Willow Creek Law, LC
8160 S. Highland Drive, Suite 300
Sandy, Utah 84093
801.233.0606

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Advance Medical Directive

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In Utah, you can designate someone to make medical decisions for you (in case you are unable to). That person is called a “health care agent.” This designation supersedes the previous way this was done, which was done by executing a special health care power of attorney. The same form can be used for making…

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Can I Set Up My Own LLC?

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Yes. Setting up your own Utah LLC is relatively simple. You file with the Utah Division of Corporations & Commercial Code and submit a fee and a Certificate of Organization. They’ve prepared a form version here. Once completed and approved, you have a company set-up in Utah. However, it is advisable not to rely on…

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How to Avoid Litigation

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Litigation is when someone sues someone else in court. A civil case can take a couple years to resolve. At the time of this writing, a civil complaint in a district court in Utah costs $360 just to file. When you’re also paying an attorney by the hour, the costs can add up. Before giving…

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Spendthrift Trust

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Under Utah law, a trust that contains “spendthrift” provisions is enforceable. This means that if the beneficiary–someone standing to inherit money or something else–named under the trust has creditors seeking money from him or her, the spendthrift clause can protect the beneficiary’s interest in the trust from those creditors under certain situations. For example, let’s…

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Summary Judgment

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Perhaps one of the most challenging parts of a lawsuit is when a party files a motion for summary judgment. This is a time when the whole case can come to a close early–or be around for the long haul. It’s also a time to deeply evaluate the strength of the evidence and the legal…

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Understanding Contract Disputes

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A fair amount of the disputes we handle at Willow Creek Law involve contracts. Often contract litigation involves other legal claims as well, but I want to address the core issues: how contract disputes work. Breach of Contract. At the core is some violation of a term in the contract itself. For example, if Company…

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Questions To Ask Before Hiring an Attorney

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What is your experience with [the area you need assistance in]? What hourly rate or flat fee will you charge for the work done? What is your approach or philosophy in dealing with this type of matter? What are some of the hazards a client faces in this type of situation? What advantage do you…

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New Utah Statute Affecting Limited Liability Companies (LLCs)

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Utah has recently adopted a new statute for limited liability companies (LLCs). The new act has a number of changes that could affect your LLC. You should seriously consider updating your operating agreement. Here are a few of the potentially impactful provisions: Limitation on Freedom to Contract?  The old statute specifically embraced the freedom to contract—the…

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Deposition Tips

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Depositions are a common tool used in lawsuits. They are formal proceedings that usually take place in an attorney’s office (often the one asking the questions).  An opposing party may ask you questions under oath. These are important discovery tools–tools used to help understand the facts of a case. The person answering the questions–the “deponent”–is…

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How Attorneys Bill

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Generally, attorneys most often bill by the hour or work for a flat fee.  While some attorneys bill on a contingent fee–meaning they collect a percentage of what you win in a case, if you win–those cases seem to more often involve personal injury, class action cases, and other similar disputes. Flat fees. Flat fees…

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