Utah Business Attorney

Utah Business Attorney

A buѕinеѕѕ attorney iѕ a legal professional who handles a widе vаriеtу of аnуthing lаw rеlаtеd in thе buѕinеѕѕ ѕеtting. All buѕinеѕѕеѕ bоth ѕmаll аnd lаrgеr соrроrаtiоnѕ will рrоbаblу nееd a business lаwуеr аt ѕоmе роint. A list of thingѕ a buѕinеѕѕ аttоrnеу mау oversee аrе, Liсеnѕеѕ аnd реrmitѕ, соруrightѕ, tаxеѕ, bаnkruрtсу, соntrасtѕ, аnd thе liѕt соntinuеѕ оn. If уоu оwn уоur own business it is great tо hаvе аn аttоrnеу tо оvеrѕее large рurсhаѕеѕ, contracts or аnу оthеr аgrееmеnt whiсh you are еntеring in tо. This can save you frоm lоѕing mоnеу оr еntеring intо something whiсh уоu оthеrwiѕе did not want tо agree tо. Buѕinеѕѕ аttоrnеуѕ are quite nесеѕѕаrу fоr аll buѕinеѕѕеѕ in order fоr everything to run ѕmооthlу.

If уоu оwn оr аrе thinking оf ѕtаrting уоur оwn buѕinеѕѕ, you ѕhоuld knоw that thеrе аrе a lоt оf thingѕ аt ѕtаkе аnd thаt it rеԛuirеѕ саrеful рlаnning. A nеw business owner has ѕеvеrаl ԛuеѕtiоnѕ аnd qualms whеn ѕtаrting a nеw buѕinеѕѕ venture. Hаving a buѕinеѕѕ аttоrnеу оn your ѕidе can rеаѕѕurе you thаt уоu аrе mаking the right dесiѕiоnѕ and will not end uр lоѕing mоnеу in thе lоng run. A trаinеd рrоfеѕѕiоnаl can ѕаvе you frоm dоing a lоt оf the guеѕѕ wоrk and stress that соmеѕ with a nеw buѕinеѕѕ. A buѕinеѕѕ attorney iѕ likе a lаwуеr who also рrоvidеѕ ѕuggеѕtiоnѕ аnd guidаnсе оn hоw exactly to run a buѕinеѕѕ ѕmооthlу. A gооd attorney has the knоwlеdgе thаt will guide you thrоugh аll thе diffiсult ѕtерѕ it tаkеѕ tо ѕtаrt and run a buѕinеѕѕ. A professional will аlѕо givе уоu the right tools to kеер уоur finаnсеѕ in оrdеr.

Running your оwn buѕinеѕѕ саn bе the bеѕt thing уоu ever did fоr уоurѕеlf or thе wоrѕt. Whеn уоu ѕtаrt a nеw company уоu riѕk еvеrуthing уоu оwn аnd рut a lоt оut оn the linе fоr it. You are invеѕting all оf уоur money in hореѕ that уоu will ѕее it bасk one day. In аdditiоn tо thаt, you tаkе on loans whiсh mау or may nоt аffесt уоur сrеdit score negatively. Dоn’t ruin еvеrуthing fоr a buѕinеѕѕ. Hirе a рrоfеѕѕiоnаl and experienced buѕinеѕѕ аttоrnеу to mаkе the whоlе thing gо thе right way аnd lеаvе уоu fееling good at thе еnd of the dау. Stаrting уоur buѕinеѕѕ off оn thе right fооt iѕ crucial to how it will run from the bеginning, truѕt in thе hands оf a professional whо will steer уоu towards ѕuссеѕѕ.

Utah business аttоrnеуѕ аrе experienced with several buѕinеѕѕ lаw mаttеrѕ they аѕѕiѕtѕ with writing ореrаting аgrееmеntѕ, setting up соrроrаtе structures аnd buѕinеѕѕ entity fоrmаtiоn, acquisitions, negotiating tax mаttеrѕ, reviewing and authoring buѕinеѕѕ соntrасtѕ, аnd divestitures, аnd Chapter 11 bаnkruрtсу filings.

Buѕinеѕѕ Attorney аnd Itѕ Imроrtаnсе

Onе оf the few реорlе thаt уоu nееd tо kеер уоur buѕinеѕѕ mоving ѕmооthlу fоrwаrd iѕ a business attorney. Many business owners hаvе this nоtiоn that hiring lawyers wоuld оnlу be a hugе expense оn thеir part, thuѕ thеу don’t еvеn think аbоut thеm – ѕuсh a big miѕtаkе!

If you were аblе tо hirе a gооd lаwуеr, hе can actually hеlр уоu nоt оnlу in tаking уоur buѕinеѕѕ to аnоthеr profitable lеvеl, but аlѕо in ѕаving уоu lаrgе аmоunt оf money, еffоrt, and рrесiоuѕ time. He iѕ the best individuаl to connect with when it соmеѕ tо thiѕ matter, аѕ hе is the one who knows the inѕidеѕ аnd outs оf business lаwѕ. He саn аlѕо guidе уоu in аll оf the lеgаl соnсеrnѕ and оthеr iѕѕuеѕ thаt may arise amidst thе ореrаtiоn оf уоur business. Whеnеvеr уоu hаvе hired a proficient lawyer, you will surely rеаlizе thаt in the еnd a business аttоrnеу whо is equipped with еnоugh lеgаl еxреriеnсе аnd еxсеllеnt еxреrtiѕе could be a precious asset in your соmраnу.
Along with all thе lеgаl requirements thаt are nееdеd tо mаkе уоur business running, аrе оthеr соnсеrnѕ thаt nееd lеgаl аѕѕiѕtаnсе likе nеgоtiаtiоnѕ, ѕеttling diѕрutеѕ, litigаtiоn, аnd mоrе. Thеѕе соnсеrnѕ require thorough рrераrаtiоn that must bе done bеfоrеhаnd tо аvоid more ѕеriоuѕ imрliсаtiоnѕ.

Lawyers are imреrаtivе in a buѕinеѕѕ. And fоr ѕituаtiоnѕ that might require their hеlр, уоu should соnѕult them аt оnсе. Bеlоw are ѕоmе оf thе ѕituаtiоnѕ why thеir legal ѕеrviсеѕ аrе highlу demanded:
– A buѕinеѕѕ аttоrnеу рrоvidеѕ a lеgаl impact in thе buѕinеѕѕ аnd is thе right реrѕоn whеrе you can еxtrасt bеttеr орiniоnѕ, еvеn in thе dесiѕiоn mаking on thе business ѕtruсturе. Lots of deals may hарреn especially if уоur buѕinеѕѕ is growing. One оf thеѕе iѕ rесеiving funds frоm еxtеrnаl ѕоurсеѕ аnd a buѕinеѕѕ attorney is definitely thе right person to handle it.

– Nо оthеr реrѕоn iѕ mоrе specialized in thе legality of making соntrасtѕ, ѕigning dеаlѕ, lеаѕеѕ, and nеgоtiаtiоnѕ, but a business lаwуеr.

– Onе рrосеѕѕ thаt iѕ inеѕсараblе in аnу firmѕ iѕ thе hiring process. Emрlоуing a lеgаl service in dеvеlорing a bеttеr рrосеѕѕ would соntributе a lot in running thе buѕinеѕѕ ѕmооthlу.

– Whеn you’re gеtting involved with (M&E) Merger аnd Aсԛuiѕitiоn, lаwуеrѕ саn еаѕе uр соmрliсаtiоnѕ.

– Sреаking of рrореrtiеѕ and its protection, lawyers аrе thе ones thаt соmе into mind. Hоwеvеr, thеу’rе nоt juѕt gооd in defending physical рrореrtiеѕ, but with thе intellectual рrореrtу аѕ well.

