Sunday, 25 February 2018

Litigation Law Firms

In today’s litigious society, it is an almost certainty that everyone knows someone who has battled through some legal obstacle. We are a litigation law firm that helps people just like you recover from loss or exercise your rights under the law. Another almost certainty is that, with tens of thousands of civil lawsuits filed every day, chances are your turn is coming, if it hasn’t already happened.

Why is this so? Why has litigation increased so dramatically in just 50 years or so? Is it because Americans are injuring each other more than we did two generations ago? Hardly. The root problem, unfortunately for America, lies elsewhere.

A more likely scenario is that, as America grew rich beyond the wildest dreams of our Founding Fathers, the meritocracy that had been “The American Way” for more than 200 years gave way to something else.

Litigation Law Firms

It may be that life had become increasingly easy for most Americans. Even as early as 1960, President John Kennedy saw something corrosive happening to the character of America and Americans, when in his Presidential Inaugural Speech he said, “Ask not what your country can do for you. Ask what you can do for your country.”

So affluent has America become that Americans have come to believe increasingly that every problem can be solved with money. Ignored is the real tragedy of modern America. As it has grown rich and richer, our country has become more and more removed from the ethos of personal responsibility and accountability that made America strong, powerful and respected. No longer self-reliant, Americans have begun seeing themselves as victims of every mishap and misfortune that comes their way. They have come to believe that they have the right to sue for every right they think they have. Forgotten or ignored is the fact that with every right – every freedom, if you will – comes a corresponding responsibility, and that the two are inseparable.

Americans have come to believe that nothing is their fault; that someone else is always to blame. They also have a growing sense of entitlement to compensation from anyone and everyone or any entity or entities that may have contributed in any way, direct or otherwise, to any injury, real or not, regardless of personal fault.

Seizing on society’s growing sense of victimization and entitlement, predator-attorneys helped convince much of the public that it has a “right” to sue neighbors, friends, even family members and employers, doctors, businesses and industries for whatever “wrongs” may occur.

Through advertising, media hype and the actions of lawyers and courts, much of society has been convinced that victimization and entitlement are normal, acceptable forms of behavior.
Accordingly, we have been taught that harsh, aggressive, and vengeful pursuit of cash compensation for real or imagined “wrongs” is the new “American Way.” And it is as American as baseball and apple pie.

Trial Lawyers in Utah

Worse yet, when victimization is rewarded, it becomes legitimized and reinforced in ways that ultimately are destructive to the so-called “victims” and to society as a whole.

Fifty years ago, most of our parents or grandparents wouldn’t know how to find a lawyer let alone engage one. You just didn’t sue anyone. It wasn’t done. If you got injured, insurance would cover the claim or the offending party would pay the cost of the injury, if you were lucky. Everyone involved chalked up such experiences to the school of hard knocks and went on with their lives. We used to think, accidents happen! No one thought about punitive damages or compensation for trauma, mental anguish, or emotional distress. No one even knew what those terms meant. Not so today.

Confronted by the overwhelming litigation that surrounds us all and the disdain society feels toward lawyers, it is no wonder a poll by Harris Interactive concluded that 54% of those surveyed do not trust the legal system in America, while 83% believe the system makes it too easy to file frivolous lawsuits. In another Harris survey, only about 11% of the public said they had confidence in America’s law firms, which is only slightly higher than confidence the public has in the two lowest rated institutions surveyed – Wall Street and Congress. Even more revealing than the public’s negative attitude toward law firms is a Gallup poll that ranked lawyers next to last in honesty and ethics – just a hair above used car dealers. My, how far the mighty have fallen!

Despite these deep-felt negative apprehensions about the law and lawyers, an American Bar Association survey of its members incongruously indicates that 80% of the respondents think that, “In spite of its problems, the American justice system is still the best in the world.” Now that’s denial. “Of course, these poll results were reported by the news media, so they could be wrong,” says Dave Barry, the popular American satirist. “There might not actually have been any polls; it’s possible that some reporter just made the whole thing up. But I don’t think so.”

