I chime in re colleague Vetter’s excellent suggestions to improve our bar, particularly regarding bar finances and lawyer referral.
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Judge Reva Beck Bosone has served as a role model and inspiration to many Utah women who have desired to become lawyers. I was reminded of this recently and decided to write concerning my limited experience with Judge Bosone.
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The Ethical Utah Lawyer: What Are the Limits in Negotiation?
by Michael H. Rubin
Editor’s Note: Mr. Rubin was the keynote speaker at the Utah State Bar’s 2007 Annual Convention. His engaging presentation included a turn at the “baby grand,” which unfortunately cannot be replicated here. This article otherwise draws heavily on his remarks in Sun Valley as well as on his prior publications.1
The Lawyer as a “Zealous Advocate”
For over two hundred years, lawyers have been encouraged to be “zealous advocates” of their clients’ interests.
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Bankruptcy Exemption Planning: Counseling in Shades of Gray
by Joel Marker
For a debtor’s counsel, the easiest bankruptcy case involves a client with little or no non-exempt property. To quote Kris Kristofferson from his ballad “Me and Bobby McGee,” “freedom’s just another word for nothin’ left to lose.” But for many individuals who qualify for Chapter 7 relief in spite of the substantial hurdles imposed by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 (those with incomes below the state median or whose debts are primarily business related), the issue of exemption planning remains important. Attorneys representing clients contemplating bankruptcy must be familiar both with state and federal exemption statutes, and with inconsistent case law, that may limit a debtor’s ability to take full advantage of the protections to which the debtor is entitled.
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Dealing with Metadata in the Non-Discovery Context
by H. Craig Hall, Jr.
I’m not exactly sure how this was done, but rumor has it that lawyers used to practice law without computers.
Word processing software, e-mail, spreadsheets, PowerPoint, and the like have become an almost essential part of the professional and personal lives of lawyers and their clients. Such technology can significantly enhance our communication capabilities and efficiency as lawyers. However, potential dangers abound for lawyers. Perhaps one of the most dangerous issues to be aware of is the existence of metadata in electronic documents.
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Interpreting Rules and Constitutional Provisions
Remarks by Laura Dupaix, Linda Jones, and Christina Jepson Schmutz
Edited by John Bogart
Editor’s Note: At the July 2007 Convention of the Utah State Bar, the Appellate Practice Section sponsored a panel discussion on some recent developments and trends in decisions of the Utah appellate courts. The discussion focused on expert testimony and constitutional interpretation. What follows is a summary of the remarks by the panelists.
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Ellis v. Estate of Ellis: The Unequivocal Death of Interspousal Immunity in Utah
by Stephen D. Kelson
On January 2, 2001, newlyweds Steven and Aimee Ellis were traveling by car on their honeymoon. Near Shelley, Idaho, Mr. Ellis lost control of the vehicle and crossed the center median into oncoming traffic, resulting in a collision with a two-ton Mitsubishi truck. Mr. Ellis died as a result of the accident. Mrs. Ellis was hospitalized with serious injuries, including a severe head injury, numerous broken bones, internal injuries, and emotional trauma. Four years later Mrs. Ellis filed a personal injury action against her husband’s estate for negligence, in the Third District Court, Salt Lake County, State of Utah.1 The Estate brought a motion to dismiss Mrs. Ellis’s claim, in part, asserting that it was barred by the doctrine of interspousal immunity.2 The district court granted the Estate’s motion in part, dismissing Mrs. Ellis’s claim of negligence and concluding with reluctance that interspousal immunity is abrogated in Utah only with respect to intentional torts. Mrs. Ellis appealed the decision.
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Senior Attorneys for Low-Income Litigants
by Judge Sam McVey
I hope to generate a discussion in the Bar Journal and elsewhere of new ideas addressing an old problem – providing legal representation to litigants who can’t afford attorneys and aren’t among the few who get help from Legal Services, Legal Aid, or attorneys who do pro bono work.
