This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
Accidents always occur so fast and before you know it, you might find yourself already in a hospital trying to stay alive.
While trying to recover at the hospital, most of us usually have a hard time especially when you think about all your medical expenses and the bill you will have to pay when you are finally getting out of the hospital. Most of the time, the bill will always accumulate due to the fact that you will have to stay in the hospital for a couple more days during your recovery period before you are allowed to checkout.
This will often leave most of us really drained in terms of our finances and will therefore need a quick action in order to be financially stable again. This is basically why you need to have an accident and injury attorney as they are able to help you out during such situations. With that being said, below are some few reasons why it is a great idea having a personal injury attorney.
Well, personal injury attorneys are not always in any capacity to administer any form of treatment to you as this is obviously not in their line of profession. But, they can definitely help you to get that medical attention you so badly need.
This is why it is always important to contact them right away when you get involved in an accident. These are people with great network and might refer you to an excellent doctor where you will be able to receive quality treatment.
When you go to the right doctor, he or she will be able to help you fast enough in order to recover much faster. The doctors can also help you get the best settlement possible out of your case simply by serving as witness if the case is taken to trials.
Injuries can often cause you much pain and this can sometimes even lead to emotional trauma. Well, due to the suffering and pain you might be experiencing, your case might be affected since you won’t be able to bring some objectivity into it.
Your personal opinions and feelings might also get in the way and therefore affecting the case in one way or another. With a personal injury lawyer, the only thing that matters to them will be the facts of the case in order to come up with a solid case. This will help them to help you get the compensation you deserve for your troubles.
A problem usually becomes quite easy to solve when you have several options to go about it, right? You only need to go through them and pick one that will be more efficient and effective to your problem.
This is something that a personal injury attorney can help you with. If you are having a personal injury claim, you can always go for a personal injury lawsuit or choose to file an insurance claim. Most lawyers will often recommend the court option as the last resort since it can take much time before the case is settled.
However, this will become the only option left if the offender has refused or failed to take responsibility for your injuries. Having a personal injury lawyer will be able to take you through these options and advise you on the best one to go for depending on the situation.
Even when there is a hostage situation and the swat team is called, there will always be that one person who is always called to come and negotiate with the criminals on behalf of the team just because they have great negotiation skills.
This is the same with attorney at Ascent Law; they will always speak for you so that you can get the best possible settlement. Going alone wouldn’t be such a great idea as the other side will probably be having great representatives too who are well trained for such situation and therefore you wouldn’t stand a chance against them. They will also go as far as persuading you to accept a low compensation or even nothing at all as they will be looking out for their client’s best interests. This is why you will need to find a great lawyer to represent you as well. Follow this link to see the importance of having great negotiation skills.
Personal injury lawyers can really help you even much more than you thought and therefore it is always a good idea if you contact one when you get involved in an accident.
If you’ve been injured and need legal help, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
A home is the most expensive purchase most people make, so it should be no surprise that buying a home is quite a bit more complicated than other purchases and involves many moving parts. Prospective home buyers have to learn an entirely new vocabulary in order to understand the vast web of lending laws, state and municipal land use laws, all of the required inspections, and other the small but important details. This section contains a vast collection of resources to help you make sense of it all, including handy checklists of documents you may need and questions to ask your real estate agents and lawyers.
It cannot be overstated how significant and life-changing the home-buying process is for most people, particularly since the majority of home mortgages are paid over a 30-year period. Before you even start looking for homes, however, you need to determine whether you’re actually ready to buy by considering your finances, credit history, and cash on hand. Also, you need to consider not only how much you can spend each month on mortgage payments, but also the ongoing and “surprise” costs associated with home ownership.
You shouldn’t feel rushed when buying a home, since time often is on your side as a buyer. If you need more money for a down payment (which will lower your monthly payments are perhaps give you a better rate), then you can set a target for when you expect to have enough saved. If the market is particularly volatile, perhaps you want to wait until it has settled before jumping in. In any event, make sure you know what you’re getting into.
