:; I ~ 1 II ,i UTAH BAR JOURNAL m Vol. 9 NO.3 March 1996 a
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Response to "State vs. Teuscher, the i 'Exception' Swallows the Rule" 8 \1 A Modest Proposal Concerning "Esquire" 10 'I E-Mail for the Office and the World 12 27 The State of the Judiciary !I
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VISION OF THE BAR: To lead society in the creation of a justice system President Dennis V. Haslam that is understood, valued, respected and accessible to alL. President-Elect MISSION OF THE BAR: To represent lawyers in the State of Utah and Steven M. Kaufman to serve the public and the legal profession by promoting justice, profes-
Executive Director sional excellence, civility, ethics, respect for and understanding of, the law. John C. Baldwin Bar Journal Committee Letters to the Editor...... 4 and Editorial Board Editor President's Message ...... 5 Calvin E. Thorpe by Dennis V. Haslam
Associate Editors M. Karlynn Hinman Commissioner's Report...... 7 Wiliam D. Holyoak Randall L. Romrell by Debra J. Moore Articles Editors Response to "State vs. Teuscher, the 'Exception' Christopher Burke Lee S. McCullough Swallows the Rule" ...... 8 by Robert N. Parrish Letters Editor Victoria Kidman A Modest Proposal Concerning "Esquire" ...... 10 Views from the Bench Editors Judge Michael L. Hutchings by Rick L. Knuth Judge Stephen VanDyke Legislative Report Editor Law and Technology ...... 12 Lisa Watts Baskin by David Nuffer Case Summaries Editors Scott. A. Hagen State Bar News ...... i 7 Clark R. Nielsen
Book Review Editor The Barrister...... 25 Betsy L. Ross "How to . . ." Editors Views from the Bench...... 27 Brad Betebenner by Chief Justice Michael D. Zimmerman David Hartvigsen Patrick Hendrickson Book Review...... 3 i Judicial Profies Editors Mamie Funk Derek Pullan Utah Bar Foundation ...... 33 Stephen K. Christiansen ADREditor CLE Calendar...... 34 Cherie P. Shanteau Law and Technology Editor Classified Ads ...... 35 R. Bruce Findlay Young Lawyer Representatives COVER: Spring Snowstorm at Devils Slide near Morgan, Utah, by Steven L. Staker, Michael O. Zabriskie Esq., Bountiful, Utah. Mark E. Burns Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should contact Randall L. Romrell, Associate General Counsel, Huntsman Glen Cook Chemical Corporation, 2000 Eagle Gate Tower, Salt Lake City, Utah, 84 I I i, 532-5200. Send both the slide, David Brown transparency or print of each photograph you want to be considered. David Erickson Thomas Jepperson The Utah Bar Journal is published monthly, except July and August, by the Utah State Bar. One copy of each J. Craig Smith issue is furnished to members as part of their State Bar dues. Subscription price to others, $30; single copies, Denver Snuffer $4.00. For information on advertising rates and space reservation, call o~ write Utah State Bar offces. Judge Homer Wilkinson Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and publica. tion of advertisements is not to be considered an endorsement of the product or service advertised. Committee Liaison Maud C. Thurman Copyright (l 1996 by the Utah State Bar. All rights reserved.
March 1996 3 b -- I I i ~LETTERS~ I Dear Editor, involving double and triple biling, has Do I expect the Bar Association to take a caused the legal profession to be the most role in such reform? Of course, I do not. If I have been a member of the Utah State despised of all, instead of the most honored reform comes, it wil be only if each person Bar Association since 1949. I have seen and respected. who calls himself or herself a lawyer lawyers change from professionals, who We have an obligation to discourage liti- reviews the oath taken when you were felt an obligation to serve their fellow citi- gation that we know has little or no chance of sworn in and becomes or remains the pub- zen regardless of expectation of compensa- succeeding, or that results in only causing lic servant who sees to it that at all times tion or the popularity of the cause to being trouble. In those cases there is an obligation justice is being done, both for the system businessmen only. I have seen unbelievable to be the peacemaker, even though other- and the client and that if the cause is just we charges of thousands of dollars made for wise you may anticipate many bilable hours represent our client for afair fee or none at drafting simple motions that are written, that may make the monthly balance sheet all, if the situation warrants it. rewritten and reviewed by two or three look good. \ other lawyers in the same firm, when a sin- Should there be lawyer reform? Of course George B. Handy, Esq. gle competent lawyer could have turned out there should be if you expect the profession Ogden, Utah the same work in an hour or two at a mod- to survive the many deserved onslaughts est charge. The practice of bilable hours, upon it and the contempt that we are held in.
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4 Vol. 9 No. 3 A Report on Consumer Reports
By Dennis V. Haslam
judged lawyers differently depending upon lawyer could have done a better job of rep- It isback sometimes and look difficult at ourselves to take as lawyers a step whether the matter was adversarial or anoth- resenting them. This sounds like lawyers and counselors in America. We have differ- er type of legal transaction. The good news is need to have a better desk-side manner. ent view of ourselves, even among our- that, in wil preparation, estate planning, tax selves. Last month, Consumer Reports did planning, routine real estate matters and DISSATISFIED CLIENTS a piece entitled "When You Need a Lawyer." adoptions, approximately 75% of the respon- More than one-fourth of the respondents This magazine has a long history of per- dents were highly satisfied with their lawyers. in adversarial cases were somewhat, very or forming consumer oriented testing or infor- The numbers begin to drop significantly completely dissatisfied with key concerns: mation gathering and reporting the results in contested matters. Just over 50% of clients the speed with which cases were handled, to its membership, which is described by were highly satisfied with their lawyers in how well the lawyer kept them informed, or the magazine as tending to be better edu- cases involving insurance (health and home- legal fees. Most people, regardless of the cated and better off financially than the owners) claims. The numbers decrease in type of case, felt lawyers were polite. U.S. population as a whole. The report declining order with cases involving mal- There was great dissatisfaction with points out that the information is based practice, negligence, products liability, real respect to whether the lawyer: upon the client's perception of lawyers, estate litigation, workers compensation, per- . Expedited the resolution of the matter. "which may well be affected by the out- sonal injury, criminal and, of course, the last . Kept clients informed. come of the case or by the emotional stress and worst, divorce and child custody. Clients · Charged fair fees. involved in a particularly difficult situation." in domestic cases were highly satisfied with · Protected clients' rights and financial I bring this report to your attention their attorneys just less than 50% of the time. interests. because it is a snap shot of the public's view Overall, 20% of the people who hired . Informed them up front about costs. of what we do and how we treat our clients. lawyers were dissatisfied with the work If a major manufacturer or service Each of us has a responsibility to the pro- done. Consumer Reports commented that, of provider received this kind of report card, it fession, and thus to ourselves, to act profes- all the services it has surveyed over the years, is likely that changes in the product or ser- sionally and to improve our image. When a only diet programs received a worse score. vice would be made. case is over, you may want to ask your client One of the most common complaints for a report card to see how you're doing. noted in this report is the failure of lawyers to COMPLAINTS ABOUT LA WYERS return phone calls. If you were to ask Steve Clients complained most often about WHAT THEY FOUND Cochell, Chief Disciplinary Counsel, the rea- being ignored. The percentages, however, Approximately one-third of the 30,000 son for most bar complaints, you would learn were not that high. In adversarial cases, just respondents were not highly satisfied with that it is the failure of lawyers to return phone under 25% said their lawyers did not the legal services they received. Conversely, calls. Of those who complain about failure to promptly return phone calls or didn't pay a majority was highly satisfied. Clients return phone calls, more than 40% felt their adequate attention to their cases. Approxi-
March 1996 5 '- mately 15% said that lawyers did not in the case. Your Bar Commssion encour- receiving periodic reports over the telephone. explain how long the process might take ages you to discuss fees with your clients Consumer Reports encourages con- and did not accurately predict the outcome. early on in the case. Do not avoid the subject. sumers to ask questions of lawyers when Approximately 10% said that the lawyer Deal with it up front and be dear about when selecting them: did not seek the client's opinion on how to bils wil be issued and what wil be includ- . What is your experience in this field? proceed. ed, e.g., costs advanced, filng fees, photo- . What are the possible outcomes? copies and the like. . How long do you expect this matter to WHAT THE LAWYER The aricle, in fairness, points out that take? COULD HAVE DONE BETTER asking about fees doesn't mean clients wil . How wil you keep me informed? This is a tough one. Just under 25% of be happy with what they hear. It notes that, in . Wil anyone else be working on my case? those surveyed said that the lawyer could adversarial cases, an accurate estimate is dif- . How do you charge? have reduced the client's aggravation and ficult for attorneys to make and that the cost . Besides legal fees, what other expenses about 20% said the lawyer could have depends in par upon what the other side does. are involved? reduced the time the client spent on the · What's a ball park figure for my total bil? matter. (I'm not sure how we can "reduce SELECTING A LAWYER · Wil you put your estimates in writing? aggravation".) About 15% said that the Consumers are encouraged to choose a · How often wil I be biled and what do lawyer could have kept legal costs down lawyer whose style matches thè job to be we do if there is a disagreement? and could have reduced the amount paid to done. In a divorce matter, prior to selecting · How can I help you help me? resolve the matter. About 10% said that the an attorney, one respondent asked this ques- · What are my alternatives? lawyer could have increased the amount the tion: "Do I want the meanest, baddest attorney Can you answer these questions when client received. in town, or do I want someone who has more you meet a client for the first time? Better concern about the children and the eventual yet, do you answer these questions up front ATTORNEYS FEES outcome?" Consumers are encouraged to in each case? If you answer all, or almost The survey showed legal fees are also a communicate with attorneys and make it all of these questions in your retainer agree- frequent cause of discord between attorneys known that clients want to be kept informed ment, you've probably done all you can do and their clients. Consumers are encour- of what happens and agree upon ground rules in writing. However, do not forget your aged to discuss fees with attorneys early on such as sending copies of documents or desk-side manner.
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6 Vol. 9Na. 2 Legal Services Cutbacks - Catalyst for Constructive Change
. By Debra J. Moore
"' ~ T ith the recent and proposed cuts that we cannot afford to hire ourselves. In sioner John Flores has advanced a meritori- V V in funding for the Legal addition, lawyers are both uniquely qualified ous proposal designed to promote cost- Services Corporation, the huge gap to develop a solution and directly affected by effective delivery of quality legal services between the legal needs of the poor and the the problem. Our failure to satisfy the pub- to the poor by establishing an administra- delivery of legal services threatens to lic's critical legal needs may result in such tive agency that would issue vouchers for become an unbridgeable chasm. Recent unpalatable solutions as mandatory pro bono, legal services to be paid only upon satisfac- studies estimate that the American legal a loss of licensing authority, and fee controls. tory completion of the services. system meets only a quarter of the legal Finally, whatever duty we may acknowl- needs of the poor and just one third of the edge, the public holds us responsible. Our ENHANCEMENT OF BAR'S legal needs of middle-income citizens. failure to adequately serve the public wil VOLUNTARY PRO BONO PROGRAM Those dismal numbers may soon represent inevitably lead to even further erosion of our Meanwhile, to address the immediate the "good old days." Locally, Utah Legal already low level of public esteem. need heightened by the funding cuts, the Services has already sustained over a one- Bar Commission has temporarily increased third reduction in funding for the legal ser- CREATION OF ACCESS TO funding of the Bar's voluntary pro bono vices it provides to the poor for housing, JUSTICE TASK FORCE program to $75,000 for one year. The Bar income maintenance, family issues and The Bar Commission has resolved to con- wil hire the necessary personnel, including consumer problems. Further cuts are threat- front the issue of unmet legal needs on two at least one lawyer, to enable the pro bono ened. From 20.5 lawyers statewide in levels. First, with a view toward developing program to shift its focus from the recruit- January 1995, ULS has already cut back to a long-term solution, the Bar Commission ment of volunteers to the assignment of 16.5 lawyers and projects a further reduc- plans to implement a blue-ribbon statewide cases to the volunteers. Toby Brown, the tion to 14.5 lawyers by this spring. planning task force to examine the delivery Bar's pro bono coordinator, has been We lawyers should lead the way to of legal services to the poor in Utah and ways resoundingly successful in recruiting hun- resolve this crisis. Although this unmet in which Utah lawyers can assist in fulfilling dreds of volunteer lawyers to provide pro need clearly reflects the broader social the unmet need. To be charged with looking bono representation. However, the primary issue of poverty, that reality only reinforces at the system from the ground up, the task providers of legal services to the poor, the the need for us to scrutinize our own part of force wil provide the leadership and creativ- Legal Aid Society, ULS and other agencies, the system. Moreover, widespread poverty ity necessary to devise a comprehensive and have assigned cases to only a small portion of the volunteers. By providing further sup- does not explain the un met need of those of innovative plan for the delivery of legal ser- modest means. Most of us readily admit vices to the poor. For example, Commis- continued on pg 19
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Response To "State vs. Teuscher, The 'Exception' Swallows The Rule"
By Robert N. Parrish, Division Chief Children's Justice Division Utah Attorney General's Office
In over a decade of prosecuting child This articleto Mr. is Gary intended Pendleton's as a response article abuse cases, I have seen the wisdom of the which appeared in the October, 1995 issue Tanner court's observation in every case of the Utah Bar Journal. I was the lead where physical abuse or homicide of a child prosecutor in the Teuscher case, and I have was the issue. Such cases are always based briefed the issue of the use of Rule 404(b) upon circumstantial evidence, and even in dozens of child abuse cases. It concerns where the medical evidence makes clear me that despite the fact the Utah appellate that the child was abused by someone, it is courts have made some very logical and often far from clear who that someone is. reasonable interpretations of the Rule, Mr. Where the "whodunit" of the case is clear- Pendleton did not mention any of them in er, as in the cases of State v. DeMile, 756 his article. The title of his article, "State v. P.2d 81 (1988) and State v. Allen, 839 P.2d Teuscher, The 'Exception' Swallows The 291 (Utah 1992), the issue boils down to Rule," is not only misleading, it is not whether the child died from an accidental news. As early as the case of State v. cause or by inflction of an injury. In both Tanner, 675 P.2d 539 (Utah 1983), the of those cases, the defendant was the sole Supreme Court of Utah, interpreting Rule custodian of the child when an injury was 55 of the old Utah Rules of Evidence said: ROBERT N. PARRISH has spent all six- inflcted which resulted in the child's death. "The substance of the rule is inclusionary: teen years of his legal career in the Utah As with most such custodians, though, evidence of other crimes or civil wrongs Attorney General's Office, having han- DeMile claimed an accidental fall from a that is competent and relevant to prove some dled legal representation of the toilet caused the victim's seven-inch skull material fact, other than to show merely the Department of Public Safety and criminal fracture and massive brain injuries, and general disposition of the defendant, is appeals for three years before moving Allen claimed either the child died from a admissible." 675 P.2d 5469 (emphasis in into prosecution of all kinds of criminal sudden unexpected seizure or from choking cases. As a prosecutor, he has worked on original). The Tanner case involved use of on a piece of candy. In each of those cases, evidence of prior child abuse committed by white-collar crime, public corruption, murder and other cases in both state and evidence of prior abusive injuries to the the defendant against a child who was mur- child, admitted by the trial court under the J dered by one of several possible perpetra- federal courts, and since 1990 has spent all his time directing a team of experts authority of Rule 404(b), established that it tors. The Supreme Court focused on the who provide assistance to local authori- was not a natural or accidental condition I necessity of such evidence and the unique ties on child abuse investigation and pros- that resulted in the children's deaths, but . need for it in child abuse prosecutions: ecution. He lectures on child abuse issues rather the intentional act of someone. i Where there is child abuse, there wil throughout Utah and across the country. Mr. Pendleton also fails to point out in invariably be secrecy. The great dis- his article that the United States Supreme parity of power and control between Court has approved the use of prior child the abuser and the child assures that nature of the child's injuries and the abuse to establish such things as identity, I there wil be little, if any, direct evi- caretaker who has offered either no mental state, and absence of accident or ~ dence. Even in cases where the vic- explanation or an inadequate explana- mistake as to the charged crime. In Estelle tim survives, the child's age and vul- tion of these injuries. v. McGuire, 112 S.Ct. 475 (1991), the ~ nerability make it unlikely that he or 675 P.2d. 547. The Court emphasized, Supreme Court affirmed the use of evi- she could be expected to testify com- though, that if other evidence sufficiently dence of prior abuse of the victim in its petently. In these cases, it is probable establishes motive, intent, identity, absence review of a state court murder conviction that evidence of prior abusive con- of mistake, or opportunity, the prior bad acts for kiling the child. The Court held that duct by a caretaker may be the only would not be necessary and thus might be admission of evidence of the prior abuse available link between the specific excluded; even if relevant. established that the child's death was the
