Within the already controversial realm of gay rights, one of the most controversial topics is same-sex marriage. After extensive litigation, the U.S. Supreme Court ruled that same-sex couples have a fundamental right to marry. As a result, same-sex couples have a legal right to marry and to have their legal marriages recognized in every state. Below you will find a historical introduction to same-sex marriage. Civil RightsFor some, the idea that same-sex couples should have the same matrimonial benefits as heterosexual couples has been purely a question of civil rights. According to this argument, the constitutional concepts of Equal Protection and Due Process require that same-sex couples be treated no differently than heterosexual married couples. The Supreme Court largely adopted this position, alongside other arguments, when it issued its landmark Obergefell v. Hodges decision in June of 2015. The ruling explicitly states that same-sex couples have the right to marry and have their marriages recognized throughout the country on the basis of the Equal Protection and Due Process Clauses of the Constitution. Moral Rights and Family ValuesOthers have seen same-sex marriage as a moral question, and concluded that such unions violate traditional Judeo-Christian ethical values. Another argument has been that it undermines family values: heterosexual marriage is founded upon the need to procreate, but procreation is biologically impossible for same-sex couples. To counter this argument, those in favor of same-sex marriages have noted that marriage has always been permitted for heterosexual couples who cannot or choose not to procreate. Many of these arguments and their rebuttals appear within the Obergefell decision, with the majority largely adopting the positions against the moral rights and family values positions. Legal Benefits of Marriage EqualityThe debate over gay marriage extended beyond the right to marry alone. Same-sex couples sought the same tax and estate advantages, the same rights to surviving children, the same community property rights, and the same health care benefits as heterosexual couples. Although same-sex marriages have occurred privately for years, only recently has the issue been litigated. The Hawaii Supreme Court’s 1993 decision in Baehr v. Lewin marked the beginning of serious litigation on the topic. After a series of victories and defeats on both sides of the issue, the Supreme Court’s 2015 Obergefell ruling finally resolved the issue in favor of extending the right to marry, the recognition of same-sex marriage, and the attendant benefits to same-sex couples throughout the country. Prop 8 and the Defense of Marriage Act (DOMA)Prop 8 was a ballot proposition brought by opponents of same-sex marriage to prevent same-sex marriages in California. When Prop 8 passed its opponents filed a lawsuit complaining that the Proposition violated the Due Process and Equal Protection clauses of the Constitution. The private parties that supported the Proposition and got it on the ballot wanted to defend the law, but the State of California itself refused to do so. The U.S. Supreme Court ruled in Hollingsworth v. Perry that private parties lacked standing to defend a state constitutional amendment where the state itself refused to defend it. As a result, the case was dismissed for lack of standing. Prop 8 was consequently invalidated and many feel that the decision set the tone for subsequent decisions. Similarly, significant portions of the Defense of Marriage Act (DOMA) were ruled unconstitutional by the U.S. Supreme Court in 2013’s United States v. Windsor. DOMA was signed into law by President Bill Clinton in 1996 and barred federal recognition of same-sex marriages for purposes of receiving tax, insurance, immigration and other benefits. The Court struck down the federal law, stating that it denies same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. The decision extended the right to federal benefits to legally married same-sex couples. Marriage Equality Under ObergefellFinally, in 2015 the U.S. Supreme Court’s ruling in Obergefell v. Hodges made it clear that the denial of the right to marry, the refusal to recognize legal same-sex marriages entered into in another state, and the withholding of marriage-related benefits to same-sex married couples were violations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment. As a result of the decision same-sex marriage will be made available throughout the United States, the states must recognize the legal same-sex marriages of other states, and the rights and privileges of marriage must be extended to same-sex married couples. The decision effectively eliminates all legal distinctions between heterosexual and same-sex marriages at both the state and federal level nationwide. Additional ResourcesHere are a few websites that contain additional information regarding the struggle for and against same-sex marriage equality around the nation: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