Despite such broad-based and growing public distrust of the civil justice system and disdain for lawyers, the public nonetheless appears undeterred in its headlong rush to get whatever it can from whomever it can.

Free Initial Consultation with a Litigation Lawyer

When you need a litigation law firm to help you with a lawsuit, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Saturday, 24 February 2018

Probate Court

It’s a teenager up at the bench, sitting behind it, next to the judge, and it’s not something a lawyer in Utah sees every day in a Salt Lake City Courtroom. But as the Deseret News reports, it’s a program to get high school students from the area interested and involved in the legal system from a young age.  Some asked why we’re in probate court, and my response was because I am a probate lawyer. Teenagers are given the opportunity to shadow judges in their everyday duties as they work through the dockets, provided their behavior matches up to courtroom expectations.

Probate Court

Called the Judge for a Day program, it’s not new, but it does often take the average lawyer in Utah off guard when they see a teen sitting up next to the judge. One pair, Judge Randall Skanchy and East High School junior Sam Bennett saw about 175 appearances “and conducted two sessions of drug court” during the day they worked side-by-side. If that isn’t an accurate introduction into courtroom practice on a daily basis, it would be difficult to find something that teens could experience that comes closer.

The Judge for a Day program originated a decade ago, and provides stark relief to the dramatized perspective thrown up on TV through shows like Law and OrderThe Practice, or event Judge Judy or programming on Court TV. For kids interested in pursuing a career in the legal field, whether becoming a clerk, judge, or lawyer in Utah, this program helps them gain a more realistic perspective of the action.

And it’s gotten enthusiastic response from the Salt Lake City legal community. Judge Skanchy hosts a student every year, for example, and he thinks the program serves more than just those aspiring to become a lawyer in Utah—Judge Skanchy hopes “that understanding the courts will help Utahns feel more comfortable should they find themselves interacting with the judicial system” in any capacity. Being party to a lawsuit or involved in some way in a criminal case, as a witness or the accused alike, the experience of being involved in the courts is “probably the most important thing they have going on in their lives at that time…The outcome is important to them in a thousand different ways. It’s important for them to feel like they’re safe in court and they have the opportunity to be heard.”

And even while some attorneys might feel that not everyone has the privilege of appearing in a courtroom with such a generous and fair-minded adjudicator, others would insist that it is judges with outlooks like Skanchy’s that make the program worthwhile. Throughout the state, 23 students will be participating in the program spending time with Utah judges until the end of May. While high school student Sam Bennett has reported that he’s not sure whether he wants to pursue a career in law, he says his experience has certainly benefitted his understanding of the system.

Words of wisdom from the teen: “There are good things it can bring to people’s lives and positive effects it has on society. It’s not just a punishment. It’s a way to help people live the lives they should be living.”

Free Consultation with a Probate Lawyer

When you need to plan an estate, administer an estate, or go through probate, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Living Trust Lawyers

Living Trust Lawyers

Creating a will is just the first step to securing a less painful transition for your survivors in the eventuality of your death, but the problem is, no one wants to dwell on their own impending demise. As humans, we spend a lot of energy avoiding confrontation with the reality that our lives will end, and as privileged individuals living in one of the wealthiest nations in the world, we’re not forced to all that often.

We see this all the time because we are Living Trust Lawyers. When one of our own parents or family members pass, and we’re left to grapple with the frustrations of failed paperwork as well as the natural processes of grief, we begin to understand the importance of a will. But it doesn’t have to be that way, any Salt Lake City estate planning attorney will tell you. This guy even wrote a book about how to avoid being caught off guard when a relative leaves you behind holding all the (often incomplete) burial and estate arrangements.

End of life planning help from Salt Lake City estate planning attorney is best gift to children and relatives

The New York Times reporting on Eric A. Dewey’s experiences trying to finalize his father’s last wishes also details several other accounts of individuals who would have benefitted from the services of a Salt Lake City estate planning attorney. One was a woman whose membership in the Neptune Society (which cremates and scatters ashes at sea) was never finalized, so her descendants were stuck in the hospital with her body and no back-up plans. Another is the story of a man’s veteran father whose request to be buried in Arlington Cemetery was barely able to be fulfilled when he found the requisite paperwork being used as a bookmark in an obscure tome on a shelf in the garage.

