. But if the heirs-at-law don’t agree, the probate judge will make the decision based on state rules and statutes How to probate a will without an attorneyThe Probate Process • Change legal ownership of assets: This may be the most straightforward part. With the court appointment, you will now be able to change assets owned by deceased to the “estate of…” Finding the Attorney Who’s a Good Fit for YouFinding a local attorney who is experienced and competent when it comes to handling a probate court proceeding may not be the hardest part of finding the right lawyer. Most probate cases aren’t complicated; they require careful attention to detail, but you don’t need a courtroom star. Most probates consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they’re probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you’re signing up with someone who: Local Probate Lawyer Free ConsultationWhen you need legal help from a local probate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Different Types Of Liability In A Restaurant Or Bar Does The Utah Anti Deficiency Law Protect Me? via Michael Anderson https://www.ascentlawfirm.com/local-probate-lawyer/ A Sole Proprietorship is one of the simplest forms of business organizations one can ever have. It is a business formed, managed and controlled by one person who is the owner. The business and the owner are the same thing. When you form this type of business, you are your own consultant, you are the decision maker and all the losses and profits come to you. They include canteens, restaurants, simple shops and boutiques. For this meaning to stand, the business should not have branches in other areas. Pros of Sole ProprietorshipThe owner enjoys all the profits of the business: since it is owned by a single person, he enjoys all the profits that the business accrues. General PartnershipsA partnership is a type of business entity owned and operated by two or more individuals. The partners contribute money in order to raise the required capital so as to start the business. All of them are responsible for how the business operates and take part in decision-making. At times, the partners might decide to allocate each of them a different role so as to enhance the efficiency and performance of the entity. If you would like to start a general partnership, have a look at the pros and cons. Pros• Easy to Start: Forming a general partnership usually takes a short time since it does not involve long legal procedures. Cons• Unlimited liability: General partnerships means that all the partners have unlimited liability. In case of business debts that the business is unable to pay, the personal assets of the partners are at risk of getting sold in order to clear off the debt. Limited Liability Partnership (LLP)A limited type of partnership is whereby all the individuals have limited liability unlike in general partnerships where all partners have unlimited liability. A partnership operates as a limited type only after the partners file an application of registration with the secretary of state. These types of partnerships used to be limited to professional services such as lawyers, accountants or doctors. However, nowadays even common businesses may apply for registration for as long as the partnership has partners that run and operate the business and partners who act as investors. Those running the business have unlimited liability while the investors have limited liability. Pros of LLP• A partner is not liable for any wrongful acts of other partners. Each partner carries their own burden and face consequences of wrongdoings individually. CorporationThis is a business entity owned by a list of shareholders. The shareholders have the mandate to elect a board of directors whose work is to oversee the day to day running of the corporation. When it comes to decision making, it is the responsibility of the directors to make sure that any decision made benefits the corporation and is in support of the corporation’s objectives. Also, the directors have the power to hire and fire employees. The employees of the corporation have the obligation to make sure that the targets of the business are met within certain duration of time. A corporation operates as a separate legal entity from the owners. This means that the owners have limited liability. As a separate legal entity, it means it can buy real estate, sue and even get sued by creditors. An established corp. can raise capital via sale of stock in the stock market. Its ownership can also be transferred from one party to another. It also has perpetual existence meaning that it can continue operating even if the ownership changes. When you want to start a corporation, most probably you will be the major shareholder with authority to appoint directors. The directors will then go ahead to hire employees that will be responsible for the running of the company. A corporation operates under what is termed as corporation by-laws. This is a set of document that provides guidelines on how the corporation should operate. These by-laws can be modified as the company grows. Every year, the corporation should hold an annual meeting to discuss how the entity has performed. Pros of Corporations• One of the most attractive things about a corporation is that the owners have limited liability. This means that in case of debts, the assets of the owners are very safe and remains untouched by the creditors. S Corporation InformationThe difference between an S corp and a c corp is based on the taxation process. When it comes to an s corp, there is only one level of taxation. The income generated by the corporation is distributed among the shareholders for taxation purposes. However, with corps, there is double taxation. The corporate pays corporate tax on its own as a corporate while the dividends generated by the company and passed down to shareholders are also taxed in terms of personal income tax. Pros of an S CorporationBefore you take a step and register your business as an s corporation, you should beware of both the merits and demerits it comes with. The merits include: Cons of an S Corporation• Cash flow vs. tax liability: Whether the shareholders get their share of dividends or not, they are expected to pay their pro rata share of taxes on the company’s earnings. This means that a corporation needs to have proper management of cash flow to avoid any inconveniences in this area. Limited Liability Company (LLC)This is a hybrid of both a corporation and a partnership. A limited liability company operates as a separate legal entity and hence has exclusive rights to buy and own assets, sue or be sued. It has a pass through taxation feature just like a corporation. This means that the members (shareholders) only suffer from a single taxation just like in a partnership. Unlike a corporation, it has no stock and does involve fewer formalities during the formation process. The owners of an LLC are called members and not shareholders like in a corporation. This has made many people refer to it as a corporation with fewer complications. This type of company operates under a set guideline of rules referred to as ‘operating agreement’. These set of rules can be modified depending on how the business performs over certain time duration. Operating a limited liability company is less complex since it only requires the members to meet once or twice a year to make or implement certain decisions. Pros of LLC• Single Taxation. An LLC does not pay taxes at the company level. The taxes charged are ones that are passed through to the members who later pay personal income tax. Factors to consider before choosing a business structureFor new businesses that could fall into two or more of these categories, it’s not always easy to decide which structure to choose. You need to consider your start-up’s financial needs, risk and ability to grow. It can be difficult to switch your legal structure after you’ve registered your business, so give it careful analysis in the early stages of forming your business. • Complexity: When it comes to start-up and operational complexity, nothing is more simple than a sole proprietorship. You simply register your name, start doing business, report the profits, and pay taxes on it as personal income. However, it can be difficult to procure outside funding. Partnerships, on the other hand, require a signed agreement to define the roles and percentages of profits. Corporations and LLCs have various reporting requirements with state governments and the federal government. Business Lawyer For Business Structures In UtahWhen you need legal help with business structure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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180 Day Waiting Period To Refile Bankruptcy After A Dismissal Estate Planning For Blended Families via Michael Anderson https://www.ascentlawfirm.com/business-structure/ Self-defense is defined as the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence. This definition is simple enough on its face, but it raises many questions when applied to actual situations. For instance, what is a sufficient level of force or violence when defending oneself? What goes beyond that level? What if the intended victim provoked the attack? Do victims have to retreat from the violence if possible? What happens when victims reasonably perceive a threat even if the threat doesn’t actually exist? What about when the victim’s apprehension is subjectively genuine, but objectively unreasonable? Force can only be used to stop an imminent use of unlawful