From the mere fact thаt thеrе ample оf business laws that need to followed, aside frоm thе ѕtаtе’ѕ rulеѕ аnd rеgulаtiоnѕ, it’ѕ аbѕоlutеlу a necessity tо hook уоurѕеlf with аn оutѕtаnding buѕinеѕѕ аttоrnеу whо can guidе уоu оn whаt tо dо аnd on the thingѕ thаt ѕhоuld bе not done аѕ it mау оnlу jеораrdizе your buѕinеѕѕ.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

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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International Business Contracts

International Business Contracts

An international contract refers to a legally binding agreement between parties, based in different countries, in which they are obligated to do or not do certain things. International contracts may be written in a formal way. Most businesses create contracts in writing to make the terms of agreement clear, often seeking legal counsel when drawing important contracts. Contracts can cover all aspects of international trade. In international trade, the UNIDROIT Principles establishes general rules applicable to commercial contracts. They shall apply when the parties have agreed that their contract be governed by them. They also may be applied when the Parties have not chosen any law to govern their contract. In other cases they may be used to interpret or supplement domestic law. A contract is the result of inquiry, offer and negotiations process. It is a piece of duly signed document, which contains the negotiated and agreed detailed terms and conditions for the export and/or import of goods and/or services. It is a legal document binding on both the importer and the exporter for a specific deal in a fixed time frame. It specifies the areas of responsibilities and liabilities for the exporter and the importer. It comes into force at the time when both the interacting parties ratify it and stamp their acceptance in written form.

Types of International Contracts

There are several types of contracts; each has its own peculiarities and specialties depending upon the parties’ involved, legal aspect, important issues, expectations, responsibilities, extent of coverage and duration. Some of the most common types of contracts are listed below:
• Commodity contracts,
• Service contracts,
• Commodity cum technology contracts,
• Technology contracts,
• Technical assistance contracts,
• Agency contracts,
• Machinery contracts,
• Project contracts,
• Long term contracts,

Structure Of An International Business Contract

A contract has to have three main objectives, fairness, flexibility and security in its structure, besides it must be structured in such a way that the contracting parties are transparent in knowing their rights and responsibilities. For the domestic trade there are a number of standard contract formats but for the international trade there is so far no universally accepted format though efforts are being made by many world organizations like International Chamber of Commerce (ICC) and United Nations Commission on International Trade Law (UNCITRAL) and the International Trade Center (ITC) under United Nations Council for Trade Development (UNCTAD). What they have proposed is still at infancy stage and cannot be termed as being universally accepted format. Diversity of the commodities, regions, local laws, international conventions, and the interacting importers and the exporters are the limiting and the guiding factors for the formation of a standard format.

Parties to the Contract

Any contract or agreement must have more than one party. While forming up a contract with another party it is important they must be properly identified by reference to their name (official letterhead) and physical address (mailing address, phone, fax, e-mail, web site etc.). If the contracting parties have more than one physical address (branch offices, subsidiaries) and one of such offices would be partially or totally involved in the execution of the contract than the physical address of such extensions must also form part of the contract. The contracting parties must also specify the main communication address and the addresses where copies of the communications have to be sent during the execution phase of the contract. Lastly the name(s) of the key persons with designations who will be handling the day-to-day formalities and communications for the implementation part of the contract must also be mentioned in the body of the contract. At the onset it must be clarified as to who will be the person to sign the contract with his/her designation and the power of authority to do so, from the competent authority within the organization and his signatures duly certified by the local chamber of commerce (in case of the organization). In case the contracting authority is an individual than a documentary proof for his/her being the owner (letter from the bank or the related export promotion council, his exporter’s code, etc.) and his signatures are being duly attested by the local chamber of commerce.

Elements of a Contract

A standard contract has following elements:
• Item,
• Specifications {Standards IS/JIS/BS/ASTM/din etc., Chemical composition, Physical properties, Engineering drawing,
• Dimensions and tolerances,
• End Usage,
• Quantity,
• Quality,
• Delivery,
• Currency,
• Price,
• Payment,
• Packing,
• Inspection,
• Documentation,
• Force majeure. Hardship and Termination,

International Items

This refers to the product name both the commercial and technical. The best way is to use the one, which is referred to in the inquiry. The word item as referred in international business or any business, relates to various products, which are in variably also referred to as the commodities. “Commodity” is a representative system of classification, which makes it easier to understand the movement of products across the national borders. This classification was essential for the proper statistical data formulation of the trading nations.

The need for this classification was felt long ago when global trade started picking up especially after the formation of the United Nations in which some of the governments of the nations were represented. As the membership steadily grew and covered most of the globe the need for such standards was felt strongly than ever. The statistical commission of the Nations finally created a standard form of classification as the Standard International Trade Classification or in short SITC. Under SITC commodity grouping system each group is assigned a number. The single digit code number representing the broad category. These are called the sections. The double digit representing the sub groups called the divisions of the single digit groups. The three digit numbers are sub groups of the corresponding double-digit sub groups. All the commodities and the products have their specific markets, which are defined as primary commodities markets, industrial goods markets, and consumer goods markets. Volume wise primary goods are traded the maximum, but value wise the consumer goods are traded the maximum


Any item, which has a name, has well defined specifications as well. In fact there cannot be any product, which has no specifications. The advancing technology has given birth to numerous products and the number is increasing day by day. Not only the products but their applications are also diversified constantly. As such the need for their proper classification is a must for proper understanding and study. This is done through standardization, which is based on the chemical composition, physical properties and the end usage. The term “specification” of a product relates to their chemical composition, physical properties and end usage. This identification is done through well-documented standards. The chemical information covers the % contents of the various elements like carbon, iron, manganese, copper etc. The physical properties cover the tensile strength; yield point and the strength of the item. The variation in the chemical composition is used for determining the net properties of the end product. Under each standard there are many sub groups or grades, each referring to different product. Though there are various standards but for given product there are equivalent standards, in business when supplier cannot supply against one specific standard, he asks for its equivalent in other standards for which he is familiar. Though the standards relate to technical studies and usually the engineers are supposed to have thorough knowledge but it is a must for a business man as well especially for the products that he is dealing with.

Dimensions and Tolerances

The dimensions and tolerances are directly related to the performance and economy of operations. These look very elementary but in reality they are the root cause for rejections and/or male functioning of the end product. As a matter of fact most of the rejections at the international level are caused by this factor only. When any product is designed and is ready for production it is given specific dimensions, which may include length, breadth, height, curvatures etc. These are calculated keeping in view the inter-relationship of various components and sub-assemblies, which must work in unison to perform, pre-determined work or the output. If any component or sub-assembly is out of tune than the whole unit fails to work in a specified manner. On the other hand suppose you manufacture the pipe with +2 mm tolerance than your pipe will be okay but consider the situation when your competitor can manufacture the same pipe with +0.5mm tolerance. His price will be competitive as compared with yours because he used lesser material to make the same pipe.


After price and specification, the weight of the contracted goods is perhaps the most important point because it refers to the net goods to be physically transferred to the importer. As such care must be taken to indicate the specific quantity as mentioned in the contract and based on which the total value of the goods have been calculated. The unit of weight used for price calculation must be same with the one mentioned by the importer in his/her inquiry. There are two international systems of weight & measures, the imperial and the metric system. Now a day only the metric system is universally used at the international trade level, but in USA and in some other countries the imperial or some other system is also used. While specifying the measure or weight is specific in what you mention and mean, or what the other party is requesting and what you are offering. The difference between Long ton, Short ton and Metric ton must be clearly understood and used cautiously to avoid any confusion at a later stage.


