Category Archives: Utah Case Law

The Essential Guide To Choosing The Right Business Lawyer For Your Company

When it comes to running a successful business, having the right legal support is crucial. From navigating complex regulations to protecting your intellectual property, a business lawyer can provide the expertise and guidance you need to thrive. But with so many options out there, how do you find the right one for your company? In this essential guide, we’ll explore the key factors to consider when choosing a business lawyer, ensuring that you make an informed decision that sets your business up for long-term success. So whether you’re a startup entrepreneur or an established business owner, read on to discover how to find the perfect legal partner for your company.

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Why You Need a Business Lawyer

Running a business can be both exciting and challenging, but one aspect that is often overlooked is the need for a business lawyer. Having legal representation is crucial to protecting your company and ensuring its success in the long run. In this article, we will discuss the importance of legal representation, how a business lawyer can protect your company, and the common legal issues faced by businesses.

Understanding the Importance of Legal Representation

As a business owner, you face various legal complexities on a daily basis. From drafting contracts to handling employee disputes, having a business lawyer by your side can provide invaluable guidance and expertise. A business lawyer is trained to navigate the intricate legal landscape and can help you avoid costly mistakes that could jeopardize the future of your company.

How a Business Lawyer Can Protect Your Company

A competent business lawyer can provide comprehensive legal protection for your company. They can assist with drafting and reviewing contracts, ensuring compliance with local and federal regulations, and representing your company in legal disputes. By having a skilled professional on your side, you can minimize risks, resolve issues efficiently, and protect your company’s interests.

Common Legal Issues Faced by Businesses

Businesses encounter a wide range of legal issues throughout their existence. Some of the most common legal concerns include:

  1. Contract Disputes: Business contracts are the backbone of any company, but disagreements can arise. A business lawyer can review contracts, negotiate terms, and handle any disputes that may arise.
  2. Employment Issues: From hiring to firing, employment matters can be legally complex. A business lawyer can ensure compliance with employment laws, draft employee contracts, and handle disputes such as wrongful termination or discrimination claims.
  3. Intellectual Property: protecting your company‘s intellectual property, such as trademarks, copyrights, and patents, is crucial for maintaining a competitive edge. A business lawyer can assist with registering and enforcing intellectual property rights, as well as handling infringement issues.
  4. Business Structure: Determining the right legal structure for your business, whether it’s a sole proprietorship, partnership, or corporation, is essential. A business lawyer can guide you through the process, ensuring compliance with state and federal laws.
  5. Tax Matters: Ensuring compliance with tax laws and regulations is important to avoid penalties and legal issues. A business lawyer can provide guidance on tax planning, filing requirements, and handle any tax disputes that may arise.

By having a business lawyer who specializes in these areas, you can navigate these legal challenges with confidence and peace of mind.

Factors to Consider When Choosing a Business Lawyer

Choosing the right business lawyer is a critical decision that can significantly impact the future of your company. Here are some essential factors to consider when selecting a business lawyer:

Experience and Expertise

Look for a lawyer with extensive experience in business law. They should be well-versed in the specific legal issues your company may face and have a track record of success in handling similar cases.

Specialization in Business Law

While general practice lawyers can handle business matters, it’s beneficial to seek out a lawyer who specializes in business law. Their in-depth understanding of the field will ensure they are up to date with the latest legal developments and can provide the best advice for your company.

Reputation and Track Record

Research the lawyer’s reputation and ask for references from previous clients. A lawyer with a positive track record and satisfied clients is more likely to deliver exceptional legal services.

Availability and Responsiveness

Communication is key when working with a lawyer. Ensure the lawyer you choose is readily available to address your concerns and responds promptly to your communications.

Communication Skills

A business lawyer should be able to explain complex legal concepts in a way that is easy for you to understand. Effective communication is essential for a successful attorney-client relationship.

Cost and Billing Structure

Discuss the lawyer’s fee structure upfront to avoid any surprises. Some lawyers bill hourly, while others offer flat-rate or contingency fees. Choose an arrangement that aligns with your budget and needs.

Compatibility and Trust

Building a strong working relationship requires trust and compatibility. Choose a lawyer with whom you feel comfortable discussing sensitive business matters.

Size of the Law Firm

Consider whether you prefer a small boutique law firm or a larger firm with more resources. Each has its own advantages, so choose the one that best suits your preferences and needs.

