Randall K Edwards PLLC

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Map & DirectionsDirections136 S Main St Ste 700Salt Lake City, UT 84101 Write a ReviewWrite Review

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Neighborhoods: Rio Grande, Downtown Salt Lake City
AKA: Edwards, Randall K
Categories: Divorce Attorneys, Attorneys, Business Law Attorneys, Child Custody Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (801) 328-0300

Address: 136 S Main St Ste 700, Salt Lake City, UT 84101

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Randall K Edwards PLLC

Divorce
Child Support
Employment Div., Dep’t of Human Res. v. Smith, 494 U.S. 872 (1990), to hold they were facially neutral and had only an incidental effect on polygamist religious practice. The court further recognized a state interest in monogamy and in “preventing the perpetration of marriage fraud, as well as its interest in preventing the misuse of government benefits associated with marital status.” The court concluded that the bigamy statutes protected polygamists from incest, sexual assault, statutory rape and failure to pay child support – crimes that the court found were “not unusually attendant to the practice of polygamy.” Critics of
Premarital Agreement
In this regard, I’ve been accused of being the guy who, after the battle is over, walks around and shoots the wounded. To some degree, it’s true. I believe that there is a point where every client needs to face the possibility – in fact, I insist that they consider it a probability – that everything will fall apart... the business will find itself on the rocks, the owners will be sued, the business’s secrets will be compromised, and there will be no one to turn to for help. I ask them to consider whether, in such circumstances, they would know what to do, what their rights are, and who to turn to. They don’t usually like those kind of questions. It’s a lot like sitting down with a couple that’s about to get married and then asking whether they have considered whether their prenuptial agreement is in place, and what will happen when their marriage ends in a bitter, ugly divorce. Nonetheless, it is exactly those kinds of questions that will keep the client out of trouble. Businesses aren’t like marriages, of course... at least, not exactly (although I’ve seen some partnerships that broke up in a far more brutal and emotionally devastating way than any marriage ever could). A good, clear-eyed look at what might happen in the event the business falls into trouble can only help make the business a success... and avoid massive problems if it isn’t.
Spousal Support
Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States, 136 U.S. 1 (1890), the LDS Church announced that its practice of polygamy would cease, and that neither polygamy nor plural marriage would be accepted nor taught among church members. As a condition of statehood six years later, the Utah constitution provided that while “perfect toleration of religious sentiment is guaranteed,” nonetheless “polygamous or plural marriages are forever prohibited.” Utah Constitution, Art. III, Sec. 1. Currently, LDS members anywhere found engaged in the practice are promptly excommunicated. Nonetheless, despite massive public relations efforts on the part of the Church, polygamy is still often associated in the public mind with the LDS Church, over 100 years since it was officially abandoned.The end of polygamy in the LDS Church was not the end of American polygamy, of course. Some LDS church members refused to bend to the Church’s anti-polygamy “manifesto” and were excommunicated or split on their own accord. These “fundamentalists” went underground, with various communities, “clans,” congregations or churches, each claiming the right of succession to the authority of God with regard to polygamous marriages. The Eldorado, Texas community of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) had its origins in the border region of Utah and Arizona, where the 1953 raid took place. Members and leaders of the FLDS moved to Texas around 2004, built a temple and isolated themselves from society. In the wake of the 1953 Short Creek raid, government officials have been reluctant to prosecute polygamists for the mere fact that their lifestyle, based on religious belief, violates the law. Most legal actions involving polygamists have arisen in the context of child abuse prosecutions (for sexual relations involving underage girls), welfare fraud (where polygamist wives claim entitlement to benefits as single mothers without spousal support) or other common-law criminal violations, such as child abuse – not solely bigamy/polygamy. For example, FLDS prophet Warren Jeffs was successfully prosecuted in southern Utah in 2007 for being an accessory to rape, arising from his officiating at a marriage of an underage bride to an older male adherent to the faith (who was not, incidentally, prosecuted for rape) – not for being a polygamist.The legal issues surrounding polygamy are legion. For example, the Utah Chapter of the ACLU adopted a position that polygamy was constitutionally protected religious exercise, and the attorneys general of Utah and Arizona have generally declined to enforce statutes aimed at stopping the practice. Academics have suggested that 19
Child Abuse
Per se, but rather focus law enforcement efforts on crimes within polygamous communities involving child abuse, domestic violence and fraud.At this point, then, the state of the law as it pertains to polygamy is unsettled. Although statutes designed to stifle the practice have been upheld consistently since the 1870s, it is clear that polygamy – especially religiously-based polygamy – is not going to go away. While attorneys general claim the right to enforce polygamy laws, they have been reluctant to do so without the presence of some other factor, such as child endangerment, sexual abuse or welfare fraud. Meanwhile, the actions of police in tearing children away from their mothers, while elected officials make solemn pronouncements on the evils of a religious organization that abuses and enslaves young females through polygamous practice, leave observers with the haunting feeling that they’ve seen this all before – and will no doubt see it all again.

