Utah Bar Journal

The "How To Guide" for Membership in the Paralegal Division:
What are the Requirements and Career Benefits of Membership?

by Peggi Lowden

Are you wondering how to apply for membership in the Paralegal Division of the Utah State Bar (the "Division")? Am I a paralegal by the Division's definition? What are the educational and experience requirements for membership? How can I get the application forms? Once I'm a member, are there any CLE requirements to maintain my membership? We are frequently asked these questions. We are glad that you asked. To better serve you - a future member - we offer this "How To Guide" to answer your questions and to assist you in your application for membership in the Division.

2005 Year in Review - Looking Ahead to 2006

2005 was an outstanding year for the Young Lawyers Division of the Utah State Bar ("YLD"). With several committees staffed by capable volunteers, the YLD continues to offer significant contributions to the Bar and the public. Here are some of the 2005 highlights from the YLD committees as well as a look at what is coming up in 2006.

Discipline Corner

DISBARMENT
On November 15, 2005, the Honorable William W. Barrett, Third Judicial District Court, entered Findings of Fact, Conclusions of Law, and Order of Disbarment, disbarring Gregory P. Cohen from the practice of law for violations of Rules 8.4(b) (Misconduct), 8.4(c) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

American College of Trial Lawyers Announces Induction

The Utah Fellows of the American College of Trial Lawyers are proud to announce that Walter F. Bugden has been inducted into the College.

The American College of Trial Lawyers strives to improve the standards of trial practice, the administration of justice and the ethics, civility, and collegiality of the trial profession. Invitation to Fellowship is extended only after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.

Seeking Nominations

The Paralegal Division of the Utah State Bar and Legal Assistants Association of Utah are seeking nominations for "Distinguished Paralegal of the Year". Nomination forms and additional information are available online at http://www.utahbar.org/sections/paralegals or you may contact Suzanne Potts at (435) 634-1940 or spotts@clarksondraper.com. The deadline for nominations is April 15, 2006. The award will be presented at the Paralegal Day luncheon on May 18, 2006.

Paralegal Division Celebrates 10th Anniversary

The Paralegal Division is celebrating its 10th Anniversary. The Division was created by the Utah Supreme Court on April 6, 1996, pursuant to petition by the Utah State Bar and the Board of Bar Commissioners. The Paralegal Division is planning a celebration event on the evening of April 6, 2006 at Rice Eccles Stadium in the Scholarship Reception Room. Please watch for your invitation and plan to join them at this milestone event.

Utah Bar Foundation

Notice of Annual Meeting & Open Board Position

The Utah Bar Foundation is currently soliciting nominations for an open position on the Board of Directors. All attorneys licensed in Utah and currently in good standing are welcome to apply. A nomination form must be completed and submitted to the Foundation offices by Friday, April 28, 2006. Nomination forms can be obtained from the Foundation offices at (801) 297-7046 or on the website at www.utahbarfoundation.org.

The Utah Bar Foundation will hold its Annual Meeting on Friday, July 14th between 8-9am at the Marriott Hotel in Newport Beach, CA. For additional information, please contact the Foundation offices.

Utah State Bar Request for 2006-07 Committee Assignment

The Utah Bar Commission is soliciting new volunteers to commit time and talent to one or more of 18 different committees which participate in regulating admissions and discipline and in fostering competency, public service and high standards of professional conduct. Please consider sharing your time in the service of your profession and the public through meaningful involvement in any area of interest.

Call for Historical Bar Photos

In celebration of the 75th Anniversary of the Utah State Bar, the Bar Journal board is considering placing a montage of historical Utah Bar photos on the Bar Journal cover for a special issue scheduled for publication in the fall. Examples of old photos we have in mind would be early group photos of bar members, judges, and photos of bar offices, court houses, and the like.

Pro Bono Honor Roll

Selina Andrews
Joseph Bean
Alan Boyack
Maria Booth
Howard Chuntz
David Connors
Roberto Culas
Michael Deamer
Reha Deal
Frank Falk
Richard Gallegos
Samuel Gardiner
Chad Gladstone
Anthony Grover
Richard Henriksen
Joseph Henriod
Neil Harris
Daniel Irvin
Troy Jensen
Matthew T. Johnson
Louise Knauer
Steven Kuhnhausen
Dan Larsen
Suzanne Marelius
Daniel McKay
Sam Meziani
Robert Neeley
William Ormond
James Peters
Bret Randall
Scott Thorpe
David Turner
Todd Turnblom

Notice of Legislative Rebate
Bar policies and procedures provide that any member may receive a proportionate dues rebate for legislative related expenditures by notifying the Executive Director, John C. Baldwin, 645 South 200 East, Salt Lake City, UT 84111

Notice of Ethics & Discipline Committee Vacancies

The Ethics & Discipline Committee of the Utah Supreme Court is seeking volunteers to fill vacancies on the Committee. The Ethics & Discipline Committee is divided into four panels which hear informal complaints charging unethical or unprofessional conduct against members of the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complaint shall be filed in district court against the respondent attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court upon recommendations of the Chair of the Ethics and Discipline Committee. Please send your resume to Lawrence E. Stevens, Chair of the Ethics and Discipline Committee, Parsons, Behle & Latimer, 201 South Main Street, #1800, P. O. Box 45898, Salt Lake City, UT 84145-0898 no later than May 2, 2006.

