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. 

What to Do After a Car Accident in Utah: A Step-by-Step Legal Guide

There are few things quite as jarring as being involved in a car accident. And unfortunately, the crash itself is often just the beginning. Once the initial shock wears off, many Utah drivers are left to face a series of daunting questions:

  • What should I do?
  • Who should I talk to?
  • What should I say?
  • What shouldn’t I say?

If you’ve been in an accident and find yourself faced with these questions, take a deep breath. We’re here to help. This guide walks you through the exact steps to take after a crash, explains your legal obligations under Utah law, and outlines when it makes sense to contact a personal injury attorney.

Step 1: Prioritize Safety at the Accident Scene.

After an accident, the first thing you need to worry about is the safety of yourself and others. If you can do so safely, you should always try to get your vehicle out of traffic as soon as possible. The goal here is to eliminate the possibility of being involved in a second collision, which happens more often than you’d think.[1]

Utah Law on Moving Your Vehicle

  • No Injuries: Utah law allows you to move your car to any “suitable location that does not obstruct traffic.” Utah Code Ann. § 41-6a-401(2)(a)(1)(A).
  • Injuries involved: You must “immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary.” Utah Code Ann. § 41-6a-401.3(2)(a)(1).

In either event, your next step should be to call 911—even if the crash seems relatively minor.[2]

Step 2: Exchanging and Gathering Information: Do’s and Don’ts

Once all parties have lawfully moved to a safe area and called 911, the next step is to exchange and gather information related to the accident.

Information You Should Obtain

  • Full names
  • Addresses
  • Telephone numbers
  • Driver’s license numbers of all persons involved in the accident.[3]
  • Insurance company names and policy numbers

What Not to Say After a Crash

When speaking with these individuals, it’s critical you refrain from saying anything that could be interpreted as an admission of fault. You should also avoid commenting on your physical condition. Even a simple apology or an “I’m fine” could come back to bite you, so it’s best to keep conversations brief, polite, and neutral.

Step 3: Document the Accident Thoroughly

You should collect and record any information you can regarding the accident. If there are other drivers or pedestrians who witnessed the accident, kindly ask for their contact information. These individuals could wind up being critical witnesses, and the sooner you’re able to obtain their information, the better.

You should also record:

  • The time of the accident;
  • The date of the accident;
  • The location of the accident;
  • Road conditions;
  • Make and year of the vehicles involved;
  • Insurance information;
  • Apparent damages and injuries; and
  • Your version of what happened.[4]

Use Your Smartphone

Photos and videos can be powerful evidence. Take pictures and videos of the scene of the accident as well as the vehicles that were involved.

Step 4: Notify Your Insurance Company

Contacting Your Insurance Provider

Once you’ve gathered and exchanged the necessary information, your next step is to contact your insurance provider to file a claim.

The adjuster assigned to your claim will likely ask you a series of questions related to the accident—who, what, when, where, etc. The adjuster may then ask you to provide additional information. Make sure to cooperate with your adjuster fully, as this should allow them to more efficiently process your claim.

Be Cautious with the Other Drivers Insurance Company

If another driver’s insurance company contacts you and asks to speak about the accident, tread lightly. This is another situation where your words could come back to bite you. Their goal is often to minimize what they pay, not to protect your interests.

However, if you were really the “at-fault” driver, your insurance company should be able to connect you with a lawyer to navigate these kinds of conversations. This is another reason why it’s important to let your insurer know about the accident as soon as possible.

Step 5: Stay on Top of Your Medical Treatment

If you sustained injuries because of the crash, you should immediately seek medical attention. Keep in mind that some of your injuries might not be apparent right away, so it’s important to continuously monitor your symptoms during the days that follow.

Keep Detailed Records

It’s critical you maintain documentation of:

  • Facilities where you receive treatment
  • Names of the providers who treat you
  • Dates and the kinds of treatment they provide
  • Missed work and lost wages

Should you ultimately decide to file a lawsuit, your attorney will have to collect this information one way or another. Whatever you can do to make this process easier should allow them to focus their energy on what really matters—securing a favorable outcome.

Step 6: Seek Legal Representation

If you sustained injuries as a result of the accident, you should consider hiring an attorney to assist you with the process of filing a claim. Here are a few things to keep in mind when considering the prospect of litigation.

Utah Statute of Limitations

Timing matters, and a claim’s statute of limitations establishes your deadline for filing suit. Critically, these deadlines can vary based on the kind of claim you wish to bring against the other driver(s). Personal injury claims in Utah can be filed at any point within four years after the date of the accident. Utah Code Ann. § 78B-2-307(3).

However, if you find yourself in the unfortunate position of suing based on a loved one’s death, the statute of limitations is considerably shorter. These kinds of claims—fittingly referred to as “wrongful death” claims—must be filed within two years after the date of the accident. Utah Code Ann. § 78B-2-307(2).

Missing these deadlines can permanently bar your claim.

Preparing for the Worst: Protecting Yourself Against Future Accidents

George Washington once said, “If we are wise, let us prepare for the worst.”[5] The unfortunate reality is that car crashes happen all the time in Utah.[6] And while nobody likes to think about what could happen if they were to be involved in an accident, everyone should do what they can to prepare for that possibility.

One of the best ways you can protect yourself against future accidents is by obtaining underinsured motorist coverage that makes sense for you and your family. If you were to be injured in a car crash caused by someone with little to no insurance, your ability to pay for treatment could come down to your underinsured motorist policy. Be sure to contact your current insurance provider to ask about how you’d be covered in this scenario.

Christensen & Jensen: We’re Here to Help

Choosing a lawyer is a personal decision. Your case deserves attention, experience, and care. Your case should be equally important to your attorney as it is to you and your family. You should strive to retain a firm whose experience and mission you can respect and trust. At Christensen & Jensen, we help Utah accident victims understand their options and pursue fair outcomes. We encourage you to schedule a consultation to see whether our firm is the right fit for you and your family.

If you’ve been injured in a car accident in Utah, we’re here to help.

Frequently Asked Questions About Car Accidents in Utah

  • After a car accident in Utah, prioritize safety, move vehicles out of traffic if possible, call 911, exchange information with the other driver, document the scene, and seek medical attention. You should also notify your insurance company as soon as possible.

  • Yes. Utah law requires you to report accidents involving injury, death, or significant property damage. Even in minor crashes, calling 911 can help document the incident and protect your legal rights.

  • No. Even saying “I’m sorry” can be interpreted as admitting fault. Keep conversations brief, polite, and factual, and avoid discussing injuries or responsibility.

  • You should collect the driver’s name, address, phone number, driver’s license number, insurance information, and vehicle details. If possible, get contact information from witnesses as well.

  • Take photos and videos of the vehicles, damage, road conditions, traffic signals, skid marks, and injuries. Write down the time, date, location, and your version of events while it’s fresh in your mind.

  • You should contact your insurance company as soon as possible after the accident. Provide factual information, but avoid speculation or admitting fault.

  • You can provide basic information, but be cautious. The other insurer’s goal is to minimize payouts. It’s often best to consult a car accident attorney before giving a recorded statement.

  • Some injuries, like whiplash or concussions, may not show symptoms immediately. Seek medical attention as soon as symptoms appear and document all treatment.

  • In most cases, Utah’s statute of limitations for personal injury claims is four years from the date of the accident. Wrongful death claims generally must be filed within two years.

  • Most personal injury attorneys, including Christensen & Jensen, work on a contingency fee basis, meaning you don’t pay unless they recover compensation for you.

  • Underinsured motorist coverage helps pay for injuries and damages if the at-fault driver doesn’t have enough insurance. In Utah, this coverage can be crucial because many drivers carry only minimum limits.

Utah’s 100% ID Law: What Businesses & Consumers Need to Know

Utah's 100% ID Law

As of January 1, 2026, Utah implemented one of the most comprehensive alcohol identification laws in the country. Commonly referred to as Utah’s 100% ID Law, this legislation requires every person selling alcohol in Utah to verify identification for every alcohol purchase, without exception.

For Utah bars, restaurants, and alcohol-serving establishments, this law represents a major shift in compliance obligations. For consumers, it changes what to expect when ordering alcohol anywhere in the state. And for individuals with prior extreme DUI convictions, the law creates strict purchasing restrictions that must be enforced by alcohol sellers.

Understanding how Utah’s 100% ID Law works, and how it is enforced is essential to avoiding fines, license suspensions, and legal consequences.

What Is Utah’s 100% ID Law?

Utah’s 100% ID Law requires universal identification verification for alcohol sales. Unlike prior practices where employees could use discretion if a customer appeared over 21, the new law removes that discretion entirely.

Under the law:

  • Every customer must present a valid ID to purchase alcohol
  • Every ID must be visually inspected, not just scanned
  • Alcohol sellers must verify both age and legal eligibility to purchase alcohol

This applies to bars, restaurants,  and any business licensed to sell alcohol in Utah.

The “NO ALCOHOL SALE” Red Stripe Requirement

One of the most significant-and often misunderstood-components of Utah’s 100% ID Law is the mandatory visual inspection for a red stripe above the ID photo stating “NO ALCOHOL SALE.”No Alcohol Sale ID

What Does the Red Stripe Mean?

The red stripe is issued by the State of Utah to individuals who have been convicted of an extreme DUI. If an ID contains this stripe:

  • The individual is legally prohibited from purchasing alcohol
  • The restriction applies even if the person is over 21
  • Alcohol sellers must refuse service

This is not optional. Selling alcohol to a person with a red-striped ID is a violation of Utah law.

Visual Inspection Is Mandatory

Importantly, ID scanning alone is not enough. Employees must physically look at the ID to check for the red stripe. If a business relies solely on scanners and fails to visually inspect the ID, it may still be found noncompliant.

Mandatory ID Scanning Requirements for Utah Bars

In addition to visual inspection, all Utah bars are required to scan every ID using an approved ID scanning device.

For bars:

  • Every patron’s ID must be scanned
  • This includes regular customers and repeat visitors
  • There are no exceptions based on familiarity or appearance

The scanning requirement is intended to prevent underage drinking, detect fraudulent IDs, and create accountability in alcohol service. Failure to scan IDs where required can expose bars to administrative penalties and liquor license consequences.

5-Foot 10-Foot RuleUtah Restaurants With Bars: The 5-Foot and 10-Foot ID Rule

Restaurants that serve alcohol are subject to additional requirements if they have a visible bar structure.

Under Utah’s 100% ID Law:

  • Restaurants with visible bars must scan IDs for certain patrons
  • The requirement depends on how close the patron is to the bar

Distance-Based ID Scanning Rules

  • Ten feet: Applies when there is no pony wall or barrier blocking the view of the bar
  • Five feet: Applies when a pony wall or partial barrier is in place

Any customer seated within the applicable distance:

  1. Must have their ID checked
  2. Must have their ID scanned

Businesses may need to reevaluate floor plans, train staff on distance compliance, and ensure scanning devices are readily available.

What Utah Alcohol Sellers Must Do to Stay Compliant

The 100% ID Law significantly raises compliance expectations for Utah alcohol sellers.

Employee Training Is Critical

Employees must be trained to:

  • Ask for ID from every customer who orders alcohol
  • Conduct a visual inspection for the red stripe
  • Properly scan IDs when required
  • Confidently refuse alcohol sales when legally necessary

Mistakes by individual employees can still result in penalties for the business itself.

Consistency and Documentation Matter

Selective enforcement, such as scanning some IDs but not others, can create liability. Utah regulators expect consistent, universal compliance. Written policies, documented training, and regular compliance reviews are strongly recommended.

What Consumers Should Expect Under Utah’s 100% ID Law

For consumers, the law changes the alcohol purchasing experience statewide.

When purchasing alcohol in Utah:

  • Always bring valid identification
  • Expect to be carded every time, regardless of age
  • Understand that refusal of service may be legally required

For individuals with a red-striped ID, attempting to purchase alcohol may result in additional legal consequences.

Penalties for Violating Utah Alcohol Laws

Failure to comply with Utah’s alcohol laws can result in serious consequences, including:

  • Fines and administrative penalties
  • Suspension or revocation of liquor licenses
  • Disciplinary action against employees
  • Increased regulatory scrutiny

Given the strict enforcement environment surrounding alcohol sales in Utah, even small compliance failures can lead to major business and legal problems.

Utah Alcohol Law Compliance: How Christensen & Jensen Can Help

Utah’s 100% ID Law places increased legal responsibility on Utah bars, restaurants, and alcohol sellers, while also directly affecting individuals subject to alcohol-related restrictions. Navigating these requirements correctly is essential to protecting your business, your license, and your future.

Christensen & Jensen helps businesses and individuals across Utah understand and comply with Utah alcohol laws, liquor license regulations, and enforcement actions. Our firm works with bar and restaurant owners on compliance strategy, employee training issues, and defense against regulatory violations.

Whether you operate a bar or restaurant in Salt Lake County or anywhere in Utah, or you are an individual impacted by Utah’s alcohol laws, proactive legal guidance can help prevent costly mistakes.

If you have questions about Utah’s 100% ID Law, liquor license compliance, or alcohol-related enforcement issues, contact Christensen & Jensen today to schedule a consultation and get clear, trusted guidance from experienced Utah attorneys.

FAQ's About 2026 Utah Alcohol Laws

  • Yes. Grocery and convenience stores can sell beer on Sundays, but liquor, wine, and stronger alcohol can only be purchased from state-run liquor stores, which remain closed on Sundays.

  • Yes, restaurants in Utah must still serve food when alcohol is ordered.

  • No. Utah law does not allow patrons to bring their own alcohol into licensed establishments. All alcoholic beverages must be purchased through the licensed bar or restaurant.

  • Bars may serve alcohol until 1 a.m., and restaurants typically stop earlier depending on their licenses. State liquor stores still have restricted hours, generally closing by 10 p.m.

Living Wills vs. Health Care Directives in Utah

As the new year begins, moments of reflection have a way of catching us off guard, even in unexpected places. When HBO’s new show The Pitt premiered, I tuned in partly out of loyalty to my alma mater, the University of Pittsburgh, and partly for the nostalgia for a city I grew to love. Although the familiar skyline caught my attention, what stood out was a storyline rooted in a very real dilemma about end-of-life medical decisions. In the episode, a patient with Alzheimer’s disease arrives at the ER in respiratory distress. His advance directive rejects mechanical ventilation, yet his adult children, who both hold durable power of attorney, disagree. His son wants to follow the directive, but his daughter urges intubation. The physician notes that intubation would cause suffering and undermine the patient’s autonomy, but could ease the family’s emotional burden. Ultimately, the children override their father’s wishes. The episode offers no clear resolution. Instead, it leaves viewers with a question that is especially worth considering at the start of a new year: Can a surrogate decision-maker’s authority outweigh the patient’s clearly stated preferences? As with most ethical dilemmas, the “right” choice is rarely clear, but such conflicts can often be avoided through advance planning, specifically by understanding the difference between a living will and a health care directive. In Utah, the Uniform Health Care Decisions Act merges a living will and medical power of attorney into one standardized document. This was designed to reduce ambiguity and minimize disputes between a patient’s instructions and a surrogate’s authority.

Why These Conversations Matter

In real ERs in Utah, families are often forced to make irreversible decisions under crushing time pressure and emotional strain. And while medical care is deeply personal, it’s often unspoken until crisis strikes. Questions such as:
  • Would I want to be on life support with no chance of recovery?
  • If in a permanent vegetative state, would I want to be resuscitated?
  • Who would I trust to make those decisions if I couldn’t?
  • Would that person know my beliefs, values, and medical preferences?
These aren’t easy conversations, but from both a legal and a practical standpoint, they’re essential. In Utah, part of that conversation involves understanding the difference between a living will, an advance directive, and a health care directive.

What is a Living Will in Utah?

Despite its name, a living will has nothing to do with your property, your bank account, or who inherits your record collection. A living will is a written statement outlining your wishes for medical treatment if you are unable to communicate and your condition is terminal or irreversible. This is where you specify whether you’d want life-sustaining treatments such as:
  • CPR
  • Ventilators
  • Feeding tubes
  • Pain management approaches
  • Organ donation preferences
You can think of it as your “treatment preferences” document with clear instructions for specific scenarios. However, a living will, standing alone, doesn’t appoint anyone to speak for you. If a situation arises that isn’t clearly covered in your written instructions, there’s no designated voice to clarify. That’s why, in Utah, it’s rarely used by itself anymore and rolled into a broader Utah health care directive.

 What is an Advance Directive?

An advance directive is an umbrella term for legal documents that:
  • State your health care preferences
  • Often appoint someone to make decisions for you.
A living will is one part of an advance directive, but other pieces might include:
  • A medical power of attorney
  • Mental health care advance directive.
The idea is to combine your written wishes with a trusted person’s authority to act on them, filling the gaps where the paperwork alone might fall short.

The Utah Uniform Health Care Decisions Act Explained

In Utah, the law has merged the living will and the medical power of attorney into one standardized document: the Utah Uniform Health Care Decisions Act. This single form covers two critical areas:
  • Treatment Preferences: Just like a living will, you can spell out the kinds of care you want or don’t want, particularly in end-of-life scenarios.
  • Health Care Agent: You can legally appoint someone you trust (often a spouse, adult child, or close friend) to make medical decisions for you if you cannot.
The advantage is clear: your wishes are documented, and you’ve chosen the person to carry them out. If you only have a living will, you risk leaving unanswered questions. If you only have a power of attorney, you risk burdening your decision-maker with no guidance. Together, the directive gives clarity and authority.

Living Will vs. Health Care Directive in Utah: Key Differences

Feature
Living Will (Before 2008)
Utah Advance Health Care Directive (After 2008)
Treatment Choices
 Only for end-of-life care (life support, feeding tubes) Covers many choices, like end-of-life care, pain relief, organ donation
Decision Maker
 No,  you can’t name someone to decide for you Yes, you can name someone to decide for you if you can’t
When It Applies
 Only if you are dying or permanently unconscious Anytime you can’t make your own medical decisions
Form Used
 Old “Living Will” form (not valid anymore) Utah Advance Health Care Directive form (current official form)
Legal Status
 Not valid since 2008 Legally accepted in Utah
Flexibility
 Very limited choices Can be customized to your wishes
Witness/Notary
 May have needed a witness or notary Needs either one witness or notarization

Why Every Utah Adult Should Have a Health Care Directive

Too many people treat these documents like bureaucratic paperwork when they’re legal shields for your autonomy and emotional lifelines for your loved ones. Without a directive, your care could be decided by:
  • The court
  • Default state laws
Even with the best intentions, family members often disagree, especially in stressful emergencies. In that Pitt episode, the son knew his father’s choice. But in the heat of the moment, he deferred to his sister. That’s how documented wishes get overridden. Utah’s unified directive is designed to minimize those moments of doubt and prevent painful second-guessing.

What’s in Utah’s Standard Form

The Utah Uniform Health Care Decisions Act includes:
  • Your medical treatment preferences, including end-of-life care
  • The option to appoint a health care surrogate or agent
  • Space to express personal values, religious beliefs, or other instructions
  • Signature and witnessing requirements for legal validity
It’s straightforward but powerful when it’s completed correctly.

The Human Side of Health Care Planning

Even a brief look behind the curtain of health care reveals that the human side is just as powerful as the clinical one. Stress, fear, and uncertainty can drive decisions in ways no one expects, and a clear, legally binding plan can make those moments far less daunting. In cities with world-class medical resources, from Pittsburgh to Salt Lake City, these conversations about care often don’t happen until it’s too late. Once emotions take over, even the most loving families can find themselves in conflict.

The Takeaway

Every directive is more than a form. Rather, it’s a promise to yourself and to your loved ones. It’s a way to ensure that if you can’t speak for yourself, your voice is still heard. None of us knows when a medical crisis will strike, but you can decide in advance what care you want and who should make decisions for you. It’s not glamorous, and yes, it can feel a little morbid. But as my fellow millennials would say, it’s peak “adulting,” and one of the most important steps you can take. Pro Tip for Utah Residents: Download the official Utah Advance Health Care Directive form from the Utah Department of Health and review it with your attorney.

Ready to Make Your Wishes Known?

At Christensen & Jensen, we help clients create Utah healthcare directives that reflect their personal values and comply with Utah law. Whether you’re completing one for the first time or updating an old version, we can guide you through the process so you can move forward with peace of mind. Contact us today to get started.

Renting in Utah: Tenants’ Rights Explained

Renting in Utah can feel overwhelming, especially if you’ve never had to dive into the fine print of a lease or navigate landlord-tenant laws. As a broke law student renting in Salt Lake City, I know how important it is to understand my rights and responsibilities before signing a lease. While many of these can be found on the contract itself, it is virtually impossible to include everything within those four corners. Utah’s rental laws are not always as straightforward as they seem, and in my years of being a tenant, I have compiled a list of things I wish I had known sooner.

Whether you’re signing your first lease, worried about your security deposit, or facing eviction, knowing your rights as a Utah tenant can save you from a bad situation. Below is a guide to the most important tenant rights every renter should understand.

Utah Tenant Rights and Responsibilities

Utah law sets clear rules for both landlords and tenants. Renters have the right to safe, livable housing, while also being responsible for timely rent payments and keeping the property in good condition. Landlord-tenant relationships in Utah are primarily governed by the Utah Fit Premises Act (Utah Code Ann. §§ 57-22-1 to 57-22-7) and a few other related statutes.

Utah Lease Agreements: What Must Be in Writing?

A lease, also known as a contract, lays the foundation of your rental agreement. Although Utah generally allows for both written and oral rental agreements, Utah Code Ann. § 25-5-4 requires certain agreements to be in writing. For example, § 25-5-4(1)(a) states that an agreement that lasts more than a year is void unless it is in writing.

However, a written agreement is generally the safest option because there is less room for misunderstanding. In the event that issues do arise between the tenant and their landlord, it is best to have a document to look back at.

Lease Agreements should address the following (Note: this is a non-exhaustive list):

  • Rent amount
  • Security Deposit amount, if applicable
  • Payment due date
  • Utilities (What is/isn’t included)
  • Communal fees, if applicable
  • Any other fees (Ex: cable)
  • Lease term
  • Rules on pets
  • Maintenance responsibilities

Utah Security Deposit Laws

Landlords are required by law to return your security deposit within 30 days after the tenancy ends (assuming you vacate and return possession of the property by then). Landlords may send your deposit via mail or electronically, so make sure you provide them with your most up-to-date information.

If the landlord keeps any portion of the deposit, they are required to provide an itemized list of deductions.

One thing that may surprise many first-time renters in Utah, is that landlords may deduct for cleaning to restore the unit to its move-in condition, not just for damage caused by the tenant. This means you could still be financially responsible if you don’t leave the place exactly as it was when you moved in.

Utah Tenant Rights for Repairs and Habitability

The Utah Fit Premises Act requires landlords to maintain rental units in safe, sanitary, and fit for human occupancy.

Some features that all residential rental units must have are:

  • Electrical systems
  • Heating
  • Plumbing
  • Hot and cold water

If something breaks or the rental unit’s habitability is compromised, it is best for tenants to submit a written notice. After doing so, landlords are required to act within a reasonable period of time; this can be anywhere from 24 hours to 10 calendar days depending on the severity of the issue. If repairs aren’t made, tenants may be able to withhold rent or seek legal remedies. Our breach of contract attorneys can help you enforce your rights.

Utah Eviction Laws and Tenant Protections

A landowner may evict you for reasons such as:

  • failing to pay rent,
  • violating the terms of the lease agreement
  • engaging in criminal activity on the property.

Utah’s unlawful detainer laws (§ 78B-6-801 et seq.) allow landlords to act quickly if this happens. For example, if a tenant fails to pay rent on time, the landlord can provide the tenant with a 3-day notice to pay or vacate. If the tenant is unable to pay in time, the landlord can file for eviction.

Federal Tenant Rights That Apply in Utah

Regardless of what state you live in, these are some of federal protections every landowner/tenant should be aware about:

  • The Fair Housing Act (42 U.S.C. §§ 3601–3619) prohibits housing discrimination based on race, color, religion, sex, national origin, disability, or familial status.
  • The Fair Credit Reporting Act (15 U.S.C. § 1681) requires your consent for a landlord to run a credit check. If you are denied housing as a result, the landlord is required to notify you.
  • The Americans with Disabilities Act (ADA) requires landlords to make reasonable accommodations and to allow reasonable modifications for tenants with disabilities.
  • § 504 of the Rehabilitation Act prohibits discrimination based on disability on programs that receive federal financial assistance, such as federally funded housing programs.

Surprising Utah Rental Laws Tenants Should Know

  • Short Notice Periods: When dealing with month-to-month leases for example, many other states require landlords to give notice to tenants 30+ days in advance, whereas Utah only requires 15 days.
  • No Rent Caps: Landlords in Utah can raise rent by any amount with proper notice.
  • Eviction Process Timeline: The 3-day notice for nonpayment of rent and subsequent court process allows landlords to act quickly.

Practical Tips for Utah Renters

  • Document Everything: Take photos/videos of the apartment before moving in, after moving out, and throughout the duration of your lease if anything breaks of the unit becomes uninhabitable. Keep copies of your rent payments as well.
  • Communicate in Writing: Text/email your landlord when possible, especially for repair requests and important notices.
  • Ask Before You Sign: Clarify important things such as who will be responsible for repairs and/or utilities. While having these conversations may seem awkward at first, they can save you a major headache down the road!

Take Control of Your Renting Experience

Understanding your rights as a tenant is the first step to avoiding disputes and protecting your home. If you are facing a rental dispute or have questions about your lease, Christensen & Jensen is here to help you navigate those situations with confidence. Request a consultation today.

Frequently Asked Questions About Renting in Utah

  • Landlords must return deposits within 30 days after the lease ends, with an itemized list of deductions if any.

  • No. Utah landlords must provide written notice – usually 3 days for unpaid rent, or longer depending on the lease type.

  • Yes, but only after providing proper notice (typically 15 days for month-to-month agreements). Rent control does not exist in Utah.

  • Landlords must keep rentals habitable and safe, fixing heating, plumbing, and structural issues within a reasonable time after notice.

How to Start a Business in Utah: 5 Legal Steps for Entrepreneurs

Utah Business IdeasSo, you’re an entrepreneur with the next big idea? Maybe you’ve already started brainstorming logos, looking at locations, or thinking about hiring new employees. While the idea stage might be the most exciting part of bringing your business to life, an equally important part is fulfilling the legal requirements surrounding entrepreneurship in Utah. This article walks you through five essential legal to-dos, from choosing a business structure to registering for taxes, so you can move forward with confidence.

Step 1: Choose the Right Business Structure in Utah

Your first major decision is choosing a business structure. Choosing how your business is formed affects your personal legal liability, taxes, and how your business will be managed. There are four major types of business formations:

  1. Sole Proprietorship
  2. Partnership
  3. Limited Liability Company (LLC)
  4. Corporation (C-Corp and S-Corp)

Sole Proprietorship

This is the simplest type of business structure. Essentially, you are the business, and you report all income on your personal tax return. The downside is that you are personally liable for all business debts and legal claims. Sole proprietorships are a good fit for low-risk ventures like freelancing or small-scale services. If you use a business name different from your legal name, you will need to register a DBA (Doing Business As) with the state.

Partnership

If you are starting a business with someone else and do not form a formal entity, you have a General Partnership (GP) by default. All GP partners have unlimited personal liability for business debts. You can also choose a Limited Partnership (LP) or Limited Liability Partnership (LLP), which restrict liability for those partners. LPs and LLPs require registration, and a written agreement clarifies roles, responsibilities, and profit sharing between all classifications of partners.

Limited Liability Company (LLC)

LLCs are popular for small businesses and side hustles because they offer personal liability protection. When properly managed, your personal assets are shielded from business liabilities, provided there’s no fraud, illegal conduct, personal guarantees on loans, or commingling of funds. LLCs don’t require the same formalities as corporations, and profits typically pass through to the owners’ personal tax returns, avoiding double taxation.

Corporation

Corporations are more formal and typically better suited for businesses planning to raise capital or scale quickly. Like LLCs, they offer limited liability. An S Corporation (S-Corp) is popular with smaller businesses, and it allows profits to pass through to shareholders personal tax returns, avoiding double taxation, but it has ownership restrictions. C Corporations (C-Corps) are often the preferred structure for larger companies or startups aiming for venture capital. While they face stricter regulatory requirements, more complex compliance, and are subject to double taxation, C-Corps offer the advantage of no shareholder limits.

There is no single best structure. Think about your business’s risk level, whether you have partners or investors, and how you want to handle taxes. It is often helpful to consult with a lawyer or accountant to make the right choice.

Entrepreneurs opening a business in UtahStep 2: Register Your Business and Name in Utah

After selecting a structure, the next step is registering your business with the State of Utah.

Choose and Register a Name

You will need a unique name that does not conflict with other Utah businesses. Use the state’s online business name search to check availability. It is also smart to do a quick national trademark search to avoid future disputes. If you are a sole proprietor or general partnership using a business name that is not your legal name, you must register a DBA with the state.

File Formation Documents

LLCs must file a Certificate of Organization and Corporations file Articles of Incorporation with the state. Both forms ask for basic details like the business name, address, and registered agent. Utah provides an easy online portal for filing, and the fee is typically under $100. LLCs and corporations must list an in-state registered agent who can receive legal documents on the business’s behalf. Be cautious of third-party websites that charge high fees for filings you can complete yourself for a fraction of the cost.

Utah businessStep 3: Understand Utah Business Taxes

Taxes are a part of running any business. Here is how to get started.

Apply for an EIN

The Employer Identification Number is your federal tax ID, like a Social Security number for your business. It is required for LLCs, corporations, partnerships, and any business with employees. Sole proprietors often get EINs to avoid using their personal SSN. You can apply for free on the IRS website and receive your EIN instantly.

Register for Utah State Tax Accounts

If you are selling products or taxable services, you need a state sales tax license. If you have employees, you must register for state income tax withholding with the Utah State Tax Commission and unemployment insurance through the Department of Workforce Services. You will also need workers’ compensation insurance once you hire employees.

Understand Your Tax Responsibilities

Different structures have different filing obligations for state and federal taxes. Sole proprietors file Schedule C as part of the owner’s individual Form 1040. Partnerships file Form 1065 and issue K-1s. S Corporations file Form 1120-S, and C Corporations file Form 1120. If your LLC is taxed as a sole proprietorship or partnership, you may want to elect S Corporation status for tax savings once you are profitable. Work with a tax advisor to make sure everything is filed correctly and on time.

Step 4: Get Licenses and Permits Needed to Operate in Utah

You may need additional approvals before you can legally open your doors.

State and Professional Licenses

Some industries in Utah require a professional license. This includes construction, cosmetology, financial services, healthcare, and others regulated by the Division of Occupational and Professional Licensing.

Local Business Licenses

Most Utah cities and counties require a local business license, even for home-based operations. Visit your city’s official website to see what is needed. The process typically includes an application, a small fee, and possibly a zoning or safety review.

Zoning and Permits

Many businesses require additional localized permitting. For example, if you are serving food, remodeling space, or operating out of a home, you may need health permits, fire department approval, or a home occupation permit. Always check your city’s zoning rules before signing a lease or launching operations. Having the right licenses shows you are serious, builds trust, and keeps you compliant. Many licenses must be renewed annually, so keep track of deadlines.

Utah taxesStep 5: Build Your Legal and Financial Foundation

A few final steps will help your business stay legally protected and financially organized.

Create Owner Agreements

If you are starting a business with others, create a written agreement. An LLC should have an Operating Agreement outlining management roles, profit sharing, and what happens if someone leaves. Partnerships should have written agreements. Corporations should adopt bylaws and keep minutes of their meetings. These agreements reduce future disputes and help preserve liability protections. Even if you are operating alone, consider writing a basic business plan and operational notes for future reference.

Open a Business Bank Account

Keeping business and personal finances separate is essential. Open a dedicated business checking account even if you’re operating your business by yourself. It helps with taxes, improves your professional image, and protects you from liability if you have an LLC or corporation. Banks may require your state registration documents, EIN, and for LLCs, an Operating Agreement.

Get Business Insurance

Insurance adds another layer of protection. General liability insurance can cover accidents or damage related to your operations. If you offer advice or services, look into professional liability coverage. Utah also requires workers’ compensation insurance for businesses with employees. Insurance is often affordable and can prevent major losses.

Plan for Ongoing Compliance

Legal compliance does not stop once your business is launched. LLCs and corporations must file an annual renewal with the state. Update your registered agent and address if anything changes. Renew local licenses, file your taxes, and keep good records. Setting calendar reminders or using management software can help you stay on track. As your business grows, think about legal needs like creating contracts, protecting trademarks and copyright, and hiring professionals for advice or bookkeeping.

Start Strong and Stay Compliant

Starting a business in Utah involves a few legal steps, but with the right preparation, you can launch confidently. It might seem like a lot to ensure you have the right entity structure, registrations, tax accounts, licenses, and internal setup, but these are all part of operating a business.

If you have questions or want personalized guidance, consider reaching out to a business attorney. Christensen & Jensen Attorneys are here for you. Our attorneys have guided Utah entrepreneurs through business formation, compliance, and planning. Let us take care of the legal side so you can focus on building your business.

Frequently Asked Questions About Starting a Business in Utah

  • To start a business in Utah, you need to:

    • Choose a business structure (such as sole proprietorship, partnership, limited liability company, or corporation).

    • Register your business and name with the Utah Division of Corporations.

    • Apply for an employer identification number and register for Utah state tax accounts.

    • Obtain any required local or state business licenses and permits.

    • Set up your business’s legal and financial foundation with agreements, insurance, and a separate bank account.

  • The best business structure depends on your goals and risk level:

    • Sole Proprietorship: Simple setup, but you’re personally liable.

    • Partnership: Good for two or more owners but may involve shared liability unless registered as an LLP or LP.

    • Limited Liability Company (LLC): Popular in Utah for small businesses because it offers personal liability protection and pass-through taxation.

    • Corporation (C-Corp or S-Corp): Best for larger or fast-growing businesses, but more complex compliance requirements. Consult with a Utah business attorney or tax professional to decide what structure fits your needs.

  • Yes. Utah requires that all business names be unique and not in use by another entity. You can check availability through the Utah Division of Corporations business name search. If you’re a sole proprietor or partnership using a name different from your legal name, you must file a DBA (Doing Business As) registration.

  • You can register your business online through the Utah Division of Corporations and Commercial Code website.

    • Limited liability company’s must file a certificate of organization.

    • Corporations must file articles of incorporation.

    • Both filings require basic details like your business name, address, and a registered agent located in Utah. Filing fees are generally under $100, and you can complete the process online in minutes.

  • If your business sells products or taxable services, you’ll need a Utah sales tax license.

    If you hire employees, you must also register for:

    • State income tax withholding (Utah State Tax Commission)

    • Unemployment insurance (Utah Department of Workforce Services). Additionally, all limited liability company’s, corporations, and partnerships must obtain a Federal EIN from the IRS.

  • Licensing requirements depend on your business type and location.

    • Some professions, like contractors, cosmetologists, and healthcare providers, need state professional licenses through the Division of Occupational and Professional Licensing.

    • Most Utah cities and counties require a local business license, even for home-based businesses.

    • Certain businesses also need zoning, health, or safety permits before operating.

  • Create formal agreements that define ownership and responsibilities.

    • Limited liability company’s: Have an operating agreement.

    • Partnerships: Have a written partnership agreement.

    • Corporations: Adopt bylaws and record meeting minutes. You should also open a business bank account to separate personal and business finances and maintain liability protection.

  • Yes. While not all coverage types are legally required, insurance protects you from major losses.

    • General liability insurance covers accidents or damage.

    • Professional liability insurance is useful for service providers.

    • Workers’ compensation insurance is required if you have employees. Having the right insurance shows credibility and ensures compliance with Utah law.

  • After formation, Utah businesses must stay compliant by:

    • Filing annual renewals with the Utah Division of Corporations.

    • Keeping their registered agent and address updated.

    • Renewing local business licenses each year.

    • Filing state and federal taxes on time. Maintaining proper records, contracts, and renewals protects your business from penalties or dissolution.

  • If you’re unsure about which business structure to choose or need help with compliance, consult a Utah business attorney. The attorneys at Christensen & Jensen guide entrepreneurs through entity formation, licensing, tax registration, and ongoing compliance, so you can focus on growing your business while staying legally protected.

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.

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

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