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Spring 2002 Clark Memorandum: Spring 2002 J. Reuben Clark Law Society

J. Reuben Clark Law School

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clark memorandum J. Reuben Clark Law School Brigham Young University Spring >> 2002 Detail, Johannes Vermeer, Woman Holding a Balance. c o n t e n t s Widener Collection, photograph © 2002 Board of Trustees, National Gallery of Art, Washington.

The Lawyer As Composer 2 Brett G. Scharffs

10

One on One: The Law School Mentoring Program

Edward L.Carter

14

Glimpses of the Law School’s Founding

Elder Bruce C. Hafen

H. Reese Hansen, d e a n Jane H. Wise, e d i t o r 18 Joyce Janetski, associate editor David Eliason, art director A Pairing of Disciplines Bradley Slade, photographer Elder Stephen A.West The Clark Memorandum is pub- lished by the J.Reuben Clark Law Society and the J.Reuben Clark Law School, Brigham Young University. © Copyright 2002 by 23 Brigham Young University. All rights reserved. Mr. Bybee Goes to Washington 24

The mission of the J. Reuben Clark Edward L.Carter m e m o r a n da Law Society is to promote high moral and professional standards Vance and Laurie Everett in the legal profession and service to society. In fulfilling its mission, Law Society Book the Law Society is guided by the philosophy, personal example, lds Perspectives on Law and values of its namesake, Law Briefs J.Reuben Clark, Jr. Those values include (1) public service, (2) loyal- Law and Religion Symposium ty to the rule of law as exemplified by the United States Constitution, Clark Law Society Training and (3) appreciation for the reli- gious dimension in society and in Class Notes a lawyer’s personal life. b y b r e t t g. s c h a r f f s 1

// PART ONE OF TWO // composing conflict Cthe lawyer as composer C To see this image, please refer to the printed version of this issue.

Johannes Vermeer Christ in the House of Martha and Mary National Galleries of Scotland. mony. Moreover, I was fascinated by the use of the word compose. To my ear, the use of this word in this context had an anti- quated, unfamiliar ring. ı. Interest piqued, I surveyed several dic- I Don’t Want a Lawyer tionaries to try to figure out what Elder Once in a very long while one encounters a he came into the First Presidency of the Church, he Richards meant when he said he wanted to story or anecdote that is at once dispiriting asked me to assist him with a very delicate and sen- “compose” the situation. The dictionaries and inspiring—dispiriting in what it says sitive matter. It was fraught with most grave and were filled with dozens of definitions of the about us and inspiring in what it says about serious consequences. After listening to him dis- word compose, covering a surprisingly broad what we may become. I had such an expe- cuss it, I said, “President Richards, you don’t want array of meanings.4 rience recently, reading a recollection of me; you want a lawyer.” He said, “I am a lawyer. In reflecting further upon this anec- President Gordon B. Hinckley. Speaking I don’t want to litigate this. I want to compose it.”3 dote, I have become convinced that the idea in general conference in 1988, President of seeking to be a composer has significance Hinckley, at the time First Counselor in the As a lawyer—and even more as a law for lawyers on multiple levels of meaning. First Presidency of the Church, recounted: professor—I am dismayed and somewhat Several definitions of compose, including the ashamed that when faced with such an definition most likely intended by Elder We live in an environment where there is much important and delicate matter, Elder Richards, identify skills—indeed, traits of of litigation and conflict, of suing and countersuing. Richards’ instincts told him that a lawyer character—that every lawyer should aspire Even here the powers of healing may be invoked. As would be the wrong person for the job, to possess, especially if we are to transcend a young man I worked with Elder Stephen L since a lawyer reflexively would want to liti- the role of hired gun or mercenary and real- Richards, then of the Council2. of the Twelve.2 When gate, creating dissension rather than har- ize our potential as healers and unifiers. The Lawyer as Composer There are at least five senses of the word com- Law Dictionary defines a related concept, pose that have significance for lawyers, includ- “composition with creditors,” as “[a]n agree- ing (1) to end or settle a dispute, (2) to put ment, made upon a sufficient consideration, together, (3) to put into proper form or order, between an insolvent or embarrassed debtor (4) to bring about a condition of repose or and his creditors, whereby the latter, for the calmness, and (5) to create a literary, musical, sake of immediate or sooner payment, agree or choreographic work. This article has been to accept a payment less than the whole written in two parts. Part I focuses upon the amount of their Claims, to be distributed definitions relating to conflict resolution and pro rata, in discharge and satisfaction of the will discuss the first four designations of whole.”9 In this sense, to compose is to mini- compose. Part II, which will appear in the mize differences, to end or settle a dispute, next issue of the Clark Memorandum, will pro- to seek common ground among parties who vide a more in-depth discussion of the multi- disagree about something. ple correlations between composing music For a lawyer, the impulse to create con- and composing law. flict and discord can be very great. Trial lawyers are familiar with the thrill of victory a >> quieting conflict that comes with a favorable verdict, the The definition of compose most obviously more so when the facts or law make the case suggested by President Hinckley’s story is difficult. Many lawyers may feel a guilty “to end or settle (a quarrel, dispute, etc.),”5 affinity with the Wall Street attorney who “to deal with or act on so as to reduce to a confessed, “The greatest thrill is to win minimum their differences,”6 “to arrange a when you are wrong.”10 It is easy and seduc- dispute, conflict of claims, etc., to settle, tive to view litigation, and to a lesser extent adjust, arrange,”7 or “to arrange (any matter) a broader range of legal negotiations, as a properly or successfully; to settle.”8 Black’s zero sum game. Professor Leonard Pertnoy

4 clark memorandum has lamented the prevalence of prosecutors good faith settlement efforts does not fore- . . . They are unified and enabled to work who “are known only to seek convictions close the possibility of aggressive litigation, together for their separate interests—uni- and gain another notch on their gun belts.”11 and litigating aggressively will sometimes fied by the law. . . . If the purpose of the law Voicing a similar concern, Judge R. J. put one in a stronger position to effect a is e pluribus unum, then the purpose of a Gerber notes that, “In playing the adver- favorable settlement. But an obsession with lawyer is to effect e pluribus unum.”23 sary role, the litigator may become an tactics and winning may pose an obstacle The ability to bring together disparate amoral technician committed to winning for the lawyer seeing and sensing opportuni- elements is also evident in lawyers skilled at the adversary battle by any means at hand.”12 ties to compose a conflict. putting together complex business relation- Mahatma Gandhi described the destructive Karon O. Bowdre has urged, ships such as large project finance transac- effects of such a mind-set as follows: tions.24 Many lawyers are adept at creating Attorneys should once again embrace the traditional complexity out of what appear to be simple I saw that the litigation, if it were persisted in, role of “healers of human conflict,” of peacemaking. situations; a far more uncommon skill is the would ruin the plaintiff and the defendant, who Sometimes the best approach for the client would be ability to create simplicity out of messy and were relatives and both belonged to the same city. . . . to acknowledge her part in the conflict (every dispute complex situations.25 [I]t might go on indefinitely and to no advantage has two sides), accept responsibility and apologize. Lawyers can also bring people together of either party. . . . In the meantime, mutual ill-will For another client, the best counsel may be to over- by creating relationships with clear expecta- was steadily increasing. I became disgusted with the look a wrong instead of destroying a relationship, or tions and obligations, foreseeing likely points profession.13 to practice true forgiveness. To lead our clients to of tension or difficulty, and planning ways points of confession and forgiveness, we must help to address them. According to Edward D. Make no mistake, at times one needs a them see people and relationships as more important Re, “[L]awyers must appreciate and expand lawyer who will skillfully, intelligently, and than always exercising all our legal rights.16 their role as counselors. As counselors, relentlessly fight to protect one’s interests. lawyers can play a crucial role in avoiding When we emphasize the peacemaking or Abraham Lincoln had the following advice controversy and litigation. Effective counsel- conflict-resolving role of lawyers, we may do for lawyers: “Persuade your neighbors to ing minimizes the likelihood of conflict so at the expense of our client’s interests. compromise whenever you can. Point out to between parties by stabilizing relationships There is a risk that lawyers can anoint them- them how the nominal winner is often a real and promoting understanding and coopera- selves judge and jury when they seek to gen- loser—in fees, expenses, and waste of time. tion. Lawyers as counselors, in the words of erate what they see as a fair or desirable As a peacemaker, the lawyer has a superior Chief Justice Burger, provide the ‘solvents outcome, rather than vigorously defending opportunity of being a good man.”17 and lubricants which reduce the frictions of the rights and interests of their client. On our complex society.’”26 the other hand, striking a win-at-all-costs b >> putting together adversarial posture can also undermine Another meaning of the word compose is c >> creating coherence rather than serve our clients’ interests. “to put together, make up. To make by A third, closely related, definition of compose Knowing when to litigate and when to putting together parts or elements; to is “to put into proper form or order; to com- compose conflict is an important lawyerly make up, form, frame, fashion, construct, pose laws into a coherent system.”27 The skill.14 Former Chief Justice Warren Burger produce.”18 Related meanings include “to Oxford English Dictionary includes the defini- observed, “One reason our courts have make up of disparate parts or elements,”19 tion “to put together (parts or elements) so as become overburdened is that Americans are to “constitute,”20 and “to form by putting to make up a whole; spec. in artistic use, to increasingly turning to the courts for relief together; fashion.”21 Composition is the cre- arrange artistically the elements of a land- from a range of personal distresses and anxi- ative process of putting together disparate scape or painting.”28 To the idea of bringing eties. Remedies for personal wrongs that elements, to fashion or construct an end disparate elements together, this definition once were considered the responsibility of product. adds a sense of creating a proper fit, unity, institutions other than the courts are now Lawyers have many opportunities to and coherence. A beautiful composition not boldly asserted as legal ‘entitlements.’ The bring people together. Judge Ralph Mabey only brings together a variety of compo- courts have been expected to fill the void has suggested that lawyers can serve as uni- nents, it brings them together in a way that created by the decline of church, family and fiers, bringing parties together who may creates a sense of balance, wholeness, and neighborhood unity.”15 One can only imag- not know or trust each other into mutually integrity. Just as a painting can be skillfully ine that the tendency identified by Chief beneficial relationships.22 Judge Mabey composed, a legal argument can be crafted Justice Burger has gotten worse in the 20 explains, “Take the example of two parties in such a way that it has persuasive force. years since he spoke those words. who are entering into a contract. They’ve A lawyer composes in this sense when We may think that settlement is a tactic got different interests. One wants to sell he finds unity or coherence in a line of cases, appropriate to or reflective of a position of high, the other wants to buy low. One creating a justification for a desired out- weakness and litigation appropriate to a wants to sell for cash, the other wants to come. In an introductory text on legal rea- position of strength. But this would be a buy on terms. The contract laws of this soning and writing, Professor Richard K. damaging oversimplification. Engaging in country allow them to be brought together. Neumann, Jr., notes:

clark memorandum 5 When looking at an artistic masterpiece, such as a painting by caravaggio or vermeer, we are often struck by the sense that every element of the composition is where it belongs.

