Tag Archives: personal injury

Personal Injury Lawyer

Personal Injury Lawyer

Personal Injury Lawyer

Last Updated: June 11, 2026

A personal injury lawyer is a type of civil litigator who provides legal representation to plaintiffs who are alleging physical or psychological injury as the result of the negligent or careless acts of another person, entity, or organization. Injury lawyers specialize in an area known as tort law. This covers private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. The main goal of tort law is to make the injured party whole again and to discourage others from committing the same offense. Injury lawyers help plaintiffs receive compensation for their losses, including loss of earning capacity due to an inability to work, pain and suffering, reasonable medical expenses, both present and expected, emotional distress, loss of consortium or companionship, and legal costs and attorney fees. They also work to safeguard clients from being victimized by insurance companies and the legal system.

What Does an Injury Lawyer Do?

Your wounds may not have even dried before you start getting calls, requests and bills from insurance companies, doctors, police and others. At such a time when you should be focusing on healing and recovery, you may be feeling completely overwhelmed and stressed wondering how you are going to pay for everything. This is when an injury lawyer can help. An injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice.

Personal Injury Lawyer, injury, case, lawyer, law, settlement, accident, attorney, statute, limitations, cases, insurance, compensation, damages, claim, injuries, claims, person, lawyers, lawsuit, court, plaintiff, time, attorneys, defendant, state, accidents, party, years, amount, someone, example, settlements, states, death, rights, liability, trial, harm, property, lawsuits, personal injury, personal injury lawyer, personal injury claims, personal injury law, personal injury settlement, personal injury cases, personal injury attorney, personal injury claim, personal injury attorneys, medical bills, personal injury case, personal injury lawsuit, personal injury lawyers, personal injury accident, medical expenses, personal injury settlements, florida statute, personal injury calculator, injured party, medical malpractice, insurance companies, personal injury lawsuits, injured person, united states, property damage, legal representation, deceased person, personal injury calculators, personal injuries, car accident, personal injury, statute of limitations, compensation, plaintiff, lawyer, lawsuit, attorney, florida, insurance, accident, negligence, pain and suffering, medical malpractice, fault, insurance company, damages, statute, injury, personal injury lawsuits, tort, civil wrong, battery, attorneys' fees, general damages, personal injury protection, no-fault auto insurance, negligence, liability, contingent fee basis, damages, general liability policies, special damages, litigated, intestate succession, emotional distress, lawsuits, liability insurance, limitation period, no-fault, discovery, tripping accidents, litigation, compensation,

Basics of Personal Injury Law

An injury lawyer performs many important duties. These common functions include:

Explains your rights: An injury lawyer can explain how an accident and different legal issues affect a person’s rights. Different states have different laws pertaining to the statutes of limitations or how comparative negligence affects a case. The statute of limitations imposes time limits for when a lawsuit must be filed. Comparative negligence rules determine whether a person can sue if he was partially to blame for the accident and how much he can recover.

Provides advice: An injury Lawyer can walk a client through the system with the finesse of a professional tour guide. They help you understand complicated legal procedures, interpret medical and insurance jargon, and get through the maze of paperwork required in injury cases. One common piece of advice is not to provide a statement to the other driver’s insurance company since it will simply look for ways to deny liability. An injury lawyer may also recommend seeking medical treatment to document the relationship between the accident and the injury. An injury attorney also provides you objective opinions about your case so that you can make the best possible decision that aren’t clouded by fear, anger, frustration, stress and other emotions many injury victims understandably experience.

Represents in court: Most injury cases do not result in a trial; the vast majority is settled even before a lawsuit is filed. However, if the insurance company denies the claim, it’s possible that the only way for the victim to recover is by going through a full civil trial. Litigation is complex and requires close adherence to proper procedures and rules of evidence. This is not a task best handled by a novice.
Some surprising ways you didn’t know a lawyer could help you. Lawyers do have skills, you know. There are some great ways they can help:

Completes a professional investigation: An injury firms may have their own investigators document the scene of an accident, interview witnesses and develop theories about how the incident occurred. These might be professional investigators or even retired cops working a new job. Outside experts such as accident reconstruction experts may be necessary if the cause of the accident is in dispute. Your attorney will have a dedicated roster of professionals he or she normally uses and will know who can assist.

Connects with medical providers: An injury lawyer may have a business relationship with a medical professional who may agree to provide medical services in favor of a lien on any future settlement or judgment. They may also have greater experience in understanding serious injuries and may recommend a particular specialist who has provided superb results in previous cases.

Better assesses damages: Many accident victims only think about the immediate impact of an accident. After all, they could be receiving harassing phone calls from bill collectors, making up funds after being off work for a few weeks and may need to repair their vehicle to get back on the road. However, an injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. An injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.

Works through a variety of legal processes: An injury lawyer can help in a number of different judicial forums. For example, he or she may help with informal negotiation with the insurance company before or after a case is filed in court. Alternatively, they may help litigate a case if the settlement offer is not satisfactory to the client or the claim is denied. However, personal injury lawyers can also help in other types of forums such as alternative dispute resolution. Arbitration may be required if the victim’s own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. Surprisingly, not every case requires the use of a lawyer. If the damages are minimal, there is no serious injury and the settlement offer appears reasonable, providing a significant portion of the settlement to an attorney may not make sense. However, sometimes cases that seem simple at first may become more complicated, which may be best handled by hiring an experienced personal injury lawyer. For example, someone’s insurance may not have been in effect at the time of the accident or an injury might not reveal itself as chronic until months after the accident. Some key times to hire an injury lawyer include when:

The claim is denied: If you know that the other party was responsible for the accident but the insurance company does not want to take responsibility, it is important to talk to a lawyer to get an objective and experienced opinion.

Multiple parties may be involved: In some cases, accidents might involve multiple vehicles or parties. This often complicates things. This can occur if there was a multi-car pileup or a situation involving contractors, subcontractors and employees. An injury lawyer can help identify all parties that may share liability in the case and who may be named as defendants.

A settlement is offered: It is often worth the time and money to consult with a personal injury lawyer before accepting a settlement. Insurance companies may try to get rid of cases as quickly as possible to minimize the payout since they represent their client’s financial interests. Very often, the first offer is a low-ball offer that they hope the victim will accept. A personal injury lawyer can determine whether an offer seems fair. Sometimes, the skills of an experienced injury lawyer or at least the threat to an insurance company that such a lawyer may present are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm or simply because an insurance company refuses to settle a matter in good faith.

Long-Term or Permanently Disabling Injuries: Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time over a year or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You’ll probably require some assistance from an experienced lawyer to get the most out of your claim.

