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November 2008 Archives

November 17, 2008

Vol. 21 No. 6 Nov/Dec 2008

Vol. 21 No. 6 Nov/Dec 2008

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  • Letters to the Editor

  • President’s Message: Professional Relationships by Nathan D. Alder

  • Riding High With Your Mediator: The Do’s and Don’ts of Effective Mediation Advocacy by Tracy L. Allen

  • ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry by Loren M. Lambert

  • A Primer on the National Vaccine Injury Compensation Program by Christopher J. Rogers

  • An Open Letter to the Newly Established Utah Supreme Court Professionalism Counseling Program Board by Eric K. Johnson

  • John Hill, Public Defenders’ Long-Time Leader, Retires

  • Views from the Bench: Report from 7500 Feet by Justice Michael J. Wilkins

  • Views from the Bench: Statements of Material Fact: Increasing Effectiveness and Avoiding Pitfalls by Judge Anthony B. Quinn and Joanna E. Miller

  • Book Review: Convictions: A Prosecutor’s Battles Against Mafia Killers, Drug Kingpins, and Enron Thieves by John Kroger Reviewed by Ralph Dellapiana

  • Book Review: How to Build and Manage an Estates Practice, Second Edition by Daniel B. Evans, Esq. Reviewed by Nathan C. Croxford and Andrew L. Howell

  • Paralegal Division: Introducing the Paralegal Division’s New Officers and Directors for 2008-09 by Julie L. Eriksson, Chair
  • Dear Editor

    Dear Editor,

    Thank you, UBJ, for publishing Eric K. Johnson’s “Open letter to the Newly Established Utah Supreme Court Professionalism Counseling Program Board” (Sept/Oct.2008). This piece is a refreshing alternative voice for those of us who are already regulated to death and don’t feel the need for still another layer of micromanagement and regulation of our practices. Eric’s counterpoint, like Alexander Pope’s “wit,” contains views “oft thought, but ne’er so well expressed.”

    Continue reading "Dear Editor" »

    Dear Editor

    Dear Editor,

    In the most recent Utah Bar Journal, Eric K. Johnson wrote a letter to the newly-established Utah Supreme Court Professionalism Counseling Program Board. The law firm Smart, Schofield, Shorter & Lunceford wishes to make it known that the opinions expressed in the letter are not a reflection of the attitude and position of our firm. This letter was published without the knowledge or consent of the shareholders. Our firm supports the efforts to improve the civility and professionalism of attorneys toward each other.

    Very truly yours,
    Smart, Schofield, Shorter & Lunceford Shareholders

    The Bar is Looking for a Few Good Mentors Actually, We Need Hundreds of You to Step Forward

    The Bar is Looking for a Few Good Mentors Actually, We Need Hundreds of You to Step Forward
    by Nathan D. Alder

    On September 30, 2008, the Bar petitioned the Utah Supreme Court to replace the first year of mandatory New Lawyer Continuing Legal Education (“NLCLE”) with a one-on-one mentoring program called the New Lawyer Training Program (“NLTP”). While we await the Supreme Court’s final action on the petition, as well as Bar members’ comments, the Court has endorsed the mentoring concept and approved the Bar’s recruitment of mentors. Many new lawyers indicate that they do not feel well-prepared for the practical aspects of practicing law. And, adequate on-the-job training too often is subordinated to billable hours and business pressure. The new program matches a newly-admitted lawyer with an experienced attorney to help the new lawyer acquire the practical skills and judgment necessary to practice in a highly competent manner. The mentor can also help the new lawyer to better understand ethical and professional requirements and constraints and to develop networking and long-term relationships within the profession.

    Continue reading "The Bar is Looking for a Few Good Mentors Actually, We Need Hundreds of You to Step Forward" »

    Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?

    Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?
    by R. Spencer Macdonald
    Although the response to the question in the title of this note may seem obvious, attorneys in Utah may be surprised to learn that several district courts have concluded that the Wrongful Liens and Wrongful Judgment Liens Statute, (the Wrongful Lien Statute), see Utah Code Ann. § 38-9-1 to -7 (2005), categorically does not apply to mechanics’ liens. However, recent developments on this issue have demonstrated that the Wrongful Lien Statute can, in fact, apply to mechanics’ liens (and other types of liens) in some circumstances.

    Continue reading "Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?" »

    Unbundled in Utah

    Unbundled in Utah
    by Virginia Sudbury

    There are certain keys to a better life; among them world peace, the Cubs in the World Series (next year!), and, of course, accessible legal services. Few things are more keenly needed than the latter, and often at cruelly unexpected times. I am an attorney who believes passionately in public interest law, and yet I want to eat relatively well. I want a way to engage in the private practice of law while wearing public interest clothes. Practicing “unbundled” law is providing me that satisfaction.