2006 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/Committee of the year

Commission Highlights

During its regularly scheduled meeting of December 2, 2005, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Bird reported on the Professional Services Tax status meeting with the UACPA.

Standard 12

by Fran Wikstrom

Previous articles have discussed Standards that encourage lawyers to maintain civility in their written communications. When committing oral understandings to writing, lawyers should do so accurately and completely. (Std. 7) Letters should not attribute "improper motives" to an opponent. (Std. 3) They should not contain "hostile, demeaning, or humiliating" language, nor should they "disparage the integrity, intelligence, morals, ethics or personal behavior of an adversary." (Id.) Lawyers should not use written communications to "attribute to other counsel a position or claim that counsel has not taken," or to "create an unjustified inference," or to "create a 'record' that has not occurred. (Std. 4)

There's a new Lien Law in Town: Are Your Lien Rights Protected?

by Jim Barber

On March 22, 2004, House Bill 136 was signed into law. More commonly known as the "Electronic Filing of Preliminary Lien Documents" bill, H.B. 136 took effect on May 1, 2005, and made significant modifications to the laws governing Mechanics' Liens (Utah Code Ann. ("UCA") ¤¤ 38-1-1 et seq.) and Contractors' Bonds (UCA ¤¤ 14-1-20 and 14-2-5), as well as amending UCA ¤63-56-38.1 of the Utah Procurement Code and UCA ¤38-11-204 of the Residence Lien Restriction and Lien Recovery Act. This article provides an overview of both H.B. 136 (2004) and the further amendments made by H.B. 105 (2005), commonly referred to as the "Construction Filing Amendments."

A Guide to the Administrative Safeguards of HIPAA's Security Rule

by Michael P. Barry

The Health Insurance Portability and Accountability Act ("HIPAA") was originally signed into law in 1996. To implement HIPAA, the U.S. Department of Health and Human Services ("HHS") published the "Standards for Privacy of Individually Identifiable Health Information" (the "Privacy Rule")and the "ecurity Standards for the Protection of Electronic Protected Health Information"(the "Security Rule"). See 45 C.F.R. Parts 160 and 164, Subparts A, C, and E. Both the Privacy Rule and the Security Rule include important compliance deadlines for entities subject to HIPAA.

Finding a Solution to the Problem With Finders in Utah

by Brad R. Jacobsen and Olympia Z. Fay

A significant issue facing attorneys and their clients in Utah is the use of unregistered securities brokers by small businesses and start-up companies to raise investment capital. The unregistered securities brokers are commonly referred to as "finders," however, other titles exist to describe these individuals, including, unlicensed broker-dealers, intermediaries, private placement brokers, merchant bankers, investment bankers, financial public relations advisors and business consultants.1 Black's Law Dictionary, Sixth Edition, defines a finder as "an intermediary who contracts to find, introduce and bring together parties to a business opportunity, leaving ultimate negotiations and consummation of business transactions to the principals." For convenience of reference throughout this Article, these unregistered securities brokers will be referred to as "finders." Finders usually charge a transaction fee based on the amount of capital which the finders are responsible for bringing to the company. This type of compensation is commonly referred to as a "finders fee" and is usually paid in either securities or in cash (or a combination of both) as a percentage of the money raised (generally around 5-10%).

SPYWARE: Living in a Cyber-Fishbowl

by Polly Samuels McLean and Michelle M. Young

One of the most potent and pervasive types of cybercrime is commonly known as spyware. Spyware, a general term used for software that performs certain behaviors such as advertising, collecting and transmitting personal information, or changing a computer's configuration without the owner's knowledge or permission, invades consumers' privacy, inundates users with pop-up windows, slows computers down, and causes computers to crash.

Phishing and Pharming and Trojans - Oh My!

by Polly Samuels McLean and Michelle M. Young

"DEAR SIR/MADAM: I REPRESENT THE RECENTLY DEPOSED MINISTER OF AGRICULTURE FOR NODAMBIZIA, WHO HAS EMBEZZLED 30 MILLION DOLLARS FROM HIS STARVING COUNTRYMEN AND NOW NEEDS TO GET IT OUT OF THE COUNTRY. . ."