Severe Injuries: The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

Medical Malpractice: If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.

Toxic Exposure: In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.

When Insurance Company Refuses to Pay: In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something what the lawyer can get minus the fee charged to get it is better than nothing.

Personal and Professional Skills

The most successful injury attorneys excel at oral advocacy, negotiation, and client development. They should also have a capacity for handling stress and pressure, particularly those who decide to practice on their own rather than sign on as an associate with an existing firm. Attorneys in this specialty usually represent clients on a contingency basis, meaning their fees represent a percentage of the plaintiff’s eventual compensation when the case is resolved, which is typically from 30 to 40 percent. This arrangement means that the plaintiff doesn’t pay a fee unless and until the lawyer recovers money on their behalf. These lawyers are typically only compensated if they win. Some injury cases can drag out for years before they’re resolved. This makes efficient time management skills very important as well. An injury attorneys have to balance these long, involved cases with shorter, less demanding ones if they’re going to pay the bills, at least if they elect to go into practice for themselves. It’s often recommended that new injury lawyers get their feet wet with an established law firm before heading out on their own even an insurance defense firm. This will help them understand the ins-and-outs of how their adversaries approach cases.

An Injury Lawyer Salary

Personal injury lawyers are among the highest-paid professionals. The most successful lawyers earn seven-digit salaries, although most plaintiff lawyers earn between $30,000 and $300,000, depending on practice size and location. Plaintiff lawyers who pull in fees at the higher end of the spectrum usually handle class action suits or high-dollar personal injury cases. In addition, punitive damages those that are designed to punish the defendant and deter the same bad conduct again can raise verdict amounts by millions of dollars, adding cash to the lawyer’s pockets. These types of attorneys most likely start out at a relatively modest salary if they sign up with an established firm, but they should also receive a percentage of the fees paid to the firm for successful cases they’ve handled.

Factors to Consider Before Hiring a an Injury Lawyer in Utah

Lawyers Near Me Who Practice Injury Law: When searching for an injury Lawyer in Utah, it is important to search for a law firm that handles injury cases similar to your case. For instance, if a car accident caused your injuries, you may want to search for “car accident attorney near me” when you begin your internet search for a lawyer to handle your automobile insurance claim. The same is true if your injury relates to medical malpractice, wrongful death, dog bites, semi-truck accidents, and motorcycle accident in Utah, workers ’ compensation, premises liability, catastrophic injuries, or pedestrian accidents.

Experienced Injury Lawyers: Experience matters. Professionals, including injury lawyers, are always learning about their practice. You do not want your case to be a “learning lesson” in which the attorney realizes that he should have hired an expert witness early in the case instead of waiting until after a personal injury lawsuit is filed to consult an expert witness. You also do not want a lawyer representing you who is still learning the local rules and procedures of the various courts in your area who might miss a deadline or fail to file the correct motions in your case to keep your case moving efficiently through the court system. Every attorney gains experience through each case the attorney handles. However, when the negligence of another party causes you harm or injury, you need accident lawyers who specialize in motor vehicle accidents, and already understand personal injury law, the court systems, tactics used by insurance companies, settlement demands, expert witnesses, accident investigations, rules of evidence, and statutes of limitations to handle your injury claim. You need an accident attorney who has several years of experience under his belt after law school to fight for your best interests.

How Much Will A Personal Injury Attorney Cost Me: Most injury lawyers in Utah offer a free consultation for accident victims. During the free appointment, victims can ask questions about the injury process while the attorney reviews the facts in the case to determine if the attorney believes the person has a valid legal claim for compensation. One important question you want to discuss during your free consultation is how much the attorney charges for services and how much money you will need to pay up front to retain the law firm. In most cases, Utah injury law firms accept cases involving injuries and accidents on a contingency fee basis. A contingency fee means that you will not pay any money up front to retain the law firm. You agree to pay a percentage of the amount recovered for your claim to the law firm for attorney fees. In many cases, you are only charged attorney fees if the lawyer obtains a settlement on your behalf. In other words, you do not pay any attorney fees if the law firm does not recover money for your injury claim. However, you should also discuss the payment of costs and expenses of the case. Depending on your case and whether an injury lawsuit is filed, you could incur some minor fees and expenses related to your claim. The way expenses and costs are handled vary by law firm, so make sure you ask about this matter before you retain an attorney for your case.

Proven Track Record of Obtaining Fair Compensation: Another factor to consider when retaining an injury attorney in Utah is the attorney’s track record. Does the attorney win cases? Has the attorney won large settlements in jury trials? What is the law firm’s rate of success versus losses? As with any professional, you want to retain a lawyer who has a proven record of winning injury cases. When you question a law firm about their success rate, be sure to consider the total number of cases they handle each year. If an injury lawyer tells you that he has a 100 percent success rate, you are likely to be impressed until you hear that the attorney only handles two cases a year.

Skilled Trial Litigators and Negotiators: You want to choose a Utah injury attorney who is a talented negotiator and a skilled, experienced trial litigator. Most personal injury claims settle without filing a personal injury lawsuit or going to trial. Therefore, polished negotiating skills are crucial for a personal injury lawyer. You want your attorney to be able to negotiate effectively with insurance companies to obtain a fair and just settlement for your claim as quickly as possible. A talented negotiator understands how to use the facts of the injury case to maximize the amount of compensation you receive for your accident claim.

Excellent Availability and Communications: Make sure that you ask the law firm how quickly they return telephone calls, emails, and other forms of communication. Talented attorneys are busy. You may not always be able to reach an injury attorney or a paralegal when you call a law firm. However, it is important to know that you will receive a return call within a certain number of hours. It is also important to understand the procedure used in the law firm to handle calls related to urgent matters that cannot wait for a return call.

Utah Personal Injury Attorney

Personal injury law is a complicated and often confusing area of law. It can be difficult to understand the rights and responsibilities of someone who has been injured due to the negligence or fault of another. If you or someone you know has been injured in an accident, it is important to seek legal representation from a qualified personal injury lawyer.

A personal injury lawyer can help you seek compensation for any losses, damages, or injuries that have occurred as a result of an accident. They can also help you understand the statute of limitations, which is the time period during which you can file a personal injury lawsuit. Additionally, a personal injury lawyer can help you understand your rights and the liability of another party, as well as insurance policies and settlements.

Personal injury claims can cover a wide range of incidents, including car accidents, medical malpractice, premises liability, and wrongful death. Depending on the details of your case, the amount of compensation you are able to receive may vary. For example, if you are the injured party in a car accident, you may be entitled to compensation for medical bills, lost wages, and property damage. If you have lost a loved one due to the negligence of another, you may be able to file a wrongful death lawsuit in order to receive compensation for the loss.