Location and Local Knowledge

Depending on the nature of your business, it may be beneficial to have a lawyer who is familiar with local laws and regulations. On the other hand, if your business operates nationally or internationally, location may be less important.

References and Client Testimonials

Don’t hesitate to ask for references or read client testimonials. Hearing from others who have worked with the lawyer can provide valuable insights into their competence and professionalism.

See the The Essential Guide To Choosing The Right Business Lawyer For Your Company in detail.

Identifying Your Legal Needs

Before you start searching for a business lawyer, it’s important to identify your company’s legal needs. This will help you narrow down your search and find a lawyer who specializes in the specific areas of law that are relevant to your business. Here are some steps to help you assess your legal requirements:

Assessing Your Company’s Legal Requirements

Take stock of your current legal situation. Consider any ongoing legal issues, potential risks, and areas where you may need legal advice or representation.

Determining the Scope of Legal Services Needed

Think about the specific legal services you require. Do you need assistance with contract drafting and review, employment issues, intellectual property protection, or any other specific areas? Having clarity on your needs will make it easier to find a lawyer who can provide the necessary expertise.

Forecasting Future Legal Challenges

Anticipate potential legal issues your company may face in the future. For example, if you plan to expand internationally, you may need a lawyer who is familiar with international business laws. Thinking ahead will help you find a lawyer who can handle both your immediate and future legal needs.

Identifying Industry-Specific Legal Concerns

Different industries have unique legal considerations. Identify any industry-specific regulations or concerns that may require specialized legal knowledge. A lawyer with experience in your industry can provide tailored advice and representation.

Researching Potential Lawyers

Once you have a clear understanding of your legal needs, it’s time to start researching potential lawyers. Here are some methods to help you find reputable candidates:

Seeking Recommendations

Ask for recommendations from other business owners or professionals in your industry. Their firsthand experiences can provide valuable insights and help you create a shortlist of potential lawyers.

Utilizing Online Resources

Use online directories, such as state bar association websites or legal directories, to find lawyers specializing in business law. These platforms often provide information about the lawyer’s practice areas, experience, and contact details.

Reviewing Law Firm Websites

Visit the websites of law firms that specialize in business law. Look for information about the lawyers’ backgrounds, areas of expertise, and client testimonials. A well-designed and informative website can indicate a lawyer’s professionalism and attention to detail.

Checking Online Reviews and Ratings

Read online reviews and ratings of lawyers you are considering. Keep in mind that reviews should be taken with a grain of salt, but they can provide additional insights into a lawyer’s reputation and track record.

Examining Professional Associations and Certifications

Research professional associations and certifications relevant to business lawyers. Membership in reputable organizations and certifications can demonstrate a lawyer’s commitment to their professional development and expertise.

Conducting Initial Consultations

After narrowing down your list of potential lawyers, it’s time to schedule initial consultations. These consultations provide an opportunity to meet the lawyer, assess their suitability for your needs, and ask important questions. Here are some tips for conducting successful initial consultations:

Preparing for the Consultation

Before the consultation, prepare a list of questions and gather any relevant documents or information that the lawyer may need. This will ensure that your consultation is productive and allows you to address all your concerns.

Asking the Right Questions

Ask questions that will help you assess the lawyer’s qualifications and capabilities. Some important questions to consider include:

  • How many years of experience do you have in business law?
  • Have you worked with clients in our industry?
  • What is your approach to problem-solving?
  • How would you handle a legal issue specific to our business?
  • Can you provide references from past clients?

Assessing Communication and Rapport

During the consultation, pay attention to the lawyer’s communication style and how well they listen to your concerns. A good lawyer should be empathetic, responsive, and able to explain complex legal concepts in a way that you can understand.

Discussing Fees and Billing

Use the consultation as an opportunity to discuss the lawyer’s fee structure, billing practices, and any anticipated costs. Understanding the financial aspects upfront will help you make an informed decision.

Understanding the Lawyer’s Approach to Problem-Solving

Ask about the lawyer’s problem-solving approach and strategies for resolving legal issues. Their approach should align with your company’s values and goals.

Evaluating the Lawyer’s Personality and Working Style

Consider whether you feel comfortable working with the lawyer. Building a strong attorney-client relationship requires mutual trust and compatibility. Trusting your instincts is an important factor in making the right choice.

