How did Leading Providers hear about you and your practice? Leading Providers identifies prospective candidates for certification by researching public and private data sources.
The company proactively contacts those services providers that they believe would be potential candidates for certification.

What about your practice was appealing to the Leading Providers representatives? Our communication and high settlements is what make us appealing to Leading Providers.
On average, we settle cases in five to six months instead of years. We are also very proactive about keeping our clients informed about the progress of their case.

What unique practices in your business set you apart? I believe it is our ability to combine the latest technology with hard work ethic to produce results.
I also believe it is our experience of helping thousands of clients get the treatment, direction and the compensation they deserve.
When someone has an accident, they need the time to heal emotionally and physically. We give them the opportunity by taking the burden of dealing with the insurance companies and medical bills off of their shoulders.

You were awarded the recognition in a general “attorney” category. What did you think when you saw that announcement in Forbes magazine naming you Leading Attorney in the region? I was pleased that someone out there is taking the time to help consumers find business professionals who strive to take care of the clients’ best interests.
We have always worked hard to do this in all aspects of our service for our clients — from small to large cases. Our name may not be as recognized as some of the others in the industry, but our results are what matter and this award is a reinforcement of that.

Why do you maintain your practice in Provo instead of heading to a larger city where business opportunities may be greater? It doesn’t really matter where the office is located because I make an effort to visit with each client wherever they are. We handle cases from several different states.

What do you need to do to maintain this ranking from Leading Providers? We must continue to live up to the highest standards. They compare us against our competition through interviews with our firm and clients, by checking corporate and license status, and by evaluating us against industry-specific benchmark data.

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What were your injuries and the damage to your equipment? I was knocked unconscious and sustained four broken vertebrae in my back, two in my neck and a fractured skull. I had road rash on the left side of my face and body and also received stitches around my eye and lip. I was lifeflighted to a local hospital where I spent several days in recovery.
My bike was a total loss. The frame was broken in two places and there were scuffs and scrapes all over.

At what point did you decide to call Jeff Metler’s office? I knew I needed help as I lay in the hospital thinking about the details of my accident.

How is your accident claim different than someone in an automobile vs. automobile accident? My accident claim was different because although an automobile caused my crash, there was no contact made with the vehicle. This raised a lot of questions in my mind about who was going to pay for my medical bills, lost income and property loss.

What were some of the considerations you had to weigh before deciding to call Jeff’s team? I thought about two things before calling Jeff’s office. I wanted someone who was an expert at handling personal injury cases and someone who actually cared about me and didn’t treat my case like a number.

Why did you think of calling Jeff’s office specifically? I personally know two injury attorneys in Utah. One of them is very well known in the community, but I feel he is just after the money. Jeff is different. In my communication with him, he would frequently mention how he has set up his practice to help people recover from their injuries and get on with their lives. His clients are like family to him. I just get the feeling from interacting with Jeff that he chose to be an attorney so he can help people.
He is also a cyclist and I know he understands how important it is to me to get things resolved quickly so I can get back on the bike.

How has your situation changed since Jeff and his team have been on board? Having Jeff and his team on board has helped me avoid several pitfalls. When I have a question, I can call his office and I get a response the same day. He has kept me informed about my case, and his staff is very professional and thorough. I’m usually a person who likes to handle things on my own. I’m so glad I didn’t do that in this situation.

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How do you know when to find a personal injury attorney?
With the way insurance companies are treating people these days, I would say anyone other than the actual driver who is at fault in an accident should talk to an attorney. I’ve represented actual insurance adjusters or their family members because they know the system is stacked against unrepresented individuals. This means, in many cases, people are left paying some of their own medical bills. Thus, if you’re not at fault, you should probably talk to an attorney.

What are reasons people don’t hire a personal injury attorney?
A lot of people believe their accident really wasn’t “that serious” and aren’t aware until later the extent of their problems or what their bills really added up to. People fear it costs a lot of money when in reality the attorney is only paid when they finish the case — thus, no out-of-pocket cost.
People also believe they can do it on their own and don’t realize the time or frustration involved once they begin working with the insurance adjuster on their case. I frequently have people call me after they have tried working with the insurance adjuster only once or twice and become so frustrated they just don’t want to deal with them anymore.