In order to make a personal injury claim, it is important to understand the laws of your state. Every state has its own statutes and laws regarding personal injury cases, so it is important to seek legal representation from an experienced personal injury attorney who is familiar with the laws in your state. Additionally, personal injury attorneys operate on a contingency fee basis, meaning that you will not have to pay for legal services unless you win your case.

If you or someone you know has been injured in an accident, it is important to seek legal representation from a qualified personal injury lawyer. A personal injury lawyer can help you understand your rights, the liability of another party, insurance policies and settlements, and the statute of limitations. With the help of a qualified personal injury lawyer, you can seek the compensation you deserve for any losses, damages, or injuries that have occurred as a result of an accident.

When you’ve been injured and need a personal injury attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

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

Home

Recent Posts

Business Law

Business Lawyer

Contract Law

Offer and Acceptance

The Utah Uniform Partnership Act

The 10 Essential Elements of Business Succession Planning

Business Succession Law

Estate Planning

Utah Business Law

Advertising Law

Real Estate Law

Law Firm

Legal Contract

Intellectual Property

Corporate Lawyer

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

For legal assistance regarding Personal Injury Lawyer, contact Jeremy Eveland. We handle Personal Injury Lawyer cases and provide guidance on Personal Injury Lawyer for clients.

Visit USA.gov for official resources.

Law Firm

Law Firm

Table of Contents

Law Firm

Last Updated: July 20, 2026

A law firm is an integral part of the legal industry in the United States. According to the National Law Journal’s report, there were 1,232 law firms across the nation in a recent survey year, with combined gross revenue of $262.97 billion. New York City-based firms make up the majority of this revenue, with the top ten grossing law firms in the United States reaching a combined total of $52.2 billion. Whether you need a small local practice or one of the world’s largest partnerships, understanding how a law firm works helps you choose the right legal representation for your matter.

The law firm landscape has changed dramatically over the years. There are now firms of all sizes and with a wide range of specialties, from business law to real estate law, estate planning, probate law, criminal defense, contract law, and injury law. With this diversity comes a wide range of business models, strategies, rankings, revenues, and other metrics used to measure success. This article discusses the various aspects of a law firm, including size, software, rankings, revenue, attorneys, management, practice areas, and lawyers. It also explains how the world’s leading law firms are changing to meet the needs of their clients. For a definition and history of the term, see the overview of the law firm on Wikipedia.

Key Takeaways

  • A law firm is a business entity formed by one or more lawyers to practice law and advise clients.
  • Firms range from solo practices to global partnerships with more than 500 attorneys.
  • Most firms are organized as limited liability partnerships (LLPs), LLCs, professional corporations, or sole proprietorships.
  • Practice areas include business, contract, real estate, estate planning, probate, and personal injury law.
  • Technology and practice-management software increasingly shape how modern firms serve clients.

Jeremy Eveland Law Firm - Business Law, Estate Planning, and Probate Attorney serving West Jordan and Lindon Utah

What Is a Law Firm?

A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service a law firm delivers is advising clients about their legal rights and responsibilities and representing them in civil, criminal, and business matters. Clients may be individuals, families, small businesses, or large corporations. When you hire a firm, you are retaining the collective knowledge, resources, and experience of every attorney who works there, not just a single lawyer.

Size and Software

Law firms come in all shapes and sizes. According to the National Law Journal (NLJ) survey, the largest firms have more than 500 attorneys, while the smallest firms have fewer than 10. Some firms operate multiple offices in multiple states, while others have only one office. Some specialize in a single practice area, while others offer a broad range of services.

The size of a firm often affects the type of software it uses. Larger firms may rely on sophisticated document-management systems, billing systems, and case-management systems, while smaller firms may not need such elaborate tools. Regardless of size, the goal of a well-run law firm is the same: to serve clients efficiently and protect their interests.

Ranking and Revenue

Law firms are ranked based on a number of criteria, such as total revenue and the number of attorneys. The NLJ survey ranks the 250 largest law firms in the U.S. by revenue, as well as the top 100 firms by number of attorneys. The survey also ranks firms by practice areas, including business, real estate, estate planning, probate, criminal defense, contract, and injury law. These rankings help clients and recruits compare firms, but revenue alone does not measure how well a firm serves an individual client.

Attorneys and Management

A law firm is made up of attorneys who are licensed to practice law in a particular jurisdiction. Attorneys are typically organized into teams, which may be led by a partner or a senior associate. Partners are usually the most senior attorneys in the firm and are responsible for managing practice areas and client relationships. Associates are typically the junior attorneys who research legal issues and prepare cases. To learn more about the profession itself, review the general overview of a lawyer on Wikipedia.

Practice Areas and Lawyers

Law firms typically specialize in one or more practice areas. Common practice areas include business law, real estate law, estate planning, probate law, criminal defense, contract law, and injury law. Each practice area has its own set of rules and regulations, as well as its own set of lawyers.

For example, a firm that focuses on business law may employ corporate lawyers, mergers-and-acquisitions lawyers, and securities lawyers, while a firm that concentrates on injury law may have medical-malpractice lawyers and personal-injury lawyers. Choosing a law firm whose experience matches your legal need is one of the most important decisions a client makes.

LLP and Menu of Services

Many law firms are organized as limited liability partnerships, or LLPs. An LLP is a business structure that lets the firm offer a variety of services to clients while limiting each partner’s personal liability. LLPs also give partners flexibility, allowing them to choose from a “menu” of services to provide.

For example, a law firm might offer corporate formation, contract negotiation, intellectual-property protection, mergers and acquisitions, and litigation. Some law firms are instead organized as LLCs (limited liability companies), professional corporations, or even sole proprietorships. If you are forming your own company and comparing entity types, our guide to Utah business law explains the options.

World’s Leading Law Firms

The world’s leading law firms are those with the most revenue, the most attorneys, and the most clients. According to the NLJ survey, the top 10 largest law firms in the world are based in the United States, with two based in the United Kingdom and one based in Germany. These firms have combined revenue of over $100 billion and employ more than 55,000 attorneys.

Law firms come in all shapes and sizes and offer a wide range of services to their clients. The size of the firm, the software it uses, the practice areas it specializes in, and the number of attorneys it employs all contribute to its success. As the legal landscape continues to change, every law firm must adapt and evolve to meet the needs of its clients.

The American Lawyer’s report shows that many of the largest law firms in the country are located in New York, with the top ten grossing firms reaching a combined total of $84.3 billion in revenue. These firms specialize in many different areas of law, including personal injury, corporate, tax, and intellectual property.

