Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  Why is it so hard to get an attorney for a simple uncontested divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Good question. Depends on the lawyer, but my thought is because it requires almost the same amount of work as a contested divorce but the attorney doesn’t get paid as much. From inside a law firm, clients who are unappreciative of what a lawyer does are not liked. Some people think lawyers should be free and so they don’t want to work where the perception is “they didn’t do anything” even if it is untrue. I understand you might not fall into this category, but some do. With that being said, many attorneys prefer to focus on more complex or contentious divorces because they can be more lucrative. Other attorneys charge a flat fee for uncontested divorces, which can be less than the cost of a more complex case. This causes many attorneys to refuse to take on these types of cases because their time is not compensated adequately for the amo...

  How are damages decided in a lawsuit? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Just now This depends of the type of lawsuit. Is the lawsuit based in  tort law ? Is the lawsuit based in  contract law ? How was the person or entity harmed? The answers to those questions will help form the structure for a determination of damages. With that being said, the court evaluates the evidence presented by both sides to determine the appropriate amount of damages. Damages are usually awarded to the prevailing party in a lawsuit, and the amount is determined by the court based on the evidence presented. Damages are typically awarded for losses suffered by the plaintiff as a result of the defendant’s wrongful conduct. The court considers the type of harm suffered, the amount of harm suffered, and the amount of damages necessary to compensate the plaintiff for the harm suffered. The court also considers the defendant’s ability to pay the damages. The ...

  What are some ways you can get 100% sued? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Don’t play with fire my friend. Stay away from getting sued. The only ones who like lawsuits are lawyers because they make money off of them. No one else likes them. With that being said, getting sued is a real risk for any individual or business, depending on the circumstances. There are a few ways one can increase the likelihood of being sued, and these include: 1.  Failing to meet contractual obligations . If a party fails to fulfill the obligations of a contract, the other party can file a lawsuit. This could be a contract for a service, purchase of goods, or other type of agreement. 2.  Causing harm or injury to another . A person or business can be sued if they cause harm or injury to another, either through negligence or intentional conduct. This could include car accidents, medical malpractice, or a product defect. 3.  Breach of fiduciary dut...

  What are some effects of bankruptcy in the USA on the person and their family? Tim Cella used to work at several law firms First thing I need to say is to talk to a lawyer before you file as it can ruin your life or save your life depending on your situation. Bankruptcy can have a significant effect on both a person and their family in the United States. In the most immediate sense, filing for bankruptcy can negatively affect a person's credit score and their ability to qualify for credit in the future. This can cause difficulties in obtaining necessary loans and can make it more difficult to purchase a house or car, or to open a business. Bankruptcy can also affect a person's job prospects, as some employers may view bankruptcy as a sign of financial instability or irresponsibility. For a family, bankruptcy can have the same negative effects on credit and job prospects. Furthermore, if the family relies on the person who has declared bankruptcy for income, the family may str...

  How do you start a limited liability company (LLC) that is not a nonprofit but still has tax benefits? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) I suggest you start with hiring a competent lawyer who works with  nonprofits  and LLCs, otherwise it’s likely to go poorly. With that being said, forming a limited liability company (LLC) that is not a nonprofit but still has tax benefits is follows this process: The first step is to choose a name for the LLC and ensure it is available. The name must end with “LLC," “L.L.C.,” “Limited Liability Company,” or some abbreviation of those words. The name should also not be too similar to existing business names. The second step is to file the Articles of Organization with the Secretary of State’s office (or if you are in Utah, it’s the Department of Commerce) (it might be different in your jurisdiction). The Articles of Organization will include information such as the LLC’s name, its purpose, the n...