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BY: PHILLIP E. MILLER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

       There are several statutory reasons that a landlord can try to evict a tenant.  However, breach of a well drafted contract is the most direct route. Often times, the contract is the first place an attorney will look to see if the tenants’ actions are actionable.  The contract governs the relationship between the two parties.  If terms are vague or ambiguous it makes interpretation and therefore enforcement of the contract much more difficult.  If you are thinking of renting property it is usually worth the legal fees to have a contract drafted by an attorney as opposed to a “fill in the blank” contract. Read more…

BY: THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

      Laches. Now here is a word you don’t hear very often unless you are a lawyer drafting an answer to a complaint.  The doctrine of laches is an important one to understand as you go through life, especially if you deal with land or other “things” that may be out of your control or difficult to check on.  After you learn about it, it will probably make sense. Read more…

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

 

I read this the other day and thought it was worth sharing. I’ve copied it here below for your ease, see below for the link. If you are looking at an imminent divorce you should be aware that attorneys are becoming more aware of the uses of social media in a courtroom. If you’re feeling anger or rage, I suggest you do NOT share you frustration in an online public forum. Posts on social media forums never truly go away, and you can never really know who will see it. The original article follows:

“Since our offline and online lives are so intertwined, here are five things you need to do fast when a divorce is on the horizon.

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BY PHILLIP MILLER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

Good fences make for good neighbors right? Well for an attorney a lot goes into that question. How long has the fence been there? Is it a new fence? Does it meet zoning requirements? Is it on the property line? What is the purpose of the fence? There are many situations where a fence has destroyed tranquility in the neighborhood.

Utah has several laws and doctrines on boundary lines. Depending on your situation you may wish to take advantage of one or the other. Many of the doctrines have very specific time periods. So, if you are thinking, “the neighbor’s fence is in the wrong spot, and it almost been there 20 years.” You better keep reading.

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BY MICHAEL GLASSFORD

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

The unfortunate truth of any Family Law practice is that life happens much faster than the Courts may respond. Attorneys are used to this process, whether they like it or not. They understand and plan accordingly. They do all they can to prepare, file and then wait. Sometimes attorneys may forget that our clients are not as accustomed to this culture of law. I know that I have lost sight of that fact from time to time. It is important to remember that for clients, this pace is a very real and very frustrating purgatory.

They want to see something done and it is hard to blame them for this feeling. It is a hard situation to be in for both attorney and client. The attorney can remind, settle down, and empathize with their clients all they want but the cold hard truth is that the next day the attorney works on something else, someone else’s case. The client only has one case to dwell on, their own.

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BY THOMAS SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

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BY DONALD E. MCCANDLESS

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

If you or a loved one have been arrested for and charged with a felony, it can be a frightening and devastating experience. In the State of Utah, the possible penalties for felonies range from zero to five years in prison for third degree felonies, to five years to life for first degree felonies. Some first degree felonies (especially sex offenses), have minimum mandatory sentences attached to them. Capital offenses such as aggravated murder may carry the death penalty. Procedure in felony cases is much more complicated than it is in misdemeanor cases. In a felony case, after an arrest, the first hearing is normally a bail hearing. At a bail hearing a probable cause statement will be presented to the judge, and a bail amount will be set. The next hearing is a felony first appearance where the defendant is given a copy of a document called an information. The information is the document that indicates what charges are being filed. Usually a week or two after the first appearance hearing, the court will schedule a waiver hearing, or roll call hearing. The purpose of this hearing is to determine whether the defendant will ask to have the case set for preliminary hearing or will waive preliminary hearing. Plea bargains often occur at this stage of the proceedings. Read more…

BY DONALD E. MCCANDLESS

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

The arrest for drug possession usually comes out of the blue. Sometimes you are driving in your car and are stopped for a minor traffic offense. Other times there is a knock at the door and officers burst in with a warrant. There is the ignominy of being handcuffed and searched, and the hours or days waiting in lockup before either being bailed out or transferred to a unit at the jail. The question is now that you have been arrested, what should you do next? Some people who are arrested for drugs aren’t drug users themselves. They just get caught in a bad situation usually while helping a friend or relative. Others have an addiction problem for which they need help getting treatment. Some defendants just find themselves in the wrong place at the wrong time. What you do about the drug arrest depends on your circumstances, your criminal history, and on what expectations you have. In deciding what to do about a case it is important that you know what will be happening. Read more…

BY THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

In Friday, September 5, 2014’s Deseret News, former Lt. Governor Greg Bell wrote a timely and important article about zoning abuses between those wanting to develop their land and their city or county. It is worth a read and can be foundhere. When I started spending a large part of my time working with developers in creating residential neighborhoods in the mid 1990’s, zoning laws were generally much more basic than they are now. Each city had its own learning curve as building and fire codes were updated and made more complex. Development in these cities was generally straight-forward and composed of common sense.

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BY THOMAS J. SCRIBNER

(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)

Do I need a will? Can I make one myself? Do I need a lawyer to draft it?

Do I need a will?

You only need a will if you have any assets you want to pass on. It is an unavoidable fact we will each die and someone is going to deal with our “stuff.” A will is the document which instructs who that someone is and how he or she is to distribute your assets That way your assets go where you want them to go.

Wills have been around for a long time and are relatively inexpensive to have drafted. If you don’t have a will, the state has drafted one for you. It is a one-size-fits-all model that changes every few years. Currently, if you are married and all of your children are also your spouse’s children (a first marriage), everything will go your spouse when you die. If it is a second marriage and there are children in the family who are not also your spouses, then your spouse gets the first $75,000 and the rest is split 50-50 between the spouse and the other children. That is not a pleasant mess to leave for your heirs to fight over. If your current family situation has children from more than one couple, has a child with special needs, or has a spouse or child who can’t handle money, you must make sure you have a will (as well as a trust).

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