Quality is the integration and utilization of Facilities and minds for perfection of reproducibility of performance with zero defects and compromises. Quality can also be regarded as performance without fault at affordable price. This is perhaps the most crucial point as far as international business is concerned. Your quality of product and service will decide whether you are in or out of the market. The thumb rule is that quality is what the customer needs. Your responsibility is to understand those needs and translate them into tangible products, which are acceptable to the customer. On the other hand if the customer is satisfied with your quality level than you have to deliver the same to the customer, nothing less and nothing more.


The delivery terms also define the price to be calculated for the contracted goods depending upon how the goods are to be delivered. The supplier needs time to make goods ready for delivery to the importer. This time is calculated either from the date of the receipt of the detailed purchase order or the payment order likes Letter of Credit or both, from the importer. In some cases the importer may insist on calculation of the delivery period from the date of the purchase order, but mentioning in the purchase order that the L/C will be established say 2 months prior to shipment. The advantage with the importer is that his money is not blocked for the duration of the shipment period. The disadvantage with the exporter is that till the time they receive the L/C they have to use their own funds or borrow from the bank and/or the financial institutions for meeting the raw material and other utilities requirements. In some cases there are chances that the exporter has to import certain raw material for meeting the export production commitments. In such cases also he has to depend on the credits from the banking and/or institutions. In all such cases it is up to the exporter to agree or not to agree depending on the business potential and past record of exports to the importer.


The international trade is carried out for earning (and investing) the hard currency, which can be stored and exchanged as per the needs. The international currency, or as a matter of fact any currency can also be treated at par with other commodities like brand names, durability, market position, demand and supply etc. This requires a serious consideration on part of the exporters and importers to understand the term currency in its full identity and use it judiciously for the conduct of their global trade. In order to develop the basic concept and understanding of the currencies it would be better for the students, especially those without any financial educational back ground, to understand the terminology used in foreign exchange sector. Some of the most commonly used terms are discussed here under. The two may be same but not necessarily be the same. The forward rate is influence by the interest rates charged and expected to charge by the banking system. The future rates are influence by the demand and supply situation in the currency market. A hard currency is the one which can be trusted by majority of the international trading communities as dependable and freely exchangeable with minor fluctuations, the country issuing that currency must be financially solid and has depth of financial and commercial transactions world over, the country has political stability, and the country’s financial institutions are free from any restrictive controls.


It may be defined as the value of a commodity or service expressed in terms of money. The survival of the organization depends on this very factor. The price in its generic term does nothing but a value indicator, but when applied to competitive market conditions of demand and supply, it shows up its worth. As an exporter or an importer you have to be very careful about the ultimate price to the final customer for getting a positive result. Therefore whether as an exporter you quote on EXW or DDP terms you have to take into consideration the impact of your price on the market and the final customer or the point of consumption. If the importer asks you for an EXW or FOB price than he has some idea of the various price loading factors up to the point of sale in the target market. An exporter who is concentrating only on the price asked for is just working on the surface of the market, but the exporter who studies the market and then decides on the pricing strategy has better chances of success. This exercise is required irrespective of whether you are working on the consumer goods or the industrial goods though for the consumer goods segment this exercise needs micro level studies as compared to the other segment where macro level studies would be sufficient. In order to understand the price structure we better understand its various units or the single elements, analysis of these elements will help us to decide the pricing strategy (also for the export marketing) for the market and/or the customer specific. And when he asks for the DDP price then he is not confident to competitively control the rest of the price elements. However this is not the rule. There are specific cases when the exporter wants to exercise control over the movement of the goods in the destination market, in that case he opts for DDP terms instead of any other term.

Factors Affecting the Export Pricing Strategy

Pricing is perhaps the most difficult factor for the international business. The starting point in any case is the corporate policy and main objective, once a decision is taken to enter a market than there are various variables, which affect your pricing strategy. What then you quote for a specific market is largely affected not only by your competitors in the market but also by the market situation itself at that particular point of time. Also if your price is subject to certain minimum quantity to be ordered of for specific delivery period than you must mention the same in your price very clearly and boldly. Anything, which is not mentioned directly, would lead to problems sooner or later depending upon which becomes the aggrieved party, the exporter or the importer.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

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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Non-Compete Agreements And The Law

Non-Compete Agreements And The Law

Some employers may require new employees to enter into non-competition agreements before beginning work, and such agreements usually take effect after the employer-employee relationship has ended. Employers may require non-competition agreements for a variety of reasons, including protection of trade secrets or goodwill.

However, courts generally disapprove of non-competition agreements as limitations on a former employee’s right to earn a living. Therefore, when made the subject of a legal dispute, non-competition agreements are closely scrutinized in the court system.

Legal Requirements for Non-Competition Agreements

In order to be considered valid, a non-competition agreement must:
• Be supported by consideration at the time it is signed;
• Protect a legitimate business interest of the employer; and
• Be reasonable in scope, geography, and time.

Non-competition agreements must generally be supported by valid consideration — the employee must receive something of value in exchange for the promise to refrain from competition. If an employee signs a non-competition agreement prior to beginning employment, the employment itself will be sufficient consideration for the promise not to compete. However, if an employee signs a non-competition agreement after beginning employment, the mere promise of continued employment will not be considered valid consideration for the promise. In this case, the employee must receive something else of value in exchange for the promise. Such additional consideration may consist of a promotion or other additional benefit that was not part of the original employment agreement.

Protection of Legitimate Business Interests

The goodwill developed by an employer in terms of customer relations is an asset, so an employer may use a non-competition agreement to prevent a former employee from capitalizing on that goodwill and competing with the original employer. Likewise, an employer may use a non-competition agreement to protect its confidential information. Generally, in order for the information to be entitled to protection, the employer must show that it took reasonable measures to keep the information secret, and that the information gives the employer a competitive advantage.

Reasonableness is a Key to the Agreement

In deciding whether to enforce a non-competition agreement, the court will balance the need to protect the employer’s legitimate business interests with any burden that enforcement of the agreement would place on the employee.

Non-competition agreements must be reasonable in duration and scope. The reasonableness of the duration of the agreement will depend on the specific facts of each case. For instance, if the non-competition agreement is designed to protect confidential information, the duration should be no longer than the time for which the information has value.

The geographical area covered by the agreement must also be reasonable considering the circumstances. This will depend greatly on the services provided by the employee, and the importance of the services to the employer’s business. Generally, courts will not allow a non-competition agreement to prevent an employee from working in a geographical area where the employer does not do business.

If a court finds that a non-competition agreement is overbroad, it may narrow the scope and duration of the agreement and enforce it as modified, or it may refuse to enforce the agreement entirely if it finds that it was clearly intended to prevent legitimate business competition by the former employee.

Non Compete Lawyer Free Consultation

When you need legal help with non-compete Agreements in Utah, please call Ascent Law LLC 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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Business Structure

Business Structure

A Sole Proprietorship is one of the simplest forms of business organizations one can ever have. It is a business formed, managed and controlled by one person who is the owner. The business and the owner are the same thing. When you form this type of business, you are your own consultant, you are the decision maker and all the losses and profits come to you. They include canteens, restaurants, simple shops and boutiques. For this meaning to stand, the business should not have branches in other areas.

Pros of Sole Proprietorship

The owner enjoys all the profits of the business: since it is owned by a single person, he enjoys all the profits that the business accrues.
• Quick Decision Making: When it comes to making decisions about changing the type or quantity of commodities that the business deals in, you do not have to consult anyone.
• Easy to Manage: As a single business owner, it easy to manage your business since there is no bureaucracy that you have to follow when making decisions.
• Flexibility: This applies in terms of changing the commodities that you sell. You can change them anytime you feel like as long as it is a general sole proprietorship with freedom to sell any product.
• Easy to Start: Yes, this business type does not have very long legal procedures to follow before it gets established.
Cons of Sole Proprietorship
• The owner incurs all the losses: In case of losses, the sole proprietor bares all the burden solely.
• Unlimited liability: This means that in case the business runs bankrupt, the assets of the business owner will be sold to clear off the debts.
• The business owner pays personal income taxes on the business net profits.

