Displaying items by tag: utah county attorney

Why you should hire a Construction Law Attorney

 

 

Many owners of construction businesses often wonder why they would need the help or expertise of a construction attorney. Our clients know that we understand construction and the laws, regulations, and ordinances which govern construction law and real estate. At Robinson, Seiler & Anderson in Provo our construction law attorneys have a reputation for getting results. When a client has a construction law problem, the stakes can be large. Penalties for contractual non-performance can be severe. To convince you further we have gathered some reasons as to why you should hire a construction attorney.

 

 

Experience and Knowledge
The main reason you will want to hire a construction law attorney is their expertise and knowledge 
when it comes to the construction process and people involved. Construction attorneys can assist general contractors and other construction professionals in many ways including:


 

Contract drafting

 

Representation in personal injury or wrongful death lawsuits 

 

Obtaining a construction or mechanic’s lien against a property if you have not yet been paid for your work

 

Representation in lawsuits alleging design flaws or construction defects

 

 

Personnel/employee relations issues 

 

Business planning and formation

 

 

The attorney must understand land use and zoning regulations. They must understand the concepts and practice of architecture, construction, materials, and causes of structural failure. The attorney must also possess strong negotiation skills and the ability to litigate successfully on behalf of the client. 

 

Fast Resolution of Disputes
A skilled construction law attorney will be able to provide solutions that satisfy both parties and save their clients the time, money and aggravation of going to court. The use of mediation and arbitration are two examples of alternatives to litigation to resolve a dispute. Disputes that arise between design professionals (architects and engineers) and owners are very different from disputes between contractors and subcontractors. That is where the expertise of your construction law lawyer will come in to find a way to handle the dispute in a way that satisfies all parties.

 

 

For more information on the benefits of hiring a construction law attorney at Robinson, Seiler & Anderson in Provo you can give us a call today or check out our website. We are more than willing to answer all of your questions and help you in all of your business endeavors.


 

What you need to know about a Power of Attorney

 

 

When going through your estate plan the term power of attorney might arise. You need to be well informed on all the aspects of what a power of attorney is and how it can work for you. The lawyers at Robinson, Seiler & Anderson in Provo can help you through the process of estate planning and establishing a power of attorney if needed. Below are some facts you need to know about a power of attorney.

 

 

Keep your Power of Attorney Durable

A Power of Attorney that is not durable becomes void upon the incapacity of the principal. In simpler terms if your power of attorney is not up to date and considered durable then when the person you have the power of attorney for becomes mentally/physically incapable or passes away you will lose the ability to use your rights as the designated power of attorney.

 

A Power of Attorney can be ‘springing’ or ‘non-springing
A non-springing power of attorney is one that is in effect immediately. The authority of the attorney-in- fact to act on behalf of the principal is not contingen
t upon the principal’s incapacity. A springing power of attorney means the attorney-in-fact has no authority to act under the document until a certain event happens. This event is often spelled out in the will of the individual you may have the power of attorney over.

 

 

You can have more than one Power of Attorney in Place
The idea of being the one who assumes the Power of Attorney when you become incapacitated can be very daunting to some. If they are unwilling to assume the responsibility you can name co-attorneys-in- fact. Of course, designating co-attorneys-in-fact is not appropriate in every situation
if your co- attorneys-in-fact cannot work well together, then the situation can quickly deteriorate. That is why it is important to discuss this aspect thoroughly with your lawyer.

 

 

There are many factors that come into play when you are planning for your estate plan and how to enact a power of attorney. Meeting with the lawyers at Robinson, Seiler & Anderson in Provo can give you the expertise you need. Call us today to set up a consultation. 

Finding the Positives When Filing for Bankruptcy

 

 

Bankruptcy is often seen as a negative when it comes to your life and your finances. But there has to be a reason why it was created? There has to be some benefits? The Bankruptcy Attorneys at Robinson, Seiler & Anderson in Provo can help you find the positives of bankruptcy and how it can help you rather than hurt you. Below are just a few of the positives that can come with filing for Bankruptcy.

 

 

  • Bankruptcy can make old tax liabilities (older than three years) go away.

  • Declaring bankruptcy now can get you started sooner on rebuilding your credit, and you can

    always get a Chapter 13 plan if there is another disaster before you are entitled to file again.

  • Most state exemptions allow you enough so that most things you own will be exempt from bankruptcy, with plenty to spare.

