Commercial

From its inception, Kesler & Rust has taken genuine interest in how its business advice affects its clients’ overall business goals and objectives.

COMMERCIAL

From its inception, Kesler & Rust has taken genuine interest in how its business advice affects its clients’ overall business goals and objectives.  This interest is coupled with its attorneys’ abilities to successfully resolve a variety of issues in numerous industries, from pre-dispute guidance to full-blown litigation and appellate work before judges and juries in every court in Utah.  As a consequence, Kesler & Rust forges long-term relationships with its corporate clients built upon trust, devotion, problem-solving, and results.

Although Kesler & Rust attorneys provide comprehensive representation to corporate clients on a variety of matters, they regularly advise corporate clients on contractual, labor and employment, business formation, development/implementation of business strategies, real estate issues, and acquisition matters.  

Kesler & Rust’s corporate clients have attained great comfort by relying on Kesler & Rust’s tailored, practical, and results-oriented problem-solving skills.  This, in turn, has enabled these corporate clients to focus their efforts on their business success in a changing marketplace.

Construction and Construction Litigation

Kesler & Rust’s attorneys have broad knowledge and experience in almost every area of construction law.

CONSTRUCTION AND CONSTRUCTION LITIGATION

Kesler & Rust’s attorneys have broad knowledge and experience in almost every area of construction law.  The attorneys provide quality, innovative, and sensible advice, representation, and assistance to clients through all phases of construction, from initial planning and development to contract formation and performance.  In addition, Kesler & Rust attorneys skillfully resolve construction law matters in pre- and post-dispute resolution processes, including settlement, mediation, arbitration, litigation, and appellate work.

Kesler & Rust has taken an active role in the legislative process in Utah and other states.  These efforts ensure that our construction clients’ interests are well represented.  The attorneys’ involvement gives Kesler & Rust clients up-to-date, firsthand knowledge of applicable construction laws and relevant changes.

Within the general area of construction law, Kesler & Rust attorneys specialize in the following:

  • Contract Formation

    • General Contract

    • Subcontracts

    • Labor and Materials

  • Construction Litigation

    • Mechanic’s Liens

    • Bonding

  • Real Estate Law

  • Government Relations

    • Planning and Development

    • Architectural Design and Engineering

    • Title Issues

    • Surveys

    • Environmental Reports

  • Zoning and Planning

Estate Planning and Probate

Kesler & Rust’s estate planning and probate services give our clients peace of mind that their family, loved ones, and assets will be protected with carefully drafted estate plans. 

ESTATE PLANNING AND PROBATE

Kesler & Rust’s estate planning and probate services give our clients peace of mind that their family, loved ones, and assets will be protected with carefully drafted estate plans. Because of our litigation experience, including trust and probate litigation, we create estate plans intended to prevent contested probate and avoid litigation pitfalls.

We provide our clients with estate planning options that are tailored to their needs. Many of our estate planning packages are flat fee.

Whether your estate is large or small, Kesler & Rust can help with any of your estate planning needs. Kesler & Rust’s estate planning services include:

  • Revocable Living Trusts
  • Irrevocable Trusts
  • Wills
  • Power of Attorney
  • Advance Healthcare Directives
  • Property Deeds and Transfers
  • Non-Basic Trusts such as Domestic Asset Protection Trusts; Special Needs Trusts; QTIP Trusts; Marital, Credit, or Bypass Trusts; Testamentary Trusts; Charitable Remainder Trusts; and Life Insurance Trusts
  • Family Limited Partnerships or Limited Liability Companies

Kesler & Rust also provides probate administration and litigation services to assist with the probate of a loved one’s estate or disputes that arise from the administration of an estate. Our probate administration and litigation services include:

  • Probate Administration
  • Probate Litigation
  • Trust Litigation
  • Determination and Enforcement of Beneficiary Rights
  • Guardianships
  • Conservatorships

Contact Kesler & Rust’s estate planning attorney Ashley Garbe Smith at [email protected] or call our office to discuss your estate planning or probate needs.

Family Law

Kesler & Rust cares for its clients in all aspects of their lives, including difficult and sensitive family law issues. 

FAMILY LAW

Kesler & Rust cares for its clients in all aspects of their lives, including difficult and sensitive family law issues.  Accordingly, Kesler & Rust’s family law attorneys, who are experienced in litigation as well as mediations and settlement negotiations, help clients navigate oft-changing laws affecting families to achieve personalized results regarding:

  • Divorce
  • Annulment
  • Property Division
  • Custody
  • Parent time/Visitation
  • Child Support
  • Parental Rights
  • Alimony
  • Modifications (e.g., custody, visitation, support, etc.)
  • Pre-nuptial Agreements
  • Qualified Domestic Relations Orders;

Contact Kesler & Rust family law attorney J. Adam Knorr at [email protected] or call our office to discuss your family law needs.

