Family Law

• Divorce
  In a contested divorce, either type can be awarded on a sole or joint basis, so there are four ways a judge may rule when it comes to custody...
• Child Support
  Aaron helped me in a custody battle for my two boys. In the state of Utah, it is difficult for Dads to get more time with their kids. Initially I was lucky to get my kids half time (week on, week off). After some time, my ex wife decided to sue me for full custody. Not only did Aaron win the case for us (no change in custody), he was able to reduce the child support amount by over 60%! Our gratitude has no end for Aaron Dodd. He IS the best! He helped maintain my relationship with my boys at a time they needed their Dad.
• Child Custody and Visitation
  Fillmore Spencer LLC helps Utah Valley residents resolve important family legal issues, from divorce, child custody and division of marital property to family business mediation and adoptions, completely and finally, so you can get on with your life while keeping family lines of communication open.
• Adoption
  Adoption in Utah is complicated, with many potential legal and other snags. A birth mother may change her mind, a putative father may decide to exercise his paternity rights, a home inspection can go awry or paperwork may be completed incorrectly. Fillmore Spencer LLC is well-versed in Utah adoption law and the adoption process — we know how to anticipate and head off problems before they materialize. Remember to follow
• Paternity
• Premarital Agreement
  For instance, we draft ironclad prenuptial and postnuptial agreements that dictate financial and other arrangements to be implemented upon your death or the dissolution of your marriage.
• Guardianship
  A power of attorney is a relatively inexpensive way to give someone you trust the right to act for you in certain circumstances. If you fall ill and do not have a power of attorney in effect, a court may create a conservatorship or guardianship on your behalf. If you can care for yourself but can’t make key financial decisions, it will likely be a conservatorship. If you are unable to make any decisions for yourself, it will be a guardianship. Your will may stipulate who you would want to serve in either capacity. Without those directions, the court will appoint someone, preferably a close relative.
• Spousal Support
  Just as American society and its courts have come to realize that insistence on “marriage is forever” can be a mistake, so too does Utah recognize that alimony also should not be forever. Barring extenuating circumstances, Utah courts rarely require alimony payments to go on for longer than the number of years the marriage endured. So in a marriage of 15 years, alimony payments might be required for up to the first 15 years following divorce. Of course, the court could decide on a lesser span. Indeed, for a couple married two years and bearing no children, the court may decide neither spouse should receive alimony. Fillmore Spencer LLC attorneys bring more than 20 years’ experience to helping couples and the courts arrive at fair spousal maintenance arrangements.
• Annulment
  Fillmore Spencer LLC child custody lawyers in Utah have more than 20 years’ familiarity with Utah child custody and child support law. Child custody in Utah may be brought as a separate case or as part of a divorce, separate maintenance, temporary separation, annulment, parentage, adoption, neglect and dependency or termination of parental rights case. It is governed by the custody sections of Utah’s divorce statutes. We want to help you, contact us today!
• Child Abuse
  A stepparent adoption occurs when a parent’s new spouse adopts a child the parent had with a previous partner. A stepparent adoption can be more straightforward and less prone to drama versus an agency and independent adoption, especially if the child’s other birth parent consents to “voluntary relinquishment” of parental rights. The adoptive parent does need to obtain clearance from both the Utah Child Abuse Registry and the Division of Child and Family Services Bureau of Criminal Investigations (through the Department of Public Safety) before the adoption can proceed — the state wants to make sure the stepparent has not been convicted of child abuse or other violent crimes.   The stepparent adoption process requires a bit more effort if the other birth parent cannot be found or refuses to consent to the adoption. Also, while most adoptions in Utah can be finalized within six months, the minor must reside with the stepparent for at least a year before their adoption can be finalized.