  • Harassing phone calls from creditors, dunning letters, repossessions, cancelled credit cards and declined charge authorizations, and lawsuits are all embarrassing.

  • Bankruptcy is facing reality, and it can also allow you to have a new start.

  • There are lenders for loans and credit cards who specialize in lending to "bad risks," although that is an unfair characterization to make of someone who has taken a major step to solve financial difficulties.

  • While you will lose your credit cards, your credit cards probably got you in this mess to start with, so it's hard to see that as a bad thing. Also, it may be possible to salvage one or two if your lawyer recommends it.

     

     

    Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you in deciding if filing for bankruptcy is right for you and your situation. There are a lot of concepts of bankruptcy to consider. Trusting the bankruptcy attorney’s expertise is easy once you see what we have done for our previous clients. Call our office today to schedule a consultation. 

Steps to Creating a Safe Work Environment

As a business owner you will want to do everything you can to protect your business, your assets, and your employees. That is why it is crucial to create a safe work environment for everyone involved with your business. We at Robinson, Seiler & Anderson in Provo want to help you in every aspect of your business, and that is why our personal injury attorneys will work hard for you and the protection of your business and employees. Below are some steps you should be taking to create a safe work environment.

 

Eliminate Potential Hazards

The first step you will want to take in creating a safe work in environment is by walking through your place of business and eliminating any potential hazards. To do this you will want to make sure it is in compliance with OSHA standards, rules, and regulations. Use signage systems to remind employees about proper body mechanics, forklift safety, safe backing, what PPE is necessary, and ways they can avoid slips, trips, and falls. Encourage workers to identify and report potential problems and safety violations and take immediate steps to have those issues resolved.

 

Provide Adequate Training

Training is key when it comes to reducing workplace incidents. Training should be given to all new workers, with refresher courses offered to (or required) for existing workers or when workers change jobs (within the company). If your employees are trained properly from the start you will reduce the chance of accidents.

 

Provide the Proper Equipment

Faulty equipment can increase the chance of workplace accidents. Making sure your equipment is up to date and fully functioning. Make sure you maintain awareness of hazardous materials and the proper way to use work equipment.

 

Create a Safety Committee

To help you in making sure that your safety standards are always in check and effective throughout your business it is always a good idea to create a safety committee. The safety committee would be in charge of the safety training of employees, monthly safety planning meetings, and addressing any safety concerns.

 

For more advice in regards to personal injury claims and workplace safety, schedule a consultation with the experienced personal injury attorneys at Robinson, Seiler & Anderson in Provo.  

What to Know about Commercial Litigation

If you own or run your own business, you need to be prepared if you ever have to face a legal dispute. When you are faced with such a dispute you can trust the Robinson, Seiler & Anderson law firm in Provo, Utah to help you with you case. Our experienced lawyers work hard for you and your business. We have gathered some information you should know about commercial litigation to help you through the process.

 

There is a lot to Worry About

When facing a legal dispute, it’s imperative to remember that there is always a lot at stake, and you should take every threat seriously—unless your attorney instructs you otherwise. If you don’t have an experienced law firm to back you up then you run risk of losing a lot of money and possibly your business. Commercial litigation is unpredictable so you need to be prepared.

 

An Attorney is a Must

The attorneys at Robinson, Seiler & Anderson law firm in Provo, Utah have experience with a vast amount of different commercial litigation situations and cases. We use our experience to help you in every aspect that may arise in court. Give us a call today to explain your situation and we can give you the advice you need to move forward.

 

Get it Resolved ASAP

When facing a lawsuit, you should aim to resolve things as quickly as possible. Depending on the circumstances, the issue could cost your company more money every day it’s left unresolved. As a business owner you know time is money. The sooner you can have your case resolved the sooner you can get back to work. This is also important when it comes to keeping cases out of the media’s eye. A long and drawn out case can create a bad reputation of your company to the public.

What you Need to Know about Insurance Companies

Insurance is a must have in a lot of different aspects of life. Often times it can save you from going under in a really bad situation. But what happens if the insurance companies start giving you a hard time in regards to getting the payment you were promised? That is where the Attorneys at Robinson, Seiler & Anderson in Utah County come in. We can help you throughout the insurance litigation process. We have gathered some facts you should know about insurance companies to help you through the process of the litigation.

