Was Your Business Sued in Utah? What to Do in the First Week

Getting sued can rattle even a well-run business. Most business owners do not deal with lawsuits often. When you receive a summons and complaint, the first instinct often looks like one of three bad options: ignore it, fire off an angry response, or assume the facts will sort themselves out later. None of those moves helps.

The first week matters. Early mistakes can cost you leverage, increase fees, and create avoidable problems with evidence, insurance, and court deadlines. In Utah, a defendant generally must file an answer within 21 days after service inside the state and 30 days after service outside the state, unless a statute or court order says otherwise. ¹

This article explains what businesses should do in the first week after being sued in Utah.

Day 1: Do Not Ignore the Lawsuit

Ignoring a lawsuit is one of the first mistakes businesses can make. A lawsuit does not disappear because you think the claim is fraudulent or false. If you miss the deadline to respond to the complaint, the plaintiff (the party suing) can seek a default judgment against the defendant (the party being sued). A default judgment is an automatic win for the plaintiff because the defendant didn’t oppose the case.²

When you receive a lawsuit, start with the basics:

  • Confirm the date and method of service.
  • Confirm exactly who got served.
  • Confirm which entity the plaintiff named.
  • Confirm which court the case sits in.

What location the court case sits in is very important. A commercial case may proceed in Utah state courts, federal court, or, in some cases, the Utah State Business and Chancery Court specialized forum for certain complex business and equitable disputes.³

Day 2: Gather the Core Documents

Once you know about a lawsuit, you need to preserve evidence. That means more than keeping the contract. It means preserving the full record, including emails, text messages, internal messages, drafts, notes, invoices, change orders, payment records, calendars, and relevant electronically stored information.

Tell the right employees, in writing, not to delete anything related to the dispute. That includes routine deletion practices. A good litigation hold should reach the people who touched the events, not just senior management.

If your business uses Slack, Teams, QuickBooks, project management tools, or cloud storage, preserve those sources too. Commercial cases often turn on ordinary business records that nobody thought looked important at the time.

Build a clean starter file with:

  • Summons and complaint.
  • All relevant contracts and amendments.
  • Key emails and text messages.
  • Invoices and payment records.
  • Notice of default or termination.
  • Insurance policies.
  • Ownership or organizational documents if entity issues may matter.
  • A chronology of what happened.

A short chronology helps more than most clients realize. Two pages of clear facts can save a lot of wasted legal time.

Day 3: Check Insurance Immediately

Many businesses wait too long to check their insurance. If a claim may implicate coverage, tender it right away. That can include:

  • General liability policies.
  • Errors and omissions coverage.
  • Director and officer coverage.
  • Cyber coverage.
  • Employment practice coverage.
  • Other specialty policies.

Even if you suspect the insurance carrier will deny coverage, do not make that decision yourself. Late notice can create a second problem you do not need.

Day 4: Stop Casual Internal Commentary

Once a lawsuit is filed, loose talk becomes evidence. That includes:

  • Sarcastic emails.
  • “Hot takes” in group chats.
  • Rewritten narratives after the fact.
  • Broad internal accusations about who caused the problem.

Do not coach employees or any witnesses. Do not clean up bad facts. Do not create a polished story that did not exist before. Those moves backfire. Instead, direct employees to preserve documents and route communications through the right internal contact and outside counsel.

Day 5: Evaluate the Forum and Early Legal Strategy

Not every case calls for the same response. Some cases should move toward quick resolution. Others need an immediate aggressive defense. Others may belong in mediation or arbitration rather than court, depending on the contract. Your attorney should assess questions like these early:

Is the Plaintiff suing the right entity?

Plaintiffs sometimes name the wrong LLC, an inactive entity, or the wrong party to the contract.

Does the contract require mediation, arbitration, or a specific venue?

A forum-selection clause or arbitration clause can change the whole case.

Are there jurisdiction or service issues?

Defective service of process and wrong forum problems matter, and they need to be analyzed quickly.

Do you have counterclaims?

A business that only reacts can lose leverage. Some defendants have strong counterclaims against the plaintiff.

Is an early motion worth it?

A motion to dismiss can help the right case, but not every case benefits from one.

Day 6: Prepare the Right Response, Not Just Any Response

A rushed answer can hurt you. Your first filing should protect defenses, preserve options, and fit the actual strategy. Under Utah Rule of Civil Procedure 12(b), certain defenses may be raised by motion before filing an answer, including:

  1. Lack of jurisdiction over the subject matter.
  2. Lack of jurisdiction over the person.
  3. Improper venue.
  4. Insufficiency of process.
  5. Insufficiency of service of process.
  6. Failure to state a claim upon which relief can be granted.
  7. Failure to join an indispensable party. ⁴

That does not mean every case should start with a Rule 12(b) motion. It means you need a deliberate decision.

Day 7: Build the Business, Not Just the Legal Case

By the end of the first week, you should understand more than the pleadings. You should have a working view of:

  • Your best facts;
  • Your worst facts;
  • The likely business cost of the dispute;
  • Whether a commercial relationship can still be saved; and
  • What outcome makes sense.

Litigation strategy should match business reality. Sometimes the right answer is to fight. Sometimes it is to negotiate hard and early. Sometimes it is to solve the immediate injunction or payment problem first and worry about the rest later.

The point is simple: do not let the plaintiff define the case before you understand your own.

What If a Default Judgment Has Already Happened?

Do not assume the case is over. If a plaintiff has already obtained an entry of default or default judgment against your company, you should act quickly. Under Utah Rule of Civil Procedure 55(c), a court may set aside an entry of default for good cause. If the court has already entered a default judgment, relief generally falls under Rule 60(b), which allows a court to set aside a judgment for reasons such as mistakes, inadvertence, surprise, excusable neglect, fraud, or if the judgment is void. A motion to set aside default or judgment must be filed within a reasonable time, and some Rule 60(b) grounds carry a 90-day outside limit.⁵

That does not mean every default judgment can be undone. It does mean a business should not sit still and assume nothing can be done. Speed matters here. The longer a company waits, the harder it can become to explain the delay and persuade the court to reopen the case. If a default judgment has been entered into against your business, you should speak with a business litigation attorney right away to assess whether relief is still available.

When Should I Call a Business Litigation Attorney?

You should call a business litigation attorney early in a business lawsuit. If your business had been sued in Utah, you should involve counsel before the deadline shrinks and before internal communications create new problems. Utah courts require defendants to respond quickly, and early procedural choices can shape the case from the start.

A lawsuit against a business does not just create legal risk; it creates business risk. The first seven days often determine whether your company starts from a position of control or from a position of catch-up. If you act quickly, preserve the records, and make deliberate decisions about deadlines, insurance, forum, and legal strategy, you put your business in a much stronger position.

If your business has been sued in Utah, Christensen & Jensen can help you evaluate the claims, protect your defenses, and respond with a strategy that fits both the case and your business objectives. Contact our team to discuss your options.

FAQ: Utah Business Lawsuits

  • Usually, 21 days after service in Utah and 30 days after service outside Utah, unless a statute or court order sets a different deadline.

  • Yes. However, filing a rushed or incomplete answer can waive defenses or create strategic problems. The better approach is to have a lawyer to help you understand the actual claims, deadlines, and available defenses before filing something that locks your business into a disadvantageous position.

  • The plaintiff may seek a default judgment if no timely response is filed.

  • Do not assume the case is over. Under Utah Rule of Civil Procedure 55(c), a court may set aside an entry of default for good cause, and Rule 60(b) may allow relief from a default judgment in certain circumstances. If a default or default judgment has already been entered, your business should get legal advice immediately.

  • You still need to respond. Many defendants ignore lawsuits because they assume the facts will eventually clear things up. That is a mistake. A false claim can still lead to a default judgment if your business does not answer or otherwise respond on time.

Employment Contracts: What to Know Before You Sign

In Utah, you may be handed an offer letter or contract on day one of a new job with terms you have never had to think about before. Whether you are a new doctor starting residency, a computer engineer in the middle of a hiring process, a salesperson joining a new enterprise, or one of the approximately 7% of workers classified as independent contractors,1In November 2024, the Bureau of Labor Statistics reported that 7.4% of workers were independent contractors (https://www.bls.gov/news.release/conemp.nr0.htm) the fine print can affect your pay, your schedule, your side projects, and where you can work next. This article breaks down Utah employment contracts and highlights the clauses to review before you sign.

