Michael D Lichfield

What You Can Do Now to Prevent Expensive Legal Battles Down the Road

Time is money, especially when it comes to the law. A primary reason is that in the majority of cases, attorneys are paid hourly. And additional legal experience an attorney brings to table is typically reflected in the rate. Combine this with the fact that litigation is often a long and cumbersome process, and you …

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What Happens When You and a Neighbor Disagree on Property Boundaries

As more land in Utah transitions from family farms to housing developments, disputes arise as to the location of parcel boundaries, the scope of easements, and the use of roads. Adjoining lot owners who have peacefully co-existed for decades can find themselves embroiled in controversy when it is discovered that what is on file with …

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Understanding Civil Litigation: How a Lawsuit Goes to Trial

If you have a legal claim or someone has filed a legal claim against you, the process can be very confusing.  Knowing the process, however, can reduce uncertainty, acrimony, and expense and lead to better decisions regarding how to proceed.  This civil litigation primer will discuss the basic steps of a typical lawsuit and what …

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Informed Consent—Protection for Both Patient and Practitioner

When someone mentions “medical malpractice,” we usually think of the horror stories: a surgeon operates on the wrong leg, a nurse administers potent drugs to the wrong patient. But not all claims against practitioners arise out of human error.  Sometimes a dissatisfied patient will bring a claim based on an outcome even if it is …

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UCC Financing Statements: Blank Space . . . I’ll Write Your (Correct) Name

As a creditor, you want security to ensure that you get paid the amounts owed you when you lend money or extend credit. One way to do that is through filing a Uniform Commercial Code-1 financing statement. Simply put, a financing statement is a way to put on record that a creditor is using something …

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The Subpoenaed Social Worker: Protecting Patient Privacy and Avoiding Liability

More and more, lawyers are turning to the records of social workers for evidence to support their cases. The result? Social workers are increasingly likely to find themselves on the receiving end of subpoenas. WHAT IS A SUBPOENA? Put simply, a subpoena is a formal demand for evidence. It may be issued by a judge, …

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Navigating Utah’s Prelitigation Process for Medical Malpractice Claims

It pays to go into prelitigation knowing what to expect along the way. If you’re a licensed medical professional facing a claim, addressing it can feel more than a little like finding yourself “within a forest dark,” to borrow from Dante. But there is a light in the forest. With a little background the process …

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Keep Out: Minimizing Liability for Non-Public Business Locations

For anyone operating a business or controlling a construction site, an unauthorized person entering a private area and leaving with an injury can be a big concern. In the courts, responsibility for injuries occurring on land you own or control is called “premises liability,” and the costs of treating such injuries can be hefty. Fortunately, …

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