Zealous Legal Advocate
I am great to work with because I am very personable, and a zealous advocate with a great deal of courtroom and consultation experience in a wide range of practice areas. My experience as a Judge Pro Tempore has allowed me to hone my skills in terms of determining witness credibility, which translates to effective representation of my clients in the sense that I can effectively weigh the prospect for my client’s claims. I can look at things as a judge would. This saves money for my clients because they are able to decide whether and how they would like to proceed on their cases based upon my experienced advice.
26+ Years of Successful Legal Experience
I have won many verdicts and rulings for my clients over the 26 plus years I have practiced law. I go to court regularly, and also have a great deal of appellate experience. I know how to make an effective record if a judge rules against my client at trial or at a hearing. This is very important because unless evidence is presented and objections made at trial, they are waived on appeal. Please review my bio page for more detailed information.
I am usually very accessible, and work in a small office setting with two other lawyers and one legal assistant and my office has free parking.
I’m here to help, please contact me for a Free 30-minute confidential case review at: (801) 535-4385
I have four published articles in the Utah State Bar Journal. You can read them from the links to the articles below. I intend to write my fifth article on the subject of relocation later in 2016.
- On Becoming a More Effective Private Guardian ad Litem
- Things I Have Learned About Representing a Client in a Family Law Case
- Regarding the Standards of Professionalism and Civility and the Use of Disparaging Language as a Tactical Decision During a Criminal Trial
- Helping Our Clients Tell the Truth: Rule of Professional Conducts 2.1 in Criminal Cases
- Helping Our Clients Tell the Truth, Part II: Revisiting Utah Rule Of Professional Conduct 2.1 in Conjunction with Rules 1.2 and 1.4, the ABA Standards for Criminal Justice, and State v. Holland
I have petitioned the U.S. Supreme Court seven times for the issuance of a writ of certiorari, and one of the cases involved the death penalty. I also have approximately 20 published opinions in the following courts:
- Shuman v. Shuman, 2017 UT App. 192 (divorce case, Utah Court of Appeals panel ruled in favor of my client on a financial issue)
- United States v. Visinaiz, 96 Fed. Appx. 594 (10th Cir. 2004) (interlocutory appeal, 10th Circuit ruled in favor of my client on an evidentiary issue)
- Gullickson v. Gullickson, 2013 UT App 83, 301 P.3d 1011 (Utah Court of Appeals panel ruled in favor of my client on a significant financial issue and clarified the role of the hearing commissioner)
- Barnes v. Commissioner, 64 T.C.M. 1552 (1990) (US Tax Court case in which I prevailed for the Internal Revenue Service at my first job out of law school)
- Hopkins v. Commissioner, 63 T.C.M. 3113 (1991) (US Tax Court case in which I prevailed for the Internal Revenue Service at my first job out of law school)
- Utah v. Johnson, 2007 UT App 184, 163 P.3d 695 (second degree murder appeal where I was only appellate counsel, one of the judge’s in the three judge panel sided with my argument)
- United Cancer Council, Inc. v. Commissioner, 109 T.C. 326 (1997), rev’d, 165 F.3d 1173 (7th Cir. 1999) (I was part of a team of lawyers who won a verdict for a non-profit organization. The IRS had revoked the non-profit’s tax exempt status because it had used direct mail marketing and had shared the revenue with the marketing company).
- United States v. Smith, 555 F.3d 1158 (10th Cir. 2009), cert denied, 130 S.Ct. 396 (2009) (I represented a general manager of a business before the US District Court of Utah in a jury trial, and then on appeal before the 10th Circuit. The IRS assessed the general manager as a responsible person to pay the trust fund payroll taxes, even though he was not a director, shareholder, or corporate officer.)
- United States v. Lara-Garcia, 478 F.3d 1231 (10th Cir. 2007), cert denied, 127 S.Ct. 2281, 167 L.Ed.2d 114 (2007)
- United States v. Villagrana-Flores, 467 F.3d 1269 (10th Cir. 2006), cert. denied, 127 S.Ct. 1021 (2007)
- United States v. Cruz-Mendez, 467 F.3d 1269 (10th Cir. 2006), cert. denied, 127 S.Ct. 1021 (2007)
- United States v. Visinaiz, 428 F.3d 1300 (10th Cir. 2005), cert. denied, 126 S.Ct. 1101, 163 L.Ed.2d 913 (2006) (second degree murder jury trial)
- United States v. Visinaiz, 344 F.Supp.2d 1310 (D. Utah 2004)
- In re Guardianship of E.F., 2010 UT App 339, 244 P.3d 407 (The State of Utah obtained guardianship of mentally challenged adults of a mother who was aged and could no longer care for her sons)
- United States v. Vasquez-Flores, 265 F.3d 1122 (10th Cir. 2001), cert denied, 545 U.S.1165, 122 S.Ct. 1180, 152 L.Ed.2d 123 (2002)
- In re S.J., 632 A.2d 1123 (D.C. 1993)
- Thomas v. Thomas, 2014 UT App 72, 323 P.3d 612 (2014) (child support modification case)
- Menzies v. Utah, 2014 UT 40, 344 P.3d 581, cert. denied, 14-2014 (October 5, 2015) (I was lead counsel in this State habeas capital murder appeal)
- State ex rel. D.F., 2001 UT App. 256 (termination of parental rights appeal)
- Day v. Barnes, 2018 UT App 143 (ground breaking decision in which the burden of proof was specified for the judge on an appeal from a commissioner’s recommendation)