Tote Pump Liability

Any company in the business of selling a tote pump should be aware of possible exposure to unique liability. This is true because special laws apply to this specific product under specific fact patterns unique to this product. The earliest case law involving this particular product or a product sufficiently similar so as to make a logical comparison is the case of Marbury v. Sedgwick (15 AL 35 1984). In this matter before the Supreme Court of Wisconsin, a man made use of a faulty tote pump in order to extract the contents from a container for which the product was not designed.

DRUM PUMP LIABILITY

During the course of the product’s use for which it was not designed the man in question slipped on a puddle of oil that spilled from the non conforming drum. The man sued the company that manufactured the product for pain and suffering as well as intentional infliction of emotional distress. The company argued that the man lacked standing to sue because he used the product in a manner that it was not intended to be used. The issue before the court revolved around whether the manufacturer of a product can be held liable when an injury results from the use of the product in a manner for which the product was not manufactured to be used, and if so, does the unintended and non conforming use of said product mitigate the company’s liability in any, way shape or form.

The court ruled that the manufacturer of the product could not be held liable when a person who purchased the product used it in a manner in which it was not intended to be used. However, a company could be held liable if the unintended use of the product seemed to be an obvious use of the product and the company failed to warn the buyer of this fact.

ASVABulous!

Visa_Attorney_600x4001It is difficult to know whether to Marines Corps recruits depicted in Stanley Kubric’s Vietnam War epic “Full Metal Jacket” had to sit for the Armed Services Vocational Aptitude Battery before being enlisted. The movie itself does not provide this information nor does it provide clues from which this information could be arrived at through the powers of deductive reasoning. Not only can we as audience members viewing the movie not tell whether the characters took the ASVAB test, we also have no way of knowing if they prepared for the ASVAB test by taking the ASVAB practice test.

 

Certainly if the characters in “Full Metal Jacket” had prepared for the ASVAB test itself by taking multiple versions of the ASVAB practice test they would have been exposed both to the format of the test itself but also the ten distinct subject areas covered included within the test. These subject areas include General Science, Arithmetic Reasoning, Word Knowledge, Paragraph Comprehension, Auto and Shop Information, Mathematics Knowledge, Mechanical Comprehension as well as Electronics Information.

 

Even though the characters in “Full Metal Jacket” were enlisted in the United States Marines Corps, in modern times all candidates for enlistment in the United States Armed Services must sit for the Armed Services Vocational Aptitude Battery prior to enlistment. The is true regardless of whether the candidate seeks enlistment in the United States Army, the United States Navy, the United States Air Force, the United States Marines Corps, the United States Coast Guard or the United States National Guard. The purpose of the Armed Services Vocational Aptitude Battery is twofold. First, the ASVAB tests whether the candidate for enlistment is an appropriate candidate. Second the ASVAB will provide information as to which jobs within the United States Armed Services are the best match for the candidate’s unique talents.

How To Pick The Right Utah County Attorney

Visa_Attorney_600x4001

Picking the Right Utah County Attorney

For Resolving a Business Problem or Closing on a Business Opportunity

By Steve Lundwall – Utah County Attorney

In over 25 years of practicing law, most of which has been as a partner with huge firms employing 250 to 1000+ attorneys, I have seen that many businesses that need great legal talent do not know how to find it, as sophisticated as these businesses are. The problem faced is two-fold. First, big law firms market an image that, unfortunately, has little to nothing to do with the individual skill sets of the hundreds of individuals they employ. Great legal service and skill does not come automatically wrapped up nicely with any firm’s (big or small) advertising campaigns (which, more often than not, are designed by people who are not even lawyers, but professionals skilled in public image promotions).

Second, too many businesses err in thinking that anyone hired by a big firm must be a skilled, competent, attorney suitable for their matter, and accordingly, they fail to do the required due diligence (i.e., investigation) on the particular individual lawyer retained. Some businesses do not know how to do due diligence to find a talented attorney suitable for their particular problem. Whatever the case may be, from my personal observations, great legal talent needed to solve real-world problems does not necessarily show itself merely because someone works for a particular firm or graduated from a particular school.

The fact is that the legal talent needed to effectively resolve disputes in or out of court or to efficiently negotiate a business deal is much more individualized. That is why businesses who want a talented lawyer for their particular problem or issue must perform individualized due diligence, or else, paraphrasing Mark Twain, they might discover too late the lawyer they chose turned out to be a “lightning bug” when they wanted “lightning.”