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result of someone's intentional act, and proving that a child's injuries or death result- it wasn't even used in Teuscher. Instead, excluded the likelihood of accidental cause ed from intentional conduct. "We find it the evidence of prior abuse made less like- of death, even if the prosecution could not unnecessary to base the admissibility of this ly the possibility that the child died by acci- directly link the prior acts of abuse to the evidence on whether or not the defendant has dent and that the person who abused the defendant. This concept, called the "doc- raised the defense of accident or mistake, or victim was acting unintentionally. Further, trine of chances" is one of the uses of indeed, on any of the exceptions listed in the evidence made it more likely that the 404(b) evidence Mr. Pendleton didn't both- Rule 55." 675 P.2d, 545. The fact that the person who committed the final fatal act er to analyze. He should have read defendant in Teuscher did raise certain was the defendant, not others in the home Uncharged Misconduct Evidence in Child defenses simply made the Court of Appeals' who were capable of the act. The probative Abuse Litigation, 1988 Utah L. Rev. 479 decision easier - virtually every court in the value of such evidence lies not in the simi- (1988), by Professor John E.B. Myers prior country has allowed the use of prior miscon- larity between the charged crime and earli- to writing his article for the Bar Journal. duct evidence to refute contentions raised by er crimes, but in its tendency to establish The chance that a child who has been suf- the defense. identity of the perpetrator, absence of acci- fering from a long pattern of torture and dent and the mental state of the actor. physical abuse just happened to die from Mr. Pendleton specifically criticizes the accidental causes is much less likely than Court's acceptance of evidence that that a healthy and non-abused child might. "In Huddleston v. United States Teuscher had previously broken an infant's In Huddleston v. United States, 485 u.s. leg, then told inconsistent and discrepant 681,686 (1988), the United States Supreme . . . the United States Supreme stories to explain the injury as an accident. Court held that Rule 404(b) of the Federal Court held that Rule 404(b) of the "The evidence of Austin's broken leg and Rules of Evidence is a rule of inclusion and Federal Rules of Evidence is a rule Teuscher's apparent prevarication does not, the only limit upon admitting prior acts of of inclusion and the only limit upon apart from proving bad character, tend to misconduct would be if the evidence is not prove that this defendant was the one who probative of any other issue besides charac- admitting prior acts of misconduct held the homicide victim by the head and ter of the defendant. Thus, contrary to Mr. would be if the evidence is not violently shook him. The same is true of all Pendleton's conclusion (which we wrests probative of any other issue besides of the other-offenses evidence in this case," from another case relied upon by the Court Pendleton writes. Again, he misses the character of the defendant." of Appeals in Teuscher and not from any- point by focusing on only one possible use thing explicitly stated in the opinion), the of 404(b) evidence. The evidence that rule is not that character evidence is now Teuscher had not only inflicted an inten- admissible to prove action in conformity tional injury upon an infant, but had fabri- with character. Rather, the fact that prior What State v. Teuscher really stands for is cated a story to convince people it was an misconduct evidence might bear on the that evidence a suspect in the crime charged accident; coupled with evidence that she defendant's character is not, for that reason has abused other children besides the victim did the same thing concerning the victim of alone, inadmissible, as long as it is relevant may be admissible if the evidence is relevant the later shaking, made the evidence con- and probative of issues enumerated in Rule and fits one of the enumerated uses in Rule cerning the previous broken leg and her 404(b). Of course, in any circumstance, 404(b). The Court of Appeals stated: behavior particularly relevant to the Rule 403 may operate to exclude even rele- Evidence regarding prior instances of absence of accident and the identity of the vant evidence if the probative value is out- abuse perpetrated against the victim is perpetrator of the fatal shakng. weighed by the danger of unfair prejudice. clearly admissible in Utah to show Despite Pendleton's warning that the This is where the weighing of the necessity identity, intent or mental state, and Teuscher opinion is a departure from time- for the evidence and its probative value lack of accident or mistake. See e.g., honored principles regarding the rules of against its danger for such unfair prejudice State v. Allen, 839 P.2d 291,297 (Utah evidence, it is not. The principles and poli- does and should occur. 1992); State v. Tanner, 675 P.2d 539, cies underlying Rule 404(b) are unchanged, Although unnecessary, the Court of 543-548 (Utah 1983); State v. Morgan, and there is nothing to support his con- Appeals in the Teuscher case focused on 865 P.2d 1377, 1380 (Utah App. tention that the door is now open to intro- whether the defendant had raised issues in 1993). The admissibility of evidence of duce evidence of a defendant's character to the trial that needed to be refuted by the prior instances of abuse perpetrated prove action in conformity with that char- prosecution, such as identity of the perpe- against children other than the victim, acter. Such misinformed overreactions tend trator, mental state of the perpetrator, or however, is a question of first impres- to cause unnecessary and unwanted confu- absence of accident or mistake. The Tanner sion in Utah. sion among members of the bar. State v. court previously made clear that the analy- 883 P.2d, 927. The evidence which was Teuscher is not the death-knell for the sis of admissibility of evidence under Rule admitted in Teuscher was not offered to application of rules concerning character 404(b) does not depend on what issues the show there was some unique method of abus- evidence. It is a logical extension of a long defense raises, since the State has the bur- ing kids which clearly pointed to only one line of cases which examines the particular den of proof of all elements of the crime at defendant, the commonly-used "signature necessity for evidence of prior acts of abuse trial, and that means, necessarily the State crime" argument. That is the only argument of children where proof of child abuse or must exclude such things as accident in which Mr. Pendleton bothers to dispute and child homicide is circumstantiaL.
March 1996 9 A Modest Proposal Concerning "Esquire"
By Rick L. Knuth
To the best of my information, the Utah My secretaryorders has to extirpate long been "Esq." under from Legislature does not confer titles of nobili- my correspondence and pleadings. ty and would have a problem with the fed- Knowing my feelings on the subject, she eral constitution if it were so inclined. Use recently showed me a letter to a number of of "esquire" as synonymous with attorneys lawyers and law individuals, including a is, at best, a negligent misnomer. At worst, female attorney in our office. The letter was it is a linguistic distortion made especially addressed to each lawyer with "Esq." fol- lamentable when committed by a well-edu- lowing the names, male and female alike; cated profession whose stock in trade is the lay people were addressed as "Mr." or "Ms." precise use of words. "Esquire" has nothing It is bad enough to use "Esq." in profes- to do with the practice of law in contempo- sional correspondence, but the writer of this rary America, but everything to do with letter, in an apparent effort to not offend, professional arrogance. had bestowed this essentially meaningless - "Esquire" stil has a correct, old-fash- but nonetheless male - honorific on some- ioned usage; as a polite reference to all gen- one who is not male. Apparently, a refresh- tlemen. In my single days I received the er on the proper use of "Esq." might be in odd wedding invitation addressing me as order. R. L. KNUTH, a shareholder in the Salt "Esq." The senders certainly did not mean "Esquire" is derived from Old French, Lake firm of Parsons, Davis, Kinghorn & to denote membership in the legal profes- out of the Latin scutarius, meaning "shield- Peters, is a 1980 graduate of the sion, but used the term, correctly, in its gen- bearer". H.W. Fowler's "Modern English University of Utah College of Law. He eral sense. As honorifics go, "Esq." is as Usage", (Rev. 2d ed., 1965), notes that practices chiefly in the areas of commer- exclusive as a rainstorm, but this generality "esquire" has practically no meaning, save cial law, bankruptcy, real estate and is its correct usage. as a term of address to males in general: water law. Mr. Knuth is a member of the Almost all of us would agree that refer- esquire was originally a title of func- Utah State Board of Continuing Legal ring to a person with a J.D. degree as "Dr." Education and has written on a wide vari- tion; the esquire was the attendant of would be unspeakably haughty, even osten- ety of legal topics. This is his fourth arti- the knight and carried his gear. It cle published in the Utah Bar Journal. tatious. Yet, lawyers have more right to the later became a title of rank, interme- title "Doctor" than they do to "Esquire". diate between knight and gentleman, "Doctor" was first coined at the University the right to which is stil defined by of Bologna in the late-Middle Ages to refer law in a way that to modern ideas is Evans & Evans' "Dictionary of Contempo- to "Learned Doctors of Law." The usage in some respects curious. Barristers rary American Usage", (1957), sees even less never really attached itself to lawyers in are esquires (at any rate after they justification for any but the most general use English-speaking countries. Physicians have taken silk; there seems some of "Esq.": appropriated the term - at a time when they doubt about the outer bar), but solici- Esquire, . . . is a title of courtesy wide- were little more than glorified barbers - to tors are never more than mere gentle- ly used in England and Ireland (though give their own profession a higher "tone". men; justices of the peace are its use is beginning to decline under the Apparently, a similar motive among certain esquires but only while they are in the feeling that the term is snobbish and of the American legal profession gives rise Commission. now devoid of meaning) but not else- to the misappropriation of "Esq." for our * * * 'ii where even among English-speaking exclusive use. This is probably an exten- . . . (AJ reluctance to draw invidious peoples. Originally it referred to a def- sion of the current fashion which re-Iabels distinctions, has deprived. . . esquire inite social rank and designated one secretaries as "administrative assistants" f~ : of all significance, and it looks as belonging to the order of English gen- and undertakers as "funeral directors". though one odd product of the try just below a knight, but the signifi- However, the most compelling objection Century of the Common Man might cance has been lost and it now has the to use of "esquire" as a distinctive title for be to promote the whole adult male same meaning as Mr. members of the Bar lies not only in the fact population to this once select and Not a word here about lawyers or the practice it has nothing to do with lawyers, but that it coveted status. of law. continued on pg 32
10 Vol. 9 No. 2 r i
The Law Firm of KIRTON & McCONKE a Professional Corpration
Is Pleased to Announce that
ANTHONY I. BENTLEY, JR.
Has Returned to the Firm Afer a Three Year Sabbatical in Argentina
Mr. Bentley Wil Continue His Practce In International, Corprate and Business Law
CHAES W. DAHLQUIST, II Has Returned to the Firm Afer a Three Year Sabbatical in Germany
Mr. Dahlquist Wil Resume His Practice In the Field of Health Care Law and Litigation
DAVID A. WESTERBY
Has Become a Shareholder
Mr. Westerby Wil Continue His Practice In Employment, Labor and Discrimination Law and Litigation
JILL M. AGGELER
Has Become an Associate
Ms. Aggeler Wil Continue Her Practice In Insurance Coverage and Insurance Defense Litigation, Including Personal Injury, Product Liabilty and Environmental Law
60 East South Temple, Suite 1800 Salt Lake City, Utah 84111
Telephone (801) 328-3600 - Facsimile (801) 321-4893
March 1996 11 &Q
I
i
E-Mail for the Office and the World
By David Nuffer
DA VID NUFFER practices law in St. most effcient architecture but it requires Electronicof increasing Mail (or "e-mail")utility for is aUtah's tool George and Salt Lake City, and can be the dedication of at least some part of the lawyers. With the institution of e-mail in reached at david_nuffer(lsnedws.com server's resources for mail server functions.
the Bar offices (see sidebar with e-mail The mail box shown in figure 3 demon- addresses) those who have not already strates the appearance of typical e-mail soft- implemented inter-office and external e- ware. A message (with enclosure) is shown mail may desire to do so. in figure 4. With the advent of graphic interfaces, e-mail systems are almost self- OFFICE E-MAIL explanatory and people can be self taught. E-mail has been a useful tool in offces g---Og// ,, Work Group Benefis for over a decade. Office e-mail systems The benefits of e-mail for a work group have replaced phone message slips, memos, are obvious. E-mail facilitates communica- scrawled notes, and even Post-it notes% as a tion between those who are working togeth- means for co-workers to communicate. Each computergg on the network communicates er. Its speed generally improves informa- Computers have appeared on worker's with its peers via a server tion destination and response. It groups for- desks, and as those computers have been Figure 2 - Client-Server merly disparate types of communication networked to share files and printers, e- (phone slips, memos, post-its, etc.) into a mail has been an inexpensive addition. pasted into other documents for use. unified form, so it tends to reduce confu- General Features There are two alternative architectures for sion. Everything can be printed and saved, Each computer user can have an "e-mail office e-mail systems: peer-peer (figure 1) so records are easier to create. Because box." Messages can be sent or received and and server-client (figure 2). In a peer-peer everything can be forwarded or replied to, a may enclose documents which need to be system, each e-mail station forwards e-mail thread of thought is maintained. circulated. Messages and their enclosures to other e-mail stations. The disadvantage of E-mail reduces "offce tag." Because mes- can be forwarded, printed and saved. The this system is that it only works when both sages can be sent in a complete comprehen- contents of messages may be copied and the sending and receiving stations are operat- sible form when the sender is able to send I ing. If two co-workers happen not to have and replied to by the recipient at a time ) II their systems on at the same time, mail which suits her, the frustration and ineffi- between them will not be transferred. A ciency of failure to meet can be avoided. ~------~ client-server system uses a server as a central E-mail forces clarification of thought. Each computer on the network communicates with its peers post office for all of the mail in the offce. The Because e-mail is required to be put into server receives, forwards, stores and routes standard written type form, the result is Figure 1 - Peer to Peer maiL. This is by far the more common and usually a more comprehensible message.
