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Russell S. Mitchell


Phone: 435-628-1627
VCard

PRACTICE FOCUS:

Business Law

Estate Planning

Litigation

Real Estate Law

EXPERTISE:

Life, legacy and estate planning including trusts, wills, power of attorney, and medical directives.

Administering estate plans,  as well as contested and uncontested probate, conservatorship, and guardianship proceedings

Form corporations, limited liability companies, partnerships, and joint ventures, together with preparing documents needed for successful and continued business operations.

Integration of business goals with personal estate planning.

Real estate purchase and sale agreements, including drafting construction contracts, lien releases, sub-contractor agreements, easements, assignments, right-of-ways and other related and necessary documents as needed for each transaction.

Draft and enforce commercial leases, including shopping centers, other retail sales, general office space, and other small business uses.

Counsels clients regarding investment in land or business ventures, or about entering contracts with various professionals.

Litigation, mediation and arbitration, in areas including: leases and evictions; construction contracts and mechanic liens; real estate purchase agreements; business asset purchase agreements; corporate contracts; partnership disputes; real property title and boundary disputes; and non-compete agreements.

CAREER:

Vice President, Advanced Clinical Microbiology and Research, Inc. (1989-1994)

Microbiologist, Advanced Clinical Microbiology and Research, Inc. (1985-1989)

EDUCATION:

University of Utah, S. J. Quinney College of Law, Salt Lake City, Utah, J.D., William H. Leary Scholar, 1994

University of Utah, B.S., Medical Technology, 1985

Dixie State University, St. George, Utah, A.S., 1982

PROFESSIONAL ASSOCIATIONS:

President, Southern Utah Bar Association (2016)

Board of Directors, Southern Utah Bar Association (2014-present)

Member, Southern Utah Estate Planning Council (2015-present)

COMMUNITY:

Member, Professional Advisory Council to The Foundation of Dixie Regional Medical Center (2014-present)

President, Kiwanis Club of St. George (2000-01; 2009-2010; 2014-present)

Board of Directors, Kiwanis Club of St. George (1997-2000; 2004-2009; current)

Chairman, Community Action Committee, St. George Area Chamber of Commerce (2002-2003)

Board of Trustees, Southern Utah Chapter of the University of Utah Alumni Association (2006-2011)

Eagle Scout, Boy Scouts of America

Woods Cross City Council (1989-1993)

PUBLICATIONS:

Russell S. Mitchell, The Requirement for Good Faith and Fair Dealing in Utah Commercial Contracts, The Utah Banker, March/April 2010, at 14

Werner Huck, Barbra D. Reed, Thomas French, and Russell S. Mitchell, Comparison of the Directigen 1-2-3 Group A Strep Test with Culture for Detection of Group A Beta-Hemolytic Streptococci, Journal of Clinical Microbiology, Aug. 1989, 1715

PERSONAL:

Born, St. George, Utah 1960

REPRESENTATIVE CASEWORK:

Appellate Court Decisions:

Red Cliffs Corner LLC v. J.J. Hunan Inc., 2009 UT App 204, 219 P.3d 619

Markham v. Bradley, 2007 UT App 379, 173 P.3d 865

Zion Factory Stores Holding v. Lawrence, 2005 UT App 361, 121 P.3d 53, cert. denied 125 P.3d 102

Traveller Investments, LLC v. Questar Gas Co., 2005 UT App 270