It’s no wonder that these situations seem heartbreaking and overwhelming.  When dealing with your own loss, the last thing you want to worry about is a loved one’s last wishes remaining unfulfilled because of red tape and probate paperwork.  But a Salt Lake City estate planning attorney can help. Dewey’s chronicle of his own experience is recorded in “The Big Book of Everything,” which, despite its lofty title, seems to be eagerly received as evidenced by its 1,000 times-per-month downloads from the Internet, where it is available for free.

Dewey’s book certainly won’t take the place of counsel from a Salt Lake City estate planning attorney, but it does provide some helpful tips and insights in preparing for eventualities. Like how we need to keep track of “school and employment history and previous addresses” while we’re still around, even while it may be “tedious and not very pleasant,” something Dewey will readily concede.

The New York Times is in agreement with Dewey, and provides recommendations of books that can be a beginner’s resource in estate planning, as well a concise summary of a few points about whether to consider a will, a trust, powers of attorney, or various types of advance directives. Still, the NY Times acknowledges, everyone’s circumstances are different, and “if you have any doubt, it’s best to research it further or consult a lawyer.”

Free Consultation with Living Trust Lawyers

When you are ready to plan your estate and need to speak with Living Trust Lawyers, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Friday, 23 February 2018

Small Business Lawyers

Small Business Lawyers

Salt Lake City seems to be one of few shining beacons that exist as an example of a success city following the aptly titled “great recession” of 2008. Many may remember that the real estate market suffered greatly during and shortly after the recession. Now, a business lawyer in Utah knows that real estate project owners can count on high demand as buildings and commercial lots are becoming packed with new and improved businesses. The average Utah lawyer is being retained by small and large businesses alike to develop the legal foundation for their hopeful real estate plans. This focus on new development follows a focus on the environment, according to many law firms in Salt Lake City Utah. A welcome move since Salt Lake City has high levels of pollution compared to other areas. In 2010, it was declared nationally that Northern Utah’s air was, by a very large gap, worse than any other air anywhere in the U.S. Following this painful discovery, Utahns have since decided that in order to have a healthier environment precautions must be taken for the future.

Salt Lake City Law Firms

Once it was activists and youth who declared their desire that new building and real estate endeavors adhere to certain standards, to benefit and preserve nature. Now, businessmen and real estate developers are, themselves, finding ways to be environmentally conscious for the benefit of consumers, wildlife and the environment, because they believe in it and not because they are legally bound. This is a dramatic shift in the attitude towards real estate development, which many health conscious citizens and Utah lawyers are supporting. Many agree that this stems from many factors, including the scientific evidence that has amassed and supported the effects of environmental health on personal health. A larger reason for this shift may be even simpler; the same college-bound, megaphone-yielding, environmental activists of the past ten years are finding themselves as powerful post grads in big businesses. Health conscious shifts are being created by the health conscious minds of many current CEOs and the changes are making an impact; a trend that’s even being seen in law firms in Salt Lake City Utah, as well. Studies now show that simple steps towards economic and environmental harmony create a much larger impact than previously thought and a Utah lawyer must be constantly aware of the environmental laws that now, and will soon, surround real estate development. A real estate lawyer Utah can depend on will have his or her skills put to the test as these legal alterations emerge in the next few years.

Apart from these environmental benefits of health conscious real estate development, tourism will take a jump, declares many attorneys in law firms in Salt Lake City Utah. More patrons and visitors will flock into the fair city that houses breathtaking landscape, especially if the air won’t take your breath away, says any Utah lawyer. That’s also something that Salt Lake City officials are happily taking under consideration and preparing for as efficiently as possible. For the month of July regulated free passes are being given for individuals who utilize the public transportation through the Salt Lake City area. With public transportation now reaching further than ever before, community will take on a much broader interpretation. A real estate lawyer Utah can depend on for accurate counsel would say this trend will only continue.

