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Idaho Law Blog

All Contracts (Including Simple Residential Lease Agreements) Should Prepare for the Unexpected

Published on: September 30, 2016 | by Racine Olson

By Joseph G. Ballstaedt

To properly draft a contract, a person usually needs to step into the future and understand unfavorable or damaging possibilities that could result as the contract is performed. Some possibilities may be extremely unlikely, and others may be difficult to discern on the surface, but a good contract will include terms that either prevent or minimize these harms. Certainly the stakes are higher in complex contracts involving millions of dollars, but even simple contracts where just a few hundred dollars pass hands can result in thousands (or even millions) of dollars of liability.

Recently, I met someone who made a minor revision to a standard residential lease agreement, failed to fully contemplate how that provision would play out, and ended up with thousands of dollars of liability. Sadly, the rent at issue under the lease was almost a non-issue compared to the overall liability.

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JOB APPLICATIONS: 3 THINGS EVERY EMPLOYER SHOULD KNOW

Published on: September 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Many of my clients who either already have an existing business or who are about to create one ask me questions about job applications for employees. Most people are familiar with job applications because most people have filled one out themselves in order to obtain a job from an employer. However, many people never consider what goes into a job application or what makes a job application good. If you are an employer, here are three things you should know about using a job application when hiring employees.

1. WHO SHOULD USE A JOB APPLICATION?

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3 Things to Know About the Federal Estate Tax

Published on: September 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I’ve been involved in a Estate Planning as an attorney now for over 17 years. Rarely does a week go by when I don’t have a client asked me about the estate tax. Most clients just want to know whether the estate tax is going to affect them. Estate tax is also a hot topic with clients during election years because they want to know whether there’s going to be a change that will affect them. Here are three things you need to know about the federal estate tax.

1. What is the Federal Estate Tax?

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WILL A JUDGE CONSIDER MY CHILD’S WISHES?

Published on: September 29, 2016 | by Racine Olson

By Nathan R. Palmer

Children who share time between two households often express their opinions and desires regarding which parent’s household would provide them with the best environment for growth and learning. A child’s expressions become more articulate as the child grows older and, at that point, a judge may consider the child’s wishes when making decisions regarding child custody. However, here are two (of the many) things judges generally take into consideration when deciding to include a child’s wishes in his/her analysis of the child’s best interest.

The age of the child. Generally, judges begin to consider a child’s wishes around the time the child turns 10-13 years of age. Each child matures at a different rate dues to life experiences and other environmental factors

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Steps an Employer Can Take to Comply With the Fair Credit Reporting Act

Published on: September 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In order to determine how an employer can comply with the Fair Credit Reporting Act, in creating an employment relationship with an employee, let’s consider the following common scenario. 　You are a manager at an employing company that has several job vacancies to fill. This company is also thinking about promoting some current employees to new or higher positions. The company has winnowed down the stack of applications and resumes and wants to run background checks on employee applicants through a third party company who is in the business of compiling background information. This will include obtaining a credit report for the prospective or current employees.

The steps that you and this employer company can now take to ensure that full compliance with the Fair Credit Reporting Act are as follows:

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The 3 Basic Documents for Every Landlord Tenant Relationship

Published on: September 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

There are essentially three basic documents that should be used by a landlord and a tenant in a rental arrangement. These include; (1) the rental application; (2) the lease agreement itself; and (3) a move-in/move-out checklist. By using these documents both a landlord and a tenant understand the terms and conditions of the rental arrangement and both are fairly protected.

1. THE RENTAL APPLICATION

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6 Things to Do Immediately Following a Car Accident

Published on: September 29, 2016 | by Racine Olson

By Rachel Miller

Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.

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3 Tips on Having the Estate Planning Talk with Your Children

Published on: September 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Every generation is different in how they communicate. This is the reason for the name “the silent generation”. It seems that Baby Boomers, and Generation X members, as well as later generations, are much more open and willing to discuss matters than older generations are. This has never been more true than when it comes to discussing your estate plan with your children. Keep in mind that there is no legal requirement that you share anything with your children about your Idaho Estate Plan. However, if you do plan on discussing it with your children, here are 3 tips on how you can discuss your Idaho Estate Plan with your children.

1. It is Your Idaho Estate Plan, Not an Agreement

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Federal Judges Address Overworked District Court, Bankruptcy Among Elderly, and Liberal Ninth Circuit

Published on: September 28, 2016 | by Racine Olson

In the 2016 Eastern Idaho Bench Bar Conference held in Fort Hall on September 23, 2016, three federal judges from Idaho addressed current concerns.

First, Chief U.S. District Judge B. Lynn Winmill explained that, based on the current caseload, Idaho needs another federal district judge. Currently, Judge Winmill is Idaho’s sole active federal district judge. Judge Edward J. Lodge, who is 82 years old and intended to reduce his caseload after he took senior status, has continued taking on a significant—but not full—caseload.

To help illustrate the need for a new district judge, Judge Winmill compared the District of Idaho to the Eastern District of Washington, which has essentially the same caseload but six active district judges. The District of Idaho, on the other hand, has approximately 1.7 active judges: he and Judge Lodge. The workload is exhausting.

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If a friend or family member crashes my car, am I liable for the damages?

Published on: September 28, 2016 | by Racine Olson

By Joseph G. Ballstaedt

Let’s suppose you own a truck, and let’s also suppose your neighbor Bill does not. One day, Bill knocks on your door and asks a favor. He just purchased a new couch, and he has no way of transporting it from the furniture store to his house. He asks if you’d be willing to lend him your truck. You’ve known Bill for years and that he’s a good driver, so you say yes. Bill takes your keys and is on his way, and before long, the bad news arrives. While driving to the furniture store, Bill ran a stop sign and broadsided another car. Under these circumstances, can you be held responsible for the damage and injuries Bill has caused?

Yes, under Idaho law, you can be held responsible for Bill’s negligence. Idaho statues explain that if you give another person express or implied permission to use your motor vehicle, and that person negligently crashes while using your vehicle, you are liable for any resulting death, injury, or property damage. However, your liability under these laws of “imputed negligence” is limited by statute to the greater of 1) $50,000 for bodily injuries or deaths to multiple persons (a $25,000 limit applies if only one person is injured or killed) and $15,000 for damage to property or 2) the limits of your liability insurance.

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