12 Vol. 9 NO.2 r
...... ,.,."...... '.'..A.....'..,."...,....l...."...... ,...... "...M'..'.''''',.....,...... "...... ,...... "...... ,...... ,...... ,.,,'..'''..M...... ,...... ,...... MailboH for David Nuffer ';; im:; From Subject Received Cleaning Up
InfoW'est!ao l.com IJltccol Find- A-Lawyer I.lon ~Ian 22 5 :46 AI"1 the Public Infow'est !listserv .law .co... FindLaw \'1\1''1 site ofLe... Sun Jan 21 5 :46 A~'1 Ben Reeves: RE: Extraordinary Pay ro 11 ThlJ ,Jan i 8 12 :50 pi,,'j '.'Iendi Perkins: Ra 1 h Clawson \'ed ,).,n 1 7 1 :03 PM Domain Bar Intel'nE't 1 22 ME'SS-3I~€'S Foi-m lettei-s 5 Messages Internet r"iaiì 80 i'îi:s3dgi:~ The Next Frontier Law Librat-j.jns: List 12 Mes:;ages local 25 Mes:;ages Denver, Colorado Maiib,~x 5 Hessages Outbox o Messages March 20, 1996 Print 3 Messages Sent Hail 272 Messa es On March 20, the Rocky Moun- Print.. ) ( Moue... ) Delete ) n Read n tain Mineral Law Foundation is ~. sponsoring a one-day program on Figure 3 - An email box Cleaning Up the Public Domain at the Denver Petroleum Club. In a law office, e-mail enables use of var- "dial-in" and receive their messages. This ious talents in the finn by enabling communi- greatly facilitates information transmission Across the Rocky Mountain cation. A litigator can communicate easily for attorneys who travel. It is also possible to West, numerous environmental with an estate planner on a specific issue. link branch offices together with e-mail sys- cleanups under CERCLA, the Another benefit to lawyers is a "layer- tems, creating a "virtual" office with consis- Clean Water Act, and other statu- ing" by effective communication and dele- tent and open communications. tory regimes are focusing on aban- gation to the most appropriate billng and Newer technology is enabling the integra- doned mining operations. These level of expertise. Senior attorneys can tion of other forms of messaging with e-maiL. sites present a range of difficult communicate easily with secretaries and Faxes can be directed to e-mail boxes for issues, many of which involve the allocation of roles and responsibil- administrative personnel as well as junior viewing and printing. Voice mail can be attorneys, paralegals, etc. opened through an e-mail box. In addition, ities between the private sector and various government agencies. E-mail is especially useful because the some voice mail systems allow e-mail to be contents of messages can be copied and retrieved and "read" by the computer. Speakers will examine mining pasted and then revised to create file mem- Offices without networks usually have not site cleanup programs being estab- oranda, letters, or pleadings. In the process had e-mail but all of the above reasons are i ished by key federal agencies on of revising documents, components can be compellng. Any multiple person office federal lands, including legal, e-mai1ed to a central document assembler. should seriously consider e-mail, even in a technical, and policy issues. Key An attorney doing research in a library can two person office. They need to communi- government officials and others mail citation components of a memoran- cate and they are not always in at the same responsible for these evolving pro- dum to a secretary. time. Because of the expansion of e-mail out- grams will explore the interesting E-Mail Frontiers side the office (discussed below) implemen- and complex concerns raised by It is also possible with office e-mail sys- tation of e-mail in the smallest office these sites. tems to allow remote access. Users with becomes compellng. This Special Institute is designed portable computers or with computers off- to be practical and informative, site can, with the appropriate software, aimed at bringing federal, state, and local agencies, the regulated .... -, ...... _--...... public, and other interested private ;~;~~;;ii~ ,~ßi:;-;~~_._-~~ Find-R-lawyer ,;;::~d:~~d-:;;~~=e:::~;;:;_ sector members together to explore . ~-:1I From: I rifolr/est!ao 1.com!Jpcco 1 . Enclosure. methods of accomplishing the '\--~ Date: tlon, Jan 22, 1996 547 A~l I cleanup goals of CERCLA and Sub j eet: Fi rid-A-La'v¡yer other statutory regimes. A talented , To: I nfoWest i snedws. com! dov i dJ'luffe¡- and diverse group of speakers
Add ':oy name tv t.h2 "F¡nd~R'-LClwyer" Dir'ectory on the Internet will explore these topics and com- pile written materials containing http://users . ao I . eom/f i nda I awy the latest agency guidance and ; There is current I y no charge. To be lis ted, go to the site ,~nd see the directives on public lands cleanup : sample I isting. Then email me your info in the format shown, and I'll list : you on the site. You can even link your curren t Home Page to the Site by initiatives. : g i v i ng me your page address. See the Page for de ta i Is. . Contact the Foundation . ( Reply ) (FOrWard) (Print.. ) (Moue on ) ( Delete ) C\ m" at (303) 321-8100 for additional information. Figure 4 - A typical email message
March 1996 13 WORLD WIDE E-MAIL E-MAIL CAUTIONS forced to respond to a GRAMA type With the advent of the Internet and its E-mail is not without its pitfalls. If an e- request which included backup copies of all greater usabilty, world wide e-mail has mail box is not checked frequently, then it is e-mail messages sent in the prior year! become a very desirable method of com- as useful as a fax machine in an isolated room. Authentication of messages can be diffi- munication. The things that internal office (In the early days of fax, many businesses cult. It is possible to send messages across e-mail has facilitated can now be facilitated would tum their fax machines off at night!) the Internet which give the appearance of between enterprises, clients and customers, Because of technical problems, it is possi- having come from an individual but which researchers and information sources. The ble that e-mail wil not actually be sent or really did not. Some services pride them- Internet has become an e-mail superhigh- received. While a properly established sys- selves in providing "anonymous" maiL. The way, passing e-mail from any location to tem should not have this problem, it is authenticity of important messages should another location. always a risk. be verified. Utah's new digital signature There are generally two methods for E-mail appears casual but actually creates statute (Utah Code Ann. §48-3-lO1) may connection to the Internet for e-mail pur- a record. Some workers have been surprised provide some securty in ths area in the futue. poses. A direct connection (figure 5) con- to see their love notes distributed across the nects the e-mail user through an Internet network. Confidential information has been CONCLUSION service provider to the Internet and the routed to the wrong person. At times, a rushed In spite of the significant cautions, e- World Wide Web universe of e-mail e-mail message not carefully proof-read has mail remains a significant tool for effective addresses. The simplicity of this system is omitted an important "not" or given another group coordination. That group may be within a single office, or the communica- Office Internet tion pathway may be expanded to univer- sality. For lawyers, whose work depends -----ggg g upon team work and cooperation, commu- geU g nication with cooperating and adverse gO----g-/ , counsel, and exchange of information from gg g outside sources, including clients, e-mail is gg very valuable. E-MAIL SYSTEMS An individualgg computer on an office network communicates with its peers via a server but with the internet via a direct personal connection. For further information on leading e- mail systems, you may consult these Figure 5 - Direct Internet Connection WWsites: its advantage. If this method of Internet serious ins-impression. Some e-mail sys- Offce E-Mail (including internet gateways): connection is used with an internal client- tems do not include spell checkers, creating a http://www.lotus.comJccmail - Lotus server mail system, however, the user has bad impression of the sender's competence. cc:Mail two e-mail boxes, one for outside mail and Security is always an issue with e-maiL. http://wp.novell.comJ groupwar/ groupwar/ one for inside maiL. Some individuals wind With internal office e-mail or Internet e-mail, gwise/ - Novell Groupwise up having many e-mail boxes, one for their messages must be assumed to be accessible http://www.miscrosoft.com/mail/gen.htm home internet connection, one for their to those who really want them, not just to - Microsoft Mail office Internet connection and others for intended recipients. Internet e-mail should http://www .microsoft.comJexchange/ gen. commercial services, all separate from the not be used for confidential client communi- htm - Microsoft Exchange internal office mail box. Checking all of cations, unless it is encrypted. Office e-mail Internet Mail: these mailboxes can be difficult and is often may remain on a server and accessible to http://www.qualcomm.com/rodTech/quest/ neglected. The direct connection requires those who are determined to get the informa- - Eudora and Eudora Pro constant dial-up and mail checking by the tion. One municipality in another state was http://home.netscape.comJ - Netscape 2.0 individual user, which may not happen. A gateway allows an office e-mail serv- er to communicate with an Internet service Office Internet provider's Internet mail "post office". See g"" figure 6. The result is that office e-mail and Internet e-mail are routed to the user's sin- ----ggg g glemailbox.Itis. after installation, much ~----O------more simple to use and administer. A gate- // ,, gg g way connection does not necessarily con- gg g template a full-time connection between the server and Internet. In fact, a periodic con- gg nection rather than a continuous connection An offce networkgg server communicates with the internet via a gateway, giving everyone creates its own "fire-wall," prohibiting on the network internet emaiL. external access to the internal network. Figure 6 - Internet Gateway Connection
14 Vol. 9 NO.2 or
I. IA . UTAH STATE BAR E-MAIL ADDRESSES Deparment Name E-Mail Plan to attend Executive Director John Baldwin john 0ìutahbar.org
Assistant Executive Richard Dibb1ee richard 0ì utahbar. org the upcoming Director
Chief Financial Arold Birrell arold 0ìutahbar.org 1996 Utah State Bar Officer Admissions Darla Murhy darla 0ì utahbar.org Annual Meeting Admissions adm0ìutahbar.org Bar Journal bj 0ìutahbar.org to be held CLE Monica Jergensen monica 0ì utahbar .org
CLE cle 0ì utahbar .org July 3 - 6 Client Security csf0ìutahbar.org Fund in Sun Valley, Idaho
Fee Arbitration fee 0ì utahbar.org . . '" it / Information Line info0ìutahbar.org ~., I J Lawyer Referral Irs0ìutahbar.org ,,-~::' r!l k;';'""'- Licensing lic0ìutahbar.org -:,:# -- Mailing ListslLabels ¿~A )~;: Member Statistics labels 0ìutahbar.org p t?\TJ,~'i~ MCLE Sydnie Khure sydnie0ìutahbar.org
MCLE mcle 0ì utahbar.org Member Benefits ben 0ìutahbar.org Office of Attorney oad 0ìutahbar.org I"illl'/d~~cJlL"~7~~eJ Discipline --~..- Pro Bono Coordiator Toby Brown toby0ìutahbar.org
Utah Law & Ijc0ìutahbar.org Hope to see you there! Justice Center Rev 1/22/96 I. .
.on 3D Animated Reconstructions on video, Mathematical Analysis and Simulation to help you win your case. John Pace, JD RN, Director David Ingebretsen B.S., M.S. (sliding scale for divorce & custody)
9 Exchange Place, Suite 900 3D PHYSICS, Salt Lake City, U1 (l (801) 487-211 SLC UT 84111 email: dingebre(jxmission.com phone 801.364.4999 fax 801.5340515 . FREE Video available on request ·
March 1996 15 1996 Mid-Year Convention Sponsors The Mid-Year Meeting Committee extends its gratitude to the following sponsors for their contributions in making this a successful and enjoyable Mid- Year Meeting. Please show your appreciation for their donation by supporting these firms and businesses: Jones, Waldo, Holbrook & McDonough Parsons Behle & Latimer VanCott, Bagley, Cornwall & McCarthy Ray, Quinney & Nebeker Christensen & Jensen Fabian & Clendenin Snow & Jensen Farr, Kaufman, Sullivan, Gorman, Jensen, Medsker, Nichols & Perkins Snow, Nuffer, Engstrom, Drake, Wade & Smart Prince, Yeates & Geldzahler Litigation Section Corporate Counsel Section Real Property Section Women Lawyers of Utah Michie Company Blue Cross Blue Shield of Utah First Interstate Bank Trust & Private Client Service Attorney's Title Guaranty Fund, Inc. Knight Adjustment Bureau Sedgwick James/CNA Insurance Software Studios, Inc. Utah Bar Foundation Rollins Hudig Hall of Utah, Inc. 21st Century Office The ITC Companies \ - - client adverse to a former client of an associ- Judge Lyon ordered that Mr. Walpole be ate in the law firm in violation of the Imputed immediately suspended until permanent Disqualification Rule of the Rules of discipline is imposed at a Sanctions ADMONITION Professional Conduct. The Panel recom- Hearing on February 26, 1996. Commenc- On January 22, 1996, the Chair of the mended the Respondents be admonished and ing in September 1990, Respondent began Ethics and Discipline Committee Admon- placed on one (1) year Probation, attend a continuing pattern of misconduct that ished two attorneys for violating Rule 1.10, Ethics School, and submit a written spanned almost five years in which he mis- Imputed Disqualification: General Rule, of policy/procedure detailing how initial con- appropriated clients' funds or commingled the Rules of Professional Conduct of the flcts checks are done in the law practice. clients' funds with his personal money. The Utah State Bar. The Respondents under- Court found that during that time, he com- took representation of a client in a civil suit INTERIM SUSPENSION mingled, misappropriated, or diverted a against a former client of the law firm, On January 16, 1996, F. Kim Walpole total of $113,000.00 from his clients or his without the knowledge or consent of the was placed on Interim Suspension from the law firm. former client. The Screening Panel con- practice of law by Judge Michael Lyon of the cluded that the Respondent represented a Second District Court of Weber County.
