Stevenson Smith Hood P.C.
Call Today: 801-399-9910

Ogden Trial Attorneys Law Blog

The most boring, but critical, business formation decision

More than likely, there are any number of things you would rather be doing while you get ready to open your new company than deciding what type of business entity you should form. This probably represents one of the more boring decisions you must make during the formation process.

However, it could also stand as one of the most critical. The entity type you choose will dictate how much personal liability you have to the company and determine how the IRS views your business for taxation purposes. The type of entity will also determine how much paperwork you will need to handle, dictate how much structure you require and reflect your long-term goals.

How can a clawback provision protect my business?

If you have been in business a while, chances are you have learned many things from making mistakes. While this is not the ideal way to learn, those lessons you gain through mistakes often come with a determination to avoid that kind of trouble from now on. One difficult lesson many business owners learn is paying an executive a large bonus only to have the employee bring failure or scandal to the company.

The employment contract is a tool you may use to protect yourself from contingencies such as a departing employee taking trade secrets or an employee seeking work with your competitor. However, by including a clawback in your employee contracts, you can provide your company with an option for dealing with scandal or poor performance from your executives.

The details of your joint custody arrangement

Child custody is often one of the most complex and difficult issues to resolve in divorce. Parents who understand the benefit of allowing the children to maintain strong relationships with both parents after divorce may choose to draft a joint custody plan. This will allow the kids to have regular contact with both biological parents.

Joint custody is beneficial for many Utah families, but it is prudent for you to understand what this means for your kids and your parental rights before you move forward with this decision. As with all choices that could impact you and your children, it is helpful to weigh all options. Custody decisions are hard, but you do not have to make them on your own.

To test or not to test? Understanding Utah's DUI Testing Laws

Perhaps you were on your way home after stopping off to have a drink with friends after work. You headed home knowing that you didn't have nearly enough to drink in order to face accusations of drunk driving. Then, an officer pulled you over for some alleged traffic violation and approached the vehicle.

The officer claims he can smell that drink you had on your breath and asks you to exit the vehicle. In addition to asking you other questions, the officer requests that you participate in field sobriety tests. The next few minutes could have a profound effect on your future.

Even if you feel you should not have been stopped, it is imperative that you be polite. When talking with the officer, remember to be calm and courteous. You don't want to give the officer any further reason to suspect you of impairment.

It can be hard to know what to do under these circumstances. Before you decide, it is important to understand your options and the consequences for your choices.

Criminal convictions carry harsh penalties for non-citizens

If you are in the United States under one of the many visa programs or you have obtained lawful permanent resident status, you likely have many plans for your future. Perhaps you aspire to complete your education, start your own business or find a way to assist your family in making their way to Utah. It was no easy task to achieve lawful status, and you have a right to be proud and excited about your opportunities.

However, now that you are facing criminal charges, you may see all those opportunities slipping away. As someone who is in the immigration system, your case has special complications. You also face penalties that a U.S. citizen does not face, including the risk of deportation if you are convicted.

Negotiating a commercial lease that works for your business

If you own a small business in Utah, it may become important at some point to expand your operations and find commercial space to lease. Even if you do not own a retail business with customers visiting your property, you still have to put careful consideration into your location. 

The terms of a commercial lease could have an important impact on the financial well-being of your business. It is beneficial to think carefully about the terms of your lease, ensuring you protect your current and future financial interests. Many businesses find it helpful to have qualified guidance as they attempt to negotiate a lease that works for their company.

What does the law require of landlords?

Owning rental property in Utah is a great way to earn income, but there is much more involved than simply finding people to pay rent. As a landlord, there are many things the law requires of you, and in order to avoid complications with the law, you may find it beneficial to fully understand both your rights and your obligations. 

When you do not fully understand your requirements or what you have to do, it can lead to complex and expensive disputes with your renters. It can also expose you to the risk of a civil claim. Before you begin to find occupants to live in your rental properties, you will find it beneficial to seek a complete evaluation of your case.

Why you should include digital assets in a prenuputial agreement

Preparing to marry and start a new life with your fiancé is an exciting time. Before you walk down the aisle, you may find it beneficial to consider the benefits of legally protecting your property rights and financial interests in the event of a future divorce. You can do this by drafting a thoughtful prenuptial agreement.

A prenuptial agreement does not seem like a romantic thing to do, particularly right before a wedding, and for this reason, many Utah couples refrain from taking this step. It may not seem romantic to think about the things that could happen in the event of a divorce, but it could be beneficial for your future. As you consider your prenuptial agreement, it is smart to also include your digital assets.

Should a living will be part of your estate plan?

Anyone can benefit from having a complete estate plan in place, but no two estate plans should be the same. What you need to include as part of your plan depends largely upon your goals, you needs and your objectives for your estate.

Many in Utah do not know that estate planning is about more than just deciding what will happen to your money and assets after you pass away. You can actually include elements that will allow you to control your health care and medical needs in case of incapacitation in the future. One of the ways to do this is by drafting a living will as part of your complete plan. 

Why should you try to mediate your child custody issues?

Perhaps the sting of the end of your marriage is still sharp. Even so, you and the other parent have children, and a child custody agreement quickly becomes a priority. You know that you need to get this issue worked out in order to provide some security and continuity for your children.

However, you may have a hard time seeing yourself sitting down with your estranged spouse to work out an agreement and create a parenting plan. Regardless, some compelling reasons for mediating your child custody issues may exist.

Stevenson Smith Hood P.C. | 4605 Harrison Blvd. Ogden, UT 84403 | Phone: 801-399-9910 | Fax:801-399-9954 | Map & Directions