257 East 200 South, Suite 1100
Salt Lake City, UT 84111
Heather was elected shareholder in 2011. Heather’s practice focuses primarily on real estate, professional liability/construction defect, and personal injury. She is a licensed real estate broker, a small claims judge and has been appointed by Mayor Ralph Becker to the Salt Lake City Historic Landmarks Commission and Land Use Board of Appeals. Heather is also an especially skilled and experienced trial attorney. She is co-chair of the firm’s Real Estate practice group.
AREAS OF PRACTICE Real Estate: Represents entities and individuals in matters involving real estate, including negotiation, evaluation, sale, purchase, use, and valuation. Representative matters include:
Jury verdict in 10 day wrongful death jury trial arising from alleged prescription overdose
Obtained summary judgment dismissing claims of breach of contract and unjust enrichment in real estate dispute
Obtained award of attorneys’ fees for client in real estate dispute
Obtained favorable ruling in a judge trial in real estate dispute and collected on judgment
Obtained court ruling in favor of client real estate brokerage in commission dispute
Obtained summary judgment for landowner in premises liability claim alleging significant injuries
Obtained favorable settlement for client against home inspector
Professional Liability / Medical Malpractice / Construction Defect: Represents health care providers, engineers, contractors, appraisers, home inspectors, real estate agents and other professionals, in malpractice and licensing/disciplinary matters. Representative matters include:
Won no cause for Advanced Practice Registered Nurse in two week wrongful death jury trial
Secured no meritorious rulings in favor of clients fromm Division of Occupational Licensing
Obtained partial summary judgment dismissing professional negligence claims against property inspector
Obtained voluntary dismissal of numerous malpractice claims against multinational non-profit health care organization
Obtained summary judgment for general contractor in Summit County construction defect case
Obtained voluntary dismissal of negligent credentialing and malpractice claims against surgical center
Personal Injury: Represents businesses and individuals in catastrophic personal injury trials. Representative matters include:
Judgment for half a million dollars awarded to client for attorneys fees and indemnification in cross-claim against trucking company
In recent jury trial in which the client admitted causing an accident, obtained verdict of less than one-half of the incurred medical bills for two of the plaintiffs, and a defense verdict against a third
Obtained favorable jury verdict in federal court for international non-profit in case where plaintiff alleged one million in damages
Obtained defense ruling in automobile accident statutory arbitration claim
PROFESSIONAL ASSOCIATIONS & ADMISSIONS
Chair of Utah State Bar Litigation Section 2015-2016
Vice Chair of Litigation Committee, American Bar Association YLD, 2014-2015
Executive Committee, Utah Defense Lawyers Association, 2013 - present
Executive Committee, Utah State Bar Litigation Section (Treasurer 2013-current; Secretary 2012-2013, Chair-Elect 2014-2015)
Judge Pro Tempore, Salt Lake City Justice Court, Small Claims Division, 2008 – present
Utah State Bar Examiner, 2005 – 2012
Admitted to practice in Utah state courts, the United States District Court for the District of Utah, and the 10th Circuit Court of Appeals ALFA Firm
University of Utah, S.J. Quinney College of Law, J.D.
Order of the Coif (top 5% of graduating class)
Utah Law Review 2002-2003
William H. Leary Scholar, 2001-2004
Judicial intern, Associate Chief Justice Matthew B. Durrant, Utah Supreme Court
Judicial intern, the Hon. Robert K. Hilder, Third Judicial District Court
University of Utah (B.S. 2001; Business Administration, cum laude)
President’s Award (outstanding scholastic achievement)
Attorney of the Year 2017, Construction Defect & Dispute Conference.
Bar President’s Award for outstanding service and distinction during 2016.
Litigation Section Distinguished Service Award, 2016.
Featured in Women in the Law 2016, Attorney at Law Magazine, Vol. 4 No. 1.
Featured in Law Day supplement commemorating Magna Carta, Utah Media Group, April 26, 2015.
Mountain States Super Lawyer in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018.
Recognized by Utah Business Magazine as 2018 Utah Legal Elite in Real Estate.
Admitted to practice in Utah, Federal District of Utah and the Tenth Circuit Court of Appeals.
SELECTED LECTURES AND PUBLICATIONS
Key Note Address - Utah Celebrates Pro Bono Kick Off at S.J. Quinney Colege of Law, October 2019
"Diversity and Inclusion in the Profession" CLE presentation by Heather L. Thuet at the Utah Law and Justice Center, April 2018
“The Gamble of Innovation: Does the Payoff Justify the Risk? Speed to Market Should Not Mean Reckless to Market: Avoiding the Legal Risks of Innovation,” ALFA International 2019 International Client Seminar, Ritz Carlton, Laguna Niguel, Dana Point, California, March 1, 2019.
“Free and Low Cost Resources in Utah,” Good4Utah, March 20, 2018.
“Licensed Lawyer,” co-sponsored by Affordable Attorneys for All Task Force and Litigation Section, Utah State Bar, March 14, 2018.