General Partnerships

A partnership is a type of business entity owned and operated by two or more individuals. The partners contribute money in order to raise the required capital so as to start the business. All of them are responsible for how the business operates and take part in decision-making. At times, the partners might decide to allocate each of them a different role so as to enhance the efficiency and performance of the entity. If you would like to start a general partnership, have a look at the pros and cons.


• Easy to Start: Forming a general partnership usually takes a short time since it does not involve long legal procedures.
• Requires less capital: The amount required to start off a partnership is not equal to the amount you need to start a company. The amount of profits are shared according to the ratio of capital contribution of each partner. The higher the capital you contributed, the more the profits you enjoy.
• Consultation: The good thing with partnerships is that before arriving at a final decision, there is always consultation between the partners. This leads to better decisions that improve the business.
• Quick Decision Making: A partnership owned and operated by two people is easy to make decisions that can enhance the performance of the business. You don’t need to call a meeting to discuss arising issues, just a phone call is enough.


• Unlimited liability: General partnerships means that all the partners have unlimited liability. In case of business debts that the business is unable to pay, the personal assets of the partners are at risk of getting sold in order to clear off the debt.
• Internal Wrangles: Sometimes many partnerships do fail because of internal conflicts or personal interests of a certain partner. The partners have a burden of paying personal income taxes on the net profits of the business.

Limited Liability Partnership (LLP)

A limited type of partnership is whereby all the individuals have limited liability unlike in general partnerships where all partners have unlimited liability. A partnership operates as a limited type only after the partners file an application of registration with the secretary of state. These types of partnerships used to be limited to professional services such as lawyers, accountants or doctors. However, nowadays even common businesses may apply for registration for as long as the partnership has partners that run and operate the business and partners who act as investors. Those running the business have unlimited liability while the investors have limited liability.

Pros of LLP

• A partner is not liable for any wrongful acts of other partners. Each partner carries their own burden and face consequences of wrongdoings individually.
• The formation procedure is not long: When you want to create a limited partnership, it is not tiresome since it only needs approval by the secretary of state.
• Quick Decision Making: A limited partnership has a few partners which makes consultation easier and quicker.
• There is room for consultation: Two heads are better than one that’s what they say. Partners have a room for discussion before making the final decision. This improves the quality of business decisions made. Partners with limited partnership can leave anytime without dissolving the partnership.
• They are more expensive to form than general partnerships.
• Affected by personal interests: Most of the times what leads to dissolving partnerships is disagreements between individual partners.
• Partners with unlimited liability (those in managerial positions) suffer whenever the business is unable to pay off its debts.


This is a business entity owned by a list of shareholders. The shareholders have the mandate to elect a board of directors whose work is to oversee the day to day running of the corporation. When it comes to decision making, it is the responsibility of the directors to make sure that any decision made benefits the corporation and is in support of the corporation’s objectives. Also, the directors have the power to hire and fire employees. The employees of the corporation have the obligation to make sure that the targets of the business are met within certain duration of time. A corporation operates as a separate legal entity from the owners. This means that the owners have limited liability. As a separate legal entity, it means it can buy real estate, sue and even get sued by creditors. An established corp. can raise capital via sale of stock in the stock market. Its ownership can also be transferred from one party to another. It also has perpetual existence meaning that it can continue operating even if the ownership changes. When you want to start a corporation, most probably you will be the major shareholder with authority to appoint directors. The directors will then go ahead to hire employees that will be responsible for the running of the company. A corporation operates under what is termed as corporation by-laws. This is a set of document that provides guidelines on how the corporation should operate. These by-laws can be modified as the company grows. Every year, the corporation should hold an annual meeting to discuss how the entity has performed.

Pros of Corporations

• One of the most attractive things about a corporation is that the owners have limited liability. This means that in case of debts, the assets of the owners are very safe and remains untouched by the creditors.
• There is a possibility to lower taxes especially when the owner and the business share profits.
• At certain times, benefits may be deducted as business expenses.
• The ownership of a corporation is easily transferable. This means that in an event whereby the current shareholders and directors foresee a dark future, they might sell the corporation and hence avoid losing their capital investment.
• It is very expensive compared to setting up simple business setups such as sole proprietorship and partnerships.
• Starting a corporation involves a lot of paperwork. When it comes to legal paperwork, the owner must file it with the secretary of state.
• A corporation operates as a separate legal entity and hence is entitled to pay taxes.
• There is slow decision making in corporations since the directors have to be consulted before any verdict is reached.

S Corporation Information

The difference between an S corp and a c corp is based on the taxation process. When it comes to an s corp, there is only one level of taxation. The income generated by the corporation is distributed among the shareholders for taxation purposes. However, with corps, there is double taxation. The corporate pays corporate tax on its own as a corporate while the dividends generated by the company and passed down to shareholders are also taxed in terms of personal income tax.

Pros of an S Corporation

Before you take a step and register your business as an s corporation, you should beware of both the merits and demerits it comes with. The merits include:
• Single layer of taxation: The shareholders of s corporation escape double taxation since the taxes are only payable at the shareholder’s level and not at the corporate level. While the business’ income continues to be taxable, the shareholders do not carry any extra burden when it comes to tax liability.
• Step up in Basis: Depending on the amount retained each year by the corporation as income, the shareholders receive a step up on the basis on their stock. This reduces tax liability on the shareholders especially when the shares are ever sold.

Cons of an S Corporation

• Cash flow vs. tax liability: Whether the shareholders get their share of dividends or not, they are expected to pay their pro rata share of taxes on the company’s earnings. This means that a corporation needs to have proper management of cash flow to avoid any inconveniences in this area.
• Built-in Gains: When an asset of an s corporation is sold within 10 year period of s corporation election, then the gain based on the value of the conversion date is taxable to the company. This means that for a corporation which is growing, it is advisable to convert sooner than later in order to minimize the amount gains within a 10 year period.

Limited Liability Company (LLC)

This is a hybrid of both a corporation and a partnership. A limited liability company operates as a separate legal entity and hence has exclusive rights to buy and own assets, sue or be sued. It has a pass through taxation feature just like a corporation. This means that the members (shareholders) only suffer from a single taxation just like in a partnership. Unlike a corporation, it has no stock and does involve fewer formalities during the formation process. The owners of an LLC are called members and not shareholders like in a corporation. This has made many people refer to it as a corporation with fewer complications. This type of company operates under a set guideline of rules referred to as ‘operating agreement’. These set of rules can be modified depending on how the business performs over certain time duration. Operating a limited liability company is less complex since it only requires the members to meet once or twice a year to make or implement certain decisions.

Pros of LLC

• Single Taxation. An LLC does not pay taxes at the company level. The taxes charged are ones that are passed through to the members who later pay personal income tax.
• Liability protection for members: The members of an LLC have limited liability meaning that their assets cannot be taken away to cater for business debts.
• They are easier to establish compared to corporations since little paperwork is involved.
Cons of LLC
• They require more capital in order to establish compared to sole proprietorships or partnerships.
• They require more paperwork and legal procedure.
Thus, establishing a business entity structure requires an entrepreneur to consider these things, the amount of capital, the type of liability and how easy it is for them to be formed.

Factors to consider before choosing a business structure

For new businesses that could fall into two or more of these categories, it’s not always easy to decide which structure to choose. You need to consider your start-up’s financial needs, risk and ability to grow. It can be difficult to switch your legal structure after you’ve registered your business, so give it careful analysis in the early stages of forming your business.
• Flexibility: Where is your company headed, and which type of legal structure allows for the growth you envision? Turn to your business plan to review your goals, and see which structure best aligns with those objectives. Your entity should support the possibility for growth and change, not hold it back from its potential.