Reviewing the Lawyer’s Engagement Agreement

Once you have conducted initial consultations and narrowed down your options, it’s time to review the lawyer’s engagement agreement. This agreement outlines the terms and conditions of the lawyer-client relationship and ensures that both parties are on the same page. Here are some key elements to consider when reviewing the agreement:

Understanding the Terms and Conditions

Carefully read and understand the terms and conditions of the engagement agreement. Pay attention to the lawyer’s obligations, your responsibilities as a client, and any limitations or exclusions outlined in the agreement.

Verifying the Scope of Services

Ensure that the engagement agreement clearly states the scope of legal services the lawyer will provide. It should outline the specific tasks and responsibilities the lawyer will undertake on behalf of your company.

Discussing Fees and Billing in Detail

Review the fee structure and billing terms outlined in the engagement agreement. Make sure you understand how fees will be calculated, when and how you will be billed, and any additional costs you may incur.

Addressing Confidentiality and Conflict of Interest

Ensure that the engagement agreement includes provisions for confidentiality and conflict of interest. This will protect your company’s sensitive information and ensure that the lawyer does not have any conflicts that could compromise their representation.

Clarifying Communication and Availability

The engagement agreement should specify how and when the lawyer will communicate with you. It should also include information about their availability and response times to ensure that your needs are met in a timely manner.

Reviewing Termination and Dispute Resolution Procedures

Read the termination and dispute resolution provisions carefully. Make sure you understand the process for terminating the lawyer’s services if needed, as well as the procedures for resolving any disputes that may arise.

Assessing the Final Candidates

After reviewing the engagement agreements, it’s time to assess the final candidates on your shortlist. Here are some considerations to help you make a decision:

Comparing the Strengths and Weaknesses of Each Lawyer

Evaluate the strengths and weaknesses of each lawyer based on their experience, expertise, reputation, and compatibility with your needs. Compare their qualifications and track records to determine which candidate stands out.

Weighing the Pros and Cons of Different Options

Consider the pros and cons of each candidate. Assess their strengths and weaknesses in relation to your specific legal needs and long-term goals for your company.

Considering Cost, Expertise, and Compatibility

Balance the cost of legal services with the lawyer’s expertise and compatibility. The goal is to find a lawyer who can provide high-quality representation within your budget while aligning with your company’s values and goals.

Seeking Input from Key Stakeholders

If there are other key stakeholders involved in the decision-making process, seek their input and consider their perspectives. Their insights can provide valuable perspectives and ensure that all relevant factors are considered.

Trusting Your Gut Instinct

Ultimately, trust your instincts and intuition. Choose a lawyer who inspires confidence, understands your business, and with whom you feel comfortable building a long-term attorney-client relationship.

Making Your Selection

Once you have assessed the final candidates, it’s time to make your selection. Here’s how to finalize your decision:

Finalizing Your Decision

After careful consideration, choose the lawyer who best meets your criteria and can provide the expertise and support your company needs. Trust your judgment and the information you have gathered throughout the selection process.

Communicating Your Choice to the Chosen Lawyer

Notify the lawyer of your decision and express your intention to engage their services. Provide any necessary information or documentation required to move forward with the legal representation.

Discussing Next Steps and Timelines

After selecting a lawyer, discuss the next steps and timelines for initiating the legal representation. Clarify any outstanding questions or concerns and establish open lines of communication going forward.

Negotiating and Signing the Engagement Letter

Work with the lawyer to negotiate and finalize the engagement letter. Ensure that the terms accurately reflect your expectations and that both parties are in agreement before signing the document.

Building a Strong Attorney-Client Relationship

Once you have chosen a business lawyer, it’s important to nurture a strong attorney-client relationship. Here are some tips for building a successful partnership:

Establishing Open Lines of Communication

Maintain regular and open lines of communication with your lawyer. Keep them informed of any relevant developments or changes in your business to ensure they can provide the best possible legal advice and representation.

Maintaining Regular Contact

Schedule regular check-ins with your lawyer to stay updated on any ongoing legal matters and address any new concerns that may arise. Regular contact ensures that you are on the same page and can address legal issues proactively.

Providing Timely and Accurate Information

When working with your lawyer, provide them with timely and accurate information. This will enable them to provide the best advice and representation for your company. Be transparent and forthcoming to ensure the success of your legal matters.

