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November 2000 Archives

November 13, 2000

Volume 13 No. 9 November 2000

Volume 13 No. 9 November 2000


COVER: Female Bald Eagle in Flight, Willard Bar, Utah by Robin K. Jensen, Esq., Office of the Attorney General, State of Utah.

  • President's Message: Pick Your Next Partner: Social Worker? CPA? Insurance Agent? Engineer?

  • We Are All Casualties of Friendly Fire in the War on Drugs

  • The Federal Tort Claims Act in Utah: A Primer

  • Young Lawyers Division: Law Day Address by Judge Stephen H. Anderson

  • State Bar News

  • From Brooks Brothers to Marx Brothers

  • Utah Bar Foundation

  • State Bar News: Attorney Discipline

  • Young Lawyer Division: Young Lawyer Division Celebrates Pro Bono Opportunities

  • Paralegal Division: Propagating Paralegal Punditry

Pick Your Next Partner: Social Worker? CPA? Insurance Agent? Engineer?

by David O. Nuffer

Lawyers, presently prohibited from sharing fees or management with other professionals, may soon be able to form professionally diverse partnerships. Affiliations of diverse professionals are referred to as “Multidisciplinary Practice.” While the ABA and several large eastern states have rejected the concept of MDP, three western states are moving forward to allow MDPs. Many other states, including Utah, are still in the decision-making process. Utah's Task Force has just released its Preliminary Final Report on Multidisciplinary Practice. Your views are needed before the report will be final.

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We Are All Casualties of Friendly Fire in the War on Drugs

by Ross C. "Rocky" Anderson, Salt Lake City, Mayor

This is an expanded version of the address delivered to the Shadow Convention on August 15, 2000, in Los Angeles, California.

As the rage to punish has overcome rationality, as political opportunism has led us down an utterly destructive path, as opportunities to take a more effective, humane course are repeatedly lost, our nation is engaged in a war. It is a war where those who insist on "staying the course" know their strategy has already failed, and that it will continue to fail; where we - and our fellow citizens - are constant casualties of our nation's disastrous tactics; and where there can be no "peace with honor" - or even just honor - until we honestly face up to the ineffectiveness and injustice of the manner in which we have pursued the war.

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The Federal Tort Claims Act in Utah: A Primer

by Marty Banks

Ms. Hiker, a longtime client and novice outdoors enthusiast, fell and was seriously injured while attempting to scale a mountain peak in a wilderness area managed by the U.S. Forest Service (the "Forest Service"). The rangers who came to the aid of Ms. Hiker told her that the route she was following was for expert mountaineers only. Ms. Hiker said to them that she had not been made aware of this fact and that if she had she would never have embarked on her unpleasant adventure. Another client, Mr. Rancher, has come to you claiming that a Bureau of Land Management (the "BLM") range administrator wrongly ordered Mr. Rancher's cattle off of the public range and that as a result the value of his herd has diminished.

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Law Day Address

by Judge Stephen H. Anderson

Two hundred and thirteen years ago the American people solved the problem of reconciling liberty with order by choosing constitutional democracy. That system established a government of laws, including a judicial branch for protecting rights under the law. Ultimate sovereignty remained with the people. The aspirational principles of this system were set out in the Declaration of Independence and the preamble to the Constitution. They claim for each individual the right to life, liberty, justice and the pursuit of happiness; and for the nation, a more perfect union, a common defense, domestic tranquility, and promotion of the general welfare. The system rested on our mutual agreement to submit ourselves to the moral authority of the law. Thus, under and by the rule of law, we arranged for a responsible freedom in this nation. The Supreme Court has described this arrangement as ordered liberty.

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Introduction to the Young Lawyers Division

by Stephen W. Owens

Let me introduce you to the Young Lawyers Division (“YLD” or “Baby Bar”) of the Utah State Bar. You are automatically a member of the YLD if you are in your first three years of practice or until you are 36 (whichever is longer). I invite you to become active in the YLD and the Bar in general.

The YLD is the largest and one of the most active divisions of the Utah State Bar. We provide continuing legal education, opportunities for social and professional interaction, and charitable community service. Being active in the YLD is a fun way to get involved in the Bar and to develop as a member of our profession.

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Commission Highlights

During its regularly scheduled meeting of September 29, 2000, which was held in Salt Lake City, the Board of Bar Commissioners received the following reports and took the actions indicated:

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Ethics Advisory Opinion Committee Opinion No. 00-06

Opinion No. 00-06
(Approved September 29, 2000)

Issue: What are the ethical obligations of an attorney who, unaware his client will lie, hears the client commit perjury or otherwise materially mislead a tribunal?

Opinion: Counsel who knows that a client has materially misled the court may not remain silent and continue to represent the client; to do so would be "assisting" the client in committing a fraud on the court. Rather, counsel is obligated to remonstrate with the client and attempt to persuade the client to rectify the misleading or untruthful statements to the court. If this is unsuccessful, counsel must seek to withdraw. If withdrawal is denied, counsel must disclose the fraud to the court.

2001 Mid-Year Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2001 Mid-Year Convention. These awards honor publicly those whose professionalism, public service, and personal dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Tuesday, January 16, 2000.

1.Dorathy Merrill Brothers Award- For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award- For the Advancement of Minorities in the Legal Profession.

Notice of Amendments to Rules

The following rule changes have been adopted by the Supreme Court or Judicial Council with an effective date of November 1, 2000. The information is intended to alert Bar members to changes that may be of interest and is not an inclusive list of all changes made. Further information may be found in the following sources:

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From Brooks Brothers to Marx Brothers

by Just Learned Ham

At first I thought casual Friday was a great idea. Since I only owned two suits, it meant I wouldn't have to wear the same one more than twice in any week. So over the course of a month, I'd only be wearing each suit eight times instead of ten, thereby postponing the full depreciation of my wardrobe by a full 25%. Cipher it out, you'll see I'm right. As I also stretch the useful life of my suits by always buying two-pant suits and leaving the jacket hanging behind the door and out of the sun, that extra 25% was real money. (Is it just me, or is the blue Swedish knit a little slicker than the brown? All I know is that in the blue I have to keep the seat belt a little tighter. One unseen speed bump and I'm in the floor mat.)

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Utah Bar Foundation Selects Ethics Award Scholarship Recipient

The Utah Bar Foundation is pleased to announce the 1999-2000 Ethics Award Scholarship has been given to University of Utah Law Student Cheryl Mori-Atkinson. Ms. Mori-Atkinson, who was a graduate in the class of 2000, received an exemplary grade in the Legal Professions course and has a strong record of commitment to public service. She is an able student who is widely respected by faculty, administration and her fellow students. Since graduating in June, Ms. Mori-Atkinson has taken the bar exam and will start as a judicial clerk with Justice Durham in November. Ms. Mori-Atkinson is currently employed at the firm of Giauque, Crockett, Bendinger & Peterson.

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Creative Ways to Support “and Justice for all”

"and Justice for all" strives to facilitate equal access to justice for all citizens regardless of their ability to pay for legal assistance. In order to meet the increasing need for quality, free civil legal assistance for these underrepresented individuals, the major providers of free civil legal services throughout Utah co-founded the "and Justice for all" fundraising campaign in 1999. The Campaign established a stable source of funding from the legal community to support the programs of the Disability Law Center, Legal Aid Society of Salt Lake and Utah Legal Services to ensure access to the justice system for the state's most disadvantaged citizens.

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About November 2000

This page contains all entries posted to Utah Bar Journal in November 2000. They are listed from oldest to newest.

October 2000 is the previous archive.

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