Does the insurance company really have your best interest in mind?
I like what one insurance adjuster said to me once: “Let your client know it’s not personal, it’s just business.” Once people realize many insurance adjusters not only profit share in these companies but receive bonuses based on their settlement rates, they realize who’s best interest they are looking after.

If I have already been offered a settlement is it too late to speak to a personal injury attorney?
It is never too late to talk to an attorney. However, some attorneys won’t take on cases after clients have tried to negotiate their own cases. This is because often times, people may unknowingly say or do things that can cause major problems for the attorney who is trying to pick up the pieces after the fact. The smartest decision is to talk to the attorney up front.

How do I know if my settlement is fair?
Usually, if you don’t deal with this every day, you won’t know. You want someone who deals with this every day and who knows what cases are worth. I have had clients come in where I have looked at their case and said they should take the money they are being offered because it is fair and they don’t need an attorney. However, it is more common to see cases where the client is being offered significantly less.

If I meet with an attorney, do I have to hire him?
No. People should first feel comfortable with the attorney, the attorney’s knowledge and his staff. I tell my clients if they are not comfortable with me or my office, they should hire someone else. If you don’t like them up front, you won’t like them when you are done, either.

What should I look for in a personal injury attorney?
The most important aspect is to know whether personal injury is all they do. I have had people come to my office and say they have a friend who is an attorney and could help them but does some other type of law. I usually ask them, “If you had a foot doctor, would you want them to do brain surgery on you?” It’s the same thing with attorneys. You want someone who does it all the time.

Will my settlement cover all of my immediate needs and future expenses?
Settlements are meant to cover both your immediate bills as well as future expenses. However, it is becoming more common for insurance companies not to even offer to cover the immediate bills after an accident let alone future expenses. Having the right attorney fighting to make sure your immediate bills as well as future expenses are considered is invaluable. If your bills and expenses are not correctly documented, the insurance companies will never consider them.

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How is chiropractic treatment helpful after automobile accidents?
Chiropractic has been shown to be one of the most effective treatments after a automobile accident because it’s one of the few treatments that addresses the cause of patients’ pain and not just the symptoms. Automobile accidents cause physical damage to the soft tissues of the spine, which needs physical treatment. Treating injuries with just medication can lead to permanent injuries and increase the probability of permanent damage and scar tissue.

How do worries about medical bills affect a patient’s ability to heal?
One of the biggest problems that occur when medical bills and insurance companies aren’t handled properly, is that patients will avoid seeking proper care. They do this to avoid being responsible for bills that should have been paid for when they were a victim in an accident. This results in an increased likelihood of untreated or improperly treated injuries that result in permanent debilitating injuries.

Why do you suggest personal injury patients hire an attorney?
When a patient hires a competent attorney, he or she has someone fighting for them just as the insurance companies have legal counsel.
People need to realize when they have injuries from an accident that go untreated, this saves the insurance companies money.
Denying claims or avoiding responsibility from the insurance company is nothing personal against the injured individual, it’s just business.
Many of these injuries can be life altering and can result in future medical expenses. An injured person needs to make sure he or she is being represented when making life-altering decisions.
When a patient has to face these decisions on his or her own, it can alter the course of the care, again, resulting in untreated injuries.

Are patients surprised when you suggest they speak with an attorney?
In some cases at first, but when they understand their rights and the benefits they are in favor.

Why do you refer accident patients to Jeff Metler?
I am very confident that the case is going to be handled correctly and in the interest for what’s right for my patients. I know Jeff will personally meet with them quickly and give them confidence in their case so the patient can continue care without the added stress of the insurance company leaving them with the bill.

How is Jeff different from other attorneys you have worked with?
I have seen two sides to Jeff. One is a truly caring person who will bend over backward to help a client. The other side is a bulldog that will fight for what is right. I know my patients feel that caring side, and he instills confidence that he won’t let them down.

How does Jeff Metler and his staff help patients get their life back on track?
Jeff and his staff instill confidence in my patients and give them the assurance that they will receive the best care and future outcome from their injuries. Jeff understands things from the insurance company’s side and is there to help patients in making these life-altering decisions.