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4.9 stars – based on 67 reviews
The End Of Solving Trap Adapters Lawyers In Utah All Too Aware of Problematic Diploma Mills In The State New Utah Lawyers May Be In For A Much Needed Break Thanks To Some $2.2 Million In Donations Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/same-sex-marriage-a-historical-introduction/
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New Utah Lawyers May Be In For A Much Needed Break Thanks To Some $2.2 Million In Donations5/29/2022 Being an attorney may seem like a glamorous profession, and it can be, but just like going after a medical degree, law school can be a formidable challenge. Even for the smartest aspiring attorneys, the grueling three years of coursework and interminable purchasing of case law books is enough to turn even the brightest and optimistic students into harrowed and overworked waifs of themselves. At least for a spell. After graduation, those who finish the gauntlet have a promising career of wealth and power ahead of them, right? Maybe not. One legal journal estimates that graduates will shoulder anywhere from $100,000 to $250,000 in student loan debt once they cross the stage with their J.D., a figure that can take decades of pinching pennies to come out from under. But prospective Utah lawyers have been given a gift of hope recently that may make the task a little less burdensome for some, according to the article in the Deseret News. The University of Utah S. J. Quinney College of Law will boost its program for loan forgiveness, thanks to a $2.2 million gift “from the estate of the late Rita E. Fordham.” The widow of a former University of Utah professor of law, Ms. Fordham stipulated that some of the funds be used “to help law school graduates employed in the public and public interest sectors repay their student loans.” Not only is the University grateful, but young students with dreams of being Utah lawyers may now be able to indulge their fancies of working for the state a little more responsibly, financially. The average state public defender salary in Utah begins at about $38,845 annually (about $2,450 a month, after taxes). If, like Salt Lake City-based attorney, new students graduate from the S.J. Quinney College of Law at the University of Utah, they’ll probably be facing payments of around $1,151 a month, unless they can secure extended or income-based repayments. Utah lawyers going into the public sector clearly don’t have quite the same motivation to take on all that debt with the promise of at least some loan-forgiveness program at the end of the tunnel. But even with loan forgiveness programs promised after graduation, the incentive for the best and brightest of Utah’s law students to enter into the public domain doesn’t seem to be much. For most Utah lawyers, the uphill path to financial solvency after so much student debt comes only with private law firm affiliation. So who is in our courtrooms, prosecuting atrocities on behalf of the state or defending the hapless citizens who can’t afford counsel? Hopefully, with Rita Fordham’s gift to the law school at the U, more of the most clever and driven Utah lawyers will be enticed to serve the public for reasons other than the purely noble cause. Addressing relevant contemporary public policy and legal issues in the state is something that is needed on an ongoing basis, and having the talent and clear-headed ambition to pursue justice within the state’s system is in the interest of the well-being of the state at large. Many thanks, indeed, Ms. Fordham. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
Simplified Or Summary Probate For Small Estates The End Of Solving Trap Adapters Lawyers In Utah All Too Aware Of Problematic Diploma Mills In The State Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeFree Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post New Utah Lawyers May Be In For A Much Needed Break, Thanks To Some $2.2 Million In Donations first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Simplified Or Summary Probate For Small Estates The End Of Solving Trap Adapters Lawyers In Utah All Too Aware Of problematic Diploma Mills In The State Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/new-utah-lawyers-may-be-in-for-a-much-needed-break-thanks-to-some-2-2-million-in-donations/ One great thing about the maturation of the Internet from its birth almost 75 years ago is the accessibility to information it has provided to nearly every corner of the globe. Recent advocates of online education have hailed the way that universities can upload lesson plans, class notes and lectures online, spreading the love of education and availability of information to millions. Online courses are cheaper for institutions to produce without the overhead of a physical space, and students can access course content from thousands of educators