Legal advice available to students

Published in the Utah Statesman January 12, 2009

People often hear about lawsuits against huge companies for millions of dollars. But Bruce Ward, an attorney hired by ASUSU to help students with legal problems, said anyone can sue about almost anything. However, he was quick to add that not everyone can win a lawsuit.

Ward acts as a legal adviser for students, and although he doesn’t act as the attorney for students, he helps direct them to where they can find help.

“I don’t solve problems as much as I find solutions for problems,” he said.

Ward said his services are available to all USU students, and he helps with anything from divorce to landlord/tenant questions to various legal paperwork issues.

In order for someone to sue another person Ward said they must:
1 – Have a cause of action, or a basis to file a lawsuit. This gets the lawsuit started. Ward said this may be a breach of contract, assault/battery incident.
2 –Go to court – most often in small claims court. In Logan that would be Logan Municipal Court, which he said is self explanatory and easy. Ward said small claims court are designed to be used without an attorney.
3 – Set a court date, show up with witnesses and evidence to prove cause of action previously established.
4 – If the cause of action is proven, then judgment is enforced and bills are paid, reconciliation is made. Ward emphasized this was a very oversimplified explanation; there are often complications at court that make this not as easy as a four-step process.

Ward said one of the main problems he talks to students for is landlord/tenant problems.

“Smart students will take photos of all the rooms in their apartment to have a record of what it looks like when they move,” Ward said. “They should send a copy to their landlord about the damages already there.”

Ward said by taking before and after photos, students won’t be liable for damages landlords may accuse them of making in their apartments. By taking these precautionary steps they will be able to prevent a lot of trouble.

“Most students move in, get busy, go to Dominoes, go to a movie, hang out with friends and don’t take the hour at the beginning and hour at the end to take photos,” Ward said.

Ward said although he still sees students about landlord/tenant problems they have decreased significantly over the years. When he first began, he said as much as 75 percent of the cases he advised were about concerns with apartments and contracts. He said because there were more students than apartments, students had to deal with bad landlords.

“There were more students than there were apartments,” he said. “(Today) students have a lot more options to choose from ... they used to have to put up with a lot more.”

Ward said courts are trying to become easier for the average person to understand and navigate.

“(The courts) try to keep things user friendly,” he said.

Ward encouraged students to use him as a resource. He said the services he offers are greatly underused. Students can call his office to set up appointments for Thursdays between 5 and 9 p.m. and are always welcome to call and see if they can solve the issue over the phone.

–karlie.brand@aggiemail.usu.edu