Divorce Utah County

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:
• division of real estate and personal property
• division of debts and assets
• child custody and visitation if you and your spouse have minor children
• child support, health and insurance coverage
• alimony or spousal support, and
• any other issues related to your marriage.
Beginning the Uncontested Divorce Process in Utah
To obtain an uncontested divorce in Utah you must meet the following criteria:
• you or your spouse have resided in Utah for at least 3 months, if minor children are involved, you must have resided in Utah for 6 months
• you and your spouse have agreed on all issues in your divorce, and
• child support and spousal support, custody and visitation are not requested, or there is a written agreement signed and notarized by both parties resolving those issues.

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:
• Civil Coversheet
• Petition for Divorce
• Vital Statistics Form/Certificate of Dissolution
• Acceptance of Service
• Stipulation
• Affidavit of Jurisdiction and Grounds
• Military Service Declaration and Order
• Findings of Facts and Conclusions of Law
• Decree of Divorce
If you and your spouse have children together under the age of 18, then the following forms must be filed as well:
• Child Support Worksheet
• Affidavit of Income and Compliance with Child Support Guidelines
• Financial Declarations, and
• Child Support Locator.
The required paperwork to complete a divorce in Utah may vary in your particular county, and thus, forms in addition to those listed above may be required to complete your divorce. Check with your local court clerk for more information and to determine whether you need to file additional forms.

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 Consultation

When 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

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Changes In Utah Foreclosure Law

from Michael Anderson https://www.ascentlawfirm.com/divorce-utah-county/

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Changes In Utah Foreclosure Law

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
• why you fell behind on your payment,
• what your current financial resources are, and
• if you have a realistic plan for repaying the money you owe.
If you go to your lender with a good attitude and are honest, your problems will likely be easier to solve. You may also ask your lender about modifying the loan. That might reduce your monthly payments to an affordable level.

Trust Deed Foreclosure

To foreclose on a Trust deed, a creditor must follow these steps:
• A trustee records a Notice of Default at the county recorder’s office. The Notice of Default includes the reason the trustee believes your loan is in default. A trustee must give written notice of the default to the borrower and anyone who has filed a Request for Notice. This is usually done by registered mail. Always arrange to get letters sent by registered mail. The notice is valid even if you fail to sign for it or pick it up from the post office.
• You will receive a copy of the Notice of Default. If you suspect you are in default, you should check with the county recorder to see if a notice of default has been filed. You may also file a request for notice with the county recorder’s office so you are notified of any default. A notice of default does not mean you have to move out, but you will have to move once the sale of the property is final.
• After the Notice of Default is filed, you must make a payment plan with your creditor. You will have to pay any past due payments, late fees, collection fees, and legal fees. This must be done within three months of the recording of the Notice of Default. Otherwise, after three months the trustee can issue a Notice of Sale and you will have to pay the entire loan to avoid losing your property.
• If you do not cure the default, the trustee must give written notice of the time and place of the sale. This is done by: Placing an ad in a newspaper once a week for three straight weeks. The last notice must occur more than 10 days but less than 30 days before the date of sale; and, Posting a Notice of Sale at least 20 days before the date of sale on the property and in at least three locations in the county where the property is located.
• The sale can be postponed by the trustee. Once the Notice of Sale has been issued, you can only redeem the property if you pay the entire loan balance plate fees, collection fees, and legal fees. If you cure the default, you should ask the trustee to file a Cancellation of Notice of Default.
• If the house sold for less than what you owe the lender, they may, within three months after the sale, sue you for the rest of the debt owing and expenses. This is called a deficiency judgment. The deficiency judgment is limited to the amount the debt, interest, costs, and expenses of sale is more than the fair market value of the property at the date of the sale. The fair market value is the value of the property to the normal buyer on the date of sale. The fair market value is not always the amount the property sold for at the Trustee’s Sale.
When a trust deed or mortgage goes into default, the lender has the right to declare the entire balance of the loan due and file a lawsuit to collect the debt. To foreclose on the property in this manner, the mortgage holder must file a summons and complaint and serve them on you. You must file a response to these papers in court. It is not a defense that you cannot afford the payments. Once the mortgage holder has a judgment against you, a sheriff can serve an order called a writ of execution that allows your house to be sold to satisfy what you owe on the mortgage. Once the property sells, you have six months to redeem the property. To redeem the property, you must pay the amount the property was purchased for at the foreclosure sale plus any costs incurred by the mortgage holder, plus a 6% redemption fee. If you do not redeem the property, the purchaser will get a deed after six months. You will have to move out. You do not have to pay rent during the six month redemption period. The mortgage holder is entitled to a deficiency judgment if the foreclosure sale price is less than the full amount owed. Unlike the trust deed foreclosure, the mortgage holder is entitled to judgment based on the price of the property at the foreclosure sale rather than the fair market value of the property at the time of the sale.