for affordable prices in places where there was previously no access for hundreds of miles. But there’s a darker side to the story as well. Lawyers in Utah point to the troubles that one woman encountered, experiencing fraudulent online courses, as explained in the local KUTV news article. Michelle Ward’s online program was worthless— she spent $700 to complete six weeks’ worth of classes. Because of her rural and remote location in Price, Michelle’s options for obtaining certification for the job she wanted as a medical assistant were limited, and she chose an online program that promised an accredited certificate. When she went to a job interview after finishing the course, however, she found out the certificate was a fake, “and no one will let her take the exam” because the “school” she attended is not accredited by the right people. St. Augustine School of Medical assistants has received several complaints, say lawyers in Utah who are familiar with the “diploma mill.” Some of the complaints have been filed with the Federal Trade Commission, who will sometimes go after such unregulated entities for “misrepresenting the validity, legitimacy, and usefulness of their so-called degrees.” But many estimate that the chance of prosecution by a federal or state agency is pretty slim for these guys. One U.S. Representative, Tim Bishop, (D-New York) has been trying to get legislation passed against these diploma mills, but nothing has gained traction so far. “Credentials ought to mean something. When [a school] is competing with someone who has credentials that are meaningless, that’s not right,” he says. But even some lawyers in Utah aren’t so sure whether creating more laws is the way to go. Harking back to the early days of the legal profession (when apprenticeship was a viable route to becoming an attorney for those living in remote and rural areas for lawyers like founding father John Adams) some wonder whether a six-week online “school” would be as effective as a six-week stint shadowing professionals in the field of any profession. An educational model that prioritizes and commoditizes information over experience can only take us so far. Still, Michelle Ward feels cheated, both out of her hopes and her $700. Attorney and other lawyers in Utah point to the likelihood of such diploma mills continuing to run in full operation without significant legal opposition, which can be much more expensive than the $700 courses that many aspiring professionals save up for. Bottom line? Do as much as you can to protect yourself by researching online schools extensively before handing over the cash. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Lawyers In Utah All Too Aware Of Problematic “Diploma Mills” In the State first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
The End Of Solving Trap Adapters Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/lawyers-in-utah-all-too-aware-of-problematic-diploma-mills-in-the-state/ We’re often asked about using a solvent trap adapter as a substitute for buying a suppressor from a dealer. Those recommendations have been confirmed by the fact that the ATF took action on January 25th against SD Tactical out of Prescott, Arizona for marketing solvent trap adapter kits that buyers could convert into a suppressor buy drilling out the “freeze plugs” and the end cap. The ATF’s concern may have been that too many purchasers of these kits were not going through the formal Form 1 application process and were making contraband suppressors. The problem may also have been compounded by the fact that SD Tactical is a Type 07/02 manufacturer and makes and sells commercial suppressors through the regular Form 4 process that use the same outer tube and internal parts that they were also marketing as “solvent traps” in an undrilled state. No other suppressor manufacturer is believed to sell their outer tube separately or baffles without a center hole drilled through it. It may also not have helped that they allegedly had made instructional videos of the company owner explaining exactly how to convert your solvent trap into a silencer, so it would appear very clear what the intended purpose of a “solvent trap” really was. The ATF is reported to have told SD Tactical that they have two choices: stop marketing solvent trap adapters; or, face five years in prison. All in all, the incident makes it very clear that the ATF does not look kindly on these devices and the scary thing is that they now have the shipping records and order records of every person who has purchased such a device or kit from SD Tactical and could be looking into tracking those items down. Clearly, this makes using such kits even more questionable and we would strongly recommend that you stay away from them. It’s not worth the risk of losing your firearm rights for the rest of your life or the large legal defense bill that could result. We would also advise those who have purchased such a kit to refrain