W. Earl Webster

Sandy, Utah ***** • Linkedin Profile

ad25a3@r.postjobfree.com • 801-***-****

Very Experienced Administrative Law Attorney

Subject matter expert in administrative procedures, regulatory compliance, and employment/labor law.

Self-directed, dedicated attorney with more than 20 years’ experience and multiple advanced degrees. Proven success navigating vast array of complex legal issues, leading litigation teams, and assessing and balancing risk versus reward. Deep expertise in financial structure and regulatory law contribute to business acumen. Known for deriving creative case strategies and writing persuasive briefs to support legal strategy. Trusted collaborator with strong leadership, administrative, and communication competencies and ability to proceed amid ambiguity. Proficiency with Westlaw, Lexis/Nexis, and MS-Office.

Areas of Expertise

Administrative Proceedings

Regulatory Interpretation

Labor & Employment Law

Environmental Law

Title VII & Utah Antidiscrimination Act

State and Local Government

Professional Experience

Law Office of W. Earl Webster – Sandy, Utah

Founder & Managing Member (2020 to present)

Small, single practitioner firm focused on providing services to low- and middle-income consumers in the areas of:

Bankruptcy - particularly Chapter 7 dissolution

Probate Litigation - assisted Personal Representatives efficiently administer estates; also litigated claims of heirs for breach of fiduciary duty by the Personal Representative

Estate Planning – worked with clients to develop estate protection plans ranging from simple wills to complex trusts for protection of assets with retaining access to Medicare and/or Veterans Administration benefits

Administrative Law Judge: contract administrative law judge for Department of Environmental Quality; responsible for all aspects of hearings relating to appeals of agency actions.

Assisted Living Locators – Wasatch

President (2020 to 2021)

Performed all marketing, sales, accounting, and management tasks for start-up assisted living placement company. Business failed due to an inability to obtain funding.

Harward & Associates – Taylorsville, Utah

Senior Associate Attorney & Controller (2010 to 2019)

Oversaw litigation with a focus on employment discrimination, regulatory compliance, bankruptcy, contract enforcement, and probate litigation.

Developed case management system to ensure cases were handled in timely and efficient manner.

Litigated numerous employment discrimination cases through UALD and/or EEOC and federal court if the matter was not resolved at the administrative level.

Served as firm’s financial controller by presiding over accounting, budgeting, forecasting, auditing, and overall financial management.

Acted as contract general counsel for multimillion-dollar professional employer organization, plaintiff’s counsel, or defendant’s counsel in over 100 civil cases, including two appeals to Utah Supreme Court.

Received full dismissal of all claims against client from Utah Labor Commission by defending ADA discrimination case and successfully defended dismissal against two appeals to federal district court.

Served six years as administrative law judge for Salt Lake County Planning and Zoning and, later, Metropolitan Services District

Advantia Law Group – Sandy, Utah

Senior Associate (2008 to 2010)

Managed cases and litigation and resolved legal disputes on behalf of clients by developing agreements, negotiating contacts, settling claims and advocating for clients in court. Directed preparation of legal research, writing, letters of intent, contracts, agreements, pleadings, and motions. Developed rapport and regularly communicated with clients on status and successes.

Utah Office of the Attorney General – Salt Lake City, Utah

Law Clerk (2007 to 2008)

Prepared courtroom proceedings by performing research, managing evidentiary exhibits, and advising legal team prior to hearings or motions. Counselled multiple agencies on state and federal regulations. Advised Utah Labor Commission Industrial Accidents Division on OSHA and workers’ compensation. Became subject matter expert on a range of legal issues inclusive of honeybee farming, Breathalyzer calibration, Individual Indian Income Accounts, and OSHA.

Utah Division of Occupational & Professional Licensing – Salt Lake City, Utah

Residence Lien Recovery Fund Program Manager (1999 to 2005)

Overhauled Fund’s operating procedures, participated in several legislative committee projects, and oversaw first supplemental assessment. Protected fund during five attempts to repeal it. Testified on Fund’s behalf before the Joint Business and Labor Committee and on three bills in individual sessions. Participated on four interim study committees and drafted series of Fund amendments. Managed all aspects of budget for Recovery Fund. Led and mentored small, productive team by managing work flow, providing instructive evaluations, and development.

Enforced statutory and regulatory requirements of Residence Lien Recovery Fund by (1) updated and modernizing administrative rules to make compliance more self-explanatory, (2) streamlining claim review system to minimize delays in obtaining compliance, (3) proposing new penalties for failure to comply that were adopted by the legislature, and (4) instituting a state-wide education program to explain the Fund's requirements and benefits to members of the construction industry and of the public.

Responsible for creating/managing all aspects of budget for Recovery Fund

Redesigned claim processing system, reducing claim process time from 10 days to 4 hours per claim

Architected and programmed MS-Access database to implement redesigned claim processing system

Managed 1 to 3 employees including employee evaluations, work assignments, training, and corrective and disciplinary actions

Developed expertise with Utah Administrative Procedures Act and various administrative rules while acting as hearing officer for all claims before the Fund

Participated in annual legislative study committees aimed at fine tuning or repealing Lien Recovery Fund Act

Regularly revised, published, and held public hearing regarding administrative as needed to accord rules to any amendments to the Lien Recovery Act by the Legislature

Designed and implemented first effective program for educating construction industry participants and general public on the benefits and proper use of the Fund

Division of Occupational and Professional Licensing – Salt Lake City, Utah

Construction Trades Auditor (1998 to 1999)

Conducted financial and performance audits to verify licensees were compliant with state laws and administrative rules for construction trades.

Ensured compliance with applicable statutes and rules regarding minimum financial stability and proper internal control procedures by examining records, reports, operating practices, inspections, and documentation.

Verified assets and liabilities by comparing accounting records of construction trades licensees against various third-party information sources (e.g. bankruptcy records, vehicle registrations, bank statements, etc.).

Utah State Tax Commission – Salt Lake City, Utah

Individual Income Tax Auditor (1995 to 1998)

Demonstrated strong customer service orientation by winning six awards and being recognized as the top performing auditor for two year

Enforced individual income tax and fiduciary tax laws by auditing returns to locate errors and omissions.

Designed three-dimensional spreadsheet workbook to combine audit calculations into a single dynamic tool, reduced direct labor time per audit by 25%

Developed new fiduciary audit program by adapting income tax audit procedures

Murray High School – Murray, Utah

Speech and Debate Coach (1997 to 2001)

Taught high school students argument analysis, various forms of public speaking, and intellectual agility.

Developed new means of teaching high school debate to keep pace with changing concepts and methods.

Led team to three state championships and one second place finish in four years.

Education

Juris Doctor

S.J. Quinney College of Law University of Utah – Salt Lake City, Utah

Order of the Coif (top 10% of graduating class)

Articles Editor for the Journal of Land, Resources, & Environmental Law

Master of Accountancy, Financial Accounting and Auditing

Marriott School of Management at Brigham Young University – Provo Utah

Karl G. Maeser Scholar

National Honor Society Delegate

Bachelor of Science, Accounting and Business Management, Magna Cum Laude

Brigham Young University – Provo Utah

Certifications and Licenses

Certified Public Accountant – Utah License No. 308-***-****, 1996

Attorney-at-Law – Utah Bar Association License No. 12274, 2008

Certified Land Use and Environmental Law Attorney – Wallace Stegner Center, 2008

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