Park City Bar Yes, there is such a thing as the "Park that wil serve and benefit the community. Deer Valley, and a reception in the late City Bar," which is not to be confused with The Park City Bar Association is commit- afternoon. Cost is $100.00 for members, one of the many local establishments open ted to having its members work on several $125.00 for non-members. Three hours of for the consumption of alcoholic beverages. civic projects. The Association wants to be ethics CLE, a continental breakfast, lunch, Considering the prolific growth in Park able to offer support services to the Peace lift ticket and the reception are included. City and the surrounding areas, it is not sur- House, which is a shelter in Park City for vic- Believing that someday the snow will prising that there has also been a significant tims of domestic violence. In addition, the melt, and being committed to the idea that increase in the number of practicing attor- Association is organizing volunteers to CLE can and should be combined with fun neys in the Park City area. (As a matter of spend a day doing (menial) construction (or vice versa), the Association is currently fact, rumor has it that there is now one tasks for the Habitat for Humanity project. making plans to organize the first Park City lawyer for every ten realtors in town). With The Association believes that hammering "Wet" Bar: a three day river trip or a Lake so many lawyers in the vicinity, the Park nails on that project will provide a valuable Powell house boat adventure and CLE City Bar Association was formed to address community service, as well as the potential (around a campfire?), tentatively scheduled the needs and interests of the expanding for stress reduction for those who participate. for late spring or summer. Other similar number of local law practitioners who do The Park City Bar Association holds events wil be forthcoming. not commute to Salt Lake City every day. monthly brown-bag CLE programs with both Membership in the Park City Bar Initially, Park City Bar events were def- live and video presentations, as well as spe- Association and enrollment in its functions initely informal and primarily social: it cial CLE programs. To date, the Honorable are open to any lawyer, paralegal, law stu- seemed like a good idea to get to know the Frank G. Noel, the Honorable Michael R. dent or other interested individual who attorneys in the area, many of whom had Murphy and the Honorable Glenn Iwasaki wishes to join or to attend. Membership recently opened offices in Park City. have spoken to the Park City Bar, and a num- dues are $25 per year for lawyers, $ 10 per Although the Park City Bar Association ber of seminars have been provided, includ- year for non-lawyers. For information on continues to be informal, the Association ing a half-day seminar on alternative dispute the Park City Bar Association, please call decided that something more than just resolution and an ethics program featuring Joe Tesch, President, Park City Bar socializing was needed. For example, it Chief Justice Michael D. Zimmerman. Association, (801) 649-0077. also seemed like a good idea to provide Last year's ethics program (also known as some continuing legal education on the east "CLE and Ski") was so well-received, it wil side of the Wasatch Front, and to establish now be an annual event. The Second Annual a line of communication with judges, and Chief Justice's Ethics Symposium wil be particularly with judges sitting in Summit held at Deer Valley Resort on March 15, County. Thus, the purposes of the Park City 1996. There wil be a keynote address by Bar Association include providing continu- Lawrence J. Fox, Esq., who is the Chair of ing legal education in the Park City area, the ABA Litigation Section and a member of promoting communication among local the ABA Standing Committee on Ethics, fol- lawyers, facilitating communication lowed by a panel discussion moderated by between lawyers and judges, as well as the Chief Justice. The ethics program will be engaging in law-related or other activities followed by lunch, an afternoon of skiing at - March 1996 17 United StatesDistrict Court for the District of Utah Notice to the Bar and Public Court Action on the December 1993 Amendments to the Federal Rules of Civil Procedure
On January 9, 1996, the judges of the with the alternative of "opting out" of some cases, social securty, and Department of court unanimously agreed on a permanent of the requirements those amendments Health and Human Services appeals from basis that the District of Utah, subject to the impose. In effect, a district court could elect, administrative law judge decisions. exceptions listed below, would not opt out by local rule, to exempt itself from certain of 2. The provision of Fed.R.Civ.P. of any of the December 1993 amendments those new requirements. 26(a)(4) requiring the filing with the court to the Federal Rules of Civil Procedure. During the past two years, the judges of of all disclosures made under paragraphs The cour's Advisory Committee on the the District of Utah adopted on an experi- (1) through (3) of Rule 26 shall not be District Court Rules of Practice is preparing mental basis the position that the cour, observed. The only exceptions are expert amendments to the local rules to bring them except as noted below, would not opt out witness reports which must be filed with into conformity with the Federal Rules of of any amendments as set forth. The purpose the clerk of court. Unless otherwise ordered Civil Procedure, as amended. Until the of the experimental period was (i) to assess by the court, in place of filing such disclo- court officially adopts those amendments to the impact of these new requirements on the sures, litigants or their counsel are required the local rules, however, the current local court, the bar, and the civil litigation process, to fie with the clerk a certificate of service rules remain in effect. Where there is a con- and (ii) following such assessment, to deter- of such disclosed materials on opposing flct between the local rules and the Federal mine whether the District of Utah should counseL. This requirement follows the Rules of Civil Procedure, as amended, the exempt itself from any of the amendments court's current provisions regarding the fil- latter govern. that include an opt-out provision. ing of discovery materials (see Distrct of Utah Rule 204-3(c)). As with all original BACKGROUND EXCEPTIONS discovery materials, the party serving the On December 1, 1993, important new 1. The disclosure provisions of disclosures shall retain the original and be amendments to the Federal Rules of Civil Fed.R.Civ.P. 26(a) and the attorney meet and the custodian of it. Procedure took effect. Several of those confer provisions of 26(f) shall not be amendments provide the federal trial courts deemed to apply to prisoner cases, pro se
UT AH EVIDENCE LAW
by Edward L. Kiball, Brigham Young University Law School, and Ronald N. Boyce, University of Utah College of Law and U.S. Magistrate Judge
Available March 1996. Initial printing liited. Copies at $50 per copy, includig tax, shipping and handlg. Supplement wil be sent automatically, with bil for $10, unless expressly declined. Also available for $20, full text on computer dik, WordPerfect 5.1; specify size. Address: Kiball/Boyce, 2277 North 1450 East, Provo, Utah 84604.
A fully comprehensive treatise on Utah evidence law, with extensive case citation and analysis. Carefully organized. A must for the Utah practitioner.
18 Vol. 9 NO.2 President Clinton Federal Judicial Conference of the Tenth Circuit Names Snowmass Vilage, Colorado · July 17-19, 1996 Jody L. Williams The Federal Judicial Conference of the that involving the children in the confer- Tenth Circuit, which focuses on the topic "Is ence themes often leads to interesting fam- as a Member of the Litigation Broken?" is scheduled July 17- 19, ily discussions as the young people bring Utah Reclamation 1996. We have both an exceptional program their own unique perspectives to common and an exceptional site in the resort village of issues. Mitigation and Snowmass. We are planning an event that Some conference highlights wil be a wil expand your legal horizons, allow you to reception called the "Taste of the Tenth" Conservation earn CLE credit, and present an opportunity featuring delectable treats indigenous of the Commission for a wonderful respite in the beautiful six states in our circuit, state luncheons Rocky Mountains. Snowmass has a full offering the opportunity to hear from range of summer activities on the ground or judges, an evening barbeque and concert take advantage of hot air ballooning! slopeside, a sing-a-Iong, and an exceptional We wil be honored with the presence of conference dinner speaker. Plus, the proxim- two U.S. Supreme Court Justices, Byron R. ity to Aspen provides a multitude of diver- White and Stephen G. Breyer. There wil be sions from power shopping to jazz. a number of breakout sessions with outstand- Please mark your calendars and join the ing moderators for you to attend. Subjects Federal judges for both a social and learn- wil include problems with litigation from ing experience. More detailed information costs to access to alternate dispute resolution will be mailed in ApriL. You must be a and settement. member of the Tenth Circuit Judicial We wil, once again, be featuring an edu- Conference to attend. To join, write or FAX cational program for young people. This pro- your request to the address or telephone gram seeks to adapt the themes of the con- number below, and we wil furnish an ference to younger audiences. We anticipate application promptly. offering separate programs for children ages Byron White United States Courthouse 4-6, 7-9, 10-12, and 13-17. Such diverse 1823 Stout Street approaches as stories, art projects, dance, Denver, Colorado 80257 Effective January 15, 1996, President youth forums, mock trials, skits and the like Telephone: (303) 844-2067 Clinton appointed Jody L. Wiliams to the have been used in the past. We have found FAX: (303) 844-2079 Utah Reclamation Mitigation and Conservation Commission, a Presidential continued from pg 7 Commission established in July 1994 under A Call for Spanish the Central Utah Project Completion Act to port for those who have so generously vol- repair ecological damage caused by federal Speaking Lawyers unteered their time - for example, by water projects in Utah. Ms. Wiliams prac- screening, packaging and referring cases, The Governor's Office of Hispanic tices water law with the firm of Kruse, by providing necessary training in poverty Affairs and the Tuesday Night Bar Program Landa & Maycock. Ms. Wiliams was nom- law, and by ensuring the availability of have come together to provide assistance to inated by Utah Senators Orrin Hatch and malpractice insurance coverage - the Bar Spanish speaking members of our communi- Robert Bennett because of the expertise she will increase the effectiveness of its volun- ty. Lawyers who speak Spanish are needed to has gained as a water lawyer, as well as her tary pro bono program. assist in this program so that Spanish speak- extensive experience in fish and wildlife In a letter to her son John Quincy ing Hispanics can benefit from the Tuesday matters in Utah. Her nomination was for- Adams, Abigail Adams said, "It is not in Night Bar Program. This program has been warded to the White House by Senator the still calm of life. . . that great chal- helping our community since March of 1995, Robert Dole. lenges are formed . . . . Great necessities and we need your help to continue. If you Ms. Wiliams is the past president of the call out great virtues." The great need has .\ speak Spanish and are interested in partici- Utah Wildlife Board, was awarded the clearly been presented to resolve the long- II pating in this program, please contact Kim 1995 Lawyer of the Year by the Utah State standing plight of inadequate delivery of Willams at 531-9077, Utah State Bar, or II Bar Environmental and Natural Resources legal services to the poor. The statewide Lorena Riffo, Governor's Office of Hispanic Section, and the 1993 Conservationist of planning task force and the enhanced vol- Affairs at 531-8850. the Year by the Utah Wildlife Federation. untary pro bono program are poised to deliver the great virtues of the members of the Utah State Bar.
i I March 1996 19 L Litigation Section Announces Part II of the Trial Academy 1996 April 25, 1996 "The Law and the Art of Opening Statements"
Par I of the Litigation Section's Trial entertaining two-hour seminar. August 29, 1996: Cross Examination Academy 1996 was held on February 22 in Par II of the Trial Academy wil be held October 24, 1996: Exhibits Judge Pat Brian's courroom. The program on Thursday, April 25, at 6:00 p.m. It is not December 19, 1996: Summation was by all accounts a roaring success. necessary for the registrant to have attended The cost is $20 per session for Litigation Judge Brian was joined on the bench by Part I. The faculty and location for this ses- Section members and $30 for non-mem- Judge Dee Benson of the United States sion of the Trial Academy wil be bers. (Section membership is $35 a year District Cour for the selection of the jury in announced. Experienced local trial attorneys and includes many other benefits and dis- the mock wrongful death action of O'Reily wil demonstrate the art of the opening counts.) Students may also enroll for the v. Bounder Transportation. statement and explore the law and procedure remaining five sessions of the Trial Plaintiff's counsel was David Jordan governing it. As with all segments of the Academy at a cost of $80 for Section mem- (Stoel, Rives, Boley, Jones & Grey) and Trial Academy, the program is designed to bers and $120 for non-members. Students Gordon Campbell (United States acquaint the novice practitioner with the wil receive two hours of CLE credit for Attorney's Office). Defendant was repre- basic skills of the trial lawyer and familiarize each segment attended. sented by Richard Burbidge (Burbidge and the practitioner with the peculiarities of Enrollment for the April 25 session may Mitchell) and Scott Daniels (Snow, local practice. be limited. Given that the February 22 ses- Chrstensen & Marineau). The moderator The remaining segments of the Trial sion w-as rapidly sold out, interested was Francis Carney (Suitter, Axland & Academy 1996 are: lawyers should register immediately for Hanson). All aspects of the selection of a April 25, 1996: Opening Statements Par II callng Monica Jergensen at the Utah civil jury in Utah were explored in this June 27, 1996: Direct Examination State Bar at 531-9077.
ii
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20 Vol. 9 No. 2 JOB ANNOUNCEMENTS
ASSISTANT DISCIPLINARY COUNSEL The Bar Commission has approved hiring an Assistant Disciplinary Counsel to fil a vacancy in the Office of Attorney Discipline. The Commission has delayed this hiring decision for several months in spite of a need that was perceived almost a year ago. By filing this position, our disciplinary counsel wil be better able to process complaints brought to the Office of Attorney Discipline and properly represent the Bar in those matters that are litigated in the District Courts. Responsibilities wil include the investigation and prosecution of attorney disciplinary actions in administrative proceedings and in the District Courts on behalf of the Utah State Bar. Trial and litigation experience is preferred. Excellent computer and administrative skils required. Salary from $35,000 to $40,000 with benefits. Equal opportunity employer. Submit resume to Stephen R. Cochell, Chief Disciplinary Counsel by March 22, 1996.
PART-TIME GENERAL COUNSEL The Commission has also authorized the hiring of a part-time attorney to perform general counsel duties at the Bar. Responsibilities wil include supervision of unauthorized practice of law cases; supervision of civil litigation involving the Utah State Bar; representation of the Bar on administrative appeals; appearance before the Utah Supreme Court on petitions and appeals; review of corporate documents; and providing assistance on admissions and employment issues. Salary negotiable. Equal opportunity employer. Submit resume to John C. Baldwin, Executive Director, by March 22, 1996.
JUDICIAL COMPENSATION COMMISSION The Bar Commission is soliciting names of lawyers who would be interested in serving on the Utah State Executive and Judicial Compensation Commission. The Commission is charged to made studies and formulate recommendations concerning the wage and salary classification plan for the executive and judicial branches of government. The Bar's representative has specific responsibility to be involved in judicial compensation. If you are interested, please send a letter to John C. Baldwin at the Bar Office by March 22, 1996.
-._- _._- - r .------~-- Thursday, March 28 9:00-12:00 Roy ( ) ( ) ( ) 9:00-12:00 Orem ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) 1:00-4:00 Tooele ( ) ( ) ( ) Friday, March 29 8:30-11:30 Roy ( ) ( ) ( ) 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:00-12:00 Orem ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) 1:00-4:00 Tooele ( ) ( ) ( ) 1:00-4:00 St. George ( ) ( ) ( ) Saturday, March 30 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 10:00-1:00 SLC (3rd C) ( ) ( ) ( ) 10:00-1:00 SLC (3rd C) ( ) ( ) ( ) 10:30-1:30 SLC (3rd C) ( ) ( ) ( ) 10:30-1:30 SLC (3rd C) ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) ~ 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) 1:30-4:30 SLC (3rd C) ( ) ( ) ( ) 1:30-4:30 SLC (3rd C) ( ) ( ) ( ) ~ 2:00-5:00 SLC (3rd C) ( ) ( ) ( ) 2:00-5:00 SLC (3rd C) ( ) ( ) ( ) Wednesday, April 3 9:00-12:00 Roy ( ) ( ) ( ) 9:00-12:00 SLC(PSC) ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) 1:00-4:00 Manti ( ) ( ) ( ) 1:00-4:00 Orem ( ) ( ) ( ) 1:00-4:00 SLC (Decker Lake) ( ) ( ) ( ) --I i i i i i i i i 1996 Mock Trial Schedule Name: Firm: Position: Address: Phone: Zip:
I have judged before. Yes _ No _ I wil judge _ (number) of mock trial(s). Please indicate the specific date(s) and location(s) that you wil commt to judge mock trial(s) during the months of March and ApriL. The dates and locations are fied; you will be a judge on the date(s) and time(s) and location(s) you indicate, unless several people sign up to judge the same slot. If that occurs, we wil call you to advise you of a change. You wil receive confirmation by mail as to the time(s) and place(s) for your trial(s) when we send you a copy of the 1996 Mock Trial Handbook. Please remember - all trials run approximately 2 1/2 to 3 hours and you will need to be at the trial 15 minutes early. We wil call one or two days before your trial( s) to remind you of your commitment. Please be aware that Saturday session wil be held on March 30th and April 13th. Multiple trials wil be conducted. Please give these dates special consideration. Specific addresses for all courtroom wil be mailed with the confirmation letter.