posting anything incriminating on social media and to contact your attorney as to what you should do. LGBT Adoptions are Legal in UtahExciting changes in Utah law make gay adoptions possible for married couples, and Alder Law in Salt Lake City has the knowledge, tenacity and experience to help families and children get all the legal rights they deserve. Our firm’s founder pioneered legal co-guardianships for a number of lesbian couples before gay marriage laws changed, and we have helped many same-sex couples with estate planning to protect their relationships and safeguard their assets. We’re committed to continuing our support for couples in Utah’s LGBT community. In our work with co-guardianships, we have helped biological mothers and their female co-parents construct arrangements that allow the whole family to share insurance benefits, legal responsibilities and full custody rights. Now, full formal adoption is possible when lesbian and gay couples in situations such as this are married. TYPES OF GAY ADOPTION ALLOWED IN UTAHMuch of our work has been with formalizing adoptions where one person is the biological parent, but we can also help couples who want to adopt in other situations, including: WHEN IS LGBT ADOPTION ALLOWED?In Utah, children up to the age of 18 are eligible for adoptions, and any couple who is legally married can apply. In some cases, single adults can also apply if they have a special relationship with the child such as a history of acting as a parent in a same-sex relationship. State law does not allow cohabiting couples who are unmarried to adopt, regardless of sexuality. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post The End Of Solving Trap Adapters first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What To Do If You Are Damaged By Legal Malpractice Simplified Or Summary Probate For Small Estates Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/the-end-of-solving-trap-adapters/ Generally, probate for large estates can take years, or even decades. However, for smaller estates, there’s a simplified version of the process – often called simplified probate or summary probate. Almost all states, with the exception of a few, allow this simplified probate procedure that saves money and time. Read on to learn about summary probate for small estates. What Is Simplified or Summary Probate for Small Estates?A simplified probate procedure, often called summary probate, is a simple probate proceeding that is available for small estates as defined by individual state laws. Different states have different definition of summary probate. Most states allow summary probate as long as the estate doesn’t exceed a certain limit. The amount of estate often refers to the dollar value of the property that’s in the estate, which varies by state. For example, California requires estates not to exceed $150,000 to qualify for summary probate by affidavit with a 40-day waiting period. As opposed to the regular probate process, summary probate typically won’t require a court hearing. Instead, beneficiaries can use simple methods to distribute the assets, as described below. Determining the Estates LimitThe easiest way to determine the estate limit is to create a list of assets that pass to the heirs and beneficiaries by will. If there’s no will, the state intestate succession law will determine what types of assets are transferrable to the heirs. Then, add up those assets, and the total amount should not exceed the state limit on summary probate. Some types of assets, such as joint tenancy property, retirement benefits, and payable-on-death bank accounts, which don’t go through the regular probate, are not counted towards the summary probate estate. Getting Started: Summary Probate ProcessAlthough states may have different requirements for the summary probate process, there are common steps that most states require. The summary probate process starts when the executor or the surviving family member files a petition for summary probate. The petition should indicate the amount of the estate and a statement on how it meets the limit to qualify for summary probate under state law. If there’s a will related to the estate, the petition should also show that the will is valid. Next, you will need to submit supporting documents to go along with the petition for summary probate. The court will require you to attach a copy of the will and a list of heirs and property assets. After the petition for summary probate is submitted, the summary probate process goes into a waiting period, which gives creditors an opportunity to file claim against the petitioner. This period for summary probate usually lasts a month or two, which is much shorter than the regular probate. Then, the estate must pay any outstanding taxes and debts. After that, the assets will be distributed to the appropriate heirs. Once final asset distributions are made, the estate is closed. Uniform Probate Code on Simplified ProbateMany