To turn [a bundle of cases] into a unified whole, the theory. . . . [The theory] is the emotional or ence.” Expressing a similar sentiment, the [the lawyer] must step back and ask [himself] equitable “hook” that convinces. . . . The theory of artist Hans Hofmann has said, “My ideal what, under the surface, the cases really have in the case as a unifying theme assists not only in pre- is to form and to paint as Schubert sings common. [The lawyer] must identify the threads trial preparation but also in making decisions dur- his songs and as Beethoven creates a world that appear . . . tie the threads together, and organize ing the heat of battle itself. . . . [Developing a in sounds. . . . Pictorial homogeneity of the the analysis around the threads themselves (rather proper theory of the case] leads to an inte- composition—plastic unity—is developed than around the individual cases). The [judge] grated, cohesive presentation to the factfinder.30 by lawfully governed inner necessities. cares more about the threads than about the cases, From this derives the rhythm, the personal and an individual case is important only to the Artistic composition depends upon a expression in the work.”32 extent that it teaches something about the thread.29 good eye for how things fit together into a Speaking of the lawyer’s role in creating portrayal that is pleasing. One hallmark of coherence out of apparent confusion, musi- Trial lawyers compose in this sense when great art is that it has a sense of unity cian and lawyer Daniel Kornstein strikes a they strive to create a coherent story, or “the- and harmony. When looking at an artis- similar note: ory of the case,” that accounts for a disparate tic masterpiece, such as a painting by and complex set of facts. Lieutenant Colonel Caravaggio or Vermeer, we are often struck To be sure, law often seems chaotic and confused, James L. Pohl describes this form of compo- by the sense that every element of the com- an incomprehensible and incoherent welter of sition, stating, position is where it belongs, a characteristic apparently contradictory and ever-changing rules, that the artist Frank Stella has described traditions, and practices. The confusion is height- Accurately developing the proper theory of the case as Caravaggio’s “overwhelming, invented ened by the increasing number and complexity of is the most critical aspect of trial preparation coherence.”31 Stella notes, “We have a laws reaching into every corner of our lives and because the theory drives every aspect of every notion that naïve or bad art breaks down made necessary by improving technology and stage of the trial. [It] is the destination for the case. into parts that are irrational, unable to add changed social policies. And yet, despite this appar- All evidence, objections, questions, and every up to a sustainable whole. . . . In great art all ent cacophony of laws, there may well be mysteri- other part of the trial presentation must support the relationships sparkle, radiating coher- ous harmonies, rhythms, and relationships to be

6 clark memorandum clark memorandum 7 discerned. [Lawyers must] hear the “music of the need of the help of lawyers. “Behind my Llewellyn called “situation sense” is some- laws”—to see the interconnectedness of apparently desk,” Liman explains, “hangs a 19th-century thing that great lawyers have in common.47 unrelated legal phenomena.33 Old Testament sampler that [my wife] Ellen And a lawyer with situation sense will have, found for me in a flea market. It is from the among many skills, those captured by the This definition’s emphasis on putting Book of Isaiah, and it reads, ‘Fear Thou Not, word compose—understanding when and how things in their proper place also accentuates For I Am With Thee.’ To me, the quotation to settle conflicts, how to bring together var- lowly craft skills such as visualizing, plan- expresses perfectly what every lawyer should ied and disparate parts and parties, how to ning, and drafting, seemingly mundane strive for in the lawyer-client relationship.” 42 create coherence and bring things into proper obsessions such as accuracy and precision, One of the great services we can provide our form, and how to engender repose, soothe and important virtues such as integrity.34 As clients is to be with them in times of distress agitation, and quiet volatile situations. a young transactional lawyer at a large met- and need, to serve and help them, and to The most common meaning of the word ropolitan firm, I sometimes felt like a well- help create a sense of calmness, peace, and compose, of course, is to create or formulate a paid proofreader. Getting it right—whether reconciliation. piece of music. This sense of the word might you are working on a prospectus for the seem particularly distant from the work of sale of securities, a contract, or a stock cer- lawyers. In the second part of this article, tificate—is an absolutely essential skill for 3. Composing Conflict however, I will suggest that there are impor- a young lawyer. An accomplished lawyer I am convinced that there is an important tant lessons that lawyers can learn from the friend of mine is fond of telling young asso- lesson for lawyers in the fact that when art and discipline of composing music. ciates that the key to being a good lawyer is Elder Richards needed someone with to realize that the first 90 percent takes 90 extreme tact, good judgment, imagination, endnotes percent of the time, and the last 10 percent and a desire to find a creative and healing

takes 90 percent of the time. solution to a difficult and delicate problem, 1 Associate Professor of Law, J. Reuben Clark Law his instincts told him he did not want a School, Brigham Young University. b.s.b.a., m.a. d >> engendering repose lawyer, since the goal was to compose the sit- Georgetown University, B.Phil. Oxford University, A fourth definition of compose is “to uation. President Hinckley describes what j.d. Yale Law School. Thanks to the students in my bring (the body, mind, or emotions) to a happened next: professional seminar who endured my early reflec- condition of repose, calmness, etc.; calm; tions upon this topic, to my research assistants quiet,”35 “to free from agitation: calm, settle,” We directed our efforts to that end, and won- Matthew Bullock and Katherine Davidson for their 36 “to adjust the body or mind to any atti- derful results followed. Money was saved, much of it. extraordinary help, and to Jane Wise and Matthew tude, esp. that of repose; to calm or quiet Embarrassment was avoided. The work was moved Kennington for their editorial assistance. Copyright disturbance,” 37 “to address or dispose (esp. forward without fanfare or headlines. Wounds were © 2001 Brett G. Scharffs.

the mind, oneself) calmly and collectedly to closed. The healing powers of the Master, the princi- 2 The Council of the Twelve, along with the First or for an action or state, or to do some- ples of the gospel of Jesus Christ, were invoked in Presidency (the president of the Church and two thing,” 38 or “to set in proper order, or in a a delicate and difficult situation to compose what counselors), comprise the highest governing bodies position of rest; to arrange, adjust; e.g., to otherwise could have become a catastrophe. 43 of the Church. 1 encyclopedia of mormonism 327 set (the body) in the posture of sleep or (Daniel H. Ludlow ed., 1992). 39 repose.” This sense of the word is captured As a profession we should be troubled if 3 Gordon B. Hinckley, The Healing Power of Christ, in the curt directive: “Compose yourself!” reasonable people facing similar situations are ensign, Nov. 1988, at 52, 54. Elder Dallin H. Oaks, in And as we all know, sometimes it is no easy justified in believing that a lawyer is exactly a chapter on litigation in his book The Lord’s Way, task to pull oneself together, let alone to help the wrong sort of person for dealing with reproduces this story and observes, “Since litigation someone else do so. tasks of unusual complexity and sensitivity. almost inevitably involves contention and is prevented Some lawyers seem to be expert in creat- The biggest challenge facing lawyers is to by reconciliation and forgiveness, these teachings stand ing and fostering contention and agitation. avoid settling for what Bruce Ackerman has as a strong direction for Latter-day Saints to use every Others, whether in negotiations or in litiga- described as “a self-trivializing conception of reasonable means to compose their differences and tion, are able to create a sense of calmness. 40 lawyering.” 44 Professor Ackerman maintains, avoid litigation with their fellow members or others.” The renowned lawyer Arthur Liman con- “The challenge is to build a life in the here dallin h. oaks, the lord’s way 176–77 (1991).

fessed that “[t]rial craft and trial work always and now—one worthy of ourselves, our fel- 4 See merriam webster collegiate dictio- brought me, I admit, a great personal ‘high,’ low citizens and the law itself. Easier said nary 236 (10th ed. 1994) [hereinafter webster]; the testing period that, for the lawyer, than done. And many of us will fail in the random house college dictionary 276 (1972) demands the most intense concentration, attempt.” 45 I do not mean to suggest that con- [hereinafter random house]; 2 the oxford vigilance, and control. But it is in that other ceiving of the lawyer as a composer exhausts, english dictionary 733–34 (1978) [hereinafter function, that of counselor, that I think the or even best captures, what it means to be a oed]; black’s law dictionary 259 (5th ed., 1979) lawyer may well perform his highest service.” 41 lawyer. Lawyers have many roles, and there [hereinafter black’s law dictionary].

Liman notes that clients are often fearful are multiple ways of conceptualizing the 5 random house, supra note 4, at 276. 46 and vulnerable when they find themselves in lawyer’s work. But having what Karl 6 webster, supra note 4, at 236.

8 clark memorandum 7 oed, supra note 4, at 733. Finance Transactions: Selected Issues Under Revised Article 9, ion 97 (1996). “Composition is a process—the act of 8 Id. 73 am. bankr. l.j. 261, 263–64 (1999). composing or organizing the plastic elements of art. . . . 9 black’s law dictionary, supra note 4, at 259. 25 For an insightful commentary on the interplay between [A]rtistic composition takes place according to aes- 10 See R. J. Gerber, Victory vs. Truth: The Adversary System simplicity and complexity in the legal arena see Peter thetic principles such as proportion and scale, unity, and Its Ethics, 19 ariz. st. l.j. 3, 3 (1987) (quoting Schuck, Legal Complexity: Some Causes, Consequences, and balance, and rhythm. When we use principles of orga- anonymous source). Cures, 42 duke l.j. 1 (1992). nization such as these, beautiful works are created. . . .

11 Leonard Pertnoy, Order in the Court, 43 syracuse l. 26 Edward D. Re, The Causes of Popular Dissatisfaction with lois fichner-rathus, understanding art rev. 1159, 1160 (1992). the Legal Profession, 68 st. john’s l. rev. 85, 118 (1194). (5th ed. 1998).

12 Id. at 4. 27 random house, supra note 4, at 276. 35 random house, supra note 4, at 276. 13 m. katsh, taking sides: clashing views on 28 oed, supra note 4, at 733. 36 webster, supra note 4, at 236. legal issues 14 (2d ed. 1986) (quoting Gandhi’s 29 richard k. neumann, jr., legal reasoning 37 oed, supra note 4, at 733. autobiography). and legal writing: structure, strategy, 38 Id.

14 See, e.g., Thomas W. Porter, Jr., The Spirit and the Law, and style 131 (3rd ed. 1998). But as Neumann 39 Id. 26 fordham urb. l.j. 1155, 1163–65 (1999) (discussing explains, the lawyer must not only be able to synthe- 40 Recently there has been a surge of interest in “therapeu- dual lawyerly roles of advocate and peacemaker). size or distill a coherent legal principle from a line of tic jurisprudence,” which focuses upon the connection

15 Warren Burger, Isn’t There a Better Way?, 68 a.b.a. j. cases, he must also be able to harmonize conflicting between law and mental health, and advocates lawyer- 274, 275 (1982). decisions and integrate both helpful and adverse prece- ing in a way that minimizes anti-therapeutic conse-

16 Karon O. Bowdre, Law Practice: A Place for Moral Values, dent in a process of reconciliation. See id. at 132. quences and facilitates the achievement of therapeutic 57 ala. l. rev. 158, 162 (1996) (footnotes omitted). 30 Lieutenant Colonel James L. Pohl, Trial Plan: From the ones. See, e.g., Dennis P. Stolle, David B. Wexler, Bruce

17 Abraham Lincoln, Notes for a Law Lecture (July 1, 1850), Rear . . . March!, 1998 army law., June, 1998, at 21, J. Winick & Edward A. Dauer, Integrating Preventative in the life and writings of abraham lin- 21–22. Daniel Kornstein maintains, “A trial, that most Law and Therapeutic Jurisprudence: A Law and Psychology coln 329 (Philip Van Doren Stern ed., 1940). See also dramatic of legal events, couples story-telling and analy- Based Approach to Lawyering, 34 cal. w. l. rev. 15, 18 The Honorable Edward D. Re, The Lawyer as Counselor sis. Preparing witnesses, giving opening and closing (1997); see generally David B. Wexler, An Introduction to and the Prevention of Litigation, 31 cath. u. l. rev. 685, statements, the substance and sequence of witnesses’ Therapeutic Jurisprudence, in david b. wexler, thera- 691 (1982) (“In the role of Counselor, the lawyer serves testimony, the nature and order of questions on direct peutic jurisprudence: the law as a thera- as an instrument of peace.”); Phyllis E. Bernard, and cross-examination, the use of documentary and peutic agent 3 (1990); david b. wexler & bruce Community and Conscience: The Dynamic Challenge of demonstrative evidence—all these are designed to nar- j. winick, law in a therapeutic key: develop- Lawyers’ Ethics in Tribal Peacemaking, 27 u. tol. l. rev. rate the most compelling version of events possible. At ments in therapeutic jurisprudence (1996). 821 (1996) (exploring Native American tribal peace- the same time, throughout the trial there will be eviden- 41 arthur l. liman, lawyer; a life of counsel making as innovation in alternative dispute resolution, tiary issues, procedural points and substantive disagree- and controversy 63 (1998). focusing not only on resolving immediate legal dis- ments that require argument and analysis by the lawyer. 42 Id. at 63–64. putes, but also in healing human relationships). Litigation is filled with this variety of legal thought 43 Gordon B. Hinckley, supra note 3, at 54.