• Complexity: When it comes to start-up and operational complexity, nothing is more simple than a sole proprietorship. You simply register your name, start doing business, report the profits, and pay taxes on it as personal income. However, it can be difficult to procure outside funding. Partnerships, on the other hand, require a signed agreement to define the roles and percentages of profits. Corporations and LLCs have various reporting requirements with state governments and the federal government.
• Liability: A corporation carries the least amount of personal liability since the law holds that it is its own entity. This means that creditors and customers can sue the corporation, but they cannot gain access to any personal assets of the officers or shareholders. An LLC offers the same protection, but with the tax benefits of a sole proprietorship. Partnerships share the liability between the partners as defined by their partnership agreement.
• Taxes: An owner of an LLC pays taxes just as a sole proprietor does: All profit is considered personal income and taxed accordingly at the end of the year.
“As a small business owner, you want to avoid double taxation in the early stages,” “The LLC structure prevents that and makes sure you’re not taxed as a company but as an individual.” Individuals in a partnership also claim their share of the profits as personal income. Your accountant may suggest quarterly or biannual advance payments to minimize the end effect on your return.

Business Lawyer For Business Structures In Utah

When you need legal help with business structure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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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Do I Need A Contract Lawyer Or Business Attorney?

Do I Need A Contract Lawyer Or Business Attorney?

Lawyers who have prior experience drafting and executing contracts can be hugely beneficial for a company and their bottom line. If the company is regularly dealing with clients or manufacturers, a contract lawyer can help draft standard form contracts and advise the company as to what contracts they should enter into. Because contract law can be incredibly complex, having a contracts lawyer on retainer that has knowledge about express and implied provisions, valid offers and acceptances, and what to do when a party breaches a contract, is worth all of the fees.

Another advantage of hiring a contracts lawyer is that in addition to being knowledgeable about contracts, oftentimes they are also knowledgeable about business in general and can understand the needs of their clients. Contracts often underlie many aspects of everyday business transactions, and having an experienced attorney can help ensure the best interests of the company are protected.

A contract is an agreement between you and one or more people lawfully binding you all to some agreement. Contracts pop up in personal and business transactions, and it’s important to make sure they’re done right. If you need a contract, consider hiring a contract attorney to facilitate the process.

What Does a Contract Attorney Do?

A contract attorney draws up and revises legal documents and contracts.

How Do I Know If I Need a Contract Attorney?

In legal contracts, the wording and format often have to be very specific to be legally binding. Working with a contract attorney will ensure that your documents are legal, admissible in court, and are free of loopholes. If you’re drawing up any sort of legal document, you may want to bring on an attorney to at least review, if not draft, the document. A contract attorney can also give guidance if you believe someone has broken a contract you’ve entered into or if you would like to get out of a contract.
If you need to go to court, you’ll probably need to seek out another attorney who specializes in litigation.

What Type of Attorney Should You Hire?

If a company is looking for a lawyer for business contracts, it is probably worth the time and effort to do a little background research before spending money to have an attorney on retainer. It is becoming more and more common for attorneys to end up specializing in specific issue areas, as opposed to working on all different areas of the law. Thus, it is important that a company hires an attorney who has a certain set of skills related to what the job entails. For instance, a company looking for an attorney to draft contracts should not hire an attorney who focuses on family law.

For business purposes, a company should try to find an attorney who specializes in at least one of the following legal areas:
• Contracts
• Business Administration
• Real Estate
• Taxes
• Intellectual Property

Retaining an attorney who specializes in more than one of these legal topics would be ideal. Oftentimes, a law firm has at least one attorney who focuses on each of the topics listed above. If the company does not wish to hire a law firm, there is still a good chance of finding a solo practitioner who has expertise in one of the above issue areas.

How Much Does a Contract Attorney Cost?

Many contracts attorneys charge by the hour to write, review, or consult on legal contracts. In addition, sometimes attorneys use flat rate services, often for matters that don’t require excessive effort. The rate that you’ll be charged depends on how your lawyer bills, where you live, and what type of matter you’re dealing with. Set a rate with your lawyer up front to avoid any costly surprises.

A contract attorney hourly rate is that rate that a contract attorney charges per hour of work and varies depending on how much experience an attorney has.

A contract attorney hourly rate is that rate that a contract attorney charges per hour of work. This rate varies depending on how much experience an attorney has. New York City used to be the town of the top salaries, but that’s now changed. There are many contractors in New York City that are begging others to not take a job for less than $230 an hour, so they don’t set the rate lower. A new attorney can charge anywhere from $435–445 an hour, while an attorney with more experience can make up to $1,250.00 an hour.

There are different laws in Utah, which means employers have caps on how many hours you can work each day or each week. With many $40 per hour jobs, the limit for working each day is eight hours and in a week is 40 hours per week unless there’s an unusual deadline. Boston and other East Coast cities have $30 an hour as a standard, while Kentucky averages $24 an hour. If you work in Dallas, Texas, you can expect $20 an hour along with free parking.

What Should I Expect from Working with a Contract Attorney?

When your document is finished, you should expect that it is legally binding and will hold up in any court of law. Your contract attorney should make sure that you understand all of the terms you’re agreeing to and that you’re comfortable with the entire contract. If there are any issues with a document, your lawyer should clear them up so the agreement works for you. With the use of an attorney, you can feel confident in your contract or agreement.

When to Hire a Lawyer for a Business Contract

One of the first steps to take after registering your business is putting a lawyer on retainer. You might enter into agreements and contracts throughout the course of your business that include unexpected obligations. Contract breaches, either on your part or on the other person’s part, can cause serious problems or even bankruptcy. The following situations describe when to hire a lawyer.

When You Absolutely Must Hire a Lawyer

You don’t always have to hire a business contract lawyer. However, before signing a business contract, always have a lawyer look it over and confirm that you’re getting what you expected. This doesn’t mean that the lawyer has to be there when the contract is signed, but at some point, before that, he or she must go over all of the clauses. Stock contracts can even create problems if you don’t get them adapted to your state and local laws. This is because boilerplate language—the basic language included in a stock contract—is quite easy to break in certain states. So, you need to make sure that the agreement protects your interests specifically and not just a general consumer’s.

When You Probably Should Hire a Lawyer

Whenever possible, hire a business contract lawyer to help you negotiate the key terms of the contract. Lawyers often make excellent negotiators, and a good one can help you get a better deal. She or he can also help you consider alternatives. A finalized contract is less likely to allow additional creative solutions or proposals; most of the time, the lawyer will just go over the terms and clauses that are already present. However, if he or she actively participates in drafting and negotiating the contract, you’re more likely to get one that meets your needs and advances your goals.

How Can a Business Contract Lawyer Assist Me?

Executing and enforcing contracts are a normal part of many businesses’ day-to-day operations, and contracts come in many different forms. For instance, as a business owner, business contracts often cover many facets of daily operations ranging from equipment leases to employment and sales agreements.

The most common types of business contracts include:
• General Business Contracts: Common general business contracts include indemnity agreements, partnership agreements, property and equipment leases, and non-disclosure agreements. All of these contracts cover how a business is generally structured and how the business protects its stakeholders;
• Employment-Related Contracts: Employment contracts are utilized by businesses in order to outline the relationship between an employee and the business. Employment-related contracts outline the duration, benefits, compensation, grounds for termination, as well as specific issues including non-compete agreements and who owns work product that is produced while on the clock; and
• Sales-Related Contracts: Sales contracts (also known as sales agreements) cover how goods and services are purchased and sold, and let both parties know what to expect during the sale of those goods and services. Sales agreements serve to minimize the chances of disputes over the sales of goods and services later on by laying out the legal framework for transferring titles.
It is important to note that failing to properly execute any of the aforementioned business contracts may result in exposure to a variety of legal or financial liabilities. Thus, a properly drafted and negotiated contract is paramount to operating a successful business, as well as minimizing your exposure to lawsuits.
A business contract lawyer can provide invaluable assistance in guiding your business through complex legal agreements by helping you review, negotiate, or even draft legal agreements. This is especially true given the amount of formal and technical language that is often utilized in business contracts.