What Makes A Great Utah County Attorney

How can anyone find good legal talent to help resolve business disputes, offer sound business advice or effectively close a business deal?
At its core, a great Utah County Attorney is someone you can trust and have confidence that he or she has the wherewithal to best represent you in resolving a problem, whether it be resolved in court, worked out in a negotiation, or resolved through private legal advice. While trust is earned over time, great lawyers have developed attributes that will quickly merit your trust and confidence.

Qualities Of A Good Business Lawyer

  • Analytical problem solving skills—grounded in common sense
  • Creativity
  • Good judgment
  • Disciplined by sound research skills and experience

Ultimately people hire lawyers to solve problems, and business situations more often than not produce unique problems that cookie-cutter solutions will not fix. Lawyers that know only how to do one thing, and one thing only, may not have the creativity needed to solve new or unique problems.

Further, many business problems ride atop numerous facts and issues, some of which may be complex; a great lawyer is able to sift through the many and boil it down and organize it to the few. This not only takes creative thinking to reach workable solutions, but enough intelligence and humility to know when to dig for more possible answers, and enough experience to know where to start the problem solving process.

A great Utah County Attorney will also not allow creativity and smarts to lose touch with reality and common sense. A good lawyer has the business “horse sense” to be able to recommend solutions based on good, common sense, judgment.
Communication and interpersonal skills. No lawyer, no matter how talented or smart, is doing a client any service if he or she cannot listen. Many (if not most) bar complaints arise because clients feel abandoned, i.e., not heard, by lawyers that fail to return phone calls and emails and fail to take the client’s concerns and interests to heart when, ironically, trying to solve the client’s problems. Listening is a foundational skill in any human relationship, but for lawyers, it is the skill that allows them to create a bond of trust and a climate where sound business advice can make a difference for the client.

Lawyers That Listen

But the kind of listening that makes a lawyer great is more than just the kind that comprehends client verbal communications. As one lawyer put it, “it is also about understanding what lies behind the [client’s] words; what is the ambition of the people involved for the matter in question; where are their vulnerabilities, their blind spots, their assumptions, their misplaced faith, their likely challenges. In [listening in this fashion,] the lawyer can not only discern a preferred course, but also [communicate that course with] the most acceptable tone of voice; to have alternative courses of action in mind when things hit problems and to have the language and the demeanor that reassures, challenges and inspires when that is necessary too.”

On par with listening, of course, is the ability to communicate. In today’s world, this means communication with speech, written word, and with media (e.g., graphics, PowerPoints, etc.), all done with interpersonal skill. Of course, clear, organized and persuasive speech is the skill that great lawyers are historically known for and cannot be overlooked. Lawyers solving business disputes have to be able to communicate effectively and appropriately with their intended audience: with clients one-on-one; with judges or opposing parties; and with groups, whether in a conference room, board room, or court room.

A great lawyer must be able to communicate just as effectively in written word (paper or through digital media). A lawyer that cannot write clearly is apt to be someone who cannot think clearly, for writing, as Sir Francis Bacon said long ago, requires a person to be exact.

Depending on the target audience, a talented lawyer also understands how to communicate visually, including how to communicate quickly and effectively through well designed visual media, such as a PowerPoint presentation. According to the National Center for Biotechnology Information, the U.S. National Library of Medicine and the Associated Press, the attention span of the average human being as of 2013 was only eight seconds. In 2000, it was 12 seconds. (Not to be dire, but the same sources report that the average attention span of a goldfish as of 2013 is nine seconds.) Statistics from these studies also report that the average office worker continually interrupts whatever task they are doing to check emails at a rate of once every two minutes. People today are in the habit of changing focus frequently. Lawyers have to adapt their communication to this reality. Concise. Visual. To the point—is the order of the day.

Honesty, Civility And Consistency

To a large extent, the traits of a great lawyer are interdependent on one another. A major flaw with one may likely taint the effectiveness of another. Honesty, civility and consistency provide an example of this linkage. A lawyer that is not honest with his or her client in the lawyer’s assessment or risk evaluation of the client’s issue, in the end, cannot be trusted. A lawyer that guarantees a result for the client or that only tells the client what the lawyer thinks the client wants to hear is not being honest. In such instances, even if the lawyer has terrific analytical skills and can speak clearly and persuasively, the lawyer’s dishonesty dilutes and compromises the lawyer’s other great skills, which are not brought to bear for the benefit of the client. Honesty and candor with the client are critical to the building of trust in the attorney-client relationship.

But honesty and civility are also critical in the lawyer’s interactions with others on behalf of the client. What if the client fully understands the issues and tolerates its attorney in being dishonest or uncivil with the opposing party or decision maker, in hopes that such conduct will obtain a win or more favorable deal for the client: a win at all cost approach to the practice of law. I have seen lawyers and clients use variations of this approach, even from big and respected law firms. Sometimes the offending lawyers get away with their truth distortions and uncivility; sometimes judges or clients do not care to demand better behavior. (But sometimes judges smash such lawyers when caught.)

Ultimately, however, great lawyers hold themselves to high standards of human decency, including honesty and civility. As I said before, this is because a great attorney must engender trust. Trust is earned through consistent conduct and competence. A lawyer that can “change his or her skin” for the right price, that can turn on or off honesty, ethics or civility with the flick of a mental switch, so to speak, cannot be consistently trusted. Further, such shenanigans will likely be caught. There are some judges that do not tolerate uncivil or dishonest conduct and a client’s position before such judges could be permanently compromised if lawyer conduct interferes with the merits of a case. Of course, a lawyer that is good at distorting the truth to gain a win is a lawyer who will earn a reputation repugnant to trust.

I have named three basic traits (or categories of traits) that I believe every great attorney will have. These are what I call umbrella traits, meaning that while there are many other important attributes and practices a truly talented attorney may have, they usually fall within one of the umbrella traits. For example, a good attorney will bill for his or her services fairly and provide full disclosure to the client on the billing practices; but this could be considered a subset of category numbers 3 (Honest, Civility and Consistency) and 2 (Communication and Interpersonal Skills) above. A good attorney will not compromise his or her judgment by taking on work that is in conflict with an existing client. This, however, could be considered a subset of all three categories above as attorneys must be able to use their undiluted analytical skills to reach opinions and actions fully communicated with the client and not held back due to the interests of another client. Failing to do so is a form of dishonesty (category no. 3) and a breach of the client’s trust that it will receive the full benefit of a lawyer’s analytical problem solving skills (no. 1) fully communicated (no. 2) to the client. The list of top legal talent traits could certainly continue, but I believe the three umbrella categories identified here are the foundation for most, if not all, of the rest.

Selecting The Best Business Lawyer

So how does someone or some business select an attorney that possesses all three? Admittedly, there is no exact science to zero in on lawyers that possess all three, but I do have several suggestions that will aid in the task.

First, at least be mindful of the list of three traits above when starting to look for a lawyer. Realize that the traits are very much individualized and specific to each attorney candidate, whether they work in a big firm or not.

Second, talk to more than one attorney.

Third, ask questions from each candidate. Generate a conversation. Lawyers ask juries every day to judge credibility and honesty of witnesses by listening to answers to questions posed to them; this is a human skill all people possess: use it when evaluating potential lawyers. Ask questions that might elicit the candidates’ ability to think and communicate. Ask them to identify issues and risks, just based on the limited information raised in the conversation. Ask them if they can conceive of any alternative solutions. Any conversation will allow you to assess competence, credibility and honesty. This due diligence is essential.

Fourth, during the interview, ask about experience, which might (although not conclusive) mean more efficiency. And then after asking about experience, ask questions to help you determine if the candidates remain flexible and creative in considering new solutions for your problems. Every business situation poses some nuances that prior experience likely will not exactly overlap. Try to test the creativity of each candidate. This process need not be lengthy; just a question or two that opens up communication and lets you see the attorney thinking and communicating will be invaluable to you in the decision process.

Fifth, of course, ask for an estimate of fees, but beware. Oftentimes it is very difficult to predict what will happen in the future that will require an attorney’s time and, therefore, your cost. Still, you can ask who will work on your matter; what their billing rates are; what efforts will be made to promote efficiency and limit the overall expense. A business should get assurances that the procedures in place will promote the best outcome at the most reasonable cost.

Sixth, on a related point, determine whether the lawyer or firm you are talking to will require an army of lawyers and staff to resolve your issues. Sometimes individual attorneys do not have the breadth of experience or confidence to do more than one or two things; if your issues demand more, then you are inviting a team of lawyers and a larger overall cost to resolve your matter. It will likely be worth your diligence to see if you can find lawyers that have a broader base of experience. Someone who is more than a “one trick pony,” so to speak. If you can limit the number of people working on your business problem, you more often than not will limit the cost, and often get better, more satisfying, results. Too often, too many people working on a project overlap in what they do, not knowing what is going on in the overall picture. This all generates wasted expense for you.

Seventh, and perhaps most important, talk to references. Find out from the references what the experience was like working with the candidate attorney. Dig deeper than just asking if the matter was resolved satisfactorily, but find out how it was resolved, and how the client reference perceived the process that led to a resolution. This will be valuable information that you can use before making your final decision.

In the end, your decision on selecting an attorney will be subjective. But do not think that this due diligence is wasted. Consumers of other services all the time do some form of due diligence to help insure that the selected service provider will do the best job for the best price—whether it be for an auto mechanic, home renovator, etc. Finding the right lawyer has the potential to have much larger consequences, for good or ill, than the services that consumers already investigate out of hand. And the due diligence should certainly not be any less, and in fact, should be much more rigorous.

Contact A Utah County Attorney

*Steve Lundwall has been practicing for over 25 years as an attorney in the fields of business law, commercial litigation and intellectual property consulting, licensing and litigation. He is a graduate of the J. Reuben Clark Law School at Brigham Young University. For a sample of cases and business matters he has worked on, see his website at www.lundwall-law.com.

Who Needs A Lawyer?

There may be many times in life when one is wondering if they do in fact need a lawyer. Tribulations and unforeseen events present themselves which send people reeling with uncertainty. In the midst of all of this chaos, it helps to have someone by your side who can read between the lines and is emotionally detached from situations. Count on lawyers to keep cool heads in emotional situations like divorce suits, rape cases and other emotionally charged trials. Lawyers also come in handy for a variety of other cases that may not be very emotional, but are confusing nonetheless, such as filing for bankruptcy.

Cases Requiring Lawyers

Filing For Bankruptcy

Bankruptcy laws are very confusing, and almost appear as if they are in an entirely different language than what the layman speaks. Hiring a Bankruptcy Attorney Taylorsville is the best way you can ensure your success in a Utah Bankruptcy case.

Criminal Cases

When your liberties are at stake, there is no doubt that you need a professional to represent you who understands the legal system inside and out.

Divorce Cases

Some no-contest divorce cases do not require a lawyer. But if the divorcing parties are at all in any disagreement having a lawyer or at least a mediator is a good idea. This will help smooth tensions, and in severe cases, mitigate the need for the divorcing parties to be near each other.

Traffic Cases

Most of the time, you do not need a lawyer for traffic court. However, if you feel that you have been wrongly accused, it makes sense to at least consult with a lawyer first. That way you know if your case has any chance of standing up in front of a judge.

Tips On How You Can Avoid Filing Bankruptcy

Avoid Bankruptcy With These Helpful Hints

Filing for personal bankruptcy is a significant decision that should not be made lightly. There are many things that you need to know before you do so to make sure that the process has the best possible outcome for you and your family. Keep reading to learn more about the bankruptcy process.

Bankruptcy Lawyers

Hire a lawyer. Filing for bankruptcy does not require a lawyer, but a lawyer makes the process easier. It allows you some degree of relief to know, that a professional will be handling your case. Take your time, and choose a lawyer with a lot of experience in the field.

You should be able to meet with a specialized lawyer for free to ask your questions. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Make a choice only if you have received good answers to all the questions and concerns you brought to the table. You can think about your decision before making a commitment. You can take as much time as you need to meet with different lawyers.

Before meeting with a lawyer, start compiling all of the documentation and paperwork you will need to provide an accurate picture of your finances. Gather six months’ worth of pay stubs, bank statements, bills and credit card statements. Create a list of property and assets that you own. Having this entire information ready from the beginning can save you trouble when it’s time to file.

If you are unsure about the paperwork that you need to bring with you when you meet with an attorney, ask. Also, inquire as to whether the lawyer you are meeting with offers free consultations. You do not want to be surprised by a large fee just for them taking a look at your case.

Start taking calls from bill collectors. You may have been avoiding calls from bill collectors, but if you are filing bankruptcy you may need to speak to them. You need to have all of your debts laid out so that your lawyer can get to work involving them in your case. If you don’t include a debt, it will not be discharged, and you will still have to pay it.

When you meet with your lawyer, bring along all of your financial records. Your lawyer will want to see loan documents from your car and house. They will also want to see your credit card bills and any other financial documents you have that show you are in debt. You will also need to bring any documents showing your assets.

If you are worried about how you are going to be able to pay the lawyer for your personal bankruptcy. You should know that many attornies will let you pay them over time. An attorney can put you on a payment plan, but won’t file your case until he is paid in full. Be sure, and ask about this before hiring your lawyer.

As you are no doubt aware, the decision to file for personal bankruptcy can be a difficult one. If you have resolved to take this step, however, you need to be familiar with the process, so that it will go as smoothly as possible for you. Remember the advice from this article and you will have a better outcome.

