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October-1992-Vol5-No8.Pdf ,- II ii r! ! Explore the world of WEST LAW. I. ¡ FREE for 60 days! i ! West Publishing is now making WAIVER FREE Training. a series afmoney-saving of Connect You'll conduct case-building research FREE bonuses available to Time/Communications quickly and effciently with help from PC Charges for 60 Days. WESTrain"1I diskettes and telephone first-time subscribers. Every time you sign on WESTLAW during training with one of our WESTLAW experts. the first 60 days, the charges are on us. Sign upJor a oneyear subscription (Some limitations may apply.) to WESTLAW andyou'll receive: (Some limitations apply.) FREE TAKE ADVANTAGE FREE WESTCheck"Automated Citation of this limited-time offer! Database Usage for 60 Days. Checking for 60 Days. Explore WESTLAW databases and discover Use this popular WESTLAW feature to check Call 1- 800-255-2549, the amazing array of information now citations automatically. You'll always be Ext. 998 today! instantaneously available. certain that the authority you rely on You also get special bonuses on DIALOG" on remains good law. WESTLA W usage, Business Information Reports from Dun & Bradstreet Information FREÈ Services' Online Service, and Washington EZ ACCESS'M Research Service Alert usage. I\tJLiiI+WI for 6 Months. (! (Regular charges apply to other Third Party Services) Make your first online research session effcient and productive. Just answer the More ways to wi questions that appear on your screen to retrieve cases, statutes and other documents. 191992 West Publishing Company 2-9241-4/8-92 I 3355971 i ¡ Ii j -i Utalz~ UTAH BAR JOURNAL Published hy The Utah State Bar 645 South 200 East Vol. 5 NO.8 October i 992 Salt Lake City, Utah 84111 Telephone (80 i) 531-9077 Letters ..........................................................................................4 President Randy L. Dryer President's Message .....................................................................5 President-Elect H. James Clegg by Randy L. Dryer Executive Director John C. Baldwin Commissioner's Report ...............................................................8 by Gayle F. McKeachnie Bar Journal Committee and Editorial Board Lets Take Discipline Out of the Closet............ ......................... 10 Editor by Stephen A. Trost Calvin E. Thorpe Associate Editors Life Without Possibility of Parole- Randall L. Romrell William D. Holyoak A New Sentencing Option in M. Karlynn Hinman Capital Cases............................................................................. .13 Articles Editors by Creighton C. Horton II Leland S. McCullough Jr. David Brown Utah Employment Law Since Berube........................................15 Christopher Burke by Janet Hugie Smith and Lisa A. Yerkovich Letters Editor Victoria Kidman Are Taxes Dischargeable in Bankruptcy.................................... 19 Views from the Bench Editor by Rex B. Bushman Judge Michael L. Hutchings Legislative Report Editors State Bar News...........................................................................21 John T. Nielsen Barbara Wyly The Barrister.... ............ ........ .................................. ........ .......... ..29 Case Summaries Editors Clark R. Nielsen Views from the Bench Scott Hagen "Why be a Lawyer?" ....... .................. .......... ............ ............ ...30 Book Review Editor by Judge David K. Winder Betsy L. Ross Advertising Case Summaries.........................................................................32 D. Kendall Perkins Kathryn Balmforth Utah Bar Foundation..................................................................35 David Benard Barbara Berrett Sanford Beshear CLE Calendar.............................................................................36 Brad Betebenner Glen Cook Classified Ads ............................................................................37 David Erickson David Hartvigsen Phil Ray lvie COVER: Manti LaSal National Forest, taken by Chris Wangsgard, Esq., shareholder, Thomas Jepperson Parsons, Behle & Latimer. Margaret Nelson Brian Romriell Members of the Utah Bar who are interested in having their photographs published on the cover of the Utah J. Craig Smith "Bar Journal should contact Randall L. Romrcll, Associate General Counsel, Huntsman Chemical Corporation, Denver Snuffer 2000 Eagle Gate Tower, Salt Lake City, Utah, 8411 1,532-5200. Send both the slide (or the transparency) and John Steiger a print of each photograph you want to be considered. Artists who are interested in doing ilustrations arc also Jan Thompson invited to make themselves known. Judge Stephen VanDyke BalTic Vernon The Utah Bar joamal is published monthly, except July and August, by the Utah State Bar. One copy of each Terry Welch issue is furnished to members as part