Date Time Place Preside Panel Comm.Rep. Monday, March 25 9:00-12:00 Orem ( ) ( ) ( ) 9:00-12:00 SLC (PSC) ( ) ( ) ( ) 1:00--:00 Orem ( ) ( ) ( ) 1:00--:00 Coalvile ( ) ( ) ( ) 1:00--:00 SLC (PSC) ( ) ( ) ( ) 1:00--:00 Roosevelt ( ) ( ) ( ) Tuesday, March 26 9:00--12:00 Orem ( ) ( ) ( ) 1:00--:00 Orem ( ) ( ) ( ) 2:00-5:00 Spanish Fork ( ) ( ) ( ) Wednesday, March 27 8:30-11:30 Roy ( ) ( ) ( ) 9:00-12:00 Orem ( ) ( ) ( ) 1:00--:00 Roy ( ) ( ) ( ) 1:00--:00 Logan ( ) ( ) ( ) 1:00--:00 SLC (Decker Lake) ( ) ( ) ( ) 1:00--:00 Orem ( ) ( ) ( ) 2:00-5:00 Spanish Fork ( ) ( ) ( ) Thursday, March 28 9:00-12:00 Roy ( ) ( ) ( ) 9:00-12:00 Orem ( ) ( ) ( ) 1:00--:00 Roy ( ) ( ) ( ) 1:00--:00 Tooele ( ) ( ) ( ) Friday, March 29 8:30-11:30 Roy ( ) ( ) ( ) 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:00-12:00 Orem ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00--:00 SLC (3rd C) ( ) ( ) ( ) 1:00--:00 Roy ( ) ( ) ( ) 1:00--:00 Tooele ( ) ( ) ( ) 1:00--:00 St. George ( ) ( ) ( ) Saturday, March 30 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 10:00-1:00 SLC (3rdC) ( ) ( ) ( ) 10:00-1:00 SLC (3rdC) ( ) ( ) ( ) 10:30-1:30 SLC (3rdC) ( ) ( ) ( ) 10:30-1:30 SLC (3rdC) ( ) ( ) ( ) 12:30-3:30 SLC (3rdC) ( ) ( ) ( ) 12:30-3:30 SLC (3rdC) ( ) ( ) ( ) 1:00--:00 SLC (3rdC) ( ) ( ) ( ) 1:00--:00 SLC (3rdC) ( ) ( ) ( ) 1:30--:30 SLC (3rdC) ( ) ( ) ( ) 1:30--:30 SLC (3rdC) ( ) ( ) ( ) 2:00-5:00 SLC (3rdC) ( ) ( ) ( ) 2:00-5:00 SLC (3rdC) ( ) ( ) ( ) Wednesday, April 3 9:00-12:00 Roy ( ) ( ) ( ) 9:00-12:00 SLCCPSC) ( ) ( ) ( ) 1:00-:00 Roy ( ) ( ) ( ) 1:00--:00 Manti ( ) ( ) ( ) 1:00--:00 Orem ( ) ( ) ( ) 1:00--:00 SLC (Decker Lake) ( ) ( ) ( ) Date Time Place Preside Panel Comm.Rep. Thursday, April 4 9:00-12:00 SLC (PSC) ( ) ( ) ( ) 1:00--4:00 SLC (PSC) ( ) ( ) ( ) Friday, April 5 1:00-4:00 Orem ( ) ( ) ( ) Monday, April 8 5:30-8:30 Logan ( ) ( ) ( ) 1:00-4:00 Coalvile ( ) ( ) ( ) 1:00-4:00 Coalvile ( ) ( ) ( ) Tuesday, April 9 1:00-4:00 Brigham City ( ) ( ) ( ) Wednesday, April 10 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) -1:00-:00 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 Logan ( ) ( ) ( ) Thursday, April 11 8:30-11:30 Roy ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) Friday, April 12 8:30-11:30 Roy ( ) ( ) ( ) 1:00-4:00 Castle Dale ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) Saturday, April 13 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:00-12:00 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 9:30-12:30 SLC (3rd C) ( ) ( ) ( ) 10:00-1:00 SLC (3rd C) ( ) ( ) ( ) 10:00-1:00 SLC (3rd C) ( ) ( ) ( ) 10:30-1:30 SLC (3rd C) ( ) ( ) ( ) 10:30-1:30 SLC (3rd C) ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 12:30-3:30 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) 1:00-4:00 SLC (3rd C) ( ) ( ) ( ) 1:30-4:30 SLC (3rd C) ( ) ( ) ( ) 1:30-4:30 SLC (3rd C) ( ) ( ) ( ) 2:00-5:00 SLC (3rd C) ( ) ( ) ( ) 2:00-5:00 SLC (3rd C) ( ) ( ) ( ) Monday, April 15 1:00-4:00 Delta ( ) ( ) ( ) Wednesday, April 17 9:00-12:00 Roy ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( ) 5:30-8:30 Logan ( ) ( ) ( ) Thursday, April 18 9:00-12:00 Roy ( ) ( ) ( ) 1:00-4:00 Roy ( ) ( ) ( )
Semi-Final Rounds (If you wil have judged previous mock trial) Monday, April 22 9:00-12:00 SLC ( ) ( ) ( ) 9:00-12:00 SLC ( ) ( ) ( ) 1:00-4:00 SLC ( ) ( ) ( ) 1:00-:00 SLC ( ) ( ) ( ) 1:00-4:00 Orem ( ) ( ) ( ) 2:00-5:00 Roy ( ) ( ) ( ) Tuesday, April 23 9:00-12:00 SLC ( ) ( ) ( ) 1:30-4:30 Orem ( ) ( ) ( ) 2:00-5:00 Roy ( ) ( ) ( ) 5:30-8:30 Logan ( ) ( ) ( ) Wednesday, April 24 9:00-12:00 SLC ( ) ( ) ( ) 1:00-:00 SLC ( ) ( ) ( ) 1:00-4:00 Orem ( ) ( ) ( ) 2:00-5:00 Roy ( ) ( ) ( ) Thursday, April 25 9:00-12:00 SLC ( ) ( ) ( ) 1:00-4:00 SLC ( ) ( ) ( ) 1:30-4:30 Roy ( ) ( ) ( ) 2:00-5:00 Orem ( ) ( ) ( )
Please mail this form to: Mock Trial Coordinator Utah Law-Related Education Project 645 South 200 East, Suite 101 Salt Lake City, Utah 84111 - BAR COMMISSION CANDIDATES- First Division Candidate JAMES C. serve as Chair-elect of the Utah Judicial to staff and officers. And, aggressive pros- JENKINS Conduct Commission, and as a member of ecution has been authorized to protect Before I com- the standing committee of the Judicial lawyers and the public from the unautho- menced my first term Council for the Evaluation of Judicial Perfor- rized practice of law. as Commissioner, I mance. With the creation of several new I look forward to the opportunity of announced the pur- judicial positions and the implementation of serving a second term. I consider it an pose of my candida- court consolidation, the size of the judiciary honor and a privilege to be a lawyer. I wel- cy was to provide has grown substantially. I recognize that in come any recommendations which will service to the mem- order for the system to function properly promote activity and improvement of our James C. Jenkins bers of the Bar and there must be a cooperative and professional Utah State Bar. First Division. For three years I have sought relationship between lawyers and judges. to increase public awareness of the valuable During the last year the Commission has Uncontested Elections. . . service provided by the profession and to redefined the vision and mission of the Bar. According to the Utah State Bar Bylaws "In the event an insufficient number of nom- improve public opinion of lawyers. I have We have reorganized the Office of Attorney urged the Commission to address public inating petitions are fied to require balloting Discipline and we are evaluating proposals in a division, the person or persons nominat- relations each time we are called upon to for improving the disciplinary system so as ed shall be declared elected." make decisions. to improve the public image of lawyers and James C. Jenkins is running uncontested I have also encouraged improved rela- insure fair and timely discipline. A new tele- in the First Division and wil therefore be tionships between the Bar and the bench. phone system has been installed at the Bar declared elected. Currently among my other responsibilities I offces which wil provide improved access
Third Division Candidates
JOHN A. ADAMS present the Annual Convention planning regardless of their John Adams has practiced in Salt Lake committee. types of practice or City since 1982 with the law firm of Ray, backgrounds. Quinney & Nebeker. His practice empha- Dear Colleagues: If elected to rep- sizes commercial litigation, insurance cov- Often times the worthwhile accomplish- resent you, I would erage disputes and environmental litiga- ments and quiet service of our Bar strive to serve with tion. He served as an ex officio member of Commissioners go unnoticed and unsung. the vigor, foresight, the State Bar Commission in 1985-86 when They probably prefer it that way because fairness and good he was President of the Young Lawyers' they are elected to govern effectively and judgment that you Section. He has served for nearly a decade solve problems, not attract notoriety. We John A. Adams expect and deserve. I on the Executive Committee of the Salt expect our Bar Commission to tackle and would like the opportunity to serve as your Lake County Bar Association and is the find the right solutions to difficult issues that representative and would appreciate your immediate past-President. He has served confront our profession. We expect them to vote and support. on various bar committees, including at make decisions that impact all lawyers fairly,
REXC.BUSH Resource Library at other networking activities. Rex Curtis Bush is a 1983 graduate of the Law and Justice Dear Colleagues: the U of U law school who has practiced Center; 2) helped I would like the opportunity to serve you since 1984 in a variety of settings including lobby for CLE Board as a member of the Bar Commission. If small firm, corporate and solo. He is a past approval of law office elected, I wil listen to your concerns and member of the Utah State Bar CLE management CLE work hard to support and strengthen your Committee, has served as a small claims programs; 3) sched- efforts to serve your clients and the public. court judge, and is currently a member of uled the first "Going To those ends I would greatly appreciate Utah Trial Lawyers Association, the Solo Seminar" for your vote. Annual Meeting Committee and Chair of Rex C. Bush attorneys planning to the Solo and Small Firm Committee. open their own practice; 4) established the In the past year the committee he chairs first Utah State Bar Solo and Small Firm has: I) established a Solo and Small Firm Network to foster referrals, mentoring and
March 1996 23 SCOTT DANIELS I promise to INSURANCE EXPERT "WITNESS make the Bar " Commission a high priority in my life Steve R. Love and with my time, and to work hard. Former Manager Travelers Ins., Claims · 40 years experience in insurance ii
Scott Daniels (801) 295-1682 r,
PAUL G. MAUGHAN He is associated with the Court Annexed the courts. I wil work i Paul G. Maughan has been practicing Alternative Dispute Resolution Program and hard to improve our law in Utah since 1974. He has had experi- assists the Law and the Elderly Committee. sense of pride in the 1i : ence working in private practice with a six- profession and to fos- I person firm and in the Salt Lake City Dear Colleagues of the Third District: ter a sense of accep- Attorney's Office. He is currently working I would like the opportunity to serve and tance and accessibility in the Salt Lake County Attorney's Office represent you as a member of the Bar Com- in each member and where he practices in the areas of environ- mission. There are many challenging and segment of the bar. mental law, real estate làw and eminent exciting issues now facing the Bar that wil I would very much domain. He is currently a member of the impact the way we practice law in the next Paul G. Maughan appreciate your vote. Courts and Judges Committee and the century, such as court consolidation, ADR Sincerely, Alternative Dispute Resolution Committee. programs, and the use of new technology in Paul Maughan
CHARLOTTE L. MILLER o Expanding the meth- members, to prepare for the future, and to I have served on the Bar Commission ods through which avoid unnecessary expenditures. for three years during which time some of members may attain o Continuing efforts to encourage a wide the accomplishments of the Bar Commis- their required CLE. spectrum of Bar members to participate sion include: o Analyzing the sys- in meaningful roles in the Bar. · Paying in full the mortgage on the Law & tem for providing Although the Bar is no longer facing finan- Justice Center. legal services to the cial difficulties, we need to be vigilant to o Successful prosecution of the unautho- poor and the impact keep it financially sound and effective. To me, rized practice oflaw. of that system on this means recognizing that the Bar cannot o Review of the Office of Attorney Charlotte L. Miller Bar members. be everything to everybody, but that the Bar Discipline. o Continuing review of the disciplinary needs to fulfil its obligations to its members o Survey of membership to determne needs. process. and be a leader in planning for the future. o Development of long range planning. o Exploring improvements to the Client I would appreciate your vote so that I I would like the opportunity to serve a Security Fund, without creating a financial may continue the projects I have begun, and second term as a Bar Commissioner. burden to Bar members. work on new projects that wil support Bar Responsibilities I believe wil be important o Reviewing each department of the Bar members and help the public understand in the next three years include: Office regularly to ensure it is serving Bar the value of lawyers and the legal system.
