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March 2003 Archives

March 4, 2003

Volume 16 No. 2 March 2003


* President's Message: Multijurisdicational Practice Rule Approved
* Rule for Admission of Lawyers Licensed in Other States or Territories of the United States or the District of Columbia to Practice Law in Utah
* A View From the Other Side of the Fence
* Practice Pointer: An Attorney's Duty to Maintain Confidentiality of Information Relating to Representation of a Client
* What's That on the Runway
* Unbundle Your Practice: Increase Profits by Coaching Clients
* Views From the Bench: Real World Descriptions of Legal Terms
* Reversible Errors

A View From The Other Side of the Fence


It has been almost five years since I left my law firm in Salt Lake City, Utah and went in-house with a large manufacturing client in southern Indiana. During this period of time, I have learned to recognize beauty in cornfields as opposed to mountain vistas and have also learned what it is like to be on the client-side of legal matters. The purpose of this article is to share some of the insights that I have gained from the manufacturing sector and provide a view from the client's side of the fence of what strengthens and weakens the attorney/client relationship.

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Book Review

Reversible Errors
by Scott Turow

Reviewed by Betsy Ross

What happens when a confessed killer turns out to be innocent? Though I have just given away the ending, the title itself probably already did that anyway. And in any event, the outcome of Reversible Errors is less important than the process, replete with philosophical discussions of the differing points of view involved in death penalty cases. His newest book is the platform for Scott Turow to discuss his views on capital punishment. I thought it timely to look at this issue again given recent events questioning application of the death penalty to minors and the mentally incapacitated, not to mention the persistent drumbeat of victims' rights.

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Discipline Corner

RESIGNATION WITH DISCIPLINE PENDING
On January 21, 2003, the Honorable Christine Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation Pending Discipline concerning Ronald W. Flater.

In summary:
The Office of Professional Conduct received three complaints against Mr. Flater concerning immigration matters. The complaints allege that Mr. Flater incorrectly completed or failed to complete immigration petitions on behalf of the clients. All three clients primarily dealt with Mr. Flater's assistant, although Mr. Flater reviewed and signed the documents. In two cases, Mr. Flater failed to respond to the clients or their attorney. In two of the cases, Mr. Flater failed to respond to the OPC's requests for information.

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Multijurisdictional Practice Rule Approved

In 1999, the Bar formed a task force to study multijurisdictional practice, commonly referred to as MJP, and on January 24, 2003 the Utah Supreme Court approved Utah's rule. A copy of the new rule appears in its entirety on page 10 of this issue and also on the Bar's website.

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Practice Pointer: An Attorney's Duty to Maintain Confidentiality of Information Relating to Representation of a Client

Attorneys often call the Office of Professional Conduct's Ethics Hotline with questions about when they may and when they must reveal information related to their representation of a client. In the course of answering these calls, I've discovered that many attorneys do not understand what the Rules of Professional Conduct require and permit, and that attorneys commonly confuse the ethical duty to refrain from revealing information relating to the representation with the evidentiary attorney-client privilege1 and the statute governing privileged communications.2

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Real World Descriptions of Legal Terms

I am retiring after sixteen years as a trial judge in Cedar City. There are new attorneys who only know legal terms from law school. I am writing this article to provide them insight into what some of those terms really mean, and to give some other observations.

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Rule for Admission of Lawyers Licensed in Other States or Territories of the United States or the District of Columbia to Practice Law in Utah


1. Reciprocal Admission
An applicant may, upon motion, be admitted to the practice of law in this jurisdiction if the applicant has been admitted to another state, territory or the District of Columbia where admission by motion is authorized and the applicant meets the requirements of 1(a) through 11 of this rule.

The applicant shall:

(a)Have been admitted by bar examination to practice law in another state, territory, or the District of Columbia;

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State Bar News

2003 Annual Meeting Awards

The Board of Bar Commissioners is seeking nominations for the 2003 Annual Meeting Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nomination must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 25, 2003. The award categories include:

1. Judge of the Year
2. Lawyer of the Year
3. Young Lawyer of the Year
4. Section/Committee of the Year
5. Community Member of the Year

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Unbundle Your Practice: Increase Profits by Coaching Clients


"Unbundling is praised for cutting costs and Increasing Client Satisfaction."

- Lawyer's Weekly
December 18, 1995

WHAT IS UNBUNDLING?
Unbundling is defined as follows: The client is in charge of selecting one or several discrete lawyering tasks contained within the full service package. The discrete tasks can be broken down into seven separate tasks:

1.Advising the Client
2.Legal Research
3.Gathering of Facts
4.Discovery
5.Negotiation
6.Drafting of Documents
7.Court Representation

Continue reading "Unbundle Your Practice: Increase Profits by Coaching Clients" »

What Can a Legal Assistant Do for Me?

The Division has used this space in the past to introduce its officers and directors, to update Bar members on the activities of the Division, and to comment on issues of common interest including the ethical standards by which we, as legal assistants, are bound, and the utilization guidelines established by the Office of Professional Conduct for attorneys employing legal assistants.

Continue reading "What Can a Legal Assistant Do for Me?" »

What's That on the Runway

Darkness was falling over the sprawling Rwandan capital of Kigali as Sabena Flight 465 descended through 10,000 feet. The flight from Brussels had been just over eight hours. Added to connecting flights from Salt Lake City to Atlanta and Atlanta to Brussels, I'd been flying for nearly 20 hours, not including layovers of several hours at each stop. Aside from its duration, the flight had been uneventful. Having spent time in the Balkans, I recognized some of the geography as we flew southeast of Europe and over Croatia's beautiful Dalmatian coastline. Leaving the Balkans and Greece with its islands nestled in the dark blue Aegean Sea, the plane traversed the Mediterranean, then crossed over Egypt. I was awestruck by the vastness of the African Continent and the stark contrast between the lush, fertile valley of the Nile and the lifeless expanse of northern Sudan's sun-baked desert extending far into the distance.

Continue reading "What's That on the Runway" »

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About March 2003

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

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