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 Consultation

When 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

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ATV Accident Lawyer Draper Utah

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:
• White: 90.04%
• Asian: 4.29%
• Two or more races: 2.06%
• Other race: 1.89%
• Black or African American: 0.69%
• Native American: 0.62%
• Native Hawaiian or Pacific Islander: 0.41%

Draper Utah Lawyer

87.84% 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 Accident

All-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 Accidents

Flipping 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 Tips

To 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 Accidents

While you may face unique damages, and no two accidents are identical, there are some common recurring injuries reported from ATV accidents:
• Physical Bodily Injuries: Bodily injuries, fractures, and broken bones commonly arise from an ATV colliding into a pedestrian. Bodily injuries are a traumatic and unfortunate occurrence, and you may seek monetary compensation from the liable party in order to help cover medical costs, recovery, and therapy, disability, lost wages, and pain and suffering damages. Pain and suffering damages includes psychological and emotional trauma in the wake of your accident, and can take the form of anxiety, stress, fear, depression, and aversion to previously normal activities.
• Brain Damage: In any vehicle-related accident, including ATVs, there can commonly be whiplash or some sort of violent physical force to the head area. Brain damage is a serious injury that can have severe immediate and long-term consequences. Speak with an experienced personal injury attorney immediately after seeking medical attention in order to learn your rights and have your attorney begin to form your case in order to seek to hold the ATV driver liable.
• Paralysis: In extreme circumstances, ATV accidents can cause full or partial body spinal cord and neck injuries, potentially resulting in paralysis. This is an extremely tragic consequence of ATV accidents, and you may seek compensation from the at fault party in order to cover medical and rehabilitation costs, as well as disability and pain and suffering in order to seek your greatest health and recovery going forward. After you have been injured by an ATV, health and recovery should be your priority. Thus, getting legal help from an experienced attorney can help lessen the stress of the situation and help get your life headed back in the right direction.

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.
• Speak With an Experienced Accident Attorney: You should contact an ATV accident attorney as quickly after the incident as possible. An attorney can help secure crucial evidence through in depth investigations, and may know which evidence is useful in demonstrating the other parties fault, as well as the extent of your damages. Knowing how to seek the right evidence is highly useful in recreating what happened at the accident scene and establishing the fault of the other party. Upon enlisting attorney counsel, your attorney can inform you of your legal rights, and can conduct in depth investigations to uncover evidence that may not be easily accessible or attainable. Your attorney may also conduct witness interviews, and use legal subpoenas and the discovery process to gain important evidence in seeking compensation for you. It is highly important upon any serious ATV injury that you heal and recover. Retaining an experienced attorney can give you peace of mind while your attorney takes the lead on your case, corresponding and negotiating with the other parties on your behalf.

• 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.
• Settlement Negotiations: In some cases, the other party, foreseeing a loss at trial in light of the evidence your attorney finds or fearing extended legal costs, may attempt to settle the case for a set monetary amount. This is equally true of the insurance companies involved in the claim as well. Your attorney can negotiate with the insurance companies on your behalf to seek your greatest compensation.
• Trial: In other cases, your attorney may perceive the greatest likelihood of capturing your greatest compensation might be by taking your case before a jury at trial. Your attorney can work in your best interests and on your behalf, working to demonstrate the full extent of your injuries and the other party’s fault before the court. An experienced attorney should have courtroom experience to anticipate what types of evidence the judge and jury will be most responsive to.