D.FRANK the Third Division, and he is of counsel to the perform many functions, hopefully with WILKINS firm of Berman, Gaufin, Tomsic & Savage. continuing improvement. None is more D. Frank Wilkins important than education through our Utah has served the Bar I would be honored, if allowed, to contin- Bar Journal; other publications (such as the and people of Utah ue to serve as one of your bar commissioners recently published Voir Dire quarterly as a Supreme Court for a second term. magazine by our Litigation Section); and Justice, District The Bar Commission triggers, or is our CLE conferences and seminars at less Judge, Chief Judge involved in, an ever expanding portfolio of expensive tuition costs than are usually of the District projects and programs. Most get high marks, charged. Also we are just aboard on the D. Frank Wilkins Courts of Utah, I think. But, are we in overload at times? computer internet - a universe, including Chairman of the Judicial Council, and has Yes. Why? Too many demands, though most education, may be unfolding here. received both the Outstanding Judge of the are praiseworthy, on available resources and I must end. Thank you. Year and Amicus Curiae Awards. capabilities. But enough on overload. Respectfully, He is presently a Bar Commissioner for The Bar Commission does, and should, Frank
24 Vol. 9 NO.2 Young Attorney Profile III Dave Doty
By Mark E. Burns
Disabilities Act. The Act requires that In addition to his ADA projects, Doty is After Younggraduating University's from J.Brigham Reuben schools evaluate policies, procedures, facili- responsible for managing a variety of other Clark law school in 1993, Dave Doty prac- ties, services and programs to determine civil rights issues, including sexual harass- ticed worker's compensation insurance whether persons with disabilities are treated ment awareness and investigation, race dis- defense with the Salt Lake City law firm of fairly. Consequently, Doty has prepared cost crimination and complaint resolution. The Hanson, Epperson & Smith. A unique estimates and developed a transition plan District sent him through formal mediation for changes to physical structures within training so he could serve as a due process opportunity presented itself in October of II 1994. The Davis County School District the District. "Basically," Dave asserts, "I hearing officer and dispute mediator. "In needed someone to help develop and need to determine where the barriers to terms of the investigation and complaint II implement policies and procedures access are and figure out what is needed to process," Doty asserts, "I am a fact finder, ii required by the Americans With remove those barriers." Conservative esti- a mediator and a neutral party. I just try to II Disabilities Act (ADA). mates for implementing changes to the sev- make sure the complaint is resolved equi- This was no small project. enty schools throughout the District exceed tably for everyone involved." Among other things, this person would $1.5 million dollars. Indeed, Doty's negotiation and media- have to coordinate the remodeling of facili- Doty is also the primary contact person tion skills have become such an asset that ties in seventy different schools within one for managing employee and student requests he has participated on the management of the largest school districts in the nation. for reasonable accommodations under the team in collective bargaining negotiations This year, the facilities renovation budget ADA. Davis County has published Doty's and other Districts have started to use him alone is expected to exceed $300,000. "The name and phone number throughout the to resolve some of their disputes, particu- title of my job is Compliance OfficerlEqual 60,000 student school district. Complainants larly in the special education arena. Education & Employment Opportunity call him if they are unable to reach a resolu- Doty's interest in education law dates (EEO) Coordinator, but the position actual- tion with a particular schooL. This can be back to his days as a graduate student at ly encompasses quite a few different things quite a challenge when you consider the fact Stanford University, where he received a beyond that," Dave explains. ''Im also sort that the Davis County School District is the Master's degree in Education and taught of an ombudsman." 60th largest school district in the country high schooL. "It was only after I took some As briefly mentioned above, Doty's pri- (there are approximately 15,000 school dis- public policy classes that I realized I was mary responsibility is to monitor and help tricts nationwide). The average school dis- interested in going to law schooL. We stud- facilitate the Davis County School trict in America has about five schools and ied the Constitution and how the courts District's compliance with Americans With 2,618 students. have been shaping what happens in schools
March 1996 25 and I just became fascinated with that. So I Coordinating large scale modifications to school district is that I am not only encour- applied to law school with the intention that facilities and District-wide policies requires aged but required to work in a team envi- hopefully I'd be able to use the training in that Doty work closely with the Distrct's ronment. To be successful I must work with an educational position someday. I've been seventy principals. As a result, Doty is fre- people to build consensus. I really enjoy really fortunate. Things have worked out quently on their agenda to discuss policy that. Besides that, the people I work with well for me." changes, legal issues or upcoming training are interesting. Depending on the day, I One of the things Doty enjoys about the sessions on civil rights matters such as sexu- may work with a student, parents, teachers eclectic natue of his position is the fact that al harassment awareness. Yes, he teaches or other professionals." he has the opportunity to work with many those training sessions as well. The other part of his job which Doty different kinds of people. Recently, he has Prioritizing renovation projects on this finds interesting is the intellectual chal- been working with the Davis County scale can be tricky. For now, Doty has rec- lenge. "Often, we are dealing with cutting- Attorney's Office, local law enforcement, ommended that the District focus on improv- edge legal issues like sexual harassment or school administrators, parents and commu- ing access for the disabled to its seven high First Amendment law. The issues receive a nity groups to help prevent crime in schooL. schools. Davis County's high schools serve great deal of publicity and are always As par of that effort, the committee has the largest number of students and are fre- changing." developed a "safe schools" policy which quently used by the public for extracurrcular On a personal level, Doty is married and addresses issues such as student searches, activities such as sporting events, Boy Scout has two children. He enjoys skiing, moun- weapons and truancy. meetings, community education and town tain bikng and running on weekends. He is Doty's experience in the workers com- meetings. Improvements wil star from the currently working on a Ph.D. in Educational pensation area has served him well. "My outside - wider parking spaces, wheelchair Leadership. With the course work behind work with Ted Kanell, Robert Wallace and curb cuts and removing physical barers to him, all that remains are the remaining the other attorneys at Hanson, Epperson has common areas are a few of the improvements chapters of his dissertation (which he really been helpful with these ADA requests. currently being implemented. expects wil take a year to complete). His For one thing, requests for accommodation One of the most interesting things about topic is the use of mediation to resolve civil necessarily involve mental and/or physical Doty's position is the fact that he must coor- rights disputes in public schools. disabilities. Doing workers compensation dinate his efforts with other agencies and In closing, Doty took a moment to and insurance defense helped me understand deparments. For example, in reviewing a reflect on his recent career change. "In law impaiment ratings and ask both physicians site to determine whether it meets the AD A's school, there was so much focus on work- and employees the right kinds of questions." accessibility requirements, Doty wil often ing for a firm. This position has made me Since par of Doty's primary responsi- do his "walk-throughs" with the person realize there are other options. A law bility is to monitor and audit each school's responsible for monitoring compliance with degree opens up so many doors. Right now, compliance with the ADA and other feder- safety and environmental regulations. "One I can't think of anywhere else I would al civil rights laws, the District felt it was of the things I like about working with the rather be." important to minimize external pressures on his position. Doty's offce is an indepen- dent entity and he is one of only a handful Volunteers Needed for of people who report directly to the Superintendent. YLD Service Project and Law Day
By Michael O. Zabriskie
The Young Lawyers Division needs help wil have April 13th and 14th to complete (both skilled and unskilled) for their Spring this project and then the section wil shelter Service Project. This year we are renovating numerous women and children. Weare also the Battered Women Shelter, a section of the looking for any in kind donations to Y.W.C.A. Last year this section housed improve this section. Any interested per- 1000 children and 600 battered women. The sons can contact Gar Winger at 521-5800 area can house 55 women and children at a or Brad Helesten at 363-7611. time. Because of the high demand and use of Fox 13 television and AT&T are spon- this facility it drastically needs immediate soring Call A Lawyer again this year. Law attention. Volunteers wil help paint, refur- Day, May 1st 1996, from 7:00 p.m. to bish, drywall, replace caret, clean, move 10:00 p.m. Viewers can call a toll free num- furniture, and basically everything else that ber and get some direction to their legal needs to be done. problems. This event was highly successful The Shelter staff is enthusiastic and sup- last year and we need even more volunteers portive about this refurbishment. Because of to man the phones. For more information or the ongoing function it is difficult to arange to sign up to help call Steven Shapiro at such an overhaul and stil accommodate 532-5444. those individuals staying at the shelter. We
26 VaL. 9 No. 2 The State of the Judiciary
Delivered by Chief Justice Michael D. Zimmerman January 15,1996
MICHAEL D. ZIMMERMAN has served on the Utah 1896 document expressly alludes to this Supreme Court since 1984, and has served as Chief Justice fact. In article VII, it directed the courts to GovernorSpeaker Leavitt, Brown, President legislators, Beattie, and since 1993. He received his Juris Doctorate from the fellow citizens. On behalf of the Utah University of Utah in 1969, graduating first in his class. work with the other branches on matters of Judicial Council, the elected body of judges Additionally, he served as Note Editor of the Utah Law law reform. It stated in part, that "(dJistrict Review and was elected to the Order of the Coif After judges may, at any time, report defects and that sets policies for the administration of graduation, he served as law clerk to Justice Warren E. the courts, the Utah Supreme Court, and the Burger of the United States Supreme Court. Thereafter,' omissions in the law to the supreme court, entire Utah judiciary, I thank you for this Chief Justice Zimmerman worked in Los Angeles, and the supreme court, on or before the first California for the law firm of 0 'Melveny and Myers. day of December of each year, shall report opportunity to report on the state of the In 1976, he returned to Utah and became an associ- Utah judiciary. On this celebration of ate professor of law at the University of Utah. In 1978, in writing to the Governor any seeming Utah's centennial as a state, I would like to Chief Justice Zimmerman returned to private law practice defect or omission in the law." in Salt Lake City with the law firm of Krause, Landa, The particular provision requiring a touch only briefly on issues confronting the Zimmerman, and Maycock, and later, with Watkiss and judiciary that we wil present to you this Campbell. During this time, he also served as a part.time report from the Supreme Court to the session. Instead, I want to take a broader member of the staff of Governor Scott M. Matheson. Governor was removed in the 1985 revision Chief Justice Zimmerman has served on numerous of the judicial article as surplusage, but the view, to celebrate our past while assessing boards and committees including the Utah Judicial the challenges of our future. Council, the Federal Rules Advisory Committee, the tradition continues of the judiciary fre- Much has changed in the hundred years Task Force on Gender and Justice, the Alternative Dispute quently consulting and working with the Resolution Task Force, the Utah Legal Services Corpo. other branches on matters affecting the since Utah assumed its position as a full ration, the Snowbird Institute of Arts and Humanities, partner in the Union. The original Utah con- the American Law Institute and the Utah Future/Project administration of justice. This is a responsi- stitution has been amended many times in 2000. In 1988, he was named as "Appellate Court Judge bility we take seriously. of the Year" by the Utah Bar Association. Fortunately, our interaction is not limit- the past century, but the basic structure has Chief Justice Zimmerman is the father of three remained unchanged. We are stil divided daughters and was married to the former Lynne ed to the one annual message mentioned in into three separate branches - the legislative, Mariani, who died in 1994. the old constitutional provision. If it were, executive, and judiciaL. And each branch is this speech would be far longer than I would stil charged with responsibilities unique to like to give and you would like to hear. it. While each may have a unique role, and for good reason: it has worked welL. But during the year there are many other together we compose one government with The necessity for a collaborative effort occasions, formal and informal, for the one overarching mission - to serve the peo- among all the branches of government, judicial branch to make detailed presenta- ple efficiently and with vision. To accom- including the judicial, on issues not specifi- tions on budget and programmatic needs, plish that, all of government must work col- cally allocated to one branch, was part of the and to discuss matters relating to the laboratively on issues of common concern. vision of the drafters of the original constitu- administration of the law. I meet regularly This has not changed in one hundred years, tion. Unlike many state constitutions, the with the Governor and with legislative
March 1996 27 leadership on matters of mutual concern. selecting and retaining judges based on their tory divorce education program. We offer Judges and administrative staff participate individual merit, machinery that has pro- civil litigants court annexed alternative dis- on and report to legislative and executive duced a quality judiciary without a hint of the pute resolution mechanisms for those who branch study and oversight committees. scandal or partisanship that taints too many would prefer to use means other than a trial Legislative and executive branch staff systems across the country. to resolve their disputes. Utah is a leader in attend meetings of the Judicial Council and Similarly, the administrative arm of the taking advantage of technology to stream- its subcommttees, as well as the various judicial branch is well structured, due in line the courts' handling of information. rules commttees of the Supreme Court. large part to the 1985 amendment of the judi- We already have instituted electronic filing And the Supreme Court, in its constitution- cial article which you proposed. It is strong of court documents on a pilot basis. We al rulemakng capacity, routinely seeks and flexible, able to address the needs of the have recently begun placing Quickcourt comment from legislative staff and your present and plan for the future. It functions kiosks around the state, makng us one of Judicial Rules Review Commttee so that smoothly, under the leadership of the only three states to use such technology. our rules process operates with full aware- Judicial Council and our new state court Through use of these touchscreen computer ness of your concerns. Last, but not least, administrator, Daniel Becker. It is generally terminals, citizens without lawyers and during the session, the judiciar partici- considered one of the nation's best judicial without legal knowledge can prepare docu- pates in the legislative process on matters administrations. ments needed to institute simple court of concern to the justice system. At the end of our first centu, the judicial actions. This gives meaningful access to the This active collaboration among the branch's performance matches the promise courts for a broader segment of the popula- three branches of government is one of the of its structure. In the courtrooms, our judges tion. We are a leader in judicial branch edu- success stories of the first century of Utah's and staff are handling ever increasing case- cation, not only for judges, but for court statehood. It is a tradition we commt to loads ever more efficiently. Their efforts support personnel, who play a critical role continue through the next century. have made Utah's case processing times in handling the needs of the public. And we The fruit of this collaboration is a judi- among the quickest in the nation. were recently cited by the Wall Street ciary that serves all Utahns. The strcture In the area of judicial administration, we Journal as having one of the most compre- of the court system as it has evolved over can be flattered by the number of times that hensive and effective juvenile court work the past century is sound and progressive. our programs have been replicated by others. restitution programs in the country. We have good machinery in place for We have instituted the first statewide manda- As we stand at the close of Utah's first
ict Court Felony Case load Comparison /it-Risk Adult Population
230,000 14,000 :: 220,000 : - 12,000 .-: ¡ ...:.', 210,000 - 10,000 ''¡' .k ~ : : .k : : : : : -- s: : : 200,000 : : : -I :: : ::: 8,000 : : :: : / : : : : : : : : : : 7 : : : : ::::: 180,000 ~ : :: : : -I : : 6,000 i0 ,J : : : : : : : - .. .. - .. LY :: : 180,000 .. : : 4,000 : : : :;. : - :: "'. :: : : : 170,000 : : : : -:2,000 : : : : : :.:. : .... : : : : ~::l in:i¡i::: :::: 180,000 D ° "" LO CD r- 00 en LO CD r- 00 CD Cl 00 00 00 00 00 00 enCl CD.. enN C'CD ""CD en en en en en Cl en.. en en.. ..en ..CD CD.. CD.. CD.. en.. CD.. ..CD ..en ..en ..en ..en en.. ClN
D 18-24 population 1-- DistrtCourtCaseload I
28 Vol. 9Na. 2 ~ century, we can be pleased about how we efforts have yielded other information as to closely to the sharp increase in the propor- have met its challenges. It is now incum- the resources we wil need to meet the chal- tion of the population consisting of nine- bent upon us to prepare to confront the next lenges of the next century. I wil not burden teen to twenty-four year old young adults. century and its unique demands. this speech with details of resource requests This group is the most crime prone segment To that end, the Judicial Council is we are making for the current year. But I do of the adult population. engaged in an ongoing comprehensive want to give you some idea of the rather dis- If these trends in criminal filings contin- planning process. That process sometimes turbing trends we see. ue - and, based on the demographics, we leads to proposals for changes in court fully expect them to do so - the conse- organization so that we can better respond quences wil be serious indeed for the entire to a dynamic environment. This year, we court system. Because statute and constitu- wil finish the final phase of consolidation "This active collaboration among tional law require that criminal cases be of the district and circuit courts. Consolida- handled before civil, ballooning criminal tion wil permit more efficient and more the three branches of government is filings wil occupy more of our judges' flexible use of our limited judicial resources. one of the success stories of the first time, with consequent greatly increased Looking ahead, after consolidation is century of Utah's statehood." delays in civil case processing times. We completed, the Judicial Council wil take are already seeing a lengthening of the time up the question of whether or not a family it takes to dispose of civil cases. (I have court should be instituted. Such a court's attached to the printed version of this docket would bring together family issues speech several charts which depict these Over the past few years, the courts have in one forum. It would include the domestic trends graphically. I think you wil agree experienced increases in filings that are to be work of the District Court and all matters that these figures raise cause for concern.) expected in a rapidly growing state. But of currently heard by the Juvenile Court. No To date, we are coping with these trends. particular concern has been the unprecedent- But it is important to recognize that if they conclusions have been reached as to the ed rate of increase in criminal filings, wisdom of such a change, but together, we continue, a significant infusion of resources increases that far outstrip our rate of popula- need to carefully study all proposals that wil be needed to keep the judicial system tion growth. Since 1993, misdemeanor fil- may result in greater flexibility and more performing as the public and the business ings are up 21 %, and felony filings are up effective service to the public. community have come to rightly expect. 31%. Statistics suggest that these are not Beyond the question of the system's In concluding, I would like to take the temporary aberrations. They correspond structure, the Judicial Council's planning opportunity presented by this historic occa-
Court Growth in Criminal Filings
Felonies .:. Misdemeanors .:. 31 % Increase Since' 93 .:. 21 % Increase Since '93 30,000 80,000
26,000 70,000
22,000 - 60,000 1 S,OOO
50,000 14,OOO
10,000 40,000 1993 1994 1995 1993 1994 1995
March 1996 29 sion to thank those who have helped make our justice system one of which we can all be proud. I include all of you serving in this CNA: chamber, as well as those who served Å before you. I include not only Governor The choice Leavitt, but prior governors who have led ---..~---..Q with vision and courage. for dependable I also applaud present and past members of our judicial family. I am speaking not Professional Liability Insurance only of my colleagues on the Supreme Providing dependable professional professional liability insurance for Court, or even judges as a whole. I, and all liability protection for lawyers requires lawyers through the Lawyer's Protection members of the judiciar, recognize the an insurer with a solid financial Plan"'. CNA is a major property/casualty backbone of this system that is made up of foundation. Because. in addition to group that has eared high financial the clerks, probation officers, and adminis- individual policy features, you also are ratings from all four financial services * . trative staff who are "the courts" to most paying for your insurer's ability to pay For additional information, contact your claims. Sedgwick James. citizens. All I have mentioned are responsi- Continental Casualty Company, one of ble for the excellence of our judicial system the CNA Insurance Companies, offers . A.M. Best. Standard &: Poor's, Moo)'s. Duff &: Phelps at the close of its first one hundred years, and its bright prospects for the next. I look forward to working closely with \.~ you in the coming session and beyond to 'li~ provide the people of the state with the jus- Sedgwick tice system they deserve. Phone Sedgwick James of Idaho Thank you. C'NA 800-523-9345 (Idaho) For All the Comitments You Make" 800-635-6821 (Utah) ~'Mè!ll,/,5:tN The Lawyer s Protec,ion Plan- is a registered traemark of Poe & Brown. Inc.. Tampa. Florida. and is unde""'riiien by Continental Casuali)" Compan)'. one of 1M CNA Insurae Companies. CNA is a registered service mark of the CNA Finaial Corporation, CNA Plaza. Chicago. IL 605.
