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August 2005 Archives

August 6, 2005

Get Ready for the Bankruptcy Amendments of 2005

Get Ready for the Bankruptcy Amendments of 2005

by Joel Marker

On April 20, 2005, President Bush signed S.256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Act"). While critics have noted that the Act is long on attacking perceived abuses of the bankruptcy laws by consumer debtors and short on protecting individuals from their creditors,1 the Act is now law and members of the bar need to determine how the changes will affect their clients and practices. The following survey of changes imposed by the Act is not complete and readers are encouraged to educate themselves on the Act's provisions prior to its implementation. Two internet resources are helpful in digesting the changes brought by the Act. First, the law firm of Davis Polk & Wardwell has a blackline version of the entire Bankruptcy Code marked to show the amendments from current law at http://dpw.com/practice/code.blackline.pdf. Second, the American Bankruptcy Institute offers a wealth of summaries and articles explaining the Act at http://www.abiworld.net/bankbill.

Continue reading "Get Ready for the Bankruptcy Amendments of 2005" »

"Making Law" and "Finding Facts" - Unavoidable Duties of an Independent Judiciary

"Making Law" and "Finding Facts" - Unavoidable Duties of an Independent Judiciary

by John J. Flynn

The role of judges and the duties they are called upon to perform are not well understood by the public generally and many politicians in particular. Recent physical and political attacks on particular judges and the judiciary in general and the politicization of the nomination and appointment processes for judges require a campaign to educate the public about the role of the judiciary in our society.

Continue reading ""Making Law" and "Finding Facts" - Unavoidable Duties of an Independent Judiciary" »

Bankruptcy Litigation: Some Practical Pointers

Bankruptcy Litigation: Some Practical Pointers

by J. Robert Nelson

Introduction
The premise of this article, that litigation frequently spawns bankruptcy, is not a novel insight. The recent spate of mass tort suits involving asbestos and dangerous drugs have pushed numerous companies to respond with Chapter 11 filings. Mass tort situations aside, the substantial costs of litigating even one complex case have driven some defendants to seek bankruptcy protection. The mere possibility of a large adverse judgment leads others to bankruptcy. Even the inability to post an undertaking in connection with appeal of an adverse judgment has resulted in bankruptcy filings. Although the circumstances vary, bankruptcy has become a frequently used response to litigation.

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A Guide to The Foreign Corrupt Practices Act

A Guide to The Foreign Corrupt Practices Act

by Robert A. Youngberg

Utah companies do business in foreign markets now more than ever before. Among the 50 states, Utah has the seventh fastest growth rate in export shipments of goods. 2,141 companies exported goods from Utah in 2002, and most (83 percent) were not large companies. In 2003, the value of exported goods shipped from Utah topped $4 billion.1 Compliance with foreign trade laws is, therefore, increasingly vital to the success of Utah businesses.

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Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them

Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them

by Kate A. Toomey

Disputes between lawyers and clients over fees are not in and of themselves disciplinary matters, and the Office of Professional Conduct ("OPC") typically dismisses or declines to prosecute complaints that solely concern the amount an attorney has charged or collected. Although the Rules of Professional Conduct prohibit lawyers from charging or collecting a "clearly excessive fee,"1 and offer guidance for evaluating the reasonableness of the fee,2 they don't dictate the terms of attorney-client contracts, nor do they insulate either party from entering into a bad bargain. The fact that many clients are dismayed by the amount owed at the conclusion of a representation is not, without more, a disciplinary issue.

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Federal Appeals: The Scoop on Electronic Submission and Filing

Federal Appeals: The Scoop on Electronic Submission and Filing

by Douglas E. Cressler

Senior partner: "There was a time when we had to print everything that was to be filed with the court on paper, along with several copies as required by the rules, then physically mail or deliver the whole stack of stuff to the court and send additional paper copies of everything to all the parties in the case."

New associate: "Wow. And were the deliveries made on dinosaurs?"

A near-future law firm conversation.

Continue reading "Federal Appeals: The Scoop on Electronic Submission and Filing" »

Learning Professionalism and Civility - Thoughts for New Members of the Bar

Learning Professionalism and Civility - Thoughts for New Members of the Bar

by Judge Derek P. Pullan

Every day, I am grateful for attorneys who have a clear view of the law, and are willing to impart that knowledge to me. In the legal profession, seeing things clearly does not come without sacrifice. I am regularly the beneficiary of your long hours of research, reading, and disciplined thought. Those who venture into the vast legal landscape know that the demands of the journey are real. Thank you for your conscientious work on behalf of your clients and the courts.

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Standard 8

Standard 8

by Linda Jones

Editors' Note: A member of the Supreme Court's Advisory Committee on Professionalism will discuss one of the new Standards of Professionalism and Civility with each issue of the Bar Journal. The opinions expressed are those of the member and not necessarily those of the Advisory Committee.