Following the Lawyer’s Advice and Instructions

Trust in your lawyer’s expertise and follow their advice and instructions. They have your best interests at heart and are equipped with the legal knowledge necessary to guide you through complex issues successfully.

Addressing Concerns and Dissatisfaction

If you have concerns or are dissatisfied with any aspect of your lawyer’s services, address the issue promptly. Open and honest communication allows for the resolution of any problems and helps maintain a positive working relationship.

Re-Evaluating Your Legal Needs Periodically

As your business evolves, your legal needs may change. Periodically re-evaluate your legal requirements to ensure that your lawyer is still the right fit for your company. Be proactive in seeking their assistance as new legal challenges arise.

Frequently Asked Questions

What Are the Benefits of Hiring a Business Lawyer?

Hiring a business lawyer offers numerous benefits, such as expert legal advice, protection from costly mistakes, and assistance with complex legal matters. A business lawyer can safeguard your company’s interests, provide guidance on compliance issues, and represent your company in legal disputes.

How Much Does a Business Lawyer Typically Charge?

The cost of hiring a business lawyer can vary depending on factors such as experience, location, and the complexity of the legal services required. Lawyers typically charge either an hourly rate, a flat fee, or a contingency fee. It is important to discuss fees and billing structures with potential lawyers during the consultation phase.

How Can I Find a Business Lawyer Near Me?

To find a business lawyer near you, consider seeking recommendations from other business owners or professionals in your industry. Utilize online resources, such as legal directories and state bar association websites. Additionally, research local law firms specializing in business law and review their websites for more information.

Learn more about the The Essential Guide To Choosing The Right Business Lawyer For Your Company here.

If you need an attorney in Utah, you can call for free consultation:
Jeremy Eveland
8833 South Redwood Road
West Jordan, Utah 84088
(801) 613-1472
https://jeremyeveland.com

 

Lawyer

Are you facing a legal issue and not sure where to turn? Look no further than attorney Jeremy Eveland. With years of experience and a deep understanding of the law, Jeremy Eveland is ready to help guide you through any legal concerns you may have. Whether it’s a family law matter, a personal injury case, or a criminal defense, Jeremy Eveland has the expertise to provide you with the support and guidance you need. Don’t let legal troubles overwhelm you – call attorney Jeremy Eveland today for a consultation and take the first step towards finding a solution to your legal needs.

Qualifications and Education

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Undergraduate Degree

To become a lawyer, you first need to obtain an undergraduate degree. While there is no specific major required for law school, it is advisable to focus on courses that develop critical thinking, research, and writing skills. Majors such as political science, history, or English can provide a strong foundation for a future legal career.

Law School

After completing your undergraduate degree, the next step is to attend law school. Law schools offer three-year programs that provide a comprehensive education in various areas of law. During this time, you will study subjects such as constitutional law, contracts, criminal law, and torts, among others. Law school also offers opportunities for practical experience through internships and clinics.

Bar Exam

Once you have obtained your law degree, you must pass the bar exam in the state where you plan to practice law. The bar exam evaluates your knowledge of the law and your ability to apply legal principles to practical situations. It usually consists of multiple-choice questions, essay questions, and a performance test. Passing the bar exam is a crucial step in becoming a licensed attorney.

Continuing Education

Even after completing law school and passing the bar exam, the learning does not stop. Lawyers are expected to engage in continuing education to stay updated on developments in the law and to enhance their skills. This can include attending seminars, workshops, and conferences, as well as participating in online courses. Continuing education ensures that lawyers provide their clients with the most current and effective legal representation.

Areas of Practice

Personal Injury Law

Personal injury law involves representing individuals who have been injured due to the negligence or wrongdoing of others. Lawyers specializing in personal injury law handle cases such as car accidents, slip and falls, medical malpractice, and product liability. They help their clients recover compensation for medical bills, lost wages, pain and suffering, and other damages.

Family Law

Family law focuses on legal matters that affect families, including divorce, child custody, child support, spousal support, and adoption. Family lawyers assist their clients in navigating the legal complexities of these issues, ensuring that their rights are protected and their best interests are upheld. They may also provide mediation services to help families reach amicable resolutions without going to court.