One of the ways to get a handle on the home-buying process is to learn the applicable legal, financial, and real estate-specific terminology. Many of these terms will be found in contractual language, so learning their meaning will help you make better decisions and understand what it is you’re signing. You should know what an Acceleration Clause is. It is a condition in a mortgage that may require the balance of the loan to become due immediately, if regular mortgage payments are not made or for breach of other conditions of the mortgage. A Contract for Deed is a contract for deed is a contract that allows a buyer to take possession of property in exchange for monthly payments until the balance is paid off, even though the seller maintains legal title to the property until the final payment is made. The parties negotiate the terms of a contract for deed. A Quitclaim Deed is a deed which transfers whatever interest the maker of the deed may have in the particular parcel of land. A quitclaim deed is often given to clear the title when the grantor’s interest in a property is questionable. By accepting such a deed the buyer assumes all the risks. Such a deed makes no warranties as to the title, but simply transfers to the buyer whatever interest the grantor has.
This section also includes a home buyer’s financial worksheet, where prospective home buyers list their various household expenses and sources of income. Basically, this worksheet is designed to help you determine how much you can afford and how much you need to save for a down payment. While it may look complicated at first glance, just follow the instructions to get the most out of it.
When you need legal help with real estate in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
The following scenario is quite common: a business has a smart, creative employee who finds the time and has the inclination to tinker with the company’s products or manufacturing processes. Perhaps he works at this project on his own time in the shop, or maybe he does it at home. Finally, he has a breakthrough and comes up with a process or an improvement to a machine that dramatically reduces his employer’s cost of manufacturing. Or, maybe his idea results in a better product for his employer’s customers.
With respect to the new device or process, does the invention become the property of the employer or of the employee? The employee used his initiative, but he used the employer’s resources, and even if he used his own tools and time he would never have begun to work on the project if he had not been exposed to it through his employment in the first place.
Who owns any forthcoming patent to the new device or process? It’s not a simple answer and depends on a number of factors. If, after reading over this information, you still have questions. Please call us to talk about your specific situation.
The general rule is that, in the absence of an agreement to the contrary, an employer is entitled to a nonexclusive license to use an invention devised by an employee while he or she was working for the employer. In the context of patents, the foregoing rule is referred to as the “shopright doctrine.”
Although the employer is afforded a nonexclusive license to use the invention without paying royalties to the employee, the invention actually is owned by the employee. This employee has the right to exploit it commercially, typically by selling or licensing it to other users. Even where the employee works on the invention on his own time, this rule usually applies if the employer’s resources are used to any significant extent.
A wholly different situation is presented, however, where the employee is engaged by the employer to develop and work on the invention that later becomes the subject of a patent. For example, an employee is engaged by his employer to work on a device that later becomes the subject of the employee’s patent. The employer seeks to obtain an assignment and transfer of the patent, arguing that the employee had invented the device in question while employed precisely to work on the device that became the subject of the patent.
A court would conclude that while the employment relationship itself does not preclude an employee from making improvements to his employer’s processes and obtaining patents for those improvements, if an employee’s job involves inventing or devising such improvements, any resulting patents belong to the employer. Basically, the employee is merely doing what he or she was hired to do.
Patents can only be conferred by the federal Patent Office, not by any state. But once the patent has been issued the rights to the patent are decided under state law. In many cases, an employer will obtain from an employee an agreement to assign any patents developed while working on the employer’s business. Those kinds of agreements generally are enforceable. Even in the absence of such an agreement, the employer still may compel the employee to transfer the patent to the employer if the employee was hired to work on the project from which the invention resulted.
The rules pertaining to employee inventions are not limited to patents, but apply to other kinds of intellectual property rights. In one case, for example, university professors devised a process for producing milk by introducing beneficial bacteria. Later, milk produced using this process was sold under a certain trademark that the university owned and licensed to dairies. The university declined to pay royalties to the professors who claimed to be the inventors of the process that led to the trademark, so the professors brought suit against the university.
The court concluded that the trademark belonged to the university, as the professors’ employer, and that there was no obligation on the part of the university to pay royalties to the individual inventors. Importantly, the court found that the professors, when they were conducting the research that led to the invention or development of the trademarked process, were doing precisely what they had been hired to do.
When you need help with inventions made by emcall Ascent Law for your free intellectual property law consultation (801) 676-5506. We want to help you.