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30 Vol. 9 No. 2 Stress Management for Lawyers
By Amiram Elwork, Ph.D.
Reviewed by Cherie P. Shanteau
third of all lawyers show symptoms of clini- manual providing techniques to help us StressMany is a of way us pride of life ourselves for lawyers. in our cal depression and substance abuse (14% of more effectively deal with "distress". ability to endure frightening amounts of depression, 13% problem drinking, 5% Takng the time to use the various tech- stress on a daily basis. Unfortunately, the both). Heart disease and physical ilness are niques is the challenge. The relaxation consequences of chronic stress can be dev- also strongly linked to occupational stress techniques are the easiest. You can do them astating. The author, Amiram Elwork (A among lawyers. Very few of us can deny our in your office and it doesn't take much Ph.D. clinical psychologist in Philadelphia familiarity with the ravages of distress. time. Elwork also suggests improving your who specializes in serving the legal com- Environmental stressors like time pres- work environment. He endorses improving munity), wrote Stress Management for sures, work overload, competition, the econ- work environments by establishing alterna- Lawyers as a manual to help us learn some omy and office politics all interact with our tive work schedules, lower bilable hour practical stress management skills. It is a peculiar personalities. Paranoia reigns supreme. requirements, improved communication quick read, and if used as a reference guide, Aggression, selfishness, hostility and cyni- with associates and clients. He also sug- can help us understand how stress and dis- cism are the norm. Justifiable paranoia and gests encouraging support for lawyers seek- tress impact us. workaholism are a way of life. I personally ing psychological counseling and treat- Stress, he indicates, is inevitable and can squirmed when Elwork described "paranoid ment. Effective time use, streamlining energize and motivate us to solve problems ideation", the diagnosis for mentally ill scheduling and discovery procedures and and be creative. Getting rid of all stress is patients having unwarranted suspicions promoting reforms like alternative dispute both naive and harmfuL. Distress, on the about the actions of other people. The most resolution methods are other suggestions. other hand, can be extremely destructive. It common effects of clinical paranoid thinking The toughest challenge presented by is characterized by negative emotions like include "generalized irritability, anxiety and Elwork is unlearning old, unhealthy habits fear, anxiety, shame, guilt and anger (sound fear, along with physical symptoms like 'but- and replacing them with new ones. Elwork familiar?). He says that when these emo- terfles in the stomach' and insomnia. These provides a series of exercises for evaluating tions are chronic and strong, they tend to emotions drive paranoid people to invest and improving what he deems dysfunction- destroy our ability to enjoy life, stay enormous amounts of energy into thinking of al thinking habits. I think they're probably healthy and work productively. ways to avoid anticipated harm." Are we great, but when I tried to follow the instruc- The statistics are not pretty and not a busy creating a day-to-day atmosphere of tions and log my full reaction to daily dis- surprise. We are apparently at twice the risk mental ilness in our law offices? tress, I found that I was consistent the first for physical and mental ilness as the gen- The good news is that we can do some- three times and then found myself over- eral population. Recent surveys in thing about all that distress. Stress whelmed by the events of the day and never Washington and Arizona found that one- Management for Lawyers is a step-by-step got back to my charting. This happened
March /996 31 time and time again until I decided that I continuedfrom pg 10 of addressing a woman as "Mr." would put that par off until my life settled If the legal community cannot get along down (fat chance). has nothing to do with women; it applies only without a distinctive honorific, what's I doubt' anyone wil disagree with the to males. In a day and age when almost half wrong with "Attorney at Law"? Or author's premise that we need to improve of law school graduates are female, does it "Lawyer"? Or even "Counselor"? These the way we look at life, to pay more atten- make sense to adopt a term of address whose terms are honest, historically accurate, and tion to our emotional framework, and ulti- only apparent defining limitation is its exclu- gender-neutral. mately to our physical responses to emo- sion of women? It is the female of the legal We should exile this odious pretension tions. Even if you only use a small porton species who should chafe most at the law's as we have horsehair wigs and gold collar of the techniques provided in this manual, misappropriation of "Esquire". Addressing buttons. Our Ancient and Honorable the pay-off wil be substantial. E1work is lawyers as esquires is the exact equivalent of Profession deserves better than to be identi- right - for our health and well-being, we all referrng to all members of a mixed audience fied with assistants to an extinct class of need to implement a plan for self-evalua- as "gentlemen" and ignoring the "ladies", or English horse soldier. tion and reflection about improving the quality of our lives.
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Where Can We Turn? is a manual for parents with troubled children. It was writ- ten to help parents evaluate treatment facil- ities, the level of care their child needs and even financial arrangements and insurance coverage. The authors provide parents with a series of questions to ask treatment facili- ties. Fortunately, I have not had to become an expert on treatment programs (knock on wood), so I had my husband, the psychia- trist, review this manuaL. He reports that it is very thorough and gives it an "A". Where CONFIDENTIAL FACILITY Can We Turn? he says, is a concise, thor- ough outline of issues you need to under- QUICK,QUALlTY, OVERNIGHT stand and questions you need to ask before AND SAME-DAY SERVICE entering your child into a treatment pro- gram. If a facility responds well on all of FULL COLOR COPIES the issues, it wil be a well thought out, well developed program. Parents who ask these COpy SERVICES AVAILABLE questions wil be well-educated about the essentials of treatment for troubled kids. 24 HOURS - 7 DAYS FREE PICK - UP & DELIVERY 328-8707
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32 Vol. 9 No. 2 - l
. ~ . ~ . FOUNDATION - CORPORATION KITS FOR UTAH 1995 IOLTA Grants Application Process COMPLET OUf In June 1996, the Board of Trustees of who participate in the IOLTA Program. $52.95 Pre-prite By-Laws. miute & resolutions prite stok the Utah Bar Foundation wil award its Attorneys who are not currently enrolled in certifcate & ful page stubs, corprate sel w/pouch, binder & annual grants to Utah organizations that (1) the program may obtain an authorization slipcae. index ta & ta form for EIN & S Corporation. promote legal education and increase form from the Bar Foundation office. Complete kit wlo pre-prited By-Laws & miute. 50 shls bond pape. knowledge and awareness of the law in the Organizations seeking grants may obtain $49.95 $4.00 additiona S & H pe kit (uS Groimd). community, (2) assist in providing legal an application form from the Bar Nex day deliver available on reqes services to the disadvantaged, (3) improve the Foundation office in the Utah Law & Justice Kit wlo se $4.95 plus S & H administration of justice, and (4) serve other Center, 645 S. 200 East, Salt Lake City, worthwhile law-related public purposes. Utah 84111 (531-9077). The application The Trustees occasionally consider consists of a financial report and a narrative grant requests that are not made as part of proposal not to exceed eight pages. The the yearly grant cycle, but only in very Trustees prefer proposals that are specific unusual circumstances. The Board prefers about the purpose of the request and how to consider grant applications together in the funds would be used. June of each year so that the funds available The deadline for submitting applications may be equitably allocated among the for i 996 grants to the Bar Foundation many deserving organizations. office is MAY 31, 1996. The funds available for grants are gener- ated by interest on trust accounts of lawyers OTHER PRODUCTS . NON-PROFIT OUTIT $59.95 . LTD. LIABILITY CO. OUTIT $59.95 Notice of Election . LTD. PARTNRSHI OUT $59.95 . FAMY LTD. PART. OUTIT $59.95 NOTICE IS HEREBY GIVEN, in Submission of a nominating petition identi- . SEAL W/POUCH (CORP., NOTARY) $25.00 accordance with the Bylaws of the Utah fying the nominee (who must be an active . STOCK CERTS & STUS (20) $25.00 Bar Foundation, that an election of three attorney duly licensed to practice law in trustees to the Board of Trustees of the Utah and signed by not less than 25 attor- NEW!!! Utah Bar Foundation will be finalized at the neys who are also duly licensed to practice EXHIT INEXES & CLOSING SETS annual meeting of the Foundation held in law in Utah) should be mailed to the Utah WE STOCK A LAGE INNTORY conjunction with the 1996 Annual Meeting Bar Foundation, 645 South 200 East, Salt OF EXHIT INEXES of the Utah State Bar in Sun Valley, Idaho. Lake City, UT 84111 so as to be received (ALHAETICAL & NURICAL), The three trustee positions are currently on or before APRIL 30, 1996. CLOSING SETS (ALHAETICAL & held by James B. Lee, Joanne C. Slotnik, Nomination petitions can be obtained at NURICAL), BLA WRTABLE and Stewart M. Hanson, Jr. The term of the Foundation office or requested by tele- TABS & SPECIATY INEXES. ALL office is three years. :ROR QIDCK SHIMENT. CALL FOR phone - 531-9077. The election will be PRICING INO. MI FOR QUANTITY Nominations may be made by any mem- conducted by secret ballot which wil be DISCOUNTS. ber of the Foundation. (Every attorney mailed to all active members of the licensed to practice law in the State of Utah Foundation on or before May 31, 1996. ORDER TOLL FREE! is also a member of the Foundation.) PHONE 1-800-874-6570 FAX 1-800-874-6568 ORDERS IN BY 2 PM MT SHIPPED SAME DAY WE WILL BILL YOU WITH YOUR ORDER. Annual Community Service Scholarships SATISFACTION GUARTEED. CORPORATION OUfITS REQUIRE TIE FOLLOWIG INFORMTION: At its April 1996 meeting, the Utah Bar munity by performing community service. Exact name of the corpration, state & yea of incorpration, tota shares of stock authorid with par value (or no par), preferred shares, Foundation will review applications and Applicants should send resumes to the complete or w/o By-Laws. NO CHGE FOR STANAR CLUSES wr KI PURCHE. award a $3,000 scholarship to a Brigham Utah Bar Foundation listing the organiza- SPEC CLUSES AN MUTILE CLES OF STOC EX CHGE. Young University Law School student and tions or beneficiaries receiving their ser- to a University of Utah College of Law vice, describing the service performed, and CORP-KIT NORTHWEST, INC. student. naming individuals who can be contacted 413 E. SECOND SOUTH To qualify to receive one of these schol- regarding that service. The deadline for BRIGHAM CITY, UT 84302 arships, one must have participated in and submission of resumes is APRIL 1, 1996. SERVIG TH NORTHST made a significant contribution to the com- - March /996 33 ~CLECALENDAR~,i/.'" ADVANCED ADVOCACY & Time: 5:30 p.m. to 8:30 p.m. Fee: $160.00 (To register, please PROFESSIONAL RESPONSIBILITY: Place: Utah Law & Justice Center call1-800-CLE-NEWS) KEITH EVANS Fee: $30.00 for Young Lawyers CLE Credit: 4 hours Date: Friday, March 1, 1996 Division Members; Time: 9:00 a.m. to 5:00 p.m. $60.00 for all others NLCLE WORKSHOP: Place: Utah Law & Justice Center CLE Credit: 3 hours FAMILY LAW BASICS Fee: $150.00 before February 23, 1996; $175.00 after ALI-ABA SATELLITE SEMINAR: Date: Thursday, April 18, 1996 February 23, 1996 PLANNING & USING LIMITED Time: 5:30 p.m. to 8:30 p.m. CLE Credit: 6 hours, which includes LIABILITY VEHICLES Place: Utah Law & Justice Center 3 in ETHICS . Date: Thursday, March 21, 1996 Fee: $30.00 for Young Lawyers Time: 10:00 a.m. to 2:00 p.m. Division Members; 1996 MID-YEAR CONVENTION Place: Utah Law & Justice Center $60.00 for all others Date: Thursday, March 7 - Fee: $160.00 (To register, please CLE Credit: 3 hours Saturday, March 9, 1996 call1-800-CLE-NEWS) Place: Holiday Inn, St. George, Utah CLE Credit: 4 hours NLCLE WORKSHOP; CLE Credit: 7.5 hours which includes up LA W OFFICE MANAGEMENT to 2.5 in ETHICS ALI-ABA SATELLITE SEMINAR: (An additional 2.5 hours is ESTATE PLANNING Date: Thursday, May 16, 1996 available through the Salt PRACTICE UPDATE Time: 5:30 p.m. to 8:30 p.m. Lake County Bar) Place: . Utah Law & Justice Center Date: Thursday, March 28, 1996 ***Watch your mail for a Fee: $30.00 for Young Lawyers more detailed brochure. *** Time: 10:00 a.m. to 2:00 p.m. Division Members; Place: Utah Law & Justice Center $60.00 for all others ALI. ABA SATELLITE SEMINAR: BROWNFIELDS REDEVELOPMENT: Seminar fees and times are subject to change. Please watch your mail for brochures and mailings on CLEANING UP THE these and other upcoming seminars for final information. Questions regarding any Utah State Bar URBAN ENVIRONMENT CLE seminar should be directed to Monica Jergensen, CLE Administrator, at (801) 531.9095. Date: Thursday, March 7, 1996 r------, Time: 10:00 a.m. to 2:00 p.m. Place: Utah Law & Justice Center CLE REGISTRATION FORM Fee: $160.00 (To register, please TITLE OF PROGRAM FEE call 1-800-CLE-NEWS) CLE Credit: 4 hours 1.