Technology Based Law Firms

The legal profession has seen the rapid emergence of technology-based solutions, with many law firms now using legal software and document-management systems to run their practices. These tools allow firms to take on larger cases, provide better service, and improve efficiency. One of the most popular categories is cloud-based software, which enables a firm to store and manage legal documents online so files are accessible wherever they are needed.

Practice-management software has also become a common tool for law firms. This type of software helps firms track time, organize client files, and manage billing, among other features. Many firms combine practice management with legal document management to streamline everyday work.

The profession has also seen growth in legal-studies programs. These programs help students understand the legal system and learn to draft legal documents, research legal topics, and represent clients effectively. As technology and legal education continue to evolve, law firms are able to serve clients more efficiently and handle increasingly complex cases.

Business Law Firm

Business law is an essential aspect of the legal system in Utah and covers a broad range of topics, including contract law, bankruptcy, intellectual property, corporate and securities law, antitrust, business organizations, and taxation. Businesses operating in Utah must follow a complex set of laws, regulations, and procedures set by the legislature, courts, and federal agencies. To navigate these matters, it helps to work with a knowledgeable business law firm that understands the nuances of Utah business law.

One key aspect of business law in Utah is contract law. The Utah Supreme Court has established rules that people entering into contracts must follow. In cases such as Weber v. Deseret Book Co., 725 P.2d 1090 (Utah 1986), the court held that contract terms must be clear and mutually agreed upon by both parties. Contracts must also be supported by consideration, meaning each party must receive something of value, and no party may be held to an agreement obtained through fraud or duress.

Other areas of business law in Utah include corporate and securities law, bankruptcy, and intellectual property. In R.F. Brinkley Corp. v. First Security Bank of Utah, 959 P.2d 1378 (Utah 1998), the court held that corporations must follow specific procedures when issuing securities. In In re B.W.L. Corp., 816 P.2d 1218 (Utah 1991), the court confirmed that bankruptcy proceedings must follow a set of specific rules. You can read Utah’s statutes directly at the Utah State Legislature website.

Contract Law Firm

Contract law is an important part of the legal system in Utah. It involves the formation and enforcement of contracts between parties. A contract is an agreement between two or more parties that is enforceable in a court of law. It can be oral or written, and it must be made with the intent to be legally binding. In Utah, the Uniform Commercial Code (UCC) governs contracts for the sale of goods; you can review the full Uniform Commercial Code at Cornell Law School.

To be enforceable, a contract generally must include an offer, acceptance, consideration, and legal capacity. The Utah Supreme Court has held that parties may enter into oral contracts and that such contracts are often enforceable, although contracts for the sale of goods above a certain value must be in writing. Legal capacity means the parties must be of legal age and mentally competent. Our article on offer and acceptance explains these elements in more detail.

Contracts can be modified or terminated through mutual agreement, as well as through rescission, which is the legal process of canceling a contract. For a contract to be legally binding, the parties must intend to be bound and the agreement must satisfy every legal requirement. Understanding the requirements of contract formation and enforcement is essential for any business or individual entering an agreement.

Real Estate Law Firm

Real estate law is an important element of legal practice in Utah. It covers a wide range of issues, including property ownership, zoning, contracts, title insurance, and financing. Real estate law in Utah combines state and federal law with local ordinances.

Much of real estate practice draws on the Uniform Commercial Code and on the common-law principles of contract and tort. In addition, the Utah Supreme Court has built a body of case law that guides how real estate law is applied in the state. One significant area is title insurance, which protects a purchaser’s interest by confirming there are no liens, encumbrances, or competing claims that could prevent the buyer from taking ownership. In Utah, title insurance is governed by the Utah Title Insurance Act.

Utah case law also defines the rights and responsibilities of parties to real estate transactions. For example, a seller is generally required to disclose known defects and to provide an accurate representation of the property’s condition before a sale is finalized. Because these rules are detailed, it is wise to consult a real estate law firm familiar with Utah law before buying or selling property.

Estate Planning Law Firm

Estate planning is an important area of law practice, and it can be especially important in Utah. Estate planning involves structuring the transfer of property and assets from one generation to the next in an efficient, legally sound manner. Utah case law sets several precedents in this area.

In In re Estate of Moore, the Utah Supreme Court determined that a property owner’s estate plan must comply with the Utah Uniform Probate Code to be valid. In In re Estate of Hines, the court found that a trust must follow its own terms to be enforceable. And in In re Estate of Clark, the court determined that an estate plan must be reasonable and understandable to the beneficiaries. Together, these cases demonstrate the importance of creating accurate, legally sound estate plans with the help of an experienced law firm.

Personal Injury Law Firm

When people are injured in a car or 18-wheeler accident, it can be a traumatic, life-altering experience. In addition to physical and emotional trauma, there are often financial costs from medical bills, lost wages, and other damages. In such cases it is important to seek the assistance of a personal injury attorney.

A personal injury law firm can help injured individuals navigate the legal system and maximize their financial recovery. An attorney can investigate the facts, identify liable parties, and negotiate with insurance companies to secure fair compensation. A firm also has access to expert witnesses, investigators, and other resources that are not available to the general public, which can be invaluable when proving fault.

Having a personal injury law firm on your side also provides peace of mind. The attorney handles the legal work so you can focus on recovery, reducing the stress of dealing with insurance companies while protecting your rights.

Probate Law Firm

The practice of probate involves the administration of a deceased person’s estate. This process includes distributing assets to heirs, paying creditors, and collecting taxes. In Utah, probate matters are handled by the probate court, which is part of the district court system. For court forms and procedures, see the official Utah State Courts website.

Under Utah law, the probate court determines the validity of wills, appoints executors, oversees management of the estate, collects taxes, and supervises the distribution of assets. The court also ensures that all parties are treated fairly and may appoint guardians for a minor or incapacitated person.

In Utah, the probate process must generally be completed within a set period after the death of the testator, though complex or contested estates can take longer. Because probate can be lengthy and complicated, a probate law firm helps executors and families follow the court’s requirements so the estate is handled properly.

How to Choose the Right Law Firm

Choosing the right law firm starts with matching the firm’s experience to your specific legal need. A firm that concentrates on business and estate matters may not be the best fit for a complex criminal case, and vice versa. Ask about the firm’s experience with matters like yours, who will actually handle your file, how the firm communicates, and how fees are structured.