Criminal Law

• Criminal Defense
  With almost 20 years experience, Aaron Dodd provides sound counsel and common-sense advice to help his clients prevail.  His practice areas include civil litigation, criminal defense, family law and appeals. Aaron knows how to work with opposing counsel and judges to achieve beneficial results.  When Aaron takes on a case, his clients profit from his extensive trial experience, his clear understanding of the law and comprehensive litigation skills.
• DUI/DWI
  DUI — If you’ve been arrested for driving under the influence ( DUI ) of alcohol or drugs, Fillmore Spencer LLC works to get the charges dismissed or reduced to ensure you do not lose your driver license. We mount a vigorous defense, examining the evidence, police reports and dashcam video footage of your roadside sobriety test for any investigative or legal flaws.
• Wrongful Death
  Wrongful death is caused by negligence or misconduct by a person or system. The death may be the result of a dangerous condition or property, a manufacturer overlooking a safety feature, or another driver’s momentary distraction. Fillmore Spencer LLC wrongful death lawyers help you prevail against tactics deployed by the defense and insurance company and obtain compensation for the loss of your loved one and, possibly, some measure of justice.
• Traffic Violations
  The other driver. Is there evidence to suggest the person might have been talking or texting on a cellphone, rubbernecking, adjusting a radio, or paying attention to a passenger or other distraction? Might the driver have been sleep-deprived, possibly because of prescriptions known to cause drowsiness? Was the individual impaired by alcohol or other substances, speeding, or driving aggressively or recklessly?
• Sex Crimes
  If you’re charged with a sex crime, it pays to retain an experienced sex crimes lawyer at Fillmore Spencer LLC to defend your rights. Here’s why...
• Fraud
  Fillmore Spencer LLC attorneys are versed in the resolution of securities disputes, whether by negotiation, arbitration or litigation, including litigation involving securities fraud.
• Robbery
  Locked detention applies if the minor has been arrested for an offense like auto theft, home burglary, assault, sale and use of drugs, armed robbery or aggravated burglary. Locked detention can also be ordered by a juvenile court judge. Within 48 hours of being arrested for a serious offense, the minor attends a detention hearing that will determine whether the minor remains in locked detention, is placed in home detention, or returns home or to a less restrictive placement until the juvenile court hearing, which decides innocence or punishment for the offense. If found guilty, the minor may be ordered into juvenile judicial system custody or be subject to fines, payment of restitution to victims, probation, additional detention, or work camp.
• Burglary
• White Collar Crimes
  White collar crimes — Fillmore Spencer LLC represents business owners, executives and companies charged with embezzlement, price fixing, Racketeer Influenced and Corrupt Organizations Act violations, tax evasion and accounting, bank, corporate, credit card, healthcare, insurance, mortgage and wire fraud.
• Theft
• Misdemeanors
  Possession — Possession of less than an ounce of marijuana can get you a Class B misdemeanor, up to six months in jail and a $1,950 fine, while possession of up to 16 ounces is a Class A misdemeanor with up to a year in jail and a fine of $4,875. But possession of other controlled substances and false or forged prescriptions is charged as a third-degree felony, punishable by up to five years in prison and a fine of up to $9,750. Worse, if police or prosecutors believe you intend to distribute drugs you possess, the charge can be enhanced to “possession with the intent to distribute.”
• Embezzlement
• Drug Crimes
  From the possession of drug paraphernalia to sales of drugs resulting in death and even the illegal use of prescription drugs, Utah laws take a dim view of drug-related crimes. Fillmore Spencer LLC defends you if you are charged with such offenses as...
• Assault
• Murder
  Those who survive a loved one’s wrongful death may be able to receive compensation if the death is the result of another’s negligence or reckless or intentional act. Examples of negligence would be drunk driving, distracted driving, drowsy driving or other unsafe conduct leading to the death of another. A reckless act would be drag racing or playing with a loaded handgun. An example of an intentional act would be murder.
• Juvenile Crimes
  Juvenile crimes — Utah juvenile records of misconduct and adjudications can haunt your child once he or she turns 21, compromising their opportunities to get into college, join the military and find employment. Fillmore Spencer LLC works to get charges dropped or mitigated. We may also be able to get certain convictions expunged from your child’s record.
• Homicide
  Other crimes for which minors may be tried include traffic offenses related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joyriding and fleeing a police officer.
• Arson
• Restraining Order
  Enforcing copyright through a mix of cease-and-desist letters, temporary restraining orders, preliminary injunctions, alternative forms of business dispute resolution and litigation
• Kidnapping
• Internet Crimes
  Internet sex crimes — Charges for Internet sex crimes can include child pornography possession, production and distribution, cyberstalking, predatory criminal sexual assault, solicitation of a minor and voyeurism (photographing parts of a person’s body without their consent).
• Prostitution
  Prostitution — In Utah, a person is guilty of prostitution when they engage in any sexual activity with another person for a fee, are an inmate of a “house of prostitution,” or loiter in or within view of any public place for the purpose of being hired to engage in sexual activity. Prostitution is a class B misdemeanor, but a second conviction ups the charge to a class A misdemeanor. A person who exploits prostitution is charged with felony of the third degree. A person who patronizes a prostitute is subject to a class B misdemeanor.