Criminal Defense

criminal defense lawyers represent individuals who have been accused of committing a crime. They ensure that their clients’ rights are protected throughout the criminal justice process, from the initial arrest to the trial and possible sentencing. Criminal defense attorneys investigate the facts of the case, build a strong defense strategy, and advocate for their clients in court.

Estate Planning

Estate planning involves creating a plan for the distribution of assets after a person’s death. Lawyers specializing in estate planning help individuals draft wills, establish trusts, designate beneficiaries, and minimize estate taxes. They ensure that their clients’ wishes are carried out and that their assets are protected for future generations.

Corporate Law

Corporate law deals with legal matters related to businesses and corporations. Corporate lawyers assist with various aspects of business operations, such as forming business entities, drafting contracts, negotiating deals, and resolving disputes. They provide legal advice to companies to ensure compliance with laws and regulations and to protect their interests.

The Role of a Lawyer

Legal Advice and Counsel

One of the primary roles of a lawyer is to provide legal advice and counsel to their clients. This involves assessing the client’s situation, researching relevant laws, and advising them on their rights and options. Lawyers help their clients make informed decisions by explaining the potential consequences of different legal courses of action.

Drafting Legal Documents

Lawyers are responsible for drafting a wide range of legal documents, including contracts, wills, trusts, and pleadings. These documents must be clear, precise, and legally binding. Lawyers use their knowledge of the law and their drafting skills to ensure that the documents accurately reflect their clients’ intentions and protect their legal rights.

Representation in Court

When a legal matter cannot be resolved through negotiation or settlement, lawyers represent their clients in court. They present the case, argue legal points, examine and cross-examine witnesses, and advocate for their clients’ interests before a judge or jury. Courtroom representation requires strong oral advocacy skills and a deep understanding of legal procedures.

Negotiations and Settlements

Lawyers also play a crucial role in negotiations and settlements. They work with opposing parties and their attorneys to reach agreements that are beneficial to their clients. Lawyers use their negotiation skills and legal knowledge to secure favorable outcomes, such as settlement terms that protect their clients’ rights and interests.

When to Hire a Lawyer

Injury or Accident

If you have been injured in an accident or as a result of someone else’s negligence, it is advisable to hire a personal injury lawyer. They can help you navigate the legal complexities of filing a personal injury claim, negotiate with insurance companies, and pursue the compensation you deserve for your injuries and damages.

Divorce or Custody Disputes

Divorce and custody disputes can be emotionally charged and complex. Hiring a family lawyer is essential to ensure that your rights and interests are protected throughout the process. They can guide you through the legal requirements, help you negotiate child custody and support agreements, and advocate for your needs in court if necessary.

Criminal Charges

If you are facing criminal charges, it is crucial to hire a criminal defense lawyer. They will investigate your case, build a strong defense strategy, and protect your rights throughout the legal proceedings. A skilled criminal defense attorney can mitigate the potential consequences of criminal charges and work to secure the best possible outcome for you.

Estate Planning

Whether you have a large estate or want to ensure that your assets are distributed according to your wishes, hiring an estate planning lawyer is highly recommended. They can help you navigate the complex laws surrounding wills, trusts, and estate taxes, ensuring that your estate plan is legally valid and tailored to your specific needs.

Steps in a Legal Case

Consultation

The first step in a legal case is often an initial consultation with a lawyer. During this meeting, you will discuss your legal issue, provide relevant information, and ask any questions you may have. The lawyer will assess the merits of your case and explain the legal process and potential outcomes. After the consultation, you can decide whether to proceed with hiring the lawyer.

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Investigation and Research

After being hired, the lawyer will conduct a thorough investigation and research to gather evidence and legal precedents relevant to your case. This may involve interviewing witnesses, reviewing documents, analyzing laws, and consulting with experts. The purpose of this phase is to build a strong case strategy based on the facts and legal principles involved.

Negotiations

In many cases, lawyers attempt to negotiate a settlement before going to trial. They engage in negotiations with the opposing party or their attorneys to reach a mutually agreeable resolution. During negotiations, lawyers use their advocacy skills, legal knowledge, and understanding of their clients’ goals to secure the best possible outcome.

Filing a Lawsuit

If a settlement cannot be reached, the next step is to file a lawsuit. The lawyer will prepare and file the necessary legal documents, outlining your claim and requesting relief from the court. Filing a lawsuit initiates the formal legal process, and the opposing party will have the opportunity to respond to the allegations.