18 oed, supra note 4, at 733. processes.” Daniel J. Kornstein, The Double Life of Wallace 44 Bruce A. Ackerman, Commencement Remarks, yale l. 19 random house, supra note 4, at 276. Stevens: Is Law Ever the “Necessary Angel” of Creative Art? rep., Spring/Summer 1982, at 6. 20 webster, supra note 4, at 236. 41 n.y.l. sch. l. rev. 1187, 1275 (1997). See also Richard 45 Id. 21 Id. Delgado, Storytelling for Oppositionists and Others: A Plea 46 See Ronald J. Gilson & Robert H. Mnookin, Disputing 22 See Ralph Mabey, Just Lawyers, clark memoran- for Narrative, 87 mich. l. rev. 2411 (1989); Toni M. Through Agents: Conflict and Cooperation Between Lawyers dum, Spring 2000, at 2, 4–5. Massuro, Empathy, Legal Storytelling, and the Rule of Law: in Litigation, 94 colum. l. rev. 509 (1994) (lawyer as

23 Id. at 4–5. New Words, Old Wounds, 87 mich. l. rev. 2099 (1989); peacemaker, advocate, client’s agent, gladiator, and 24 “The most salient characteristic of project finance trans- Sandra C. McKenzie, Storytelling: A Different Voice for cooperative problem solver); Margaret Ann Wilson et al., actions is their large scale. To take one example, the Legal Scholarship, 41 kan. l. rev. 251 (1992). Mentor, Mercenary or Melding: An Empirical Inquiry Into cost of construction of a power plant [through project 31 frank stella, working space 141 (1986). the Role of the Lawyer, 28 loy. u. chi. l.j. 373 (1996) finance] will often reach several hundred million dol- 32 Hans Hofmann, Texts and Lectures by Hans Hofmann, (lawyer as counselor contrasted with lawyer as hired gun). lars, and these large dollar amounts entail correspond- in cynthia goodman, hans hofmann (1990), 47 karl llewellyn, the common law tradi- ingly large scales in other facets of the transactions. . . . at 163–64. tion: deciding appeals 222 (1960). [T]he number of financing parties is large (e.g., bond- 33 daniel kornstein, the music of the laws holders, subordinated bondholders, syndicates of bank 13–14 (1982). art credits lenders, trustees and collateral agents . . . the duration of 34 The principles of composition are the structural rela- page 3 the transactions is large (easily a decade or more). And tionships used to bring an artwork’s formal elements Johannes Vermeer, Christ in the House of Martha and Mary, as a result of all the foregoing, the volume of documen- together into a well-made, integrated whole or compo- National Galleries of Scotland. tation and number of legal issues presented by the trans- sition. Although somewhat less tangible than the for- action is also quite large. . . . Despite this complexity, mal elements of line, color, shape, and space, these page 7 one can usefully conceive of project finance trans- structural elements nevertheless constitute an impor- Johannes Vermeer, Woman Holding a Balance, Widener actions as taking a simple, schematic shape: that of a tant feature of every drawing, painting, and sculpture.” Collection, photograph © 2002 Board of Trustees, bow tie or butterfly.” Carl S. Bjerre, International Project larry smolucha, the visual arts compan- National Gallery of Art, Washington.

clark memorandum 9 True education seeks to make ONEO N E men and women not The Law only good mathematicians,

School Mentoring proficient linguists,

Program profound scientists, or brilliant ONO N literary lights, but also honest men with virtue, temper-

ance, and brotherly love. ONE PRESIDENT DAVID O. MCKAY or most of the week, the classrooms at the J. Reuben Clark Law The sixth graders from Provo’s Sunset View Elementary School also enjoy the one- School are filled with talk about breach of fiduciary duty, excep- on-one time with their mentors each week. In fact, Professor Brett Scharffs launched the tions to the hearsay rule, and copyright infringement. For one hour mentoring program several years ago with the aim of instilling confidence in the preteens. each week, though, the law takes a backseat to sixth-grade math story prob- Helen Alexander, mentoring coordina- tor for Provo School District, tells law stu- lems, touch-football games, and discussion of a 12-year-old’s worries and dreams. dents, “You don’t take the place of their parents. You don’t take the place of their For many byu law students, the most ful- teachers. But you are there for them. You filling hour of the week does not involve care about them.” studying, working on a co-curricular jour- nal, or interviewing for a job, but mentor- A Place Where Learning and Friendship Thrive ing an elementary school student in the As the group of mostly first-year law BY EDWARD L. CARTER jrc Law School’s sixth-grade mentoring students gather in the moot court room, program. nervous chatter fills the air. The mounting PHOTOS BY “I was amazed at how it helped me have anticipation is palpable as students wonder a better perspective on life and not just how they will perform in this new chal- BRADLEY SLADE focus on myself,” said Jeremy Erickson, lenge. A law professor takes his place in who enjoyed the mentoring experience so front of the group and begins to speak. much as a second-year law student that he The first day of Civil Procedure? In this became student director during his third case, no. Instead, this is the scene just before year. “You feel like you’re making a differ- noon on the first Tuesday of October. Law ence in someone’s life.” students who only two months earlier had

clark memorandum 11 Scharffs finds law students telling him the mentoring hour is the highlight of their day—even better than Scharffs’ own class. The professor does not mind though. “I Both the elementary school believe that the lawyers who are most dissatis- fied with the practice of law are probably students and the law students those who are not making pro bono and pub- lic service work a regular part of their diet of legal work,” Scharffs said when asked about think they benefit most. the mentoring program on kbyu’s “Eye on the Y.” “My hope for the law students is that they will catch a vision of public service that will enrich their lives for years to come.”

never briefed a case already are acting on their desire to give something back to the community. Although it only requires one hour per week, the mentoring program repre- sents a small miracle among law students under heavy pressure to perform well on exams. In fact, the belief that law stu- dents were too preoccupied with their studies to dedicate time to the mentoring program nearly squelched the program before it ever got off the ground. “A lot of people thought law students would be too busy and would flake out— and that would just give these kids another adult in their life who failed them,” Erickson said. “But that hasn’t been the case.”

On the first mentoring day of fall semes- ter, law students tend to sit together on one side of the moot court room while sixth graders bunch up on the other side. It is dif- ficult to tell which group of students is more apprehensive. One thing is clear, however: students in both groups are anxious to meet a new friend. Within minutes, Scharffs, Erickson, and Alexander are pairing up the two sets of students. Instantly, worries are calmed and friendships are born. “It was fun to see my student each Tuesday,” said Emily Kunz, who mentored as a first-year law student in 2000–2001. “She was excited to tell me stories that hap- pened to her during the week.” Many of the pairs remain in the moot court room while completing assignments made by sixth-grade teachers. Sometimes, the algebra problems assigned to the sixth On one Tuesday late in fall semester True Learning graders challenge the law students more 2001, the sixth graders and their mentors All those involved with the program than all but the most brutal application of celebrated their hard work throughout have been amazed at the willingness of the Socratic method in contracts. the semester with pizza and soda pop. busy law students, especially first-years, to But there is one significant difference Having completed most of their school- volunteer their time. With their days filled between contracts and algebra: algebra—at work, the pairs of students fanned out. with briefing cases, outlining courses, least as completed by a law student and a While some played Foosball in the Student researching, and writing, law students sixth grader—is as much about friendship as Bar Association room, others joined in a could easily say they simply cannot free up it is about rules. game of hide-and-seek. Everyone had a one hour each week for a child they don’t Another thing: At the end of every friend. even know. algebra session is at least 10 minutes of “The thing I’ve enjoyed the most is Those who participate, however, say Foosball, Frisbee, touch football, or just remembering what it was like to be a sixth they feel mentoring left them in a much shooting the breeze. Every once in a while, grader,” said first-year law student Jason better position than if they had not done it. there’s a Halloween costume parade or a Hadley. “I don’t have to think about law. I Securing 90 mentors out of 450 law stu- pizza party. can just pretend like I’m a sixth grader.” dents—many of whom are precluded from “It was so much more relaxing than An elementary school student observ- mentoring because of jobs or externships— legal studies,” Kunz said. ing the Foosball action agreed that his men- is a testament not only to the recruiting tor provides an academic boost and a capabilities of Scharffs and Erickson but A Mutually Beneficial Program welcome break from the mundane. “It’s also to the spirit of service permeating the The most telling characteristic of the fun,” he said. “We do math problems and Law School. J. Reuben Clark Law School’s sixth-grade then when we’re done sometimes we go to “From my experience, it was kind of mentoring program is that both the elemen- the vending machines.” nice to take a break,” Erickson said. “It’s tary school students and the law students The Provo School District annually has something that doesn’t benefit your grades think they benefit most. about 400 mentors, nearly one-fourth of but it benefits you in other ways.” Erickson, “It’s great for both sides,” said Ron whom are byu law students. Alexander cal- like many mentors, has children of his own Firmage, a sixth-grade teacher at Sunset culates that the district spends about $12 per at home. Still, he wanted to do something View who immediately embraced the men- student each year to operate the mentoring for someone outside his own family. He said toring idea once Scharffs proposed it. “The program, including providing materials, his wife fully supported his decision to law students love it, and it’s great for my training, and supervisors. She believes that’s become a mentor. “You’ve got to have bal- kids to have a buddy in college. Some of the a bargain when viewed in light of what the ance in life,” he said. “The way I look at it, kids don’t (otherwise) have much exposure young students get out of the program. that means time for yourself, your family, to college.” Alexander believes the encouragement, and others. It’s a sacrifice, but it pays off.” Firmage believes the sixth graders who friendship, and example of law students pay Scharffs tells worried law students that benefit most are those whose parents are big dividends. mentoring will not hurt them academically. blue-collar workers, because the mentoring “The main thing we ask you to do is be If anything, he says, it will help, because it’s program gets the youngsters thinking about role models to these students,” Alexander a stress-reducer. education after high school. He smiles tells law students. “We want you to be their Kunz agrees. “They’re pretty good when he hears students who probably never friends. Help them set goals for school. Talk about cutting back when it gets close to had the intention of attending college now with them about what you have to do finan- finals, but there were still times I had a talk about what they would like to study. cially and academically to get to college. paper due and got stressed,” Kunz said. “It That payoff, in his mind, is more than Plant those seeds.” was good to have that perspective. That’s enough to qualify the program as a success. When Scharffs observed a similar pro- what life will be like as a lawyer—there It’s not always easy, though. There are buses gram at Georgetown University Law Center are conflicting demands, and you have to to schedule, lesson plans to juggle, and con- before coming to byu, he noted that it prioritize.” cerned parents to reassure. served mostly disadvantaged inner-city stu- The law students’ influence extends Some families who are not members of dents. In Provo the economic and educa- even beyond the sixth graders with The Church of Jesus Christ of Latter-day tional opportunities may be more readily whom they associate. Largely based on the Saints initially expressed concern that their available to all students, but the professor example of their law-student mentors, children might feel uncomfortable at byu, knows from his own experience that every- many of the sixth graders choose to serve as but that has not proven to be the case. one needs a mentor. mentors for second-grade students at “They can stay back at the school if they “We’re not singling out students Sunset View. choose to,” Firmage said. “But the other because they are especially needy or espe- kids are so excited and talk about the pro- cially gifted,” Scharffs told the kbyu audi- David O. McKay quote: “Why gram so much all week that those who ence. “We are saying to every child, ‘You {}Education?” Improvement Era, vol. don’t go feel left out.” are special.’” 70, no. 9 (September 1967), p. 3.

clark memorandum 13

by elder bruce c. hafen

Part of our purpose tonight is to remember the Law School’s founding. In that spirit, may I recall just a few images from what was for me a magical time. It was exactly 30 years ago this month, 1971. I was practicing here in Salt Lake City, thoroughly enjoying the practice of law. Somehow as the season of the year turned to fall, I felt the tug and pull of the campus. But if I were to teach, I only wanted to teach law; and if I were to teach law, I only wanted to teach at byu. I knew that byu would never have a law school; byu was an undergraduate institution.