MANAGING YOUR 2. FIRM FOR SUCCESS Date: Thursday, March 14, 1996 Time: 4:00 p.m. to 7:00 p.m. Make all checks payable to the Utah State Bar/CLE Total Due Place: Utah Law & Justice Center Fee $60.00 CLE Credit: 3 hours Name Phone
Credit Card Billing Address ALI-ABA SATELLITE SEMINAR: City, State, ZIP HOW TO HANDLE BASIC COPY- Bar Number American Express/MasterCard/VISA Exp. Date RIGHT & TRADEMARK PROBLEMS Date: Thursday, March 14, 1996 Signature Time: 9:00 a.m. to 4:00 p.m. Place: Utah Law & Justice Center Please send in your registration with payment to: Utah State Bar, CLE Dept., 645 S. 200 E., S.L.C., Utah 84111. The Bar and the Continuing Legal Education Department are working with Sections to provide a full complement of live semi. Fee: $249.00 (To register, please nars. Please watch for brochure mailings on these. call1-800-CLE-NEWS) Registration Policy: Please register in advance as registrations are taken on a space available basis. Those who register CLE Credit: 6 hours at the door are welcome but cannot always be guaranteed entrance or materials on the seminar day.
Cancellation Policy: Cancellations must be confirmed by letter at least 48 hours prior to the seminar date. Registration NLCLE WORKSHOP: fees, minus a $20 nonrefundable fee, will be returned to those registrants who cancel at least 48 hours prior to the seminar LANDLORD/TENANT LAW date. No refunds will be given for cancellations made after that time. Date: Thursday, March 21, 1996 NOTE: Jt is the responsibility of each attorney to maintain records of his or her attendance at seminars for purposes of the 2 year CLE reporting period required by the Utah Mandatory CLE Board.
34 Vol. 9 NO.2 - --CLASSIFIED ADS- oRATES & DEADLINES Dynamic downtown Salt Lake City litigation firm can. $60. per hour + travel expenses. Contact John seeks energetic, talented associate with 1-4 years Palley (g (916) 455-6785 or Palleyj (gaol.com. Utah Bar Member Rates: 1-50 words - of good legal training. Excellent salar and benefits. Part-time or contract work in writing/ research $20.00/51-100 words - $35.00. Confidential All resumes received in confidence. Send resume box is $10.00 extra. Cancellations must be in to: Maud C. Thurman, Utah State Bar, Box #17, sough by attorney with excellent credentials writing. For information regarding classified 645 South 200 East, Salt Lake City, UT 84111. (Moot Court, law review Coif, Phi Kappa Phi) advertising, please contact (801) 531-9077. and background in civil litigation and civil/crim- Classifed Advertising Policy: No commer- Jardine, Linebaugh & Dunn, AP.C., a mid- inal appellate work. Licensed in Utah and cial advertising is allowed in the classified sized downtown law firm, seeks an associate with Colorado. For discovery, motions, briefs, advertising section of the Journal. For display 1-4 years of litigation experience, good academic research, call M. Boudreau, (g (801) 466-6531. advertising rates and information, please call credentials, and strong writing skils. All inquiries wil be kept strictly confidentiaL. Please send your ATTORNEY: Former Assistant Bar CounseL. (801) 532-4949. It shall be the policy of the Utah resume to Judy A. Wilcox, Jardine, Linebaugh & Experienced in attorney discipline matters. State Bar that no advertisement should indicate Familiar with the disciplinary proceedings of the any preference, limitation, specification or dis- Dunn, 370 East South Temple, Suite 400, Salt Lake City, Utah 84111. Utah State Bar. Reasonable rates. Call Nayer H. crimination based on color, handicap, religion, Honarvar. LAHERTY & ASSOCIATES, 9 sex, national origin or age. Logan firm needs an attorney with excellent cre- Exchange Place, Suite #400, Salt Lake City, UT Utah Bar Journal and the Utah State Bar dentials and several years experience in estate 84111, Call (801) 583-0206 or (801) 359-8003. Association do not assume any responsibility for planning, pension/profit sharing, and corporate an ad, including errors or omissions, beyond the work. Send resume to: Hilyard, Anderson & Contract/project work sought by former law cost of the ad itself. Claims for error adjustment Olsen, 175 East 100 North, Logan, Utah 84321. review editor and judicial clerk. 13 years of prac- must be made within a reasonable time after the tice. Significant experience in criminal defense ad is published. Senior City Attorney (Pay Level 613, $3872 - and environmental, securities, commercial, and CA VEA T - The deadline for classified $4996) or Assistant City Attorney ii (Pay Level other civil litigation. Skilled in pretrial, post- advertisements is the first day of each month 609, $3081 - $3975) Depending on Qualifications conviction, and appellate advocacy in both State prior to the month of publication. (Example: and Experience: The Salt Lake City Attorney's and Federal courts. References from satisfied, May 1 deadline for June publication). If adver- Office, which provides legal services to the City repeat attorney clientele. Call (801) 467-3125. tisements are received later than the first, they Council and Salt Lake City Government wil be published in the next available issue. In Administration, is seeking an individual to pro- Keller Legal Assistant Service: Contract work addition, payment must be received with the vide responsible and complex legal work includ- assistance with all aspects of civil litigation (spe- advertisement. ing representing the City in civil proceedings in cialty - family law). Organization, discovery, trial Federal and Utah State Courts and administrative preparation. Dee Ann Keller: (801) 531-0435 or BOOKS FOR SALE proceedings. Supervises and performs difficult (80 I) 466-8205. legal research and prepares ordinances, resolu- BOOKS FOR SALE: FEDERAL REPORTER, Solo practitioner admitted to UT seeks contract VOLUMES 98Z F .zd through G5f3d, mint con- tions, contracts, leases and memoranda for study or project work in the areas of: corporate and and consideration by the City Attorney and/or dition, cost $2,700, wil sacrifice for $1,000. partnership taxation, partnership or corporation Contact Robert Heineman (g (801) 532-5444. other City Officials. Prepares and reviews legal to LLC conversions, trusts, estate planning opinions and advises Department Heads, and (including gift, estate and GST taxation), For sale - complete set of Utah Code Annotated employees on legal questions. The Senior level, planned giving or qualified plans. $25.00 per in new condition. $650 new, wil sell for $500. requires a JD or LL.B. degree and six years full hour or flat rate. Call Ken (g (801) 355-1345. Call Sykes & Vilos (g (801) 533-0222. time paid employment in the practice of law o including litigation experience. The Attorney ii , OFFICE SPACE/SHARING POSITIONS A V AILABLE level requires a JD or LL.B. degree and four years OFFICE SPACE FOR RENT: Choice office Large Salt Lake City law firm is seeking one of full time paid employment in the practice of law, including litigation experience. Must be a space for rent in beautiful, historic building in or more experienced patent/intellectual property member in good standing with the Utah State Bar. Ogden, Utah. Several offices available. For attorneys to head its section in firm. At least five Preference wil be given -to candidates that have information, please contact (80l) 621-1384. years experience necessary with good academic credentials. Competitive salary and benefits. extensive litigation, land-use, construction law, or employment law experience. Total compensation Newly remodeled professional offices. Two Please send resume to: Maud C. Thurman, Utah suites. 750 or 1500 square feet. Parking. 320 includes extensive benefits package including State Bar - Box 15, 645 South 200 East, Salt South 300 East (80 i) 328-4981 Lake City, UT 84111. paid leave (sick, vacation, holidays, etc.) and a variety of insurance plans (medical, dental, life, LA W FIRM IN HISTORICAL SALT LAKE Small established firm (A V rating) considering' etc.). EOE Apply at Salt Lake City office of STOCK AND MINING EXCHANGE BUILD- potential for economies of scale through expan- Employee Services, 451 South State, Suite 115 or ING at 39 Exchange Place. Has one office space sion. Seeking persons or firms who might con- FAX resume to (801) 535-6614 by March 22, available with large secretarial area. sider joining us as shareholder(s), or through 1996 at 5:00 p.m. Receptionist, conference room, fax, copier, large merger. Candidate's practice must be self-sus- . POSITIONS SOUoGHT law library, parking, kitchen. Also available is taining. Inquiries kept confidentiaL. Please 844 square ft. suite, includes small conference respond with letter and resume(s) to: Maud C. I am admitted to both CALIFORNIA and UTAH, room and reception area. Contact Joanne Brooks Thurman, Utah State Bar - Box #18, 645 South and based in Sacramento. I wil make appearances (g (80l) 534-0909. 200 East, Salt Lake City, Utah 841 i i. anywhere in California, or help in any other way I
March 1996 35 .. OFFICE SHARING SPACE AVAILABLE in EXPERT WITNESS-TRUST & BANK degree in a N.A.P.N.S.C. accredited post-gradu- downtown law office. Excellent view and loca- INVESTMENTS: 19 years Trust Investment ate educational program in Salt Lake City. Next tion. Near state and federal courts and imminent experience. Formerly Vice President & Portfolio par-time two year program begins Sept., 1996. court complex. Covered parking terrace. Facili- Manager Chase Manhattan, Sun Bank, United LL.M. Taxation degree (or M. S. Tax degree or ties include 2 offices, conference room, recep- Jersey Bank. Chartered Financial Analyst (1979). M. Acct. Degree) and a strong tax background is tion area and full kitchen. Office equipment Cum Laude Graduate-Wharton School, preferred. Classes are held in the evening one sharng, limited assistant services and rent nego- University of Pennsylvania, B.S. Economics with night per week, 6 to 10 P.M. with flexibilty for tiable. Cal Flanders & Associates, (801) 355-3839. dual major in Finance & Economics, S.Ec. regis- the instructor's schedule. Washington School of tered Investment Advisor. Four years stand-up Law, Washington Institute for Graduate Studies. Professional office space located at 7321 So. performer in Philadelphia, PA. Experienced in Contact Dean Joslin, TeL. (801) 943-2440 or Fax State, Midvale. Space for two (2) attorneys and facing tough rooms. Steven D. Stern, CFA, 161 resume to (801) 944-8586. staff (could be leased singly). Includes two spa- Crandon Blvd. Suite 325, Key Biscayne, FL cious offices, "rarge reception area, conference 33149, (305) 361-9772. CHILD SEXUAL ABUSE I DEFENSE: room, sinkwet bar, fie storage, large private FORENSIC STATEMENT & INTERVIEWER parking lot. Downstairs offices also available. APPRAISALS CERTIFIED PERSONAL ANAL YSIS/CHILD CREDIBILITY - Identify Call (801) 255-3591 or (801) 562-5050. PROPERTY APPRAISALS - Estate Work, fine interviewer contamination I Understand specific furniture, Divorce, antiques, Expert Witness, statement evidence in child's initial statement I PRI PROFESSIONAL SPACE FOR LEASE. National Instructor for the Certified Appraisers Know what to demand from the prosecution. 2500 - 4000 square feet. Large Offices with Guild of America. Eighteen years experience. Bibliography supporting each case. Defense windows, conference room, kitchen, work sta- Immediate service available. Robert Olson specialist. Bruce M. Giffen, M.S. American tion, & storage at 1-80 State Street Exit. Call c.A.G.A (801) 580-0418. College Forensic Examiners, 1270 East (801) 483-6463. Sherman Avenue, Ste. 1, SLC, Utah 84105, Salt Lake Legal Defender Association is currently (801) 485-4011. SERVICES updating its trial and appellate attorney roster. Audio Problems? - Call the noise removal If you are interested in submitting an applica- Authentic oak Globe-Wernicke sectional book- experts. Our computer system can get that tape tion, please contact F. John Hil, Director, for cases, antique oak secretarial desk, other fine an appointment (g (801) 532-5444. cleaned up and onto compact disc. If you need a antique law office furnishings - excellent con- dition. Call (801) 272-1013. tape enhanced, we can get it done. Our service is TAX PROFESSORS WANTED: Adjunct part- unique in Utah. Ridge Runner Production - in time tax instructors, to teach LL.M. Taxation Orem. (801) 229-1917.
WHEN YOU NEED THE BEST MEDICAL EXPERT EVALUATION and TESTIMONY AVAILABLE...
YOU NEED DR. STEVEN E. LERNER & ASSOCIATES.
Within 90 minutes of your conversation with Upon completion of record review the specialist Dr. Steven Lerner we wil fax to you the specialist's will contact you by telephone with an oral opinion. curriculum vitae and retainer agreement for review. If requested the specialist wil then prepare and sign AI/ of our physician specialists are board- a written report and be available for testimony. certifed medical school faculty members or are of Since 1975 our MD's. DDS's, DPM's, OD's, PhD's and medical school faculty caliber. RN's have provided services to legal professionals.
Call now for a Free Consultation, Specialist Curriculum Vitae and Fee Schedule Based on an Hourly Rate. 36 DR.Vol. STEVEN E. LERNER & ASSOCIATES9 . 1-800-952-7563Na. 2 i I I rrI I I CERTIFICATE OF COMPLIANCE For Years 19_ and 19_ Utah State Board of Continuing Legal Education Utah Law and Justice Center 645 South 200 East Salt Lake City, Utah 84111-3834 Telephone (801) 531-9077 FAX (801) 531-0660 Name: Utah State Bar Number:
Address: Telephone Number:
* * CLE Hours Type of Activity
* * CLEHours Type of Activity
* * CLE Hours Type of Activity
* * CLE Hours Type of Activity
IF YOU HAVE MORE PROGRAM ENTRIES, COPY THIS FORM AND ATTACH AN EXTRA PAGE - **EXPLANATION OF TYPE OF ACTIVITY
A. AudiolVideo Tapes. No more than one half of the credit hour requirement may be obtained through study with audio and video tapes. See Regulation 4(d)-101(a).
B. Writing and Publishing an Article. Three credit hours are allowed for each 3,000 words in a Board approved article published in a legal periodicaL. An application for accreditation of the article must be submitted at least sixty days prior to reporting the activity for credit. No more than one-half of the credit hour requirement may be obtained through the writing and publication of an aricle or aricles. See Regulation 4(d)-101(b).
C. Lecturing. Lecturers in an accredited continuing legal education program and part-time teach- ers who are practitioners in an ABA approved law school may receive three hours of credit for each hour spent in lecturing or teaching. No more than one-half of the credit hour requirement may be obtained through lecturing and part-time teaching. No lecturing or teaching credit is available for participation in a panel discussion. See Regulation 4(d)-101(c).
D. CLE Program. There is no restriction on the percentage of the credit hour requirement which may be obtained through attendance at an accredited legal education program. However, a minimum of one-third of the credit hour requirement must be obtained through attendance at live continuing legal education programs.
THE ABOVE is ONLY A SUMMARY FOR A FULL EXPLANATION SEE REGULATION 4(d)-101 OF THE RULES GOVERNING MANDATORY CONTINUING LEGAL EDUCATION FOR THE STATE OF UTAH.
Regulation 8-101- Each attorney required to fie a statement of compliance pursuant to these regulations shall pay a filing fee of $5.00 at the time of filing the statement with the Board.
I hereby certify that the information contained herein is complete and accurate. I further certify that I am familiar with the Rules and Regulations governing Mandatory Continuing Legal Education for the State of Utah including Regulations 5-103(1).
DATE: SIGNATURE:
Regulation 5-103(1) - Each attorney shall keep and maintain proof to substantiate the claims made on any statement of compliance filed with the board. The proof may contain, but is not limited to, certificates of completion or attendance from sponsors, certificates from course leaders or materials claimed to provide credit. This proof shall be retained by the attorney for a period of four years from the end of the period of which the statement of compliance is fied, and shall be submitted to the board upon written request. r~'
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