Change in format

Something crazy happened the other day. I was offered a position as a corporate attorney for a biofuel company called Washakie Renewable Energy.  Thus, the Foulger Law Group will be very limited in scope. I still hope to blog on a variety of topics but just not quiet as often.  So please keep checking the posts out.  Thank you for all your support.

Jason

Divorce, does it have to get nasty?

Everyone knows someone that suffered the torments of hell going through divorce, and you also probably know someone who pulled it off without much fuss. Why are some divorces sensible and others catastrophic? Well that depends on various factors, including the personalities of the people involved, the importance of what's at stake, and sometimes on how much you rely on lawyers and courts to resolve troublesome issues. In general, the less you use the court, the less cost and heartache you'll have -- and in many cases, you'll get a better final result.

In theory, at least, it's simple: You usually do best if you and your spouse work out thorny issues together, perhaps with help from a neutral third person, such as a mediator or a trusted attorney. You keep control over such vital matters as how your children will be raised, what happens to the family home, and how your property will be divided. If you and your spouse can work these issues out yourselves -- and many, if not most, couples can -- you will save yourselves time, money, and anguish. More important, you will spare your children the ugly spectacle of extended parental fights, helping them come through the divorce as undamaged as possible.

If you are able to resolve the big questions of children, money, and property, you then just need to petition the court, in writing, to grant a divorce. But how do you make sure that each party will keep their word when an issue pops up in the future.  It's best to have an attorney draft your divorce papers to ensure that both parties will stick to their commitments.  There is a reason you are getting divorced, and usually trust is one component. So make sure you have a clear understanding in writing to make sure each party will be held accountable.

If the situation gets testy you become emotionally distraught or angry, turning all the details and hassle of a divorce over to a divorce lawyer may seem like a perfect solution. Unfortunately, it doesn't always simplify things. It's all about the lawyer you hire, so it's critically important that you find the right one. If you want a lawyer's help but you still want to keep your divorce civil, make sure you hire a lawyer who will support that approach. When you interview lawyers you're considering, ask them whether they feel favorable about negotiating a settlement rather than fighting it out in court. Lawyers operate under a prime directive: the zealous pursuit of their client's interests. If you make sure to let the lawyer know that your interest is in an amicable divorce, then that's what you should get.

Unfortunately, some lawyers make it a practice to be as aggressive as possible, and if your spouse finds a lawyer like that, you may have to fight fire with fire. In these cases, unfortunately, the battle can go on and on, intensifying in passion, until the clients run out of money and limp to the settlement table.

Worse, if there are children, the fight depletes not only your pocketbook, but also your children's sense of security. Once the legal fight is over, trying to establish a normal ongoing parenting relationship between both parents and the children can be very difficult.

The Foulger Law Group listens to you and your needs.  We will custom tailor your divorce strategies around your objectives and your pocketbook.  There are times when you may want to be aggressive, such as child support and visitation, and other time when you are more cooperative. At the Foulger Law Group we want to be your advocate, we will advise you as to the strengths and weakness of your concerns and give you the honest answers and it may not be what you want to hear.  We believe in be upfront and letting you be the decision making. So if you or anyone you know needs a good honest divorce attorney please call Jason Foulger at the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake City

My Day in Court, maybe not

I recently was told about couple who had a grievance with their home builder and filed suit in small claims court.  Excited about the possibilities of finally get their day in court and resolving their issues with the home builder their day went from a day of hope to their worst nightmare.  With out getting into all to details, the small claims judge ruled on a motion to dismiss before any evidence was heard.  After reviewing the documents related to the motion, the judge ruled in favor of the defendant home builder, case closed. 

Well, you can image how the homeowner felt, a huge slap in the face disappointed in the legal systems, and a sence of complete failure.  Fortunately, they can appeal this ruling but it still stings when because of some formalities one does not get his chance to air their side of the story.

Is there a moral to this story, well maybe NOT. No one will really know if an attorney could have done much better. So the fact that they were representing themselves is not the issue.  I would suggest that this outcome may never have been avoided.  There are so many times when judges are confronted by difficult situation and if they can find an easy way out they take it.  That could have been the case here.  Had the judge ruled against the defendant and the trial would have gone forward, the judge at the end of the trial may have had a really hard decision.  However, he was given a get out of jail card or took the road frequently traveled and out of convenience took it.  Is this really what we want our judiciary doing. I would say not.

I guess this has become more of a commentary rather than anything really legal but you all should be aware that the legal system is not always fair.  Sometime he who has the biggest pocket book and can basically bleed the other party to death or until they must accept a less amount or even no amount at all.

Attorneys sometimes can level the playing field but in this situation it may not have mattered. I guess what I am say is even the best attorney are no match sometimes for the judicial bureaucracy. However, it never hurts to retain an attorney.

So to everyone out there that feels that they have been wrong, don't give up hope.  These folks I mentioned above are going to appeal the small claims judges ruling, so hopefully they will get their day in court and at least be able to present their story.  That is all they really want is to tell their story, if then the judge disagrees at least they were heard. I wish them the best of luck.

If you are going to court and would like some advice on how to handle your case, the Foulger Law group is available to answer questions or even be retained to help you put to together an argument for court.  Don't get caught off guard. You can contact Jason Foulger at 801-623-6766 in Provo and 801-682-1199 in Salt Lake.

I don't need an attorney

I want a solution to my problem. I want a cost effective answer. Why should I bring a lawyer into it if I don’t need one? I can just Google the problem, find a document that will fix my problem, and handle it myself. No conflict, no bills, no problem.  I can do everything myself. I do most of the repairs on my house myself. I am a professional. I do my job and I do it well. I have built a life for myself all by myself. All I need is a legal document that I can find on the Internet for a hundred bucks. Right?

Maybe.

I can't tell you how many times I've had clients come into my office and say I thought I could do this myself only to find themselves deep into a situation that they can't get out of.  Whether its a personal injury case, divorce, collection matter or criminal case some people just think they can do it themselves.

Wouldn't you agree that if you are writing a will and you have no assets, maybe it would be better to pay a few hundred dollars now and hire a lawyer, then when you have children you don't have to do your will all over again. Or pay a little now to ensure that employee really won’t compete with you and steal your clients after he or she leaves.  There are literally hundreds of thousands of examples where hiring an attorney with a solution could have avoided complicated legal problems which were unexpected. I hear about them every day.

So go find a good solution. Maybe a lawyer can guide you to that solution.  Find an attorney who provides value through legal services which protect you, your business, your assets, and your loved ones. While it is true you could try and save a dollar here or there but in the long run you will avoid headaches and potentially save you a lot of money.  Just ask one of my clients who was hiring employees as independent contractors,  The state finally caught up with him and he owes over $90,000 for employment related taxes.  Had he spoke with an attorney he would have been advised about this practice and saved a lot of money. 

So think twice about going to the Internet to find you solutions to your problems. Call an attorney like Jason C. Foulger of the Foulger law Group.  All initial consultations are free and you will at least get some peace of mind.  Contact Jason Foulger at 801-623-6766 in Provo and 801-682-1199 in Salt Lake.  Jason handles a variety of cases including personal injury, criminal defense, divorce and child custody and support, collections, entertainment law, contracts, landlord/tenant and much more.

What to ask your attorney BEFORE you hire him

The questions you should ask will vary with your case. Consider the following list to be a starting point:

• What are your areas of specialization?
• What is the cost of the intial consultation?
• How long have you been practicing law? 
• Have you handled cases like mine before? How many? What was the outcome?
• Will you be the only attorney who works on the case? If not, who else will work on it?
• How long will it take for this case to be resolved?
• How much will my case cost? Can you take my case on a contingent fee basis?
• Can I do some of the work on the case to keep the cost down?
• Are there things I should do to improve my case, or to help you?
• How will you keep me informed about the progress of my case?
• If I contact your office with questions, how long will you take to return my call?
• If you are unavailable or on vacation, who can I speak to about my case?
• Can I reach you after hours, if I have an emergency?
• How often do you go to trial?
• If I am not happy with a settlement offer, and you want to settle, will you go to court anyway?
• If I am happy with the offer, but you think we can win more at trial, will you follow my wishes?
• Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
• What "continuing legal education" courses have you attended during the past few years?

At the Foulger Law Group we will answer each and every question you may have.  You will always meet with an attorney and your calls will be promptly returned.  The goal at the Foulger Law group is to provide you with competent, efficient and reasonably priced legal services.  Please call Jason Foulger today at 801-623-6766 in Provo and 801-682-1199 in Salt Lake.

Contract negotiations are tricky business

A contract agreement is a document signed by and between two (or sometimes more) parties to formalize agreements. Signing a contract makes an agreement legal and binding. This means that whatever stipulations written on the contract are legally enforceable. A contract also contains the formal agreements, the details of which can be outlined on the contract itself, or sometimes in attached addenda and annexes. Should any party breach the agreements on a written agreement, they can be liable for civil damages under the law.

Contract negotiations are often done between any two parties that need to agree to certain terms. Negotiations are done to make sure that the contract is fair and impartial, and that it does not grant either party too much bias. Some common items negotiated in a contract are financial matters, deliverables, timelines, and penalties.

 

You might find yourself negotiating a contract one time or another. This could be for a mortgage or loan with your bank, or a lease agreement with a landlord or tenant. You could be negotiating a contract for employment, or a business agreement with a supplier or contractor. When negotiating contract agreements, here are a few things to remember.

 

Are the terms of the contract fair and attainable? Contracts are meant as agreements by both parties to do some act. For a landlord, for instance, it’s to provide the tenant living or office space. For the tenant, it’s to pay the monthly rent, and to keep the premises clean and livable. For businesses, it’s either to commit to supply or buy a certain quantity of goods. When negotiating such a contract, the first thing you should consider is whether the terms are agreeable to your end, and whether the terms are fair.

 

When contracts are one-sided, it might be difficult for the aggrieved party to fulfill the terms. Therefore there is a higher likelihood of default or breach. Negotiate for terms that are favorable and fair to both yourself and the other party.

 

Are the terms clear? Sometimes, contracts might be riddled with legal loopholes. These can be easily exploited by any skilled lawyer, in the event that either party breaches the agreements. To avoid any confusion, make sure that the terms of the contract are stated clearly, unequivocally and unambiguously. This means the statements should be exact. Sometimes even the placement of punctuations like commas, periods and the like could change the meaning of a sentence from the intended.

 

What are the exit options? No agreement is perfect, as sometimes real world situations call for either party to call off the agreement. For instance, a lessee might want to terminate the lease before end of contract. Or a supplier might not be able to meet up with demands. A contract should stipulate the exit options, whether these are agreeable to both parties, or under penalty. For instance, a party can be penalized with an immediate cancellation of the contract if he is unable to meet certain conditions. However, these exit options should include a reasonable lead time, usually 30 days upon notice.

Contract agreements are important in that they build confidence between and among the parties that sign into the said agreement. Formalizing one’s intentions gives all parties the assurance that these agreements will be carried out faithfully. Therefore, parties who will enter into contracts should make sure that these are fair and doable, and that there is no unnecessary bias.

 

To ensure that you are not getting taken advantage of, need a skilled attorney to assist you in both negotiating and drafting your contracts.  Jason Foulger of the Foulger Law Group has assisted business clients with all manners of contracts.  If you or someone you knows needs help with drafting or negotiating a contract please call Jason Foulger with the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake.

What is a Trust

Not many people understand what a Trust is and how it differs from a Will. There are many types of Trusts, but the one main benefit of all Trusts is how they will keep your estate out of probate after your death.   

The main difference between a Trust and a Will is the fact that your property won't go through probate when you die. With a Will the transfer of property takes place at your death and will need to go through the court system, (probate) to determine the legalities of the will and the properties being dispersed. During probate much of the estate is taken by taxes and sometimes attorneys. When you create a Trust you transfer your properties to it while you are still alive and it continues on through your death. According to financial planning experts the first "Trusts" were done as much as two thousand years ago during the reign of Augustus Ceaser. It is thought that a Roman citizen wanted to pass on his property to his children but his wife was not Roman and therefore the children could not have the property. He left all his property to a Roman friend who promised that when he died he would use the property to take care of his children. This way he side stepped the law. He trusted his friend to do what he wanted with his property after his death, thus the term "˜Trust' came about.
                                                            
When you create a Trust you transfer all your property, assets,  bank accounts, securities, real estate to a person or persons you "Trust". You no longer own these assests, the "Trust" does. You still have access to all these assets while you are alive. You instruct your Trust to pay out all income to you during your lifetime, and on your death whatever is left would be given to your beneficiaries. You can put instructions in the Trust as to who has access to it. Your property will avoid probate after you die. You will need to appoint a trustee to take care of the Trust and follow it's directions. The neat part is, you can be your own trustee. You can be the person that is responsible for taking care of all of the assets while you are alive. You can still control your assets and decide what you want to do with them. After your death your Trust would be passed on to a successor trustee that was named in your original Trust. There are many differences with the wording of Trusts and many different types of Trusts. However, there are two basic distinctions the Living Trust and the Testamentary Trust. A Living Trust is created and instated while you are alive. A Testamentary Trust is carried out after your death from instructions given while you were alive. There is also the distinction of revocable and irrevocable Trusts. A revocable Trust can be changed, added to, taken from or stopped at anytime by the person instating it. If the Trust does not specifically state that the Trust can be revoked or amended,then it is an irrevocable Trust and can not be altered, ever. Trusts can be created for many reasons, some reasons to create a Trust include to run and support a business, take care of minors,  pay for medical bills,  create a scholarship fund, hold real estate, cash, securities or property,  avoid probate, save on Federal taxes and to hold all your assets together for future instructions.

Whomever is appointed as trustee must follow the rules of the Trust and can not go against your instructions. As said earlier, you can appoint yourself as trustee or another friend or family member. Or, you can appoint a corporate trustee. A corporate trustee is usually a lawyer, accountant, bank or trust company that is chartered to be a trustee. They will charge you fees to take care of your Trust. They will also be able to invest your assets in a more educated manner than unqualified trustees.

When a Trust is done right, it will protect your assets in many ways. It can protect your assets from probate after your death. Save on estate taxes. Keep all assets out of creditor's clutches. Keep your property away from a divorcee. If you or some one you know needs a trust or general estate planning please call Jason Foulger at the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake.  Initial consultations are free.