The Irvine, California Law Offices of Jack Utter
Business Law and Estate Planning Attorney
Business Organizations - The form of entity selected for the conduct of a business greatly impacts the daily operations of the business and the income tax consequences to both the business and its owners. I assist clients with this step of business formation by reviewing the goals and individual facts present in each situation to recommend the best entity-selecting from limited/general partnerships, limited liability companies, or corporations, and the different elections or options available under each. The services involved here extend from the initial conference and decision-making, through document preparation and filing with appropriate authorities, to post-formation activities such as preparation and adoption of bylaws and director/shareholder resolutions.
Business and Commercial Law - Whether building or acquiring facilities or equipment, contemplating business mergers or acquisitions, contracting for the purchase or sale of goods and services, developing policies, procedures, plans and agreements concerning employees and independent contractors, or simply attempting to comply with the constantly growing array of rules, regulations, codes, ordinances, statutes and laws affecting businesses, the Law Offices of Jack Utter delivers solutions for its clients. I provide numerous services to assist business clients in the operation of their businesses. I advise businesses on a wide variety of matters, including:
- Formation of business entities, including corporations, limited liability companies, general and limited partnerships
- Drafting and/or negotiation of contracts
- Operational issues
- Employment and labor issues
- IPOs, public company filings and stockholder relations
- Mergers, acquisitions and joint ventures
- Unfair competition
- Estate planning
- Protection of intellectual and proprietary rights
- Strategic partnership or joint venture agreements
Family business succession
Post-formation needs may include employment agreements, standard contracts for goods and services, or the acquisitions of new or additional real estate for the conduct of business. Occasionally, an entity may need to seek enforcement of a contractual obligation, or defend claims brought against it. I am prepared to represent these clients and eliminate the need for a business to retain additional counsel for most litigation situations. Other overlapping practice areas include real estate, financing, estate planning, and municipal law.
Real Estate - My firm is experienced in virtually all aspects of residential and commercial real estate transactions. I provide representation in litigation, acquisitions and sales, real estate construction and development, leasing, management, credit enhancement, mortgages and foreclosures, joint ventures, partnerships, title examinations, easements, quiet title actions, closings, and other real estate and business related activities.
In order to protect clients from exposure to certain kinds of legal and financial liabilities, my firm thoroughly reviews the terms and conditions of a sale or purchase agreement. Identifying imprecise clauses or vague terms, I suggest alternative language to protect clients from future legal problems and difficulties. Since certain problems can come to light after a real estate purchase, my office maintains an ongoing consultative relationship with clients to ensure their interests are protected should legal action be required after the finalization of a real estate deal. My office is prepared to write demand letters and initiate legal proceedings in cases where a lack of full disclosure or deceptive practices threatens the value of their real estate purchase or sale.
Employment Law - Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. I have significant experience in interpreting and construing state and federal statutes and case law in areas such as employment discrimination, affirmative action, sexual harassment, employee benefits, whistleblower litigation, wrongful discharge, employment contracts.
Estate Planning - In its modern use, the term "estate planning" has come to mean estate tax reduction. Another popular use of the term "estate planning" equates it with "financial planning"-a service often performed by persons with some business training but who are not licensed attorneys. I have a solid business and real estate background, along with actual training in the law. My firm is thus able to provide you with the best possible representation and advice. I advise my clients of all of their options, and recommend and prepare, as appropriate, wills, living trusts, irrevocable living trusts, charitable remainder or lead trusts, grantor or retained annuity trusts, and qualified personal residence trusts. When requested, I also assist clients in transferring assets into these entities. I also focus on disability planning aids, such as intervivos (lifetime) funding of trusts and powers of attorney, to help clients avoid the future need for formal court-administered guardianship. My intent is to help clients define their wealth transfer and management objectives and prepare the necessary documents-in clear, plain and understandable language.
Probate and Trust Administration - Logically following estate planning is probate and trust administration-putting the plan into operation. I represent fiduciaries and beneficiaries in all California probate courts by filing the necessary pleadings to admit a decedent's will to probate, preparing all documents and filings required under California laws and procedures. Trust administration does not usually require court pleadings or filings, but many of the same administration, distribution or tax issues are present and require attention. In this area, I counsel fiduciaries regarding the rights and interests of beneficiaries and recommend steps or actions to help the fiduciary operate the trust in compliance with the appropriate fiduciary laws and avoid personal liability for their actions, or inaction. I take special care during these difficult times to represent families with caring and compassionate counsel, guidance and direction. I am well aware of the stress that legal proceedings often times add to a difficult situation, and I strive to complete the formal process as quickly as possible while maintaining an eye towards your expressed goals. My experience enables me to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future.
Family Law - My firm handles a full range of family law matters, including divorce, paternity, child custody, child support, visitation, parenting time, temporary orders, parental kidnapping cases, legal separation, premarital agreements, domestic abuse, mediation, arbitration, maintenance and all financial or property-related disputes.
Securities Law - My firm assists clients, both individual and business, with public offerings and private placements and compliance with complex state and federal laws and regulations. My expertise extends to securities fraud and insider trading matters. I represent purchasers in private placement markets and advise issuers and entrepreneurs.
Personal Injury - Vehicle accidents and Medical malpractice.
Note that the practice area descriptions provided above are not necessarily exhaustive. Please contact the Law Offices of Jack Utter if you have specific questions concerning my availability or qualifications to represent you. For more information regarding my practice and how I can help your business or estate plan, contact Irvine business law attorney and estate planning lawyer Jack Utter today.
For more information regarding my practice and how I can help your business or estate plan, contact Irvine business law attorney and estate planning lawyer Jack Utter today.