I just never took the idea seriously. Then one day (in March 1971), I heard on my car radio the stunning announcement that Ernest Wilkinson would retire from being president of byu, and Dallin Oaks, a profes- sor of law from the University of Chicago, would be the new president. Furthermore, I heard that Ernest Wilkinson would play a key role in establishing the new J. Reuben Clark Law School. Only a few weeks after hearing that announcement, President Wilkinson called me at my firm in Salt Lake City and said that he was coming to Salt Lake and wanted to meet me in the parking lot. He later explained that the parking lot was because he had promised the lawyers in Salt Lake City that he would never recruit from their firms—that’s legal training at work. President Wilkinson asked me if I would like to be his assistant in getting the Law School started. I couldn’t believe what I was hearing. I didn’t know how to answer, and he told me what kind of vision he had in the following because what I wanted to do was teach. I mind for this school and that as president of excerpts were didn’t want an administrative job; I’ve never byu he’d been charged with that responsibil- wanted an administrative job. I just wanted ity by the First Presidency. I said, “I love taken from elder to teach and study the law and write about your vision of the Law School, and I just bruce c. hafen’s it. So I told him I would think about it. want to teach there, so put me on the list.” A few days later I received a call from Just as we parted he said, “Well, I am going address at the j. Dallin Oaks; it was the first time I had ever to need an assistant to help get things reuben clark law talked to him. He said, “I need to see you. I going.” And I said, “Well, I know you know am coming to Provo occasionally now, in the a lot of fine people from the University of school founders middle of this transition. I’ll be moving to Chicago, and just remember me when you day dinner on Provo in August, but right now I’ve got to go are gathering names for the faculty.” back to Chicago. Anyway, meet me at the Salt On July 4, Independence Day, 1971, august 30, 2001. Lake airport just before I get on my plane.” Dallin Oaks called me at home and asked if I I found it rather strange that these would like to be his assistant. I said, “Do you important people wanted to see me in these think this could lead to a teaching position?” inconspicuous, off-the-record places. At my He said, “I can’t assure you that; we don’t first meeting with President Oaks, he told even know who the dean will be. In fact, your me that Ernest Wilkinson hadn’t been first job will be to help us assemble back- authorized to offer me that job. Then he said ground information about the candidates for that he and President Wilkinson sort of saw the dean. But I want to use you in other ways things differently about the Law School, as well, and I would love to have you come.”

< photograph by bradley slade I talked to Marie, and we prayed, and that we could unite our scriptural knowl- tion. I had heard the same unfounded rumors we came. We started at byu the same day edge with the law. Somehow Rex, leading that others had heard: that the Law School that President Oaks did: August 1. In fact, I the discussion, wanted to open it up to a had some mysterious political objective. So I distinctly remember getting lost that after- brainstorming mode and asked, “What are perked up in my interview when President noon in the basement of the Wilkinson some law books that only we could write?” I Romney said, “Now let’s talk about your poli- Center with President Oaks. still remember three of the possible titles: tics.” He continued, “Are you either a Socialist Let me relate some of the images that How to Avoid Probate, by the Three Nephites; or a John Bircher?” I said, “Well, President come to me from that time—just a few Jacob and Esau on Fraudulent Conveyances; and Romney, some people think that those are the glimpses. I think of Rex Lee. We don’t have a personal favorite of Rex’s—because he only two choices.” He said, “I know; that’s these gatherings without me thinking about found that other people didn’t know this why I’m asking you. Are you either of those Rex and others who have been so much part name in the Old Testament as well as he two?” I said, “No.” And he said, “Then you’re of that experience: Rex, the charismatic 36- did—Uzzah on Strict Liability (that’s the guy all right; now let’s talk about something else.” year-old lawyer from Phoenix who was asked that was struck down for touching the Arc When I repeated that story to President to be the first dean. Rex loved to tell the story of the Covenant). Oaks, he said to tell that story often. about the day after the interviews had been I remember when Rex and I were serv- I always loved President Romney’s clear completed, when he had told them that he ing in the same student stake at byu. He statement about the mission of the Law didn’t think they should have a law school. was on the high council (a calling, he once School: “The purpose of that school is to And then how back in Arizona, his secretary said in stake council meeting, that has the teach and learn the laws of men in the light had buzzed him while he was in a meeting best ratio of work to glory of any job in the of the laws of God.” As I look back, I hon- with clients. The secretary said—I think this Church). I was sitting next to Rex in a sacra- estly see the hand of the Lord in the for- would be an approximate quote—“There’s ment meeting in that stake, and I noticed he mation and growth of this school. I pay some guy named Harold Lee on the phone. was dozing, and the meeting was still going reverenced tribute to those who have made He says it’s important. What is this, some on and not very close to its end. As a little the Law School community what it has kind of relative?” Rex later said that if Harold friendly reminder, I nudged him and said, become. For many years now, I’ve heard B. Lee had asked him that day to become a “Rex, they just announced that you are lawyers and judges from all over the country custodian at byu, he would gladly have done going to say the closing prayer.” He opened say that they have been persuaded about the it. That’s how he felt about the call. one eye and said, “The First Amendment to Law School’s quality by the quality of its Then I remember the day not long after the Constitution of the United States pro- graduates. It is the graduates—and the way when Rex and I were in Dallin Oaks’ office tects the freedom of religion. You worship they’ve lived and worked—who have estab- when none of the top people we were your way and I’ll worship mine.” lished the Law School, as hundreds of per- recruiting for the faculty had said yes yet. Then there was the day that President sonal examples of what it means to study We were honestly very concerned. President Romney interviewed me for my faculty posi- the laws of man in light of the laws of God. Oaks then took a phone call from Carl Hawkins. Carl was a stake president in Ann Arbor and a distinguished professor at the University of Michigan, one of the country’s finest schools. President Oaks talked with Carl on the phone for just a minute. We couldn’t hear the conversation. When he came back to the table where we were meet- ing on Law School business, I still remem- ber—and always will—Dallin Oaks looking out the window at Timpanogos, saying, only partly to us, “The Lord must really want this law school,” and then looking at us and smil- ing and saying, “and he really wants it to be a good one—Carl is coming.” We whooped and hollered. It was like the days of Camelot for me, and this was like the news that one of the mightiest knights in all the land was coming to the round table. As soon as Carl said yes, then, like dominoes, so many oth- ers said yes, and then the students came. I think of an early faculty meeting when we were brainstorming about unique ways

16 clark memorandum Bruce C. Hafen Professorship of Law

by lovisa lyman

Elder Hardy concurred with Hawkins and predicted that the Law School’s “biggest mark and its biggest contribution” in the future will be “the way it helps to rein- force, refine, promote, and defend the insti- tution and law of the family,” one of Elder Hafen’s best-known areas of scholarship. Elder Dallin H. Oaks, also in attendance on September 21, endorsed Hawkins’ and Hardy’s assessments of Elder Hafen’s contri- butions, further noting Hafen’s multiple roles in the establishment of the Law School, including participation in selecting the first Law School dean, planning the building and library, and recruiting the first class. At the same time Elder Hafen was work- ing to get the Law School started, Elder Hardy was making his own significant contri- butions to the school. Dean H. Reese Hansen noted that Elder Hardy “got us believing that we could raise money to establish profes- sorships to assist with Law School chal- lenges with faculty salaries, summer research, and research assistantships” and championed a formal relationship between the new at the Law School and will help fund teach- Law School and lds lawyers worldwide. ing, scholarship, and other forms of educa- Besides donating generously in money and tional and professional achievement among advice, Elder Hardy served as the first chair “If I had a son outstanding faculty. of the J. Reuben Clark Law Society. Elder who was going to practice law, I can think of Of Elder Hafen’s contribution to schol- Oaks remarked on Elder Hardy’s service to no finer example than Bruce Hafen in terms arship, Carl S. Hawkins, former Law the Church as chair of the Washington of the measure of the man, what he has School dean, professor emeritus, and Committee of Public Affairs and “key advisor accomplished, and what he stands for as a speaker at the September 21 meeting, to The Church of Jesus Christ of Latter-day lawyer, advocate, servant of the Lord Jesus observed that half of the school’s original Saints on all matters governmental.” He char- Christ, and a scholar,” averred Elder Ralph faculty were practitioners turned law pro- acterized Elder Hardy as a “remarkable lawyer W. Hardy, Jr., Area Authority Seventy fessors. To gain the respect of legal scholars and advisor,” a “modest man” who performs who, with his wife, Carole, was instru- and the judiciary, they needed to join the in “an invisible and savvy way.” mental in establishing the Bruce C. Hafen professional conversation. “Bruce led the Elder Oaks concluded that it is “gratify- Professorship of Law. The professorship, way for the younger faculty” in the early ing . . . to see a benefactor who is as worthy officially inaugurated September 21, 2001, days of the Law School when he had “five as the honoree.” In what he called a “coinci- recognizes Elder Hafen’s lasting positive major law review articles published that dence of qualifications,” the Law School will influence on law students during his long won the respect of the legal academy and be blessed by the “Ralph Hardy–funded pro- and exemplary career as professor and dean law policy decision makers.” fessorship named for Bruce Hafen.”

clark memorandum 17

by Elder Stephen A. We s t

few years ago as I was taking a group through my employer’s

law department, where about 62

lawyers worked, a visitor asked

what had prepared me as a lawyer.

