Utah Bar Journal

Vol. 21 No. 3 May / June 2008

PDF Version

COVER: Subway Trail, Zion National Park, Utah by first-stime contributor Trent Nelson, Kaysville, Utah.

* President-Elect and Bar Commission Candidates
* Utah Supreme Court Establishes Professionalism Counseling Program
* Well, What Did You Expect? The Utah Supreme Court Discusses "Accidents"
* Going Green in a Red State
* Utah Law Developments: 2007 Case Summaries
* Young Lawyers Division: Wills for Heroes - Providing Valuable Community Service to First Responders
* Paralegal Division: Notary Public Issues

President-Elect and Bar Commission Candidates

President-Elect Candidates
STEPHEN W. OWENS
Background & Bar Service

• Practice in five-attorney litigation firm in Salt Lake City, Epperson Rencher & Owens (1997-present)
• Elected Bar Commissioner (2002-present) (Executive Committee 2007-08)

Subcommittees: Lawyer Assistance, OPC Diversion, Public Affairs, Mentoring, Communications
Liaison: Litigation Section, Tooele County Bar, Cyber Law Section

• Training at Western States Bar Conferences (2007, 2008)
• Routinely represent pro bono clients
• Raised $1.25 million for U of U’s Wayne Owens Endowed Professorship (2007)
• Ethics Advisory Opinion Committee Member (2006-present)
• Law-Related Education Teacher and Judge of Mock Trial Finals (1994-present)
• President, Utah Bar Young Lawyers Division (2001)
• Clerk Utah Supreme Court (Richard C. Howe) and Third District Court (1994-97)
• Law Degree from the University of Utah/S.J. Quinney College of Law (1994)
• Harry S. Truman National Scholarship for Leadership and Public Service (1989)

Utah Supreme Court Establishes Professionalism Counseling Program
by The Honorable Christine M. Durham and Marilyn (Matty) Branch

During the Utah State Bar 2008 Spring Convention in St. George, Justice Ronald E. Nehring announced the issuance of Utah Supreme Court Standing Order No. 7, 1 establishing a program of professionalism counseling for members of the Utah State Bar. Standing Order No. 7 became effective April 1, 2008. It represents a further effort by the Supreme Court to draw attention to the Utah Standards of Professionalism and Civility and to encourage adherence to them. The text of Standing Order No. 7 and the Utah Standards of Professionalism and Civility are found at the end of this article.

Well, What Did You Expect? The Utah Supreme Court Discusses “Accidents”
by Mark W. Dykes
If you borrow your neighbor’s cabin, build an excessively festive fire in the hearth, and burn the place down, your liability insurer will defend you against the ensuing lawsuit and indemnify you against payment of any judgment.1 But if you intentionally torch the place, you are out of luck, because liability insurance normally only applies to accidents, not the outcome of deliberate acts.

Going Green in a Red State
by Lisa McGarry & Margaret Olson
The offices of Hobbs & Olson, LC and Hobbs Mediation are committed to environmentally responsible office practices. All it takes is awareness, a desire to reduce, and a commitment to try. In this article, we share our energy policy with members of the bar in the hope that others will follow.

2007 Case Summaries
Presented by Associate Chief Justice Michael J. Wilkins and Judge Carolyn McHugh

Editor's Note: Supreme Court Associate Chief Justice Michael J. Wilkins and Court of Appeals Judge Carolyn B. McHugh addressed some of last year’s important Utah appellate decisions at a Salt Lake County Bar luncheon on January 31, 2008. Although the information will be of more limited utility for those not in attendance, the Utah Bar Journal thought its readers might find the case summaries, distributed as handouts during the presentations, to be of interest. Accordingly, the handouts are reprinted here, with the speakers’ permission. Especially because readers will not have the benefit of the commentary provided by the speakers, readers are cautioned that the summaries should not be relied on for any purposes other than calling attention to these opinions and explaining what each case generally involves.