"Principled Negotiation - When to Hold 'Em and When to Fold 'Em" CLE presentation by Hether L.Thuet at the 4th Annual Intermountain Contruction Defect & Dispute Conference
"Tips and Tricks to Avoiding a Mediation Meltdown" CLE presentation by Heather L. Thuet at Utah Law and Justice Center, November 2017
“Diversity and Inclusion in the Profession,” New Lawyer Training Program Ethics, Utah State Bar, October 19, 2017.
“Enforceability of Pre-Injury Waivers/Release of Claims for Injury and Death,” ALFA International PLCT Compendium, August 2017.
"Programs added to Bar's New Lawyer Training Program" - Utah State Bar Journal pg. 10 - July/Aug 2017
“Successful Mediation,” Utah Council on Conflict Resolution, Utah State Bar, July 13, 2017.
“An Insider’s Guide to Judicial Selection, Retention, and Misconduct,” panel presenter with Chief Justice Matthew B. Durrant, Ron Gordon, Jennifer Yim, Brian S. King and Alex Peterson, Utah State Bar, March 30, 2017.
“Preventing the Mediation Meltdown: A Survival Guide to Preparing for Mediation,” Utah State Bar Summer Convention, Coronado, California, July 2016.
“Practical Effects of Rules of Civility,” United States District Court, June 22, 2016.
“Winning the Battle, Losing the War: Summary Judgment as a Tool in Construction Defect Claims,” 2nd Annual Intermountain Construction Defect & Dispute Conference, February 5, 2016.
“Avoiding Legal Malpractice Claims: Practical and Ethical Tips for Beginning and Ending Client Relationships,” United States District Court, December 8, 2015.
“Get Ready, Get Excited, It’s Coming Soon,” Message from the Chair, The Zealous Advocate, a newsletter of the Litigation Section, November 2015.
“Behind Closed Doors: An Insider’s View on the Rise of Mediation,” American Bar Association Annual Meeting, Chicago, July 2015.
“The Judicial Perspective on Litigation: What Works and What Does Not,” moderate panel of Utah judges consisting of Hon. Michele M. Christiansen (Utah Court of Appeals), Hon. Barry G. Lawrence (2nd Judicial District), and Hon. Thomas L. Kay (2nd Judicial District), 2015 Utah State Bar Summer Convention in Sun Valley Idaho.
“Ethical Issues of Beginning and Ending Client Relationships,” American Bar Association Midyear Meeting in Tampa Bay, Florida, May 14, 2015
“What goes on Behind Closed Doors in Mediation,” Utah State Bar Spring Convention, St. George, Utah, March 13, 2015
"Medical Aesthetic Malpractice: The Good, The Bad & The Ugly," American Association of Justice annual convention in Baltimore, Maryland, July 29, 2014.
"What Goes On Behind Closed Doors In Mediation," Utah State Bar Summer Convention in Snowmass, Colorado, July 17, 2014.
Presenter, "What Goes on Behind Closed Doors in Mediation," Utah Bar Summer Convocation, 2014
"Ethics and Professionalism," Utah Defense Lawyers Association annual meeting, May 2014. Moderated panel presentation consisting of Judge Todd M. Shaughnessy, Billy Walker, and Judge Robert K. Hilder.
"Jury Behavior," Utah State Bar Summer Convention in Snowmass, Colorado, July 18, 2014. Moderate distinguished panel consisting of Hon. Glen Dawson, Hon. Kate A. Toomey, Hon. David N. Mortensen and Hon. Clark A. McClellan.
Presenter, E-filing in State Court, Utah States Bar Modest Means kick-off, 2013
Presenter, "Medical Aesthetic Malpractice: The Good, the Bad, and the UGLY", American Association of Justice, Annual Meeting, 2014
Presenter, “Personal Injury Lawsuits with a Medicare Beneficiary,” Weber County Bar Association, 2011
Co-author, “Utah Law Update,” annual Christensen & Jensen publication summarizing Utah liability law
RULINGS AND OPINIONS
Zundel v. Magana, 2015 UT App 69, 347 P.3d 444
Murray Firm Prevails After Being Sued for Towing Vehicle of Attorney's Son - Full Article
Johnson v. Gold's Gym, 2009 UT App 76, 206 P.3d 302 (affirming summary judgment for landowner in premises liability claim)
Judge Pro Tempore (serving third term), Salt Lake Justice Court 2008-present
Commissioner, Salt Lake City Historic Landmark Commission 2012-2016
Salt Lake Land Use Appeals Board 2011-2012
Commission Salt Lake City Historic Landmarks 2012-current
Heather L. Thuet announces nine judicial recipients of the 2015 Judicial Excellence Award in Sun Valley, Idaho:
Presiding Judge Lyle R. Anderson (Seventh District)
Judge Glen R. Dawson (Second District)
Judge Royal I. Hansen (Third District)
Judge Thomas L. Kay (Second District)
Presiding Judge David N. Mortensen (Fourth District)
Judge Derek P. Pullan (Fourth District)
Judge Todd M. Shaughnessy (Third District)
Judge G. Michael Westfall (Fifth District) article here
Associate Presiding Judge Thomas L. Willmore (First District)
Salt Lake City Office 801-323-5000
257 East 200 South, Suite 1100 Salt Lake City, Utah 84111