Utah At-Will Employment and Unwritten Contracts: The Basics

Many employers do not use written employment contracts. The default assumption in every American jurisdiction except Montana is that employees are “at-will.”2Mont. Code § 39-2-904(b)(https://mca.legmt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0040/0390-0020-0090-0040.html). At-will employment means that you can freely give up your job to do something else at any time. It also means that you can be fired at any time, for almost any reason, or even for no reason at all (if the reason isn’t illegal, like discrimination based on a protected class membership, such as race or religion).

However, even when you are an at-will employee, your terms of work and compensation are governed by a contract. That may seem counterintuitive, but it makes more sense when you understand that the terms of unwritten contracts can be implied through what people do regularly.

Implied Terms Through Consistent Practice

What if your employer pays you the same $2,500 every two weeks, and you come into work every weekday when you are expected to? Then, your unwritten implied contract is that you’ll work when expected to for $2,500 every two weeks.

However, unwritten employment contracts like this can be altered at any time, and if you continue to work after the altered term is enacted by your employer, through those repeated actions, you’re continuously agreeing to the new terms and conditions of work.

Changed Terms Accepted by Continued Work

What if your employer starts having you come into work on Saturday-Wednesday, instead of Monday-Friday, and only pays you $2,400 every two weeks? Well, as long as you keep showing up for work, that’s your new contract.

Because your employment is at-will, you’re free to quit if you don’t like the new terms, so most of the time, employers do not cut pay like that. Employers also must comply with laws containing various government requirements, such as federal payroll taxes, reporting to the state government when they’ve hired someone, and overtime pay requirements.

Written Employment Contracts in Utah: Offer Letters, Key Terms, and What’s Binding

Written employment contracts are common enough, but many workers do not have one, especially in the kind of service jobs that many people work in when they are younger. “Handshake deals” and verbal agreements are much more common. So, as a young professional, you may be encountering a written employment contract for the first time.

Written employment contracts can be simple or very complex. A one-page offer letter with your salary and certain terms of employment is a written employment contract. Notably, a written contract like that would not change your default status of at-will employment. Your employment contract could also take the form of a thick ream of paper printed double-sided with dense legal-ese. It really depends on your employer, their legal sophistication, and their expectations.

How are Contracts Built?

Contracts are built on a simple exchange: “I give you something in exchange for you giving me something.”

In written employment contracts, employers usually give a promise of a certain rate and method of pay, whether a fixed annual salary or an hourly wage. In exchange, the employer expects your promise to abide by certain terms and conditions of work, which they write out in the contract.

Sometimes those terms and conditions are clearly stated. Other times, those terms and conditions are obscured, for example:

  • Clear terms: “You will work 9:00 AM to 5:00 PM, Monday through Friday, except state and federal holidays.”
  • Obscured terms: “Employee agrees to abide by Employer’s Social Media Policy.” The employer may not have given you a “Social Media Policy”, either in writing or as an oral explanation, at the point that you’re being asked to sign the employment contract. Sometimes, they might not even have one written down.

Things to Look for in Your Written Employment Contract

Pay Structure

Ideally, your contract will:

  • Clearly explain how you are paid.
  • When you are paid.
  • What conditions apply.

Pay terms may include:

  • Bonuses.
  • Commissions.
  • Equity.
  • Incentive compensation.

Pay close attention to:

  • Whether bonuses are discretionary or guaranteed.
  • Whether commissions are earned when a deal is signed or only when payment is collected.
  • What happens if your employment ends mid‑period.

Ambiguity in pay structure almost always favors the employer later. Written clarity matters because wage and hour laws typically enforce what the contract says, not informal assurances. Under federal law, non‑discretionary compensation is often treated differently than discretionary bonuses, especially for overtime and minimum‑wage purposes.3See Fair Labor Standards Act (https://www.dol.gov/agencies/whd/flsa).

Exempt vs. Non-Exempt

One of the most important labels in an employment contract is whether you are “exempt” or “non‑exempt.”

Exempt refers to whether you are covered by certain wages and hour laws. Employers often describe exempt status as a benefit or sign of professionalism, but legally, it is a classification with strict requirements. Under the Fair Labor Standards Act, an exemption depends on both pay level and actual job duties, not just your job title.4See id. If your contract says you are exempt, your job responsibilities should genuinely match one of the recognized exemption categories, such as executive, administrative, or professional work.529 CFR Part 541 (https://www.ecfr.gov/current/title-29/part-541).

Non‑exempt employees are entitled to overtime pay for hours worked over 40 in a workweek, while exempt employees generally are not.

Misclassification is common and can be costly for employees who routinely work long hours without overtime.

Conflict of Interest, Non-Compete, and Non-Solicitation Clauses

Many employment contracts contain restrictions on what you may do during and after employment.

Conflict‑of‑interest clauses may limit:

  • Outside work.
  • Side businesses.
  • Volunteer activities.

Non‑compete clauses attempt to restrict where you can work after leaving or whether you can work in the same industry, while non‑solicitation clauses may prevent you from contacting clients or coworkers to recruit them after you leave a job. These provisions are highly state‑specific and frequently overbroad. Such clauses may ultimately be unenforceable or only partially enforceable.

When reading clauses, pay close attention to:

  • Duration.
  • Geographic scope.
  • What conduct is prohibited.

Do not assume these clauses are “standard” or harmless.

Intellectual Property: Invention Assignment and Work-for-Hire Terms

Employment contracts often include provisions stating that anything you create related to your work belongs to the employer. This can include copyrightable creative works and inventions. Provisions such as these are especially common in fields such as graphic design, computer programming, and medical sciences.

“Work‑for‑hire” language applies mainly to copyright law and does not automatically transfer patent rights, which usually start with the inventor unless assigned by contract.

Invention assignment clauses can be extremely broad, sometimes covering ideas developed on personal time or using general skills. If you have side projects, freelance work, or entrepreneurial goals, these clauses deserve careful review. At a minimum, understand what must be disclosed, what is excluded, and whether pre‑existing work is protected.

Other Documents Incorporated by Reference

Finally, watch for terms referencing documents besides the one in front of you, especially language stating that other documents, such as employee handbooks, employer policies, or equity compensation plans, are “incorporated by reference.” This means those documents become legally binding even if they are not attached. Employers can sometimes amend these documents unilaterally, changing key terms after you have already signed. You should ask to review every incorporated document before agreeing and confirm whether future amendments automatically apply to you. Even if you have not seen it, you may still be bound by it.

W-2 Employees vs. 1099 Independent Contractors: Demystifying the Difference

One reason you may be signing a contract for your job is that you are an “independent contractor.” Independent contractors are also sometimes called “1099 contractors,” after the federal tax form that they get from companies that hire them.

What makes a worker an independent contractor rather than an “employee?”

Employees (or “W-2 employees,” after their federal tax form) get a lot more protection from labor and employment laws, including receiving required health benefits of some kind for full-time employees, employer-managed income tax and Social Security withholding, and collective bargaining rights.

Independent contractors, by contrast, just get paid their contracted amount and must pay all their own taxes out of that amount. Their benefit is their ability to control their work. That is the main difference between an independent contractor and an employee. It’s in the name: “independent.”

The more independence you have in your terms of work, the more likely you are to be correctly classified as an independent contractor. If the person who hires you doesn’t tell you how to get the job done, with what tools, when exactly you are required to do which part of the work, etc., then you are probably an independent contractor. The more your work is controlled by your employer, the more likely you are to be properly classified as a W-2 employee.

Get Help Reviewing a Utah Employment Contract Before You Sign

An employment contract can shape your pay, flexibility, and career options long after your first day on the job. If you are considering an offer letter, a non-compete or non-solicitation clause, an invention assignment, or a contractor agreement, it is often worth getting a second set of eyes on the fine print—especially because Utah rules can differ from those of other states.

For guidance tailored to your situation, contact Christensen & Jensen to review your agreement, explain key terms, and help you identify issues to negotiate before you sign.

Sexual Assault on Campus: What Students Need to Know

A sexual assault can upend every part of your life. You may feel unsafe on campus, struggle to attend classes, sleep, study, or stay in school. The school may make you feel like you need to carry the harm quietly while everyone else moves on. You may also assume the school’s internal process is your only option.  In some cases, it is not.

This article explains what Title IX may protect, what steps can help protect your rights, and when to speak to a lawyer.

Understanding Your Rights Under Title IX

A Title IX lawsuit usually focuses less on the assault itself and more on the institution’s response after the school had the kind of notice the law requires.