One of the advantages of a sole proprietorship is its simplicity. You do not separate taxes for your business, you simply report all of your business income and losses on your personal income tax return. But with that simplicity comes personal liability for legal judgments, taxes, and debt. You will need to make quarterly tax payments based on estimates for the year, for which you will be refunded or charged — depending on whether you over- or underpaid — at the regular April 15 federal tax deadline. You also will need to pay self-employment taxes (since there are no “payroll” taxes).
Unlike a traditional employee, as a sole proprietor you don’t have anyone withholding income taxes from your paycheck. This means that it is your job to estimate how much you’ll owe in taxes at the end of each year. You will then make quarterly payments based on your estimations to the Internal Revenue Service (IRS) and, if required, to your state as well.
Your sole proprietorship’s profits are treated as simple income on your personal income tax return, but with a few caveats. First, you will be taxed for the full profits of your business, even if you have not personally withdrawn the money. Second, in addition to a traditional personal income tax statement, you will have to fill out a Schedule C (detailing your profits or losses) and a Schedule SE (see the information on self-employment taxes below) which you submit alongside your 1040 income tax return to the IRS.
In a sole proprietorship, you can take business deductions just like with other forms of business. This means that you can deduct things such as operating expenses and advertising, as well as business-related travel and entertainment (though be very careful to ensure it really is business-related). Start-up costs, such as buying business equipment, can also typically be deducted.
To take advantage of deductions, however, you will need to keep meticulous records. If you’re going to take a deduction, you should be able to demonstrate to the IRS that it was a legitimate business expense.
Finally, it is smart to keep separate accounts for your personal and business expenses. This will help you maintain clear, business-only records. Just as importantly, this will also demonstrate to the IRS if they ever audit you that you tried to separate your business expenditures from your personal ones.
As a sole proprietor, you must pay self-employment taxes (contributions to Social Security and Medicare). Employees have this deducted from their paychecks, but as a sole proprietor, it is up to you to make these contributions while paying your income taxes. You will report your self-employment taxes on a Schedule SE which is submitted along with your Schedule C (see above) and 1040 income tax return. A significant difference between a sole proprietor and an employee, however, is that the sole proprietor will have to pay the full contribution, whereas employees only pay half because their contributions are matched by their employers. This can be largely offset, however, because sole proprietors can deduct up to half of the total cost of these contributions.
Finally, it pays to compare how a sole proprietorship is taxed to how other business forms are taxed to make an intelligent decision about how to run your business. The primary difference in tax treatment is that sole proprietorship profits are treated as personal income, whereas corporations are taxed separately. Because sole proprietorship income is taxed as personal income, the tax amount depends on your personal income tax bracket. Corporations, however, are not only taxed separately, but also typically have lower tax rates than personal income. You will often end up paying fewer taxes by incorporating your business than running it as a sole proprietorship.
Despite the fact that many businesses would owe fewer taxes as a corporation, balance that against the added time and expense of having to prepare corporate taxes. For smaller businesses, any tax savings may be outweighed by the cost and complexity of filing a corporate tax return.
When you need legal help with sole proprietorship taxes, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Helpful Tax Law Articles
If you owe taxes to the IRS but didn’t send payment with your return, the IRS will probably send you a bill. When you receive the bill, you shouldn’t panic. However, you shouldn’t ignore it either. The IRS charges heavy penalties and fines on unpaid tax debt. If possible, pay your bill in full by check, credit card, debit card, or electronic fund transfer as soon as possible. The IRS website has more information on how to do this. However, if paying your bill in full is not possible, or if the bill contains an error, read on for tips on what to do next.
If you received a bill that you think is in error, contact the IRS as soon as possible. The appropriate contact information should be listed somewhere on your bill. Prepare a written explanation of why you think the bill should be reduced. Include copies of any supporting documents, including past tax returns, receipts, past tax payments, etc. Do not send originals unless specifically requested to do so – you may never see these documents again.
You should also make sure to keep good records of any communication between you and the IRS. Keep copies of any written correspondence along with the rest of your tax documents. If you choose to conduct business over the phone, keep a journal of each phone conversation, noting the date and time of each call, the name and ID of any person with whom you spoke, any relevant contact information, and the substance of the conversation. You may also want to speak to a tax attorney who may be able to advocate on your behalf.