 

Insurance Companies aren’t your “Friend”

While it is always a good idea to have insurance, you need to be prepared for a fight when it comes time for them to pay for a claim. It won’t matter if you have been a loyal customer for years, they are a business that is worried about their profit margin as well. Unfortunately a lot of insurance companies work for stock holders. They make more money when they don’t have to pay out on claims. That is why it is always a good idea to have an attorney on your side to make sure you are getting what you are entitled to.

 

Take Photos if Possible

If you are in an accident or crash make sure you take as many photos as possible as evidence. These will come in handy if your claim moves toward litigation. Gather as many pictures, witnesses, and informative facts as you can to help you with your case. Your attorney can advise you on what evidence can be used in court.

 

See a Doctor as soon as Possible

If you are physically injured due to an accident you will want to see a doctor as soon as possible. Having a physician professionally diagnose any injuries you may have received due to the accident need to be documented.  The doctor will write down your retelling of the incident and that version will be viewed as the most accurate if litigation is required to resolve your insurance claim or accident claim.

 

If you find yourself in a difficult insurance situation please give the attorneys at Robinson, Seiler & Anderson in Utah County a call. We can help you in getting the claim resolved and the compensation you deserve.

How Bankruptcy can Negatively Affect your Life

Have you been contemplating bankruptcy lately? While there are pros and cons to bankruptcy you need to be aware of all aspects of what it can do to your credit and your life. Talking to the Bankruptcy Attorneys at Robinson, Seiler & Anderson in Provo can help you in making the right decision. We have gathered some possible results of bankruptcy that could negatively affect your life.

 

Credit Reports

As most people know, when you file for bankruptcy your credit score is negatively affected. Credit reporting agencies may including a Chapter 7 bankruptcy on your credit report for 10 years after the bankruptcy discharge. Chapter 13 bankruptcy information, along with other negative reporting, is usually removed after seven years. While you may be able to get your credit score back up to a reasonable number the bankruptcy information will stay on your credit reports.

 

Employment

While it is illegal to ask about your credit in a job interview, your future employer might run a credit check on their potential employees, especially for positions that require handling finances or client funds. You will be forewarned the prospective employer is checking your credit history, however, as they cannot do so without a signed release from you.

 

Housing Options

If you plan on buying a house within the next few years you will want to know about the negative affects a bankruptcy can have on your mortgage. A bad credit score can even effect your ability to get into a new rental. Securing a lease before you file for bankruptcy can help ensure you have a safe place to live, provided your credit rating has not already gotten so bad that landlords will turn you down even without the bankruptcy.

 

Credit Cards

With a bankruptcy you should expect to have all of your credit cards removed from your possession. To help you in rebuilding your credit after a bankruptcy you can receive a credit card with a higher interest rate. A secured credit card may be the best option initially. After a year or two of making timely payments, you might be able to obtain a card with better terms to help work your way toward a positive credit rating.

Navigating the Paperwork of a Marriage

Getting married can take a lot of planning when it comes to the big day. But in between the dress and the cake have you forgotten the necessary paperwork? Marriage will require you to think about a lot of lifestyle aspects that may have not come up in previous conversation or planning. The attorneys at Robinson, Seiler & Anderson can help you in the navigation of paperwork related to your marriage.

 

Prenuptial Agreements

A prenuptial agreement works like this: you create a document listing your assets and existing debts, have your attorney draft the agreement, then get a notary to sign the agreement for you to keep on file. Having this on file is a form of protection for your personal assets if your marriage turns sour. That why your spouse can’t take what was yours before the marriage. Any debts you accrue together during your marriage is a different story and will have to be sorted through and agreed upon throughout the divorce process.

 

Apply for a Marriage License

A month before your marriage ceremony you will want to head to your local county clerk’s office to apply for a marriage license. There is often a fee that is associated with the license so make sure you plan ahead. Once you have received your license you will want to make sure your officiant signs it for you. Once it is signed you can mail your license to have it filed. It takes anywhere from a few days to a week depending on the state you are filing in.

 

Change your Name

If you decide to take the name of your spouse you will need to begin the process of changing your name. The first step is to change your name on your Social Security Card. You will need to locate the nearest social security office and schedule an appointment. There you will be required to bring you official marriage license, any forms they require, and pay a small fee. It takes some time for your new Social Security Card to arrive in the mail. Once you have your new Social Security Card in hand you can go to the DMV to have your name changed on new driver’s license. They will also need to see your marriage certificate and may require you to fill out a form.  Don’t forget to have your name changed on any existing loans, credit cards, bank accounts, health insurance, and other billing agencies.

