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Volume 26 No. 6 Nov/Dec 2013 Nov/Dec 2013 6 26No. Volume Utah Bar® JOURNAL Make the right move Some of our successes in 2012 included: More than 300 lawyers have referred injured clients to Eisenberg Gilchrist & Cutt because they know we get top results. We approach every case as a • $3.5 million for bad faith claim serious piece of litigation, whether it is worth $100,000 or $10 million. • $3.1 million for ski accident case Call us if you have a new injury case or want to bring experience to a • $2.0 million for brain injury case pending case. We tailor fee arrangements to suit your clients’ needs, and • $1.0 million for medical device case we help fund litigation costs. • $950,000 for auto collision case Let our experience add value to your case. 900 PARKSIDE TOWER • 215 SOUTH STATE STREET • SALT LAKE CITY, UTAH 84111 • TEL: 801-366-9100 TOLL-FREE: 877-850-3030 FOUNDING PARTNERS ARE JEFFREY D. EISENBERG, ROBERT G. GILCHRIST AND DAVID A. CUTT www.egclegal.com Table of Contents Utah Bar Editor’s Message | Celebrating 40 Years 7 by William D. Holyoak President’s Message | The People and Organizations Within the Bar 8 by Curtis M Jensen ® Views from the Bench | Judicial Activism, Restraint, & the Rule of Law 12 by Justice Thomas R. Lee Utah Appellate Law Update | Preserving Issues in Utah Appellate Courts 20 JOURNAL by Noella A. Sudbury Focus on Ethics & Civility | A Ghost Story 24 by Keith A. Call Utah Law Developments | Management Duties Under the Utah Revised Uniform LLC Act (Effective 1/1/14) 26 by Langdon T. Owen, Jr. Utah Bar Foundation | The Utah Bar Foundation Celebrates 50 Years of Service 36 by The Honorable Augustus Chin and Kim Paulding Utah Law Developments | Appellate Highlights 38 by Rodney R. Parker and Julianne P. Blanch Article | The Uniform Law Commission: What You Know Can Help Us 42 by Justice Michael J. Wilkins Article | Civility Revisited 45 by Donald J. Winder Article | Symposium and Gala Cap Off S.J. Quinney College of Law’s Centennial Celebration 49 by Barry Scholl Book Review | Business and Commercial Litigation in Federal Courts, Third Edition 52 Reviewed by Michael D. Zimmerman State Bar News 55 Young Lawyers Division | Young Lawyer of the Year 65 Paralegal Division | Privacy & Security: A Quick Look into the Omnibus Final Rule of the HIPAA & HITECH Acts 66 by Heather J. Allen CLE Calendar 68 Classified Ads 69 The Utah Bar Journal is published bimonthly by the Utah State Bar. One copy of each issue is furnished to members as part of their Bar dues. Subscription price to others: $30; single copies, $5. For information on advertising rates and space reservations visit www.utahbarjournal.com or contact Laniece Roberts at [email protected] or (801) 910-0085. For classified advertising rates and information please call Christine Critchley at (801) 297-7022. Volume 26 No. 6 Statements or opinions expressed by contributors are those of the authors and are not necessarily those of the Utah Bar Journal or the Utah State Bar. Publication of advertisements is not to be considered an endorsement of the product or service advertised. Nov/Dec 2013 Copyright © 2013 by the Utah State Bar. All rights reserved. Cover Art Matheson Courthouse, by Steve Densley, American Fork, Utah. ______________________________________________________________________________________ Members of the Utah State Bar or Paralegal Division of the Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should send their photographs (compact disk or print), along with a description of where the photographs were taken, to Utah Bar Journal, 645 South 200 East, Salt Lake City, Utah 84111, or by e-mail .jpg attachment to [email protected]. Only the highest quality resolution and clarity (in focus) will be acceptable for the cover. Photos must be a minimum of 300 dpi at the full 8.5" x 11" size, or in other words 2600 pixels wide by 3400 pixels tall. If non-digital photographs are sent, please include a pre-addressed, stamped envelope if you would like the photo returned, and write your name and address on the back of the photo. Interested in writing an article for the Utah Bar Journal? The Editor of the Utah Bar Journal wants to hear about the topics and issues readers think should be covered in the magazine. If you have an article idea or would be interested in writing on a particular topic, please contact us by calling (801) 297-7022 or by e-mail at [email protected]. Guidelines for Submission of Articles to the Utah Bar Journal The Utah Bar Journal encourages the submission of articles message may be more suitable for another publication. of practical interest to Utah attorneys and members of the bench for potential publication. Preference will be given to Content: Articles should address the Utah Bar Journal