Utah Bar Journal

* The President's Message: What Lawyers Can Do in Times Such as These
* The Bar, the Courts, Criminal Justice and the Olympics: Handling the Impact of the Olympic Games on the Courts, Law Practice and Criminal Justice in Utah
* Fighting Back on the Internet: A Primer on the Anticybersquatting Consumer Protection Act
* Practice Pointers for Effective Lawyering
* Consumer Assistance Program
* Mediator Focus: Early Neutral Evaluation

Dear Editor:

Assuming Neil Sabin's article "Justice Court, Fairness and the Law"is factually accurate, and I presume the Bar Journal was not engaged in an effort to encourage Mr. Sabin in a failed attempt at fictional humor, then the circumstances described in the article are an outrage. However, the behavior of Mr. Sabin and the Journal in not naming the responsible court, judge, and prosecutors is also outrageous. If the justice court system is broken, it is worthless to detail the problem without identifying the responsible parties. Nothing will be fixed by Mr. Sabin going home and taking a long shower.

It is often said that law school trains one to think like a lawyer, but not how to practice law. Compare legal training to other professions. When doctors graduate from medical school, they can, at a minimum, perform a physical examination. When dentists graduate from dental school, they can at least scrape some tartar from a tooth. Lawyers, by comparison, upon graduation from law school, are unlikely to actually know how to file a lawsuit, let alone try a case.

Your client, ABC Drug Company ("ABC Drug"), a nationally recognized producer of a variety of pharmaceuticals, comes to you with peculiar problem. Several years ago, ABC Drug created a web site using the domain name "www.abcdrug.com," which provides doctors and the general public with a variety of information on diseases, developments in drug therapy, and general information about ABC Drug. The web site has been quite successful, generating more than 10,000 hits per day. Several weeks ago, the General Counsel of ABC Drug received a letter from an individual in the United Kingdom stating that the individual had registered the domain names "abcdrug.net," "abcdrug.biz," "abcdrugcompany.com" and "abc-drug.com" with an U.S.-based domain name registry. In addition, ABC Drug has learned that the individual has registered the domain name "aventia.com," which just happens to be the name of ABC Drug's newest and most promising pharmaceutical drug for treating Alzheimer's disease. For a substantial fee, the person is willing to transfer the domain names using "ABC Drug" back to your client. Otherwise, the individual intends to begin using some of the names for her own purposes, sell them to ABC Drug's competitors, or create an "anti-ABC Drug" web site. How can you help your client regain control of its name and rights without paying the demanded ransom?

In September 1997, the Consumer Assistance Program (CAP) began as a new office at the Utah State Bar as well as a new concept for Utah lawyers. For many, it still is. CAP is the informal program developed to facilitate resolution of minor complaints consumers have about their attorneys. Most often, CAP aids consumers by discussing their concerns with them, informing their attorneys of those concerns, and urging the attorneys to work with the consumers to resolve the concerns. Although termed "consumer assistance," CAP also strives to assist attorneys. Through its efforts at early intervention of minor problems, CAP endeavors to resolve complaints about potential misconduct before the problem escalates into a potential disciplinary matter.

The Bar, the Courts, Criminal Justice and the Olympics: Handling the Impact of the Olympic Games on the Courts, Law Practice and Criminal Justice in Utah
by David Schwendiman

EDITORÕS NOTE: This article was originally delivered as a seminar at the Utah State BarÕs Annual Convention in Sun Valley, Idaho on July 7, 2001. This material has not been revised since the terrorist attacks of September 11, and recent events only further underscore its importance.

Early neutral evaluation is a technique of alternate dispute resolution (ADR). As the popularity of mediation and arbitration as ADR techniques has grown in recent years, early neutral evaluation (ENE) has also grown in popularity and frequency of use.

Utah Code. Ann. ¤ 78-31b-2(7) provides a concise definition of ENE. "Early neutral evaluation means a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement, and assess the merits of the claims." Despite the fact that ENE is specifically recognized and defined in Utah's Alternative Dispute Resolution Act, it seems to be little known and infrequently used in Utah.

I have fielded numerous questions during my short tenure as Chair of the Legal Assistant Division ("LAD") regarding qualification for membership in the LAD. One of the following standards must be met in order to qualify for membership:

Shortly after the terrorist attack of September 11, it became apparent that many Utah reservists and members of the Utah National Guard would likely be activated. In addition, Utah members of the military may be deployed overseas. As a consequence, these women and men and their families may require legal services they would not have otherwise required. On October 5, the Bar sent an e-mail request for pro-bono volunteers to all Bar members who have e-mail addresses on file. I am pleased to report that the response has been overwhelming. Within three days 122 lawyers volunteered to help. In addition several firms comprising 105 additional lawyers volunteered. The entire Cache County Bar Association volunteered. The University of Utah College of Law pro bono project volunteered to provide research or clerk services.

Angela W. Adams
Ronald Z. Ahrens
Cara L. Anderson
Charles P. Archer
Andrew L. Armstrong
Christian D. Austin
Tyler B. Ayers
Daniel H. Bailey
Samuel S. Bailey
Derek J. Barclay

Commission Highlights

During its regularly scheduled meeting September 27, 2001 which was held at the Brigham Young University Law School, Provo, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1.Scott Daniels updated the Commission on some legal developments relating to the events of September 11th. The Commission highly endorsed the new pro bono program assisting military personnel who are in need of immediate and certain legal assistance consisting of powers of attorney, estate planning and the like.

Utah State Bar Young Lawyers Division 2001 - 2002 Leadership

EXECUTIVE COMMITTEE
President: Nate Alder
Treasurer: Christian Clinger
Secretary: Scott Petersen
ABA Rep. Amy Dolce
President Elect: Victoria Coombs Bushnell
Past President: Steve Owens
AOP Co-Chairs:
Stephanie Ames
Mark Quinn

Join in the YLD
by Nate Alder, Young Lawyer Division President

The Young Lawyers Division (YLD) of the Utah State Bar is doing great things. The success of the YLD is the result of many volunteers who participate in Ð and direct Ð our Division. It is also a tribute to our history of strong leadership, as well as continued support from the Bar. For a young lawyer, one of the best ways to improve your skills, network, experience leadership, and generally develop as a lawyer is to participate in the YLD.