force. A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force. Deadly force is only justified to stop death, seriously bodily injury, or to prevent the commission of a forcible felony. A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forcible felony. No Duty to Retreat (Stand Your Ground)A person does not have a duty to retreat from the force or threatened force in a place where that person has lawfully entered or remained. Is the Threat Imminent?As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat. The threat can be verbal, as long as it puts the intended victim in an immediate fear of physical harm. Offensive words without an accompanying threat of immediate physical harm, however, do not justify the use of force in self-defense. Moreover, the use of force in self-defense generally loses justification once the threat has ended. For example, if an aggressor assaults a victim but then ends the assault and indicates that there is no longer any threat of violence, then the threat of danger has ended. Any use of force by the victim against the assailant at that point would be considered retaliatory and not self-defense. Was the Fear of Harm Reasonable?Sometimes self-defense is justified even if the perceived aggressor didn’t actually mean the perceived victim any harm. What matters in these situations is whether a “reasonable person” in the same situation would have perceived an immediate threat of physical harm. The concept of the “reasonable person” is a legal conceit that is subject to differing interpretations in practice, but it is the legal system’s best tool to determine whether a person’s perception of imminent danger justified the use of protective force. To illustrate, picture two strangers walking past each other in a city park. Unbeknownst to one, there is a bee buzzing around his head. The other person sees this and, trying to be friendly, reaches quickly towards the other to try and swat the bee away. The person with the bee by his head sees a stranger’s hand dart towards his face and violently hits the other person’s hand away. While this would normally amount to an assault, a court could easily find that the sudden movement of a stranger’s hand towards a person’s face would cause a reasonable man to conclude that he was in danger of immediate physical harm, which would render the use of force a justifiable exercise of the right of self-defense. All this in spite of the fact that the perceived assailant meant no harm; in fact, he was actually trying to help! Imperfect Self-defenseSometimes a person may have a genuine fear of imminent physical harm that is objectively unreasonable. If the person uses force to defend themselves from the perceived threat, the situation is known as “imperfect self-defense.” Imperfect self-defense does not excuse a person from the crime of using violence, but it can lessen the charges and penalties involved. Not every state recognizes imperfect self-defense, however. For example, a person is waiting for a friend at a coffee shop. When the friend arrives, he walks toward the other person with his hand held out for a handshake. The person who had been waiting genuinely fears that his friend means to attack him, even though this fear is totally unreasonable. In order to avoid the perceived threat, the person punches his friend in the face. While the person’s claim of self-defense will not get him out of any criminal charges because of the unreasonable nature of his perception, it could reduce the severity of the charges or the eventual punishment. “Reasonableness” as a Factor in Utah Self Defense Criminal Cases According to Utah criminal law, you may be justified in either threatening or actually using force against another to the extent that you reasonably believe that such force is necessary to defend against the use of unlawful force by another person. This requirement of reasonableness in the use of force means that the level of force you may use can depend on the specific circumstances of your case. The specific threat you are facing can be a major factor in determining whether your use of force will be considered reasonable. A person facing an assailant who is threatening the use of a gun would likely be entitled to use more and different kinds of force than would be a person who faced an assailant who was unarmed. Similar legal principles apply both to cases of self-defense as well as using force to defend a third person. Restrictions on the Use of Force in Self Defense in UtahWhile Utah’s self-defense laws are fairly broad, there are restrictions on a person’s ability to use self-defense or defense of another as a defense in a criminal case. You may not use force in defending yourself if you are “attempting to commit, committing, or fleeing after the commission or attempted commission of a felony.” You may not use force to defend yourself if you initially and intentionally provoked the other person use of force with the intent to use that force as an excuse to “inflict bodily harm upon the assailant.” You also may not use force in defending yourself if you were the initial aggressor or were engaged in mutual “combat by agreement,” unless you have withdrawn from the fight and effectively communicated that fact to the other person. Use of Deadly Force as a Defense in Utah Criminal CasesUtah law allows you to use deadly force (“force intended or likely to cause death or serious bodily inure”) only under circumstances where you reasonably believe that such force is necessary to prevent death or serious bodily injury to yourself or another, or to “prevent the commission of a forcible felony.” Use of Force in Defense of Home or Other Property in UtahA person may also be entitled to use force in defending their home or other property. But the criminal law relating to the use of force in defense of a home or force in defense of property are different. Utah criminal law places significant restrictions on both the level of force that can be used and under what circumstances that force can be used. Utah’s Self-Defense StatuteUtah’s self-defense law is found in the Utah Criminal Code at section 76-2-402. Under this code, a person can use force when he or she reasonably believes it’s necessary to prevent harm. The danger presented must be imminent in nature and serious enough to cause injury or death. Force is also justified to prevent a forcible felony. This class of felonies includes violent crimes such as carjacking, battery or kidnapping. Utah’s Castle DoctrineThe castle doctrine is a common law doctrine stating that persons have no duty to retreat in their home, or “castle”, and may use reasonable force, including deadly force, to defend their property, person, or another. Outside of the abode, however, a person has a duty to retreat, if possible, before using deadly force. Under this doctrine, one may use force to prevent unlawful entries into a residence. Deadly force can be used if the other party acts in a violent manner. In such a case, there is a presumption that the defendant (homeowner) acted reasonably in using force to defend his or her home. At common law, self-defense claims are not valid if the defendant could have safely retreated from danger (duty to retreat). The castle doctrine is an exception to this. It gives immunity from liability to individuals who acted in self-defense in the home even if they could have safely retreated from the threat and failed to do so. The duty to retreat is a legal requirement in some jurisdictions that a threatened person cannot stand one’s ground and apply lethal force in self-defense, but must retreat to a place of safety instead. Deadly force or lethal force is force with the intent of serious bodily injury or death to another person. In most jurisdictions it is only accepted under conditions of extreme necessity and last resort. Self-Defense Laws in Utah• A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force. • A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forcible felony. • A person is not justified in using force under the circumstances specified in Subsection if the person: initially provokes the use of force against the person with the intent to use force as an excuse to inflict bodily harm upon the assailant; is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force. • For purposes of Subsection (2)(a)(iii) the following do not, by themselves, constitute “combat by agreement”: voluntarily entering into or remaining in an ongoing relationship; or entering or remaining in a place where one has a legal right to be. • A person does not have a duty to retreat from the force or threatened force described in Subsection in a place where that person has lawfully entered or remained (expect if you fall into the exception). • For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property. • Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. • Burglary of a vehicle, defined in Section 76-6-204 , does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted. • In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors: Can you use Self-Defense in Utah?Many high-profile self-defense cases have graced the headlines over the past few years. Self-defense laws have become been a central issue in the national discussion about gun rights. The states are split when it comes to how self-defense is regulated. Some states limit use of the doctrine, while others give citizens the full right to protect themselves. If you have considered using self-defense in an emergency situation, make sure you are familiar with the laws of your state. Utahans should