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.

What is a covenant not to compete

A covenant not to compete, or a non-compete clause, is an agreement in which one party agrees not to work for the other party’s direct competition in a specified area for a certain amount of time. While a covenant not to compete is generally found in an employment contract, it can be found in contracts for the sale of a business as well.

While courts do not like covenants not to compete because they restrict competition, courts will often enforce them if the covenant meets certain legal standards. Each state has its own laws, which determine an enforceable covenant not to compete. However, while some states define an enforceable covenant not to compete more narrowly than other states, most follow similar criteria in determining whether the covenant is legally enforceable.

In the employment context, an enforceable covenant not to compete must generally protect a legitimate business interest of the employer. However, this does not mean that an employer may prevent the employee from working for a competitor, just because there will be a loss of business for them. The employer must have specific business interests at stake, such as the prevention of their competition learning their trade secrets.

Customer relationships may also be considered a legitimate business interest. This means that a covenant not to compete may legally prohibit an employee from bringing the customers from their old job, to their new one. As with any enforceable contract, a covenant not to compete must also be supported by consideration. When an employee signs a covenant not to compete before they begin their employment, the employment is the consideration.

When a covenant not to compete is signed after employment, it also must be supported by consideration, such as a promotion. Finally, a covenant not to compete must not unduly burden the employee's right to make a living. This means that the covenant must be reasonable in its scope and duration. For example, if a covenant not to compete denies the employee the right to work for any competitor in the regional area, a court is more likely to find that this covenant is more reasonable than one that denies the employee the right to work for any competitor in the entire United States. However, this factor can vary greatly depending on the employee’s  type of business or industry.
A covenant not to compete may also appear in some contracts for the sale of a business. In these circumstances, the buyer will have the seller sign an agreement that states that they will not open a competing business within a regional area, within a specific duration of time.

Generally, a legitimate business interest will also make a covenant not to compete enforceable in the context of a sale of a business. Further, courts tend to construe this more liberally in these types of contracts than they do in the employment context. These covenants must also be reasonable however, and not unduly infringe on the seller’s right to make a living.

If you or someone you know has been asked to sign a covenant not to compete or if your business wants to have its employment agreements contain a covenant not to complete please call Jason Foulger with the Foulger Law Group at 801-623-6766 in Provo and 801-682-1199 in Salt Lake.

What is copyright protection

Copyright protection arises the moment an author fixes a work in tangible form without the author having to do anything. In other words, if your work is complete you have copyright protection.
Then why should you file? The basic copyright protection that comes with simply completing your work doesn’t cover everything. Although it provides you with rights, it doesn’t allow you to pursue damages against those that violate those rights.

Only by filing your work with the US Copyright Office do you establish a public record of your copyright, enabling you to seek damages if your copyright is violated. Without filing with the US Copyright Office, you can not be compensated for any violations of your work.

Copyright protection means that YOU decide who can use your work and for what purpose. Once you’ve established your copyright, no one else can use your work without your permission. Copyrighting your work gives you control over how your work is used and represented.
Obtaining copyright protection under US copyright law is a smart and necessary step for anyone serious about their work. Whether an author, developer, photographer, artist or musician, if you value your work you owe it to yourself to copyright that work.

If you or someone you know needs assistance in filing your work with the US Copyright office please call Jason Foulger at the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake City. 

Why a personal injury lawyer

The job of a personal injury lawyer is to make sure that whatever injuries you face in your life are dealt with accordingly and that all damages that are owed to you are paid accordingly. Even though many people believe that a personal injury lawyer is not really an important person to hire, you should know that hiring a personal injury lawyer can easily solve a great deal of problems for you. In case you get injured by a third party, it is hugely important for you to get the complete amount of compensation that is owed to you, or otherwise you will be a victim of injustice.

Even if you think that you are a peaceful person and do not always get involved in fights and skirmishes, there are certain occasions when resisting a fight becomes next to impossible. For instance, in case you get involved in a car accident, there are chances that personal injuries might be incurred at both ends. However, if you are unable to clear out as to who was at fault during the accident, the only person that can help you file a lawsuit to get your case resolved is personal injury attorney. Even if you have car insurance, it is still very important for you to have a personal injury lawyer to make sure that you are relieved of all problems later on.

The job of a lawyer is to make sure that those people who dealt you bodily harm are brought to justice and are duly punished. The personal lawyer generally files a case in court, which is then heard by a jury in order to find a solution. This makes it much easier for people to get their side of the story cleared out, making it easy for them to demand for justice, and get it if deserved. However, rather than fighting your case on your own, it would be so much wiser for you to hire an lawyer in order to get your chances of winning the case raised.

A lawyer holds all the information that is required in order to win a case of personal injury. For instance, if there are any sort of complications that might occur in your case, your lawyer would be at hand to make sure that all of the work is sorted out and the case turns out in your favor if you are right in your cause. In order for you to be able to hire a lawyer to fight your case, it is extremely important for you to know that a good lawyer is required.

Different lawyers that have different reputations of successful cases will charge fees depending on their success ratio. However, your needs will also vary, because personal injury cases are not quite common that you would require a high profile lawyer. However, the job of a lawyer that deals with personal injury issues is quite important, and for people who do get caught up in fights or accidents, the attorney can play a very important part in ensuring that you get compensated properly for all of the damage that has been caused to you.

The Foulger Law Group has years of experience handling personal injuries cases. Jason Foulger, work for years for the insurance companies and knows the ins and outs of how they think and value case.  Jason no uses this knowledge to help injury victims. This inside knowledge helps to get the maximum value for each of his client. Jason can help you too.  Please call the Foulger Law Group at 801-623-6766 in Provo and 801-682-1199 in Salt Lake.

Should I fire my attorney

When a client loses faith or trust in his attorney the client may consider firing his lawyer. However, before jumping to the conclusion that it is time to end the relationship, you should consider several factors. First, ask yourself why you are unhappy with your attorney.

One reason may be becasue your attorney fails to return phone calls or fails to keep you properly apprised of the status of your case. I would recommend discussing your feelings with your attorney before your fire him or her. Most lawyers work on many cases at one time and your lawyer might be tied up in a trial, deposition or out of town on another case. If he has not returned your phone calls, there may be a good reason.