“Title IX prohibits sex discrimination by recipients of federal education funding.”1Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173, 125 S. Ct. 1497, 1503, 161 L. Ed. 2d 361 (2005). The statute provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” with limited exceptions.220 U.S.C.A. § 1681 (a).

When a School’s Response Becomes a Legal Issue

Title IX protects a student’s ability to access education on equal terms. If a school knows about serious sex-based misconduct and responds in a way that leaves a student unable to attend class safely, remain in housing, participate in campus life, or continue school on equal footing, that failure may create a legal problem.

The federal law recognizes a private right to sue under Title IX and has confirmed that money damages can be available in an appropriate case, but a school does not violate Title IX every time an assault happens.3See Farmer v. Kansas State Univ., 918 F.3d 1094, 1098 (10th Cir. 2019) (“Title IX is enforceable, not only by federal administrative agencies, but also through private causes of action”); see also Doe v. Univ. of Denver, 1 F.4th 822, 828 (10th Cir. 2021) (“Where sex-based discrimination is intentional, Title IX is enforceable through a cause of action for which money damages are available”). However, when a school has an actual notice, for example, one student sexually harassing another student, but it responds in a clearly unreasonable way or deliberately indifferent way, the law may allow the student to seek relief against the school.4Farmer v. Kansas State Univ., 918 F.3d 1094 (10th Cir. 2019); see Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999) (holding “ a private damages action may lie against a school board under Title IX in cases of student-on-student harassment, but only where the funding recipient acts with deliberate indifference and the harassment is so severe that it effectively bars the victim’s access to an educational opportunity or benefit”). Overall, a student needs to show facts like these:

  • The school had actual notice through the right kind of official.
  • The school had the power to do something.
  • The school responded with deliberate indifference, not just an imperfect decision.
  • The misconduct was serious enough to interfere with the student’s education.

Key Elements of a Title IX Claim

To establish a Title IX claim of deliberate indifference to student-on-student sexual harassment, the plaintiff must prove that the school “(1) had actual knowledge of, and (2) was deliberately indifferent to (3) harassment that was so severe, pervasive and objectively offensive that it (4) deprived the victim of access to the educational benefits or opportunities provided by the school.” 5Doe v. Sch. Dist. No. 1, Denver, Colorado, 970 F.3d 1300, 1308 (10th Cir. 2020) (quoting Murrell v. Sch. Dist. No. 1, Denver, Colo., 186 F.3d 1238, 1246 (10th Cir. 1999).

What “Actual Notice” Means in Practice

Actual notice usually means the right school official knew enough about the situation to trigger an institutional response, for example, your school’s Title IX Coordinator. Not every conversation with every employee counts the same way.6See Rost ex rel. K.C. v. Steamboat Springs RE-2 Sch. Dist., 511 F.3d 1114 (10th Cir. 2008) (holding student’s statement that boys were bothering her did not provide district with actual knowledge of sexual harassment for purposes of Title IX”). Who knew what, when they knew it, and what school authority they had can make or break the case. That is one reason documentation matters. If you reported the assault to the Title IX office, dean of students, housing official, campus police, or another administrator with authority, save that record. If you told a professor who forwarded it, save that too. Dates matter. Names matter. Emails matter.

How Courts Define “Deliberate Indifference”

Deliberate indifference does not mean the school made a small mistake.7See Farmer v. Kansas State Univ., 918 F.3d 1094, 1099 (10th Cir. 2019) (Title IX does not require a federal funding recipient to acquiesce in the particular remedial action a victim seeks).  It means the school’s response was “clearly unreasonable in light of known circumstances.”8Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 630, 119 S. Ct. 1661, 1665, 143 L. Ed. 2d 839 (1999) A student may raise concern about deliberate indifference when a school:

  • Ignores the report.
  • Delays for no good reason.
  • Discourages reporting.
  • Refuses supportive measures without explanation.
  • Fails to enforce protective steps.
  • Lets retaliation continue.
  • Or handles the matter in a way that leaves the student without meaningful access to education.

Not every disappointing outcome proves deliberate indifference. But a pattern of inaction, deflection, or meaningless process can support a serious claim.

Warning Signs a School May Be Failing You

If your college or university mishandled a sexual assault report, do not wait for the situation to sort itself out. Start building a clean factual record. A strong case usually depends on disciplined fact development, not just understandable outrage. That is why early documentation can make a real difference.

Steps to Protect Your Rights After Sexual Assault

Document Everything

You should save all evidence of the event, including:

  • Emails.
  • Texts.
  • Screenshots.
  • Call logs.
  • Social media messages.
  • Class communications.
  • Housing notices.
  • Medical records.
  • Counseling records.
  • And any school determinations.

Keep everything in one folder.

Write a Timeline While the Facts Still Feel Fresh

Write down a timeline while the facts still feel fresh.

Include:

  • When the assault happened.
  • When you reported it.
  • Who you told.
  • What each person said.
  • What the school promised.
  • What the school actually did.
  • When delays happened.
  • How the situation affected class, housing, safety, and daily life.

You do not need perfect writing. You need accurate facts.

Identify Who at the School Knew

Make a list of every person you talked to about harassment. Include their title, the date, what you told them, and what they said they would do.

This step matters because Title IX cases often turn on notice. The cleaner your record, the stronger your position.

Document the Impact on Your Education

Do not stop at “the school handled this badly.” Show the consequences. For example, document whether you:

  • Missed class.
  • Changed housing.
  • Dropped courses.
  • Lost a scholarship.
  • Withdrew from activities.
  • Avoided parts of campus.
  • Suffered grade declines.
  • Or considered transfer or leave.

A school’s Title IX liability is tied to the denial of equal access to education. Your real-life disruption helps tell that story.

Get Legal Advice Early

A lawyer can evaluate whether the school’s conduct supports a Title IX claim, whether other claims may exist under state or federal law, what evidence you should secure now, and how to avoid steps that weaken your case.

When to Consider Taking Legal Action

If your college or university ignored, minimized, delayed, or mishandled your sexual assault report, you may have more options than the school wants you to believe.

The school’s internal process does not define the full scope of your rights. Title IX exists to protect students’ equal access to education, and in the right case, the law allows a student to seek relief when a school responds with deliberate indifference to serious sex-based misconduct.

Early action matters. The sooner you preserve records, organize the timeline, and get legal advice, the better you can protect your rights.

If your school’s response disrupted your education and you want to understand your legal options, contact Christensen & Jensen. Our attorneys can evaluate your situation, explain whether Title IX or other legal claims may apply, and help you decide what steps make sense next.

Title IX Lawsuits Against Colleges and Universities

  • Yes, in the right case. The Supreme Court has recognized a private right to sue under Title IX and has held that money damages may be available in appropriate cases.

  • No. Title IX applies to education programs and activities that receive federal financial assistance. That often includes public institutions and many colleges and universities outside the public-school context.

  • Save everything: emails, texts, screenshots, timeline notes, school notices, housing records, class records, medical records, counseling records, and appeal materials. In many Title IX cases, the paper trail decides what you can prove.

  • Courts look closely at whether the misconduct and the school’s response interfered with equal access to education. That can include missed classes, housing disruption, academic decline, withdrawal from activities, transfer pressure, or leaving school altogether.

  • No. You can seek legal advice before, during, or after the school process. Early advice can help you preserve evidence and avoid avoidable mistakes while the internal process continues.

Utah Mediation Guide: Which Type of Mediation Is Right for You

You are in a dispute with a neighbor, a co-parent, a business partner, or a family member. Someone suggested mediation. You looked it up, maybe even scheduled a session — and you went in hoping for something more than just a number to agree on. You may want to be heard by the other party or have them understand your perspective. Maybe you wanted to feel like the relationship, or at least the possibility of one, was not completely gone. What you may not have known — and what most people aren’t aware of — is that “mediation” isn’t just one thing. There are many fundamentally different approaches to it, with different goals, different methods, and outcomes. The style of mediation you choose matters enormously, and yet most people take whatever is offered without knowing there is another option. This guide explains the three main models (evaluative, facilitative, and transformative) and offers a framework for choosing the one that fits your situation. This article will pay particular attention to transformative mediation because it is the least common, the least understood, and in some cases the most valuable.

The Landscape of Mediation in Utah

In Utah, mediation is practiced almost exclusively as a transactional process. The goal is settlement — a signed agreement that resolves the immediate legal or financial dispute. The mediator’s job, in this model, is to help the parties reach a number they can both live with and move on. Whether the conflict that produced the dispute is addressed, whether the relationship between the parties survives, whether anyone feels genuinely heard — these are not part of the mandate. This transactional approach draws primarily on evaluative mediation, with occasional appearances by facilitative mediation sprinkled in. It is efficient, and for purely legal disputes between parties who have no ongoing relationship, it can be entirely appropriate. But for the many disputes that involve people who will continue to share a life — co-parents, neighbors, family members, long-term business partners — it often resolves the case while leaving the conflict intact. Parties may leave with an agreement but without any real change in how they relate to one another. Utah mediations also commonly use a shuttle format, in which the parties remain in separate rooms and the mediator carries information between them. This is a logistical feature, not a philosophical one — shuttle sessions can be either evaluative or facilitative in style. Transformative mediation, by contrast, works toward something the transactional model does not attempt: bringing the parties into the same room, in direct conversation, with the support they need to work through the conflict together.

The Three Types of Mediation Explained

Evaluative Mediation: The Expert in the Room

Evaluative mediation is the model most closely modeled on litigation. The mediator — often a retired judge or experienced attorney — takes an active role in assessing the merits of each party’s position. They offer opinions about likely court outcomes, point out weaknesses in each side’s case, and apply pressure toward a settlement they believe is realistic and fair. The goal is resolution, defined as a signed agreement. If this sounds familiar, it should — evaluative mediation bears a strong resemblance to arbitration. In arbitration, a neutral third party hears both sides and renders a binding decision. Evaluative mediation follows the same logic, with one key difference: the mediator’s assessment is not binding. They can tell you what they think a court would do, and they can apply considerable pressure, but they cannot force an outcome. The parties still have to agree. In practice, though, that distinction can feel thin when a forceful mediator is in the room. This approach works well in purely legal or financial disputes where the parties have no ongoing relationship and simply want a number. It is less well-suited to disputes where feelings, trust, and long-term relationship dynamics are at stake. The mediator’s role is essentially to tell the parties what a reasonable outcome looks like, rather than helping them discover it themselves.

Facilitative Mediation: The Neutral Guide

Facilitative mediation takes a step back from evaluation. The mediator does not offer opinions or predict court outcomes. Instead, they structure a process that helps the parties identify their own interests, communicate more clearly, and generate options for resolution. The mediator asks questions, reflects what they hear, and keeps the conversation productive, but the parties drive the outcome. This is a significant improvement over the evaluative model for many disputes, because it respects the parties’ autonomy and tends to produce agreements that both sides want to honor. However, facilitative mediation still treats the resolution of the dispute — the agreement — as the primary goal. It may not address the deeper dynamics that caused the conflict in the first place.

Transformative Mediation: Changing the Conflict Itself

Transformative mediation rests on a fundamentally different theory of conflict. Where evaluative and facilitative mediation focus primarily on reaching an agreement, transformative mediation focuses on changing the quality of the conflict interaction itself. The underlying premise is that destructive conflict — the kind that escalates, damages relationships, and leaves people feeling powerless and unheard — arises from a breakdown in two core human capacities: the ability to act with confidence and clarity on one’s own behalf (called “strength”), and the ability to consider and respond to the perspective of another (called “responsiveness”). When those capacities are restored, something shifts. The conversation changes. People stop talking past each other and start hearing one another. Agreements often follow, but they are a byproduct of a transformed interaction, not the forced endpoint of a managed process.
A Quick Comparison: Evaluative — Mediator offers opinions; goal is settlement; expert-driven. Facilitative — Mediator guides the process; goal is agreement; party-driven. Transformative — Mediator supports interaction; goal is changed communication; relationship-driven.

How Transformative Mediation Works at Christensen & Jensen

Pre-Mediation Sessions

Our firm’s approach to transformative mediation includes a dimension that most programs do not: structured pre-mediation sessions held before the parties ever meet. These sessions are not simply intake calls or paperwork reviews. They are substantive and educational conversations held individually with each party, in which we introduce the theory and practice of conflict itself. In pre-mediation, each participant learns how destructive conflict patterns develop, why people say and do things in conflict that they later regret, and what it looks and feels like when a conversation shifts from destructive to constructive. We talk through what to expect in the joint session and how to use the process effectively. By the time the parties come together in the plenary session, they are not walking into the unknown. They are prepared.

Joint Session

This preparation matters enormously. One of the most common barriers to successful joint mediation — particularly in Utah, where shuttle mediation has made many people assume direct dialogue is impossible — is anxiety about being in the same room as the other party. Our pre-mediation work directly addresses the fact that anxiety builds confidence and establishes a shared language for the conversation ahead. The plenary session itself is a facilitated conversation in which both parties are present. Our mediators follow the transformative model strictly: we do not steer toward outcomes, offer legal opinions, or apply pressure. We listen carefully, reflect on what we hear, and support each person in speaking clearly and hearing fully. The result is often surprising — not just an agreement, but a genuine shift in how the parties relate to each other.

Why the Type of Mediation You Choose Matters

Use the following framework to think through your situation:
  • Choose evaluative mediation if your dispute is primarily financial or legal, you have no ongoing relationship with the other party, and you want an experienced neutral to help both sides see what a court would likely decide.
  • Choose facilitative mediation if you want more say in the outcome than evaluative mediation allows, and the relationship between you and the other party, while not warm, does not need to be rebuilt.
  • Choose transformative mediation if the relationship matters — now or in the future — and you want more than a signed agreement. This includes co-parenting disputes, business partnerships, neighborhood conflicts, workplace disagreements, and family matters where people will continue to interact.
The desire to be genuinely heard — not just settled — points toward transformative mediation.

Speak With a Utah Mediator About Your Options

The mediators at Christensen & Jensen are trained and certified in all styles of mediation. We work with co-parents navigating custody, neighbors in entrenched disputes, business partners at an impasse, and families wrestling with inheritances and old wounds. We believe that most people, when given the right support and preparation, are more capable of working through conflict than they have been led to believe. If you would like to learn more about our process or simply want to talk about whether mediation might be right for your situation, we invite you to reach out.

Gabriell Sabalones and BYU Model UN’s Success

We are proud to recognize Gabriell Sabalones for leading her BYU Model United Nations students to an extraordinary achievement.

Recently, Gabriell and her students traveled to New York City to compete in a prestigious Model United Nations conference against teams from around the world. Under her leadership, every BYU delegation earned an “Outstanding” rating. This is the Model UN equivalent of a gold medal.

Throughout the competition, Gabriell’s students tackled complex international issues such as economic inequality and sustainable housing for refugees, demonstrating thoughtful diplomacy, collaboration, and problem-solving on a global stage. Their experience concluded with a visit to United Nations Headquarters, making this accomplishment even more memorable.

This achievement reflects Gabriell’s dedication to mentoring future leaders and preparing students to engage with real-world challenges. We are honored to celebrate her success and look forward to all she and her students will continue to accomplish.

Business Benefits of Employee Stock Ownership Plans (ESOP) 

An Employee Stock Ownership Plan (an “ESOP”) is a way to reward employees with equity in the company they work for while also providing certain advantages to the company, such as tax deductions. Companies can use this as a retirement benefit or to sell a successful, privately owned business from its individual or family owners to its employees. While an ESOP is technically and legally complex to implement, it offers many advantages that can make it well worth it for business owners, including access to credit and unique tax exemptions. 

Why set up an ESOP? 

Employees benefit from a private company’s employee stock ownership plan because when they leave the company, either mid-career or at retirement, the company must buy back whatever company stock is in that employee’s name for “fair market value.” If the company is publicly traded, the employee can sell their allocated shares on the stock market. The plan grants employees certain voting rights in major decisions the company makes, such as closing or relocating, giving employees more control over their own careers. 

When employees own a portion of a company through stock ownership, it aligns their interests with the company. When the company succeeds, its overall value will increase, and so will the value of the shares held by the employee. ESOPs are structured to gradually increase the amount of stock owned by the employee. This rewards employees for loyalty to the company and for their continued service, knowledge, and expertise. 

Business owners benefit from the company’s ESOP not only from the alignment of employee and company incentives and motivation, but also in tax deductions. 

An ESOP setup can be in addition to other retirement benefits a business can offer to its employees. The Utah State House and Senate recently passed a bill which will create a statewide marketplace for employers to compare retirement benefit plans to offer to their workforce. Employers will soon be able to use this and other tools to help them decide how to reward and incentivize their employees. An ESOP is distinct from other retirement accounts that employees may have, because all contributions are from the employer, i.e. no deduction is made from the employee’s pay. 

How ESOPs Work: Structure, Vesting, and Share Allocation

An employee stock ownership plan is a “defined contribution plan” under federal law, like a 401(k), but invested in only one company. The ESOP can also only receive employer contributions, not employee contributions. Like other private sector retirement plans, ESOPs are governed by federal law, the Employee Retirement Income Security Act of 1974 (commonly known as ERISA). 

ESOPs are set up as trust funds, which hold the company’s shares of stock on behalf of the employees, with each share allocated to individual employee accounts. There is some flexibility on how stocks can be allocated to employees, but it is most often done relative to employee pay and/or seniority. 

Employees gain the right to their shares as the shares in the company “vest” over time. With “cliff vesting,” employees have no right to their shares until they complete three years of service, and then they gain 100% vesting. With “graded vesting,” employee shares vest more gradually over six years: 

Years of Service  Cliff Vesting  Graded Vesting 
1   0%   0% 
 2   0%   20% 
 3   100%   40% 
 4   100%   60% 
 5   100%   80% 
 6   100%   100% 

The company can either contribute new shares to the ESOP’s trust fund or contribute cash with which to buy shares from the owner. The trust fund itself can take out a bank loan and use those funds to buy shares, while gradually paying back the loan over time. This last structure is known as a “leveraged ESOP.” 

Tax Benefits of Employee Stock Ownership Plans

Tax Deductions for the Company

One of the most compelling reasons for a company to establish an ESOP is the significant tax advantages it offers. Contributions made by the company to the ESOP trust are generally tax-deductible, up to certain limits. This includes both cash contributions used to purchase company stock and contributions of newly issued shares, as well as contributions to pay back loans for a leveraged ESOP.

Tax-Deferred Rollovers for Selling Shareholders

ESOPs also provide unique tax benefits for selling shareholders, particularly in privately held companies. When a shareholder sells stock to an ESOP, they can defer capital gains taxes on the sale by reinvesting the proceeds into qualified replacement property (QRP), such as stocks or bonds of other domestic corporations. Section 1042 governs this deferral, allowing sellers to avoid immediate tax liability, provided they follow the rules for reinvestment. 

This feature makes ESOPs an attractive exit strategy for business owners who want to transition ownership to employees while deferring taxes. Selling existing stock to an ESOP trust also provides liquidity to shareholders without the need for an external buyer, which can be particularly valuable for family-owned businesses or closely held corporations.

Tax Advantages for S Corporations

ESOPs can offer even greater tax benefits to companies structured as S corporations. For S corporations, the portion of the company owned by the ESOP is exempt from federal income tax. For example, if an ESOP owns 40% of the shares in an S corporation, the company pays no federal income tax on 40% of its earnings. This exemption can result in significant tax savings, allowing the company to reinvest more of its profits into growth, employee benefits, or debt repayment. 

Implementation Process: Setting Up an ESOP

Feasibility Study and Valuation

Before establishing an ESOP, companies should conduct a feasibility study to determine whether an ESOP is the right fit for their business goals and financial situation. This study typically includes: 

  • Financial Analysis: Assessing the company’s cash flow, profitability, and ability to fund ESOP contributions. 
  • Valuation: Determining the fair market value of the company’s stock, which is required for ESOP transactions and compliance with ERISA. 
  • Legal and Tax Review: Ensuring compliance with federal and state laws, including ERISA, securities laws, and tax regulations. 

The external valuation of the business is critical, as the ESOP trust must pay no more than fair market value for the company’s stock. Overvaluing stock can lead to legal and financial risks, which may include IRS penalties or lawsuits from employees.

Structuring the ESOP

Once a feasibility study is complete, a company will work with its legal and financial advisors to design the plan. Key decisions include: 

  • Funding Mechanism: Will the ESOP be funded through company contributions, leveraged (where the ESOP borrows money to purchase shares), or perhaps a combination of both? 
  • Allocation Formula: How will shares be allocated to employees? Common methods include basing allocations on compensation, years of service, or a combination of both. 
  • Vesting Schedule: Will the company use standard cliff vesting or graded vesting, or a custom schedule that is more generous to employees? 
  • Repurchase Obligation: How will the company handle the repurchase of shares when employees leave or retire? Companies must plan for the liquidity needed to buy back shares at fair market value. However, for departing employees, shares can be distributed over certain periods of time, and for early-retiring employees, distribution of shares can be delayed until the employee reaches retirement age.

Legal and Regulatory Compliance

ESOPs are subject to strict legal and regulatory requirements under ERISA, the Internal Revenue Code, and federal and state securities laws. Companies must: 

  • File Plan Documents: Draft and file ESOP plan documents with the IRS and the Department of Labor (DOL). 
  • Appoint a Trustee: The ESOP trust must be managed by a trustee, who has a fiduciary duty to act in the best interests of plan participants. 
  • Conduct Annual Valuations: The company’s stock must be valued every year to ensure compliance with ERISA and tax laws. 
  • Provide Disclosures: Employees must receive regular statements about their ESOP accounts, including the value of their shares and vesting status. 

Failure to comply with these requirements can result in penalties, lawsuits, or even the disqualification of the ESOP’s tax benefits, so it is very important for businesses to plan for ongoing compliance. 

Is an ESOP Right for Your Business?

An ESOP provides business owners a flexible exit strategy, realize significant tax exemptions, and foster a powerful “ownership culture” among employees that drives productivity and retention. 

While ESOPs have technical and regulatory requirements and costs, such as legal compliance and annual valuations, the long-term rewards often outweigh the initial complexity. For the business, it is a tool for liquidity and growth; for the employees, it is a path toward meaningful wealth accumulation without personal payroll deductions. Ultimately, an ESOP aligns the success of the individual with the success of the enterprise, ensuring that as the company prospers, so do the people who build it. 

If you are considering an ESOP or exploring succession planning options, the experienced attorneys at Christensen & Jensen can help you evaluate whether an ESOP aligns with your business goals. Contact our team today to discuss your options and develop a strategy tailored to your company’s future.

Lawyers Still Matter: The Pitfalls of Asking AI to Draft a Contract

“AI is going to reshape every industry and every job,” said Reid Hoffman, Co-founder of LinkedIn.¹ In many ways, it already has. Whether we’re streaming personalized music recommendations² or simply typing questions into Google³, Most of us have already woven artificial intelligence into the fabric of our daily lives. The business world has thrown itself into the age of AI, with many companies now using technology on a routine basis. As a result, entrepreneurs across the country have begun to rely on AI to draft legal agreements. ⁴ Small-business owners are inclined to use ChatGPT or similar programs to avoid the time and expense associated with hiring a lawyer to draft a contract. While AI can certainly make businesses operate more efficiently, it is by no means “a magic solution.”⁵ This article explores the pitfalls of using AI to draft legal agreements and explains why lawyers remain essential to protecting businesses’ interests.

Can AI Draft a Legally Enforceable Contract?

Under Utah law, a contract typically requires just three elements to be binding and enforceable:
  1. An offer;
  2. An acceptance; and
  3. Consideration.⁶
“Whether drafted by a human or generated by AI, a contract must include these components to be recognized and upheld by the law.”⁷ A contract drafted by AI can meet these requirements and still be legally valid. The issue is not enforceability; it is quality, completeness, and legal precision. AI-generated contracts often fail to fully protect business interests due to missing terms, vague language, or jurisdictional oversights.

Common Risks of AI-Generated Contracts

Ambiguous or Incomplete Contract Terms

So, could a business draft a contract using AI? Certainly. Such a contract could even be legally enforceable. The problem, however, lies with what AI-generated contracts may include—or, just as importantly, what they may overlook. In one real-world scenario, a business owner made the mistake of getting involved with the wrong people. Specifically, his manufacturer had begun using confidential information without providing him any form of compensation. Upon further review, it became clear that the manufacturer’s conduct likely violated a non-disclosure agreement (NDA) executed by the parties at the outset of their business relationship. But, as you may have guessed, the issue was complicated by one key fact: the NDA had been generated by AI. Having been prepared without the oversight of a legal professional, the NDA contained numerous issues. Chief among these issues was the fact that many of its terms were ambiguous. Fortunately for the business owner, however, it was the manufacturer who had used AI to generate the NDA. In Utah (as in most jurisdictions) contractual ambiguities are resolved in favor of the non-drafting party—i.e., the person who didn’t write (or, in this case, used AI to generate) the document.⁸ The business owner was lucky—he hadn’t prepared the problematic agreement he was now seeking to enforce and, as such, wasn’t forced to bear the brunt of the NDA’s many flaws. The same cannot be said for the manufacturer.