fully understand their state’s take on this issue in the case that they have to act in their own defense. Self Defense Attorney Free ConsultationWhen you need legal help with self defense in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Changes In Utah Foreclosure Law Lessons Learned From 50 Cents Bankruptcy Child Support Enforcement In Utah via Michael Anderson https://www.ascentlawfirm.com/self-defense-in-utah/ Anyone who has had a car accident with another driver will know the crunch of metal and tinkling of glass hitting the road is only the start of it. There are many things you should and should not do if you have a car accident. PREPAREFirstly, have a first aid kit, fire extinguisher and a safety triangle handy. These will be helpful items if you are involved in an accident or witness one. A car accident can ruin your day people may be injured, and serious damage to your vehicle and that of others, can occur in seconds. You may also have to deal with liability issues which can carry huge costs. Ensure your vehicle is insured. If you do have an accident, you should be covered for any damages that may be caused. STAY CALMIf you are involved in an accident, try to stay calm. Panic can cause others to become hysterical or alarmed, which will make the situation worse. Take a deep breath and think about what you need to do. CHECK FOR INJURIESCheck for any injuries to the people in your vehicle. If everyone is okay and you are able to, check that the occupants of the other vehicle are uninjured. There may be some basic first aid treatment that you can attend to otherwise, if the injuries are more serious, you will need to seek medical help. MAKE YOURSELF SAFEIf it is safe to do so, switch on your hazard lights and get out of your vehicle. Otherwise, move your vehicle to a safe spot that is not blocking traffic. Set up safety triangles to warn other motorists that there has been an accident and to slow down. If you can’t get out of your car, or it is not safe to, stay seat belted in, call 911 and wait for help to arrive. CALL THE POLICEEven if the accident you have been involved in is minor, the police should still be notified that there has been an incident. Call 911 and this way the police can file an accident report for the records, and any required fire or ambulance teams can be sent to the scene. IDENTIFY WITNESSESSee if there are any witnesses to the crash. If anyone else saw what happened, ask them to stay on the scene so that they can provide statements about their view of the accident. LOOK FOR DETAILSLook for the other driver’s license plate number and make and model of vehicle that they are driving. Exchange personal information, such as name, address, phone numbers, insurance company and policy number, with all drivers involved in the incident. If the driver doesn’t own the vehicle, be sure to get the owner’s details as well. This information will be very helpful for insurance purposes after the initial shock of the accident. If the other driver is aggressive and uncooperative, record any information you can about the vehicle (eg number plate, make and model) and report the incident to police. TAKE NOTESIf the accident is a minor one, note down anything you remember. Describe what happened with notes and images of how the accident occurred. You could even take pictures of the scene including any damage to vehicles, the roads, traffic signs and the direction the cars were travelling in. This information will help authorities to decide who was at fault. TALK TO YOUR INSURANCE PROVIDERIf you need to, file a claim with your insurance company. If the accident was minor and your car does not need extensive repairs, it may cost less to pay for the repairs, rather than take out an insurance claim. You should still notify the insurance company of the incident, regardless of the damage caused. THINGS TO DO AFTER A CAR ACCIDENTCar accidents can wreak havoc on lives. Not only can car accidents cause serious bodily injury and sometimes permanent disability, but they can also cause a lot of financial problems through property damage, lost wages, etc. They also cause stress, anxiety, and duress. Many people think that if someone else hits them, they’ll be fine–the other person’s insurance will take care of everything. This isn’t always true. • Check for injuries and make sure everyone is okay. Call an ambulance if needed. • Stay at the scene. You can be charged with a crime if you leave the scene, especially is someone is injured. • Call the police, even if it is a minor accident. Having a police report is helpful to determine liability. • Tell The Truth and Don’t Apologize: Everything you say is probably going to be written down in a police report. If it wasn’t your fault then don’t say it was and don’t apologize. Just give an accurate and detailed witness statement. It will likely be used later to help determine liability. • Take pictures: If possible to do safely, take pictures of the accident before cars are moved. However, it is important to stay safe and move the vehicles to the side of the road. If you weren’t able before, take pictures once the cars are moved. • Exchange Information: It is important to know who all was involved. Don’t rely on the police to preserve the information. They are usually pretty good but mistakes do happen. Write down the license plates of all parties involved, including witnesses, full name and contact information, Insurance company and policy number, Driver’s license and license plate number, Type, color and model of vehicle • Location of accident: The III recommends that you avoid discussing fault when going over the facts with the other driver: When you file an insurance claim, the adjuster reviewing your claim will determine who’s at fault based on an inspection of the vehicles/property damaged, information provided by you and the other parties involved in the accident, and any supporting documentation, like the police report or photographs from the scene. • Seek Medical Attention: it won’t cost you anything initially: All insurance policies have PIP, which covers a minimum of $3000 of medical care after an accident. Many people don’t seek care because they are worried about paying for it. For purposes of the case, it is important to document your injuries as well. Seek medical care from a certified injury professional. Not all doctors are the same and know what to do after an accident. We can refer you to our recommended professionals if you like. • Contact Your Insurance Company: Report the claim to your insurance company at your earliest convenience. Many people think if they were not at fault they don’t need to file a claim. That is not true; you do need to file a claim. Utah Law states that your premiums will not go up if you file a claim for which you are not at fault. • Seek Legal Advice: Almost all personal injury attorneys offer free consultations. Seek advice early on. We can steer you away from common pitfalls and tell you if you do or do not have a case. Find a qualified attorney who focuses on personal injury, not your neighbor or church member. Personal Injury Law is just as specialized and complicated as any other area of law. Insurance companies will try to convince you not to seek an attorney…because they don’t want you to have one. Protect your own rights. • Do Not Sign Things Without Reading Them. Many times insurance companies try to get you to sign things that are prejudicial to you. For example, sometimes they slip in a full release of your bodily injury claims in the property damage papers. Make sure you are reading everything or hire an attorney before you have to sign anything. • Keep a Journal and Accurate Records: Lots of things will happen all at once and you think you’ll remember everything later, but over time you will start to forget things. Keep accurate records and notes in case you need to recall details later. Making a claim to your insurance providerPhone your insurance company as soon as possible ideally at the time of the accident. They’ll ask for: Crash-for-cash claimantsThese are people who arrange accidents in order to make a fraudulent insurance claim. They may do this by braking unexpectedly, causing you to go into the back of their car, or by flashing their lights to indicate you’re free to go before purposely crashing into you. They may also take out their brake light bulbs, giving you no warning when they hit the brakes in front of you, and making it more likely you will crash into them. Crash-for-cash claimants will usually blame you for the accident and give you their insurance information, which is sometimes written out ready on a bit of paper. A few weeks after this happens, you might receive a letter from your insurance company highlighting the damage from the accident the claims they make can be exaggerated (sometimes including recovery vehicle, car hire, or whiplash injuries to others that haven’t occurred) to maximize the money they try to win back. You’ll be less likely to be involved in such a scam if you keep your eyes open and: Safety technologyCar safety technology may help to reduce the risk of having a car accident leaving you feeling safer while you drive. Cars fitted with certain types of safety technology will usually have a lower insurance group than a similar car not so equipped, which can attract a lower premium. Many cars already come with audible and visual sensors when maneuvering your car in tight spaces or automatic parallel parking. You can check with your insurance company to see if they’ll offer additional discount for such equipment. These are the few safety tech features: • Autonomous emergency braking (AEB): the brakes are automatically applied if sensors on the car detect that you’re going to have a crash, helping to either stop or decrease the severity of the accident. • Adaptive cruise control: the car automatically reduces its set speed if the traffic ahead is travelling more slowly than you. • Dashboard cameras: these record the traffic ahead of (and, optionally, behind) you, which can help prevent crash-for-cash claimants from making fraudulent insurance claims or provide evidence of what happened when you have to make a claim. • Lane departure warning system: sensors or cameras pick up your cars position on the road and warn you if you’re swaying out of your lane. Accidents are sometimes hard to avoid regardless of how carefully you drive. Keeping a checklist with post-accident steps in the car can help you make sure you’re covered when contacting your car insurer. Car Accident Attorney Free ConsultationIf you’ve been injured in a car accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
