~ - .. II .. II II I' II , iI 'I i ii I If !6 I 'I UTAH BAR JOURNAL. ~ Vo1.8 NO.9 November1995; ló ~~ rl g¡ Il ~ ~ .. .. .~ I 1 II .,II 'i Il II ii II ,¡ It D . i The Premier 1dial Lawyer's Semina:r: It ~ The Ultimate Utah Trial Notebook . ~ II u .~ fi Colilector's Issue ~ Il I II ß II II ~ ,;~ .. .. J ¡Ißi,ini1AHhCOMPlII Move over Nexi. Now Westl has more business and ficial inormation. Ii Move over Nexis"'. Fifty percent more full-text market and \X'STIW One name. One souræ for all WES11AW'" now offers tl1e legal community technology newsletters than you wil find your legal and business research neecl. more business and financial infOlmation on Nexis. TO LEARN MORE, CAL 1.800.328.9963. online than you'll find anywhere else. And that's just the beginning. Because Including Nexis. we're adding even more information to The numbers tell it alL. \X'STIAWat an unprecedented pace. For example, WESTIAW gives you more It's no wonder that so many are full-text U.S. newspapers. making the switch from Lexis/Nexis. l' CI Exclusive acces to Dow Jones newswires. I 536309 I 6-9123-1 N8-95 (Q 1995 West Publishing (? West, An American company serving tbe legal world. UtaliD UTAH BAR JOURNAL Published by The Utah State Bar 645 South 200 East Salt Lake City, Utah 84111 Vol. 8 NO.9 November 1995 Telephone (801) 531-9077 President's Message.........................................................................................4 President by Dennis V. Haslam Dennis V. Haslam Commissioner's Report....................................................................................5 President-Elect by James C. Jenkins Steven M. Kaufman OVERVIEW OF THE TRIAL PRACTICE SEMINAR .................................7 Executive Director by Robert D. Maack John C. Baldwin MOTIONS IN LIMINE - PLAINTIFF'S MOTIONS...................................8 Bar Journal Committee by Philip R. Fishier and Editorial Board MOTIONS IN LIMINE - DEFENDANT'S MOTIONS............................. 10 Editor by P. Keith Nelson Calvin E. Thorpe JURY SELECTION .......................................................................................14 Associate Editors by Gordon L. Roberts & Honorable Timothy R. Hanson M. Karlynn Hinman William D. Holyoak DEMONSTRATIVE EVIDENCE .............................................................. ...17 Randall L. Romrell by E. Scott Savage Articles Editors PLAINTIFF'S OPENING STATEMENT .....................................................20 Christopher Burke by Daniel L. Berman Lee S. McCullough DEFENDANT'S OPENING STATEMENT .................................................21 Letters Editor by Carman E. Kipp Victoria Kidman TRIAL OBJECTIONS ................................................................................ ...25 Views from the Bench Editors by Stephen B. Nebeker Judge Michael L. Hutchings DIRECT EXAMINATION ........... .................................................................32 Judge Stephen VanDyke by Ray R. Christensen Legislative Report Editor CROSS EXAMINATION ..............................................................................35 Lisa Watts Baskin by Robert S. Campbell, Jr. Case Summaries Editors PLAINTIFF'S EXPERTS ..............................................................................38 Scott A. Hagen by W. Brent Wilcox Clark R Nielsen DEFENSE EXPERTS ....................................................................................41 Book Review Editor by Harold G. Christensen Betsy L. Ross PLAINTIFF'S CLOSING STATEMENT ....................... ..............................43 "How to . ." Editors by Richard W. Giauque Brad Betebenner David Hartvigsen DEFENDANT'S CLOSING STATEMENT .................................................46 Patrick Hendrickson by David K. Watkiss Judicial Profies Editors POST TRIAL MOTIONS ............................................................ ..................48 Mamie Funk by H. James Clegg Derek Pullan Stephen K. Christiansen State Bar News ...............................................................................................50 ADREditor Utah Bar Foundation ......................................................................................53 Cherie P. Shanteau CLE CaIendar ................................................................................................ .54 Law and Technology Editor R Bruce Findlay Classified Ads................................................................................................ .55 Young Lawyer Representative COVER: Provo Peak and Friends, Utah County by Phillp E. Lowry, Provo, Utah. Michael O. Zabriskie Mark E. Burns Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should contact Randall L Romrell. Associate General Counsel. Huutsman Glen Cook Chemical Corporation. 