Missing Critical Legal Clauses

AI-generated contracts can omit essential provisions entirely. For Example, business owner Petr used AI to create a contract, one that “looked fine” on its surface. But when a dispute arose with the other party, and Petr took him to court, the contract was ultimately found invalid “due to a missing signing clause.” Simply put: “Petr paid the damages – AI bore no responsibility.”⁹ These types of omissions are not uncommon and can render an otherwise functional agreement ineffective.

AI “Hallucinations” in Legal Content

Another common problem associated with using artificial intelligence in place of an attorney involves “hallucinations”—that is, citations to non-existent legal authority. A Thomson Reuters Westlaw study identified at least “22 different cases in which courts or opposing parties found non-existent cases within filings, leading to discipline motions or sanctions in many instances.”¹⁰ While hallucinations are most frequently discussed in the context of litigation, the problem has begun to seep into contract-drafting as well. In the article AI Can Draft Contracts—But Can You Trust Them?, Rachelle Soderstrom and Rochelle Mulondo discuss an AI-generated commercial contract that included the following: “Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in São Paulo, Brazil, in accordance with the rules of the American Chamber of Commerce, Canadian Chamber of Commerce, or other mutually agreed renowned Chamber of Arbitrations.”¹¹ On the surface, this passage might seem believable. However, as Soderstrom and Mulondo point out, “there are no such rules of the ‘American Chamber of Commerce’ or the ‘Canadian Chamber of Commerce.’”¹² This is a classic hallucination—one of the many problems people risk encountering when they use AI in place of an attorney.

When AI Can Be Useful in Contract Drafting

Despite the pitfalls identified above, artificial intelligence—when used properly—can help businesses and business owners alike. The most important thing to remember is that AI is a tool. Like other digital tools, it “require[s] oversight and confirmation and should not be used to replace professional judgment.”¹³ When used as a tool, AI can help small-business owners reduce the costs associated with routine legal work. Morvareed Salehpour, “an attorney specializing in technology and commercial contracts with over fifteen years of experience representing startups and established businesses,” encourages small-business owners to pair AI’s efficiency with human expertise.¹⁴ She recommends that business owners use AI to generate an initial draft and then hire an attorney to ensure the contract is complete, coherent, and legally sound. “For many businesses, this hybrid approach offers the best of both worlds: faster contract creation, lower costs, and peace of mind that the legal essentials are covered.”¹⁵

The Best Approach: Combining AI Efficiency with Legal Expertise

Business owners need to exercise caution when it comes to their contracts. Though few expect it to happen to them, problems can—and frequently do—arise long after the parties have signed the dotted line. When this happens, your ability to protect your business’s interests will largely depend on how well the contract was prepared. As the foregoing discussion makes clear, business owners would be wise not to rely solely on artificial intelligence when preparing their agreements. After all, AI is “not designed to provide legal advice.”¹⁶ Yet, as Morvareed Salehpour notes, business owners who pair AI with an experienced attorney can avail themselves of the best of both worlds. To learn more about how experienced attorneys can assist in your particular situation, please request a consultation with Christensen & Jensen.

Trust Matters: My Work with Utah Fund for Client Protection

Trust in LawWhy Trust Matters in the Attorney-Client Relationship

Most people do not hire a lawyer during calm or predictable times. They seek legal help when something important is at stake, like money, business, family stability, or plans. In those moments, clients place a great deal of trust in their attorney. That trust goes beyond legal advice. Clients trust lawyers with confidential information, judgment calls, and often significant sums of money. Trust is the foundation of the legal system. When lawyers honor that trust, the system works as it should. When the trust is broken, especially through dishonest conduct, the harm can be serious. Financial loss is often paired with stress, confusion, and a loss of confidence in the legal profession. I, Yuchen Cook, have had the privilege of serving on the Utah Fund for Client Protection. That experience has reinforced the importance of accountability and integrity in the practice of law. The work matters because every claim represents a real person or business that relied on the legal system to protect them.

What is The Utah Fund for Client Protection?

The Utah Fund for Client Protection exists to help reimburse eligible financial losses resulting from the dishonest conduct of lawyers and paralegals licensed to practice in Utah. The Fund was created under Article 9 of the Utah Supreme Court Rules. Its purpose is to promote public confidence in the legal system and the integrity of the legal profession. The Fund has a limited but important role. It does not:
  • Resolve fee disputes.
  • Review legal strategy.
  • Address unfavorable outcomes.
Attorney discipline addresses professional consequences. The Fund addresses a different question—whether injured clients can recover qualifying financial losses.

How the Utah Fund for Client Protection Works

Trust in LawThe Fund operates under a structured process designed to be fair, consistent, and independent. Article 9 states:
  • Who may file a claim.
  • How claims are reviewed.
  • How reimbursement decisions are made.
Several points are important for clients to understand:
  • Claims must meet the definition of an eligible claim under the rules.
  • Reimbursement is discretionary and considered a matter of grace, not a right.
  • Claims are reviewed through an evidence-based process.
  • Confidentiality rules protect claimants and any sensitive information.
  • Committee members must avoid conflicts of interest.
  • Recommendations are reviewed and approved by the Board.
These safeguards protect both claimants and the long-term integrity of the Fund.

My Role in the Fund for Client Protection Committee

Serving on the Fund for Client Protection Committee involves more than reviewing forms. The process is like a mini adjudicative review, guided by rules, evidence, and deliberation. In this role, I:
  • Review claims to determine whether they qualify under Article 9.
  • Examine financial records, emails, and support documents.
  • Participate in committee meetings and hearings.
  • Evaluate whether a loss resulted from dishonest conduct, as defined by the rules.
  • Consider credibility, timing, and consistency.
  • Vote on reimbursement amounts when appropriate.
Not every loss qualifies, and not every dispute involves misconduct. The committee’s responsibility is to apply the rules fairly while recognizing that each claim reflects real financial harm.

Why Does Transparency and Oversight Matter in Attorney-Client Relationships?

One of the key lessons from my work with the Fund of Client Protection is the importance of transparency and oversight in attorney-client relationships. Many claims reviewed by the Fund do not arise from a lack of legal knowledge. Instead, they stem from breakdowns in communication, documentation, or financial controls. Clear engagement terms, regular communication, and proper handling of client funds are not just best practices; they are essential safeguards. When lawyers explain how funds will be handled, document transactions carefully, and maintain appropriate trust account practices, they reduce the risk of misunderstandings and misconduct alike. From a client’s perspective, transparency builds confidence. Clients should feel comfortable asking how funds are held, how fees are applied, and how decisions are made. From the lawyer’s perspective, oversight helps ensure that ethical standards are not only stated but followed in practice. The Fund exists as a backstop when those safeguards fail. But its broader role is to reinforce why those safeguards matter in the first place. When transparency and accountability are prioritized, trust is strengthened, and the need for remediation becomes far less common.

How Claims Are Reviewed and Decided

Claimants submit required forms and documentation. The committee reviews the materials, discusses the evidence collectively, and makes a recommendation. Because reimbursement is discretionary, the committee must apply the governing rules carefully and consistently so that each claim is evaluated fairly under the standards set by Article 9.

The Human Impact of Attorney Misconduct

Although the process is rule-based, the impact of attorney misconduct is personal. Many claimants did everything they believed was right. They hired licensed legal professionals. They followed the advice. They trusted their lawyers with funds. When that trust was broken, the consequences reached far beyond finances. Claimants include:
  • Individuals.
  • Families.
  • Small business owners.
Many come to the Fund after other options have failed, unsure whether the legal system will respond at all. Being part of a process that takes these claims seriously, listens to and reviews evidence, and applies the rules carefully has been one of the most meaningful parts of my service. Even when reimbursement is not available, careful and respectful review matters.

Why the Utah Fund for Client Protection Matters to Clients and Businesses?

In my business litigation practice, I advise clients on:
  • Risk management.
  • Fiduciary duties.
  • Financial responsibility.
Those same principles are at the core of the Fund for Client Protection. For clients, trust in legal counsel is important. It affects:
  • Financial decisions.
  • Business planning.
  • Long-term outcomes.
When trust is violated, the damage can be significant. The Fund serves as a safeguard when dishonest conduct causes harm. It also sends a clear message: the legal profession takes misconduct seriously and works to protect the public.

