Utah Bar Journal

Dear Paralegal Member,

As a professional in the legal community, you know how complex the legal system is.

Imagine navigating it with no resources or prior training. Imagine navigating it while facing violence at home, poor health, or language barriers.

Thousands of people in Utah are asked to do just that every day. Increasingly, access to justice in our society depends on access to money. While an attorney is guaranteed in criminal issues, those with civil legal problems who cannot afford representation must face the system alone.

Discipline Corner

PUBLIC REPRIMAND
On October 22, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand reprimanding John Bucher for violation of Rules 1.3 (Diligence), 1.4 (Communication), 1.5(b) (Fees), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Bucher was retained to represent a mother and daughter in a Department of Child and Family Services matter and to file a petition to change custody of the mother's grandchild from the mother's daughter to the mother. The mother initially paid Mr. Bucher $500. Mr. Bucher did not file the petition for three months. The mother subsequently paid Mr. Bucher another $400. Mr. Bucher did not communicate in writing the basis and rate of his fee within a reasonable time of the representation to the mother or the mother's daughter. Mr. Bucher did not explain to the mother or the mother's daughter the nature of the legal proceedings or how the proceedings might affect them.

Lawyers Face Off on Opposing Sides of the (Pool) Table & Raise Funds for "and Justice for all"
The Utah State Bar's Young Lawyers Division with "and Justice for all" held their third annual Bar Sharks for Justice Pool Tournament - an event to raise operating funds for "and Justice for all." The event was a great success, raising $2,764.

UNITED STATES COURT OF APPEALS

In re:

Electronic Submission of Selected
Documents

EMERGENCY GENERAL ORDER
FILED October 20, 2004

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL and TYMKOVICH Circuit Judges.

In order to evaluate the usefulness of documents in electronic form the Court adopts this interim order effective December 1, 2004.

UMBA Annual Scholarship & Awards Banquet
The Utah Minority Bar Association celebrated its Annual Scholarship & Awards Banquet on October 29, 2004. The UMBA honored some of Utah's best lawyers, activists and students dedicated to serving minority interests. This year, UMBA's Honoree of the Year Award went to Maynard Phyl Poulson who, along with Henry Adams and Judge Ray Uno, drafted the Utah Anti-Discrimination Act and introduced it as a bill and was influential in its passage by the Utah legislature. Mr. Poulson also headed the Utah Anti-Discrimination Division. Upon accepting the award, Mr. Poulson told the audience, "I did what my heart told me to do."

Fund for Client Protection Seeks Five new Committee Members
The Utah State Bar Lawyer's Fund for Client Protection Committee is seeking five new committee members. The purpose of the Fund for Client Protection is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses caused by the dishonest conduct of lawyers admitted and licensed to practice law in the State of Utah, occurring in the course of the lawyer/client or fiduciary relationship between the lawyer and the claimant.

Appointments to the committee shall be for a term of three (3) years, or the term uniformly determined for all Committee members by the Utah State Bar. Vacancies shall be filled by appointment by the President of the Utah State Bar, with the approval of the Board of Commissioners, for the term.

If you are interested in serving on this committee please contact:

Christine Critchley
Utah State Bar
645 South 200 East
Salt Lake City, Utah 84111-3834
(801) 297-7022
e-mail: ccritchley@utahbar.org

Bar Welcomes New Admittees
242 new admittees were welcomed into the Utah State Bar at an admission ceremony held at the Salt Palace on October 21, 2004. Family and friends of the new admittees gathered to listen while Matthew B. Durrant, Justice of the Utah Supreme Court, addressed the audience. Michael J. Wilkins, Associate Chief Justice of the Utah Supreme Court conducted the event and a large gathering of judges from both the Utah Supreme Court and the United States District Court for the District of Utah were in attendance. Refreshments were provided after the ceremony.