Standard 8 of the Utah Standards of Professionalism & Civility states:

When permitted or required by court rule or otherwise, lawyers shall draft orders that accurately and completely reflect the court's ruling. Lawyers shall promptly prepare and submit proposed orders to other counsel and attempt to reconcile any differences before the proposed orders and any objections are presented to the court.

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President-Elect and Bar Commission Election Results

President-Elect and Bar Commission Election Results

Gus Chin was elected President-Elect of the Utah State Bar. He received 1,307 votes to Rusty Vetter's 1,008 votes. Rodney G. Snow and Stephen Owens were elected to the Commission in the Third Division. Rodney received 968 votes and Stephen received 862 votes. With 772 votes in the Third Division, Lori W. Nelson was elected to fill the unexpired term of David R. Bird.

Herm Olsen ran unopposed in the First Division.

Commission Highlights

Commission Highlights

During its regularly scheduled meeting of April 22, 2005, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

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Utah Minority Bar Association First 50 Event

Utah Minority Bar Association First 50 Event

The Utah Minority Bar Association is proud to announce that it will host a gala dinner and program on October 15, 2005 at the Grand America Hotel in Salt Lake City to honor the first fifty lawyers of color to practice law in the State of Utah (the "First 50"). This will take the place of the annual UMBA scholarship banquet. The First 50 honorees hailed from, and practiced in, many communities throughout Utah. To make this event a proper tribute to the First 50, we ask your assistance in several areas:

1. Mark your calendars and save the date to attend. UMBA has negotiated special rates at the Grand and/or Little America for lodging. The event takes place the same weekend as BYU and U of U homecoming weekend and can be attended in conjunction with homecoming activities.

2. The Utah State Bar and the American Bar Association are helping to sponsor the event. However, many sponsorship opportunities are still available. There are many levels of sponsor donations to fit the budgets of the largest or smallest of law firms, legal agencies/offices, legal departments, bar sections and associations, law schools and alumni groups, individual donors, etc. Ticket prices and donations will not only help fund the First 50 event, but will subsidize future scholarships to minority law students as well as other UMBA programs such as recruiting and mentoring minority lawyers in the state of Utah.

3. Following is the preliminary list of the First 50 honorees. UMBA's research committee has scoured historical records, bar and school records, and interviewed numerous people to compile this list. If anyone was left off the list, it was not intended. Please assist us by providing us the name(s) of anyone you believe we may have omitted and any relevant information, if you have it (e.g., approximate time period of practice, date of law school graduation, or current contact information). Likewise, if you have any stories or information regarding any of the honorees listed, please send it to us in the form of a brief description. We are compiling short biographies on each of the honorees. We also welcome any pictures (we will attempt to return pictures sent to us but would prefer you scan them and send us a copy electronically).

4. For ticket prices, sponsorship opportunities, venue/lodging details, information on any of the First 50 honorees, or if you want us to send you or your business/organization information, please call, fax or e-mail Sean Reyes at sreyes@parsonsbehle.com 801-536-6663 (direct line) 801-536-6111 (fax) or Cheryl Mori at Moric@sec.gov 801-524-3141 (direct line). Your attendance and participation will help us celebrate the contributions of these individuals who were/are pioneers in the legal field, minority communities, and Utah at large.

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"and Justice for all" Law Day 5K Run/Walk - April 30, 2005

"and Justice for all" Law Day 5K Run/Walk - April 30, 2005

The 23rd annual Law Day 5K Run/Walk was held Saturday, April 30, 2005 in conjunction with the Utah State Bar's Law Day activities. Proceeds from the run support "and Justice for all," the collaborative fundraising campaign which supports free civil legal aid to indigent and disabled Utahns served by the Disability Law Center, Legal Aid Society of Salt Lake and Utah Legal Services.

Instead of the traditional pistol start, Utah Attorney General Mark Shurtleff started the Run with the bang of a gavel. In all, 1,029 participants registered for this year's event - an all time record.

Fastest time by a female in the race was Kathryn Connor, and Jon Bowie was the fastest overall male. Manning Curtis Bradshaw & Bednar swept the speed team competition, winning all three top spots. The law firm of Ray, Quinney and Nebeker won the Recruiter Competition and the traveling "and Justice for all" trophy, with 208 participants. Congratulations to all our winners!

Many local businesses and organizations have generously underwritten the costs of putting on the event - in both cash and in-kind donations - so that Run proceeds will go to the "and Justice for all" campaign. We express our sincere gratitude to all the sponsors of the event and to the S.J. Quinney College of Law at the University of Utah and Dean Scott Matheson, Jr. who graciously allowed us the use of the law school facilities.