ATV Accident Lawyer Draper Utah Should Filing Bankruptcy Be The Last Resort? Going Public With Your Startup In Utah via Michael Anderson https://www.ascentlawfirm.com/what-to-do-in-a-car-accident/ Doing your own divorce through a Utah Legal Clinic is not easy and not economical. You should always hire an attorney. Hiring an attorney will save you substantial money in the long run. In order to represent yourself that is for you to do your own Do-It-Yourself Divorce both you and your spouse must agree upon all terms of the divorce such as debt division, property division, and child custody. In order to complete a Do-It-Yourself Divorce, your divorce must be simple. Parties that have been separated for a long time, who have few debts, and who have already physically divided their entire property can easily proceed with a Do-It-Yourself Divorce. We encourage you to have already mutually agreed with your spouse as to all terms of the divorce before you come in for your appointment. You should prepare a complete list of all items that have been resolved, how debts and property should be divided, etc. Our office can help you determine if your divorce is considered simple. Representing yourself in a divorce involving complicated terms or extensive debts and property is discouraged. The filing fee for a divorce in Utah is $318. That fee is paid directly to the Court when you file your divorce papers. Our fee for the Do-It-Yourself Divorce without minor children (for an action not involving custody of minor children) is $275.00. That amount includes 30 pages of typing necessary for the divorce. Thus, your total cost with the court filing fee is $593.00. Our fee for the Do-It-Yourself Divorce with minor children (for an action involving custody of children) is $375.00 which includes 50 pages of typing. Thus, your total cost with the court filing fee is $693.00. In many circumstances the filing fee may be waived. For more information on waivers, you can visit the Court’s website. There is a mandatory thirty (30) day waiting period for all divorces in Utah. This waiting period is intended to allow a “cool off” period for parties contemplating divorce and offer a chance at reconciliation. In some cases, the court will waive the mandatory waiting period. To have the waiting period waived, the parties must demonstrate to the court that the parties have attempted to reconcile but have been unable to do so, or that there are other circumstances that prevent the parties from reconciling. Our office can prepare the additional paperwork asking the court to waive the mandatory waiting period for an additional $25. However, we cannot guarantee that the Court will waive your waiting period. If you have minor children from your marriage, you and your spouse are required to attend a mandatory one-hour Divorce Orientation and a two-hour Divorce Education Class. Information about both classes can be found at Utah Courts. The cost for the Divorce Orientation is $20 per parent, and the cost for the Divorce Education Class is $35 per parent, for a total per-parent cost of $55. The costs to attend those required Courses are the responsibility of each parent. Proof of attendance for both you and your spouse must be filed with the Court prior to your divorce being entered. You should plan on attending the orientation and parenting class as soon as possible after you have filed your initial papers and received your case number. You do not have to attend that class with your spouse. Under some circumstances, simple Do-It-Yourself Divorces may be handled by our office over the telephone and through the mail, with no appointment necessary. We charge an additional fee of $25 for this service. When you call, ask for more information if you are interested in our “divorce by mail” service. Uncontested divorces are an option available to divorcing Utah couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah: If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. The Utah Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork: Utah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 90-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. • Consider hiring an attorney: If your divorce is complicated, an attorney can help guide you through the process and ensure everything is done correctly. You may have difficulty going it alone if you have complex child custody or support issues, if you and your spouse have been married for a while and have a lot of property and joint assets, or if you and your spouse disagree about any of these issues. • Prepare your forms: Rather than physical forms, Utah has an Online Court Assistance Program (OCAP) you can use to prepare the petition and other documents you will need to file for divorce. The online system includes instructions on how to fill out the forms correctly. After you input all the necessary information, the program will personalize the forms for you and prepare all the paperwork you need the only thing it won’t do is file the forms for you. When you file the forms, you also will be charged a $20 document preparation fee for using the OCAP service. Sign your divorce forms in the presence of a notary. Once you’ve finished preparing your forms and printed them, you must sign them in front of a notary public. If you’re unsure where to find a notary, check your bank – many banks offer notary services free of charge to their customers. You also may find notaries in private businesses such as check-cashing services, or at the courthouse. • Serve your spouse. Within 120 days after you’ve filed your initial petition, you must serve your spouse with a copy of the petition, the summons, and all other documents you filed. You can either mail the documents using certified mail, or have the sheriff’s department or a private process serving company provide service for you for a fee After the other party has been served, you must file a proof of service document. The court won’t act on your petition until all parties to the action have been served. • Wait for an answer. After you serve your spouse, they have 21 days to file a response to your petition. This time is extend to 30 days if he lives in another state. If your spouse files an answer, both of you must disclose to each other a Financial Declaration. On this form, each party discloses all income, assets, debt, and expenses both to the court and to each other. In addition, you must attach a number of financial documents, including pay stubs, copies of tax returns for the two tax years before the petition was filed, loan applications, financial statements, real estate appraisals, and other documents pertaining to any item listed on the form. If your spouse does not file an answer within the time specified on his summons, you may ask the court for a default judgment. A default judgment means you get everything you’ve asked for, and your spouse doesn’t have an opportunity to protest or tell their side of the story. Instead of a response contesting your petition, your spouse also may file a written stipulation that he agrees to the divorce. If you agree on the terms of the divorce, you can answer the questions in the OCAP Stipulation Interview and prepare agreed documents. However, you can only do this after you’ve filed a petition and served it on your spouse. • Request a child custody evaluation. If you have outstanding issues regarding child custody and support and you and your spouse cannot agree, you can get a professional evaluator to perform a child custody evaluation and report their findings to the court. Either party may request an evaluation, or a judge may order one even if neither party requests it. These evaluations may be expensive. Typically, the cost is split among both parents. The custody evaluator observes and considers many factors related to the best interest of the child, the standard courts use to make child custody decisions. The evaluator reports on the child’s preference, bonds with each parent, the parents’ moral character, religious compatibility with the child, financial conditions, and other factors. • Attend the pre-trial conference. Before the court schedules a trial, you must attend a pre-trial conference and make one last attempt to settle your case. If you cannot come to a resolution, you will schedule a trial and determine which issues need to be determined at trial. • Prepare for your final hearing. After your pre-trial conference, the court will schedule a full trial to make a final decision if you and your spouse