DUI/DWI
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Wrongful Death
Sex Crimes
Misdemeanors
Other lawyers spend their careers in court, prosecuting misdemeanors or defending criminal cases, but never spend time counseling clients on the legal aspects of important business or personal decisions.
Assault
Murder
“The second possible response to the question on the location of your assets [“Where are your assets?”] goes like this: “I don’t have any assets.” This is the response I prefer. Short, clean, and direct. Like a perfect murder, the questioner may have a dead body, but in no way is it connected to you.
Money Laundering
Aside from being the home of the APG scam, Nevada simply has a bad name in asset protection right now. It has been cited by USA Today – along with Wyoming and some others – as one of the states engaged in a “race to the bottom,” vying to set minimal corporate information requirements that enabled companies to hide the identities of their owners and thus make it difficult for law enforcement agencies to track suspected tax evasion, money laundering and other crimes. http://www.usatoday.com/money/companies/regulation/2007-02-23-tax-havens-usat_x.htm ). This confirmed earlier reports from both the IRS ( http://hsgac.senate.gov/_files/STMTBurgessIRS.pdf ) and the multi-agency Money Laundering Task Force ( http://www.ustreas.gov/offices/enforcement/pdf/mlta.pdf ) that Nevada was among the worst offenders when it came to being a haven for scammers, money launderers and tax evaders.

Business and Corporate Law

Corporate Law
Let’s suppose that a California creditor gets a judgment in California against a California debtor who happens to be a shareholder in a Nevada corporation. Doesn’t the fact that the corporation is registered in Nevada mandate that Nevada’s “charging order protection” should apply? Actually, no. The full faith and credit clause doesn’t mean that each state is a sovereign nation that can legislate away the public policy of each other state (for example, forcing California to abandon its own corporate law in favor of conflicting Nevada law). To the contrary, it generally provides that each state may enforce its own public policy unless there is a compelling reason not to. In the situation that I described above, it is most likely that a California court would hold that the public policy of the state of California would mandate that the California corporate laws should apply between two California residents and that the California creditor could seize the California debtor’s corporate shares, regardless of what the law of Nevada may say about “charging order protection.” Nevada’s “charging order protection” statute wouldn’t supersede California’s public policy.
Business Disputes
Business Transactions
In certain types of cases, including immigration matters, estate planning and asset protection planning and implementation, as well as certain types of business transactions, the firm may enter into a flat fee arrangement. This means that the firm will be paid a certain amount agreed on between the firm and the client, regardless of the number of hours spent by the firm on the project. The amount of the fee will depend on the type of case, the estimated time required for the project and the complexity of the matter.
Limited Liability Companies
Mr. Edwards oversees the formation and operations of numerous business entities, including corporations, limited liability companies and other business structures.

Employment Contract
In a jury trial in Arizona Superior Court in Phoenix, Arizona, Mr. Edwards successfully defended a manufacturer against a breach of employment contract claim brought by a former employee – and was awarded attorney’s fees as a result.

Real Estate Transactions
As a negotiator and transactional lawyer, Mr. Edwards drafts and negotiates business acquisition documents, leases, distribution contracts, independent representative agreements, real estate purchase documents and a myriad of other legal documents.
Land Use and Zoning

Personal Injury
On selected types of cases, including serious personal injury cases, medical malpractice matters, wrongful death suits, civil rights actions and some collection matters, the firm enters into a contingency fee arrangement with the client. This means that the firm takes a certain percentage of the overall recovery as its fee. This percentage generally ranges from 40% to 50% of the total recovery, depending on the type of case. In cases where there is a statutory cap on fees, the firm is obviously bound by the relevant regulations (for example, some state statutes limit attorney’s fees in medical malpractice actions to one-third of the total recovery).
Medical Malpractice
This is not a new complaint, of course. Every few years, doctors and their insurance companies push for “tort reform,” which will set up special rules for medical malpractice claims, limit the amount of damages that can be recovered, cap the amount of attorney’s fees in medical malpractice cases, and set up all sorts of procedural roadblocks – all in the name of doing away with those “frivolous lawsuits” that are causing your medical costs to skyrocket.

Trusts and Estates

Estate Planning
Jan 23, 2019 | Assest Protection and Estate Planning, Uncategorized May 5, 2009 I was recently asked whether, after its first 100 days in office, I believe that the new administration is honest or corrupt, and whether I supported our new overlords in Washington and their efforts to “turn things around” economically. I’ve been...

Tax Law
Third, it’s an administrative and financial hassle to establish and maintain a corporation in another jurisdiction. If, for example, you live in Utah but your corporation is established in Nevada, you’ll have to qualify your Nevada corporation to business in Utah. You’ll have to pay fees in both Nevada and Utah, and there will be some other filings you’ll have to make as well (I don’t have space to get into the tax ramifications of this arrangement except to say that you may end up spending far more in tax planning and filing fees than you could ever hope to save by this “multiple filing” scenario).

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