Douglas J. Shumway

Douglas J. Shumway

Shumway Van & Hansen
  • Business Law, Real Estate Law, Securities Law
  • Texas, Utah
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Summary

Mr. Shumway's practice is primarily focused on business, securities and real estate law with an emphasis on finance. Mr. Shumway is also a managing partner at the law firm of Shumway Van. His experience in business operations helps him to achieve highly optimal results for his clients, all of which are business owners.

Practice Areas
  • Business Law
  • Real Estate Law
  • Securities Law
Additional Practice Area
  • General Civil
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Texas
Utah
Languages
  • English: Spoken, Written
Professional Experience
Partner
Shumway Van & Hansen
- Current
In addition to his demanding legal practice, Mr. Shumway is the managing partner for the Utah and San Antonio offices of Shumway Van & Hansen.
Education
UNLV William S. Boyd School of Law
J.D. / Law
-
Southern Utah University
B.S. / Communications
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College of Eastern Utah
A.S. / General Sciences
-
Professional Associations
Salt Lake City Bar Association
Member
- Current
Utah State Bar
Member
- Current
Legal Answers
39 Questions Answered

Q. What is the cost of trademarking my logo?
A: The price of a trademark varies from law firm to law firm so you should call around to a few intellectual property law firms to see what they are charging. My law firm charges a minimum of $250.00. Many times a trademark does not have the scope that the client believes it should have so make sure any attorney you speak with talks about what you are and are not getting when you register the mark. This answer is not meant to be legal advice. Please contact an attorney in your area for specific legal advice about your situation. Douglas J. Shumway is licensed to practice law in Texas and Utah.
Q. Is it illegal in the state of Utah for one motel to call another to drum up business?
A: Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the attorney's fees would probably be outrageous so the motel losing business would probably never really pursue the claims. If you own or work at the motel that is losing business because of the actions of another motel then I would recommend that you take whatever evidence you have and meet with a local attorney. You would want to look for a business litigation attorney rather than a transactional attorney though. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed to practice law in Utah and Texas. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. The buyers backed out of purchasing my home 2 days before the closing date. Do i have to give their earnest money back?
A: Whether or not you need to give the earnest money back would be wholly dependent on the terms of the REPC. Most purchase contracts would allow the seller to keep the earnest money if the buyer backed out two days before the closing was supposed to occur, but you would want a real estate lawyer to look at that before taking too aggressive a position on the issue. Most real estate lawyers will do a free consultation so don't hesitate to call around a bit to find one that fits your situation and who is willing to sit down for a bit to talk about it. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed to practice law in Utah and Texas. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. I purchase a land from a seller when the land closed did't have a road now is a corner lot. Is this an easement?
A: There are a number of ways that an easement can be created but many times the exact rights associated with a non-contractually created easement are hard to nail down. You would be well served to hire a local real estate lawyer to go over the specifics of your situation. Any real estate lawyer will want to look at surveys, review the purchase contract, check out the land records, etc., in order to properly advise you so if you have those things you will want to take them with you to the consultation. Lee Stevenson, a real estate lawyer in my law firm's San Antonio office can help you if you are near there. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas
Q. How do I take back possession of my property when I do not know where it is?
A: It seems like you have been caught in a scheme of some sort. If you were never paid then most likely you won't have any liability to the purchaser. If your friends took the money and never delivered it to you then you might have liability if the generator is then taken from the purchaser because it was stolen. Your scenario is actually pretty complicated so it is too bad that the value you are talking about is so low that it would probably not be worth hiring a lawyer to help you out. You can always take anyone involved to small claims court and if you hire a lawyer to represent you then he or she might be awarded attorney fees so that would help your situation out a bit. It is too bad this happened to you though. In the future you will want to use contracts and get quite a bit of information up front before letting your property go anywhere. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. I have a house under my name and my ex's name if I was to move back in can she take home away? My name is on top.
A: The answer to your question is a lot more complicated than you might assume. The type of ownership is important, any agreements associated with ownership might have an impact, and the potential liability associated with re-taking the property should be analyzed. You probably want to schedule a free consultation with a local attorney. Most law firms will provide you with a free consultation and you will be able to get a better feel for your situation by taking advantage of that opportunity. Even if you can't move back in, your lawyer can advise you about the various other options you have to assert your rights to the property. Most of the time the legal battles fought over these things are not worth the money it takes to win so you might want to attempt mediation and get an agreement regarding ownership before you start up any sort of legal battle. Unless the home is worth a significant amount of money only the lawyers will win in a legal battle over it. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. Is an agreement made during sex legally binding
A: This is truly a fascinating question and one that many law students would spend hours and hours pondering and researching. I think that the method by which the agreement was memorialized is important, witnesses, if any, are always helpful, and the state of mind of the parties and their intent to contract might be persuasive. Generally though, a contract that is properly formed is binding no matter the circumstances surrounding its formation. In any case, if you are very concerned about the enforceability of the agreement you should find a local attorney to discuss it with. There may be local case law that helps or hinders the situation. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. Is there something that can be done if a contracter does not complet the the work by the date they put on the contract?
A: Every party to a contract has an obligation to abide by the contract and if they fail to do so then there are damages that can be sued for or other remedies that may exist. Many contracts with contractors provide the contractor with significant opportunity to remedy the situation before a monetary penalty is incurred. I would recommend that you find a local attorney or law firm that can look at the contract for you and provide an opinion about the options you can choose from moving forward. Most lawyers will offer a free consultation and a law firm with real estate experience will have lawyers that can read through the contract in a few minutes and help you out. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
Q. Can you sue company not informing patrons that their side parking lots were having daily auto breaks and theft?
A: Generally, you can sue anyone for just about anything; however, oftentimes the cost of the lawsuit is prohibitive. In this scenario evidence would be difficult to obtain unless everyone was filing a police report, and your lawyer would have to do a full negligence analysis to see if there is any liability whatsoever. I don't know if you could win on the duty argument and who knows what the owners knew or should have known, but this is a hard case for sure. I don't think that a lawyer would take the case on a contingency basis and certainly legal fees would be well in excess of the value of any damage or items stolen, unfortunately. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
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Contact & Map
Salt Lake City Office
8 E 300 S #550
Salt Lake City, UT 84111
USA
Telephone: (801) 478-8080
Fax: (801) 478-8088