still have unresolved issues. Before your hearing, try to go to the courtroom where your hearing will be held and observe another hearing so you have some idea of what to expect. Collect all of your documents and evidence you intend to present and organize them neatly so you can find anything you need without shuffling a lot of papers or taking up time unnecessarily. Have at least four documents of any items you bring, if possible, so each party, the judge, and any witness can have their own copy to look at. Review the court map and make sure you know how to get to your courtroom. If necessary, go to the courthouse early and find it so you can make sure you know where you’re going. • Attend your final hearing. Appear in court at the designated date and time of your hearing, dressed professionally and conservatively with all documents and witnesses you intend to present. Plan on getting there at least 30 minutes early so you have time to go through security, find your courtroom, and take a seat. You don’t want to be rushed. Leave any cell phones, electronic devices, or other items that might be confiscated at home. When your case is called, stand and identify yourself to the judge. Remain standing while the judge speaks to you. Treat the judge with respect, and don’t interrupt them or speak out of turn. The judge will give each spouse the opportunity to present their story. Don’t interrupt or argue with your spouse while they are talking. If the judge has any questions for you based on what he said, they will ask you once your spouse is finished speaking. • Get copies of the final decree. You are not legally divorced until the judge signs the decree. Once the decree is finalized, you should get copies for your records. The judge may announce her decision at the conclusion of the hearing, or you may get it later. You should call the clerk’s office if you haven’t received a final written decree 60 days after your hearing. If you disagree with the judge’s decision, you have 30 days to file an appeal. Attorney For Divorce Utah County Free ConsultationWhen you need a divorce in Utah County, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recovery Of Attorneys Fees In Foreclosures ATV Accident Lawyer Draper Utah How To Get A Divorce When You Are Struggling Financially via Michael Anderson https://www.ascentlawfirm.com/divorce-utah-county/ A foreclosure can be either judicial (which means the foreclosing party files a lawsuit in court and the case goes through the court system) or non-judicial (which means the foreclosing party follows a set of state-specific, out-of-court procedural steps to foreclose the home). In some states, foreclosures are always judicial. In other states, the foreclosure may be either judicial or non-judicial; in those states, usually one or the other is more commonly used. When a house is sold at a foreclosure sale for less than the amount of the outstanding mortgage debt, the difference between the total debt and the foreclosure sale price is called the deficiency. For example, let’s say you owe $300,000 on your mortgage loan and the home is sold at a foreclosure sale for $250,000. The deficiency is $50,000. Some states let the foreclosing party get a personal judgment called a “deficiency judgment” against the borrower for this amount, while other states prohibit deficiency judgments under particular circumstances. In the chart below, this column states whether a deficiency judgment is allowed in (or after) the most commonly used foreclosure procedure for that particular state. Certain states give foreclosed homeowners a period of time called a “redemption period” to buy back or “redeem” the home after a foreclosure. Depending on state law, in order to redeem you have to reimburse the purchaser for the amount paid at the sale (plus certain allowable costs) or repay the total mortgage debt, plus interest and expenses. In the chart below, this column shows whether a borrower gets a redemption period after the most commonly used foreclosure procedure for that particular state. A reinstatement occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments, plus fees and expenses incurred as a result of the default. Once the loan is reinstated, the borrower resumes making regular payments on the debt. In a foreclosure, state law sometimes gives a borrower the right to reinstate up until a specific deadline. You should be aware that, even if state law does not give you the right to reinstate, your mortgage or deed of trust might. The 2016 Utah legislature passed two bills affecting Utah foreclosures and evictions. The effective date for both bills was May 10, 2016. Senate Bill 0022, Foreclosure of Residential Rental Property, created state law protections for tenants of foreclosed residential rental property. Senate Bill 0220, Non-judicial Foreclosure Amendments, made a number of helpful changes, including an amendment to last year’s Utah Reverse Mortgage Act that eliminates the challenge of ensuring that a deceased borrower receives the required pre-foreclosure notice. Tenant Protection: Senate Bill 0022 enacts certain protections for tenants occupying foreclosed property following foreclosure sale. New Utah Code section 57-1-25.5 allows a “bonafide tenant” to remain in the foreclosed property for up to one year after foreclosure, subject to the right of the new owner to terminate the tenancy upon 45 days’ notice, if the new owner (immediate purchaser of the foreclosed property only) intends to occupy the property as the new owner’s primary residence. A “bona fide tenant” is defined as an individual who is not a child, spouse, or parent of the trustor of the foreclosed deed of trust, whose rental agreement or lease was entered into in an arm’s-length transaction before foreclosure was commenced, and whose rent is not substantially less than fair market rent for the property. As a practical matter, the period of time during which a tenant will be able to remain in the property after foreclosure will be much less than a year. To meet the “bona fide” qualification, the lease cannot be for a period longer than a year and it had to have been entered into prior to the commencement of foreclosure. Since foreclosure requires four and one-half to five months, the actual amount of time that a tenant will typically be able to remain in a foreclosed property is limited to six or seven months at the most. Foreclosure Amendments: As indicated, Senate Bill 0220 made a number of helpful changes to statutes governing different aspects of non-judicial foreclosures. Two of the most beneficial were a modification to the statute of limitations for non-judicial foreclosures, and a revision to the requirements for giving pre-foreclosure notice to reverse mortgage borrowers. Statute of Limitations: Utah Code section 57-1-34, which previously required that a non-judicial foreclosure be completed within the six-year statute of limitations, now requires only that the foreclosure be commenced within that time period. This change will be useful to mortgage servicers in light of the increasing number of loans facing statute of limitations issues as a result of multiple loss mitigation or foreclosure relief applications. Pre-Foreclosure Notice to Reverse Mortgage Borrowers: Utah Code section 57-28-304, enacted in 2015, required that before foreclosure proceedings could be commended for a reverse mortgage, the servicer had to send the borrower written notice, and give the borrower 30 days after the day that the borrower received the notice to cure the default. The event of default is the borrower’s death for many reverse mortgage loans. Since a deceased borrower could not receive the notice, servicers were for all intents and purposes unable to proceed with foreclosure with confidence that the property would be insurable following foreclosure. Senate Bill 0220 changed the statute to only require that the servicer give the borrower 30 days after the day on which the servicer sends the notice to cure the default. This is a welcome change for reverse mortgage lenders and servicers. Senate Bill 0220 made a number of other changes to Utah’s non-judicial foreclosure statutes. A short summary follows: • The statute now affirmatively allows the appointment of a trustee for a deed of trust where the original trustee was not eligible to serve as a trustee or where no trustee was named in the original deed of trust. (Utah Code § 57-1-22) • A new code section provides that a party to a legal action involving a deed of trust need not join the trustee as a party unless the action pertains to a breach of the trustee’s obligations. If a party does join the trustee and the trustee is able to have itself dismissed from the action, the trustee is entitled to reasonable attorney fees resulting from its having been joined. (Utah Code § 57-1-22.1) • Successful third-party bidders at non-judicial foreclosure sales who fail to pay the bid price will forfeit their bidder’s deposit. The forfeited funds will be treated as additional sale proceeds. Previously, defaulting bidders were only liable for any loss resulting from their refusal to pay the bid price. This change should effectively eliminate defaulting bidders in the future. (Utah Code § 57-1-27) • A clarifying change was made to the provisions regarding postponement of scheduled non-judicial foreclosure sales. Previously, it was unclear whether the trustee could make multiple postponements without re-noticing the sale so long as each postponement did not exceed 45 days from the last scheduled sale date. As amended by the bill, the statute