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Blind Justice? A Review of Missing Witness
by Gordon Campbell
Reviewed by Betsy Burton
In theory, justice must be blind if it is to be fair; the same may be said of book reviews. If a critic is for some reason prejudiced for or against a book, the resultant review is likely to be biased. That being said, it is best to warn readers at the outset that this review is as far from blind as a review can be since (1) I’m not a critic but a bookseller, (2) I know and like Gordon Campbell, and (3) I feel about Missing Witness like a mother hen might feel about her favorite chick. The good news is that therein lies a tale (although not one I’m going to tell in this review). The bad news is you’re unlikely to hear snide comments, plot quibbles, or literary character assassination from this source – although in fairness there are few reviews in this town or across the nation other than that in the Deseret News (a subject that I suspect had more to do with religion than reality) that were anything but wholly positive.
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Business and Commercial Litigation in Federal Courts, Second Edition
Edited by Robert L. Haig
Reviewed by Michael D. Zimmerman
Commercial litigation is a vast arena. In the course of practice, one is constantly confronted with new issues, often legal but perhaps more often practical. The many tactical and strategic questions that arise are every bit as subtle as any the courts address, and the answers appropriate to a particular situation are far less certain because of the varying and complex factual contexts in which they are encountered. An experienced litigator will have plumbed the depths of a number of substantive areas and will have addressed many practical problems of litigation tactics and strategy. However, no matter how sage, any such lawyer will find this eight volume treatise invaluable for its scope and depth, and for its down to earth practicality.
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The Board of Bar Commissioners received the following reports and took the actions indicated during the January 25, 2008 Commission meeting held in Salt Lake City, Utah.
1. The Commission voted to hold the 2011 Annual Convention at a beach location other than the Newport Beach Marriott site.
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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, Utah 84111.
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2007 Utah Bar Journal Cover of the Year Announced
The winner of the Utah Bar Journal Cover of the Year award for 2007 is Cristina Pianezzola, of Orem, Utah. Her photo, taken at South Fork in Provo Canyon, was featured on the cover of the September/October issue.
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Notice of Open Board of Director Position and Notice of Annual Meeting for the Utah Bar Foundation
The Utah Bar Foundation is a non profit organization that acts as the collection point for IOLTA (Interest on Lawyers Trust Accounts) funds and distributes those funds for law related education and legal services for the poor and disabled.
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Recognition for Southern Utah Bar Association
The legitimate object of governments is to do for a community of people, whatever they need to have done, but cannot do at all or cannot, so well do for themselves – in their separate and individual capacities.
The same can be said for the legitimate object of the Bar, that is, to do for a community of people, that which they cannot do at all or so well for themselves. The Southern Utah Bar Association (SUBA) appears to have taken to heart the sentiments of Lincoln, forging a rich tradition of service to the community. SUBA has taken upon itself the mission to provide legal services to those most in need in their community.
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On December 17, 2007, the Honorable Anthony Quinn, Third Judicial District Court, entered an Order of Discipline: Admonition against an attorney for violation of Rules 4.4 (Respect of Rights of Third Persons), 1.3 (Diligence), 1.4(a) (Communication), 1.16(d) (Declining or Terminating Representation), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
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Your Attendance is Requested
Paralegal’s Day CLE Luncheon honoring Utah Paralegals
Hosted by: Paralegal Division – Utah State Bar and The Legal Assistants Association of Utah
Thursday, May 15, 2008 • 12:00 Noon to 1:30 p.m.
Little America Hotel • Ball Room B-C • 500 South Main Street, Salt Lake City, Utah
Keynote Speaker: Chief Justice Christine Durham, Chief Justice of the Utah Supreme Court
1.0 hour of Ethics credit
Register on-line by May 9, 2008 at http://www.utahbar.org/cle/events/registration/annual_paralegal.html
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