E-mail is a great way of communicating with your attorney. If he cannot immediately return your phone call, most lawyers can quickly send an e-mail to let you know about his situation and when he can more fully respond. Failing to communicate with clients is one of the biggest complaints clients make to lawyers, especially personal injury lawyers. However, if your lawyer is otherwise very competent, it is worth while to discuss your concerns with him and devise solutions for future updates.

Clients discuss their cases with friends, family and other lawyers they may meet during their case. If you get advice from another lawyer or friend advising you to fire your existing attorney and hire a new one, beware! The advice you get from these sources is based upon information you provide to them which may not accurately set forth the particular legal issues and ramifications of the facts involved in your case. All too often, a client fires his attorney only to have his "new" attorney tell them what the prior attorney said.

Do not fire your attorney because he is not telling you what you want to hear.  So many time clients can gt upset because the case is not going the way the client thought it should go.  Many times a client will fire an attorney only to find out that his analysis was right on. Think long and hard before making a hasty decision.

Another fact to keep in mind is that the lawyer you fire will likely have a lien or claim against the case to recover the fair and reasonable value of the time he spent on the case. This lien may take the form of a percentage of the fee or an hourly rate for the documented hours spent on the case. Your "new" lawyer may not be willing to expend the time and money necessary to properly handle your case if he must give up a large fee to your previous lawyer. Or, your "new" lawyer may attempt to charge you a higher fee to account for the fee he must give to the prior lawyer. Some lawyer contracts make the client responsible for the costs involved in the case. Be prepared in those instances to pay your lawyer's costs when you terminate his representation.

If you do decide to fire your lawyer, do it in writing. You letter should give instruction as to where he needs to send your file.  Do not threaten your lawyer with reporting to the bar association. This will only strengthen his resolve to intervene into your case and recover the entirety of his fee. Do not send a carbon copy of your termination letter to the local bar association unless his conduct has been illegal or clearly unethical.

Most attorneys respect that legitimate differences of opinion or strategy may mean that the relationship must end. However, the best lawyers want only what is in the client's best interest. If it becomes apparent that the client is better served by another lawyer, then he should be happy to relinquish the case for the good of the client.

Ending any relationship is never fun, but there are times that it is necessary.  Many people do not know attorneys personally and they make a bad decision on who they retain. Like nay profession there are good and bad attorneys. Fortunately you can change your mind. 

If for any reason you are dissatisfied with your attorney or would like a second opinion please consider the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake.

What to do if you are arrested

1. Do not resist arrest, even if you believe you are innocent. You will be arrested anyway, and then you'll have the additional charge of Resisting Arrest. Also, the police are more likely to hurt people who resist arrest.

2. If you are told that you are under arrest, give only the name, address, and telephone number of you, your immediate family, and your employer. This information is needed in setting bail.

 

3. You have a right to remain silent. Say only, "I want to talk to a lawyer." If the police continue to question you, do not answer. Also, do not speak on a video tape or to a district attorney about anything. Remember, it's in the police officers' best interest to get you to incriminate yourself. If you're arrested with somebody else, don't talk with them about the incident in the back of the police car even when the police are not in the car; many police cars now secretly make video or audio recordings of such conversations.

 

4. You have a right to make one phone call to your family, lawyer, or organization (remember the phone you use may be tapped).

 

5. Do not act defiant or talk about filing complaints. You do not want the police to retaliate against you while you're in their custody.

 

6. You will be handcuffed searched, photographed, and finger-printed.

 

7. Try to get the names and badge numbers of the police who arrested you or deal with you in the police station. (This information is your right.)

If you or someone you know has been arrested and charged with a crime please call Jason Foulger at the Foulger Law Group at 801-623-6766 Provo or 801-682-1199 in Salt Lake.

New office address and phone numbers

The Foulger Law Group has a new address and phone numbers.

The main office address is 86 N. University Ave. Suite 400 Provo Utah 84601

Phone numbers are 801-623-6766 in Provo and 801-682-1199 in Salt Lake.

Contemplating Divorce?

You are not alone. Over 55% of first-time marriages in the United States result in divorce and over 70% of second-time marriages also end in divorce.

Since you are contemplating divorce it is very important that your get a good understanding of what you may experience. You do not want to be unprepared or uneducated before making this life changing decision. Please keep in mind that the more amicable your relationship is prior to and/or during your divorce the more likely you will lessen the emotional and financial burdens caused by ending your marriage.

If this is the second time you have been through the divorce process, you should be able to draw on your past experiences from the first go around. The level of stress, in the majority of cases, suffered on the second time around is not nearly as great as the first.

All marriages have good and bad times. Marriage is an emotional roller coaster and this is a reality of all relationships. But, by becoming married you assume these conditions and those responsibilities that go with it. Wedding vows state for better for worse, for richer for poor ... Unfortunately, there are many individuals, in those times of bad, who decide to jump ship and abandon the relationship. The bottom line is, they do not want or desire to ride in rough seas.

Is there hope for your marriage? Yes. Every marriage has hope! Do you really despise your spouse that much that you want a divorce? If you want to give it another shot, then take a good look at yourself, your spouse and your marriage and try to figure out exactly what is wrong. Is it financial pressure? Or is it a number of minor problems that seem to be adding up? There are many steps you can take to improve your marriage, but you need to stop, evaluate, and take a strong look at the problems that exist. Once your problems are identified address them slowly one by one.

However, there are times when you just can't move on and divorce is the only option. If this is the case please call Jason C. Foulger at the Foulger Law Group at 801-615-1951.  Jason Has helped hundreds of people resolve there marital discourse. Please call now for a free consultation.

I just want my medicall bills paid.

