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.