now provides that postponement can only be for a period of up to 45 days after the date designated in the original notice of sale. Beyond that, the sale must be re-noticed. (Utah Code § 57-1-27) • The bill repealed former Utah Code section 57-1-24.5, which required a foreclosure trustee to give the borrower notice if the servicer did not delay foreclosure proceedings while engaging in loss mitigation or foreclosure relief efforts. With the ban on dual tracking found in the CFPB’s regulations beginning January 2014, that requirement was no longer needed. How Can I Avoid Foreclosure?To avoid foreclosure, pay your monthly mortgage. The lender does not want to foreclose on your property because it takes time and money to go through the process. If you cannot make a payment, it is important to contact your mortgage company to agree to make payments. Be sure to get any payment plan in writing. Discuss with your lender how much you owe and how long it will take to catch up on any missed payments. Be prepared to answer Trust Deed ForeclosureTo foreclose on a Trust deed, a creditor must follow these steps: If you are buying a house using a Uniform Real Estate Contract and the seller wants to foreclose, they must give you a written notice that says what part of the contract you have defaulted on. After you receive a notice, you have the time limit provided under the contract, to cure the default. If you fail to cure the default, the contract may allow the seller to choose one of the following: • The seller may declare that you are a tenant at will and keep all payments that have been made under the contract. However, if you have a lot of equity in the property, the court can refuse to enforce this provision. The court might force the seller to proceed under options (2) or (3), or force the seller to return a portion of your payments. • The seller may bring suit and recover judgment for all late payments, costs, and legal fees. • The seller may treat the contract as a mortgage and proceed under the mortgage foreclosure statutes. Power of Sale Notice Requirements:• Prior to initiating a foreclosure, the lender must file a notice of default in the county in which the property is located and with the defaulting borrower within three (3) months of the default. A copy of the notice of default must be published at least once a week for three (3) consecutive weeks in a newspaper of general circulation in the county, with the last notice of sale published at least 30 days before the proposed sale. A notice of the proposed sale must also be recorded with the recorder where the trust property is located. • The notice of default must contain certain information, including the date, time and place of sale, a description of the default, the lender’s election to sell, and the document recording information from the deed of trust. • Foreclosure sales must take place as a public auction between 9AM and 5PM on a business day at the time, place and date designated in the notice of sale. The trustee auctions the property to the highest bidder. The foreclosure sale may be postponed for 45 days from the original sale date if written notice is provided to the original recipient of the notice of default. In Utah, the lenders can also go to court in a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. A complaint is filed in court along with a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed. Judicial foreclosure in Utah is an option which generally follows the same procedure as a non-judicial foreclosure, with the distinction that the process is pursued through the courts. The property is then sold as part of a publicly noticed sale. Foreclosure Lawyer Free ConsultationWhen you need a Utah Foreclosure Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Best Salt Lake City Utah Lawyer Utah Foreclosure Process Explained Establishing Legal Paternity In Utah For Child Support Can I Be Denied A Job Because Of Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/changes-in-utah-foreclosure-law/ Draper City is an exciting, vibrant city with a strong economy growth and a high quality of life. People choose to live in Draper because of the location and the beauty of the community as it sits nestled in the corner of the southeast portion of the Salt Lake Valley. The Wasatch mountain range is the eastern border of the city, with the Traverse range bordering the south. Draper City is located 18 miles south of downtown Salt Lake City, 21 miles south of the Salt Lake International Airport, 28 miles north of Provo City, 20 minutes from the Cottonwood Canyons where you have access to world-class skiing at Alta, Snowbird, Brighton and Solitude. 30 miles from Park City ski resorts. The city owns more than 3,200 acres of land in Corner Canyon and in Sun Crest. Trails and recreation are a top priority for this community, and Draper has 100 miles of cycling, hiking and equestrian trails. At the Point of the Mountain you can experience hang gliding or paragliding at one of the most well-known and best sites in the world and attend the largest hang gliding school in the nation. The city is known for high-quality, single family neighborhoods and has more than 16,000 households. The estimated population for Draper in 2018 is 47,328. Draper is a suburb of Salt Lake City with a population of 47,043. Draper is in Salt Lake County and is one of the best places to live in Utah. Living in Draper offers residents a sparse suburban feel and most residents own their homes. In Draper there are a lot of parks. Many families and young professionals live in Draper and residents tend to lean conservative. The public schools in Draper are above average. Draper City is nestled in the far southeast corner of the Salt Lake Valley, with the Wasatch Mountain Range on the East and the Traverse Ridge Mountain on the south. At the Point of the Mountain, Draper is known for one of the most popular and best wind areas in the country for hang gliding and paragliding. Draper lies roughly midway between Salt Lake City and Provo. Draper is bordered by Riverton and Bluffdale to the west, South Jordan to the northwest, Sandy to the north, Alpine to the southeast, Highland to the south, and Lehi to the southwest. According to the United States Census Bureau, the city has a total area of 30.1 square miles (78.0 km2), of which 30.1 square miles (77.9 km2) is land and 0.015 square miles (0.04 km2), or 0.05%, is water. Draper City is one of the best places in the Salt Lake Valley to do business. Over the past few years, Draper has been very fortunate to welcome many new and exciting businesses and service providers to accommodate our growing population. Large or small, each one becomes an important part and member of our community. A number of new businesses have either moved to Draper or built new offices in Draper. The Mayor and City Council strive to create an environment and atmosphere that is very appealing to new businesses and developers. The city assists local businesses to help them grow, expand and stay in Draper. Draper has had significant job growth from large employers who recognize the benefits of locating in our great city. Draper City is situated in the perfect location near the Point of the Mountain, in the south end of Salt Lake Valley and the north end of Utah Valley. Salt Lake City is 19 miles to the north (27 minutes), and Provo is 29 miles to the south (38 minutes), with Interstate 15 traveling through the west side of Draper City. Draper City works closely with the Draper Area Chamber of Commerce to encourage active business participation in issues affecting the climate of Draper businesses. If you have a new business, you can schedule a ribbon cutting through the Chamber and they will assist you with your event. Draper, Utah’s estimated population is 48,319 according to the most recent United States census estimates. Draper, Utah is the 16th largest city in Utah based on official estimates from the US Census Bureau. The overall median age is 32 years, 33.2 years for males, and 31.1 years for females. For every 100 females there are 107.3 males. Based on data from the American Community Survey, in 2017 there were households in the city, with an average size of 3.36 people per household. The median income for households in Draper, Utah is $110,270, while the mean household income is $141,730. According to the most recent ACS, the racial composition of Draper Utah was: Draper Utah Lawyer87.84% of Draper Utah residents speak only English, while 12.16% speak other languages. The non-English language spoken by the largest group is Spanish, which is spoken by 5.86% of the population. How to Avoid Injury from an ATV AccidentAll-terrain vehicles, commonly known as ATVs, are used for both work and play. Farmers use ATVs to monitor livestock, inspect farmland and more. ATVs are also used for recreational purposes just about anywhere: off-road, mountainous, rural and even coastal terrain. Unfortunately, ATV accidents are common and a personal injury lawyer can help navigate the legality and fault of an ATV-related injury. ATV Injuries and AccidentsFlipping or rolling is the most common type of injury-causing accident involving an ATV. When this happens, an ATV driver and passenger can be thrown off the vehicle or pinned down by it. Even though ATVs aren’t designed to carry passengers on the back area, people still regularly used to do so. This simple action puts both the driver and the passenger at higher risk of experiencing an accident. Because ATVs are able to drive just about anywhere, accidents are often caused by drivers