Discovery Phase

During the discovery phase, both parties exchange relevant information and evidence related to the case. This can include documents, witness statements, expert reports, and other materials. Lawyers use this information to further investigate the case, strengthen their arguments, and assess the strength of the opposing party’s position.

Trial

If the case proceeds to trial, lawyers present their arguments, evidence, and witnesses before a judge or jury. They make opening and closing statements, conduct examinations and cross-examinations, and present legal arguments. The judge or jury then weighs the evidence and decides the outcome of the case.

Appeals

If either party disagrees with the outcome of the trial, they may have the option to appeal the decision. Appeals involve presenting arguments to a higher court, claiming legal errors or inconsistencies that occurred during the trial. Lawyers play a crucial role in crafting persuasive appellate briefs and presenting oral arguments before the appellate court.

Importance of Communication

Communication with Clients

Effective communication with clients is essential for a lawyer’s success. Lawyers must listen attentively to their clients’ concerns, ask relevant questions, and provide clear and concise explanations of legal matters. Keeping clients informed about the progress of their case and promptly responding to their inquiries ensures trust and transparency.

Communication with Opposing Counsel

Lawyers also need to communicate effectively with opposing counsel. This includes negotiating settlements, exchanging information, and resolving disputes. Maintaining a professional and respectful tone during these communications helps to facilitate productive discussions and potentially achieve mutually beneficial outcomes.

Communication with the Court

Lawyers have a duty to effectively communicate with the court as well. This includes filing legal documents in a timely manner, presenting arguments clearly and persuasively, and following courtroom procedures. Good communication with the court demonstrates professionalism and ensures that the legal process runs smoothly.

Finding the Right Lawyer

Referrals

One of the most effective ways to find the right lawyer is through referrals. Ask friends, family, or colleagues who have had positive experiences with lawyers for recommendations. They can provide valuable insights into the lawyer’s expertise, communication style, and success rate.

Online Directories

Online directories, such as local bar association websites or legal directories, can also be helpful in finding a lawyer. These directories provide information about a lawyer’s practice areas, experience, and contact details. You can often read client reviews and ratings to get a better understanding of their reputation and the quality of their services.

Initial Consultation

Many lawyers offer initial consultations to discuss your legal issue and evaluate whether they can assist you. Take advantage of these consultations to ask questions, assess the lawyer’s knowledge and experience, and determine if they are the right fit for your case. Pay attention to how well they listen to you and how clearly they explain complex legal concepts.

Costs of Hiring a Lawyer

Hourly Fees

Many lawyers charge by the hour for their services. Hourly fees can vary significantly depending on the lawyer’s experience, the complexity of the case, and the geographic location. It is essential to discuss the hourly rate and billing arrangements with the lawyer during the initial consultation to ensure you understand the financial implications.

Flat Fees

In some cases, lawyers may charge a flat fee for specific legal services. This is common for routine matters such as drafting a will or reviewing a contract. Flat fees provide certainty and allow clients to budget their legal expenses upfront.

Contingency Fees

Contingency fees are commonly used in personal injury cases. Under a contingency fee arrangement, the lawyer only receives payment if they successfully recover compensation for the client. The fee is typically a percentage of the amount recovered. This fee structure allows individuals who may not have the financial means to afford legal representation to pursue their case.

Retainer Fees

Lawyers may require clients to pay a retainer fee upfront. The retainer fee is an initial deposit that the lawyer holds in a trust account and deducts fees from as they work on the case. The remaining balance is returned to the client at the conclusion of the legal matter. Retainer fees provide assurance that the lawyer’s time and expertise are reserved for the client.

Working with a Lawyer

Providing All Relevant Information

To effectively represent you, your lawyer needs complete and accurate information about your case. Provide your lawyer with all relevant documents, facts, and details, even if they may seem insignificant. This information will help your lawyer build a strong case strategy and identify potential legal issues or defenses.

Following Legal Advice

When working with a lawyer, it is important to follow their legal advice. Lawyers have the knowledge and experience to provide guidance based on the law and the specific circumstances of your case. Trusting your lawyer’s advice and following their recommendations can significantly increase your chances of achieving a favorable outcome.

