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January-1991-Vol4-No1.Pdf UT AH BAR JOURNAL Published by The Utah State Bar Vol. 4, NO.1 January 1991 645 South 200 East Salt Lake City, Utah 84 i 11 Telephone (801) 531-9077 President Hon. Pamela T. Greenwood President-Elect President's Message James Z. Davis By Hon. Pamela T. Greenwood 4 Board of Bar Commissioners H. James Clegg Commissioner's Report Randy L. Dryer J. Michael Hansen By Dennis V. Haslam 5 Dennis V. Haslam Jackson B. Howard Gayle F. McKeachnie An Introduction to the Law of Utah Water Rights James E. Morton J ody L. Wiliams 7 Paul T. Moxley Jeff R. Thome Ex-Offcio Members Update on Utah Case Law Relating to Water Rights Hans Q. Chamberlain H. Reese Hansen By Michael M. Quealy 12 Norman S. Johnson Reed L. Martineau Lee Teitelbaum State Bar News 17 Young Lawyers Section President Rièhard A. Van Wagoner Case Summaries 21 Bar Journal Committee Legislative Report and Editorial Board 23 Editor Calvin E. Thorpe The Barrister 25 Associate Editors Randall L. Romrell William D. Holyoak Utah Bar Foundation 27 Articles Editors Leland S. McCullough Jr. CLE Calendar 28 Glen W. Roberts Letters Editor Classified Ads 30 Victoria Kidman Views from the Bench Judge Michael L. Hutchings Legislative Report Editor John T. Nielsen COVER: Five skiers enjoying the steep and deep on Flagstaff Mountain, which will open this year at Case Summaries Editor DEER V ALLEY RESORT. Our thanks to Robel1 B. Lence, a partner with the firm of Van Colt Bagley Clark R. Nielsen Cornwall & McCarthy, for obtaining this photograph, compliments of Deer Valley Resort. The Barrister Editors Patrick Hendrickson Members of the Utah Bar who are interested in having their color slides or oiher art form published on the Lisa Watts cover of the Utah Bar .1oul'al should contact Randall L. Romrell, Associate General Counsel, Huntsman Chemical Corporation, 2000 Eagle Gate Tower, Salt Lake City, UT 84111, 532-5200. The Final Say M. Karlynn Hinman . The Utah Bar Journal is published monthly, except July and August, by the Utah State Bar. One copy of Carol Barlow Lear each issue is furnished to members as part of their State Bar dues. Subscription price to others, $25; single Reid E. Lewis copies, $2.50; second-class postage paid at Salt Lake City, Utah. For information on advertising rates and Margaret R. Nelson space reservation, call or write Utah State Bar offices. J. Craig Smith Denver C. Snuffer Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and E. Kent Sundberg Karen Thompson publication of advertisements is not to be considered an endorsement of the product or service advertised. Hon. Horner F. Wilkinson Copyright (Q 199 i by the Utah State Bar. All rights reserved. December 1990 . mm By Hon. Pamela T. Greenwood ents exists amidst competing duties. We that she misunderstands the time limit for Recenta ABAgrowing surveys dissatisfaction have indicated with life are called upon as lawyers to shoulder re- filing her counter-affidavit and objection as a lawyer. Competition for clients and a sponsibilities not only to our clients but to your motion for summary judgment. If ,depressed economy have produced even also to the courts, to justice, to the pursuit you let it go, the motion will be granted , greater emphasis on the number of billable of truth and to our adversaries. Most trou- and subsequent relief for her is unlikely. If hours and lessened both job security and blesome is the fact that the adversary sys- you alert her, you lose the edge and know Job satisfaction. Concomitantly, there is a tem's word-warrior duty is in direct con- that material facts wil probably remain in perception that professional standards of flct with the highest personal ethical stan- dispute. What do you do? Do you win at courtroom conduct and lawyer-to-lawyer dard set by western moral traditions, the all costs? Do you stand by, on behalf of t, courtesy are declining. Weaifhave anob-. positive Golden Rule. .it calls on us to your client, and let another lawyer fail? Or ligation to continue the struggle for high positively reach out to treat our neighbors do you make a moral judgment drawn ethical conduct and professional standards, as we would like to be treated. This call upon your own concept of right and wrong to shape the legal profession of the future. can never be completely harmonized with and help that lawyer out, so that she wil This struggle takes place among many the duty imposed by the adversary system be around to do battle with you for another conflcting pressures. John Bingler, presi- to wage word-war to win. Ethical, profes- day? dent of the Pittsburgh Bar Association, de- sional lawyers must live every day with Reactions to the hypothetical ranged scribed