traveling over dangerous bumpy roads with loose gravel and inconsistent terrain. This factor alone can contribute to a driver being knocked off of the traveling ATV. ATV Safety TipsTo reduce the occurrence of an ATV accident, there are several steps that should be taken. It’s important to wear a helmet, appropriate footwear, and other protective gear when driving an ATV. Read an ATV’s operating manual prior to driving it. Be sure you know the path, dirt road, or the terrain that you navigate your ATV so that you don’t strike something unexpected. Check local and state regulations governing ATV use. Never allow young children to drive an ATV and never drive an ATV while using drugs or drinking alcohol. Additionally, make sure you have at least one working communication device with you when driving an ATV, so help can be called in an emergency. If an ATV accident occurs, contact a personal injury lawyer for further assistance or legal advice. ATV-related injuries are common and can result from a variety of situations and actions. State and federal laws govern manufacturers and sellers. If laws were not observed, a manufacturer or seller may be responsible for an ATV accident. If you are suffering from an ATV-related accident, you may be entitled to compensation for expenses and damages caused by your injury. Contact a personal injury lawyer to evaluate your options. Common Injuries from ATV AccidentsWhile you may face unique damages, and no two accidents are identical, there are some common recurring injuries reported from ATV accidents: Filing A Claim For An ATV Accident• File a Police Report / Take Detailed Notes: After seeking immediate expert medical attention, you should file a police report, if necessary. This will serve as a note from a government official of what they observed at the accident scene. If the accident has already happened and you have not filed a police report, this may not be fatal to your claim, however, as your attorney can help gather evidence after the fact. Further, you will want to write down the details of what happened from your perspective at the incident. After an accident, many people experience trauma, and thus, may not fully remember the incident after the fact. Moreover, your attorney can use your detailed notes in deciding which witnesses to speak to, and what other evidence from the scene to seek in order to strengthen your case. • Filing of a Lawsuit: Your attorney may file a legal claim with the court, alleging the other parties fault, containing a synthesis and story about how you were injured, and upon serving the adverse party, may engage in settlement negotiations with the other party based on the evidence gathered. Legal Time PeriodYou will likely have a timeframe from the time of the accident to bring a lawsuit against the wrongdoing party, and if you do not bring the claim during that time period, you may be prevented from ever bringing your lawsuit against them. In many states the time period will be around two years, but you should seek an attorney’s advisement to learn the specific legal time period in your case. Thus, it is imperative to seek counsel from an experienced attorney immediately following your ATV injury, so that your attorney can educate you of your legal rights and begin to collect and compile crucial evidence in demonstrating the other party’s fault and proving your case. Draper Utah ATV Accident Attorney Free ConsultationWhen you need legal help with an ATV Accident in Draper Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Firearms Owners Protection Act Best Salt Lake City Utah Lawyer Child Support Guidelines Reflect Modern Ideals via Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-draper-utah/ Mortgage contracts generally allow a servicer the company that handles the loan account to charge late fees, inspection fees, foreclosure costs, and other default-related fees to your account under certain circumstances, like when you are late on a payment or are in foreclosure. If the servicer charges fee and costs in excessive or incorrect amounts, this will unfairly increase the total balance you owe on your loan. If this happens to you in foreclosure, you can challenge those fees and costs. If your mortgage payment is late, your servicer may charge you a late fee. But servicers sometimes incorrectly assess late fees either inappropriately or in the wrong amount which can add hundreds of dollars on to the amount you owe on the mortgage loan. The servicer assesses a late charge during the grace period. Most mortgage contracts include a “grace period” of around ten or fifteen days. If you make your payment late, but during the grace period, there shouldn’t be a late fee. The servicer delays posting your payment to your account. If the loan servicer delays posting your payment to your account until after the grace period end, it can also result in an improper late fee. The servicer assesses an incorrect late charge amount. Late fees can only be assessed in the amount specifically authorized by the loan contract. The late charge amount is usually found in the promissory note. Even then, state law may limit the amount that can be charged. If the state limit is lower than what the contract allows, it will generally override the loan contract. Most prime, conventional loan contracts allow the loan servicer to assess a late fee equal to 5% of the payment due. However, state law may limit the fee to, say, only 4%. If the loan documents and state law allow for different late fees, the servicer can only charge the maximum allowed by state law. In this situation, the late fee would be limited to 4% pursuant to state law. It is up to the borrower to make sure the servicer only charged 4% to the account, not 5%. The servicer illegally “pyramids” late fees. In some cases, servicers charge borrowers late fees on full payments that were made on time because the borrower didn’t include a payment for a previously unpaid late charge. “Pyramiding” occurs when the loan servicer takes the assessed late fees from the regular payment and leaves part of the scheduled payment overdue, which results in the assessment of another late charge. When the servicer does this, more and more late fees accumulate. Federal regulations, state law, and mortgage contracts usually prohibit this practice. According to the Federal Trade Commission, pyramiding of late fees is unfair to consumers. Regulation Z, which implements the Truth in Lending Act (TILA), also prohibits the pyramiding of late fees for mortgages covered by TILA. The servicer assesses post-acceleration late charges. In most cases, the servicer is prohibited from assessing late charges after the loan has been accelerated. (When a loan is “accelerated,” you have to immediately pay the entire balance of the loan, not just the past due amounts. This sets the stage for the foreclosure procedure to begin.) If you default on your mortgage payments (that is, you fail to make the mortgage payments), your loan servicer may assess particular charges to your account. Default-related fees typically include: A defendant/mortgagor who prevails in the successful defense of a mortgage foreclosure proceeding may be entitled to recover his reasonable attorney’s fees and expenses under Real Property Law. Whenever a covenant contained in a mortgage on residential real property shall provide that in any action or proceeding to foreclose the mortgage that the mortgagee may recover attorneys’ fees and/or expenses incurred as the result of the failure of the mortgagor to perform any covenant or agreement contained in such mortgage, or that amounts paid by the mortgagee therefore shall be paid by the mortgagor as additional payment, there shall be implied in such mortgage a covenant by the mortgagee to pay to the mortgagor the reasonable attorneys’ fees and/or expenses incurred by the mortgagor as the result of the failure of the mortgagee to perform any covenant or agreement on its part to be performed under the mortgage or in the successful defense of any action or proceeding commenced by the mortgagee against the mortgagor arising out of the contract, and an agreement that such fees and expenses may be recovered as provided by law in an action commenced against the mortgagee or by way of counterclaim in any action or proceeding commenced by the mortgagee against the mortgagor. Any waiver of this section shall be void as against public policy. For the purposes of this section, “residential real property” means real property improved by a one- to four-family residence, a condominium that is occupied by the mortgagor or a cooperative unit that is occupied by the mortgagor. In an appropriate case, where the mortgage provides for the recovery of the mortgagee’s attorneys’ fees and expenses, the above statute applies, and the subject real property constitutes residential real property (one family) that is the mortgagors’ home, the court may award the defendant legal fees and costs. Here are some ways that can happen: Default-Related Fees Foreclosure Lawyer Free ConsultationWhen you need an attorney to help with real estate law or a foreclosure in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