states have adopted the Uniform Probate Code (UPC), which includes provisions on the simplified probate process. Under the UPC, there are two different methods for simplified probate: (1) affidavit to collect the property and (2) summary administration. Some states have both methods and some states would only allow one of these procedures. In the affidavit procedure, the beneficiaries can use a simple affidavit to claim the assets, regardless of the amount of estates. The beneficiaries must explicitly claim the title of the property and get the affidavit notarized. Then, all beneficiaries must sign the affidavit under oath. There must be no legal disputes regarding collection of the property. Otherwise, the probate court will need to hold a hearing to resolve the disputes. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Simplified Or Summary Probate For Small Estates first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What You Need To Know About Accounting Malpractice Lawsuits What To Do If You Are Damaged By Legal Malpractice Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/simplified-or-summary-probate-for-small-estates/ Are уоu in thе рrосеѕѕ оf buying оr selling rеаl еѕtаtе in Salt Lаkе Citу? Dо уоu have ԛuеѕtiоnѕ оr соnсеrnѕ аbоut соntrасtѕ, ѕаlеѕ оr lеаѕе аgrееmеntѕ, titles, еаѕеmеntѕ оr liens? Dо уоu need assistance with dосumеntаtiоn, nеgоtiаting tеrmѕ, inѕресtiоnѕ оr аррrаiѕаlѕ, rеѕоlving title inѕurаnсе, environmental issues, or fоrесlоѕurеѕ? Find hеlр with estate Lаwуеrѕ in Sаlt Lake City. Estate Lawyers in Salt Lаkе City Lawyers оffеrѕ a ѕtаndаrd, comprehensive dirесtоrу of ассrеditеd rеаl estate attorneys whо’vе attained a high-dеgrее of рееr rесоgnitiоn аnd рrоfеѕѕiоnаl achievement in commercial and rеѕidеntiаl rеаl estate trаnѕасtiоnѕ. Regardless оf сirсumѕtаnсе, use estate Lawyers in Sаlt Lаkе Citу to hire a lосаl rеаl еѕtаtе lаwуеr tоdау. Arе уоu ѕеаrсhing for a tор rеаl estate lаwуеr in Salt Lаkе City, Utаh? Through еѕtаtе Lаwуеrѕ in Sаlt Lаkе Citу dirесtоrу, we indеx attorneys whо practice ԛuаlitу and еxсеllеnсе in their wоrk. It iѕ еаѕу tо brоwѕе rеаl еѕtаtе аttоrnеу liѕtingѕ in уоur immediate аrеа, ѕеаrсh for a specific individual rеfеrrеd by a friеnd, оr ѕtаrt nаrrоwing уоur search bу practice area. Did уоu find individuals who intеrеѕt you? Learn more bу exploring thеir рrоfilеѕ. There уоu will find a rеаl estate аttоrnеу’ѕ contact, education, and biоgrарhiсаl infоrmаtiоn to supplement уоur research. Whеrе роѕѕiblе, оur рrоfilеѕ will аlѕо include linkѕ to a real еѕtаtе lаwуеr’ѕ personal biоgrарhу, firm wеbѕitе, аnd other rеlеvаnt infоrmаtiоn tо consider. Arе you rеаdу tо take action? Our рrоfilе’ѕ соntасt form iѕ simple tо uѕе and makes it easy tо connect with a Salt Lаkе Citу, Utаh lawyer аnd seek legal аdviсе. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Real Estate Salt Lake City first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Utah Workers Compensation The Important Distinction Between Accident And Disease What You Need To Know About Accounting Malpractice Lawsuits what To Do If You Are Damaged By legal Malpractice Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/real-estate-salt-lake-city/ Lawyers are required to act in their clients’ best interests, a responsibility known as a fiduciary duty. When you are faced with a situation that forces you to hire a lawyer, you are already in a vulnerable position, and it is your attorneys’ responsibility to represent you or your business to the very best of their ability. WHAT IS LEGAL MALPRACTICE?Attorneys are required to adhere to reasonable standards of conduct when representing clients. Attorney negligence and legal malpractice can occur in either a litigation or transactional context, and in all areas of the law, including personal injury, commercial litigation, land use, real estate, corporate, tax, probate and estate, and contract drafting. For example, one vital requirement in any litigation is recognizing and adhering to the Statute of Limitations, and properly and promptly advising clients of their available legal options. Statutes of Limitations are the rules that govern how long you have to file a particular type of claim, and vary from case to case. As long as a client secures attorney representation well within the Statute of Limitations period, it is then the attorney’s responsibility to file the lawsuit before the Statute of Limitations expires. Lawyers are also expected to have a thorough knowledge of applicable state and federal laws, as well as knowledge of their clients’ specific legal options. Many attorney malpractice cases arise due to drafting errors. Transactional attorneys are required to follow client instructions when drafting contracts; otherwise, the client could face otherwise unnecessary financial and legal consequences. It’s also important for lawyers to be transparent with clients about their litigation experience. Attorneys taking cases in areas of the law