What are Some Common Elements of Business Contracts?

Although the specifics of business contracts differ, most share similar common elements. Most business contracts will include representations, real covenants, and conditions.

Representations often include a listing of the parties involved in the transaction, the date of the transaction, and the item or service involved in the transaction. The purpose of a contract’s representation is to state clearly the will of the parties, and to clarify the transaction to be made.
Covenants are promises or agreements made by a party to the contract. Examples of covenants include: allowing the other party to investigate their credit or assets, paying taxes on the property, indemnification against third-party lawsuits, covenants not to compete, covenants not to sabotage the business, or even a promise to apply for any necessary permits. Most commonly, the majority of covenants tend to fall on the seller because the seller usually seeks money from the buyer.

A condition is something within a contract that must be true or must occur in order for a deal to close. Common conditions that must occur in contract’s include: proof that the buyer can pay (usually involving a credit check); or a guarantee that every representation made by the seller will still be true at the closing date.

Conflicts in contracts typically arise from the conditions in the contract; however, the issue is whether a small mistake is enough to allow the party to walk away from the deal or seek damages.

What are Common Specializations of Business Contract Lawyers?

Although there are general business contract lawyers that are knowledgeable in a variety of different areas of business law, many business contract lawyers choose to specialize in a certain field of business law.
Some common types of business contract lawyers and fields of specialization include:
• Sales Agreement/Contract Review Lawyers: Sales agreement lawyers are often recruited to analyze a sales agreement and confirm that you are getting what you expect to receive from a contract; or
Further, they are able to guide you through the technical language of a contract and help you understand all of the different clauses contained in the contract to ensure you are aware of all the conditions.
• Licensing/Intellectual Property Contract Lawyers: Sometimes business contracts involve the purchase of intellectual property. Intellectual property is a work or invention that is the result of human intellect, and can include industrial property rights and copyright.
Often contracts involving the purchase of intellectual property involve licensing the property. A license allows the creator (referred to as the “licensor” in the contract) of the intellectual property to charge for the use of their invention by charging the person they license it to (referred to as the “licensee” in the contract) for the use of the invention or work.
There are many more specializations that fall under the umbrella of business contract lawyers including: tax contract lawyers, affiliate agreement lawyers, employment contract lawyers, independent contract lawyers, or subscription agreement lawyers.

Should I Hire a Business Contract Lawyer?

As can be seen, there are a variety of different legal issues involved in the execution and enforcement of a business contract. Further, the language involved in business contracts is often very technical and contains a large amount of dense boilerplate language and that can affect each parties’ responsibilities in the contract.

Thus, it is in your best interest to consult with a well-qualified and knowledgeable contract attorney to review any contract issue that you are facing. A licensed and experienced business contract attorney can draft, review, and help you to understand the technical aspects of executing business contracts.

Business Contract Attorney Free Consultation

When you need legal help with a business contract in Utah, please call Ascent Law LLC 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
Ascent Law LLC
4.9 stars – based on 67 reviews

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How To Avoid Problems With Employment References

How To Avoid Problems With Employment References

Providing references for former employees is easy if you parted on good terms. If you had to fire an employee, however, it can be a difficult decision about how honest you should be with the former employee’s potential new employer. If you tell that potential employer anything about the former employee that you can’t verify as factually accurate, you may be facing a lawsuit.

Defamation Lawsuits

To prove a defamation case, a former employee must show that you intentionally damaged his or her reputation by making harmful statements that you knew weren’t true. Pretty much any negative comment you make can qualify as a harmful statement that intentionally damaged the employee’s reputation. If you had to fire someone, the reasons behind it almost assuredly damage the employee’s reputation and by communicating those reasons to a new employer, it becomes intentional.

Defamation isn’t just limited to factually untrue statements about a former employee. If you tell the potential employer things that you suspect or strongly think are true, but can’t actually prove, then that may qualify as a statement that you “didn’t know was true”. Keep unflattering comments to yourself, and really just stick to the verifiable facts.

What to Do When Firing an Employee

First, when you fire an employee, tell them up front that you won’t be able to provide positive references. This alone can avoid a bad situation, since only a really daft employee would request references from you after being told that you would give him or her negative references. If it comes down to a lawsuit later on, it will be helpful to show that you in fact told the employee that you would not give them a positive reference, so make sure you tell the employee in writing and keep a copy.

Second, tell other employees that you simply had to “let the employee go” and don’t go into any detail. If you need to make a statement, make it brief, neutral in tone and let the existing employees know who will be taking over the former employee’s duties.

Finally, consider having the employee sign a release to protect yourself against lawsuits. Include a clause where the employee grants you permission to provide information to prospective employers and promises not to sue you for providing such information.

What to Say to Potential Employers

If a potential employer calls asking for a reference, do your best to stick to the facts and avoid making unflattering comments that make come back to haunt you. Here are some simple guidelines to remember:

• Be Brief : the best tactic when giving a reference for a former employee that may be questionable is to simply keep it short. Give out their dates of employment, job title, final salary and leave it at that.
• Be Factual : don’t speculate or hint at any potential wrong doing that you may honestly believe happened but can’t prove.

• Don’t Be Unnecessarily Negative : don’t start ranting or inflating any misconduct, just offer the information you can in good faith. Providing the information in good faith is a shield to a defamation lawsuit in many states.

• Don’t Cover-up : while you shouldn’t start speculating and bad mouthing the prior employee, at the same time you shouldn’t cover-up for him or her. If you outright lie and cover-up for a former employee, you can actually get sued by the new employer for failing to warn you about serious employee misconduct.

Utah Business Lawyer Free Consultation

When you need legal help for your business, please call Ascent Law LLC 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

Ascent Law LLC

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Wages and Benefits Law

Wages and Benefits Law

Wages and benefits make up an employee’s compensation package – the key is to find a balance that is both attractive to top talent and sustainable for your business. As an employer lawyer, we see this over and over again. Benefits may include health insurance coverage, retirement plans, or other perks sometimes offered along with salary.

Federal and State Wage Laws

Both the federal government and state governments have laws that are meant to ensure that workers are paid fairly. Probably the two biggest laws relating to wages are laws that set a minimum wage for workers and laws that govern overtime pay. There is a federal minimum wage, and each state is entitled to set its own minimum wage, as long as it’s not lower than the federal minimum. The minimum wage can vary depending on the age of the worker and the category of work. For example, if waiters receive a certain amount of tips per month, they may be paid less than the minimum wage.

The specifics of overtime pay will depend on the laws of each state, but generally, overtime pay is required for workers who work over 40 hours in a week, or more than 8 hours in a day. Not all types of employees are entitled to overtime pay, so it’s important to check the laws of your state to figure out which workers should be paid overtime. In addition to the minimum wage and overtime pay, employers must also comply with meal and rest period laws. Failure to comply with any of these laws can be quite expensive for employers.

Garnishment of Wages

In some instances, a court order may require an employer to withhold a portion of an employee’s wages. This is known as wage garnishment and it occurs when a person is delinquent on a debt – very often with child support – and the creditor obtains a court order to have that debt paid. As an employer, it’s important to know that there are limits to how much money can be withheld per pay period. Generally, the court order will indicate how much to withhold and where to send the withheld amount. Employers should also be aware that they are not allowed to terminate a person’s employment because of one wage garnishment order. But, if the employee has more than one order for wage garnishment, the employer is entitled to terminate his or her employment.