Litigation, Trials, and Appeals

Kesler & Rust attorneys provide an exceptional level of dispute resolution experience, including state and federal trials before judges and juries, arbitrations, mediations, administrative hearings, and appeals.

LITIGATION, TRIALS, AND APPEALS

Kesler & Rust attorneys provide an exceptional level of dispute resolution experience, including state and federal trials before judges and juries, arbitrations, mediations, administrative hearings, and appeals.  This dispute resolution experience combines with Kesler & Rust’s extensive knowledge and proficiency in a wide range of practice areas to ensure that clients receive the best possible results in litigation.

Kesler & Rust lawyers are admitted to practice before the United States Supreme Court, the Tenth Circuit federal court of appeals, and all Utah state courts (including its appellate courts).  Kesler & Rust lawyers have considerable experience with the special rules and considerations that apply when an appeal is filed, whether in court or before administrative tribunals, and can assist clients whether they are bringing or defending against an appeal.  Kesler & Rust can navigate an appeal when it has handled the underlying matter; however, its attorneys also can also assume appeals or consult on cases that originated with other lawyers.  This ability provides appellate clients with significant expertise and also fresh insights.

Kesler & Rust lawyers are thinking about appellate issues well before and during trial, and work with clients to develop issues for appellate review, including ensuring appealable issues are preserved.  

Personal Injury and Insurance Litigation

Kesler & Rust represents both plaintiffs and defendants in personal injury, products liability, and other accident cases that often lead to litigation with insurance companies.

PERSONAL INJURY AND INSURANCE LITIGATION

Kesler & Rust represents both plaintiffs and defendants in personal injury, products liability, and other accident cases that often lead to litigation with insurance companies.  Kesler & Rust’s personal injury representation includes a dedicated practice representing Spanish-speaking personal injury victims, who are tragically underrepresented in Utah.

While Kesler & Rust works to resolve personal injury cases prior to trial, its attorneys are committed to taking cases to trial and on appeal, if necessary.  This willingness to try and appeal cases evidences Kesler & Rust’s commitment to its personal injury clients.  

Kesler & Rust handles the following types of personal injury cases:

  • Automobile and Motorcycle Accidents

  • Product Liability

  • Bus and Semi-truck Accidents

  • Premises Liability

  • Dramshop (alcohol liability) Cases

  • Dog Bite and Other Animal Liability

  • Recreational Activity Injuries

  • Other Significant Injuries Caused by Negligence or Defective Products

Real Estate Transactions and Real Estate Litigation

Kesler & Rust has from its inception provided a wide range of services in the areas of commercial, industrial, and residential real estate.

REAL ESTATE TRANSACTIONS AND REAL ESTATE LITIGATION

Kesler & Rust has from its inception provided a wide range of services in the areas of commercial, industrial, and residential real estate.  Kesler & Rust attorneys are especially well known and respected for their capable representation of commercial shopping center owners, property managers, and handling of mechanic’s lien and bond claims.

Within the general areas of real estate transactions and real estate litigation, Kesler & Rust attorneys specialize in the following:

  • Shopping Center Transactions and Litigation

  • Lease Transactions and Lease Negotiations

  • Property Management Transactions and Litigation

  • Landlord/Tenant Disputes

  • Mechanic’s Liens and Title Issues

  • Purchase and Sale Transactions

  • Condemnation

  • Real Estate Development

  • Zoning and Land Use Planning

  • Secured Lending Transactions

As with the firm’s other practice areas, Kesler & Rust attorneys successfully represent clients in real estate matters in a variety of dispute resolution proceedings.

Securities

Kesler & Rust partner, Douglas E. Griffith, began his legal career as an enforcement and trial attorney for the United States Securities & Exchange Commission (“SEC”), for which he prosecuted violations of Federal securities law.

SECURITIES

Kesler & Rust partner, Douglas E. Griffith, began his legal career as an enforcement and trial attorney for the United States Securities & Exchange Commission (“SEC”), for which he prosecuted violations of Federal securities law.  This experience provides the foundation for the firm’s current securities litigation practice, which centers on the representation of individuals and firms in securities and fraud litigation, broker/dealer matters, and regulatory defense before the SEC and the Utah Division of Securities.  

Kesler & Rust also represents accountants and accounting firms in regulatory defense and other matters before the Public Company Accounting Oversight Board (“PCAOB”), the regulatory agency established by the Sarbanes-Oxley Act to oversee the public auditing industry.