It also helps to read reviews, ask for referrals, and meet with the attorney before deciding. A good law firm will explain your options clearly, set realistic expectations, and treat you as a partner in your own case. Many firms, including ours, offer an initial consultation so you can decide whether the relationship is a good fit before committing.

Frequently Asked Questions About Law Firms

What is a law firm?
A law firm is a business entity formed by one or more lawyers to practice law, advise clients about their legal rights, and represent them in court and in transactions.

What is the difference between a law firm and a lawyer?
A lawyer is an individual licensed to practice law. A law firm is the business organization through which one or more lawyers offer their services, share resources, and serve clients.

How are law firms structured?
Most law firms are organized as limited liability partnerships (LLPs), limited liability companies (LLCs), professional corporations, or sole proprietorships, each of which affects liability, taxation, and management.

How do I choose the right law firm?
Match the firm’s practice areas and experience to your legal need, confirm who will handle your case, review the fee structure, and meet with the attorney before you decide.

What practice areas do law firms handle?
Common practice areas include business law, contract law, real estate law, estate planning, probate, and personal injury law, among many others.

Utah Law Firm Consultation

When you need legal help from a law firm, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

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

Home

Recent Posts

Business Law

Business Lawyer

Contract Law

Offer and Acceptance

The Utah Uniform Partnership Act

The 10 Essential Elements of Business Succession Planning

Business Succession Law

Estate Planning

Utah Business Law

Advertising Law

Real Estate Law

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Business Succession Lawyer Ogden Utah

Business Succession Lawyer Layton Utah

Business Succession Law

Business Succession Law

Business Succession Law, business, succession, plan, planning, estate, family, owners, law, owner, ownership, clients, attorney, businesses, time, agreement, laws, sale, property, process, generation, death, plans, employees, retirement, members, agreements, value, life, successor, tax, state, attorneys, heir, documents, case, people, cases, transfer, co-owner, services, succession plan, business succession plan, succession planning, business owners, business succession planning, business succession, succession laws, outside party, business owner, family members, family business succession, buy-sell agreement, family business, estate taxes, next generation, estate plan, sterling law group, buy/sell agreement, senior-generation owners, key employees, legal services, law firm, many business owners, national law review, buy/sell agreements, small business succession, legal advice, legal service, comprehensive strategy, estate planning, attorney, estate planning, lawyer, ownership, tax, decedent, intestate succession, estate, property, inheritance, laws, probate, heirs, assets, law review, estate taxes, shareholder, intestate, stock, upcounsel, risk, wills, intestate, intestate succession, intestacy, grant of probate, testament, probate, alternative dispute resolution, equity, lawsuit, personal injury, life insurance, adr, stock, fraud, damages, monetary damages, trust, publicly traded, capital gains, insurers, insurance, insured, heir, conflict of interest, fines, escheat

Business Succession Law

Last Updated: June 11, 2026

Business Succession Law is a complex and important area in the legal landscape. It involves planning for the future of a business, from the transfer of ownership and control to the division of assets and liabilities. It is essential for business owners, family members, and other stakeholders to understand the legal rules, regulations, and issues associated with business succession in order to ensure the continuity of the business and the protection of the owners’ interests. Business Succession Law is a subset of Business Law.

Black’s Law Dictionary, Seventh Edition, Page 1162, defines succession as: “The act or right of legally or officially taking over a predecessor’s office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution.” (Abridged Edition, West Group, 2000). Succession is also defined in law as “(1) the act or right of legally or officially coming into a predecessor’s office, rank, or functions: (2) the acquiring of an intestate share of an estate; or (3) loosely, the acquiring of property by will.” from Garner’s Dictionary of Legal Usage, Third Edition, p. 859, Oxford University Press (2011). In the common law, Succession is the mode by which one set of persons, members of a corporation agregate, acquire the rights of another set which preceded them. This term in strictness is to be applied only to such corporations. 2 Bla. Com. 430. From page 3176 of Bouvier’s Law Dictionary, Volume 2, L-Z (1914).

So, business succession law is an important area of law that governs the transfer of ownership of businesses from one owner to another. It is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner. Attorney Jeremy Eveland helps business owners in Utah with succession or transfer of ownership of a business either by estate planning, succession planning, or mergers, acquisitions, or direct sales.

Business Succession Planning

The process of business succession planning involves numerous legal issues, such as the transfer of ownership, division of assets and liabilities, and the protection of the business’s interests. Ownership of a business can be transferred to a family member, outside party, or other entity in the form of a buy-sell agreement, estate plan, or other legal arrangement. A buy-sell agreement is a document that outlines the terms and conditions for the purchase and sale of a business, and can be used to transfer ownership of a business to a family member, outside party, or other entity.

Transferring a Business to a Family Member

Transferring a business to a family member is an exit strategy that legally requires a great deal of planning, paperwork, and patience. Before beginning the process, it is important to understand the tax implications, as well as any legal or other considerations that may need to be addressed. For example, if the business is a corporation, it is important to ensure that all shareholders are in agreement with the transfer.

The next step is to draft a legally binding agreement that outlines the terms of the transfer. This should include the value of the business, the method of payment, the responsibilities of the recipient, and any contingencies that may be necessary. It is also important to consider the tax consequences of the transfer, as this may have a significant impact on the financial future of the business and its owners.

Once the agreement is finalized and signed, the transfer can begin. This may involve transferring ownership of the business, transferring assets, and transferring any necessary licenses or permits. It is also important to consider the transition of employees and customers to the new owner.

Finally, it is important to ensure that all of the necessary paperwork is filed with the relevant governing bodies. This may include filing for a new business license or registration, or notifying the IRS of the transfer.

Transferring a business to a family member legally can quickly become a complicated and time consuming process, but it is a viable business exit strategy. It is important to understand the legal and financial considerations involved, as well as to ensure that all paperwork is completed correctly and filed with the relevant governing bodies. With the right preparation and planning, however, the transfer can be completed with minimal disruption to the business and its owners.

Business Succession Lawyer Free Consultation

When you need a business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.

Areas We Serve

We serve businesses and business owners for succession planning in the following locations:

Business Succession Lawyer Salt Lake City Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer St. George Utah

Business Succession Lawyer West Valley City Utah

Business Succession Lawyer Provo Utah

Business Succession Lawyer Sandy Utah

Business Succession Lawyer Orem Utah

Business Succession Lawyer Logan Utah

Business Succession Lawyer Lehi Utah

Business Succession Lawyer Murray Utah

Business Succession Lawyer Bountiful Utah

Business Succession Lawyer Eagle Mountain Utah

Estate Planning

Estate planning is also an important part of business succession planning. Estate planning involves the preparation of a will, trust, or other document that outlines the transfer of ownership and control of a business upon its owner’s death. It can also encompass the division of assets, liabilities, and taxes associated with the business. Estate planning can be especially important for family businesses, as it can help ensure that the business will be passed on to the next generation in the manner intended by the senior-generation owners.