I think my answer surprised the

This article was adapted from a talk listeners. • “Perhaps the most help- presented March 16,

2001, to Latter-day ful skills were those I learned as a

Saint students attending the missionary for The Church of Jesus

University of Idaho

Law School. Christ of Latter-day Saints,” I said.

illustrations by vivienne flesher “Why is that?” someone asked. “I learned to talk to people with opin- ions contrary to my own,” I replied, “to help them move from where they were to where I hoped they would be in such a way that they would feel comfortable and benefitted by the progress that they had made.” I still believe that a lawyer—whether involved in litigation, negotiation, or arbitra- tion—fulfills a role similar to that of a mis- ground, as though he heard them not. So tain legal principles is not appropriate. For sionary to the degree that both help people when they continued asking him, he lifted example, determining fault is not always change their thoughts and behavior. There up himself, and said unto them, He that is compatible with making peace. are some wonderful parallels between being without sin among you, let him first cast a a Christian and being a lawyer. The Savior stone at her.”4 Eventually, the scribes and healer said, “What manner of men ought ye to be? Pharisees “went out one by one . . . and Jesus As a follower of Jesus Christ, a lawyer Verily I say unto you, even as I am.”1 Given was left alone, and the woman standing in should be a healer. A healer remedies ills that a Christian is one who strives to be like the midst.”5 while taking care not to cause further the Savior, let me draw some parallels The Savior later told his disciples, harm. Just as the Savior spent time with between what the Savior did and what we “Peace I leave with you, my peace I give sinners, a lawyer works with those in need should expect a lawyer to do. First, the unto you: not as the world giveth, give I of help. The Lord said, “They that are Savior is a peacemaker. Second, He is a unto you. Let not your heart be troubled, whole have no need of the physician, but healer. Third, He is a counselor, an advo- neither let it be afraid.”6 they that are sick.”7 As lawyers we often cate, and a judge. Before an attorney or anyone else can help people reconcile transgressions and make peace, he must first have peace within leave mistakes behind. peacemaker himself. Early in my legal career, I learned the John W. Davis, a lawyer for J. P. Like the Savior did during His sojourn importance of gaining inner peace through Morgan and at&t, a leader of the New on Earth, a lawyer makes peace. A peace- prayer. This lesson came as a result of being York Bar, and the name partner in the Davis maker is one who shows others solutions in the same high priests quorum as George and Polk law firm, said in describing the role they cannot see on their own. If we can set- Romney, a former governor of Michigan, of a lawyer: tle disputes in ways where both parties to who was then serving as secretary of the dispute feel that justice has been done the Department of Health, Education, and We build no bridges. . . . We paint no pictures. . . . and that they have been heard, we can help Welfare. As we talked in the quorum about There is little of all that we do which the eye of man make peace and bring harmony where there prayer, Brother Romney mentioned that can see. But we smooth out difficulties, we relieve was turmoil. when he arrived at his office in the morning, stress; we correct mistakes; we take up other men’s Jesus Christ said, “Blessed are all the his secretary knew that his door would be burdens, and by our efforts we make possible the peacemakers, for they shall be called the locked for the first few minutes. “I go in and peaceful life of men in a peaceful state.8 children of God.”2 He demonstrated the skill kneel at my desk and pray for guidance before of making peace on many occasions, includ- I start the day,” he said. That concise job description helps ing one potentially turbulent confrontation A lawyer who aims to make peace must explain why the law is a profession and not with the scribes and Pharisees who brought see all sides of a dispute. As a lawyer you just a job. before him “a woman taken in adultery.”3 quickly start to understand that there are at If a Christian lawyer is to be a healer, The scribes and Pharisees pointed out that least two sides to all issues and that you need he or she must possess integrity. I learned the Law of Moses dictated that the woman to understand all points of view to be effec- some lessons while clerking for Judge A. be stoned. In response, the Savior “stooped tive. In addition, a peacemaking lawyer Sherman Christensen, then a federal judge down, and with his finger wrote on the knows there are times when applying cer- for the District of Utah. His secretary had

20 clark memorandum c o u n s e l o r

p e a c e m a k e r

h e a l e r

a d v o c a t e

j u d g e

in her desk drawer the government’s sta- agreed upon, there was a signed stipulation Proverbs says, “In the multitude of tionery and stamps, and she also had the of all parties to that effect. As to those mat- counsellors there is safety.”9 Practicing law judge’s personal stationery and stamps. The ters in dispute, that also was indicated. The teaches you to see people as individuals and judge was careful that no personal letter judge suggested that I continue to watch the not to think of them in stereotypes. You ever went out on government stationery or pleadings that James Faust filed in this and start to see some good in all men as you get with a government stamp. He was careful in any subsequent litigation and the way he to know them and understand what is hap- that u.s. government ballpoint pens did not represented his clients in court to see, in pening in their lives. Later, you often find leave the office in his shirt pocket and that the judge’s words, “How it should be done.” that there are reasons that they are as they there were always some of his coins and bills I have never forgotten that experience and are, and you start to understand that there is in his secretary’s desk to take care of his per- have followed it both in early days as to mat- some good in almost everyone. sonal expenses. ters of law and in more recent times as to A lawyer may serve as both a judge and I also remember having Judge matters of religion. an advocate. The Savior has been categorized Christensen point out to me, as a young as both our Judge10 and our Advocate11 with law clerk, the litigation performance of counselor, advocate, and judge the Father. It is unusual to think of a judge James E. Faust, then a practicing lawyer in A lawyer who seeks to follow Christ later being the defendant’s attorney in what Salt Lake City. The judge said to me in his emulates Him in fulfilling the roles of coun- may be thought of as a higher court—but in chambers, “If you watch James Faust and selor, advocate, and judge. Although those many ways, why not? The judge has heard follow the way he does things, you will roles may seem at times conflicting, their both sides of the story and has weighed all the know how you should act as a lawyer. complementary qualities allowed the Savior facts and the laws that relate to the issue. Look at these pleadings.” to more effectively work out his mission. Who better could be an advocate at the next Although it was a complex case, the A lawyer who teaches, argues on behalf level than such a person? How reassuring it is document was plainly and precisely drafted. of, and righteously judges others also will to know that the Savior will be not only our As to all of those matters that could be be at his best. Judge but also our Advocate with the Father.

clark memorandum 21 Lawyers do not fare well in literature, There are some wonderful and even the scriptures make remarks criti- cal of lawyers. However, a wonderful parallels between being a Christian defense argument given by a lawyer repre- senting unpopular clients is found in the and being a lawyer. book of Acts. The Sadducees laid their hands on the Apostles and put them in a common prison, but an angel opened the prison doors and said, “Go, stand and speak in the temple to the people all the words rules. We learn how to draft and establish the young people had written “a lawyer,” a of this life.”12 rules. We learn about fairness in rules. We fact that surprised me. As my eyes went After the Apostles had gone into the learn about the desirability of having every- across the banner, I saw one handprint that temple and while they were teaching, the one who is bound by them understand had written underneath, “A lawyer because high priests, not knowing the Apostles were and accept rules and laws and principles. of what I can do for my people.” gone, called the council together and sent to However, we know there are some laws that I thought of Brown v. Board of Education the prison to have the Apostles brought we have to keep whether or not we under- and several other lesser-known cases that before the council. They then received word stand them or accept them, because they are have brought dignity and a measure of that the Apostles were not in prison but in the law. Examples of such laws might be equality to large groups of people, and I the temple, teaching the people. So the offi- eminent domain laws, selective service laws, thought that these young students had seen cers went forth and arrested the Apostles and yielding right-of-way laws. what so often many in society forget—that and brought them before the council. The In this regard, in a religious context, we the law and lawyers can bring about great high priest asked them, think of Adam saying, when asked why he and lasting change in a nation, state, or offered sacrifices, “I know not, save the Lord community. I also thought of the fact that Did not we straitly command you that ye commanded me.”14 When Noah was told to Brown v. Board of Education was initiated by a should not teach in his name? and, behold, ye have build an ark, he responded by doing so combination of ministers and lawyers and filled Jerusalem with your doctrine, and intend to though he must have thought it an unusual how many other things of significance in the bring this man’s blood upon us. request. When Abraham was asked to sacri- histories of our country and many other Then Peter and the other apostles answered fice his son, it required adherence to a direc- countries have been brought about by and said, We ought to obey God rather than tive he must have had great difficulty Christians and lawyers working together. men. . . . understanding. We also learn that there are It is a powerful pairing of disciplines. May When they heard that, they . . . took counsel times when obedience to a law or rule or we who carry both designations live up to slay them. principle has to be automatic and immediate. to the responsibilities that each discipline Then stood there up one in the council, a In conclusion, let me tell you of an expe- puts upon us. Pharisee, named Gamaliel, a doctor of the law, rience I had at an interdenominational reli- had in reputation among all the people, and com- gious service sponsored by the Interfaith endnotes manded to put the apostles forth a little space; Council of Metropolitan Washington, d.c.,

And said unto them, Ye men of Israel, take commemorating the birthday of Martin 1 3 Nephi 27:27. heed to yourselves what ye intend to do as touching Luther King, Jr. It was held in a mega- 2 3 Nephi 12:9. these men. . . . church in the center of the District of 3 John 8:3. And now I say unto you, Refrain from these Columbia. A group of young grade school 4 John 8:6–7. men, and let them alone: for if this counsel or this students were brought in carrying a large 5 John 8:9. work be of men, it will come to nought: banner made of butcher paper. They spread 6 John 14:27. But if it be of God, ye cannot overthrow it; themselves all the way across the front of this 7 Mark 2:17. lest haply ye be found even to fight against God. great chapel with this long banner. All of the 8 Address, New York, 16 Mar. 1946, in 1 Record of And to him they agreed: and when they had students had put their painted handprints on the Association of the Bar of the City of New called the apostles, and beaten them, they com- the banner. Across the top of the banner it York, 101, 102 (1946), quoted in Frederick R. manded that they should not speak in the name of read, “i have a dream,” the famous quota- Shapiro, The Oxford Dictionary of American Legal Jesus, and let them go.13 tion from Martin Luther King, Jr. Quotations, 273 (1993).

Under each of the students’ handprints 9 Proverbs 11:14; see also Proverbs 24:6. This is a fine scriptural description of a was an explanation of each child’s dream, 10 2 Nephi 30:9; Moroni 10:34; d&c 137:9. lawyer, representing what may appear to what each wanted to become. The banner 11 d&c 29:5; d&c 32:3; d&c 38:4; d&c 45:3; d&c some to be guilty men, doing the work a read something like this: a truck driver, a 62:1; d&c 110:4.

lawyer should do. beautician, a lawyer, a professional basket- 12 Acts 5:20. As lawyers who counsel, advocate, and ball player, a carpenter, a lawyer, a farmer, a 13 Acts 5: 28–29, 33–35, 38–40. judge, we learn the wisdom of adherence to baseball player, a lawyer. Fully one-third of 14 Moses 5:6.

22 clark memorandum H E N J AY S. BYBEE, ’80, ARRIVED IN WASHINGTON,

D.C., IN NOVEMBER 2001 AS THE NEWLY CONFIRMED ASSIS-

TANT ATTORNEY GENERAL FOR THE OFFICE OF LEGAL

COUNSEL, HE FACED SOME DAUNTING CHALLENGES. °

FIRST, HE WANTED TO SETTLE HIS FAMILY OF SIX IN SUB-

URBAN VIRGINIA AFTER THEIR MOVE FROM LAS VEGAS,

WHERE BYBEE TAUGHT AT THE UNLV BOYD LAW SCHOOL. Next, he needed to immediately general in post–September 11 get up to speed on legislation America. He also feels the his office was reviewing for con- weight of following great legal stitutionality in order to make minds like Supreme Court recommendations to Attorney Justice Antonin Scalia and Chief General John Ashcroft and Justice William Rehnquist, President George W. Bush. both of whom once occupied On top of that, Bybee was the position he now holds. still grading unlv law students’ But Bybee is as ready as any- final exams, and he had to figure one could be. He spent five years out, for the first time, how to in the Justice Department’s work a cellular phone into his Office of Legal Policy and Civil Hawkins.“ I certainly had great absence from unlv, where he lifestyle. Division, appellate staff, from training at byu Law School,” expects to return after his ser- “It has all moved fast and 1984 to 1991. He then worked for he said. As a member of the fifth vice in Washington is finished. furious,” Bybee said in an early- two years as associate counsel graduating class at the Clark Bybee knows that the morning telephone interview in the White House Counsel’s Law School, Bybee used “pressure-cooker” inside the in December before hustling Office under the elder President resourcefulness, persistence, Beltway may present some off to a meeting. George Bush. and Rex Lee’s reputation to stressful situations, but he will In overseeing the Office After teaching law for get summer jobs and eventually approach them the same way of Legal Counsel, Bybee super- seven years at Louisiana State a position at the Washington, he always has—by simply being vises the work of 18 attorneys University, Bybee became one d.c., firm of Sidley & Austin. the best lawyer he knows how who render opinions on of eight founding faculty mem- Bybee also clerked on the to be. “We knew there would whether new congressional bers at unlv’s Boyd Law School u.s. Court of Appeals for the be stress and the hours would legislation passes constitu- in January 1999. At unlv he Fourth Circuit. be long. That’s one of the tional muster. As a result of the taught constitutional law, which “Rex Lee was just an enor- costs my wife and I took into September 11 terrorist attacks, gave him the opportunity to mous resource for us because he account,” he said. much of Bybee’s work involves explore the legal and policy had a tremendous reputation,” “This is not a policy office,” striking a balance between issues that now confront him. Bybee said. “When we went Bybee continued. “This is an security and civil liberties. “I’ve been dealing with these places, there were people who office that provides legal advice. “As the focus of the presi- issues in the classroom,” he said, knew Rex Lee and said, ‘If he One of the functions is that we dent and the attorney general “but to make these decisions thinks you’re OK, that’s good must be free of [improper out- has changed, our focus has nec- in the real world is different.” enough for us.’” side influence] so we can provide essarily changed as well,” Bybee Throughout his career After the Senate confirmed dispassionate legal advice.” said. “We’ve had a lot of terror- Bybee has relied on the foun- Bybee as assistant attorney gen- Doing top-flight legal ism-related questions.” dation he established at the eral on October 23, 2001, Bybee work in an intense setting is Bybee professes feeling J. Reuben Clark Law School, and his wife, Diana, left their something Jay Bybee has done unprepared for the enormous where he enrolled in particularly Las Vegas home and moved for a long time. Managing that task of providing legal advice memorable classes taught by their four children across the new cell phone, though, is to the president and attorney former deans Rex Lee and Carl country. Bybee took a leave of another story.