where they do not have the requisite experience could lead to errors and negligence down the line. Attorneys should also turn down cases that could create conflicts of interest. Clients are entitled to legal representation that is fully committed to achieving their preferred outcome. HOW IS ATTORNEY NEGLIGENCE DETERMINED?It is not necessary to prove malicious intent on the part of the attorney; simple negligence can constitute malpractice. To understand what constitutes attorney negligence, it can be helpful to consider the parallel of medical malpractice, which is more widely known. If a surgeon fails to properly scrub up before an operation and the patient contracts an infection as a direct result, it is not necessary to prove that the surgeon had malicious intent. What is relevant is that any physician that is exercising normal care would follow proper hygienic procedures before undertaking an operation. The same concept applies to legal malpractice claims. It is possible that your lawyers, for example, failed to file your lawsuit within the Statute of Limitations due to carelessness and not because they specifically desired to sabotage your case. Still, attorneys are under the reasonable expectation that they are aware of Statute of Limitations. If your attorneys are not reasonably careful to make sure your claim is filed in a timely fashion, their actions may qualify as negligence. Another important consideration is that attorneys usually have insurance to cover any claims made against them for their negligence. This insurance is intended to be available to compensate clients who are injured by their attorneys’ errors. How can I prove that my attorney was negligent?From the perspective of a judge, jury, or arbitration panel, it must be demonstrated that, were it not for your attorney’s actions, you would have reached a more favorable outcome in your dispute. In legal terminology, this is known as “but for” causation. Demonstrating “but for” causation could involve proving that if your lawyer had exercised reasonable care in advising you or acting on your behalf, you would have avoided the harm that resulted. Although it can be difficult to trust another attorney after you’ve been the victim of legal malpractice, it is important to seek qualified legal counsel to file a malpractice suit. Even if your original lawyer is in the wrong, the reality is they have legal experience that you do not, making it that much harder for you to prevail against them. Choosing a lawyer who specializes in professional malpractice on a contingency-fee basis is one way to diminish the financial risks. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post What To Do If You Are Damaged By Legal Malpractice first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Restoring Public Access To Public Waters Utah Workers Compensation The Important Distinction Between Accident And Disease What You Need To Know About Accounting Malpractice Lawsuits Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-to-do-if-you-are-damaged-by-legal-malpractice/ Accountants are expected to follow standards of professional care and conduct in the course of providing professional services to their clients, such as tax preparation, business consulting, and asset management. ACCOUNTANT STANDARDS OF PROFESSIONAL CONDUCTAccountants are expected to abide by rules of professional conduct. These rules are published by the American Institute of Certified Public Accountants (AICPA) and are known as “Generally Accepted Accounting Principles” (GAAP). Utah also has laws concerning public accountancy, based in part on the standards set forth in GAAP. Because many of these standards are very broad and could cover a wide variety of misconduct, you should discuss your particular circumstances with an experienced accounting malpractice attorney. EXAMPLES OF ACCOUNTANT MALPRACTICEDeviation from professional standards can lead to an accounting malpractice lawsuit. To have a case, however, you must have suffered financial losses from the alleged misconduct. Common examples of accountant misconduct that can lead to a lawsuit include: Rising Lawsuit Costs Linked to Decrease in Tort FilingsAn analysis of state court data by the Wall Street Journal challenges the notion that Americans are overly litigious and raises questions about prohibitive litigation costs. According to WSJ, tort lawsuit filings (lawsuits for civil wrongs) declined more than 80% from 1993 to 2015. One of the main factors cited for the decline in tort filings is the high cost of bringing suits. Data from the National Center for State Courts shows that the median cost of civil cases is $43,000 – $122,000. High lawsuit costs speak to another litigation trend: more clients saying they want some form of alternative fee arrangement such as contingency-fee litigation. But even as clients demand that law firms move away from the inefficient hourly billing model, most firms continue to use non-hourly billing on a very limited basis. THE HIGH COST OF JUSTICEIn “We Won’t See You in Court,” the Wall Street Journal describes a “nationwide ebb in lawsuits” that contradicts the perception of Americans flooding the courts with claims. WSJ’s analysis of data from the National Center for State Courts (NCSC) finds that tort cases declined from 16% of state court civil filings in 1993 to about 4% of filings in 2015—a difference of more than 1.7 million cases. Among the reasons cited in the article for the overall decrease in tort filings are pro-business tort reform efforts and the rising cost of filing lawsuits. Judge Gregory Mize of the District of Columbia District Court is quoted as saying that, “People are just not filing cases like they used to. They are not seeking trials like they used to. It’s so expensive and time-consuming.” Importantly, NCSC found that, “for all case types, a trial is the single most time-intensive stage of litigation, encompassing between one-third and one-half of total litigation time in cases that progress all the way through trial.” In many cases, a plaintiff can recover the full value of their claim only by going to trial. Opposing counsel is well aware of this, which is why they often try to reach a pretrial settlement or drag the case on as long as possible and drive up litigation costs to the point where the plaintiff—unable to continue paying a lawyer—is forced to accept a settlement. LEGAL CLIENTS DEMANDING MORE ALTERNATIVE FEE ARRANGEMENTSLegal consulting firm Altman Weil, Inc. performed a survey in 2015 that found “more and more clients are saying they want some form of alternative fee arrangements…but most law firms still don’t approach AFAs proactively.” These trends are corroborated by a 2015 Claims Litigation Management Advisors study in which sixty-seven percent of litigation executives polled anticipated no change in the use of AFAs over the next five years. A well-known problem with the hourly attorney fee model is that it can reward inefficiency and create a misalignment between the interests of attorneys and those of their clients. The contingency-fee model, on the other hand, aligns the interests of attorney and client and creates a shared goal for the case—maximizing the recovery. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post What You Need To Know About Accounting Malpractice Lawsuits first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Restoring Public Access To Public Waters Utah Workers Compensation The Important Distinction Between Accident And Disease Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-you-need-to-know-about-accounting-malpractice-lawsuits/ What is an industrial accident?The answer to this question is of paramount importance to both employers and injured workers in Utah. The amount of benefits available to an injured worker, and potentially owed by an employer, are directly impacted by whether an industrial injury is classified as an “industrial accident” under the Utah Workers’ Compensation Act, or an “occupational disease” under the Utah Occupational Disease Act. Utah workers’ compensation law is somewhat unique in that it allows for apportionment in occupational disease claims. Apportionment allows a court to identify all causes of a medical condition, and then adjust the benefits awarded to reflect only the percentage of the injury actually caused by the employment. This system ensures fairness as the worker is paid for the industrial portion of her injury, no matter how slight, and the employer is released from liability for any non-industrial causes of the worker’s condition. In contrast, apportionment is not available in industrial accident claims. A worker injured by “accident” is awarded full benefits for her entire condition upon proving her claim—even if the industrial accident only slightly contributes to, or aggravates a primarily non-industrial injury. The tradeoff is that, unlike in occupational disease claims, the employment is not assumed to be a legal cause of the worker’s condition. Instead that causal connection must be proven by the worker, the failure of which completely bars an award of benefits.1 Unfortunately, Utah courts have since departed from that common-sense distinction. In the 1940s, Utah passed an exceptionally restrictive statute that essentially limited occupational disease claims to only a few, specifically identified types of conditions. The courts reacted by steadily expanding the definition of “industrial accident” to cover those gradually developing conditions which fell outside the narrow coverage of the new occupational disease statute, but which also failed to meet the original definition of “industrial accident” due to their gradual onset. Unfortunately, this initially well intentioned expansion has proceeded unchecked for nearly 75 years, and has now far exceeded the bounds of necessity. The courts’ current interpretation of the law essentially allows all gradually