Legal Time Period

You 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 Consultation

When 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

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Recovery Of Attorneys Fees In Foreclosures

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:
• Property inspection fees
• Property preservation costs
• Foreclosure costs/fees, and
• Miscellaneous corporate advances.
Some states limit the amount of fees that can be charged pursuant to a default. For instance, charges may be limited to reasonable expenses, including costs and fees. Most mortgage contracts allow the servicer to take necessary steps to protect the lender’s rights in the property, including conducting property inspections to determine the physical condition or occupancy status of the mortgaged property. Inspections are generally ordered automatically once the loan goes into default. The charges for the inspections are then added to the total mortgage debt. The amount charged for each inspection, which is generally drive-by in nature). However, inspections might be performed monthly or more often, so the charges can add up quickly. Some courts have found that repeated inspections when the servicer is in contact with the homeowner, knows the property is occupied, and has no reason to be concerned about the condition of the property, are not necessary. The loan servicer may also assess costs for preserving the value of the property. Most courts have held that such fees must be reasonable in order to be collectable from the borrower. Generally, foreclosure costs must be reasonable and actually incurred before they are recoverable against the borrower. Most mortgages require the borrower to pay the lender’s foreclosure attorney’s fees as well. To be collectable, attorney’s fees must be reasonable and actually incurred. Additionally, some states limit attorneys’ fees in foreclosures. Corporate advances are expenses paid by the servicer to be recovered from the borrower. Corporate advances may include bankruptcy fees or force placed insurance costs, for example. If undefined corporate advances appear on your account, you should contact your loan servicer for an explanation to ensure they are appropriate for inclusion in the total amount owed. Borrowers may raise any number of defenses regarding improper late fees or other incorrect default-related fees. While some may constitute a full defense to the foreclosure, others will reduce the amount owed on the debt, thereby potentially decreasing any deficiency owed to the lender. (Learn more about deficiencies after a foreclosure.) If you want to challenge the fees being charged in a foreclosure action, you should speak to a qualified attorney who can advise you what defenses are available for your particular situation. Loan servicing records can be difficult to interpret and reconcile, so be sure the attorney is familiar with how to read loan servicing communication logs and payment histories.

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.
One of the considerations in deciding whether or not you should hire a lawyer to help you fight your foreclosure is the cost. It’s important to understand how legal fees work to make sure that you don’t end up paying more than you can afford.
Most foreclosure defense attorneys structure their fee agreements with homeowners in one of three ways:
• by charging the homeowner an hourly rate
• collecting a flat fee from the homeowner, or
• charging a monthly rate.
Hourly Rate
Some foreclosure defense attorneys charge an hourly rate for their services. The rate can range from around $100 per hour to several hundred dollars per hour. With this type of fee arrangement, the lawyer generally collects an initial retainer—an advance payment to the attorney before he or she starts to work on your case of several thousand dollars. The retainer amount and hourly rate varies widely, depending on the attorney’s experience and the customary rates in the area.
Pros and cons. The benefit to this type of fee arrangement is you’ll only pay the attorney for the amount of time he or she actually works on your case. The downside is that while the attorney will probably be able to give you a likely range of what you’ll pay in total, you won’t get an exact price as far as what the total cost of the foreclosure defense will be and hourly fees can add up quickly.
Flat Fee
Some attorneys charge a flat fee to represent homeowners in a foreclosure. Generally speaking, the fee can range from $1,500 to $4,000 depending on the complexity of the case.
Pros and cons. The benefit to paying a flat fee is that you know ahead of time exactly what the total cost of your foreclosure defense will be. Whether it takes five months or two years to dismiss the foreclosure or for the lender to complete the process you know that this is all you’ll pay. The downside is that not all foreclosure attorneys offer this option and you’ll have to pay the fee upfront, which is difficult for many distressed homeowners.
Monthly Rate
Some foreclosure attorneys charge an upfront retainer ranging from several hundred to several thousand dollars, and then a monthly fee (like $500) for each month that the foreclosure is pending. In addition, attorneys have been known to charge an extra fee on top of this called a contingent fee—if the case is dismissed as a result of the firm’s efforts.
Pros and Cons. The benefit to paying a monthly fee is that you know exactly what your attorney will cost each month without variation. Also, the attorney has an incentive to keep you in the property for as long as possible (if that’s your goal). The downside is that you must pay this amount each month, even if little activity takes place in your case during that time.
Late Fee Assessments
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.