clark memorandum 23 portrait vance everett, manager of the law school computer system, and his wife, laurie, put family first and make things work.

by Matthew Kennington ometimes family home evenings times gather around the piano at Vance and Laurie Everett’s and harmonize or play their home aren’t what you’d call typi- musical instruments together, cal. In a family of 12, with a wide or they might simply take a soc- range in ages and interests, the cer ball out back to kick around. Everetts have found unusual With 10 children, all of them ways to honor their commitment adopted, the Everett family is to putting family first. Instead a study in making things work S of a formal lesson, they some- in extraor-dinary ways.

24 clark memorandum To meet the challenges of rearing a family with vance everett, manager of the law school computer system, and his wife, laurie, put family first and make things work. children of diverse backgrounds, the Everetts draw on their creativity, commitment, and faith in the Lord.

Early in their marriage, in South America. It took In some ways, it was like choice. Vance accepted a when Vance was nearing com- two long years to complete the starting over with a second calling to sing in the Mormon pletion of his degree in music adoption, and after that strug- family, except that this time Tabernacle Choir. When Vance education at byu and Laurie gle the Everetts might well have Vance and Laurie had help. was called to join the choir, was finishing hers in therapeutic been gun-shy about adopting “It’s amazing how much easier Laurie was asked, “Will you family life, they talked about again. Instead, they responded it gets the more children you support your husband in this someday having “about a dozen to spiritual promptings and have,” Vance says, “except when calling?” She said, “Yes.” Then children.” Vance’s heart was set began to work with lds Social they get ill.” For all the chal- she heard, “That means accom- on teaching music, and he had Services, with whom Vance lenges, the Everetts have found panying him on all the tours already begun to do some had come in contact through ways to make it work. For and trips whenever spouses are recording, but he didn’t want his work as a bishop. Through example, on a recent excursion invited.” Laurie raised her eye- to end up selling insurance in that agency, the Everetts found to the Hill Air Force Base brows, but she accepted. the evenings and hot dogs on their second child, a boy, also Museum, each older child Although the Everetts did- the weekends like many of his of Latin American descent. tended a younger child as they n’t realize at the time exactly fellow music teachers had to Approached by a state adoption meandered through the displays how difficult it would be to do to make ends meet. After a worker, the Everetts then had of jets and rockets, leaving keep that commitment as more great deal of soul-searching, the strong feelings that they should Vance and Laurie to enjoy their children came into the family Everetts decided they wanted foster a set of three siblings with time alone together. and the demands on time and something more conducive to the hopes of a short adoption Recently the Everetts finances increased, Laurie has family life. process. In fact, the legal battle adopted two more children, been able to accompany Vance So Vance started over. took seven years, and in the from the Marshall Islands. on every tour and concert. They He went back to byu, and interval a fourth sibling was Because of the priorities they have a firm belief that when they picked up a second bachelor’s born, but eventually the set years ago, they are able to are obedient to the counsel of in computer science. Laurie had Everetts successfully adopted find one-on-one time with each Church leaders and the prompt- decided that after graduating all four children. child. Right now, two of the ing of the Spirit, they will be she would begin raising a family, Vance had begun working boys are nearing their Eagle able to find a way to make but when it became apparent for the J. Reuben Clark Law Scout awards. Vance has taken things work. that nature and medical science School on a programming con- them to pow-wows, Scout To meet the challenges of weren’t accomplishing much, tract through West Publishing. camps, and high-adventure rearing a family with children the Everetts tried another route. He was asked to stay at the Law camps, and he has pushed the of diverse backgrounds, the They became foster parents. It School to manage the new merit badges. When one son Everetts draw on their creativ- was a frustrating emotional computer system that the school was preparing to meet with ity, commitment, and faith in roller coaster—some foster chil- was installing. Eight years had a Pleasant Grove city official the Lord. In a state as racially dren were in their home for only passed, and Vance and Laurie to arrange his Eagle project, homogeneous as Utah, there a day, others for several years— had had continual feelings that Vance sat down with him in may be difficulties when it but the Everetts stuck with it their family wasn’t complete. the kitchen and role-played the comes to friends, dating, and and have fostered more than 40 Because demand for adoption conversation with him. marriage. But Laurie and Vance children to date. is very high in Utah, the With older children to continually find joy in the life Eventually, through the Everetts began looking out of help, the Everetts have found of each child, celebrating their Utah Fost-Adopt program, the state. Eventually they found ways to pursue their passion individual personalities and Everetts found their first child, child number seven, an African for music. Laurie has home- divine parentage, and look for- a beautiful baby girl of Latin American baby boy in Ohio. schooled each child and ward to children yet to come. American descent, reminiscent One year later, another child, involved all six of the oldest Whatever challenges the future of the children Vance had also African American, joined in piano lessons as well as brings, the Everetts will find a grown to love as a missionary them from Florida. another instrument of their way to make things work.

clark memorandum 25 Latter-Day Saint Perspectives on Law Symposium

latter-day saint attor- neys, scholars, and professors participated in forums on criminal law, constitutional law, contract law, and corpo- rate law at the Latter-day Saint Perspectives on Law Symposium. Held October 19, 2001, at Brigham Young Hannah Clayson Smith Named James Rasband, left, and Michael Young, right. u.s. Supreme Court Clerk hannah clayson smith, ’01, has been named clerk to Justice Clarence Thomas of the United States Supreme Court starting July 2003. Currently she and her husband, John M. Smith, ’01, are clerk- ing for Judge Samuel A. Alito, Jr., of the United States Court of Appeals for the Third Circuit. Smith credits Professor Tom Lee, a former clerk to Justice Thomas, and Professor Cole Durham with help in obtaining the clerk- ship. Jay T. Jorgensen, ’97, a clerk for Chief Justice William H. Rehnquist during the 1999–2000 term, was also supportive. Smith will be the 10th Supreme Court clerk from the J. Reuben Clark Law School.

Life in the Law Published and Available Online

a new book entitled Life In the book’s preface, H. “What Think Ye of Christ?” in the Law: Answering God’s Reese Hansen, current dean of examines more directly our duty Interrogatories showcases essays the J. Reuben Clark Law School, and devotion to God, asking and articles from men and conveys his hope that the contents about our relationship to the women who have examined the “will influence the ways we think master Advocate of us all, Jesus things that matter most in their about our roles as a lawyer in the Christ. . . . The authors explore professional and private lives. context of our being Christian.” their choices in addressing these The majority of the writings Dean Hansen indicates, pivotal questions through the cir- were first published in the Clark “The volume follows the organi- cumstances and the people they Memorandum. zation of Elder Marlin K. encountered along the way.” Authors featured in the Jensen’s 1997 talk “Answering Life in the Law: Answering book include Elders Dallin God’s Interrogatories” [included God’s Interrogatories may be H. Oaks and James E. Faust, in the book]. The first section, ordered online at www.law2 Marion G. Romney, members “Adam, Where Art Thou?” asks looks at materialism, economic .byu.edu/clark_society/law_ of the Seventy, Law School where we are and speaks to the issues, and integrity. The third society_handbook.htm, by Deans Rex E. Lee, Bruce C. concepts of balance, law school section focuses on what a faith- printing and filling out the order Hafen, and Carl S. Hawkins, and law practice priorities, and ful lawyer does, service to oth- form and faxing it to the Law and many other members preparation. Next, the section ers, and “Unto What Were [We] School’s accounting department. of the bar. “What Is Property unto Me?” Ordained?” The final section, The book is $20.

26 clark memorandum Latter-Day Saint Perspectives on Law Symposium

University, the event was spon- ular and religious beliefs. Martin of Iowa, in his paper “Three paper on “Prosperity: Principles sored by the J. Reuben Clark Gardner, Steinhart Foundation Degrees of Promising,” con- of Zion Applied to Corporate Law Society and the J. Reuben Professor of Law at the trasted the differences between Governance.” They stated that Clark Law School. The keynote University of Nebraska, pre- ordinary contracts, promises law can’t compensate completely address was given by Michael sented a paper entitled “Crime under oath, and religious for unrighteousness. Corporate Young, dean and professor of and Punishment from an lds covenants. D. Gordon Smith, governance systems should be law at George Washington Perspective,” an attempt to rec- professor of law at Vanderbilt adjusted for greater efficiency University Law School, who oncile mercy and justice. James University Law School, and his in choosing men and women of focused on the ease of compart- Gordon, professor of law at the wife, Sue Smith, presented a integrity to serve them. mentalizing responsibilities in J. Reuben Clark Law School, life by keeping one’s religious addressed the group in a lun- Left to right: Steven Huffner, Dan Burke, Christian Johnson, and Gordon Smith. life separate from one’s profes- cheon address on “Ethics and the sional life. He wondered out Religiously Affiliated Law loud if this was the reason that School. “ Rodney K. Smith, Latter-day Saint students he from the Humphreys School of knew through his law school Law at the University of weren’t more involved in Memphis, drew similarities humanitarian externships. between Oliver Cowdery and Throughout the conference, James Madison and the conflict many of the presentations and surrounding separation of much of the discussion centered church and state. Eric Anderson, around the reconciliation of sec- professor of law at the University

Studies of the University of Doug Floyd has been appointed law briefs Buenos Aires during the winter to the aals Committee on 2003 semester. Bar Admission and Lawyer Performance; Dave Thomas, the j. reuben clark law society Papers by Cole Durham and to the aals Committee on Marguerite Driessen and by Libraries and Technology; and The Mid-Atlantic Chapter has received his undergraduate Steve Wood and Brett Scharffs Gerry Williams, to the funded an annual award that degree from byu and his jd will be presented at the 16th Planning Committee for the will go to a second- or third- from Stanford Law School. Congress of the International Plenary Session of the 2003 year law student committed Academy of Comparative Law aals annual meeting. Cliff to public service. The Rex E. Richard D. King is the president held in Brisbane in July 2002. Fleming has been appointed to Lee Advocacy and Public of Rotary International. King a aals task force to study the Service Award is a $2,000 received his undergraduate and Jim Rasband will be a visiting aals accreditation process. stipend intended to fund a jd degrees from the University professor at the University of public service externship in of California, Berkeley. Queensland during summer Jim Backman and Cole Durham the Washington, d.c., area. 2002. have received byu Mentoring the law school Grants of $30,000 each. The Charles E. Jones has been Cliff Fleming will do a lecture grants support student work in named the next chief justice of Kif Augustine-Adams has tour of Brisbane, Sydney, and the Law Help mediation lab the Arizona Supreme Court. received a Fulbright appoint- Melbourne in July 2002 under and training project and at the Judge Jones was previously the ment to work at the Center for the auspices of the University of International Center for Law and vice chief judge of the court. He Interdisciplinary Gender Queensland. Religion Studies, respectively.

clark memorandum 27 ach October for the past eight attracted 49 delegates from 28 within Islam. In the opening years, the moot court room at different countries. session, Senator Gordon H. the J. Reuben Clark Law School The symposium provides Smith, of Oregon, who spoke becomes the center of interna- a unique opportunity for inter- after a British expert on Islam, tional attention. On an other- change between scholars, made a strong appeal for reli- wise unremarkable evening in governmental leaders, and gious tolerance and the pro- EOctober, scholars and digni- practicing attorneys on legal tection of religious freedom taries from countries as diverse structures influencing freedom in the wake of the events of as Russia, China, Mozambique, of religion throughout the September 11: “We need to Chile, and Belgium start gather- world. A United Nations remember that religion has the ing in the Law School. The diplomat attending last year’s power to be a great force for event is the opening of the conference explained the value good in the world; democracies annual International Law and of this kind of conference to need to protect that power and Religion Symposium, one of the diplomats and government potential.” As numerous partici- world’s leading religious liberty leaders: “The opportunity to pants noted, the religious over- conferences, which in 2001 hear from and share thoughts tones embedded within the

The International Law and Religion Symposium:

by Bill Sawkiw Bridges for Religious Freedom

with academics and legal current war on terrorism have experts from different coun- brought heightened attention to tries [is] most important and religious liberty and tolerance, significant. This is rare in the making the work of the sympo- United Nations, where partici- sium even more significant. pants are largely diplomats and The annual Law and civil servants.” Symposium Religion Symposium is orga- delegates and speakers regu- nized by the byu International larly include u.s. senators and Center for Law and Religion congressmen, constitutional Studies with the help of other court justices, members of par- byu institutions and the law liaments, religious affairs schools at George Washington directors, heads of govern- and Catholic Universities. ment-sponsored human rights Much of the legwork and plan- organizations, premier schol- ning, however, is done by a ars, and practicing attorneys core of dedicated students who from around the world. give up hours of study time and In light of the events of much of their placement break September 11, 2001, last fall’s to organize translation of the conference devoted height- symposium sessions into 12 or ened attention to issues 13 languages or work out the involving Islam and the law. details of picking up and drop- Representatives from Pakistan, ping off 50 to 75 delegates at Indonesia, Central Asia, and the airport—many of whom other Islamic countries and do not speak English. Natalie regions appreciated the oppor- Peterson, a student who has tunity to discuss variations worked on the Law and

28 clark memorandum Religion Symposium for the conferences in Russia, Africa, < Opening session of the symposium. past three years, mentioned and Latin America. that she “would really like to The annual Law and help” with the 2002 conference, Religion Symposium origi- “but I guess I have to graduate nated in 1994 when Professor this year.” W. Cole Durham, byu Susa Symposium delegates are Young Gates Professor of invariably impressed with the Law and director of the center, students’ enthusiasm and abil- pooled resources with law < Dr. Siti Musdah Mulia, from ity. For example, a Russian civil and religion centers at several Indonesia Department of Religious servant commented, “I am other law schools to bring Affairs, and Professor Elizabeth amazed at how much American foreign experts to the United Clark, associate director, byu students care about my country. States to discuss religious International Center for Law and They understand my country freedom issues. The success of Religion Studies. and my language so well.” A del- this first symposium planted egate from the Philippines saw the seed for continued growth. the warmth and hospitality of Since its inception in 1994, < Dancers performing at conference the students and faculty who the symposium has continued dinner at Aspen Grove. hosted him as demonstrating to grow, bringing a total of “traits which are very Filipino.” more than 220 participants The friendship and concern of from 63 countries to the Law law students and faculty seem School. The symposium is now to transcend linguistic and established as one of the lead- national borders. ing annual conferences on The good feelings, knowl- religious freedom at the global < Delegates Viktor Yelensky, adviser edge, and contacts gained by level each year. to the chair of the Ukrainian State symposium delegates serve But the true measure of Committee for Religious Affairs, them well even after they return success of the conference is and Professor Olexandr Sagan of the home. As described by one found in its impact on the partic- Ukrainian Institute of Philosophy. Russian delegate, “I realize that ipants. At the conclusion of one a conference like this is a great symposium, a South African cost. But I think the other law professor struggled to find participants would agree that the right words to describe the < Professor Gerald Williams, byu Law this is money worth spending. experience: “I only know the School, and Farooq Hassan, attorney I appreciate the opportunity appropriate superlatives for the from Pakistan. to meet colleagues who are logistics and content of this con- now my friends. For example, ference in my native language. I had to come to the u.s. I wish to give you the warmest of to meet my counterparts in thank-yous.” A Bulgarian attor- Armenia, Estonia, and ney likewise expressed what he Ukraine.” Professors Cole saw as “the real magnitude of < International Children’s Choir Durham and Elizabeth Clark, the conference”: “My English is singing at symposium luncheon. the directors of the byu too poor to put it into words, International Center for Law but it has had a tremendous and Religion Studies, regularly effect on me and on all of us.” keep in contact with past sym- Planning is already under posium delegates. Such con- way for the Ninth Annual tacts have resulted in many International Law and Religion opportunities, including Symposium, which will be < Student organizers Jennifer Hodge, chances to work with govern- held October 6–8, 2002, at the Karin Berg, Jonathon Tichy, Taeya ment officials on draft religion J. Reuben Clark Law School. Via, Billy Gonzalez, and Natalie laws in Albania, Romania, More information about the Peterson; and the center’s executive Slovakia, the Czech Republic, symposium and the center can secretary, Deborah Wright. Peru, and Lithuania, as well as be obtained at www.law2.byu opportunities to plan future .edu/law&religion.

clark memorandum 29 Clark Law Society Gathers for Training

The largest assembled group of its international public service and professional Paul University with a practice excellence to promote fairness in Washington, d.c., told of board members, chapter leaders, and law school and virtue founded upon the rule the work of former dean Bruce of law.” The basic values and atti- Hafen in reaching out and liaisons in the J. Reuben Clark Law Society’s his- tudes exemplified by Clark expanding the influence of Society members in their prac- the Law School. It was Dean tory gathered in the Huish Lodge at Aspen Grove tice of law were reiterated as (1) Hafen’s feeling that the J. public service, (2) loyalty to the Reuben Clark Law School on October 5, 2001. Present were almost all of rule of law, and (3) appreciation should impact all Latter-day for the religious dimension in Saint attorneys and that efforts the past chairs of the Law Society Board: Ralph society and in a lawyer’s personal should be made to reach those life. Sessions on delegating, bal- who were not alums of either Hardy (1987–1992), the founding chair; Honorable ancing religious and professional byu or the Law School. Ralph commitments, and using meet- Mabey, a 1972 Columbia Law Charles “Bud” Jones (1995–1997); ings to align organizations School graduate, stated that Ralph Mabey (1997–1999); were held. A fireside featuring the work of the Clark Society and Marsh Tanner (1999–2001). President Merrill J. Bateman and should be a way to bind Latter- Only Gary Anderson (1992-1994) Jeffrey Marsh as speakers con- day Saint attorneys together was absent. cluded the day’s activities. irrespective of the circum- On the previous day Clark Meetings at Aspen Grove stances of their practices. Society members met with law the next day focused on ways to Bill Atkin, Office of General students at the J. Reuben Clark motivate and show the benefits Counsel for The Church of Law School and were intro- of pro bono service to volunteer Jesus Christ of Latter-day duced to the new Clark Society boards. Many of the past chairs Saints—who took over the mission statement: “We affirm spoke in a lunch session intro- chair’s duties from Marsh the strength brought to the law duced by Reese Hansen, dean Tanner later in October— by a lawyer’s personal religious of the Law School. Ralph joined Tanner and Dean conviction. We strive through Hardy, a 1968 graduate of De Hansen in the closing remarks.

30 clark memorandum class notes e-mail your professional news to copel @ lawgate.byu.edu

class of 1976 Tom Seiler (Provo) is serving on the ing as chief, technology division, of the Air class of 1985 Utah Trial Lawyers Association Board of Force Material Command Law Office in the Claudia Laycock, a Utah County pros- Scott Cameron, former associate dean Governors. Wright-Patterson Air Force Base in Ohio. of the Law School, is serving as president of ecutor, was named to the Fourth District Steven Snow (St. George, ut) practices Dennis Jensen is with the law firm Garrett the Pennsylvania Pittsburgh Mission. Court. with Snow Nuffer. He has served as an Area & Jensen. Daniel J. Carpenter is in accounting for Darrell K. Smart (Yakima, wa) is in solo Authority Seventy for the Utah South Area Evan A. Schmutz is with Hill Johnson & ati Tools (a division of Snap-On Tools, Inc.) practice in the area of plaintiffs workers’ since April 1999. Schmutz in Provo. in Escondido, ca. compensation. J. Frederic Voros is now chief of the appel- Stan Ellis (Houston, tx) has been called to Miriam A. Smith is assistant professor late division of the Utah Attorney General’s class of 1983 serve as president of the Brazil San Paulo at San Francisco State University, where Office in Salt Lake City. North Mission. Michael R. Brown (Laguna Hills, ca) is she teaches law management and ethics Stuart T. Matheson has left elf and entertainment law in the broadcast class of 1978 employed with Michael R. Brown, a law cor- Technologies, Inc., and is now with poration. and electronic media department. Matheson, Mortenson, Olsen, Jeppson David R. Clark has been called as presi- Stephen J. Dahl (Las Vegas, nv) was voted class of 1986 in Salt Lake City. dent of the Poway California Stake. the top-rated justice court judge by the John L. Valentine, partner at Howard, Lynn P. Heward is an attorney at DeBry’s Clark County Bar Association for the third D. Cornell Evans, a civilian leader attorney Lewis, & Peterson in Provo, is serving in new office in Utah County. The firm prac- consecutive time. at Hill Air Force Base, ut, practices labor the Utah Senate. tices mainly in the area of personal injury. David J. Holdsworth, president of the law with the u.s. Air Force. Utah Employment Lawyers Association, has Rick Roskelley is a shareholder in Littler class of 1977 (Reunion Fall 2002) class of 1979 relocated his office to Sandy, ut, specializ- & Mendelson, Las Vegas, nv, a large ing in employment law. employment and labor law firm. Ralph L. Dewsnup (Salt Lake City) is David F. Evans (Salt Lake City) is serving as Steven J. Lund (Provo) is president and serving on the Board of Governors of the president of the Japan-Nagoya Mission. ceo of NuSkin Enterprises. Utah Trial Lawyers Association. Rondo Fehlberg is an executive vice presi- class of 1987 (Reunion Fall 2002) J. Craig Smith (Salt Lake City), with Stan Hatch (Albuquerque, nm), partner dent for Switchpoint Networks, Inc. William J. McCann is the first vice presi- Nielsen & Senior, was recognized as the at Hatch, Allen & Shepherd, has served Thomas L. Kay is a district judge in Davis dent of First of Michigan, a division of outgoing chair of the Energy, Natural as president of the Albuquerque New County in Utah. Fahnestock & Co., Inc., a member of the Resources, and Environmental Law Section Mexico Stake for the past eight and a New York Stock Exchange. of the Utah State Bar. half years. class of 1980 James M. Rettalick was appointed vice J. Scott Williams (Irvine, ca) is in solo M. Dwight Hurst (Albuquerque, nm) is a president of Corporate Counsel for Richard Rife (Orem) is serving as presi- practice. board-certified specialist in trusts, estate Cryocon, Inc., of Ogden, ut. dent of the Korea Taejon Mission. planning, and probate. David Ricks has been elected new bar Stephen A. VanDyke (Farmington, ut) class of 1984 Marianne Jennings (Tempe, az), an president for Southern California. award-winning newspaper columnist, had is serving as judge for the Second District Rick N. Bryson is a shareholder at Sanders the article “The Evolution and Devolution Juvenile Court. & Parks, Phoenix, az. class of 1989 of Journalistic Ethics” published in the John J. Egbert is a partner at Jennings, Hillsdale College magazine Imprimis. class of 1981 Mark Cottle is employed with Newton, Strouss & Salmon, Phoenix, az. Scott Johansen is a juvenile judge. Cottle & Westenhaver. After eight years on Michael L. Allen has joined the law firm Scott Ferri (Provo) is a professor for byu Steven G. Johnson, director of Legal the city council, he is now serving as mayor of Ballard, Spahr, Andres & Ingersoll in Salt Education Leadership and Foundations. and Administrative Services, Norbest, Inc., of Sherwood, or. Lake City. recently returned from the Tigray Region Joseph Higley (Higley, az) placed third out Michael B. Knudsen (Sacramento, ca) Dana S. Kinnison (Bakersfield, ca) is a of northern Ethiopia where he taught pro- of 245 law graduates on the February has formed his own firm, Knudsen & deputy public defender at the Kern County moters how to help farmers organize and Arizona Bar Exam. Associates, specializing in California legisla- Public Defender’s Office. manage cooperatives. Kevin Johnson was recently elected part- tive and regulatory advocacy. Clark Price is a senior judge on the Navy- Rick D. Nydegger, of Workman, ner at the Denver firm Holland & Hart llp, David M. McGrath accepted a position as Marine Corps Court of Criminal Appeals. Nydegger & Seeley, Salt Lake City, has where he practices in international and in-house counsel for Zion’s First National James W. Stewart, formerly of Jones, been appointed to the national executive domestic business transactions. Bank in Salt Lake City. Waldo, Holbrook & McDonough, has committee of the American Intellectual Mark D. Olsen (Idaho Falls, id) is manag- Chad B. McKay has been practicing solo joined the firm of Wood & Crapo in Salt Law Association. ing counsel of Bechtel bwxt Idaho, the for the last 12 years. His eight sons help run Lake City. Don E. Powell and Alan B. Gunter management and operating contractor of their farm in Huntsville, ut. (Richland, wa) have been in partnership the Idaho National Engineering and W. Shan Thompson is an equity share- class of 1982 (Reunion Fall 2002) for 22 years, practicing in the areas of real Environmental Laboratory. holder with Copeland, Cook, Taylor & Bush estate, construction law, and estate Randall J. Bunn is with the u.s. Air Force Ryan E. Tibbits is general counsel of pa, practicing litigation, insurance-related planning. in the Judge Advocate’s Department, serv- Lineo, Inc., in Lindon, ut. matters, and employment law.