Supreme Court of Utah 2007 Decisions
Total Number of Cases............................99
Civil.......................................................41
Criminal.................................................30
Administrative..........................................6
Procedural...............................................8
Family Law..............................................4
Professional Misconduct...........................3
Affirmed or Affirmed in Part.......................52
Reversed or Vacated................................30

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

2008 Fall Forum Awards
The Board of Bar Commissioners is seeking nominations for the 2008 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 Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 15, 2008. The award categories include:

1. Distinguished Community Member Award
2. Pro Bono Lawyer of the Year
3. Professionalism Award

View a list of past award recipients at: www.utahbar.org/members/awards_recipients.html

Mail List Notification
The Utah State Bar sells its membership list to parties who wish to communicate via mail about products, services, causes or other matters. The Bar does not actively market the list but makes it available pursuant to request. An attorney may request his or her name be removed from the third party mailing list by submitting a written request to the licensing department at the Utah State Bar.

Mandatory CLE Rule Change
Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

Pro Bono Honor Roll
Andres Alarcon – Family Law Clinic
Kenneth Allsop – Divorce Case
Erin Arnold – Guadalupe Clinic
Lauren Barros – Family Law Clinic
Jonathan Benson – Guadalupe Clinic
M. James Brady – Divorce Case
Janell Bryan – Consumer Case
Bryan Bryner – Guadalupe Clinic

Mailing of Licensing Forms
The licensing forms for 2008-09 have been mailed. Fees are due July 1, 2008; however fees received or postmarked on or before July 31, 2008 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 or late fees. Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. 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 information, please submit the information to Jeff Einfeldt, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111-3834. You may also fax the information to (801)531-9537, or e-mail the corrections to Jeff.Einfeldt@utahbar.org.

Notice of Petition for Reinstatement to the Utah State Bar by Russell T. Doncouse
Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of Respondent’s Verified Petition for Reinstatement and Affidavit of Compliance (“Petition”) filed by Russell T. Doncouse in In the Matter of the Discipline of Russell T. Doncouse, Second Judicial District Court, Civil No. 020900608. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

Request for Comment on Proposed Bar Budget
The Bar staff and officers are currently preparing a proposed budget for the fiscal year which begins July 1, 2008 and ends June 30, 2009. The process being followed includes review by the Commission’s Executive Committee and the Bar’s Budget & Finance Committee, prior to adoption of the final budget by the Bar Commission at its May 30, 2008 meeting.
The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the proposed budget, in its most current permutation, is available for inspection and comment at www.utahbar.org.
Please contact John Baldwin at the Bar Office with your questions or comments.
Telephone: (801) 531-9077
Email: jbaldwin@utahbar.org

Discipline Corner

SUSPENSION
On January 30, 2008, the Honorable Steven L. Hansen, Fourth Judicial District Court, entered an Order of Discipline: Six-Month Suspension suspending Charles W. Hanna from the practice of law, effective February 29, 2008, for violation of Rules 1.5(a) (Fees), 1.5(c) (Fees), 1.7(b) (Conflict of Interest: General Rule), 1.8(a) (Conflict of Interest: Prohibited Transactions), 8.4(c) (Misconduct), 8.4(d) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

Wills for Heroes – Providing Valuable Community Service to First Responders

The St. George Wills for Heroes Event
On March 14, 2008, members of the Utah State Bar donated their time and talents to create wills and other estate planning documents for police officers, firefighters, and other first responders in the St. George area through a new pro bono program instituted by the Young Lawyers Division and the Wills for Heroes Foundation®.

Notary Public Issues
by Fran Fish
As a government commissioned official, the notary public ensures the integrity of a document’s execution. A notary who diligently insists on proper identification from and appearance by signers and witnesses, and who follows correct procedures will generally not have any cause to worry about lawsuits. However, notaries could face liability for untruthful or inaccurate statements made in the notarial certificates they complete.