Many times people say, “You know, I just want my bills paid, Jason. I just want the insurance company to pay my medical bills. Why do I need a lawyer for that?” First off, insurance companies don’t just pay medical bills. They look for ways to argue that those bills are too high. They’ll tell you your chiropractor’s bill is too high. They’ll tell you the emergency room should not have ran those tests, that you didn’t need those MRIs because they didn’t show anything was wrong. They’ll argue that since you went to the emergency room right after the accident and your blood pressure was high and they admitted you, that it's not their fault; you had blood pressure problems before the accident. They’re going to ignore the fact that the pain and the stress of the accident is what caused your blood pressure to be uncontrollable. They’re going to argue that your chiropractor was charging too much money and that his fee is unreasonable, like that’s your fault. They’re going to argue that the chiropractor or the physical therapist or the orthopedist should not have treated you for as long as he or she did. They’re going to argue that you weren’t really in that much pain, that you just went to the doctor because you thought it was fun and enjoyable. Those aren’t the exact words they’ll use, but that’s what they’ll imply. They’ll imply that you just ran up the bill because you thought you’d get more money. They’ll imply that you just wanted to go to the doctor. They’ll imply that the condition you had surgery for was not related to the accident, even if your back pain was controllable by medication prior to the accident and your medication had not changed in two years before the accident. They’re going to argue that’s not their fault.

If it were as easy as them just paying the medical bills maybe it would be okay. And they’ll talk to you like it will be until after you’ve run up all those medical bills; then suddenly they start fighting you. Well, it’s a little late once you’ve got the bills to be talking about whether they’re going to pay them or not. They’ll tell you, well, we’ll pay for reasonable medical care. What is reasonable medical care? Well, they’re the ones who are telling you what’s reasonable or not; not you, not your doctor. Their computer system calculates what is “reasonable” based on the severity of your property damage and the medical diagnosis. So, if you want the insurance company to determine what’s reasonable, how much medical care is reasonable, how much a reasonable bill is and how much was a reasonable length of time for you to go to the doctor, then do so. But if you want to leave it up to your medical doctor and you, then you probably need to get a lawyer to help you.

If you have been injured in a car accident please call Jason C. Foulger at The Foulger Law Group not only will get your bills paid, we will get you all the money that you are entitled to.  Please call at 801-615-1951.

Collection after getting your judgment

You won your court case and the judge signed an Order stating that the defendant owes you quite a bit of money. The appeals court has dismissed the defendant’s appeal and the whole ordeal with the defendant should be shrinking into little more than a bad memory. Break out that expensive champagne and celebrate victory, because the defendant, now known as the “judgment debtor”, is picking up the tab for the festivities. NOT SO FAST!!!

Since the abolition of debtor’s prison in 1833, most court orders commanding the payment of money, also known as “money judgments”, are not enforced through the coercive power of the court’s contempt authority. Rather, money judgments are enforced by the plaintiff, now called the “judgment creditor”. The judgment creditor may utilize court processes to collect the judgment, but the court will not on its own initiative collect a judgment for the judgment creditor.

Complicating the situation is that there is no federal law governing the collection of judgments, nor is there a unified database of judgments and collection information. It is therefore no surprise that a May, 2001 article by Arlene Hirsch of the Wall Street Journal’s Startup Journal reported that approximately 80% of money judgments in the United States go uncollected. Collection law constitutes a vast field of legal doctrines arranged in an amalgamation of (sometimes conflicting) state law about which most lawyers know very little. Making matters worse is that most collection proceedings are considered to be in “derogation of the common law”, meaning that the procedural requirements must be strictly adhered to or the proceeding is deemed to be a legal nullity. This concept, in and of itself, is an interesting proposition as the common law method of collecting a debt was to have the judgment debtor sent off to debtor’s prison.

By way of introduction to the topic of legal collections, there are typically four (4) major categories of collection procedures to obtain satisfaction of a judgment: garnishment, debtor exams, actual levy and liens. The purpose of this post is to provide a very general overview of each method. Of course, each method has its own unique benefits and risks, so this post is not meant to constitute legal advice. If you have questions regarding your rights, you should contact an experienced collection attorney.

The lien is probably the easiest collection method to understand, but it is often the least effective and slowest to recover money. Nearly every jurisdiction in the United States has a statute that either by operation of law or through some relatively simple procedures transforms a money judgment into a lien against the real or personal property of the judgment debtor. A creditor can utilize these statutes to collect a judgment from real estate by the following: find real property of the judgment debtor, docket the judgment in the jurisdiction where the property is located and wait until the debtor attempts to sell or refinance the property. Most states require judgment liens to be satisfied out of the proceeds of a sale of real property and the judgment debtor is generally not able to refinance without paying off judgment liens. On the other hand the judgment creditor can be more aggressive and execute on the judgment by selling the real property, but each jurisdiction has procedures that govern how to execute on the judgment against real estate. Liens on personal property work in much the same way, but are not usually as effective as liens on real estate because of the easy transferability of personal property.

The actual levy, in contrast to the lien, is probably the most difficult collection method to successfully pursue. That said, it is sometimes the best (and only) way to recover money. The actual levy is the means used by a judgment creditor to seize the tangible assets of the judgment debtor, including cash. In most states the actual levy is performed by the sheriff, marshal or court security officer at the request of the judgment creditor; the seizure involves the sheriff taking items of personal property belonging to the judgment debtor and selling them in a commercially reasonable manner. Many judgment creditors, after years of squabbling and litigating against a judgment debtor take particular satisfaction in having the sheriff take the judgment debtor’s car, farm equipment or jewelry. In some circumstances, this is a very effective method of satisfying a judgment, particularly if the judgment debtor owns valuable jewelry orshares of stock. Many states, however, require the judgment creditor to post a bond with the sheriff before the sheriff will engage in a levy. The items seized at levy may also be insufficient to satisfy the judgment after sale. Moreover, the procedural requirements for a seizure can be considerable. In many cases, the judgment debtor retains a bit of a trump card over the actual levy through the use of statutory exemptions or bankruptcy. However, if the judgment debtor’s only assets are stock or other tangible personal property or if the judgment debtor maintains a considerable inventory, the actual levy may be the best way to go. Seizure of the cash from a retail establishment, known as a “till tap”, can realize results, and make a statement to the judgment debtor.

Similar to the actual levy, but designed to reach intangible personal property is the garnishment action. Different states have different names for this procedure, but every state has a similar procedure that allows the judgment creditor to intercept assets payable to the judgment debtor by third parties. Customarily this is utilized to seize bank accounts or to intercept wages, but can also be used to intercept rental receipts, contract payments, proceeds from the sale of a business and any other item of intangible personal property. This collection method, like the actual levy, is subject to various statutory exemptions. However, in most states, the garnishment procedure is far more straightforward than the procedure for an actual levy. Moreover, a bond is usually unnecessary.