First, consider sending the IRS an Offer in Compromise to see if you can get your tax bill reduced. If that’s unsuccessful, you should reach for your calculator. The IRS charges a late penalty of .5 percent for every month a tax bill is not paid. That amount will increase each month until it reaches 25 percent of the total tax debt. On top of that, the IRS charges interest on back taxes, penalties, and interest of 3 percent per year, compounded daily. Many people are able to take out a loan to cover their tax debt at a lower interest rate than the IRS. Even paying through credit card may offer a better overall interest rate, although it will probably be fairly close.
If you don’t want to take out a loan, you can try to set up a payment plan with the IRS. However, you’ll still pay interest on your total tax debt, and you’ll need to pay a startup fee to file the application for a payment plan. Keep in mind that any future refunds will be applied directly to your tax bill, but that doesn’t mean you can skip a payment under your plan.
Finally, if your tax debt is older, you may be able to get it discharged through bankruptcy under certain circumstances. A bankruptcy lawyer will be able to evaluate your situation and explain your options to you.
When you need legal help with an IRS tax bill, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Finding the right name for your business is very important for branding and identity, particularly for those in a crowded field hoping to stand apart from the crowd. But simply finding a catchy and unique name is not enough, since it may cause confusion with another business (even if that business is in a completely different line of work) or expose you to legal trouble. Aside from legal challenges by similarly named businesses or products, changing your company’s name (and Internet address) after launching can undo all of the hard work you’ve invested into brand awareness and marketing.
Specifically, you want to make sure that your business name does not infringe upon the trademark rights of another party. Conducting the necessary research and care into choosing a business name now can save you from stress and loss of business down the road. Remember that when it comes to your trademark, or IP Law in general, you are the one that has to protect your trademark rights. The government doesn’t do it for you. It’s not like the police seeking to prevent crime or something like that. You’ve got to be diligent to make sure that no once steals or infringes upon your rights.
Here are some things that you should do. Ask your attorney to perform a thorough trademark search in order to determine that no other business is already using the name of your business, products, or services. Make sure you register your trademark in order to get the most protection for your trademark rights.
Be on the lookout for other companies, products, and services that are or might be using the same business, product, or service name as yours. Watch for names that are confusingly similar to yours. If you see something weird or a potential problem, contact your attorney if you are aware or suspect that another company may be infringing on your trademark.
While you are at it, be sure to ask your lawyer to contact possible infringers and ask them to cease and desist their use of your name or mark. Ask your attorney to monitor relevant resources in order to watch for potential infringers. Have your attorney file a Notice of Opposition if he or she becomes aware of a trademark application that could infringe on your mark. Be sure to use your registered mark exactly as it appears on your registration.
Make sure that you also use your trademark on all of your business cards, stationery, invoices, advertising, signs, and packaging. Contact your attorney if you have any questions about your trademark rights before, during, or after the registration process. If you follow these best practices, you’ll protect your trademark rights. You want to do this because if you don’t follow your IP lawyer’s advice, you might lose your trademark and will have spent a lot of time and effort on nothing. You really don’t want that to happen.
When you need legal help with trademark rights, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Brandon M. Evans, Esq.
Attorney and Counselor at Law
When Brandon was admitted to the Utah Bar he fulfilled a dream whose inception began in his youth as a result of learning of the Founding Fathers and the Constitution. He is also admitted to the District of Columbia, Washington DC, Bar. While very grateful that he was able to fulfill this dream. Whether you are working to build, protect, or salvage your dream, Brandon can help you.
Whether you are getting married, getting un-married, creating a new business, defending your business, selling or ending your business, dealing with criminal concerns, planning your estate, seeking permanent immigration status, or recouping damages, Brandon will negotiate and litigate for you and your dreams.
Other dreams that Brandon enjoys creating and fulfilling are spending time doing activities: woodworking, gardening, board games, camping, and reading. Brandon loves that his wife and three children also enjoy those activities.
Brandon enjoys the following areas of legal practice: