Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right established […]
Establishing Ownership Rights in Property in Utah, Part 2 Read More »
In short, a Utah real estate agent hired by the seller or vendor owes to others, including the buyer, a duty to be “honest, ethical, and competent and is answerable at law for his or her statutory duty to the public.” See NetDictation, LLC v. Rice, 2019 UT App 192. Let’s take a look at
What Duty Does Your Utah Real Estate Agent Owe to You? Read More »
Million-dollar view from one of my favorite rocks in Farmington, Utah Did you engage your accountant to work for your company (LLC or S Corp) or did you engage him or her to work for you personally? The reason that I ask this has to do with whether you can personally rely on your accountant’s
Utah Accountant Liability: Is Your Accountant Working for You or Not? Read More »
Utah is an at-will employment state, meaning that “either the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.” This termination right, however, is not without limitation and could be modified either by written or verbal agreement. So, as with most legal rules, there are
Utah Employers and Employees Have Contracts Just Like Everyone Else Read More »
Utah business partners: are you in trouble? Seen here mountain biking on Antelope Island, Utah Short answer: probably. It all depends on what you mean by ‘trouble.’ Do you mean, “is my Utah business partnership about to implode (or explode!)?” If you are asking yourself that question, you probably already know the answer. Get Utah
IS MY UTAH BUSINESS PARTNERSHIP IN TROUBLE? Read More »
The duty to defend is the duty that an insurance company owes its insureds to hire an attorney and take action to defend the insured when the insured gets sued. It’s a bit of complex law that is often at the heart of any bad faith action against an insurance company. Utah typically follows the
What is the Insurance Duty to Defend in Utah? Read More »
Who gets how much from a personal injury settlement or judgment has always been shared pro rata among those benefitting: the plaintiff and those who paid for the personal injury. No longer. The Utah Supreme Court ruled in Bryner v. Cardon Outreach, LLC, et al., 2018 UT 52, that the Utah Hospital Lien Statute, Utah
Utah Hospitals Now Get Paid 100% of Their Liens in Personal Injury Cases Read More »
You need an attorney but you cannot afford to pay or need a different way to pay? There are ways known only to the initiated (i.e., those who have asked!). It’s called an “alternative fee agreement” or “alternative fee arrangement” and are only limited by your imagination. As you already know, attorneys typically charge an
Ways to Pay Your Attorney Read More »
In many Utah premises liability personal injury cases, the person who is injured on real property is often told they should have avoided the object or situation that injured them because it was “open and obvious.” The Utah Supreme Court reiterated the “open and obvious danger rule” in Coburn v. Whitaker Construction Co. released in
Watch Where You Are Going– the Open and Obvious Danger Rule Read More »
Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right
Establishing Property Ownership Rights in Property in Utah, Part 2 Read More »