Debtor Interrogatories are used to determine the location of the assets of the judgment debtor. Some states have statutes authorizing the use of independent debtor interrogatory proceedings where the judgment debtor is put under oath by a judge and required to answer questions about the debtor’s assets, income, expenses and financial situation. If those questions reveal assets, then, in some circumstances, the judge is empowered to order turnover of those assets to the judgment creditor under the pains and penalties of contempt. Other states simply allow the judgment creditor to conduct a deposition of the judgment debtor, but the judgment debtor must determine how to seize such assets. The power of the debtor interrogatories depends in large part upon what is authorized by state statute. In addition to questioning the judgment debtor, the judgment creditor can require the judgment debtor provide financial records, such as bank account and brokerage statements.

Uninsured Vs. Underinsured

Utah  law requires minimum liability insurance coverage of $25,000 for one individual and $65,000 for more than one individual for bodily injury or death. However, some individuals get their license plates each year by paying the minimum insurance premium and then letting the coverage lapse for nonpayment. This is one reason why the risk of encountering an uninsured driver in Utah is so high.

Uninsured motorist coverage (UM) was designed to provide a source of recovery when a driver without insurance causes harm. With UM coverage, the insurer pays the insured the damages the insured would have recovered had the other driver been insured, subject of course to the UM policy limit.

Underinsured motorist coverage (UIM) goes one step further, allowing the insured victim to recover from his or her insurer damages sustained in an accident with an underinsured driver, or, put another way, a driver who has inadequate coverage to compensate for the injuries that are caused.

It is advisable to have both UM and UIM coverage on your vehicles.  I can't tell you haw many times I have witnessed a victim of a major accident get less than what they deserved to save a few dollars a years on insurance. UM and UIM coverage is relatively inexpensive and can provided that much need layer of insurance coverage.  Please contact my office to learn more about what limits you should have on your car to protect you.  Call Jason C. Foulger of the Foulger Law Group at 801-615-1951.

What is a Living Will

A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments. It can also be referred to as an advance directive, health care directive, or a physician's directive. It is important to have a living will as it informs your health care providers and your family about your desires for medical treatment in the event you are not able to speak for yourself. The requirements for a living will vary by state so you may want to have a lawyer prepare your living will.

Generally, a living will describes certain life prolonging treatments. You, the declarant, indicate which treatments you do or do not want applied to you in the event you either suffer from a terminal illness or are in a permanent vegetative state. A living will does not become effective unless you are incapacitated; until then you'll be able to say what treatments you do or don't want.

They usually require a certification by your doctor and another doctor that you are either suffering from a terminal illness or permanently unconscious before they become effective as well. This means that if you suffer a heart attack, for example, but otherwise do not have any terminal illness and are not permanently unconscious, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don't want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless.

For situations where you are incapacitated and therefore not able to speak for yourself, but your health is not so dire that your living will becomes effective, you should have a health care power of attorney or health care proxy. A health care power of attorney is a legal document that gives someone else the authority to make health care decisions for you in the event you are incapacitated. The person you designate to make health care decisions on your behalf is supposed to consider what you would want, so be sure to talk with them about it. It may be a difficult conversation, but you're asking someone to take on a great burden for you - letting him or her know what you want lessens that burden.

None of these documents will do you any good if no one knows about them. You have to talk with your doctor and the person you designate as your health care proxy. Discuss with your doctor what kinds of end of life medical treatments you want. He or she can help you by answering any questions you have about certain treatments. Once you've decided what it is you do or don't want, make your wishes known to your doctor and your family.

If you have questions about a living will please call Jason C. Foulger with the Foulger Law Group at 801-615-1951

The Foulger Law Group is Now Official

I have left the confines of the cozy law firm life to finally make the official announcement of the Foulger Law Group.  Some of you may be thinking but I thought you were already out on your own.  Well, it was partially true, but now it 100% official.

I am accepting referrals in personal injury, family and criminal law, business transactions, such as contracts employment agreements and the like, estate planning, collections and entertainment law. If you know any one who may need any of these services please refer them to me.  I take pride in the personal care that I provided to each client.

My main office will be located in Provo but I have satellite offices in Sandy and downtown Salt Lake. If you need to contact me my current number is 801-615-1951.  Thanks for all those who have supported me in this move and I hope to help many for you out there. Please give me  a call.

An estate plan begins with a will or living trust

A will provides your instructions, but it does not avoid probate. Any assets titled in your name or directed by your will must go through your state’s probate process before they can be distributed to your heirs. (If you own property in other states, your family will probably face multiple probates, each one according to the laws in that state.) The process varies greatly from state to state, but it can become expensive with legal fees, executor fees, and court costs. It can also take anywhere from nine months to two years or longer. With rare exception, probate files are open to the public and excluded heirs are encouraged to come forward and seek a share of your estate. In short, the court system, not your family, controls the process.

Not everything you own will go through probate. Jointly-owned property and assets that let you name a beneficiary (for example, life insurance, IRAs, 401(k)s, annuities, etc.) are not controlled by your will and usually will transfer to the new owner or beneficiary without probate. But there are many problems with joint ownership, and avoidance of probate is not guaranteed. For example, if a valid beneficiary is not named, the assets will have to go through probate and will be distributed along with the rest of your estate. If you name a minor as a beneficiary, the court will probably insist on a guardianship until the child legally becomes an adult.

For these reasons a revocable living trust is preferred by many families and professionals. It can avoid probate at death (including multiple probates if you own property in other states), prevent court control of assets at incapacity, bring all of your assets (even those with beneficiary designations) together into one plan, provide maximum privacy, is valid in every state, and can be changed by you at any time. It can also reflect your love and values to your family and future generations.

Unlike a will, a trust doesn’t have to die with you. Assets can stay in your trust, managed by the trustee you selected, until your beneficiaries reach the age you want them to inherit. Your trust can continue longer to provide for a loved one with special needs, or to protect the assets from beneficiaries’ creditors, spouses, and irresponsible spending.

A living trust is more expensive initially than a will, but considering it can avoid court interference at incapacity and death, many people consider it to be a bargain.

Child Custody Issues

All state courts decide custody based on the best interests of the children. Judges are supposed to make decisions based on this alone, but it is not that simple. Different states define a child's best interests in different ways, and not all of them list exact criteria in their family law codes.

Judges Do Not Like to Force Change on Children

The bests interests standards in most states protect children from being plucked out of one home and forced to move into another just because their parents are divorcing. If parents live separately for a while before filing for divorce, the parent the children have been living with usually has an edge, especially when that parent stays in the family home. When parents have not been living separately, the one who normally took care of the children during the marriage may be favored.

Judges Want Parents to Put Their Children First

Courts want divorcing parents to look past their hard feelings for each other and make sure their children have time with both of them. Courts frown on interference with visitation.

Children's Preferences Count

Judges in some states will consider a child's wishes when deciding custody. They will not automatically place the child with the preferred parent but will include a child's wishes in their decisions. This is particularly true when the children are teenagers.

Judges Consider Domestic Violence

If either parent has a history of domestic violence, judges must consider this as well in some states. However, if one parent falsely accuses the other of violence, this false accusation can work against the parent who makes it.

Some Issues Don't Affect Custody

Spouses often believe that the other parent's bad behavior should influence a judge's custody decision. Although some state courts weigh issues such as a parent's moral character, judges generally may not consider these things unless the parent's behavior has a direct effect on the child. For example, a parent might have had an affair but, if the children were not aware of it, the judge probably will not consider it in a custody decision. A parent with a history of drinking and driving, on the other hand, might be denied custody because habits like this put the children at risk.

A Family Law Lawyer Can Help

The law surrounding child custody is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a Jason C. Foulger at 801-615-1951.

Slip and Fall Accidents

Slip and fall injuries include falls due to water, ice, snow, abrupt changes in flooring, poor lighting or a hidden hazard.Property owners are responsible for any slip and fall injuries that occur on their property due to hazardous or dangerous conditions that the owner knows about or should know about. These conditions could be permanent such as broken concrete on the walkway or temporary such as a milk spill in the aisle of a supermarket.

If the situation is temporary, the length of time that the condition has existed may be a factor in determining if the property owner is liable for any slip and fall injuries. If the condition appeared just before the accident happened, the property owner may not be liable as they may not have known about the condition and they may not have had time to resolve the issue. However, if the condition was present for a long time or is a recurring incident, the property owner may still be liable for any slip and fall injuries.

How much is awarded for slip and fall injuries is determined by where the case is filed and by the extent of a person's injury. Settlements inside the city are generally rewarded more than those outside of the city where the cost of living is lower. Many factors are taken into consideration when determining the value of a case of slip and fall injuries.

These factors include what happened to cause the accident, where it happened, insurance coverage, how much money the defendant has, how severe the injury is, whether it's a good case or not, the assets and insurance of anyone else who is in any way part of the accident, and the lawyer presenting the case.
The term damages refers to the dollar amount awarded to a slip and fall case. The two types of damages are general damages and special damages. General damages includes things such as the wages lost if the injured person is prevented from working and not being promoted at a job that would have promoted the individual if the accident had not occurred.

Other items include not being able to drive or do simple chores, loss of ability to partake in hobbies and pain and suffering. Pain and suffering is the most common type of damages awarded for slip and fall injuries and includes placing a value on the pain and suffering that the person has endured due to the ailments.
Special damages refers to things such as covering any costs incurred related to the slip and fall accident. This includes hospital stays, any medical supplies needed, transportation costs to and from doctor's appointments, and any child care that might be needed.

If slip and fall injuries do occur on the owner's property, that the injured party should inspect the area of the incident. They should write down what caused them to trip, anyone who saw the incident, the names, addresses, and phone numbers of anyone who lives in the vicinity. They should also record how they felt directly after the slip and fall accident. This information will be helpful in describing the incident to an attorney when help is sought.

If you or anyone you know has been involved in a slip and fall please call Jason C. Foulger at 801-615-1951. 

Dog Bites Are Serious Business

Recently terrible news came out about the death of a newborn infant attacked by the family dog.
More than 50% of children in the United States will be bitten by a dog before their 12th birthday. While some dog bites are relatively minor and don’t require ongoing medical attention, others can leave painful scars and do permanent damage to victims.
We all need to do our best to be safe, but there are extra steps that parents and dog owners can take to ensure the safety of children and senior citizens, who make up the majority of dog bite victims.

ASPCA safety guidelines for dog bite prevention:  

• Don’t walk up to an unfamiliar dog. If an unfamiliar dog approaches, be still. 
• Don’t run away from a dog, or scream.
• Avoid direct eye contact with a dog.
• Do not disturb a dog that is sleeping, eating, or caring for puppies.
• Do not pet a dog without allowing it to see and sniff you first.

For dog owners, the liability of dog bites is a serious concern. The Insurance Information Institute found that one-third of all homeowners’ insurance liability claims are related to dog bites. State Farm Insurance paid more than $109 million on thousands of dog bite claims last year alone.
Most states, have statutes imposing strict liability on dog owners: owners are responsible for injuries their dogs cause, whether or not an owner knew - or should have known - that their pet was dangerous.

 Tips on being a responsible dog owner:

• Obedience training can teach a dog to behave properly - and teach you how to control your dog.
• When letter carriers and others who are not familiar with your dog come to your door, keep your dog inside and away from the door.
• In protecting their territory, dogs may interpret harmless actions as a threat.
• Spay or neuter your dog.
• Dogs that receive little attention or are left tied up for long periods of time are more likely to bite.
• When you get a new dog or a shelter dog, don’t let it off the leash or bring it around children until you get to know it.

If you or anyone you know has been bitten by a dog call Jason C. Foulger to discuss your case.
801-615-1951

Select me to handle your next arbitration

Arbitration is a cost efficient way to get many legal matters resolved. When selecting that one person who will act as the judge in your case what kind of attributes would you want him/her to have? When I select an arbitrator I want someone who is familiar with the whole process, I don't want some one who has not actually been in the trenches.  Second, I want someone with experience and education. Finally,  I want to get the most for my dollar, why pay an extra $100 an hour if you don't have to.

Why pick me?

I have over 12 years of experience in handling personal injury claims for both the Plaintiff and Defendant.  I have conducted over 100 arbitration in my career. Thus, I have an excellent understanding of the process and what cases are worth. Because I have been on both sides of the fence, I do not view cases from a particular side, I don't have a built in bias for any case, I am fair and can see the arguments that each party makes.

Expereince, while practicing in Las Vegas from 2000-2008, I was a court appointed arbitrator and conducted many arbitration's for personal injury claims and miscellaneous contract and employment cases. Thus, I have the necessary experience to handle the arbitration.

Finally, arbitrators are not cheap. We are highly skilled and spend many hours researching trends in the legal community to make sure our decisions are in line with jury verdicts. I offer my arbitration skills are the rate of $200 per hour, with no travel expenses in Utah, Salt Lake, Juab, and Davis and Weber counties.  Traveling cost outside of these areas are by arrangement of the parties.

On thing that sets me apart other than my ability to see all the arguments, is the detail to my arbitration awards. Not only will I proved you with finding of facts I will provide a step by step analysis of how I came to my conclusion. This may be beneficial when discussing the findings with your client to determine the next steps you may want to take. All arbitration awards will be completed in 7 days or less.  Usually they are completed with in 2 days of the arbitration.  I don't like to keep you on the edge of your seat.

Arbitrations are an important tool in resolving legal matters, why not use someone who you know will be fair. Don't let chance dictate your our outcome.

For you next arbitration please give me a try I know you will not be disappointed. 

Jason C. Foulger 801-615-1951 

Are You One of the 70% of Americans Without a Will?

Do you have a will? Between half and two-thirds of American adults don't. Do you need one? Only if you answer yes to any of the questions below:

1. Do you care who gets your property if you die?
2. Do you care who gets your money if you die?
3. Do you care who is appointed guardian of your minor children if you die? 

 Who Needs A Will?
Wills are not just for the rich. Regardless of how much or how little money you have, a will ensures that whatever personal belongings and assets you do have will go to family or beneficiaries you designate. Without a will, the court makes these decisions. If you have children, a will is a must, to ensure that you get to choose your children's guardian. Few people plan to die in the near future, but if you die suddenly without a will, you'll be subjecting your family and loved ones to confusion and anxiety at what is already a difficult time.  

Call Jason C Foulger 801-615-1951  

He will walk you through the process and help with your estate planning needs.  In addtion to helping you with your will, he will provide a health care directive or a living will and powers of attorney.  Make sure something unexpected does cause extra havoc in your life call now.

Advantages of Using Employment Contracts

Employment contracts can be very useful if you want control over the employee's ability to leave your business. For example, if finding or training a replacement will be very costly or time-consuming for your company, you might want a written contract. It can lock the employee into a specific term (for example, two years) or require the employee to give you enough notice to find and train a suitable replacement (for example, 90 days' notice). While you can't force someone to keep working for you, an employee is likely to comply with the agreement's terms if there's a penalty for not doing so.

Employment contracts might also make sense if the employee will be learning confidential and sensitive information about your business. You can insert confidentiality clauses that prevent the employee from disclosing the information or using it for personal gain. Similarly, a contract can protect you by preventing an employee from competing against you after leaving your company.

Sometimes, you can use an employment contract to entice a highly skilled candidate to come work for you instead of the competition. By promising the individual job security and beneficial terms in an employment contract, you can "sweeten the deal."

Finally, using an employment contract can give you greater control over the employee. For example, if the contract specifies standards for the employee's performance and grounds for termination, you may have an easier time terminating an employee who doesn't live up to your standards.

If you have questions about an employment contract or need help drafting one for your business call
Jason C. Foulger attorney at law 801-615-1951

What is a contingency fee

Many of you out there may have heard of the term contingency fee, but have no clue what that mean.  Well a contingency fee is a percentage of any amounts that an attorney collects on your case.  For example many personal injury attorneys work on this type of fee.  Thus, what ever amount they recover from the insurance company the attorney get a certain percentage, usually this can range from as low as 25% up to 50% depending on the circumstances.  Most average around 33%-35%. 

Contingency fees make it so the average person can retain an attorney but not feel like that have to pay for a huge bill once the matter is resolved.

When working with an attorney don't just accept their fee unless it sounds right. If you think you are getting ripped off, talk with your attorney and make sure you understand the fee and how it works. Do not be afraid to ask for a reduced rate.  Many attorneys will reduce their rate if it means retaining you as a client.  Speak up and don't be scared.

Other types of cases that may include a contingency fee are collection cases, negotiating contracts or buy and sale agreements.  The key to contingencies fees is that you as a client will pay nothing if the suit is not successful, so its low risk to retain the attorney, but you do sacrifice some money for this low risk. If you have a case that you would like reveiwed and possibly on a contingency fee please call me.

Jason C. Foulger
801-615-1951

Criminal Law vs. Civil Law

Criminal Law

In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self-defense or duress.)

In criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the crime, and the defendant's participation, "beyond a reasonable doubt." It is difficult to put a valid numerical value on the probability that a guilty person really committed the crime, but legal authorities who do assign a numerical value generally say "at least 98% or 99%" certainty of guilt.

Civil Law

In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence.

In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins. This is a very low standard, compared to criminal law. In my personal view, it is too low a standard, especially considering that the defendant could be ordered to pay millions of dollars to the plaintiff(s).

A few tort claims (e.g., fraud) require that plaintiff prove his/her case at a level of "clear and convincing evidence", which is a standard higher than preponderance, but less than "beyond a reasonable doubt."

If you have any question about any case please call for your fee consultation.

Jason C. Foulger
801-615-1951

Random Thoughts

Since that it is Friday, I thought I would post some random thoughts for the day.  I feel that this week has been like I've been pulled through a meat grinder. Lots of work and stress.  I'm sure there are many out there that have experienced the same thing.  So here is to brighter days and merrier times.

One of the great things about my job is that I get to help people with their problems. I can't tell you how rewarding it is to see a clients face when you have completed a case for them. It truly is amazing how much you come to care for your clients.  I guess that is the real reason I do what I do.  Being an attorney is not an easy job. It comes with a lot of hard work, stress and at times, heart ache, but there are those times that it can be so rewarding.  Some of my most treasured moments are the expressions on a person face when they thank you or that hug showing their appreciation.

Sorry to get all sappy but it's already been one of those days.  Now to a new topic, client referrals.  I am making a call to all those who read this to refer at least one person my way.  I'm sure everyone out there either knows a company or an individual that my need legals services.  So why not have them call me. I provide free consultations and many times I provide free advise with just a quick phone call.  So many people out there have questions but they don't know where to turn to and they don't want to pay $100 for a quick 5 minute question.  That is where I come in, I will answer that question and much more and it won't cost a penny.  So what are you waiting for give me a call. 801-615-1951, you won't regret it.

My final though goes out to those involved in the Cooper's Run 5k tomorrow.  It's being held at 8:30 am in Orem, near the University Mall.  This is a touching story of how a family turned a tragic event into something positive. You should google it some time.  I want to thank Joe Beal for getting me involved and I hope it is a wonderful success.

Jason C. Foulger, Attorney at Law Office is Salt Lake and Spanish Fork. 801-615-1951

Understanding PIP insurance

In Utah, insurance companies are required to provide their insured with certain basic benefits. These are called PIP benefits. PIP stands for “personal injury protection.” They are designed to cover you if you get injured in a motor vehicle crash – even if the crash is your own fault. There are three components to these benefits. They are: (1) $3,000 minimum for medical bills, (2) one year of lost wages, $250 a week maximum and (3) household services reimbursement of up to $20 per day fro things like housecleaning, yard work, and food preparation.

First, the $3,000 is used to cover medical bills which are directly related to the crash. (Some policies may actually have higher limits, although all must have at least $3,000 available.) This is why after the crash, medical providers will ask you to give them the name of your insurance company and the claim number. They will bill your insurance company directly. Some health insurance companies, such as IHC, will not begin to pay any benefits until they are satisfied that the $3,000 from your insurance is used up. Also, if your insurance company suspects that your treatment is not related to the crash, they might cut off benefits. You should keep in mind that this coverage is available to you even if you caused the crash to happen. This is why it is sometimes called “no-fault” coverage.

Second, PIP coverage allows for lost wages if you have been released by your doctor from work. Even if you are put on “light duty” and there is no light duty work for you to perform, you are still eligible for this benefit. The benefit, though, is pretty small: a maximum of $250 per week. This is basically $6.25 per hour for 40 weeks, but it’s better than nothing. Your doctor will need to provide a note that you can submit to your insurance company before they will approve benefits. If your injury is more serious and it’s clear in the records, then those records may also suffice.

Finally, if someone is helping you with household tasks following your injury, then they are entitled to be reimbursed up to $20 per day. This would apply, for example, if your spouse is doing the laundry, or mowing the law or cooking the food, where before, you used to do all that. The pay isn’t much, and there is a form from your insurance company that you need to fill out to claim this benefit. But again it's better than nothing. In fact, this benefit is good for up to $600 per month.

If you have additional questions about PIP coverage or have been involved in an accident please contact me at 801-615-1951.  All calls are confidential and consultations are free.

Utah contract law to protect your business, clients and customers

Contract law in the state of Utah helps protect business owners entering into agreements with suppliers and contractors. Contract law in Utah helps keep boundaries between companies and organizations clear and working relationships positive.

Utah contract law attorneys make it their business to protect yours. Having the right contract law attorney in Utah keeps business owners aware of their rights and responsibilities. Without a contract law attorney in Utah, the terms of your agreement may not be as clear as you need them to be.

Contract law in Utah allows businesses to agree on terms beneficial to both parties. With the right contract law in Utah, businesses grow in both size and profitability. When clearly written, contract law in Utah helps reduce the need to go to court when questions arise. Utah contract laws will:

1. Protect business owners from lawsuits between Utah contract law parties.

2. Provide clear guidelines between businesses and their contractors.

3. Help business owners maintain good relationships between themselves and their contractors.

4. Eliminate the need for court appearances and costly lawsuits related to Utah contract law issues.

Call Jason C. Foulger at 801-615-1951 for a free consultation and make sure business is protected.

What if my injuries are minor?

Many people have seen the advertisements on television showing people getting big checks for their accident. However, not every case is a big dollar case. Many people have been hurt because of someone else's negligence, but have injuries that some would consider less severe, such as so-called "soft tissue" or whiplash injuries. Although these cases do not always garner the big checks, you should still be compensated for your medical bills, lost wages, pain and suffering, and the time you have spent at the doctors office. And if you've been the unfortunate victim of negligence and have suffered these injuries, these injures are certainly not "small" or insignificant to you. In fact such injuries at times can be life changing.

In Utah, generally persons involved in a motor vehicle collision must have a minimum of $3,000.00 in related medical bills in order to present a claim to an insurance company for pain and suffering. There are many times when individuals get treatment in amounts just over $3,000.00. Of these people, many say that there is no reason to pursue a claim for that little of an amount, or that it's just a waste of time. Those people are wrong. There are many times when we can secure settlements for such "smaller" cases.
You may think: "Isn't it expensive to get a lawyer?" The answer is an emphatic NO. Our fees are only based on the amount you recover, so it is never "too expensive" for you to get a lawyer. Many times when injuries are just above the threshold amount of $3000.00, insurance companies are not willing to negotiate much. However, when you retain an experienced personal injury attorney, we are able to use our knowledge and skill to obtain fair compensation for you. Shouldn't you receive at least something for the inconvenience this accident has caused?

You may think: "I don't have time to wait for this matter to resolve. Don't lawsuits take months to years to resolve?" It is true that some lawsuits can take years before full justice can be achieved. However, when the injuries are less severe typically these cases can be resolved very quickly. Depending on the nature of your accident and injuries, such cases can be resolved shortly after completing your medical treatment.
Even if a settlement can't be reached, we can get your case litigated in a timely manner. There are many other avenues besides going to trial to adjudicate so-called "smaller" cases. Small Claims Court cases can be heard within 30-45 days of filing a lawsuit. There is also arbitration available for auto collision claims valued under $50,000. Arbitration usually can be resolved in half to one-third of the time of a jury trial, and usually does not involve the other driver. Both of these options are cost effective and will often garner similar or better results as going before a judge and jury, and in much less time.

After any accident in which you have been injured you should contact an attorney, if for nothing more than to see what your rights are. It will cost you nothing, and will help you get the peace of mind you need.

Accepting referrals and new clients

Are you in need of a good attorney?  Have you been injured in an accident? Have you been wrongfully charged with a crime? Does someone owe you money? Are you thinking about a divorce?  Does your business need some legal advice?  If you are pondering these issues you need to give me a call.

Please give me call let me be your attorney.  licensed in Utah and Nevada. I will even come to your house, place of business or hospital, where ever you are located. 

Thanks and I hope to hear from you soon.

Jason C. Foulger, Attorney at Law
801-615-1951

Does Crime pay? Apparently so

Once in a while, some credit should be given to the victims; it’s not always the criminals that do stupid things. Now, I’m not saying they deserve it, so don’t go out and rob someone because they like one direction or vandalize their lawn for buying Snookie’s autobiography, but sometimes the innocent ones raise our self-esteem a bit as well.

So here’s what NOT do when a bunch of teenage hooligans drive by and throw a milkshake in your face: toss back your alligator skin purse. A California woman is to thank for that lesson, whose purse happened to contain $2,000 in cash.  It was reported that she had thrown the purse in return for the milkshake to the face, but it ended up going right through the vehicle’s window and into the hands of kids likely to buy 2 grand worth of frozen dairy.

MythBuster: Only People Who Want More than Their Fair Share File Personal Injury Cases

In a perfect world where every business and insurance company honored its commitments and obligations,  but that's rarely the case. The vast majority of personal injury cases involve insurance companies, and insurance companies make their money by collecting premiums and then not paying out claims.
Insurance company representatives are trained to encourage personal injury victims to accept less than they're entitled to. Some insurance companies even interfere with medical treatment by refusing to authorize procedures or delaying payment.
Hiring a personal injury lawyer is often the only way a personal injury victim can get his legitimate expenses covered by the person or company responsible for his injuries. Insurance companies are well aware of this, and so train their representatives to make every effort to discourage injury victims from retaining personal injury lawyers.
Personal injury victims who work with personal injury lawyers may be more likely to receive larger personal injury settlements. It's not because those personal injury lawyers are "holding up" the insurance companies; it's because victims who aren't represented by personal injury lawyers often get cheated.

Understanding Negligence

Negligence is legally identified as having four parts: duty, breach of duty, causation, and damages. Duty stipulates the obligation owed to others in society. Physicians, attorneys, and other professionals of the same caliber are stated to have an implied duty to use a high standard of care due to their training, experience, and dealings with the general public, when administering services. Individuals in society are stated to have a general duty to others, which is to act as a reasonable person would in certain circumstances, such as driving defensively. This duty may become breached if one knowingly puts another at risk or acts in a way that puts someone at a risk that a reasonable person in the same situation would have anticipated. In the event that a person becomes injured, personal injury law requires that it be proven that negligence or intentional action was the cause of the injury. If this is proven the injured party may be entitled to be compensated for medical bills, pain and suffering, emotional distress, lost wages, and other related damages.

FAQ about small claims court

What are the dollar limits for small claims court cases in Utah?
The most you can ask for in small claims is $10,000.

Which court hears small claims case in Utah?
Small claims cases in Utah are heard in the Small Claims Department (District Court)

How long does the defendant have to answer the small claims complaint?
In Utah the defendant may file a written answer at least 15 days before trial, but only if a counterclaim ($7,500 maximum) is being filed. Otherwise an answer is not required.

Are attorneys allowed in small claims court in Utah?
Yes, you are allowed to have an attorney represent you in small claims.

Can a landlord bring an eviction lawsuit in small claims court in Utah?
No, Eviction cases are not allowed, they must be heard in a higher court.

Can you bring a personal injury suit in small claims court in Utah?
Yes, but you are limited to $10,000 for both your injuries and property damage.

How long will my trial take in small claims court in Utah?
It depends on the nature of the case. Most trials are done in an hour or two.

Do I have the right to a jury in small claims court in Utah?
In Utah, there is no provision for jury trials.

Where can I get more information about small claims court in Utah?
Call Jason C. Foulger at 801-615-1951 or see www.utcourts.gov/howto/smallclaims

Rock and Roll Denver Marathon

Am I crazy! My wife and I just signed up to run the Rock and Roll marathon in Denver.  Just started to ramp up my training. So if you see me out running, please honk and encourage me to keep going.  I will post the results at the end on September.  

Common Mistakes Motorists Make

Motorists often make costly mistakes when they are involved in an accident. First, motorists will often downplay injuries they sustain from the accident, thinking that they will heal on their own. However, pain that persists over three months is 90 percent likely to become permanent and may require regular and costly medical treatment.

Another common mistake is thinking that your insurer will act in favor of your best interests. Insurance companies want to settle your claim as quickly and as cheaply as possible. Utah law requires your insurer to pay up to $3,000 of your medical bills, regardless of who is responsible for the accident, without raising your insurance rates.

A related mistake is that motorists will often accept a settlement offer from their insurer without knowing what is at stake. People who do this often fail to ensure that all of their current and long-term costs are adequately covered by the settlement and sign away their rights in the process.

Finally, accident victims frequently neglect to complete the paperwork associated with an accident on time. If insurance forms or medical documentation are not filed on time you may miss out on benefits and have to pay for these expenses out of pocket.

What to do After an Accident

To avoid the common mistakes made following an accident, you should take the follwoing steps:

• See a doctor-in addition to treating your aches and pains, this will document any injury that you sustained in the accident for later use.
• Gather evidence-if you can, take pictures of the accident scene, showing the damage to your vehicle and your injuries. Also, note the names of any witnesses.
• Notify your insurance company-however, don't sign anything or give a statement before speaking with an attorney.

No person can be completely prepared for what follows an accident. However, by following these basic steps, it will ensure that your right to receive a fair settlement is not prejudiced by a seemingly harmless mistake.

Open for business

My doors are opened and I doing my own thing.  I still am affiliated with a firm but I am doing more of my own work. I am accepting new clients for a variety of legal matters.  Including personal injury, family law, criminal law, landlord/tenant, contracts drafting and negotiating, estate planning, business law, and collections.

Stay tuned to the blog I will provide a series of legal updates and other items that may be important.  I also will have some information that may be less informative but will put a smile on your face.

I provide free consultations and very reasonable rates.

You will received and honest evaluation of your legal matter.  You can be assured that I will not tell you that you have a great case only later to do a full reversal.  I will not give you any misleading information about your case.  I will be honest and fair.

Mention this blog and I will provide a 20% discount.