2005 Annual Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2005 Annual Convention 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 nominations 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 22, 2005. The award categories include:

1. Judge of the Year
2. Distinguished Lawyer of the Year
3. Distinguished Section of the Year
4. Distinguished Committee of the Year

Karin Hobbs Receives the 2004 Peter W. Billings, Sr. Award
Karin Hobbs, long-time mediator and ADR mentor, received the 2004 Peter W. Billings, Sr. Award for Excellence in ADR at the State Bar's recent Fall Forum on Friday, October 22nd at the Marriott-University Park Hotel. The award honors the legacy of Peter W. Billings, Sr., a pioneer and a champion of the collaborative dispute resolution process and mediation in Utah.

2005 Spring Convention Awards
The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2005 Spring Convention. These awards honor publicly those whose professionalism, public service, and public 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 Monday, January 17, 2005.

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 Direct Election of Bar President
In response to the task force on Bar governance the Utah Supreme Court has amended the Bar's election rules to permit all active Bar members in good standing to submit their names to the Bar Commission to be nominated to run for President-Elect in a popular election and to succeed to the office of President. The Bar Commission will interview all potential candidates and select two final candidates who will run on a ballot submitted to all active Bar members and voted upon by the active Bar membership. Final candidates may include sitting Bar Commissioners who have indicated interest.

Notice of Election of Bar Commissioners

First and Third Divisions
Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for one member from the First Division and two members from the Third Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee's mailing address must be in that division as shown by the records of the Bar.

Employment Law Update: November 2002 - November 2004

In the two years following the previous Employment Law Update (Utah Bar Journal Vol. 15, No. 8 (November 2002)), a number of employment related cases of note have been decided in Utah appellate courts. This article will provide a short summary to help Utah Bar Journal readers to keep up with this ever growing and changing area of law.

The Construction Attorney's Toolbox - Building Solutions
by Kent B. Scott

Introduction
Today's current economic climate presses owners and contractors to complete projects in less time for less money. These pressures have created more demanding time schedules and monetary budgets that, in turn, have created an increased number of disputes. Another developing trend is the increased costs in time, money, efficiencies and lost opportunities taken up by these disputes. Rather than solving the technical problems experienced on the project, the parties get mired down into bolstering opposing positions. The fees incurred in resolving disputes become a major component of the dispute. The dollars that should go into the project are now going into the project dispute.

I Will Not Take The Oath (Unless I Really Have To)
by Robert H. Henderson

Sometime I hope to write an article on mediation, or arbitration, or cross examination, or trial tactics, or getting along with difficult lawyers (is there any other kind?), etc. For some time, however, I have been preoccupied with our Bar's "Pledge To Racial And Ethnic Diversity." You know it - you can't miss it. It is so prominently displayed on our Bar's web site that even a computer idiot like me can pull it up. I went to the Utah Trial Lawyer's annual CLE seminar and at lunch I heard my friend and its President, Doug Mortensen, proudly announce that that organization had adopted it.

Practice Pointer: Managing Your Trust Account
by Kate A. Toomey

Every attorney knows that lawyers in private practice who handle client money must do so in a manner prescribed by the Rules of Professional Conduct. But the nuances of the requirements often prompt calls to the Office of Professional Conduct's Ethics Hotline. I've discovered that many attorneys share a near-phobic aversion to the whole concept of trust accounts and handling other people's money. Here are some answers to the most common questions.

Bar Journal Vol. 17 No. 9 December 2004

Cover Art Information: COVER: Interesting perspective of the Spiral Jetty at Rozel Point on the Great Salt Lake. Taken by first-time contributor, Paul G. Amann, Utah Attorney General's Office. The Spiral Jetty was created by landscape artist Robert Smithson shortly before his death in 1973.

* Practice Pointer: Managing Your Trust Account
* I Will Not Take the Oath (Unless I Really Have To)
* The Construction Attorney's Toolbox - Building Solutions
* Utah Law Developments: Employment Law Update: November 2002-November 2004
* Paralegal Division

PDF Version: http://www.utahbar.org/barjournal/pdf/2004_dec.pdf