Maintaining Open Communication

Maintain open and honest communication with your lawyer throughout the legal process. Inform them of any updates or changes that may impact your case. Respond promptly to their requests for information or documents. Clear and effective communication between you and your lawyer is crucial for a successful attorney-client relationship.

FAQs

What does a lawyer do?

Lawyers provide legal advice, represent clients in court, draft legal documents, and negotiate settlements. They serve as advocates for their clients and work to protect their legal rights and interests.

How much does it cost to hire a lawyer?

The cost of hiring a lawyer varies depending on factors such as their experience, the complexity of the case, and the fee structure. Lawyers may charge hourly fees, flat fees, contingency fees, or require a retainer fee.

How do I choose the right lawyer for my case?

To choose the right lawyer for your case, consider their experience and expertise in the relevant area of law. Seek referrals from trusted sources and schedule initial consultations to assess their qualifications and compatibility with your needs.

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Utah State Tax Commission v Delta Air Lines Inc 2023 UT 24

Utah State Tax Commission v Delta Air Lines Inc 2023 UT 24

This is a brief Utah Supreme Court Case Update as of November 9, 2023.

You can read the full opinion here at the Utah Supreme Court’s website.

I wanted to give you a quick update on a recent opinion that was issued by the Utah Supreme Court on November 9, 2023. The case is Salt Lake County v. Utah State Tax Commission and the citation of this case is 2023 U T 24.

In this case, the Utah Supreme Court upheld the constitutionality of the state’s Aircraft Valuation Law for assessing the taxable value of airline fleets. Salt Lake County had challenged Delta Air Line’s 2018 property tax assessment, arguing that the valuation method prescribed by the Aircraft Valuation Law resulted in an undervaluation compared to the aircraft’s fair market value. However, the Court ruled that the County failed to properly avail itself of the statutory mechanism that would have allowed the use of an alternative valuation method. Because the County did not provide sufficient evidence showing that the statutory method was unconstitutional as applied to Delta’s fleet, the Court declined to override the legislatively prescribed methodology for aircraft valuation. The Court affirmed the Commission’s application of the Aircraft Valuation Law and its original assessed value of Delta’s fleet.

Here are facts, issues, arguments, reasoning, and holding of the court.

Facts:

Delta owns aircraft operating in Utah. The Tax Commission used the Aircraft Valuation Law to assess the value of Delta’s fleet for 2018 taxes. This resulted in a $2.8B valuation.

Salt Lake County challenged this valuation before the Commission, arguing it was below fair market value, violating the Utah Constitution.

The County submitted a $3.6B appraisal using a unitary valuation method not reliant on the Aircraft Valuation Law.
Delta rebutted the County’s appraisal, criticizing the failure to use the Law’s methodology.

The Commission upheld the original $2.8B assessment using the Aircraft Valuation Law.

Here are the County’s Arguments:

The Aircraft Valuation Law’s methodology undervalued Delta’s fleet compared to a unitary valuation approach.
This violates the Utah Constitution’s requirement that property be taxed uniformly and equally based on fair market value.

The County submitted its own $3.6B appraisal as evidence the statutory method did not reflect fair market value.

Delta’s Arguments were as follows:

The Commission correctly followed the valuation method required by the Aircraft Valuation Law.

The constitution grants the legislature authority to determine valuation methods.

The County did not compare values under other pricing guides as required to use an alternative valuation method.
The County’s appraisal improperly diverged from the statutory methodology.

After hearing arguments, the court reasoned as follows:

The legislature has authority to determine valuation methods for taxation purposes. The constitutionality of a tax statute is presumed, especially in economic matters.

To successfully invoke the alternative valuation method safety valve, the County had the burden to show (1) clear and convincing evidence that the statutory method does not reflect fair market value, and (2) identify an alternative method for determining value.

The County produced evidence under (1) that a unitary method would value Delta’s fleet higher than the statutory method. But it did not address (2) by comparing values under other potential pricing guides.

Ultimately, the Utah Supreme Court held that:

The County did not fully avail itself of the statutory safety valve to challenge constitutionality. Therefore, the court cannot conclude the Aircraft Valuation Law is unconstitutional as applied in this case.

I hope this helps you with staying current on Utah case law.

Areas We Serve

We serve individuals and businesses in the following locations:

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Utah Attorney Consultation

When you need help from a Lawyer in Utah, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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