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January 2003 Archives

January 4, 2003

Volume 16 No. 1 Jan/Feb 2003


* President's Message: Who Are We? The Demographics of the Utah State Bar
* A Look at Lawyers Helping Lawyers
* Stress Management
* Disaster Plans and Other Unpleasant Subjects for Attorneys in Private Practice
* The Single Most Profitable Technology?
* The Unsolicited Email Act and Anti-Spam Litigation
* Views From the Bench: Reflections and Observations
* In Memoriam: Robert Wayne Swenson, University of Utah College of Law

A Look at Lawyers Helping Lawyers

The editors and staff of the Utah Bar Journal have graciously announced their intent to dedicate the August/September issue of the Utah Bar Journal to the pursuits and purposes of Lawyers Helping Lawyers ("LHL"). Dr. Lynn Johnson's article on Stress Management in this Journal makes reference to LHL, so this article is intended as a brief background of LHL and how we got started. This article also takes a quick glance at what we are doing at LHL, what we have planned and what to look forward to in that upcoming August/September issue of the Utah Bar Journal.

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Diaster Plans and Other Unpleasant Subjects for Attorneys in Private Practice

Rumor has it that the Utah State Bar provides storage for client files when an attorney leaves the practice of law. It doesn't. Nevertheless, I've answered a surprising number of inquiries about this on the Office of Professional Conduct's Ethics Hotline, and when I ask people where they got that idea, the answer is always that the caller either heard or assumed this was a service the Bar provides its members. Even more commonly, callers want to know how long an attorney must keep client files. This article discusses a lawyer's enduring ethical responsibilities to clients. It also identifies important considerations for developing a disaster plan that will protect clients and at the same time make things easier for the people who survive you or take care of you in the event of your death or disability. Many of these ideas serve as well to protect you and your clients when you retire.

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Discipline Corner

REPRIMAND
On November 15, 2002, the Honorable James L. Shumate, Fifth Judicial District Court, entered an Order of Discipline: Public Reprimand, reprimanding Douglas D. Terry for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a)(Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

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Reflections and Observations

My class at the University of Utah was the first after the end of World War II. We started in September 1945, just one month after the war ended in the Pacific. There were sixty of us, fifty-nine men and one woman - Lucy Redd. By the time we graduated in the spring of 1948, there were only about thirty of us left, including Lucy. In that graduating class were also James E. Faust, Glenn Hanni, Wilford Kirton, Earl Tanner, Maurice Richards, and Verl Ritchie, just to name a few.

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Robert Wayne Swenson, University of Utah College of Law

Robert Wayne Swenson, legendary law professor for 50 years at the S.J. Quinney College of Law, died suddenly and unexpectedly on November 17, 2002 during a family dinner surrounded by the people who he loved most and who cherished him as a gentle, loving father, grandfather and husband.

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State Bar News

Commission Highlights

During its regularly scheduled meeting of December 6, 2002, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. The Commission held a discussion regarding Legal Aid's request on using the lawyers' lounge in the Matheson Courthouse for a pro bono conference area. The Commission voted to refer the request to the Courts & Judges Committee for their recommendations.

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Stress Management


Stress makes you stupid.

I know many attorneys who don't believe that. They think that when they are angry, upset, or under stress, their minds are sharper and more focused.

They are wrong.

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The Single Most Profitable Technology

Technology Overload
Have you got a bad case of technology overload? You know what I mean. You're constantly bombarded by information about hardware and software for document management, case management, litigation management, knowledge management, trial presentations, document assembly, electronic time and billing, voice-activated dictation, groupware, electronic calendaring, tickler systems, online fax servers, contact management, online research, the latest PDA, and so on and so forth.

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The Unsolicited Email Act and Anti-Spam Litigation

The media is full of information and news about how Americans hate receiving "spam" and legislative efforts to limit or eliminate it. States throughout the Union and the federal government are grappling with how to balance the constitutional rights afforded commercial speech with the ever-growing problem of receiving unwanted commercial or even sexually explicit emails. The Utah Legislature recently tried its hand at passing a law aimed at curbing spam within the state. Utah plaintiffs have wasted no time in bringing suit under the new legislation, seeking to recover damages, costs and attorneys' fees from alleged violators.

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Who Are We? - The Demographics of the Utah State Bar

The Utah State Bar at the start of 2003 consists of 7,823 lawyers. Who are we? How old are we? How long have we been members of the Bar? How many of us are women and how many are men? How diverse is the ethnicity of our Bar? In what settings do we practice law? How many of us are not practicing law? Where do we live? With the help of some graphics, I'll answer these questions for you.

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Why the Runner Didn’t Do It

I can almost hear the teeth grinding. Something absolutely, positively has to be filed, recorded, delivered, picked up . . . something. But it didn't happen: wrong time, wrong place, just plain wrong. It's pretty easy to just blame the runner or the secretary or the process server or the copy shop or whoever else.

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About January 2003

This page contains all entries posted to Utah Bar Journal in January 2003. They are listed from oldest to newest.

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