Free Consultation with Small Business Lawyers

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Divorce and Refinancing

When you hire a divorce attorney, the love is gone, and divorce proceedings have started, your future begins right now – in the present economy.  Financing a new home or refinancing an existing one is a major concern.   But don’t be afraid.  You can do it.  And you can find someone to help you.  There’s no reason to go it alone.  I’ve represented hundreds of clients to know that bluer skies always rise above the mountains.

Divorce and Refinancing

Mortgage lenders require detailed financial statements, proof of steady incomes, and sizeable down payments.   In a refinancing, chances are the lender appraisal won’t value your home as much as you think its worth.  And lenders will only lend against a percentage of your home’s appraised value.  Take time to prepare for your home financing or refinancing during your divorce to pass lender scrutiny and convince your spouse or a judge to accept your proposal as part of your overall plan to divide the marital assets.

Arizona law provides that community, joint, or commonly held property must be divided equitably, though not necessarily in kind.  This language requires a substantially equal split.  Above all, it mandates fairness.  A property division may be unfair, for example, if your spouse walks away with all of the cash and you can’t finance or refinance a home.

Ten easy steps will help you plan your home loan

Step One. Identify your marital liquid assets, like cash in bank accounts and tax refunds.

Step Two. Identify and give a value estimate of your marital cash-convertible assets, like home equity, mutual funds, term-life insurance policies, and, possibly, major corporate stock and real estate investments.

Step Three. Identify and give a value estimate of your marital assets that you cannot or do not want to cash out. These may include cars (valued through Kelley Blue Book website at http://www.kbb.com), personal property, (furniture, furnishings, jewelry, paintings, tools), retirement funds, (pensions, 401ks, IRAs, and deferred compensation); self-employment businesses, time shares, closely-held corporate stock, and limited liability company and partnership interests.

Step Four. Identify your marital debts, like credit card balances, tax liabilities, and home mortgage balances and obtain your credit score and report from one or all of the credit reporting agencies.  Remember that the mortgage goes away if your home sells.  If you keep the marital home, expect to refinance to remove your spouse from the mortgage and pay his or her share of the equity.

Step Five. List the marital assets and debts between you and your spouse.  Allocate one-half of each of the liquid assets, the cash-convertible assets, and the debts. Allocate the marital assets that you cannot or do not want to cash out in an equal or substantially equal split. You can split retirement funds in any amount without taxes or penalties if you withdraw no money. Make sure you give yourself at least one-half of the liquid assets. If your spouse has greater earning power, you might take more cash.

Step Six. List your current income or income capacity and any separate property, income, and debts. This includes real estate, disability benefits, and student loans. Spousal and child support should be factored as well. Lender financial statements demand support information.

Step Seven. Calculate mortgage amortization schedules on the Internet to see what monthly payment you can afford.  Be sure to factor in taxes and insurance.

Step Eight. Contact lenders to see if you pre-qualify for a loan. There are numerous available lenders with Internet access.

Step Nine. Search for where you want and can afford to live. Your plan more likely will succeed if you can identify the home you want to buy. The U.S. Department of Housing and Urban Development (HUD) website at http://www.hud.gov is a helpful resource for home buyers.  Ask around for realtor referrals.  I’ve yet to run across one who isn’t willing to help.

Step Ten. Consult with a divorce attorney for advice on your proposed property allocation.  Asset waste or other issues, like tax rates and regulations, may suggest an adjustment.  Your lawyer can give you projected child support and spousal maintenance amounts.  He or she can refer you to a home or business appraiser, forensic accountant, tax practitioner, or certified divorce planner to address property division, business, income, and tax issues. You cannot finance or refinance a home, for example, if no one agrees you should receive your share of the cash.  Your lawyer can advocate your point.

These ten simple steps will help you finance a home, reduce your anxiety over the process, and show your spouse or a judge how your financing plan is a fair part of the overall division of property. You’ll see those bluer skies if you look above the mountains.