this conflct as follows: conflicting Rambo and Good Samaritan from a simple "yes" to absolute "no's." .I "Our system is designed as an adversary impulses." What do you think? Does it make a differ- ; system. Thus, just from the. system's de- To highlight this balancing act, the fol- ence that the lawyer is one you know 'sign, we have a duty to be effective word- lowing hypothetical was posed in connec- "only in passing?" What is the impact on warriors for our clients. But, our words are tion with a professionalism seminar: women lawyers who tend to be newer fashioned from the shifting sands of hu- You are engaged in litigation represent- members of the Bar and, therefore, less man language. This factor alone makes ing a longtime client, who is being sued by well known? I would be interested in hear- easy ethical and professional decisions im- a lawyer you know only in passing. In dis- ing your comments. possible. Beyond this, our duty to our cli- cussions with the other lawyer, you realize 4 Vol. 4 NO.1 By Dennis V. Haslam . The II members of the Character and their problems with representatives of Folks isseem going to on ask at theme Bar?"lately, Or, "What Fitness Committee meet several times the Bar Association. Some complaints has the Bar done for me lately?" Well, at per year to review each student and at- have merit. Some don't. the risk of leaving somebody out and some torney application file (remember filing . The Client Security Fund Committee things unsaid, here's a little bit of what is those out?). When character or fitness has iO members. It meets several times' going on: questions are raised, . the Committee a year to review the complaints of cli~ . At last count, there were 5,286 members hòlds additional informal hearings to ents who have lost money as a result of of the Utah State Bar Association; about further investigate the applicants. a lawyer's misconduct. It recommends 4,127 are residents and 1,159 are non- . The Bar Examiner Review and Bar Ex- to the Board of Commissioners pay- residents; about 4,200 are active and aminer committees have approximately ments to the injured parties. 1,086 are inactive. 65 members. They draft (and redraft) the There is approximately $100,000 in this . l7 lawyers sit on the Board of Bar Com- 36 essay questions presented each year fund. missioners, 11 of whom are elected by to 325 applicants. They grade 11,700 . The Lawyer Referral Service Advisory the membership. The ex-officio mem- (36 x 325) answers. They don't get paid Committee has 10 members. The ser- bers include the Bar's past president, the for it. vice receives and processes approxi- deans from the University of Utah and . The Fee Arbitration Dispute Committee mately 15,000 inquiries per year. BYU law schools, our two ABA dele- has 24 members. A panel comprised of a . The Law Related Education and Law gates and the president of the Young lawyer, a judge and a non-lawyer meets Day Committee has 30 members. It dis~ Lawyers Section. The Board meets at monthly to review pending fee disputes. semi nates information about the law and least one full day per month to review . The Office of Bar Counsel (three law- lawyers. It facilitates high school mock and coordinate Bar affairs and activities. yers and staff) investigates and pro- trial competitions around the state and Commissioners act as liaison to commit- cesses 600 complaint files annually. involves scores of lawyers as judges and tees and work closely with them. Com- How many cases do you handle? advisors. missioners also sit on hearing panels to . The Ethics and Discipline Committee . The Young Lawyers Section has more review admissions, discipline and other has 21 members, four of whom are not subcommittees than can be counted, but matters. Additionally, Commissioners lawyers. Screening panels meet once include the Bill of Rights Commemora- are assigned specific responsibility for monthly to review complaints against tion Committee, the Community Ser- subcommittees to address and report lawyers for violations of the Code of vices Committee, the Law Day Commit- upon important issues facing the Board Professional Responsibility. The com- tee, the Law Related Education Com- and the Bar's membership. mittee members review the complaints mittee, the Legal Briefs Committee, the . The Utah Law and Justice Center cur- against the lawyers (often comprised of Needs of the Children Committee, the rently has four full-time tenants in addi- scores, if not hundreds, of pages sup- Needs of the Elderly Committee and the tion to the Bar Association. It has both porting and responding to the com- Pro Bono Committee. This group is large and small meeting rooms. The Bar plaint).
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