Here are some ways that can happen:
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 ends, 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.
Limits on late fees. Late fees are often limited by:
• the dollar amount that may be charged (typically a maximum of $10 or $15)
• the percentage of the payment that may be charged (generally 4% or 5%)
• the date on which the late charge can be assessed, and/or
• the payment amount on which the late charge is calculated. (For example, the late charge may be based on a percentage of the entire amount of the payment due, including principal, interest, taxes, and escrow amounts or it may be calculated based on a percentage of just the principal and interest due.)
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.)

Default-Related Fees
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:
• property inspection fees
• property preservation costs
• foreclosure costs/fees, and
• miscellaneous corporate advances.
Some states limit the amount of fees that can be charged pursuant to a default. For instance, charges may be limited to reasonable expenses, including costs and fees.
Property Inspection Fees
Most mortgage contracts allow the servicer to take necessary steps to protect the lender’s rights in the property, including conducting property inspections to determine the physical condition or occupancy status of the mortgaged property. Inspections are generally ordered automatically once the loan goes into default. The charges for the inspections are then added to the total mortgage debt. The amount charged for each inspection, which is generally drive-by in nature, is typically minimal ($10 or $15). However, inspections might be performed monthly or more often, so the charges can add up quickly. Some courts have found that repeated inspections when the servicer is in contact with the homeowner, knows the property is occupied, and has no reason to be concerned about the condition of the property, are not necessary.
Property Preservation Costs
The loan servicer may also assess costs for preserving the value of the property. For example, property preservation costs may include fees advanced to:
• winterize the home
• replace locks
• repair windows
• restore utilities, and/or
• landscape the property.
Most courts have held that such fees must be reasonable in order to be collectable from the borrower.
Foreclosure Costs and Fees
Generally, foreclosure costs must be reasonable and actually incurred before they are recoverable against the borrower. Acceptable foreclosure costs include, among others:
• auction advertisements
• sheriff’s costs
• filing fees
• service of process, and
• certified mailings.
Most mortgages require the borrower to pay the lender’s foreclosure attorney’s fees as well. To be collectable, attorney’s fees must be reasonable and actually incurred. Additionally, some states limit attorneys’ fees in foreclosures.
Miscellaneous Corporate Advances
Corporate advances are expenses paid by the servicer to be recovered from the borrower. Corporate advances may include bankruptcy fees or force placed insurance costs, for example. If undefined corporate advances appear on your account, you should contact your loan servicer for an explanation to ensure they are appropriate for inclusion in the total amount owed.
Challenging Fees in Foreclosure
Borrowers may raise any number of defenses regarding improper late fees or other incorrect default-related fees. While some may constitute a full defense to the foreclosure, others will reduce the amount owed on the debt, thereby potentially decreasing any deficiency owed to the lender.
A few of the defenses that could potentially be raised are:
• breach of contract
• violation of state usury laws
• unfair and deceptive acts and practices
• unjust enrichment
• negligent servicing
• breach of fiduciary duty, and
• breach of good faith and fair dealing.

Foreclosure Lawyer Free Consultation

When 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

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Best Salt Lake City Utah Lawyer

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:
• What experience does the lawyer have in your type of legal matter?
• How long have they been in practice?
• What is their track record of success?
• What percentage of their caseload is dedicated to handling your type of legal problem?
• Do they have any special skills or certifications?
• What are their fees and how are they structured?
• Do they carry malpractice insurance? If so, how much?
• Who else would be working on your case and what are their rates?
• Do they outsource any key legal tasks for functions?
• What additional costs may be involved in addition to lawyer fees (postage, filing fees, copy fees, etc.)?
• How often will you be billed?
• Can they provide references from other clients?
• Do they have a written fee agreement or representation agreement?
• How will they inform you of developments in your case?

