Not automatically. Utah follows the American Rule, which means each side pays its own attorney fees unless a contract, statute, rule, or recognized exception allows fee recovery.
Possibly. The contract language matters. Utah Code § 78B-5-826 may also make a one-sided attorney-fee clause reciprocal in civil actions based on a written contract, promissory note, or other writing.
Sometimes, but the standard is not easy. Utah Code § 78B-5-825 allows fees in certain civil actions if the action or defense was without merit and not brought or asserted in good faith. ³ Ordinary litigation frustration usually is not enough.
Common examples include Utah’s reciprocal contract-fee statute, bad-faith fee statute, Uniform Trade Secrets Act, consumer and advertising statutes, corporate-records statutes, LLC derivative-action statute, construction and wrongful lien statutes, and certain pattern-of-unlawful-activity and antitrust provisions.
Yes. Even when fees are recoverable, courts generally evaluate whether the requested amount is reasonable. Utah Rule of Civil Procedure 73 requires fee motions to include support for the amount claimed and the reasonableness of the fee.
Utah Rule of Civil Procedure 73 generally requires a motion for attorney fees no later than 14 days after judgment, subject to exceptions.
It usually means a partner, co-owner, member, or controlling group is cutting you off from information, decisions, money, or practical control of the business.
Not automatically. Utah law gives many owners statutory rights to inspect records, but the exact scope depends on whether the entity is an LLC, corporation, or partnership and on the governing documents.
A 50/50 structure often makes disputes more serious because deadlock can stop the business from functioning. In some cases, that may support stronger remedies, including court intervention or dissolution, depending on the entity and facts.
Often yes. A written demand can clarify your rights, force a response, and create a useful record. But the right timing depends on the facts and whether urgent harm is already happening.