Free Consultation with Divorce Attoreny

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Thursday, 22 February 2018

Stop Repossessions with Bankruptcy

Vehicle repossessions are unfortunately quite common as many people are still struggling to gain a foothold in the unsure economy. Falling behind on vehicle payments can occur for a variety of reasons, with medical hardship and job loss as two of the biggest contributing factors. You should contact your friendly neighborhood bankruptcy lawyer who will help you.

Stop Repossessions with Bankruptcy

How Your Vehicle Can Survive the “Repo Man”

Contrary to popular belief, repossessions can happen even if you’re a single day late on a car payment. While the amount of time varies depending on the lender, falling behind on car payments is risky because banks and finance companies are often trying to squeeze as much out of consumers as possible. Bill collectors are usually paid a commission based on a percentage of what they collect, so they have a very strong incentive to either obtain payment or repossess the vehicle. But that’s just the beginning of the collections process; just because they got their vehicle back doesn’t mean you’re off the hook. Repossessions usually involve all kinds of extra fees tacked on along the way in addition to the remaining balance of the vehicle after it’s auction (which is virtually always less than market value). You might expect the collections efforts to get even more intense.

Debt collectors are notorious for bending the rules and being unethical, with upwards of 130,000 complaints filed against them with the Federal Trade Commission in the last year. The truth of the matter is that bill collectors have one goal: to collect. They rarely (if ever) inform consumers of their rights under federal law and the options available to them. Scare tactics are often used instead because the consumer’s best interest is not really that important to a bill collector. If no payment is made a lawsuit can be filed and a wage garnishment can be applied to the debtor.

That’s why it’s important to speak with an experienced bankruptcy attorney as soon as you know there’s an issue. Filing for bankruptcy will stop repossessions and other collection activities immediately. In fact, in most cases you can maintain possession of your vehicle through the bankruptcy process! Of course, in some cases it isn’t worth keeping a car if it’s unneeded. In those cases, a voluntary surrender in bankruptcy means you give the vehicle back to the lender, but the debt can be wiped out completely (including any fees they’d love to tack on).

If you’re behind on your payments, contact the bankruptcy team at the Lincoln Law to learn about your options and come up with a plan of action in the event you can’t catch up on your payments. Facing repossession and other collection tactics can be frightening, but with the power of the bankruptcy code on your side, it doesn’t need to be. By choosing an experienced bankruptcy law firm, you can protect your valued property and stop debt collectors in their tracks.

Do I Need A Lawyer To File Bankruptcy?

If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you.

The Risks with a Lawyer

While technically there is no requirement to hire a lawyer, it is important to recognize that the rules governing bankruptcy, called the Bankruptcy Code, are extremely complicated. A bankruptcy petition listing your assets, debts and other pertinent information is at least 35 pages long (and often longer). Errors in the petition could result in a dismissed (or unsuccessful) case or even loss of property you thought you would otherwise keep. It’s also important that all the information is prepared properly and accurately, because information perceived as misleading could land you in jail for fraud or perjury.

Qualifications of Bankruptcy Attorneys

Attorneys go to school for several years to obtain a juris doctorate degree. With their J.D. behind them, they take on the challenge of their state’s bar exam – if they pass, they are licensed to practice law in that particular state. However, since bankruptcy laws are written by the U.S. Congress, lawyers also need to familiarize themselves with the federal bankruptcy code specifically, which isn’t generally a focus on the bar exam. But even once all of these obstacles have been overcome, it’s important to remember that not all lawyers are the same – experience and focus in bankruptcy matters tremendously.

Our Recommendation for Bankruptcy

Although it’s not technically required, it’s most definitely prudent to hire a bankruptcy attorney who is extremely knowledgeable and experienced to assist you along the way. A relatively small expense earns you years of legal experience and the understanding of the bankruptcy code. Do some investigation about the attorneys you are considering working with. Are there complaints about them on government or review websites? You can also check county court records to see if the lawyer has ever been arrested or charged with a crime. One of the best resources for finding a trusted lawyer is simply ask your friends and family members if they know someone who can help you. But ultimately you’ll want to meet whoever you are considering working with to ensure they are knowledge, trustworthy and considerate of your goals.

Free Consultation with a Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506