submissions by Utah legal professionals. Submissions that audience – primarily licensed members of the Utah Bar. have previously been presented or published are disfavored, Submissions of broad appeal and application are favored. but will be considered on a case-by-case basis. The Nevertheless, the editorial board sometimes considers following are a few guidelines for preparing submissions. timely articles on narrower topics. If an author is in doubt about the suitability of an article they are invited to submit it Length: The Utah Bar Journal prefers articles of 5000 for consideration. words or less. Longer articles may be considered for publication, but if accepted such articles may may be Editing: Any article submitted to the Utah Bar Journal may divided into parts and published in successive issues. be edited for citation style, length, grammar, and punctuation. While content is the author’s responsibility, the editorial Submission Format: All articles must be submitted via board reserves the right to make minor substantive edits to e-mail to [email protected], with the article attached promote clarity, conciseness, and readability. If substantive in Microsoft Word or WordPerfect. The subject line of the edits are necessary, the editorial board will strive to consult e-mail must include the title of the submission and the the author to ensure the integrity of the author’s message. author’s last name. Authors: Authors must include with all submissions a sentence Citation Format: All citations must follow The Bluebook identifying their place of employment. Authors are encouraged format, and must be included in the body of the article. to submit a head shot to be printed next to their bio. These photographs must be sent via e-mail, must be 300 dpi or No Footnotes: Articles may not have footnotes. Endnotes greater, and must be submitted in .jpg, .eps, or .tif format. will be permitted on a very limited basis, but the editorial board strongly discourages their use, and may reject any Publication: Authors will be required to sign a standard submission containing more than five endnotes. The Utah publication agreement prior to, and as a condition of, Bar Journal is not a law review, and articles that require publication of any submission. substantial endnotes to convey the author’s intended 4 Volume 26 No. 6 The Utah Bar Journal Published by the Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org BAR JOURNAL EDITORIAL BOARD Editor Departments Editor Young Lawyer Representative William D. Holyoak Judge Catherine E. Roberts Allyson Barker Managing Editor Utah Law Developments Editor Paralegal Representative Alisha Giles David C. Castleberry Tally A. Burke-Ellison Editor at Large Judicial Advisor Bar Staff Liaison Todd Zagorec Judge Gregory K. Orme Christine Critchley Articles Editors Copy Editor Advertising/Design Manager Nicole G. Farrell Hal Armstrong Laniece Roberts Lee Killian Paul Justensen Andrea Valenti Arthur MISSION & VISION OF THE BAR: The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. We envision a just legal system that is understood, valued, and accessible to all. Letter Submission Guidelines 1. Letters shall be typewritten, double spaced, signed by Conduct, or (c) otherwise may subject the Utah State the author, and shall not exceed 300 words in length. Bar, the Board of Bar Commissioners or any employee of the Utah State Bar to civil or criminal liability. 2. No one person shall have more than one letter to the editor published every six months. 6. No letter shall be published that advocates or opposes a particular candidacy for a political or judicial office or 3. All letters submitted for publication shall be addressed that contains a solicitation or advertisement for a to Editor, Utah Bar Journal, and shall be delivered to commercial or business purpose. the office of the Utah State Bar at least six weeks prior to publication. 7. Except as otherwise expressly set forth herein, the acceptance for publication of letters to the Editor shall 4. Letters shall be published in the order in which they are be made without regard to the identity of the author. received for each publication period, except that priority Letters accepted for publication shall not be edited or shall be given to the publication of letters that reflect condensed by the Utah State Bar, other than as may be contrasting or opposing viewpoints on the same subject. necessary to meet these guidelines. 5. No letter shall be published that (a) contains defamatory 8. The Editor, or his or her designee, shall promptly notify or obscene material, (b) violates the Rules of Professional the author of each letter if and when a letter is rejected. 6 Volume 26 No. 6 Editor’s Message Celebrating 40 Years1 by William D.
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