How does the Fund Maintain Trust in the Legal Profession?

The Fund does more than reimburse losses. Article 9 includes rules addressing committee duties, conflicts of interest, confidentiality, restitution, and recovery of funds when possible. These protections help ensure decisions are fair and consistent. Serving on the Fund has reinforced that ethics are not abstract ideas. They have real consequences for real people.

A Personal Commitment to Accountability and Integrity.

Legal results matter. So does how lawyers handle responsibility. My service on the Fund for Client Protection reflects the same commitment to accountability and integrity that guides my approach to client representation. For current and future clients, I hope this work shows something important: trust matters, and protecting it is a responsibility the legal profession takes seriously.

Frequently Asked Questions

  • The Utah Fund for Client Protection reimburses eligible financial losses caused by the dishonest conduct of licensed lawyers and paralegal practitioners in Utah. It exists to protect the public and promote trust in the legal system.

  • Possibly. If a licensed Utah lawyer or paralegal practitioner engaged in dishonest conduct involving client funds, the Fund may reimburse eligible losses after reviewing the claim and evidence.

  • Attorney misconduct means dishonest conduct, such as misusing or taking client funds. It does not include legal mistakes, bad strategies, or losing a case.

  • Legal malpractice involves negligence or mistakes. Attorney misconduct involves dishonesty. They are handled through different processes.

  • No. Reimbursement is discretionary and considered a matter of grace. Each claim is reviewed individually.

  • It can cause direct financial loss, disrupt transactions, and create governance or compliance risks that extend beyond the original legal engagement.

  • Yes. Businesses may file claims if they suffer financial loss due to dishonest conduct by licensed Utah legal professionals.

  • Losses involving misappropriated retainers, settlement funds, or other money entrusted to counsel may qualify, depending on the facts and evidence.

  • No. Legal errors or poor advice may involve malpractice, not misconduct, and are handled separately.

  • Preserve records, review engagement terms, and seek guidance promptly to understand available options.

Underage DUI in Utah: What Happens Next and What Parents Should Know

DUI in Utah

Facing a DUI charge as a juvenile in Utah can feel overwhelming. The process differs significantly from that of adult cases, and understanding what lies ahead is crucial for families. The following guide explains the law, the process, potential consequences, and practical steps to help navigate this challenging situation.

Utah’s “Not-a-Drop” Law: What It Means for Drivers Under 21

Although a ‘minor’ is typically defined as anyone under 18, Utah enforces a strict zero-tolerance policy for drivers under 21. Known as the ‘Not-a-Drop’ law, it means any detectable amount of alcohol can lead to a DUI charge. Unlike adults, who face a 0.05% BAC limit, minors can be charged even after a single sip.

This policy reflects Utah’s commitment to preventing underage drinking and driving. For juveniles, the threshold is clear: any measurable alcohol equals a violation. Even trace amounts detected during a traffic stop can trigger serious consequences.

What Counts as “Actual Physical Control” in a Juvenile DUI?

The law applies whether the juvenile is driving their own car or operating anyone else’s motor vehicle. But it may also apply where the vehicle is not even in motion. For example, it also covers situations where the minor isn’t driving but is in ‘actual physical control’ of the vehicle. For example, the juvenile may be charged even if they’re in a parked car if the keys are accessible.

Determining whether a juvenile had ‘actual physical control’ isn’t simple. It involves both facts and law, and an attorney can guide you through it.

What Happens After a Juvenile DUI Arrest in Utah?

Understanding the juvenile court process can reduce stress and help families prepare. Here’s what typically happens after a juvenile DUI arrest:

1. Arrest and Booking

The process begins when law enforcement suspects impairment. The juvenile may undergo field sobriety tests and a breathalyzer. If alcohol is detected, the minor is taken into custody and booked. Parents are notified immediately.

2. Detention or Release

Depending on circumstances, the juvenile may be held in a detention center or released to a parent or guardian. Factors include BAC level, prior offenses, and whether an accident occurred.

3. Initial Hearing

The first court appearance usually occurs within a few days. The judge explains the charges and rights. Legal representation is strongly recommended at this stage.

4. Adjudication Hearing

This is similar to a trial but less formal. The judge reviews evidence and decides whether the juvenile committed the offense. If adjudicated delinquent, the case moves to disposition.

5. Disposition

The judge imposes sanctions such as fines, probation, treatment, and license suspension. The goal is rehabilitation, not punishment, but consequences can still be significant.

Penalties for a First-Time Juvenile DUI in Utah

Separate from court proceedings, the Utah Driver License Division may suspend driving privileges. This often happens quickly, sometimes before the first hearing. Administrative penalties include license suspension and ignition interlock requirements.

Juveniles have the right to request an administrative hearing to contest the suspension. Deadlines are short, so prompt action is critical.

Penalties vary based on age, BAC level, and prior history. Here are common outcomes for first-time juvenile DUI cases:

License Suspension & Ignition Interlock

Drivers under 18 may face a license and/or driving permit suspension that could last anywhere from 6 months until they turn 21. Those aged 19–20 typically see a six-month suspension. Higher BAC levels can lead to longer suspensions and ignition interlock device requirements.

Fines, Fees & Probation

Expect fines starting around $700, along with probation terms. Probation may involve regular check-ins, community service, and compliance with court orders. Non-compliance can result in stricter penalties.

Substance Screening & Treatment

Utah courts require substance abuse screening after a DUI. Based on results, juveniles may need counseling, education, or formal treatment programs.

Community Service & Additional Sanctions

Community service is common in juvenile DUI cases. Courts may also impose restorative justice activities to encourage accountability and learning.

Can a Juvenile DUI Lead to Detention?

Detention is rare for first-time offenders but can occur in severe cases involving injury, high BAC, or felony charges.

Long-Term Consequences of a Juvenile DUI Conviction

A juvenile DUI can have lasting effects beyond court sanctions. Insurance premiums often increase dramatically, and some carriers may refuse coverage. College applications, scholarships, and employment opportunities can also be affected.

While juvenile records are generally sealed, certain circumstances may allow access by law enforcement or courts later. Understanding these implications is critical for planning a successful future.

Steps Parents Should Take After a Juvenile DUI Arrest

Stay calm and informed. Begin by reviewing the citation and understanding the charges. Attend all hearings and comply with court orders promptly. Encourage open communication with your child about the seriousness of the situation.

Consider enrolling your child in voluntary education or counseling programs before the court mandates them. Demonstrating proactive steps can positively influence the judge’s decision.

Why Hiring a Juvenile DUI Attorney Matters

Navigating juvenile DUI laws in Utah is complex. An experienced attorney can clarify rights, negotiate favorable outcomes, and guide families through court proceedings, treatment, the license reinstatement processes, and expungement.

Attorneys can also help with administrative hearings and ensuring compliance with all requirements following disposition. Their expertise reduces stress and helps families focus on recovery and growth.

Protecting Your Child’s Future After a DUI Charge

A juvenile DUI in Utah is serious but not insurmountable. With the right information and support, families can focus on rehabilitation and moving forward. Understanding the process—and seeking guidance when needed—helps ensure the best possible outcome.

If your child is facing a DUI charge, consider reaching out to a qualified attorney at Christensen & Jensen to explore every option and p schedule a confidential consultation.

FAQ about Juvenile DUI

  • Refusing a breathalyzer test is not recommended for either juveniles or adults. Utah’s implied consent law means refusal can lead to additional penalties, including longer license suspension.

  • Juvenile records are usually sealed, but exceptions exist. Adult court transfers create permanent records.

  • Parents are not generally criminally liable but must ensure compliance with court orders. If the parents gave the juvenile the alcohol that led to the DUI, they may be criminally liable for unlawful sale, offer for sale, or furnishing an alcoholic product to a minor. Any sale of alcohol to a minor may also lead to federal charges in addition to state charges.

Your Guide to Protection from Workplace Discrimination in Utah

Workplace discrimination is illegal, and if you work in Utah, you have rights. 

Few things are more stressful than feeling mistreated at work and not knowing whether what’s happening is actually illegal or just unfair. Employment discrimination laws can feel confusing, especially if you’ve never dealt with it before. 

This guide breaks down Utah workplace discrimination laws so you can understand: 

  • What does and does not qualify as discrimination 
  • What protections Utah and federal law provide 
  • What steps you should take if you believe discrimination is happening 
  • When to talk to an employment attorney 

Whether you’re currently employed, were recently fired, or are considering filing a complaint, this article is designed to help Utah employees understand their options. 

