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November 2002 Archives

November 7, 2002

Volume 15 No. 8 November 2002


* President's Message: Dialogue on Freedom - A Resounding Success
* Contaminated Property Transactions After 2002 Superfund Brownfield Amendments
* Arbitration Advocacy Part Two: The Arbitration Hearing
* The New New New Thing Web Services on the Horizon
* Appendix A
* Utah Law Developments: Employment Update: Recent Decisions From the Utah State Courts

Appendix A

"So you're a loyer?"

"No."

"No? But you filled this out and it says 'loyer' right here."

"No. That says 'law-yer.' I practice law, not loy."

I think that's where things went wrong. Never disagree with a doctor, especially a surgeon. Even if you disagree with people for a living. The one who holds the scalpel is always right. (Oh, I forgot, that would be the nurse. Well, don't disagree with a nurse, either. Gloves and tape can be instruments of torture in the hands of someone who has to spend all day with surgeons and has no one to take it out on except tranquilized loyers.) Anyway, arguing with a surgeon is like sending your T-bone back to be cooked a little longer. When you see it again, all you can do is pass out the hankies, say a few comforting words, and scatter it to the wind. And you probably don't want to eat the vegetables.

Continue reading "Appendix A" »

Arbitration Advocacy Part Two: The Arbitration Hearing

Editor's Note: The following article is intended to provide attorneys with an overview of the arbitration process from the arbitrator's point of view. This article has been published in the Utah Bar Journal in two installments. Part One, "Preparing the Case," appeared in the June/July, 2002 edition. This second installment is entitled "The Arbitration Hearing," and will address advocacy practice and procedure used at the arbitration hearing and the rules for the judicial enforcement of an arbitration award.

Introduction
The first installment of this article, "Preparing the Case," discussed the procedures for setting an arbitration proceeding into motion and creating a fair and efficient case management plan. That article illustrated how the attorneys worked with the court to stay the judicial proceedings pending the outcome of the arbitration, while at the same time having the court retain jurisdiction over the case. Second, the article discussed how the attorneys and the arbitrator created a system of rules and procedures to govern the arbitration process. This article will focus on the attorney's role at the arbitration and will offer some suggestions concerning the presentation of the case. The procedures involved with the judicial enforcement of arbitration awards will also be discussed.

Continue reading "Arbitration Advocacy Part Two: The Arbitration Hearing" »

Contaminated Property Transactions After 2002 Superfund Brownfield Amendments

Earlier this year, the Small Business Liability Relief and Brownfields Revitalization Act1 ("Brownfield amendments") amended the federal Comprehensive Environmental Response, Compensation and Liability Act2 ("CERCLA"). This was the most significant revision to CERCLA since the 1986 Superfund Amendments and Reauthorization Act. The Brownfield amendments provide important new liability relief to buyers and developers of contaminated property.

Continue reading "Contaminated Property Transactions After 2002 Superfund Brownfield Amendments" »

Dialogue on Freedom - Participant Feedback

Honorable Jim Shumate, 5th District Court
On Tuesday, September 10, 2002, I met Travis Christiansen outside the office at Hurricane High School to begin our morning working with Mrs. White's classes in the Dialogue on Freedom. The setting couldn't have been better because the classroom where we started had belonged to Travis' father from the construction of the school until he retired as the legendary football coach of Hurricane High. It also didn't hurt that Mrs. White's husband Wes is a member of the Bar and occasionally appears in my Court. The students had all seen the video presentation, so they had a reasonable background, but when school starts at 7:50 a.m. the teenage mind is a bit sluggish. Still, once Travis and I began to volley ideas and questions back and forth we began to get some response. The students were a bit startled by the Socratic method of teaching but the dialogue started to move after about ten minutes.

Continue reading "Dialogue on Freedom - Participant Feedback" »

Dialogue on Freedom- A Resounding Success!

By any measure, the Utah State Bar's Dialogue on Freedom program was a resounding success. A small number of discussions are still being scheduled in schools and therefore the final results will not be known for a few months. However, the lion's share of activity occurred during the week of September 9-13, which Governor Michael O. Leavitt declared as Dialogue on Freedom Week. During that week alone, 1,292 discussions were led in junior high and high school classrooms in more than 110 schools. More than 35,000 students participated.

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Discipline Corner

SUSPENSION
On September 24, 2002, the Honorable Stephen L. Henriod, Third Judicial District Court, entered an Order of Discipline: Suspension, suspending Douglas S. Haymore II from the practice of law for three months for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a) and (b) (Communication), 1.16(d) (Declining or Terminating Representation), 5.3(b) (Responsibilities Regarding Non Lawyer Assistants), 8.4(a) (Misconduct). The suspension is effective beginning September 24, 2002.

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Employment Update: Recent Decisions From the Utah State Courts

A number of significant employment cases decided recently in the Utah State courts are worth noting. This article will discuss those recent cases:

I. Employment Contracts
The "at-will" doctrine governing employment in Utah (permitting either the employer or the employee to terminate the employment relationship at any time for any or no reason) continues to be vigorously challenged. Utah plaintiffs are pursuing claims for breach of contract, both express and implied, based on written and oral representations and other conduct by their employers alleged to have created binding obligations that modify or supplant the at-will employment relationship.

Continue reading "Employment Update: Recent Decisions From the Utah State Courts" »

Letters to the Editor

I thank the Utah Bar Journal for publishing the recent article "enlightening" us on the need for racial and gender equity. It was good to overcome my "ignorance" and "limited vision" and learn that "ability instead of DNA predisposition and skin color" should determine one's place in the profession.

Continue reading "Letters to the Editor" »

Preparing for Mediation in Family Law Cases

There seems to be truth in the old saying "You can't sell something to an uneducated buyer." Even though every individual entering into mediation wants to make the "right" decision, sometimes more information is needed for this to happen. To prepare for mediation, it is important for the legal assistant to ask questions, review all documents and stay current on the developments of the case. Keeping the case organized is critical. In a mediation, all individuals are key players and should voice their ideas and concerns.

Continue reading "Preparing for Mediation in Family Law Cases" »

State Bar News

Commission Highlights
During its regularly scheduled meeting of September 27, 2002, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Don Roney of the Continental Insurance Group Malpractice Coverage distributed an underwriting and claim statistics report to the Commission. It was noted that Westport has an eight-year history with the Bar and approximately 50% of all eligible Utah attorneys buy professional liability through Westport.

Continue reading "State Bar News" »

The Legal Assistant’s Lament and the Lawyer’s Reply

"What is your biggest frustration in your work as a legal assistant?" Earlier this year, a lawyer posed this question to a number of legal assistants when preparing for a luncheon address. When I read the responses, I was struck by the common theme. While I soon realized that these responses could form the basis for an article here, I knew it was important to have input from some lawyers lest this thing take the appearance of lawyer-bashing. Their responses, too, are thought-provoking.

Continue reading "The Legal Assistant’s Lament and the Lawyer’s Reply" »

The New New New Thing1 Web Services on the Horizon

I coach soccer, and one of the hardest things to teach an 8 year-old is to go to where the ball is going to be, instead of where it is. Without this knowledge, all of the players bunch up around the ball. The problem really becomes apparent when a few players on the other team figure this concept out. Whichever players or team master this concept first, have tremendous advantages on the field. The games can end up with very lop-sided scores (and frustrated coaches).

Continue reading "The New New New Thing1 Web Services on the Horizon" »

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About November 2002

This page contains all entries posted to Utah Bar Journal in November 2002. They are listed from oldest to newest.

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