I To Remain As Your Guardian Angel, We Go Through Copying Hell ..-c:?-~ t ,. ./ J I "'. DoN'T BLAM YOURELF. To reduce the ~J;;'- r, burden of your trials, we can't avoid it. To deliver HeavenSent™ Legal Copy- w.g, We must go though purgatory. -,)¡f0 ............ ......To see what we mean, tae a glance 0\1 Copying Checklist From Hell. .. ..~¿z__.'0\'- ~O~~ ~Cbecldis caes torment due to the . .. bêr of ties we have to check and THE COPYING CHECKLIST FROM HELL ~y()~ copies. rius, it tells you (A 28-point legal copying checklist to stop us from committing sin.) ø.~ther COpy~g service dares ;s~,tbey niay say they do it o Client's project promptly picked up . ~ViIs~.Bllt when their feet hit o Client's specifications reviewed, compared to documents ,#oldø they? o 28-point Work Order of Instructions completed lOpet~l)ay or night, we o Project and Work Order delivered to Project Coordinator' ,emQl\ to. complete your o Deadline compared with estimate of project's completion lCt$.iYetwe still manage to o Project and Work Order reviewed with Production Manager o Client called to clarifY any unclear instructions :.J~\I~\ldian Angel due to l':,Açcuracy. (We don't like o Project and Work Order delivered to Copy Operator o Operator makes sure Work Order is always in view PWt . mto purgatory any more o Document's binding needs noted (clips, staples, bind, etc.) o-~svet().)We also keep a close o Each original checked for margin notes, two-sided, etc. " '..for, compliance. with court o Copier set for optimum quality on each page, as needed ed foimats. o Before copying, each original page counted by hand $ocaH down your Guardian Angel o After copying, each copy counted by hand inLlttgators Overnight. With Heaven o Each copy checked for quality and accuracy t1l Legal Copying, we're the o "Best Possible Copy" markers inserted to flag poor originals s\Ver to your prayers. o Project and Work Order delivered to Finishing Dept. o Finishing instructions reviewed (binding, hole-punch, etc.) ,I ~ o Finishing completed ~.. o Project and Work Order delivered to Quality Assurance Inspector BIAVIR o Work Order in clear view at all times o Each and every copy compared to original, page by' page SElf! o Binding/finishing inspected for compliance with Work Order LEGAL COPYING o Project packaged according to Work Order o Inspector signs "Assurance of Quality" Certifcate Litigators Overnight Le. , . ¡ , .I" .' ~~.t ": . .'~ s~~~~t$\ o Project and Work Order delivered to Project Coordinator il¡~¡~r1r;~::¡:¡:::: o Project promptly delivered to client Copying. Trial Exhibits. Imaging & OCR o Follow-up call to client to ensure satisfaction Downtown SLC: 363-3330 t - ..~.. .,.... IT USED TO BE SO EASY TO SETTLE DISPUTES. ¡ r One quick, well-aimed shot. In earlier times that was all it took to settle an argument. The expert financial witness of Coopers &: Lybrand is the weapon you need for today's legal battles, We provide insight ACCURACY ,l- and integrity, The standard of I~ excellence and diversity of UNDER PRESSURE I Coopers &: Lybrand makes us one of the most respected sources for expert 1\ financial testimony. After all, you may only get one shot. 'I No single experl is right for all cases, We offer specialists in: . antitrust. bankruptcy services . construction disputes . contract disputes 1\ . economic/valuation studies . environmental/toxic tort. fraud/investigative accounting . lender liability' securities/futures . troubled company services L We stand with you in trial preparation. We stand tall in the courtroom, Coopers Financial Yesterday, it was the pistoL. Today, it is Advisory ServicesSM the expert financial witness of Coopers & Lybrand &: Lybrand, Independent. Objective. Alan V. Funk Gil A. Miler Craig M. Jacobsen Reliable. Accuracy under pressure, Rick Hoffman Angela Granato Buffy Sprouse Brett Houghton Susan Paulsen Jil Goold (SOL) 531-9666 FAX (SOL) 363-7371 ..1 t ì f l í i l I li! U II II 1'~ Volume 1 Number 3, Winter 1996 YQl~QlßtLITIGATION SECTION CONTENTS: '1 FROM OUR PERSPECTIVE THE JUDICIAL PROCESS Trial by Jury is Essential to The Judicial Rules Review Committee Civil and Political Liberty . , .. , ,.. , . , . , . , . , , . , , 3 by Lisa WaffsBaskin , .:.... ..... ..".......,....... 28 l' REPORT FROM THE CHAIR CASES IN CONTROVERSY Sullvøn \1. Scou/ar Grain:lnjJréd . Civilty Is Not Optional . , . , . , . , , . , . , . 6 Employees Further Forced to Bear Búrden of Boss's Neglect LEnERS FROM OUR MEMBERS. , . , , , , , . , . 8 by A/an W. Mortensen" . , , , .,. , . .. , . , . , . , , . , , . .' . 32 CIVIL LITIGATION A CREDIT TO THE PROFESSION Report of the Civilty Committee Jane Marquardt.,."."."........,..,.......,.......35 by Craig G. Adamson. , , . , . , . , . , , . , 10 BAR & BENCH THE CIVIL LITIGATOR.,...,.......".,..,.."... .11 HoW to Win Cases and Influence People (on the Bench) POINT/COUNTERPOINT - by "She Who Must Be Obeyed" ,., , . , .. ..... ,..."..36 MANDATORy'PRISON SENTENCES Smoothing the BumpsAIQng the Way' , to Uniform Procedure" '. ' Why Minimum Mandatory Sentences Should Be Repealed by Roger H. Bullock, , .. ....,..,.,. , , .. , . .39 by Judge Bruce S. Jenkins . , . , . , . , , . , .. , . , . , .. .12 Letters to Lennie... ..".". ",. ".... ...,.,..."