Personal Bankruptcy Tips

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Personal Bankruptcy Tips Straight From The Pros

One of the most difficult financial decisions a person may have to make in their life is to decide to file for personal bankruptcy. With such a big decision, you should be sure to know as much about the process as possible. Use this information to help you know if it is the right course of action to take. You can always find out more about attorneys in general.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Attorney

Consider hiring an attorney who specializes in personal bankruptcy. Although most states allow you to file for bankruptcy without a bankruptcy attorney Taylorsville, your case could be dismissed if you don’t fill out your paperwork correctly, and you may need to file additional motions to protect your property or discharge certain debts. A bankruptcy attorney can help ensure that you get the outcome you hope for when you file.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

If you are planning to file for bankruptcy, you do not need to lose your home, car or other items that you have loans for. If you wish to keep them, however, you must make the payments on a timely basis in order to avoid repossession. If the payments are too much to handle, your bankruptcy attorney may be able to arrange for an evaluation of your loan and negotiate a lower monthly payment. In the case of a home, you may look into a loan modification or refinance to reduce your payment amount.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Look for a bankruptcy attorney that belongs to the NACBA (The National Association of Consumer Bankruptcy Attorneys). When you are filing for bankruptcy, it is essential that you hire the services of an experienced and reputable bankruptcy lawyer Millcreek. Attorneys that are members of the NACBA, are also, members of a well-respected consumer bankruptcy organization, so you can be sure that you will be getting the best legal advice available.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Know the rights that you have as you file for bankruptcy. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. Only a few kinds of debt, like student loans or child support, are ineligible for bankruptcy. If these are not the categories in which your debts fall, double check to see if the type of debt can be bankrupted. If it can, be sure to file a complaint about the debt collector with the office of the state attorney general.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Shop around for a bankruptcy lawyer Holladay. Make use of free consultations, if a law firm offers them. Be sure to check out the attorney’s track record. For other kinds of bankruptcy advisers, do the same and be sure they’re licensed if your state requires it. Don’t ever pay debt negotiation firms any cash up-front and be sure you can pay based on the result. Don’t hire someone who doesn’t have good references or makes you feel uncomfortable.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Now that you have been provided with some useful information about personal bankruptcy, carefully weigh your options. Making this decision is going to impact your life for several years. If you have considered all of the other options, carefully follow the correct steps to file for personal bankruptcy and prepare for what changes it will bring.

Bankruptcy attorney Taylorsville | Lawyer Millcreek | Lawyer Holladay

Do I Need a Lawyer for Debt Consolidation?

Debt Consolidation

No Other Article Online Provides You These Tips

Has the stress of too many bills each month got you down? Are you writing out check after check and not seeing your balances go down? Well don’t worry, that is why there is debt consolidation. In the following article there are great tips on how you can combine all your bills into one simple payment to help you get out of debt fast. If you’re past the point of no return, make sure you consult with a bankruptcy attorney before you file.

Understand the difference between debt consolidation and a home equity loan. Many companies will guise a home equity loan (where you put your home on the line for the debt) as true debt consolidation. That’s not always the wisest move to make, especially if you have a family involved. Know the differences and the risks before making that decision.

Be careful with the terms of collateral for any debt consolidation loan you apply for. Many times these types of loans will include a clause about your home, should you default on payments. Obviously, this could put you at serious risk should circumstances make meeting your loan payment difficult. Keep your home out of any loan agreement, and read the fine print.

Look into whether the debt consolidation firm you are considering approaches things individually or if they use a “one size fits all” approach. Quite often, those general approaches can be pretty cheap, but it may not be the best fit for your specific need. They may even cost you more money in the long run. A custom approach is typically the best.

Communicate with your creditors as much as possible. Let them know you fully intend on paying your debt back and ask if you can negotiate. Creditors know they have more chances of collecting on your debt if they stop charging you for late fees or interests and establish small monthly payments.

Family can step in to give you a loan when no one else will. Let them know how much interest you can afford, when you can pay and how much at a time, and then do it. You should not risk damaging your relationship with them.

When creating a list of creditors, don’t forget a single company or person. Include your car payments, mortgage, medical bills, overdue library books, student loan, utility bills, phone bills, cable bills, internet costs, magazine subscriptions, and anything else you might owe. Be sure to make a comprehensive list so that you can easily figure out what your next step should be.

It is important to realize that license laws for debt consolidation companies are not in place in Maryland and Florida. If you reside in one of these states, you may want to find an out-of-state consolidation firm to use. If you choose to use a company that is not required to be licensed, you could end up in some trouble with no legal recourse.

Combining all your bills into one simple payment is an easy process. All you need is to be educated on how it’s done. Don’t let the craziness of writing too many checks each month pile up on you. Take the valuable information learn here and use it to your advantage to simplify your bill paying process each month.