Business and Corporate Law

• Corporate Law
• Mergers and Acquisitions
  We have Utah Business Attorneys that can expertly oversee multi-million dollar international mergers and acquisitions or help you form an LLC.
• Business Formation
  Mark D. Stubbs aggressively advocates for his clients interests in all types of business and employment law —organization and business formation planning and documents, contract negotiations and even arbitration.  Mark especially enjoys working with Women and Minority-owned Small Businesses, helping them to navigate and make connections within the business community and obtain incentives to ease their path to growth and success.
• Business Disputes
  We also represent plaintiffs and defendants in business disputes aiming to resolve business contract-related matters, such as breach of contract, breach of fiduciary duty, tortious interference with contractual relations and owner disputes.
• Limited Liability Companies
  Mark Stubbs advises business entity clients on employment law matters including EEOC and non-competition issues. He assists in the organization of business entities, including corporations, limited liability companies, partnerships, and joint ventures.  Mark takes a special interest in providing Minority and Woman-Owned Small Businesses with access to sound legal advice, vendor networks, and government programs available to level the playing field and allow them to thrive.
• Construction Contracts
  Contract disputes — Fillmore Spencer LLC brings considerable experience in resolving disputes concerning purchase agreements, lease agreements, construction contracts, development and commercial contracts and disclosure agreements.
• Trade Secrets
  Our attorneys conduct audits of your enterprise’s trade secret protection policies, assessing your policies’ current risks and benefits to identify opportunities that might better preempt the need for litigation. Our counsel is unique in that we have extensive firsthand appreciation of how various trade secret policies ultimately may play out before a judge or jury.
• Intellectual Property
• Unfair Competition
  Fillmore Spencer LLC provides local and out-of-state businesses with legal counsel and representation in navigating and litigating critical commercial and other business matters involving governance, regulatory compliance, intellectual property, unfair competition, taxation and employment law. Our list of clients runs the gamut from owners of mom-and-pop stores to limited-liability companies, partnerships and major corporations. Our clients also represent a wide range of industry sectors, including consumer products, construction, education, energy, financial, food, healthcare, Internet, manufacturing, media, technology, telecommunications and transportation.
• Antitrust

Employment Law

• Workers Compensation
• Employment Contract
• Employment Litigation
  Mark chooses to work with clients who have been injured through no fault of their own. He chose to join Fillmore Spencer because the firm focuses on helping individuals. Mark feels the most satisfying part of his practice is helping people who have been hurt and are being taken advantage of by insurance companies, businesses, and irresponsible individuals. He focuses his representation on clients seriously injured in personal injury and workers’ compensation cases in Utah as well as employment issues.
• Severance Agreement
• Sexual Harassment