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:
• Are the lawyer’s experience and background compatible with your legal needs?
• Did they provide prompt and courteous responses to your questions?
• Are they someone with whom you feel comfortable?
• Are you confident they possess the skills and experience to handle your case?
• Are you comfortable with the fees and how they are structured?
• Are you comfortable with the terms of the fee agreement and/or representation agreement?

Consulting a Law Directory

A 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 Attorneys

Lawyers 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 Check

Before 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 Office

You 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 Lawyer

If 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 Referrals

Word 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 Associations

Another 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 Lawyers

Lawyers 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 Potential

Lawyers 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 Others

Lawyers 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 Challenge

Working 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 Areas

Increased 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 Perks

The 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 Influence

Attorneys 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 Habits

An 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.
• Unreturned Phone Calls: A lawyer, who fails to return phone calls promptly, or at all, does not place a premium on client service. They may be too busy with other cases, uncertain with how to proceed with your case or ignoring your matter altogether.
• Unanswered E-Mails: Like unanswered phone calls, unanswered emails can indicate that the lawyer is too busy, stressed or overwhelmed to handle your case or is not making your matter a priority.
• Missed Deadlines: Missing deadlines, especially court filing deadlines, can seriously damage your case. If a lawyer consistently misses deadlines, it is best to terminate the relationship and move on.
• Poor Attitude: A lawyer who displays a condescending, uncommunicative, rude, impatient or otherwise poor attitude may be difficult to work with. A poor attorney-client relationship may create conflict, tension, and ill-will.
• Lack of a Proper Calendaring System: A reliable, organized calendaring system is critical to meeting deadlines and prioritizing multiple obligations. A lack of a proper calendaring system can lead to missed deadlines and other disasters.

• 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.
• Refusal to Provide References: A refusal to provide references or let you talk with past clients indicates that the lawyer had problems with past clients that they do not want you to know about.

Examining Their Work Premises

A 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.
• Office Space in a State of Disrepair: Office space or property in poor disrepair can signal financial problems on the part of the lawyer.
• A Large Number of Empty Offices: A high number of empty offices can signal significant employee turnover, too-rapid growth or financial problems.
• Unkempt, Disorderly Office: A messy, cluttered office is a red flag for disorganization and inefficiency. Perhaps the lawyer thrives in chaos, but do you want to risk losing important paperwork or missing a deadline?
• Stacks of Unfiled Papers or Unopened Mail: A backlog of filing or unopened mail may indicate that the lawyer lacks proper support staff or is disorganized, unmotivated or overwhelmed.
Observing Their Staff
A look at the lawyer’s staff members and how they interact with personnel can provide clues to their effectiveness, competence, reliability, and ethics.
• Unhappy Staff Members: Disgruntled employees or low workplace morale can signal poor lawyer-staff communication, strained relationships and a lack of caring. A lawyer who treats staff poorly—through bullying, verbal abuse, rudeness, and other behaviour—can fuel conflict, tension, and ill-will. If the lawyer fails to treat his employees well, will he treat clients well?
• High Turnover Rate: High employee attrition can signal dissatisfaction with the law firm in general or the lawyer specifically. Committed and satisfied employees are more likely to remain with a firm, regardless of pay or benefits.
• Lack of Staff: A lawyer who lacks adequate support staff may be difficult to work with or may be experiencing financial difficulties.
Reviewing Their Billing Practices
A lawyer’s billing practices can also raise red flags. Below are a few billing practices to watch.
• Overbilling or Excessive Billing: Overbilling is a sign that a lawyer or paralegal is inflating the time it took to perform a task (known as “padding time”).

• 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.
• Surcharge on Legal Expenses: Some law firms add a surcharge to routine expenses such as copying or postage fees as a way to boost profit levels. In most cases, such charges are inappropriate and unethical.
• Hidden Expenses: Watch for hidden expenses that were not disclosed at the outset or in the fee agreement or retention agreement.

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from Michael Anderson https://www.ascentlawfirm.com/best-salt-lake-city-utah-lawyer/

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