of their State Bar dues. Subscription price to others, $25; single copies. Judge Homer Wilkinson $2.50. For information on advertising rates and space reservation, call or write Utah State Bar offices. Elizabeth Winter Statements or opinions expressed by contributors arc not nccessarily those of thc Utah State Bar, and Staff publication of advertisemcnts is not to be considered an endorsemcnt of the product or service advcrtised. Leslee A. Ron Copyright cQ i 992 by the Utah State Bar. All rights reserved. October 1992 3 - LETTERS Utah State Bar Association attorney are much higher. This gi ves the out sufficient capacity to reimburse those dishonest and non-covered lawyer a com- whom he offends or injures out of negli- Gentlemen: petitive advantage over me already. Thus, gence. And as a certainty he should not be I recently paid the Utah State Bar two that dishonest and non-covered lawyer is able to steal from them without coverage checks, one for my License Fee for better able to market his services at a lower for his theft. I suggest that the Bar take ~ 199211993 membership and one for the price and under the Bar's plan requiring me this issue before the goveroing committees Client Security Fund. I feel compelled to to reimburse his or her clients for his or her and deal maturely and responsibly with it. again observe at this juncture, the Bar's theft, I am forced to directly subsidize the The way to protect the public is to require I disgusting practice in billing me for a fund thief's practice. Only in an organization attorneys to have a minimum capacity to to pay the client of dishonest attorneys. such as the Utah State Bar would the para- respond for their defalcations - not to bill There is no other professional organization noia of the heads of the organization require me for them which bills its member for the thievery of this absurd and feeble effort to improve other members. their image. Yours very truly, It is absurd and unfair to charge me for If the Bar had the integrity, it would the derelictions of my competitors. Every require malpractice insurance at a minimum 1. Franklin Allred attorney should be required to carry mal- dollar amount for every person admitted. Attorney at Law practice insurance. I do, and my costs as No person under any circumstances should opposed to the non-coverage carrying be allowed to conduct a legal practice with- Dear Editor: inception in 1979. of Mr. Barnard as "Young Lawyer Emeri- Brian M. Barnard recently resigned as While many of Mr. Barnard's activities tus" would seem appropriate. Chair of the Young Lawyers Section with the Utah State Bar receive wide public- "Sub-for-Santa" program after serving in ity, his tireless efforts on behalf of the Sincerely, that position continuously since I 978. He Young Lawyers Section (whose member- also recently left his position as Chair of ship qualifications have technically Anne Milne the Section's Blood Bank and Blood Drive excluded him for roughly a decade) have M. David Eckersley after overseeing that program since its gone largely unacknowledged. Recognition The law firm of Purser, Okazaki & Berrett, P. C. LOIS MAJOR has changed its name to: PURSER & BERRETT is pleased to announce the opening of her office A Professional Corporation Efective September 1, 1992 at Jil M. Aggeler Barbara K. Berrett 1375 Deer Valley Drive J. Angus Edwards Michael A. Katz P.O. Box 681797 Donald J. Purser Park City, Utah 84068 Of Counsel Loren E. Weiss (801) 649-2356 39 West Post Office Place, Third Floor Salt Lake City, Utah 84101 the practice will emphasize H q, criminal defense Telephone (801) 532-3555 Facsimile (801) 537-1212 4 Vol. 5 No.8 . The Solo Practitioner - The Forgotten Lawyer? By Randy L. Dryer 57.4% when applied only to female attor- SPECIAL TASK FORCE One of asmy president primary is togoals address this the year con- neys. Clearly, the solo/small firm ON SOLO PRACTICE cerns and needs of those Bar members practitioner is a significant portion of our During my term as President I hope to who, as a group, historically have felt out- membership. identify and address the special needs of side the mainstream of the organized Bar's the solo practitioners, recognize their con- activities and structure. The largest group THE NEGLECTED & tribution to the Bar and our community of attorneys that fall in this category are FORGOTTEN LAWYER? and provide the opportunity for those who sole practitioners and those who practice Despite their numerical superiority, the wish to participate in Bar activities a real- in firms of five or less attorneys. solo/small firm practitioner is often the for- istic opportunity to do so. Toward that gotten, or at least less visible, element of end, I have undertaken two programs. MOST UTAH LA WYERS ARE our bar. The organized
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