Property Law

• Real Estate Litigation
  The state’s rapid population growth — 5.0% vs. the U.S. average of 2.4% for the 39 months ended July 1, 2013 and pegged to rise from 2.91 million in 2012 to 6.84 million by 2060 — is making Utah real estate an increasingly competitive arena. Fillmore Spencer LLC’s experienced Utah real estate lawyers help Utah Valley contractors, developers, investors, lenders, title companies, landlords, tenants and others resolve disputes and secure their goals by providing informed, effective legal work over a wide range of real estate matters.
• Premises Liability
  To pursue a premises liability claim in Utah, the injured party must prove that the property owner or occupier knew or should have known about the hazard that caused the injury and failed to take reasonable steps to address it or warn visitors about it.  We can help you gather evidence to support your claim and negotiate with insurance companies or pursue legal action if necessary to seek a fair settlement or verdict.
• Construction Litigation
  Much rides on any real estate development project, and contractor error and material defects can have devastating effects on project viability and can compromise prospects for owners, investors, contractors and lessees. We have successfully represented all manner of parties in complex construction defect cases, often obtaining judgments well in excess of six figures.
• Real Estate Transactions
  Purchase and sale — Our attorneys represent both buyers and sellers in all commercial real estate transactions. We examine and draft hand contracts and deeds, including warranty deeds and quitclaim deeds.
• Eminent Domain
  Development and zoning — We help ensure development is in compliance with state and local development and zoning ordinances. We also represent parties who wish to challenge board decisions regarding real estate development and issues of eminent domain.
• Easement
• Land Use and Zoning
• Property Damage
  Fillmore Spencer LLC and their DUI lawyers in Provo aggressively defend you against DUI charges, seeking to keep a conviction off your record. Even without injuries or property damage involved, charges of driving under the influence (DUI) of alcohol of drugs represent a potential nightmare. There is sure to be a large fine if you are convicted and jail time, even if it is your first time. And there’s also the possibility of having your driver’s license suspended. Let us help you overcome any charges, contact us today!

Immigration Law

• Citizenship and Naturalization
• Employment Immigration
• Green Cards

Health Law

• Personal Injury
  We have Personal Injury Attorneys that will fight to get you medical care and compensation for loss of property and wages when you are hurt due to the negligence of others.
• Medical Malpractice
  We work with individuals and families in personal injury claims involving motor vehicle accidents, medical malpractice, slips and falls, and other circumstances. It’s not required, but it’s always best if we are retained from the beginning, while evidence and witness recollections are freshest — we go over all aspects of your accident, so the more evidence and reliable testimony we have at our disposal, the better the prospects for your case.
• Auto Accidents
• Medicaid Planning

Trusts and Estates

• Estate Planning
  Richard W. Sheffield counsels clients on a broad range of business, real estate, estate planning, finance and transaction matters. He returned to Utah from Phoenix, Arizona, after 20 years of experience at one of the largest law firms in the West. He has extensive experience and know-how in general and specialized issues faced by new and established businesses.
• Wills
  Fillmore Spencer LLC helps you prepare for the possibility of incapacitation. Powers of attorney, living wills and adult guardianships and conservatorships help ensure you receive the care you need should you become incapacitated, disabled or infirm.
• Trusts
  Benefit charities and other institutions — You can establish a charitable trust that annually funds a charity while you’re still alive, then provides a larger annual amount upon your death. You can even have a trust make payouts to you while you’re alive and then, upon your death, turn over any remaining amount to a charity.
• Power of Attorney
  There are four requirements to issuing a power of attorney: (1) You must be able to understand what you are doing and your authorization must be (2) in writing and (3) notarized. And (4), the power is to be granted in connection with real property, with documentation filed with the recorder of the county where the property is located.
• Probate
  Personal representatives — Estate executors may be sued for allegedly improper notification, obfuscation or misuse of estate funds, failing to properly preserve assets during probate, failing to observe the testator’s wishes or otherwise failing to comply with state probate law.

Finance Law

• Bankruptcy
• Foreclosure
  State regulators have seen problems with non-traded real estate investment trusts, properties that are bank owned, pending short sale, or in foreclosure, and flimsy promises of investment funds being secured by an interest in real property that is already highly leveraged and has no remaining equity. As with other securities activities, the counsel of a seasoned securities attorney is advised
• Tax Law
  Fillmore Spencer attorneys have counseled and litigated business matters across many sectors and enterprise types, from major software manufacturers to single-physician practices. We not only protect and assert your enterprise’s rights, we help you better manage legal costs and risk. We also counsel businesses on how to structure themselves optimally for ownership, regulatory compliance, tax planning and management succession considerations.