clark memorandum 31 class notes

class of 1990 tices government contract litigation for the class of 1997 (Reunion Fall 2002) Paul C. Farr (Logan, ut), in practice at Air Force and is stationed in Dayton, oh. Perry, Malmberg & Perry, recently authored J. Jordan Christianson is an attorney at Jim Alder has recently joined the law firm Nathan Pace (Salt Lake City) is employed the article “Will nepa Curtail Design-Build DeBry’s new office in Utah County. The of Clyde Snow Sessions & Swenson in Salt at Pace & Hughes. Contracting?” in Contract Management, firm practices mainly in the area of personal Lake City as an associate and practices Linda Thorne moved to Lander, wy, to September 2000. injury. water law. practice tax and estate planning with Macy J. Dax Hansen in practice at Perkins Coie, Alan K. Flake accepted the position of vice David M. Buchanan is now an associate in & McKee llc. has been elected to the Board of the president and general counsel for EmWare, the office of Brobeck, Phleger & Harrison in Washington Japan-America Society. Inc., a device-networking software com- San Diego, ca. class of 1994 Laura Jane Hansen (Kaysville, Utah) pany located in Salt Lake City. Bob Carlson was recently elected to the is the permanent law clerk for Judge John Geddes, general manager of Triple Curtis Anderson was recently hired by 14-member board of governors of the 1000- Ted Stewart, u.s. District Court in Salt Play, a new indoor entertainment center, in Barker Botts llp, where he will practice member Oregon Trial Lawyers Association. Lake City. Hayden, id, has practiced law in Coeur corporate law. Pattie Christensen resigned her position Todd Hilbig (Salt Lake City) is an associate d’Alene for 10 years. Alan K. Hyde (Phoenix, az) has teamed as associate for Holme Robert & Owen in practicing litigation at Morgan, Meyer & Patricia L. LaTullippe (Salt Lake City) has up with three other attorneys to form October 2000 to accept the position of Rice lc. ventured out on her own, practicing in the Holm, Wright, Hyde & Hays. vice president of e-trust Network. Jeanette McGlamery is an associate in areas of family law, business, real estate, Gregory R. Knight (Scottsdale, az) was Kennes Ma is employed with the Los the litigation department at Holland & and personal injury. recently promoted to vice president and Angeles District Attorney’s Office. Knight llp in their Boston, ma, office. Dean L. Rostrom is senior associate direc- general counsel of Olympus Hospitality Colin W. McMullin (Salt Lake City) is Dewayne Nobles is a law clerk to u.s. tor for Deutsche Bank Securities, Inc., New Group, an international hotel company. associated with the law firm of LeBoeuf, District Court Judge Roger L. Hunt. York, ny. Brian P. Miller recently became a share- Lamb, Greene & MacRae. Jon A. Stenquist is a tax attorney for a Karl M. Tilleman, of Dalton Gotto holder at Snow, Christensen & Martineau Kirsten Hall McNelly is an associate prac- Houston energy company, practicing irs Samson & Kilgard, has been called as presi- in Salt Lake City, where his practice focuses ticing environmental litigation with Foster, controversies and litigation. dent of the Tempe Arizona West Stake. on defending doctors and hospitals in Swift, Collins & Smith pc in Lansing, mi. medical malpractice cases. Andrew P. Pickering is an assistant class of 2000 class of 1991 Roy L. Montclair (Salt Lake City) is prosecutor in the civil division of the employed with Snow Nuffer. Clark County Prosecutor’s Office, Eric Baxter is an attorney with the u.s. Jeffrey L. Laurence (Redmond, wa) is Michael D. Rawlins (Henderson, nv) is Springville, oh. District Court in the Eastern District of working as corporate counsel at Safeco Life associated with the law firm of Rooker Christopher P. Simkins is an associate in Michigan. Insurance Company. Gibson & Later. the office of Wilmer, Cutler & Pickering, Jennifer Decker is an associate at Fabian Witney E. Peterson (Santee, ca) is gen- Glenn A. Rowley (Irvine, ca), an associate Washington, d.c., with a general litigation & Clendenin in Salt Lake City. eral counsel, vice president, and secretary with Crowley & Moring llp, is deploying to practice. David D. Garner, employed at Lewis & of Mad Catz, Inc. Kuwait for 106 days as a Reserve Judge Christopher D. Wall is with McDermott, Roca, in Phoenix, az, will be finishing up his Michael A. Royal, a partner at Cohen Advocate in the California Air National Will & Emery, Washington, d.c. clerkship with Judge Michael Ryan of the John Day Jones & Royal in Las Vegas, nv, Guard. Arizona Court of Appeals this August. is serving a two-year term as justice of Arwen Westover (Provo) is employed class of 1998 Julie H. Gheem (Salt Lake City) is practic- the peace. with Hill, Johnson, Schmutz. ing intellectual property law at Kirton & Ed Zendejas, the first Omaha Tribe Jeffery B. Adair is with Olson & Hoggan in McConkie. judge with a law degree, practices law Logan, ut, and specializes in estate planning. class of 1995 Rebekah Griffin created a Provo affiliate of and teaches at the University of Nebraska James L. Ahlstrom has joined Parr, the Western Boys Baseball Association at Omaha. Shawn M. Guzman, chair of the Waddoups, Brown, Gee & Loveless of Salt (wbba) in 1999. Springville Planning Commission, works Lake City, following a clerkship with Justice Joseph P. Hardy is an associate at Beckley class of 1992 (Reunion Fall 2002) as a legal counselor and director of Charles E. Jones of the Arizona Supreme Singleton, Las Vegas, nv. the Utah Association of Counties Court. Yanne T. Kobayashi has accepted a posi- Steve Baldridge is employed at Southern Insurance Mutual. D. Nicholas Carroll is a partner with tion as a real estate securitization under- Virginia University. Todd Nielsen (San Diego, ca) has joined Zufelt & Carroll in Sheboygan, wi. writer at ubs Warburg in Tokyo, Japan. David Barrett is an assistant attorney gen- Brobeck, Phleger & Harrison, where he prac- Conrad H. Johansen (Salt Lake City) is Kimberly A. Mantz is employed with eral with the Missouri Attorney General’s tices in the area of real estate transactions. with Babcock, Bostwick, Scott, Crawley & Kutak Rock llp in Scottsdale, az, with an Office in Jefferson City, mo. Price, specializing in construction law. emphasis on commercial litigation and Steve Bowman is senior corporate counsel class of 1996 Christopher J. Kyler (Salt Lake City) is bankruptcy-creditors’ rights. for Latin America for Blockbuster, Inc. general counselor with the Utah Association Erin Givens is employed by Nexus-Lexus Jason S. Nichols (Salt Lake City) has Kimberly Allred Chatlin is with Trafton, of Realtors. in Salt Lake City. joined Parsons Behle & Latimer, concen- Chatlin & Olsen, Ltd., in Las Vegas, nv, and Daryl Sam (Salt Lake City) has joined Robert M. Jensen (St. George, ut) trating on real estate and corporate law. Denver, co. the law firm of Snow, Christensen, & formed the new law firm of Jenkins & David A. Nill is working at Woodbury & Martineau. Kesler in Salt Lake City. class of 1993 Jensen, practicing in construction, real estate, and general litigation. Kurt Richter works with Netigy class of 1999 Patrick J. Ascione recently expanded his James Lee is with Lewis and Roen llp in Corporation in Bountiful, ut, as a senior private practice to a firm including three Phoenix, az, practicing in estate planning D. Heath Bailey (Henderson, nv) is asso- consultant. additional partners. and tax-exempt organizations. ciated with the law firm of Rooker Gibson Dawn Steadman is a judicial clerk for the Michael D. Bouwhuis (Ogden, ut) is in Jim Phipps joined Wiley, Rein & Fielding in & Later. u.s. Court of Appeals for Veterans Claims. solo practice. Washington, d.c., after he and his family David M. Carter recently joined Snell & Steven P. Haight works at the Defense returned from Saudi Arabia last year. Wilmer in their Salt Lake City office, prac- class of 2001 Appellate Division in Washington, d.c., Kurt Rowley is assigned to a special prose- ticing business and finance law. and was promoted to major in June 2001. cution unit in the San Bernardino County Rodrick J. Coffrey has returned as an Jeffrey J. Drouby has joined the Salt Lake Grant Kratz has been promoted to the District Attorney’s Office and handles crimes associate to the firm of Morrison & Hecker City firm of Parsons Behle & Latimer as an rank of major in the u.s. Air Force. He prac- against children. llp in Phoenix, az. associate.

32 clark memorandum Clark Memorandum J.Reuben Clark LawSociety J.Reuben Clark LawSchool BrighamYoung University

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