developing conditions (even those arising over a period of years) to be claimed as “industrial accidents.” This unbridled expansion has essentially caused a de facto repeal of the Occupational Disease Act and its apportionment provision. The Utah Legislature has, somewhat recently, indicated its desire to reverse this unnecessary judicial expansion. In 1991, a new Occupational Disease Act was enacted, eliminating the restrictions of the original Act, and expressly providing compensation for “all” injuries and conditions gradually caused by the duties of employment. However, in the 23 years since its enactment, the Utah appellate courts have not been presented with the opportunity to interpret the “new” statute and define its impact upon the current expanded interpretation of what constitutes an industrial accident. As a result, the lower courts have maintained the status quo, continuing to apply the judicially expanded interpretation of the now superseded Occupational Disease Act. Through a currently-pending appeal before the Utah Court of Appeals, our firm has provided the Court with the opportunity to interpret the new statute. In doing so, we have requested that the Court give force to the Legislature’s intent that there be a clear and logical distinction between “industrial accidents” and “occupational diseases.” In issuing this challenge to the Court, we acknowledge the general hesitance of appellate courts to overturn longstanding precedent. However, we are hopeful that the Court will see the overwhelming need for clarification and reform in this hotly contested area of law. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Utah Workers’ Compensation: The Important Distinction Between Accident And Disease first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Restoring Public Access To Public Waters Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/utah-workers-compensation-the-important-distinction-between-accident-and-disease/ Utahns have a rich history of using their public waters (i.e., waters flowing in or impounded on rivers and streams) in place for a wide variety of purposes. Prior to the arrival of Mormon pioneers in 1847, Native Americans, mountain men and other intrepid souls fished Utah’s waters for sustenance and, at times, to avoid starvation. Consistent with the sentiments of Brigham Young and other early Utah leaders, these traditional uses of Utah’s rivers and streams continued following settlement and were even expanded to include commercial fishing and other commercial uses well into the twentieth century. For example, from the 1860s well into the 1900s, several Utah rivers and streams served as highways of commerce to float forest products (e.g., railroad ties, saw timber, cord wood) from Utah’s mountains to mills and markets. Private sustenance and sport fishing of Utah’s public waters continues today, though severely impaired by limitations recently imposed by the State of Utah. And from territorial days through the present, Utah’s courts have recognized the public’s ownership of these waters, the public’s right to use these waters in place as it always has, and the State’s duty to protect and manage these waters and their uses in trust for the benefit of the public. In one of those lawsuits, the court has agreed with USAC that the public’s ownership of the Provo River and Utah’s other rivers and streams and the public’s right to use these waters in place are protected by the Utah Constitution. The only question remaining in this case – and one likely to be answered by the trial court this fall – is whether the Act violates the State’s duty to protect and manage these waters and their use in trust for the benefit of the public. In the second lawsuit, USAC has developed evidence regarding the commercial use of the Weber River from Holiday Park to Echo as a highway of commerce in the late 1800s and will ask the trial court to determine whether that evidence demonstrates that the Weber was ‘navigable’ at the time of statehood. If so, the State took title to the bed of the segment of the Weber River at issue at statehood in trust for the people and, as the public owns the water in the Weber, it has a right to use that water in place. And if the historical commercial use of the Weber establishes navigability, those same standards will apply to several other Utah rivers and streams. Regardless of outcome, both cases are all but guaranteed to end up before the Utah Supreme Court. But though the road is hard and the outcome uncertain, USAC and its members and attorneys are committed to doing all they can to ensure that Utah’s rivers and streams – which the Utah Supreme Court once called ‘gifts of providence’ – are available to future generations to use and enjoy. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Restoring Public Access To Public Waters first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
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