What Is Employment Discrimination in Utah? 

Employment discrimination occurs when an employer treats you differently because of a protected characteristic, such as: 

  • Race or color 
  • National origin 
  • Sex (including pregnancy, sexual orientation, and gender identity) 
  • Religion 
  • Disability 
  • Age (40 or older) 

Under both Utah law and federal law, employers may not: 

  • Refuse to hire you 
  • Fire you 
  • Demote you 
  • Reduce pay or benefits 
  • Create worse working conditions 

Protection From Retaliation in Utah 

A secondary important right you have is the right to not be retaliated against.  

This means your employer cannot punish you for: 

  • Reporting discrimination 
  • Requesting accommodations 
  • Complaining about unequal treatment 
  • Participating in an investigation 

How Are Employment Discrimination Laws Enforced? 

Although discrimination by an employer is illegal, that doesn’t mean that anyone is going to be arrested for it. Anti-discrimination laws created government agencies like the Equal Employment Opportunity Commission (EEOC) and the Utah Antidiscrimination and Labor Division (UALD), which are tasked with protecting employees’ rights to be free from discrimination. The laws also give state and federal government agencies, attorneys general, and individuals like you the right to sue employers in civil court if the employer violates an antidiscrimination law. 

In other words, your legal protections are already in place, but you may have to file a lawsuit and get a court involved for those protections take effect. 

Important Limitation: Small Employers in Utah 

One important thing to note: if your employer has fewer than 15 total employees, you probably won’t be covered by most anti-discrimination laws. The laws were written to leave employees at small businesses outside of the protections. 

An employment attorney can help determine whether your employer is covered. 

What Does Discrimination in the Workplace Look Like? 

Who Can Discriminate? 

Discrimination can come from: 

  • Supervisors or managers 
  • The employer directly 
  • Coworkers, customers, or third parties 

If your boss knows about discriminatory treatment from a coworker, a business associate you’re required to work with, or a customer, they can be responsible for that discrimination if they do not do anything to stop or prevent it. 

Who Is Protected Under Utah Law? 

  • People of all races and national origins 
  • Men, women, transgender, and nonbinary employees 
  • Employees age 40 and older 
  • Employees with disabilities 
  • People of any religion or none 

What Is Not Considered Discrimination? 

Ordinary workplace toxicity, personality clashes, miscommunications, and poor treatment by your boss are usually not considered discrimination, unless they are also related to a protected category listed above. It’s not illegal for a boss to be a jerk; it only crosses the line into discrimination when your boss is being a jerk to you because of an inherent part of you that you cannot change. 

How Do You Prove Workplace Discrimination? 

Direct Evidence 

Direct evidence of discrimination is something like a racial slur being directed at you by your boss, or an employer saying something explicit, like “I didn’t hire you because you’re a woman, and I don’t hire women.” This kind of evidence of discriminatory intent is rarer to experience, but even now it still happens. 

Harassment 

Courts do not like to provide one-size-fits-all formulas for how to describe (sexual, racial, disability-based, etc.) harassment. However, the key words are “pervasive” and “severe.”  

  • Pervasive harassment is a harassment that may be minor but is frequent to the point of being constant.  
  • Severe harassment is extremely bad behavior, such that even if it happens once can create a hostile work environment.  

Negative behavior doesn’t have to be both pervasive and severe to be discrimination. If you face treatment that is both happening all the time and seriously upsetting, you could have a strong case for harassment. 

Quid Pro Quo 

The Latin term “quid pro quo” means “something for something.” When talking about sexual harassment, quid pro quo refers to sexual favors demanded by an employer or supervisor in exchange for better treatment at work.  

What your superior offers in exchange could include:  

  • Keeping your job 
  • Receiving a promotion or bonus 
  • Protection from other sexual harassment 
  • Special treatment

How Do I Know If Discrimination is Happening to Me?

Think about your work situation and ask yourself:

  • Is a coworker treating you poorly, more because of who you are than because of what you do?
  •  Does your boss ignore the obvious harassment against you?
  • Is your workplace causing serious emotional distress?
  • Do you need therapy or medical care because of work conditions?

These are some indications you might be facing workplace discrimination, and it may be time to talk to an attorney.

Should I Go to HR? 

Proceed with caution. 

HR’s main job is to reduce legal risks to employers. So long as your interests as the employees line up with the employer’s interests, HR might seem like they’re on your side and want to make you happy and healthy. However, as soon as the employer decides, e.g., that your harasser is more valuable to the company than you are, HR is likely to turn on you. 

You improve your chances of solving the situation or having a strong case later if you report issues to your employer and create a paper trail of the continued harassment. This will allow you to take things up the chain of command one rung at a time until someone solves it or doesn’t, which would lead you to pushing the situation further.  

Be mindful of your conduct at work. Failing to follow instructions or appearing uncooperative can give an employer a legitimate, non-discriminatory reason to terminate your employment. Even when you are experiencing discrimination, it is important to remain polite, professional, and cooperative whenever possible. Doing so helps protect you from giving your employer an excuse to discipline or terminate you under the guise of “performance” rather than retaliation. 

Best Practices for Utah Employees Facing Discrimination 

Lawyers cannot give legal advice to anyone who isn’t their client. However, these are some general best practices that I have seen clients do to improve their outcomes. 

Document Everything 

Even when nasty treatment happens to you at work, it is often really hard to remember the details later. What day was it exactly when she called me that name? Was it before or after my birthday? Taking notes with dates, times, witnesses, and feelings about the situation can help you remember to tell your story accurately later.  

DON’T QUIT 

If you quit, even if it feels like you had to do so under duress, a court will likely not agree that you had no choice. It becomes much harder to make the case that you were fired illegally if the official record says you “voluntarily” resigned. 

Read Everything Before You Sign 

If you sign a paper (digitally too!), you’re agreeing to whatever it says. Just because you didn’t read it carefully (or at all) will not protect you from being bound by the terms written there. This is particularly important when you agree to “waive,” or give up, your rights, such as the right to sue your employer. 

Legal documents are often written in complex, legalistic language. They are sometimes even written in a small font size or have weird formatting that makes it harder to read. Don’t be discouraged; take your time to read it through and try to understand it yourself. If you don’t understand it, contact a lawyer for advice. 

Ask For Copies of Everything 

There is no reason for an employer to deny you access to your own paperwork and employee file. Be polite, but assertive, in asking for copies of any document you’ve signed. Keeping track of such documents can be very important to your case. 

Track Medical and Therapy Expenses 

One category of damages that you can recover in a lawsuit against a discriminatory employer is “consequential damages.” These include any costs you had to pay as a result of the discrimination. This often includes therapy bills. Keep track of the bills you have had to pay because of the discrimination against you. 

Get Help from a Utah Employment Attorney 

Your rights as an employee are time-limited. Missing a deadline can mean losing your claim entirely. 

If you believe you’re facing workplace discrimination in Utah, Christensen & Jensen can help evaluate your situation and explain your options. Request a consultation today. 

FAQ'S about Discrimination in the Workplace

  • This kind of situation can really be unpleasant, but it’s often not discrimination. If it’s not because of you being a member of one of the listed protected classes, it’s not discrimination. 

  • Yes, or to HR. Creating a record of your complaints can be crucial if you later need to sue, and in the moment a report gives the employer the chance to fix the situation if they can. 

  • Yes. Utah is a one-party consent state. As long as you are a participant in a conversation, you can record it without notifying the other parties to the conversation. Don’t spy on anyone from a hiding spot, but you can record your own conversations without telling anyone. However, these kinds of recordings can be difficult to review, so if you do make audio or video recordings, try to organize and prioritize them as you go. 

For Matters That Count, We’re Your Team.

Christensen & Jensen is a Salt Lake City-based full-service law firm specializing in litigation and trial advocacy. Our award-winning attorneys represent clients throughout Utah and surrounding states in a wide array of matters.

Our firm is unique because we have vast experience representing plaintiffs pursuing claims, and defendants mounting defenses in various settings including investigation, pre-litigation, negotiation, mediation, arbitration, traditional litigation, trial, and appeal.

Salt Lake City Office
801-323-5000

257 East 200 South, Suite 1100
Salt Lake City, Utah 84111

Request a Consultation

©2025 Christensen & Jensen Attorneys. All rights reserved.