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