What pitfalls await people who refuse legal counsel?
I have seen patients who have refused legal counsel avoid necessary treatment and wind up with life-changing injuries. I have seen patients who have been stuck with expensive health-care bills. These unpaid bills have resulted in bankruptcies and financial devastations to add to their physical injuries. No matter how small or how large a person perceives their accident and injuries, I truly believe they will come out ahead by seeking legal counsel.

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What were some of the physical challenges associated with your injuries?
After the initial stay in the hospital — where I had to have a number of procedures, including skin grafts — my right outer thigh had gone necrotic from my knee up to my hip. Then, that area went necrotic again and I had to have wound VAC (vacuum assisted closure) treatment for a couple of months. I couldn’t bathe and my wound care was still taking about two hours a day, and this was 3½ months after the accident.
I was also really weak and had to move in with my grandma, who remodeled her bathroom to make it accessible to wheelchairs.

What about the emotional and
financial concerns?
I was an emotional wreck. I had always been independent and had always worked hard. I’d been working and going to school. After the accident, I was stuck in bed. I lost my full-time job because of the injury, and I was having problems getting state unemployment because they said I should be getting disability. However, I was denied disability because they said I wasn’t disabled. I owed all this money for something I didn’t have any control over. It was really terrible.

Why did you call Jeff Metler’s office?
I used to work in a chiropractor’s office, so I was familiar with Jeff before the accident. I already knew if I needed to hire an attorney it would be Jeff. I called because I knew I needed help in getting my medical bills paid by the insurance company.

What did Jeff’s office do for you
emotionally?
Jeff took time to educate me on what to expect emotionally and financially. I got to the point where I was getting calls all the time from creditors asking for a $200,000 payment. That gets overwhelming. I started referring them to Jeff’s office, and they would handle those concerns for me. Eventually, I didn’t get any of those calls. It was great to know experts were helping me along the way.

Did you have any reservations about getting an attorney involved?
I had no intention of using an attorney. The thought never crossed my mind. But when I got out of the hospital and saw the lien, I knew I needed to get an attorney.

How have things worked out for you?
My goal, at first, was to just get enough money to get my medical bills paid for. Jeff’s office helped me settle to where I got my medical bills paid for, but also got some for lost pay and other financial hardships that have come as a result of the accident.

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Why is personal injury law important to you?
There were two driving factors that led me to a career as an attorney. First, I enjoy helping people. At the end of the day, if I have a part in improving someone’s life, I feel a great sense of satisfaction.
Second, I don’t like seeing people get taken advantage of by big insurance companies. Not that it happens every day, but it’s not uncommon to have people come to my office who are frustrated that the insurance company won’t even pay medical bills that occurred because of an auto accident that was not their fault. When I represent my clients, I feel like I can actually make a difference for the
“little guy.”
Who is your typical client?
It’s funny, but my typical client is someone who didn’t want to hire an attorney and thought the insurance company would treat them fairly. Shortly into the process they realize they are getting the run-around or are outright being taken advantage of.

What misconceptions are out there about personal injury law?
There are plenty of misconceptions. Some people think they have to pay
an attorney out of their own pocket while others feel if they make a claim that they are somehow doing
something unethical.

What is your philosophy with regard to representation of clients?
Two things. First, I believe in good communication. Second, I actually care about my client’s recovery both physically and financially. I always want my clients to know what is going on with their case and to feel free to call my office anytime if they have a question. When they feel they can call without bothering us, they know we care about them.

What can someone expect when they call your office for the first time?
They can expect to be scheduled to talk with me personally. I may not be able to talk to them right at that moment, but they will be talking with me directly about their case. In my office, it is all about the personal service.

What upfront financial obligations do you require of clients?
There are none. My clients never pay anything out of their own pocket. If I take on a case, I front all of the costs and I only get paid if we win. I figure the client is already being put in a bad spot financially because they have medical bills that weren’t their fault. They don’t need the added financial burden of having to front costs on their case.

How does hiring an attorney help
clients in non-financial ways?
My job is to help take much of the stress and hassle out of the way so people can actually focus on getting better and not worry about what the insurance company is doing or not doing to them. In the long run, it is quality of life that is the most important. When people don’t have to worry about the details, they are usually happier and heal more
quickly. That is probably the most important thing … they can get back to life and don’t have to stress about everything else.