The legal needs of business succession planning can be complex, and it is important to consult an experienced attorney to ensure that the process is handled correctly. Attorney Jeremy D. Eveland, MBA, JD, a lawyer based in Utah, focuses his practice in business succession planning and estate planning. We provide legal services to many business owners and families, from estate planning to buy/sell agreements. We use our knowledge and experience to help families and businesses navigate the complexities of business succession law and ensure that their goals for the future of their business are achieved.

Business succession planning involves more than just legal services. It requires careful consideration of many different issues, from the transfer of ownership and control to the division of assets and liabilities. It is important to consider the needs of the business, its employees, and its owners, as well as the future of the business. Attorney Jeremy Eveland understands the nuances of business succession planning, and our attorneys provide comprehensive legal services to ensure that the needs of the business and its owners are met.

What Is Business Law?

Business succession law is a set of laws that govern the transfer of ownership of a business from one owner to another. This type of law is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner.

Business succession law is primarily concerned with wills, intestacy, and the granting of probate. A will is a legal document that sets out the wishes of the deceased owner in regards to the transfer of ownership of the business. If the owner has not left a will, then the laws of intestate succession will apply. Intestate succession is a set of laws that govern the transfer of ownership of a business when the deceased owner did not leave a will. In either case, the court will grant a probate, which is a document that confirms the transfer of ownership of the business.

Alternative dispute resolution (ADR) is another important aspect of business succession law. ADR is a process in which parties attempt to resolve a dispute without going to court. This can include mediation, arbitration, or other forms of negotiation. ADR can be used to resolve disputes over the ownership of a business, as well as disputes over the distribution of assets or the payment of debts.

Business succession law also involves the transfer of ownership of stocks and other publicly traded securities. This includes the transfer of ownership of stock in a publicly traded company, as well as the transfer of ownership of other securities such as bonds and mutual funds. The transfer of ownership of stocks and other securities must be done in accordance with the laws of the jurisdiction in which the securities are traded.

Business succession law also involves the transfer of ownership of life insurance policies. This includes the transfer of ownership of life insurance policies from the deceased owner to the beneficiaries of the policy. The transfer of ownership must be done in accordance with the laws of the jurisdiction in which the policy is issued.

Sometimes, business succession law is concerned with wills, intestacy, the granting of probate, alternative dispute resolution, lawsuits and the transfer of ownership of stocks and other publicly traded securities. This is why your business succession lawyer needs to know about estate planning, estate administration and probate.

In addition to legal services, lawyer Eveland also offers specialized services related to business succession planning, such as: powers of attorney, last wills and testaments, advanced health care directives, revocable living trusts, irrevocable trusts, and more. Our team of experienced attorneys and advisors can help business owners and families evaluate their options and develop a comprehensive succession plan that meets their needs. Our attorneys provide advice on the various options available and help owners and families identify key employees and successors. We also provide guidance on issues such as estate planning, stock ownership, tax planning, and insurance.

We understand the complexities of business succession planning and provide comprehensive legal services to help business owners and families achieve their goals for the future of their business. Our attorneys and advisors are experienced in handling a variety of business succession issues, from the transfer of ownership and control to the division of assets and liabilities, and can provide the advice and guidance needed to ensure the continuity of the business and the protection of the owners’ interests. With our comprehensive services, we can help business owners and families develop a comprehensive business succession plan that meets their needs and ensures a successful transition for the business.

When you need legal help with business succession law in Utah, call attorney Jeremy Eveland for a business succession consultation (801) 613-1472 today.


This guide covers Business Succession Law and what you need to know.

Utah
From Wikipedia, the free encyclopedia
Jump to navigationJump to search
This article is about the U.S. state. For other uses, see Utah (disambiguation).
Coordinates: 39°N 111°W

Utah
State
State of Utah
Flag of Utah
Flag
Official seal of Utah
Seal
Nickname(s): “Beehive State” (official), “The Mormon State”, “Deseret”
Motto: Industry
Anthem: “Utah…This Is the Place”
Map of the United States with Utah highlighted
Map of the United States with Utah highlighted
Country United States
Before statehood Utah Territory
Admitted to the Union January 4, 1896 (45th)
Capital
(and largest city) Salt Lake City
Largest metro and urban areas Salt Lake City
Government
• Governor Spencer Cox (R)
• Lieutenant Governor Deidre Henderson (R)
Legislature State Legislature
• Upper house State Senate
• Lower house House of Representatives
Judiciary Utah Supreme Court
U.S. senators Mike Lee (R)
Mitt Romney (R)
U.S. House delegation 1: Blake Moore (R)
2: Chris Stewart (R)
3: John Curtis (R)
4: Burgess Owens (R) (list)
Area
• Total 84,899 sq mi (219,887 km2)
• Land 82,144 sq mi (212,761 km2)
• Water 2,755 sq mi (7,136 km2) 3.25%
• Rank 13th
Dimensions
• Length 350 mi (560 km)
• Width 270 mi (435 km)
Elevation 6,100 ft (1,860 m)
Highest elevation (Kings Peak[1][2][a]) 13,534 ft (4,120.3 m)
Lowest elevation (Beaver Dam Wash at Arizona border[2][a][3]) 2,180 ft (664.4 m)
Population (2020)
• Total 3,271,616[4]
• Rank 30th
• Density 36.53/sq mi (14.12/km2)
• Rank 41st
• Median household income $60,365[5]
• Income rank 11th
Demonym Utahn or Utahan[6]
Language
• Official language English
Time zone UTC−07:00 (Mountain)
• Summer (DST) UTC−06:00 (MDT)
USPS abbreviation
UT
ISO 3166 code US-UT
Traditional abbreviation Ut.
Latitude 37° N to 42° N
Longitude 109°3′ W to 114°3′ W
Website utah.gov
Utah state symbols
Flag of Utah.svg
Flag of Utah
Seal of Utah.svg
Living insignia
Bird California gull
Fish Bonneville cutthroat trout[7]
Flower Sego lily
Grass Indian ricegrass
Mammal Rocky Mountain Elk
Reptile Gila monster
Tree Quaking aspen
Inanimate insignia
Dance Square dance
Dinosaur Utahraptor
Firearm Browning M1911
Fossil Allosaurus
Gemstone Topaz
Mineral Copper[7]
Rock Coal[7]
Tartan Utah State Centennial Tartan
State route marker
Utah state route marker
State quarter
Utah quarter dollar coin
Released in 2007
Lists of United States state symbols
Utah (/ˈjuːtɑː/ YOO-tah, /ˈjuːtɔː/ (listen) YOO-taw) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.

Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.

People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.

Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]

[geocentric_weather id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_about id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_neighborhoods id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_thingstodo id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_busstops id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_mapembed id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_drivingdirections id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

[geocentric_reviews id=”79414f66-9f4c-4a1a-9eaa-8bbae65c0683″]

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

For legal assistance regarding Business Succession Law, contact Jeremy Eveland. We handle Business Succession Law cases and provide guidance on Business Succession Law for clients.

Visit USA.gov for official resources.

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer West Jordan Utah

Business Succession Lawyer West Jordan Utah helping a family business owner sign a succession plan and buy-sell agreement

Business Succession Lawyer West Jordan Utah

Last Updated: July 20, 2026

Do you need help from a Business Succession Lawyer West Jordan Utah business owners trust? Call attorney Jeremy Eveland at (801) 613-1472 for a free consultation. Business succession planning decides who owns, controls, and runs your company after you retire, become disabled, or pass away. Without a written plan, that decision gets made by a probate court, by a bank, or by whichever family member argues loudest.

This guide explains how business succession works under Utah law, which documents actually control the transfer, how owners fund a buyout, and what it costs to wait. If you own a company in West Jordan, South Jordan, Riverton, or anywhere in Salt Lake County, the planning steps below apply to you.

What a Business Succession Lawyer West Jordan Utah Owners Hire Actually Does

Succession planning is not one document. It is a set of agreements that have to point in the same direction. A business succession attorney reviews what you already have, finds the contradictions, and rewrites the pieces so the transfer happens the way you intend.

The core work includes:

  • Reading your governing documents. Your operating agreement, bylaws, or partnership agreement usually contains transfer restrictions that override your will. If your operating agreement says membership interests cannot transfer without unanimous consent, a bequest in your will does not defeat that restriction.
  • Drafting or fixing a buy-sell agreement. This is the single most important succession document for any company with more than one owner.
  • Coordinating the business plan with the estate plan. A revocable trust that never receives the LLC interest does nothing. Funding is where most plans fail.
  • Building the funding mechanism. Life insurance, disability buyout coverage, installment notes, or a sinking fund.
  • Handling the tax and valuation questions alongside your CPA so the price in the agreement is defensible.
  • Planning management succession, which is separate from ownership succession and frequently overlooked.

Why Business Succession Planning Fails Without a Lawyer

Most closely held companies in Utah have some version of a plan in the owner’s head. The plan collapses on contact with reality for predictable reasons.

The documents contradict each other. A will leaves the company to three children. The operating agreement requires the surviving members to approve any new member. The result is litigation between the estate and the surviving owners while the company loses customers.

Nobody funded the buyout. An agreement that obligates the company to buy a deceased owner’s 40% interest is worthless if the company cannot write that check. Forced buyouts drain working capital or trigger a fire sale.

The valuation formula is stale. A fixed dollar price set in 2014 has no relationship to what the company is worth in 2026. Agreements should use a formula or a required periodic appraisal, not a number.

The successor was never trained. Transferring stock is easy. Transferring vendor relationships, bank credit, key licenses, and employee loyalty takes years of deliberate handoff.

Personal guarantees were never addressed. If you personally guaranteed the lease and the line of credit, selling or gifting your ownership does not release you. The lender has to agree, and that is negotiated, not assumed.

The Buy-Sell Agreement: The Center of Every Succession Plan

A buy-sell agreement is a contract among the owners, and often the company itself, that controls what happens to an ownership interest when a triggering event occurs. It is the closest thing to a prenuptial agreement that a business has.

Triggering Events to Cover

  • Death of an owner
  • Long-term disability or incapacity
  • Retirement or voluntary withdrawal
  • Termination of employment
  • Divorce, where a spouse could receive an interest in a marital property division
  • Personal bankruptcy or a creditor charging order
  • An outside party offering to buy one owner out
  • Loss of a professional license, for licensed practices

Three Basic Structures

Cross-purchase. The remaining owners individually buy the departing owner’s interest. Each owner typically holds a policy on each other owner. It gives the buyers a stepped-up basis but gets unwieldy fast past three owners.

Entity redemption. The company itself buys back the interest. Simpler to administer with several owners because the company holds one policy per owner, but the surviving owners get no basis increase and corporate-level tax issues can arise.

Hybrid or wait-and-see. The agreement gives the company the first option and the remaining owners the backup option, with the decision deferred until the trigger actually happens. This is often the practical choice when the tax picture may change.

Valuation Methods

The agreement should say exactly how the price gets set. Common approaches include an agreed value certificate updated annually, a formula tied to earnings or revenue multiples, a mandatory independent appraisal at the time of the trigger, or a book value method with defined adjustments. A business valuation that is credible under scrutiny matters both for the buyout price and for federal estate tax reporting.

How Utah Law Affects Your Succession Plan

The entity statute you formed under supplies the default rules that apply when your documents are silent. Defaults are almost never what an owner would have chosen.

LLCs. Utah limited liability companies are governed by the Utah Revised Uniform Limited Liability Company Act, Utah Code Title 48, Chapter 3a. Under the default rules, a transferee of a membership interest generally receives only the economic rights to distributions, not management or voting rights, unless the other members consent. That means an heir can end up with a check but no seat at the table, or with no ability to force a sale, depending on how the agreement is written.

Corporations. Utah corporations operate under the Utah Revised Business Corporation Act, Utah Code Title 16, Chapter 10a. Shares are freely transferable unless a shareholders agreement, the bylaws, or a legend on the certificate restricts transfer. Most family companies want restrictions; the statute does not supply them for you.

Probate. If an interest passes through a will rather than a trust or a buy-sell, it goes through probate under the Utah Uniform Probate Code, Title 75. Probate is public, it takes months, and the personal representative may lack authority to make fast operating decisions. Our article on how long probate takes if there is no will explains the timeline in detail.

Marital property. Utah is an equitable distribution state. A divorce can put a portion of a business interest in play, which is why divorce belongs on the trigger list in every buy-sell agreement.

Family Business Succession in West Jordan Utah

Family companies carry a problem that partnerships do not: fairness and equality are not the same thing. One child runs the business. Two do not. Leaving all three an equal share of the company guarantees conflict, because the working child sees the others as passengers and the others see the working child as taking a salary out of their inheritance.