"Dear Client of US Bank: As the Technical service of bank have been currently updating the software, we kindly ask you to follow the reference given below to confirm your data, otherwise your access to the system may be blocked."

The First 50: "Celebrating Diversity in the Law"

by Professor Robert L. Flores & Karthik Nadesan

On October 15, 2005, the Utah Minority Bar Association hosted a gala celebration honoring the First 50 minority lawyers admitted to the Utah State Bar. Reaching 50 minority lawyers in the state was an important milestone in the Bar's history. Following are two perspectives on reaching that milestone - one from a lawyer who arrived on the legal scene shortly after the final members of the First 50 entered practice in 1980, and one from a lawyer who entered practice not long ago.

Utah State Bar Unveils the Lawyers Assistance Program (LAP)

by Brent Hale

"One of every four lawyers suffers from stress, and out of 105 occupations, lawyers rank first in depression. In addition, a disproportionate number of lawyers commit suicide."

ABA Journal, June 2005

The Utah State Bar, at the urging of the ABA Commission on Lawyer Assistance Programs, has taken the lead in an extensive effort to reach out to lawyers and judges who are struggling with personal difficulties. A new Lawyers Assistance Program (LAP) is now available to assist lawyers and their immediate family. The new LAP will not be limited to alcohol/drug abuse and offers help for a full spectrum of personal and professional dilemmas. Comfortable in the role of trained helper and problem solver, lawyers too often tend to ignore their own personal and family distress until small problems become major threats to their careers and well-being. These problems can affect their work, leading to professional difficulties and, sometimes, to ethical lapses.

Free, Statewide, Confidential, 24 Hour Mental Health Help Added to Bar's Lawyers Assistance Program

by Stephen W. Owens

Recently, I chaired a subcommittee looking at ways to improve our Lawyers Assistance Program. Lest you believe this to be an unimportant issue in our profession, I point to the recent suicide of one of my law school classmates, a talented lawyer who fought against and eventually succumbed to his mental illness. In addition, lawyers in crisis often show up in disciplinary actions, legal malpractice actions, criminal proceedings, and claims against our Client Security Fund. I succeeded this committee's prior chair, Rusty Vetter. Our committee was comprised as follows:

Third Division Candidates

NATE ALDER
Utah State Bar member since 1995

Education
Indiana University, School of Law, JD

Indiana University, School of Public and Environmental Affairs, MPA

Utah State University, BA, history, University Honors

Employment
Shareholder, Christensen & Jensen, P.C.

Judicial Clerk, Hon. J. Thomas Greene, U.S. District Court, District of Utah

President-Elect Candidates

FELSHAW KING
It has been my privilege to serve as a Bar commissioner since 2001. During the past five years I have become familiar with the opportunities, problems and challenges and which we lawyers face as we move further into the 21st century.

The mission of the Utah State Bar is:

"To represent lawyers in the State of Utah and to serve the public and the legal profession by promoting justice, professional excellence, civility, ethics, respect for and understanding of the Law."

Dear Editor:

Maureen Henry ("Update on End-of-Life Issues in Utah", Utah Bar Journal January/February, 2006) discusses the expression "unnaturally prolong the dying process" as used in the Utah Personal Choice and Living Will Act (Utah Code ¤¤75-2-1101 et seq.), in the wake of the Terry Schiavo matter.

Vol. 19 No. 2 Mar/Apr 2006

PDF Version: http://www.utahbar.org/barjournal/pdf/2006_march_april.pdf

Cover Art Information: COVER: Sunset Cruise on the Great Salt Lake, taken by Talley Burke, West Jordan, Utah.

* President-Elect & Bar Commission Candidates
* Commissioner's Report: Free, Statewide, Confidential, 24 Hour Mental Health Help Added to Bar's Lawyers Assistance Program
* Utah State Bar Unveils the Lawyers Assistance Program (LAP)
* The First 50: "Celebrating Diversity in the Law"
* The Utah Office of Guardian ad Litem: How You Can Help A Child In Need
* Phishing and Pharming and Trojans - Oh My!
* SPYWARE: Living in a Cyber-Fishbowl
* Finding a Solution to the Problem With Finders in Utah
* A Guide to the Administrative Safeguards of HIPAA's Security Rule
* Utah Law Developments: There's a new Lien Law in Town: Are Your Lien Rights Protected?
* Standards of Professionalism & Civility: Standard 12
* Young Lawyers Division: 2005 Year in Review - Looking Ahead to 2006
* Paralegal Division: The "How to Guide" for Membership in the Paralegal Division