Continue reading ""and Justice for all" Law Day 5K Run/Walk - April 30, 2005" »

Pro Bono Honor Roll

Pro Bono Honor Roll

Kent Alderman
Reha Deal
Michael Deamer
Kevin Fife
Richard Gallegos
Richard Grealish
D. Rand Henderson
Brent Johns
Alejandro Maynez
Perry, Malmberg, & Perry
Walter Merrill
William Morrison
William Ormond
Ralph Petty
Kristine Rogers
Gregory Simonsen
Linda Smith
Mary Woodhead
Donald Winters
Dorsey & Whitney

Utah Legal Services and the Utah State Bar wish to thank these attorneys for their time and willingness to help those in need. Call Brenda Teig at (801) 924-3376 to volunteer.

2005 Fall Forum Awards

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 Fall Forum 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 Monday, September 19, 2005. The award categories include:

1. Distinguished Community Member Award

2. Pro Bono Lawyer of the Year

3. Professionalism Award

Seeking Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

Seeking Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

In memory of the great contributions of Peter W. Billings, Sr. to alternative dispute resolution in our state, the ADR Section of the Utah State Bar annually awards the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award to the person or organization that has done the most to promote alternative dispute resolution in the State of Utah. The award is not restricted to an attorney or judge. The ADR Section is currently seeking nominations for this award, which will be presented at the Bar's Annual Fall Forum.

Please submit nominations for this award by September 30, 2005 to Peter W. Billings, Jr., P. O. Box 510210, Salt Lake City, UT 84151.

Mailing of Licensing Forms

Mailing of Licensing Forms

The licensing forms for 2005-2006 have been mailed. Fees are due July 1, 2005, however fees received or postmarked on or before July 31, 2005 will be processed without penalty.

It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees, late fees, or possible suspension for non-payment of fees. You may check the Bar's website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.

If you need to update your address please submit the information to Arnold Birrell, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111-3834. You may also fax the information to (801) 531-9537.

Notice: New Rule - Authorization to Practice Law

Notice: New Rule - Authorization to Practice Law

To be effective immediately, the Utah Supreme Court recently approved a new rule governing the practice of law which addresses, in part, what constitutes the practice of law and what activities a non-lawyer may perform without engaging in the unauthorized practice of law. The new rule, Chapter 13A in the Supreme Court's Rules of Professional Practice, may be accessed on the Court's website at: http://www.utcourts.gov/resources/rules/ucja/ch13a/1.htm or through the Bar's website (www.utahbar.org).

ADMONITION

ADMONITION
On April 12, 2005, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 5.5(a) (Unauthorized Practice of Law) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
An attorney was administratively suspended for failure to comply with Mandatory Continuing Legal Education requirements. During the administrative suspension the attorney represented and/or gave legal advice to existing and prospective clients.

Farewell Message

Farewell Message

by Tally Burke, Paralegal Division Chair

I know that many of you share a story similar to mine. In the Spring of 1996, I was eagerly anticipating the prospect of completing my Associate's Degree in Paralegal Studies from Salt Lake Community College. I was already working in a position at the law firm of Kruse Landa Maycock & Ricks, LLC, then known as Kruse Landa & Maycock, LLC ("KLM&R") as its receptionist. After graduation, I began working for the office manager where I learned how a law office really operates, how I could best be utilized, and how I should perform as a paralegal. Since then, I have continued my employment with KLM&R and was honored to become Mr. James R. Kruse's paralegal. I have now been working for Jim in the corporate and securities area for five years and have been with KLM&R a total of ten years.

Continue reading "Farewell Message" »

Bar Journal Volume 18 No. 4 July/Aug 2005

Bar Journal Volume 18 No. 4 July/Aug 2005

v18_no4_july_aug_2005.jpg

COVER: Thousand Peaks Ranch on the Weber River, east of Oakley, Utah. Photo by Marva Match of Cannon & Match, Salt Lake City.

“Making Law” and “Finding Facts” Unavoidable Duties of an Independent Judiciary - by John J. Flynn
Get Ready for the Bankruptcy Amendments of 2005 - by Joel Marker
Bankruptcy Litigation: Some Practical Pointers - by J. Robert Nelson
A Guide to The Foreign Corrupt Practices Act - by Robert A. Youngberg
Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them - by Kate A. Toomey
Federal Appeals: The Scoop on Electronic Submission and Filing - by Douglas E. Cressler
Views from the Bench:Learning Professionalism and Civility – Thoughts for New Members of the Bar - by Judge Derek P. Pullan
Standards of Professionalism & Civility: Standard 8 - by Linda Jones
State Bar News
Paralegal Division - Farewell Message - Talley Burke

--PDF Version: http://www.utahbar.org/barjournal/pdf/2005_july_august.pdf

About August 2005

This page contains all entries posted to Utah Bar Journal in August 2005. They are listed from oldest to newest.

June 2005 is the previous archive.

October 2005 is the next archive.

Many more can be found on the main index page or by looking through the archives.

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