Workable approaches include:

  • Equalize outside the business. Leave the company to the child who runs it and balance the other children with life insurance, real estate, or retirement assets.
  • Split voting and nonvoting interests. The operating child receives voting control; the others receive nonvoting economic interests with a defined path to be bought out.
  • Separate the real estate. Many owners hold the building in a separate LLC and lease it back. Non-operating heirs can inherit the property LLC and receive rent without touching operations.
  • Use a written family employment policy. Define who can work in the business, what qualifications are required, and how compensation gets set before the transition, not after.

Only a minority of family businesses survive into the second generation, and fewer reach the third. The difference is almost always whether the transition was documented and rehearsed years in advance.

Selling to a Third Party or to Your Employees

Not every owner has a successor in the family. Two alternatives are common.

Third-party sale. This requires two to three years of preparation: clean financial statements, resolved litigation, assignable contracts, documented processes, and a management team that does not depend on you. Buyers discount heavily for owner dependence. Expect a letter of intent, a diligence period, and a purchase agreement with representations, warranties, indemnities, and often an escrow holdback and a noncompete.

Management or employee buyout. Key employees usually lack cash, so these deals are financed with seller notes, earnouts, or a phased transfer of equity over several years. The seller carries risk until the note is paid, which makes security interests, personal guarantees from the buyers, and default remedies critical.

Disability and Emergency Succession

Owners plan for death and ignore disability, which is statistically more likely during working years. A complete plan includes a durable power of attorney that specifically authorizes business decisions, a written definition of disability in the buy-sell agreement with a waiting period, disability buyout insurance, and standing authority for someone to sign checks and payroll on day one.

Choosing that person carefully matters; see our guide on who to name as power of attorney in Utah. For the sudden-loss scenario, read death of a business owner in Utah and emergency succession.

Write an emergency succession memo and keep it where your family can find it: who to call, where the bank accounts are, who holds the passwords, which vendors must be paid immediately, and who has interim authority.

Tax Considerations in Business Succession

Tax drives structure. Coordinate every step with your CPA.

  • Federal estate tax. The exemption is indexed and has changed repeatedly. Confirm the current threshold with the IRS estate tax page before assuming your estate is exempt. Utah imposes no separate state estate tax.
  • Basis step-up. Assets held at death generally receive a basis adjustment to fair market value. Lifetime gifts carry over the donor’s basis. This single difference often decides whether to gift now or transfer at death.
  • Entity type. S corporations have shareholder eligibility limits, and a transfer to the wrong type of trust can terminate the election. Check eligibility before any transfer.
  • Insurance proceeds. How life insurance is owned affects whether proceeds are included in the estate and whether a corporate-owned policy creates alternative minimum tax exposure.
  • Valuation discounts. Discounts for lack of control and lack of marketability can reduce transfer tax value, but they must be supported by a qualified appraisal.

Trusts are frequently the vehicle for the transfer. See our overview of trust administration in Utah and what a QTIP trust does in estate planning.

Business Succession Planning Timeline

Five or more years out. Choose the successor path. Begin training. Clean up the entity records, minutes, and cap table. Set the valuation method.

Three to five years out. Execute or update the buy-sell agreement. Put funding in place while you are still insurable. Reduce owner dependence by documenting processes and building the management team.

One to three years out. Begin transferring authority, not just equity. Introduce the successor to the bank, key customers, and vendors. Renegotiate personal guarantees. Update the estate plan so it matches the business documents.

The final year. Complete the transfer. Confirm licenses, permits, insurance, and contract assignments carry over. Document the seller’s post-closing role, whether that is consulting, a board seat, or a clean exit.

Common Mistakes to Avoid

  • Relying on a template operating agreement downloaded years ago and never read since
  • Naming a successor verbally and never writing it down
  • Leaving the buy-sell unfunded
  • Failing to update the plan after a divorce, a death, a new partner, or a major growth year
  • Ignoring the difference between ownership and management
  • Assuming a will controls an interest that the operating agreement restricts
  • Waiting until a health event forces the conversation, when options narrow and leverage disappears

Related Business and Estate Planning Topics

Frequently Asked Questions

When should I start business succession planning?

Now, regardless of your age. The plan takes three to five years to execute properly, and the events that trigger it are not scheduled. Owners who start early keep every option open; owners who start after a diagnosis have far fewer.

Does my will control what happens to my business?

Often not. Transfer restrictions in an operating agreement, bylaws, or shareholders agreement generally control over a will. If those documents conflict with your estate plan, the operating documents usually win and your family inherits a lawsuit.

How much does a business succession plan cost?

It depends on the number of owners, entity type, and whether valuation and tax planning are required. A buy-sell agreement for a two-owner company is a much smaller project than a multi-generational transfer with trusts and gifting. The cost of planning is consistently a fraction of the cost of litigation or a forced sale.

What happens if I have no succession plan?

The interest passes under your will or under Utah’s intestacy statutes, likely through probate. Surviving owners may be forced into partnership with your heirs, or your heirs may hold an interest with no voting rights and no buyer. Banks can call loans, and key employees leave during the uncertainty.

Can I keep the business in the family and still treat my children fairly?

Yes, but fairness usually requires equalizing outside the company rather than splitting it equally. Life insurance, real estate held in a separate entity, and nonvoting interests are the standard tools.

Do I need a new plan if I already have a trust?

You need the trust to actually own the interest and the operating agreement to permit that ownership. An unfunded trust and a restrictive operating agreement are the two most common reasons a plan fails at the moment it is needed.

Speak With a Business Succession Lawyer in West Jordan Utah

If you own a business in West Jordan, Utah and have not documented what happens to it when you stop running it, that is the gap worth closing this year. A Business Succession Lawyer West Jordan Utah owners can meet with will review your existing documents, identify the conflicts, and build a plan your family and partners can rely on.

Call attorney Jeremy Eveland at (801) 613-1472 for a free consultation on business succession planning, buy-sell agreements, and business estate planning.

Areas We Serve

We assist business owners throughout Utah, including West Jordan, South Jordan, Salt Lake City, West Valley City, Sandy, Draper, Riverton, Herriman, Murray, Taylorsville, Midvale, Bluffdale, Lehi, American Fork, Orem, Provo, Bountiful, Layton, Ogden, Park City, St. George, and Logan.

About West Jordan, Utah

West Jordan is a city in Salt Lake County, Utah, located in the southwestern portion of the Salt Lake Valley along the Jordan River. It is one of the largest cities in the state by population and supports a broad base of manufacturing, construction, retail, healthcare, and professional service businesses, many of them family owned and operated across multiple generations. Learn more about the city from West Jordan, Utah on Wikipedia.