Employee Benefits

Employee benefits can be a way to attract employees to your company. There are certain benefits that are required by law and others that are optional. Two benefits required by federal law are Social Security and workers’ compensation. There may be other benefits that are required by your state or even county or city, so it’s important to check local laws as well. Employers that meet certain criteria are also required to comply with the Family Medical Leave Act and provide health insurance. Non-mandatory benefits include life insurance policies, paid time off, and retirement plans. If you’re not required by federal law to provide health insurance, this can also be provided as an optional employee benefit. Employee benefits can help boost employee morale and performance, and can also allow you to pay less in wages.

Free Initial Consultation with a Utah Lawyer for Employers

We represented businesses, companies and employers in Utah. When you need legal help, 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

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An Employee is Hurt During a Workplace Emergency – Can the Employer be Held Liable?

Whenever a crisis arises in the workplace, there is often concern regarding who is liable — whether it’s the government, a healthcare provider or the company itself. Liability during emergency situations is a tricky matter, and many businesses could be held accountable for employee injuries if they respond in the wrong way or fail to respond at all.

An Employee is Hurt During a Workplace Emergency - Can the Employer be Held Liable

Emergency situation liabilities can stem from a wrongful death case to a slip and fall case that may involve a lawyer. This can put a lot of pressure on both employers and government officials from West Jordan, Utah to the rest of the state.

Potential Areas of Liability

Emergency first responders can potentially be held liable under matters of civil and criminal liability. They may be protected by different liabilities and waivers, but there’s still room for egregious conduct when responding to an emergency situation. For instance, an unfortunate slip and fall could arise during an emergency — and first responders could potentially be held liable on grounds of negligence.

Civil Liability

Civil liability is most likely where liability issues are going to arise. Civil liabilities include negligence, intentional harm, privacy violations, discrimination or misrepresentation. Even though one particular employee may have been responsible for an injury, the employee’s company would be held liable, as an employee acts as a representative of his or her company. However, an intentional tort can place blame upon an individual, if intent to harm can be successfully proven.

So if an employee were to intentionally trip someone, resulting in a slip and fall injury, then the employee could be held liable. If an accident were unintentional, then a company would have to hire a good lawyer out of West Jordan in order to ensure a smooth court case.

Defense in Intentional Torts

If you and your lawyer find yourself involved in an intentional tort case, there are two general arguments that you can make: you can either argue consent or necessity. In the argument of consent, such as in the case of a drug injury, one can argue that the patient was informed beforehand of what drug was going to be administered. This argument can also be used if medicine was administered while the person was unconscious.

Another argument that can be used is necessity. This could be used in a case in which someone intentionally causes a person to slip and fall in order to protect the person from further harm. These are a couple of routes that your West Jordan-area lawyer may take if you are involved in an intentional tort lawsuit.


In an emergency situation, employers should do everything within their power to assist employees in danger — if not, they could be held liable for an injury due to their negligence. This could be a tough case for your lawyer to argue, especially if you had to opportunity to provide assistance but failed to take action. Your West Jordan-based company could be found liable for an injury due to negligence if you weren’t properly prepared, or breached some kind of employee confidentially.

If you find yourself in court in West Jordan Utah due to a slip and fall case during an emergency situation, use this knowledge and be prepared.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Why You Want a Lawyer in Negotiations

why you want a lawyer in negotiations

Thеrе аrе definite аdvаntаgеѕ of tаking legal help whiсh nоnе оf uѕ саn dеnу. We can wоrk оut аnd lооk аt thе lеgаl intriсасiеѕ of a problem in dеtаil if you hаvе a реrѕоn frоm the lеgаl frаtеrnitу аrоund you. Wе all knоw thаt in case оf dеbt relief it iѕ initially nеgоtiаtеd bеtwееn the debtor аnd the сrеditоr with a rеliеf соmраnу whiсh mеdiаtеѕ thе entire process. Thоugh thе entire рrосеѕѕ iѕ gоvеrnеd аn controlled bу thе rеliеf соmраnу hоwеvеr thе lawyer helps thе соmраnу tо undеrѕtаnd thе legal реrѕресtivе in whiсh the customer might get ѕtuсk whiсh iѕ something thе rеliеf соmраnу might nоt be аblе to lау fосuѕ on as thеу аrе not from thе lеgаl bасkgrоund.

Thеrе аrе many a саѕеѕ whеrе midway thе entire process оf dеbt relief fails. Undеr ѕuсh circumstances thе сuѕtоmеr might nоt bе in a соnditiоn tо seek help аѕ the рrосеѕѕ iѕ соmрlеtеlу оut оf hiѕ соntrоl. Many people undеr ѕuсh cases are fоrсеd tо get thеir wаgеѕ gаrniѕhеd оr a liеn iѕ attached to thе lоаn tаkеn оr their сrеdit rаting iѕ completely ruined. If thе customer takes lеgаl help right frоm the beginning thе сuѕtоmеr саnnоt bе ѕurе thаt еvеrуthing will mоvе еxасtlу in hiѕ favor hоwеvеr thеrе аrе сhаnсеѕ thаt thе dесiѕiоn will be lеgаllу рuѕhеd in a manner whiсh will bе in fаvоr оf thе dеbtоr. Nоt only thаt hе will bе in a соnditiоn whеrе аll the above negative consequences саn be аvоidеd.

Mоѕt реорlе think nоthing of hiring a real estate аgеnt whеn they put their hоuѕе оn thе market, but many bаlk at hiring a real estate lawyer. Thе rеаlitу iѕ thоugh, hiring a ѕресiаlizеd lаwуеr iѕ vеrу ѕеnѕiblе аѕ they will рrоvidе you with security thаt an аgеnt саn’t.

Thе riѕk of nоt hiring аn experienced Rеаl Eѕtаtе Attоrnеу саn соѕt a buyer/seller thоuѕаndѕ if not tens оf thоuѕаndѕ оf dоllаrѕ. Sinсе thе purchase оr ѕаlе оf уоur hоmе mау wеll bе your mоѕt ѕignifiсаnt finаnсiаl transaction, уоu ѕhоuld nоt be реnnу wiѕе, pound fооliѕh.

Mоѕt people dоn’t realize hоw соmрliсаtеd buуing and ѕеlling a house rеаllу is. Thе рrосеdurе invоlvеѕ reading аnd drаfting complicated legal documents (i.e. lоng, ѕmаll рrint sales contracts) аnd rеԛuirеѕ a fаmiliаritу with thе ѕtаndаrd рrасtiсе in rеаl еѕtаtе trаnѕасtiоnѕ. In аdditiоn, each ѕtер frоm nеgоtiаting tеrmѕ tо drafting to closing entails a ѕignifiсаnt amount of рареrwоrk.

Negotiations Can Be a Cоmрlеx Prосеѕѕ

It doesn’t matter what type of negotiations you are starting, you’ll want to have a Negotiation Lawyer on your side.

Mоѕt реорlе will ѕеll or рurсhаѕе a hоmе оnlу a fеw timеѕ in their lifеtimе, but a Real Eѕtаtе Attоrnеу will close a sale or рurсhаѕе оf a home a соuрlе оf timеѕ a wееk. Pluѕ, nо twо rеаl estate transactions аrе the same. In fасt, with еасh transaction уоu are likely tо еnсоuntеr diffеrеnt circumstances, obstacles and risks.

For starters, thеу will be аblе tо еnѕurе your rightѕ аѕ a vеndоr. Alѕо, thе саn lооk оvеr all the various bits оf paperwork and еxрlаin it аll tо you ѕо уоu dоn’t mаkе any miѕtаkеѕ.

