FINDING OUR WAY AND REDUCING STRESS

 Presented By: Justin Wayment

At the sake and risk of crossing the legal line with the medical profession, I have noticed that there is substantial stress being purveyed throughout our community. As the economy continues to bounce between legal bankruptcy, evictions, and selling everything we have to stay afloat, we are left with a feeling of little hope and a lot of despair. The economy is everywhere but for all intent and purposes, is nowhere. If I knew where the economy is going, I’d market it and sell it for millions, but as of right now, I am left wondering where we will be tomorrow. We can all sit around wondering what to do, or we can take action and try to control what we can.

Stress is not abnormal and is not always negative; it is a natural physical and psychological reaction to stimuli in our lives.  Some stress is absolutely necessary to living organisms, and individuals naturally react differently to stress.  Continued stress tends to magnify your reactivity to stress in the future.  Rather than raising our tolerance to stress, chronic stress can make people sensitized, or acutely sensitive, to stress.  Many times, we can recognize we are stressed simply by observing our over-reactions to mundane matters like running late for an appointment, missing a train, or literally spilling milk - but our brain and body act like our life is on the line.

In addition to exercising, getting enough sleep, eating right, meditation, spending quality time with family, one of the ways to help reduce stress is to become informed. Many times, the monster in the closet isn’t nearly as ugly or terrible as we imagine.  While our body often screams to run, avoidance leads to many problems and seldom solutions. Therefore, confronting legal issues quickly and timely often helps avoid costly litigation.  Here are some observations after 15 years of practicing law:

1.  If you owe or are owed funds, contacting the other party and trying to resolve the issue is often profitable, and when memorialized in a written document can be very beneficial during court proceedings.  

2.  If you cannot resolve the matter on your own, then contact an attorney for an initial consultation.  Make sure to ask if there is a discount rate for the initial consultation and ask the questions you need to know so that you can make an informed decision as to the cost, prospects of prevailing, and time to complete the matter. 

3.  During the consultation, find out what can and cannot be collected, realistically discuss where you are going and see if your expectations are realistic. 4.  Know the costs.  Many times, the costs are superimposed by the other party, the attorney and the complexity of the legal matter, but the lawyer can often give you an idea of how bad it is going to tax the piggy bank.

5.  Ask the lawyer for different alternatives.  Don’t settle for the first suggestion.

6.  Realize the litigation is often not the answer.  Various forms of alternative dispute resolution such as mediation or arbitration are cost effective and much quicker.

While there is not magic wand to make matters go away or be resolved, knowledge is a reliever of stress.  Remember, when we don’t know where we are going, then we will certainly not know how to get there.  

Justin Wayment is a local attorney practicing in Cedar City, Utah.  He serves as the city Attorney for Beaver, Parawon, Paragonah, Alton and the Iron County Water Conservatory District.  He can be reached at 435 586-3300 and his office is located at 51 E. 400 N. Building #1 Cedar City, UT 84720