..,....,41 The Case for MandCltory Prison Sentences ' by Brent D, Ward ""...,.."..,.,.",.....,.,....... 16 IN MEMORIAM , RobertD.Moore by Kevin M. McDonough, . , . ;. , , . ,. ,.. , . , . , , . , , 43 l PRACTICE POINTERS Trial Basics: Using Exhibits by Francis), Carney, . , . , , , . " . , : . , . , . , . , . , , 18 " AMUSEMENT IN THE LAW t Potential Tax Advantages of And What No Good Can You Gross' Fee' Arrangements Be Up to During Tin1,eOut? , . ., . , .. ,... " . , . 45 by Charles R, Brown .,....... ...,.,..,; ,',..,.,.. .22 Is the Law a Lass?,..,..,..,..,.,..,..,......,..",.. 46 POINT/COUNTERPOINT - PROPOSED,CHANGES IN MEDICAL MALPRACTICE LAW Physician "Reform,sHof the Mj!dical Malpractice Laws in Utah - Don't Confuse Them with Fàcts, Their Minds Are Made Up by Rà/ph L Dewsnup "........,.,.....,..,..,..."..,. 24 VOIR DIRE WINTER 1996.1 Medical Medical Prescreen Records Service Review YQ!ltQlßÇLITIGATION SECTION Phone conference Written review of with physician medical records specialist for case by board -certified Editorial Board: Ross C. Anderson, Editor-in-Chief merit evaluation physician specialist Kate A Toomey, Managing Editor ""All physicians available for depositions Victoria K. Kidman, Editor and expert witness testimony Samuel D. McVey, Editor David L. Miller, Editor Paul M, Simmons, Editor Contributors: Craig G, Adamson Rolph L. Dewsnup .,~~E.DICAL Ross C. Anderson Hon. Bruce S, Jenkins Lisa Watts Baskin Hon. Leslie A Lewis Charles R, Brown Kevin M. McDonough . Pit PINIONSm Roger H. Bullock Alan W, Mortensen Francis J. Corney Kent B. Scott 800/654-2422 · (801)261..3003 Martin W. Custen Brent D. Ward LoreleiChernyshov, ext. 446 Litigation Section Executive Committee: Kent B. Scott, Choir Philip R. Fishier 670 East 3900 South, Ste.300, SLC, UT 84107 Jeffrey R. Oritt, Choir-Elect Tracy H. Fowler Victoria K, Kidman, Secretary Janet A Goldstein Craig G. Adamson Hon. Stephen L. Henriod Steven J. Aeschbacher James C. Jenkins Ross C. Anderson David J. Jordon P. Bruce Badger Hon. Gordon J. Low W. Cullen Bottle Julie V. Lund Hon. William B. Bohling Ellen Maycock Roger H, Bullock Frank Pignanelli Francis J. Corney Justice Leonard H. Russon MERIT Scott Daniels Teresa Silcox -REPORTERS- Cameron S. Denning Anne Swensen WHEN QUALITY COUNTS Raymond J. Etcheverry John L. Young Assistant: Graphic Design: UT'S MOST CERI FI Koren McMicken Bailey-Montague & Associates Cover Art: Printing: · Daily Copy-No Added Cost Trav Winn Advance Graphics, Inc. (Ask for Caseview) Voir Dire is a quarterly publication of the Litigation Section of the Utah State Bar, The opinions contained in Voir Dire are those of the contributors, · Free Mini-Transcripts and not necessarily of the Litigation Section. Voir Dire will review original articles submitted for publication. Please submit proposed articles to Voir Dire, 50 West Broadway, · 5 - Day Delivery 700 Bonk One Tower, Salt Lake City, Utah 84101-2006. The Editorial Board reserves the right to edit all submissions accepted for · Full Litigation Support publication, With appropriate attribution, Voir Dire articles, or portions thereof, may be reproduced, quoted or praised with, impunity. 322-3742 ¡ The Editors of Voir Dire are pleased to announce that the Utah State i 185 So. State #380 Salt Lake City, UT 84111 Bar will generously provide funds so that all members of the Bar will receive at least this and the next issue of Voir Dire. Ii i , f 2. VOIR DIRE WINTER 1996 T 'fROM OUR PERSPECTIVE Trial by Jury Is Essential to Civil and Political Liberty lf If liberty and equality as is to stand for all we mean by English jus- thought by some, are chiefly to be tice;// and Cynthia J. Cohen warned in 1991 t found in democracy, they will be that //(uJnless we find new respect for the best attained when all persons Seventh Amendment, one of the basic alike share in the government to elements of our democracy may be lost.// the utmost. What //reasoning,// then, comprises the ammunition of the recent assaults on the ~ Aristotle, Politics, book IV, ch. 4 institution of trial by jury? A recent peru- sal of newspaper columns and letters to Juries are called the bulwarks of the editor provides some curious, yet com- our rights and liberties; and no mon, observations. For instance, a letter country can ever be enslaved as appearing in The Salt Lake Tribune offers long as those cases which affect the following commentary: //What does the their lives and property are to be Simpson trial prove about our joke of a decided, in a great measure, by Trial by jury is a right guaranteed by justice system? If you have enough money, the consent of 12 honest, disin- the Magna Carta and by the constitutions you can get away with murder - twice.// terested men. of the United States and every state in this nation. Its roots go back at least That letter echoes what many of us - Samuel Spencer (1788) 4000 years, perhaps to the Ken bet in have heard almost every day since the (quoted in Schwartz, 4 ancient Egypt, where juries were com- verdict.