ATV Accident Lawyer Sandy Utah Psychological Evaluations In Utah Divorce And Custody Cases Fiduciary Duties And Business Judgment In A Business Divorce via Michael Anderson https://www.ascentlawfirm.com/recovery-of-attorneys-fees-in-foreclosures/ One of the best ways to assess a lawyer’s legal ability is by interviewing them. Most attorneys will provide an initial consultation usually an hour or less at no charge. Below are a few questions to consider: Keep in mind that a higher fee does not necessarily equate with a more qualified attorney. Consequently, a rock bottom fee may signal problems, inexperience, or incompetence. After meeting with the lawyer, you should ask yourself the following questions: Consulting a Law DirectoryA Law Direct is a great resource for information about a law firm and its lawyers. This guide—which can be found online and at your local public and law libraries—is often used by lawyers when choosing legal talent in another jurisdiction. The directory includes basic practice profile data on virtually every lawyer in the United States and detailed professional biographies of leading lawyers and firms in 160 countries. It also includes lawyer and law firm ratings based upon peer reviews, which may help when choosing between two equally qualified candidates. Asking Other AttorneysLawyers know the skill and reputation of other lawyers. Attorneys may be able to provide information about a fellow lawyer that you may not find in a book or online, such as information about a lawyer’s ethics, competence level, demeanour, practice habits, and reputation. Conducting a Background CheckBefore hiring any lawyer, contact the lawyer disciplinary agency in your state to confirm that they are in good standing as a member of the bar. For an online listing of each state’s lawyer disciplinary agency, review this directory of lawyer disciplinary agencies. You should always check references, especially if you located the attorney through the Internet. You can also check a lawyer’s peer review ratings online at Martindale.com. Peer review ratings provide an objective indicator of a lawyer’s ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. Touring the Lawyer’s OfficeYou can tell a lot about an attorney from their law office. Request a brief tour of their office, beyond the office or conference room where you met with the lawyer. Is the law office neat, orderly, efficient and well-run? What kind of support staff does the lawyer employ? Does the staff appear friendly and helpful? Is the lawyer’s office local and easily accessible? Is a large portion of his office space unoccupied? Watch for red flags, such as mass disarray, unhappy staff members, and empty offices. How to Find a LawyerIf you are looking to hire a lawyer, you’ll find no shortage of legal talent. The United States holds 5% of the world’s population and 70% of its lawyers. Law schools awarded 43,588 J.D.s per year on average, up 11.5 percent since 2000, and the United States boasts one lawyer for every 200 U.S. citizens. With a record number of practicing lawyers in the U.S., finding a lawyer for your legal needs is no easy task. The best way to find a lawyer is through word of mouth and referrals. Wide variations exist in the skill level and expertise of each lawyer so recommendations from friends and acquaintances are a good way to locate quality legal talent. The nature of your legal problem will determine the type of lawyer you need to hire. Most lawyers concentrate their practice in a few legal specialties such as family law, criminal law, employment law, personal injury law, bankruptcy or civil litigation. Therefore, it is important to retain a lawyer with expertise and experience in the practice area for which you require his services. Below are a few of the best resources available to help you find a lawyer that fits your needs. Word of Mouth and ReferralsWord of mouth and referrals from friends, relatives, neighbours, business associates, and acquaintances are the best way to find a lawyer. These individuals have no vested interest, financial or otherwise, in recommending a certain attorney and can communicate any positives or problems they encountered in their dealings with a particular attorney or law firm. While it is tempting to hire a friend or relative for your case, this may not be your best strategy. If the friend or relative specializes in an area of law outside your needs, he or she may not be competent to address your particular legal issue. Local Bar AssociationsAnother great resource for finding a lawyer in your area is your local bar association. Most county and city bar associations offer lawyer referral services to the public although they do not necessarily screen for qualifications. The American Bar Association also maintains a database which offers assistance to consumers seeking legal help. Other LawyersLawyers can often recommend other lawyers in the legal community who can assist you with your specific needs. Legal circles are small and most lawyers will know several other lawyers who specialize in the practice area for which you seek advice. Lawyers are also aware of other lawyer’s reputations in a particular practice field. Keep in mind, however, that lawyers often receive referral fees when they refer a case to another lawyer which may influence their decision as to whom they recommend. Becoming a lawyer is an enormous undertaking in terms of time commitment and financial investment. Law school and passing the bar can be arduous challenges. Your motivation can depend at times on knowing what’s really good about this profession, and being able to glimpse it out there on the horizon. Earning PotentialLawyers are among the highest-paid professionals in the legal industry, and most attorneys earn salaries well above the national average. The median annual salary for all lawyers was $120,910 in 2018, according to the U.S. Bureau of Labour Statistics, but the world’s top attorneys can pull in million-dollar annual incomes. Keep in mind, however, that not all lawyers make big bucks. It can depend on employer size, experience level, and geographic region. Lawyers employed in large law firms, major metropolitan areas, and in-demand specialties generally earn the highest incomes. Those who work in the public sector, not so much. An Opportunity to Help OthersLawyers are in a unique position to help individuals, groups, and organizations with their legal problems and to further the public good. Public interest lawyers champion legal causes for the greater good of society and help those in need of legal assistance who might not otherwise be able to afford attorneys. Lawyers in private practice often perform pro bono work to help low-income individuals and underserved portions of the population, such as the elderly, victims of domestic abuse, and children. In fact, many bar associations require that attorneys commit to a certain number of pro bono hours each year. The Intellectual ChallengeWorking as a lawyer is one of the most intellectually rewarding jobs on the planet. From helping to patent a trade secret, or devising a trial strategy, to forming a multi-million dollar merger, lawyers are problem-solvers, analysts, and innovative thinkers whose intellect is crucial to career success. Diverse Practice AreasIncreased industry segmentation and specialization have led to a broad array of sub-specialties in the legal field. Lawyers can specialize in one or several niche areas, ranging from bread-and-butter practices such as employment law, foreclosure law, and civil litigation to specialties such as green law or intellectual property law. Work Environments and PerksThe majority of lawyers work in law firms, government, and for corporations. In an age where cubicles have become the mainstay of the modern workplace, lawyers typically work in offices with four walls. Those in larger firms enjoy plush accommodations, ample support staff, and a variety of office perks ranging from gym memberships to box seats at sporting events. Global InfluenceAttorneys have stood at the center of society for centuries. They’re in a unique position to affect societal change as lawmakers and thought leaders. They write the laws, rule the courts, and hold influential positions in government. They’re in a position to impact top policymakers and leaders and to affect change around the globe. Some lawyers travel the country, or even the world, to participate in trials, depositions, arbitrations, and business deals. Others rub shoulders with business leaders, politicians, sports figures, and even celebrities. Cases are won and lost based on the quality of your legal team. Not all lawyers are equally skilled, competent or ethical. Knowing how to find a good lawyer, and how to avoid a bad one, is not always easy. Trust your instincts and keep an eye out for the red flags below. Observing Their Work HabitsAn attorney’s work habits are one of the largest indicators of competence. The following red flags may indicate that it’s time to find new legal representation. • A Promise of a Court Victory or Successful Outcome: An attorney should never promise his client a specific outcome, no matter how likely that outcome may be. Be wary of promises of a sure-fire victory. Examining Their Work PremisesA lawyer’s work premises, from the building location and exterior to the reception room, conference room and offices, can speak volumes about a lawyer’s work practices and clientele. Below are a few signs that all is not well. • Vague Billing: Your legal bill should explain in detail the tasks performed, who is performing them and when. For example, a phone call should include information as to who made the call, what party they were calling, the nature of the matter and the duration of the call. Salt Lake City Attorney Free ConsultationIf you are here, you probably have a legal issue you need help with, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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