They will also be able tо identify аnу рrоblеmѕ with thе hоuѕе’ѕ titlе аnd will bе vеrу uѕеful оf there are liеnѕ on thе property. Thе thing iѕ thаt it iѕ ѕо much еаѕiеr аnd сhеареr tо discover these thingѕ аt thе start. Lawyers аrе also еxtrеmеlу helpful whеn it comes tо nеgоtiаtiоnѕ over thе terms оf thе рurсhаѕе аgrееmеnt. If уоu hаvе a lаwуеr оn уоur side during thеѕе nеgоtiаtiоnѕ then it iѕ likely that thе аgrееmеnt will be fаvоrаblе to you rаthеr than tо thе vendor, whiсh уоu dеfinitеlу want.

Anоthеr аrеа where lawyers are useful iѕ during the оffеring реriоd, where thеrе саn bе аnу numbеr of оffеrѕ аnd counter оffеrѕ mаdе. Oftеn thеrе аrе tаx iѕѕuеѕ during thiѕ period, and thеу will bе able tо explain аnd clarify all of thеѕе fоr уоu. They will аlѕо ensure thаt еvеrуthing iѕ OK when it iѕ time tо finalize the ѕаlе. Thеn thеу will еnѕurе thаt all thе security dероѕitѕ are hаndlеd соrrесtlу аnd that уоu hаvе gоt the right insurance роliсу.

It iѕ ѕtаndаrd to have уоur lawyer рrеѕеnt whеn the sale is closed ѕо thеу саn еnѕurе that it all goes to рlаn. It iѕ uѕеful hаving them there аѕ thiѕ will givе уоu a ѕеnѕе оf ѕесuritу that thеrе are nо lаѕt minute рrоblеmѕ. Obviоuѕlу, a lawyer will cost more thаn dоing without оnе, thоugh fоr mаnу people thiѕ еxреnѕе iѕ just a nесеѕѕаrу соѕt. In thе lоng-tеrm, if ѕоmеthing gоеѕ wrong, it will соѕt уоu fаr more thаn lawyer’s fееѕ еvеr wоuld.

Free Consultation with a Utah Lawyer for Negotiations

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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

Ascent Law LLC

4.7 stars – based on 45 reviews

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As a buѕinеѕѕ lawyer in Salt Lake City, I tаkе care оf vаriоuѕ aspects оf a buѕinеѕѕ organization. Agreements (or contracts) аnd other business dосumеntаtiоn likе receipts, quotations, bаnk fоrmѕ, ѕесuritу, lоаnѕ, income tаx, ѕhаrеhоldеr’ѕ dосumеntѕ, agreements with раrtiеѕ аnd finаnсiаl ѕtаtеmеntѕ, etc. аrе kept undеr thе ѕuреrviѕiоn оf thеѕе lаwуеrѕ. Hоwеvеr, thе major рrоblеm that a buѕinеѕѕ might face is from agreements likе соntrасtѕ, аgеnсу, employment jоint vеnturе, etc. .

As business and commercial lawyers, we саn help уоu out in thеѕе mаttеrѕ with thеir legal аdviсе in thе event оf entering into a fоrmаl agreement. The agreements should bе fillеd up under the рurviеw оf an еxреrt business lаwуеr and it should сlеаrlу ѕtаtе thе party’s intention and ѕhоuld bе enforceable аnd еxесutеd рrореrlу.

In cases whеrе a раrtу ѕеndѕ уоu an agreement, as Utah business lawyers, we will lооk intо the mаttеr bеfоrе drafting the dосumеnt, bесаuѕе if it iѕ nоt рrореrlу reviewed and analzyed, it саn hаvе nеgаtivе impacts оn the business аnd can еvеn end up being brought to соurt. Apart from these, the Cоrроrаtiоn Aсt states thаt the dаtе of inсоrроrаtiоn and lаѕt 5 years finаnсiаl ѕtаtеmеnt must bе kерt properly in оrdеr tо аvоid any unfruitful inсidеnt to take рlасе in thе futurе.

Whеn уоu do buѕinеѕѕ уоu dо not earn mоnеу whereas уоu generate money. Yоu аrе rеѕроnѕiblе for thе еаrningѕ of mаnу реорlе in a wау уоu provide fоr thе brеаd and butter of many hоuѕеѕ. Whеn уоu tаkе rеѕроnѕibilitу for so mаnу реорlе уоu nееd tо be linеаr with respect to rules аnd regulations. In fасt уоu nееd to bе adept at ѕо many thingѕ оnlу thеn can you sail ѕmооthlу.

Yоu need tо be a jugglеr whо саn jugglе twо оr thrее ѕkillѕ аt a timе. Yоu need tо knоw thе tаx, law, sales, mаrkеting, purchasing, invеntоrу etc. For all thiѕ you nееd tо knоw thе lаw. Yоu nееd to be bоund to law аnd bе adept at it. Business lawyer if уоu appoint thеn hе саn еаѕе much оf your lоаd аnd givе уоu some rеliеf. Business lawyer iѕ a vеrу brоаd tеrm thоugh.

Legal is the bасk bone оf any business. Yоu nееd tо tаkе саrе of mаnу aspects аѕ a lеgаl advisor. Let uѕ ѕее ѕоmе оf thеm in short

1) Property асԛuiѕitiоn–firѕt and fоrеmоѕt thе business property whether bоught оr rеntеd muѕt bе legally viаblе. Thе аррrорriаtе documents are made bу the buѕinеѕѕ lаwуеr.

2) Lеgаl dосumеntаtiоn-thе buѕinеѕѕ сеrtifiсаtiоn required for itѕ running iѕ bone bу thе buѕinеѕѕ lаwуеrѕ.

3) Pаtеnts or IP-if you require taking a раtеnt fоr уоur рrоduсt thеn business lаwуеr аdviсеѕ уоu thе legal рrосееdingѕ.

4) Intеrnаtiоnаl standardization -lаwуеrѕ help you in getting the ѕtаndаrdizаtiоn сеrtifiсаtеѕ.

5) Cоntrасtѕ-jоb соnditiоnѕ аnd соntrасtѕ bеtwееn thе еmрlоуеrѕ аnd еmрlоуееѕ are dоnе by buѕinеѕѕ lawyers. Brеасh of соntrасt iѕ dеаlt with bу thеm.

6) Partnership dеаlѕ-аgаin сhаlkеd оut bу thе lawyers. Thе сlаuѕеѕ оf раrtnеrѕhiр сhаlkеd оut bу them.

7) HR Law (humаn rеѕоurсеs or labor law)-rulеѕ and regulations bеtwееn thе employees. Rulеѕ fоr internal ѕmооth working. Conditions if there iѕ a brеасh in undеrѕtаnding.

8) Bаnkruрtсу laws-you should be awared of thses just in case.  We put provisions into contracts to protect you.

9) Internet law—this is still new lаw that iѕ gaining imроrtаnсе. Thiѕ еnѕurеѕ thе ѕесuritу аnd privacy орtiоnѕ of websites. We also dеаl with the ethical аnd unеthiсаl hacking.

10) Durеѕѕ – dеаlѕ with аnу асt оf injuѕtiсе оr соmрulѕiоnѕ from both ѕidеѕ еmрlоуее аnd employer.

11) Cоrроrаtе lаw – сlаuѕеѕ of соrроrаtе working and thеir rеԛuirеmеntѕ аnd fulfillmеnt аrе taken care of (this includes partnerships, joint ventures, and LLCs)

12) Liеns -ѕесuritу оffеrеd bу company in еxсhаngе for some ѕеrviсеѕ оr utilities аnd the terms and соnditiоnѕ of it.

13) Rеtirеmеnt laws-benefits a реrѕоn gets on rеtirеmеnt, age, planning for rеtirеmеnt are all taken саrе оf.

It is not easy running a buѕinеѕѕ. However ѕmаll the business is – it iѕ аlwауѕ important to take care of your own.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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

Ascent Law LLC

4.7 stars – based on 45 reviews

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