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Paul Crossett of Orem understands the importance of meeting with his attorney periodically. Despite an initial upfront fee, he meets with his attorney for an end-of-the-year “check up” on his estate plan.
“I like to make sure everything is where it needs to be and we haven’t overlooked something,” Paul says. “Sometimes laws have changed or our circumstances have changed. It’s just good to meet once in a while.”
Like Paul, each of us could gain something from sitting down and letting our attorney put on the adviser hat.
“The end of the year is when people should remember that attorneys are also counselors at law,” says Justin Heideman, partner with Heideman, McKay, Heugly & Olsen, L.L.C. in Provo. “Counsel with them.”
Below are three sound bites from Benjamin Franklin, which remind you that a yearly tune-up with your attorney can keep things running smoothly.

“… nothing can be said to be certain, except death and taxes.”
An attorney should be part of an overall team of trusted financial advisers who should include some or all of the following: accountant, insurance agent, banking professional and financial planner (for a more complete look at how each of these assist in year-end planning, see the Money story on page 99.)
Perhaps more than the others, attorneys and accountants work with individuals and business owners to limit the amount of tax a person is obligated to pay.
Attorneys provide a legal perspective to the tax code and understand how the nuances of tax considerations can affect a person’s liability. While each is important, decisions should essentially come down to the client.
“Sometimes attorneys and accountants will interpret the same tax code differently,” Justin says. “That’s why it’s important to get information from both and make educated decisions.”

“Drive thy business or it will drive thee.”
The end of the year is a great time to make sure you have business affairs in order. In addition to tax considerations, there are also corporate governance issues you need to confirm are done correctly.
“Usually corporate governance requirements are done at the end of the year,” Justin says. “You can make sure you have completed the proper paperwork, held stockholder meetings, and make sure everything is in order.”
An attorney can assist in making sure human resource issues — like harassment and minimum wage notices — are done right and that the business is protected. A lawyer can also make sure securities issues are in order.

“Never leave that till tomorrow which you can do today.”
Planning for the upcoming year begins before Jan. 1.
“The end-of-the-year planning should start when the kids go back to school,” Justin says. “The closer to Dec. 31 you get, the harder it is to get into your professional adviser and the more you’ll have to share his attention.”
Working ahead means you get the best advice and have the most time to make decisions.
The plan for the next year will enable you to set new goals, learn from mistakes or omissions, and set affairs so your new goals can be reached.

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4 questions can help protect yourself and your assets

We all like to be independent. We like to make decisions for ourselves and determine what happens to us, our family and our property during this life and after we die.

That’s why we should place trust in, well, a trust.

“Trust agreements are a great way to achieve a client’s objectives in the administration of their ‘stuff’ when they pass on,” says Sonny J. Olsen, an equity partner with Heideman, McKay, Heugly & Olsen, LLC, a law firm in Provo specializing in estate planning and probate litigation. “Different types of trusts may be created to accomplish specific goals. They’re flexible, and this is a critical reason for choosing a trust versus a simple will.”

What is a trust?
Simply, a trust is an agreement, set forth in writing, under which money or other assets are held and managed by a trustee for the benefit of others (including children, siblings, disabled persons, etc.).

“There are many different kinds of trusts available,” Sonny says. “Trusts may be classified by their purposes, by the ways in which they were created, by the nature of the property they contain and by their duration. The fact is, anyone with children and/or $250,000 or more in life insurance should have a living trust agreement.”

Why is a trust useful?
Part of why the investment pays off is because trusts make it possible for your estate to avoid probate — the court-supervised process to validate a will and transfer property on the person’s death. Probate can be as expensive as some types of trusts and doesn’t allow for personal control of what happens to your property.

Trusts establish the quickest and generally most effective means of controlling or administering property.

“They provide personal and financial safeguards for family and other beneficiaries as the trust is administered according to your wishes and desires. One major consideration of trusts is that they, when properly crafted, can postpone or altogether avoid unnecessary taxes, which is why you need an expert in this area,” Sonny says.

Who should set up a trust?
Trusts can specify how life insurance money is paid out and to whom it’s paid, who will receive what assets from an individual’s estate, and they can clarify things such as who takes custody of young children should the parents pass on prematurely.

Although trusts are inexpensive compared to costly probate proceedings, it does cost money to set up a trust, so young, single people may not want to make the investment until there are more assets to protect. Legal fees for setting up a trust are usually in the ballpark of $1,500.

However, the alternative (probating a valid will) would be more costly and subject heirs to court proceedings.

Depending on the complexity of the circumstances, total probate costs are estimated to run 2 percent to 7 percent of the value of the estate, which equals $2,000 to $7,000 for an estate (house, cars, stocks, bonds, bank accounts, etc.) worth $100,000.

In summary, trusts are the most effective way to administer your estate, they do not involve oversight by the court and they are less expensive than probating a valid will.

How should I go about setting up a trust?
First, you should have a qualified, experienced attorney assist you. The attorney will understand how to word the trust to accomplish exactly what you want it to accomplish. He or she can also be a valuable third-party adviser. You may also want to get advice from your financial planner or accountant.

Setting up the right kind of trust — which your attorney can help you determine — will protect you, your family and your assets from the decisions of the court.

And it will supply you with that one last opportunity for independence. UV

Heideman, McKay, Heugly & Olsen, LLC, is a full-service law firm that focuses primarily on business litigation, contracts, real estate transactions and estate planning. The firm’s clients include many established and growing businesses, and it has offices in Provo, St. George and Price.

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Utah Valley residents have long been known for appreciating a good business opportunity. In fact, entrepreneurism is one of the great hallmarks of our community.

However, even the best business ideas may not see the light of an “open for business” sign without money, which is why entrepreneurs routinely seek investors. But those looking for investment capital need to make sure their actions don’t violate securities laws.

As times have become tougher, securities fraud has made many-a-headline. Names like Bernard Maloff become as familiar as the neighbor down the street as news outlets cover his legal battles 24 hours a day. While we might only think securities law applies to large companies or asset managers, Utah law is carefully worded and applies to more people than you might expect.

“Many people seeking to raise capital for business operations and growth — or even for general investment purchases — do not understand that such efforts are likely governed by a broad and complex body of securities law,” says Dan McKay, partner with the Provo-based law firm Ascione, Heideman and McKay.

According to the Utah Division of Securities, “Securities are instruments or rights that show ownership or a creditor relationship with a firm or other organization. Securities can be equity ownership of a firm evidenced by stock or they can be debt, evidenced by a bond. The Utah Uniform Securities Act defines numerous financial products as securities, such as notes, stock, bonds, debentures, investment contracts and many others.”

If you want to make sure you’re protecting yourself, your new business and your investors, below are three steps to follow.

Hire representation
As you might imagine, securities law can be complicated. Consulting a lawyer with experience in securities law is step one. A good attorney can find out more about your situation and what your obligations to securities law may or may not be.

“An attorney can assist the entrepreneur in avoiding violations of securities law and in structuring a proper offering for the raising of capital,” says Justin Elswick, an attorney with Ascione, Heideman and McKay.

Building a strong relationship with that attorney will also be important as your company evolves and you require changes to your approach to securities.

Determine the right course of action
With the help of a solid attorney, entrepreneurs should determine their approach to raising capital.

“If it appears that an activity is governed by securities regulations, it is important to understand that the law will require the security itself to be registered, or exempted or excepted from registration,” Dan says. “However, many people do not realize the person engaging in the securities activity may need to be licensed himself — or exempted or excepted from licensure — to engage in the sale of securities.”

Each situation is different, so to ensure proper compliance with securities law, an entrepreneur should seek qualified legal counsel. In general, if there were any effort related to the raising of capital by the entrepreneur through the acceptance of investors’ funds, those efforts would likely be governed by securities law.

“Even if it is an offering for the sale of equity ownership in a company, it would behoove an entrepreneur to check with a securities attorney to see if securities regulations may come into play,” Justin says.

Be careful
Unlike “common law fraud,” which requires an actual intent to mislead, “securities fraud” may be implied merely because relevant or important information was mistakenly not included in disclosure documents.

“A person’s intent is irrelevant,” Dan says. “Even if a person does not intend to deceive, he or she may be found guilty of fraud merely by failing to include all material information to potential investors.”

The consequences may be harsh — including repayment to all investors, fines and actual prison time — if a person fails to comply with securities law.

Ascione, Heideman & McKay, LLC is full-service law firm that focuses primarily on business litigation, contracts, real estate transactions and estate planning. The firm’s clients include many established and growing businesses, and it has offices in Provo, St. George and Price.

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