The law firm of Winder & Counsel was formed in 1983. The firm is composed of experienced and dynamic attorneys representing numerous and varied individual and business clients. They collaborate with their clients to offer seamless, comprehensive, and cost effective representation enhanced by entrepreneurial type creativity. Their mission is to perform the difficult immediately; the impossible takes a little longer. In providing real service, they always try to add something that cannot be bought or measured with money: sincerity and integrity.
The firm has participated in cases resulting in substantial recoveries (two exceeding ten figures and another exceeding nine figures) and involving complex litigation, including: representation of the Utah Department of Environmental Quality in Petroleum Storage Tank litigation against major oil companies, construction deficiencies, failed thrift and loan and title insurance companies, antitrust and trademark claims, wrongful death and significant injury cases, medical malpractice, employment law, and class action suits (including the September 11th Class Action (www.september11classaction.com), the first suit filed by our military personnel under Anti-Terrorism statutes; and the Castano Class Action Tobacco Litigation.
The firm has also handled commercial and real estate transactions involving eight figure investments, including: the purchase of an NBA franchise (the Utah Jazz); construction of the Delta Center (now known as the Energy Solutions Arena); an entertainment, restaurant and office mega-complex (Jordan Commons); a joint venture for a 20,000 seat amphitheater (USANA Amphitheater); and the purchase and sale of numerous companies (including automobile dealerships, auto rental franchises and technology companies. Additionally, the firm has served as General Counsel for the Park City (Utah) Board of Realtors. In addition to the firm’s commitment to high standards of professional competence and integrity, the firm maintains a strong tradition of service to the public and the Utah State Bar.
Areas of Practice
The firm practices law in the following areas: business, labor and employment, employee benefits, corporations, nonprofit and charitable organizations, partnerships, commercial, contracts, insurance, real estate, title insurance, commercial real estate, condemnation, mortgages, environmental, construction, transportation, education, health care, religious institutions, intellectual property, trademarks, copyrights and sports. They try cases before all Utah state and federal courts in a variety of litigation matters, including: appellate practice, business litigation, disability insurance, insurance defense and commercial insurance defense, commercial litigation, civil litigation, class actions, mass torts, personal injury, auto and motor vehicle accidents and injuries, wrongful death, workers compensation, social security, disability benefits, products liability, medical malpractice, civil rights, criminal law, family law and divorce, dispute resolution, bankruptcy, labor and employment litigation, ERISA litigation, real estate title insurance, real estate litigation, trademarks, copyrights, and intellectual property litigation.
Memberships and Affiliations
Donald J. Winder has been listed for more than 10 consecutive years in Best Lawyers in America, as published by U.S. News & World Report (www.bestlawyers.com). Only 1% of all attorneys in Utah have been so honored. Mr. Winder has also been a member of the American Board of Trial Advocates (www.abota.org) since 1995 and is one of only three attorneys in Utah to be Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy (www.nbtanet.org). Further, Donald J. Winder is a Fellow in Litigation Counsel of America, a trial honorary society limited to less than one-half of one percent of all attorneys (www.litcounsel.org). Mr. Winder has also been selected for inclusion in the 3000 Leading Plaintiffs’ Lawyers in America (www.lawdragon.com) and for inclusion in Top Lawyers for Commercial Litigation as published in the Annual Guide to Commercial Litigation (Fall 2011) by the American Lawyer/Corporate Counsel.
He has been interviewed on Fox National News (live on several occasions), CNN and CNN International, Global TV, Canadian Broadcasting Corporation, and numerous times on and by Salt Lake City’s local television and radio stations, and local, national, and international newspapers. Donald J. Winder (Business Litigation) has been selected since 2007 for inclusion in Mountain States Super Lawyers (www.superlawyers.com). Fewer than 5% of all attorneys in the Intermountain West (covering Utah, Nevada, Idaho, Montana, and Wyoming) are selected annually for this distinction. Further, Mr. Winder was selected as one of the Top Seventy-Five Mountain States Super Lawyers for 2007-08, and Top 100 Mountain States Super Lawyers for 2012 and 2013 (less than one-half of one percent of Mountain States lawyers are so honored). Donald J. Winder (Business Litigation) and John W. Holt (Business Litigation) have additionally been selected many times for inclusion in the Utah Legal Elite, as published by Utah Business Magazine. Mr. Holt (Business Litigation) has also been listed in The Insurance Bar (2005-06), a selected directory of preeminent lawyers (www.barlist.com). Donald J. Winder also maintains a perfect “10.0” rating on AVVO.com’s attorney directory, which uses a multiple-factor rating system relying in part upon public information, years of experience, and legal expertise. For over 20 years, this firm has maintained the highest peer review rating given by Martindale-Hubbell (“AV”) (www.martindale.com). This firm has also been approved by Best’s Directory of Recommended Insurance Attorneys (www.ambest.com), is a member of the International Network of Boutique Law Firms (www.INBLF.com), is a member of the International Society of Primerus Law Firms (www.primerus.com), and is listed in the Bar Register of Preeminent Lawyers. Less than 5% of all U.S. law firms qualify and are included in the Bar Register. In 2013, the firm was awarded “Commercial Law Firm of the Year in Utah” by Corporate INTL (www.corp-intl.com).
Among other areas, the firm focuses on cases in which medical knowledge is as important as legal knowledge. So, unlike other firms, their team includes an of counsel attorney who is also a clinically experienced doctor (a former head of a hospital emergency room). He often works closely with their clients and other attorneys, from the initial interview through settlement or trial, overseeing medical issues, advising on strategy, and recruiting top-notch medical experts critical to an excellent outcome. Their team, by combining law and medicine, is uniquely qualified to represent you or your company.