E. Kent Winward

E. Kent Winward

Student loans an obligation that's impossible to escape

Ben Franklin may have been a wise founding father, but he completely underestimated Congress in the 21st century when he wrote, "In this world nothing can be said to be certain, except death and taxes."

Deep breath not enough to persuade credit bureaus you are alive

Joe was dead. I don’t believe in ghosts, but there he sat in my office.

For a dead person, Joe was quite articulate. He also seemed quite real. Unfortunately for Joe, the credit bureaus Transunion, Equifax and Experian all said he was dead.

A fundamental concept of law is providing due process

Delbert Coats (not his real name) is a small Southern Utah town's curmudgeon. He is the grumpy guy that cusses out the kids, drives his 1958 pickup at 15 miles an hour up and down Main Street just to be aggravating, sitting comfortably in his bib overalls. Delbert is old and hobbles around on two canes he made out of lead pipe, with the ends capped and T-joints for the handles.

Know what you are getting into when you sign the bottom line

One of the classes first year law students have to take is a Contracts class. Contract law taught in law school covers the negotiation and requirements for making an agreement between two people. The phrase that is pounded into law students' heads is "meeting of the minds." The two parties to the agreement have to actually agree.

Administrative regulations play big roles in our life

If you are as old as I am, you remember a Saturday morning short cartoon “I’m Just a Bill” in the “School House Rock” series.

If you are younger, do an Internet search for “I’m Just a Bill,” and you can watch it on YouTube or Vimeo this Saturday morning. Even now, the tune sticks in my head, but the cartoon was also great at explaining the tortured path a bill must go through to become a law.

Help your attorney bifurcate the legalese from the layman's

No one can understand what I say. I jokingly tell clients that if they could understand attorneys, it would be a lot harder for us to collect our fees.

Yet being an attorney is all about speaking a language that normal people don’t necessarily understand. The law aims for precision and specificity, but it often means confusion, even for the attorney.

When you are dealing with an attorney, the first thing you should do is immediately interrupt her (or him) if you don’t understand the words hitting your eardrums. I’ve been playing the lawyer game so long that words trip off my tongue and I don’t even realize that people have no idea what I’m saying. When you say, “based upon the DMI and liquidation analysis” often enough, you forget that it isn’t even human speech.

Sex ed bill goes against philosophy of Utah code: Be prepared

Be prepared. While this motto works for Scouts, the law enforces preparedness by requiring classes and education that must take place in order to access various legal remedies and privileges.

House Bill 363, which is awaiting Gov. Gary Herbert’s signature (or veto), would prohibit local school boards from educating our students on the full spectrum of reproductive health, harshly limiting the discussion of sex to abstinence and within marriage. (Note: Herbert vetoed the sex ed bill late Friday night, after this column was written and posted.)

Know your rights if you have to get a payday loan

Those brightly lit, garish-looking storefronts that promise "CASH NOW!" and "NO CREDIT CHECKS!!!" are the purveyors of payday loans, or "deferred deposit loans," as the Utah Code prefers to call them.

The loans are usually for smaller amounts, between $50 and $500, but carry annual interest rates often exceeding 500 percent.

It is possible to improve that almighty credit score, report

When I was 18, I went to Barnes Bank in Kaysville to get a loan. I was taken into the bank manager’s office. My father was with me. I filled out a long questionnaire about my job and personal information. The banker wanted to know my ties to the community, how important it was to honor my commitments and why he should trust me to pay back the small loan I was requesting.

He hemmed, he hawed. In the end, he decided he would give me the loan, if my dad would co-sign.

The legislative branch has failed us in the mortgage crisis

Do you remember your sixth-grade civics class? Probably time for a refresher, especially before you go to vote in November.

The executive branch of government (president and governor) enforces the laws. The legislative branch (Congress and state Legislature) creates the laws. The judicial branch interprets the laws.

Why is this important? Understanding this basic division of labor among the branches of government will allow you to make more informed decisions as a citizen and understand where responsibility lies.

Banks, their loans a lot like slot machines

During the financial crash of 2008, I read a lot of commentary comparing our financial system to casinos. The obvious idea was that people and banks were using the market to gamble. The less obvious idea was, who was acting as the casino?

Foreclosure epidemic affects families, businesses, city services

My wife has a melodrama that she performs using her index finger as the lone prop. The heroine is represented by a high squeaky voice and the index finger placed on my wife's head like a bow. The villain banker has the index finger for a mustache. The hero has the deep voice and a bow tie.

Know the law; avoid the guys with the guns

 “Do you know what I did today?” I asked my friend, Wallace Lee (now Judge Lee of the 6th District Court).

Wally was a fellow attorney and we had been practicing law together for some time, but he would still trust what I said.

“No, what did you do today?” he replied.

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