 

While marriage may require some planning and a bit of paperwork you can rest easy knowing that the attorneys from Robinson, Seiler & Anderson in Provo are here to help. We can give you a variety of legal advice no matter what your situation is. Call us today for more information about our firm.

Why you should Start your Estate Plan Now

If you have been wondering if and when you should start your estate plan then you need to talk with one of our attorneys at Robinson, Seiler & Anderson in Utah County. We can walk you through the process and benefits of starting your estate plan today. Below we have gathered just some of the reasons why you want to get the process started as soon as possible.

 

Can Reduce Estate Taxes

With the help of an estate plan many married couples and individuals can reduce or even possibly eliminate estate taxes altogether by setting up AB Trusts or ABC Trusts as part of their wills or revocable living trusts. The loss of one's estate to the payment of state and/or federal estate taxes or state inheritance taxes is a great motivator for many people to put an estate plan together.

 

Avoiding the Burden for your Family

If you or someone you know has dealt with the loss of a family member who didn’t have an estate plan in place, then you know of the difficulties they faced along the way. Choosing someone to be in charge if you become mentally incapacitated and after you die and deciding who will get what, when they will get it, and how they will get it after you're gone will go a long way towards avoiding family fights and costly probate court proceedings. A simple will can dictate your wishes even after you’re gone and relieve a lot of the burden your family might be faced with.

 

Protect your Beneficiaries

If the beneficiary is a minor, all 50 states have laws that require a guardian or conservator to be appointed to oversee the minor's needs and finances until the minor becomes a legal adult. You can prevent family discord and costly legal expenses by taking the time to designate a guardian and trustee for your minor beneficiaries. Or, if the beneficiary is already an adult but is bad at managing money or has an overbearing spouse or partner who you fear will squander the beneficiary's inheritance or take it in a divorce, then you can create an estate plan that will protect the beneficiary from their own bad decisions as well as those of others. This allows you to have a say in what happens even after you are gone.

 

Estate plans are made to be beneficial. It may take some time and some helpful advice from the attorneys at Robinson, Seiler & Anderson in Utah County. To get started on your estate plan call our office today to schedule a consultation.

How to deal with the Legalities of a Brain Injury

If you have recently been the victim of an accident resulting in brain injury you may need the help of a personal injury attorney from Robinson, Seiler & Anderson in Provo. You might not be aware of all the legalities involved when it comes to dealing with a brain injury. We are here to help. Below are some suggestions to help you when it comes to dealing with a brain injury and the litigation involved in a personal injury case.

 

Difficulty of Proving a Brain Injury

Unless there is objective evidence of brain injury on MRI or CT scan, the insurance companies assume the individual is faking their injuries or the person has psychological problems that pre-existed the accident. In order to win your case you need to provide actual evidence of the brain injury. It is also important to know that in pursuing a brain injury claim, you will be opening up your entire life history to examination. Grade school records, medical records from childhood and anything else through the years that the insurance companies can obtain is open game. Psychological and psychiatric records are obtainable and will be obtained.

 

New Technologies can be Helpful to your Case

In the years past it took a lot more to prove that you had a brain injury due to an accident. Now you have several options of testing to help you in proving your case. Some of these include:

·       MRI/DTI: This test done on a normal MRI machine with special software known as "Diffusion Tensor Imaging" and is particularly sensitive to damages in the white matter tracts of the brain

·       MRI/SWI: Another specialty version of the MRI is known as "susceptibility weighted imaging or SWI". This allows the radiologist to see very tiny bleeds in the brain known as micro hemorrhages.

·       MRI/MRS: this technology known as "spectroscopy" looks at the balance and ratio of certain molecules in the brain matter.

 

Obtain Medical Help

When finding a doctor you need to find one that is up to date on all the current discoveries concerning brain injury. Find a doctor who is willing to take all of the necessary steps to diagnose your injury correctly and give you the evidence you need to win your case.

 

Brain injuries can be devastating. With the help of a personal injury attorney at Robinson, Seiler & Anderson in Provo you can start to get your life back in order. For more information on personal injury claims you can call our office today to schedule a consultation.

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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