2000 Eagle Gate Tower, Salt Lake City. Utah, 841 i 1,532-5200. Send both the slide, David Brown transparency or print of each photograph you want to be considered. David Erickson The Utah Bar Journal is published monthly, except July and August. by the Utah State Bar. One copy of each Thomas Jepperson issue is furnished to members as part of their State Bar dues. Subscription price to others, $30; single copies. J. Craig Smith $4.00. For information on advertising rates and space reservation. call or write Utah State Bar offices. Denver Snuffer Judge Homer Wilkinson Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and publica- Committee Liaison tion of advertisements is not to be considered an endorsement of the product or service advertised. Maud C. Thurman Copyright (Q 1995 by the Utah State Bar. All rights reserved. November 1995 3 - -- Vision, Mission and Goals of the Bar By Dennis V. Haslam To represent lawyers in the State of The public standing of lawyers in soci- Afew weeksCommissioners ago, the met Board to review of Barcrit- Utah and to serve the public and the ety is aIso an important issue to our mem- ical issues and goals facing the bar and to legal profession by promoting justice, bers. Our image, in light of recent legal reexamine the vision of the bar and its mis- professional excellence, civility, ethics, proceedings televised nationally, is proba- sion. We waxed philosophical for hours, respect for, and understanding of, the law. bly not too good. Negative public percep- parroted a few Bruce S. Jenkins stories n is pretty hard to argue with this one tions must be changed by setting good about Iawyers, beat on our chests saying except, of course, that we have probably Ieft examples of doing the right thing, both pri- what good peopIe lawyers are, and listened out a few important messages. Nonetheless, vately and publicly. to former Justice D. Frank Wilkins insert a in a relatively simpIe statement, without too few Abraham Lincolnisms. much legalese, we think we've got it. The bar GOALS In the end, we came up, tentatively of should adopt this statement as its mission. Five goals were adopted by the course and subject to your input, with a Each element of the statement is achievabIe Commission: "Vision" of the Utah State Bar, and a Mission if it is reflected in the conduct of all members 1. To promote the administration of justice. Statement, Critical Issues and Goals. of the bar. 2. To uphold and elevate the standards í of courtesy, ethics, competence, profes- VISION CRITICAL ISSUES sionalism, public service and collegiality in A famous disk jockey once said that you We reviewed the many critical issues fac- the legal profession. Do unto other Iawyers as should keep your feet on the ground and ing the bar. In our current environment, the you would have other lawyers do unto you. reach for the stars. Well, here is our Vision: social issues include increasing poverty, vio- 3. To educate the public about the rule of To Iead society in the creation of a lent youth crimes, breakdown of the family, law and the public's responsibilities under justice system that is understood, val- physical abuse, racial discrimination and low the law and to increase public understand- ued, respected and accessibIe to all. income citizens who are unabIe to obtain ing of the roIe of the legal profession within We have much to do in improving the access to the legaI system. the system of justice. public's understanding of our justice sys- Practice issues are particuIarIy significant 4. To provide improved access to legal tem. Once the public understands it they for solo and small firm practitioners. As you services for the public. will value and respect it. As lawyers, we know, approximately 40% to 50% ofIawyers 5. To promote the value of lawyers in need to take the lead in making legal ser- nationwide are small firm and solo practi- the Iegal system. vices accessible to everyone. tioners. Those Iawyers need access to infor- The vision, mission statement, issues mation in order to remain current with IegaI and goals are the fabric of our bar. If you MISSION and technological changes. We are working like any of these ideas, Iet us know. If you We adopted the following as the to get Utah lawyers closer to the web of the don't, let us know. If they can be improved, Mission Statement for the Utah State Bar: ABA internet. let us know that, too. 4 Vol. 8 No.9 The Public Image of Lawyers By James C. Jenkins, Bar Commissioner, First Division to promote the good in our profession and the their unique educational skills and training Perhapspurpose the single of an organized most important Bar is to qualities of our system.