    Continue reading "Unbundled in Utah" »

    November 13, 2008

    A Notary Primer for Utah Attorneys

    A Notary Primer for Utah Attorneys
    by Scott M. Ellsworth

    We all know the frustration of having a notary form attached to a document that innocently asserts that the document was signed in front of a notary when in fact it has already been signed and all that’s needed is an acknowledgement. Few people are even sufficiently into notarial minutiae to distinguish among jurats, acknowledgements, copy certifications, and pronotarial oaths (and, of course, such people could, with some justification, reply “that’s what attorneys are for”). The problem is, however, that chapter 46-1 of the Utah Code (the Notaries Public Reform Act) just doesn’t come up all that often, and we can hardly expect our assistants and paralegals to comprehend the ins and outs of notarial verification (at least, not without some training) unless they themselves are notaries. And even notaries are often unaware of which kind of document requires what kind of certificate.

    Continue reading "A Notary Primer for Utah Attorneys" »

    The Spider to the Fly

    The Spider to the Fly
    by Just Learned Ham

    I have a confession to make. I am an in-house lawyer, and I’ve been one for a long time. I am the reason your clients no longer think of you as a trusted advisor, but just another cost in need of control (well, that plus your $450 billing rate – for that kind of money, shouldn’t you at least offer to wash my windshield?). It’s my fault your bills have those incomprehensible matter numbers. If it’s any comfort, those numbers don’t mean anything to me, either. The whole point is so you, and my CEO, will think I’m watching you (that’s the kind of thing we talk about at those corporate counsel CLE’s in the Lesser Antilles). And I still get to tell people I practice law (and no, I don’t feel bad saying that – Jim Matheson still gets to call himself a Democrat, doesn’t he?).

    Continue reading "The Spider to the Fly" »

    November 12, 2008

    Utah Legislative History Research Tips

    Utah Legislative History Research Tips
    by Mari Cheney

    Researching legislative history can be daunting. It is often a multimedia experience that includes print, online, and audio resources. You may have to visit more than one place, including your law library, the Archives, and Capitol Hill. A renumbered code section can complicate your research. And sometimes you will go through the entire process and have no more insight into what the legislature’s intent was than when you started.

    Don’t be discouraged. Here are some tips to help you through the process.

    Continue reading "Utah Legislative History Research Tips" »

    November 10, 2008

    Legislative Update: Senate Bill 83 “Check Cashing and Deferred Deposit Lending Registration Act”

    Legislative Update: Senate Bill 83 “Check Cashing and Deferred Deposit Lending Registration Act”
    by Jill O. Jasperson

    Senate Bill 83 modified what was known as the Check Cashing Registration Act to the more correct title of Check Cashing and Deferred Deposit Lending Registration Act (the Act). It was sponsored by legislator Karen Mayne and approved by the governor on March 14, 2008. The Act went into effect May 5, 2008. The bill makes technical and conformation amendments to the Utah Code, found mainly in Title 7. In part, the bill was a housekeeping effort to add the words “deferred deposit lender” or “deferred deposit lending” alongside the words “check casher” already used in other parts of the code. The bill was considered a compromise between legislators and consumer advocates in trying to establish further regulation of check cashers and deferred deposit lenders.

    Continue reading "Legislative Update: Senate Bill 83 “Check Cashing and Deferred Deposit Lending Registration Act”" »

    Commission Highlights

    Commission Highlights

    The Board of Bar Commissioners received the following reports and took the actions indicated during the September 12, 2008 Commission meeting held at the Law & Justice Center in Salt Lake City, Utah.

    1. The Commission approved a Distinguished Service Award for “and Justice for All” in recognition of their outstanding service toward the creation of a better public understanding of the legal profession and the administration of justice.

    2. The Commission approved appointments to the Bar Operations Review Committees for evaluations of the Office of Professional Conduct, Continuing Legal Education, Fee Dispute Resolution, the Fund for Client Protection, and the Law & Justice Center. Evaluations of these Bar programs are set to begin in October 2008.

    Continue reading "Commission Highlights" »

    Whistle-Blower Policy

    Whistle-Blower Policy

    Bar Commissioners, Bar staff, and any member of the Bar may anonymously report concerns regarding fraud, violations of law, conflicts of interest, other breakdown in internal controls, financial reporting issues, and other areas of major governance concern to the Chief Justice of the Utah Supreme Court for investigation and action as is deemed by the Chief Justice to be appropriate.

    Continue reading "Whistle-Blower Policy" »

    Notice of Election of Bar Commissioners

    Notice of Election of Bar Commissioners

    Third, Fourth, and Fifth Divisions
    Pursuant to the Rules for Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division, and one member from the Fifth 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.

    Continue reading "Notice of Election of Bar Commissioners" »

    Notice of Election of Bar President-Elect

    Notice of Election of Bar President-Elect
    Any active member of the Bar in good standing is eligible to submit his or her name to the Bar Commission to be nominated to run for the office of president-elect in a popular election and to succeed to the office of president. Indications of an interest to be nominated are due at the Bar offices, c/o Executive Director John Baldwin, 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at director@utahbar.org by 5:00 p.m. on January 2, 2009.

    Continue reading "Notice of Election of Bar President-Elect" »

    Mandatory CLE Rule Change

    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.


    Continue reading "Mandatory CLE Rule Change" »

    Notice of Petition for Reinstatement to the Utah State Bar by Cheri K. Gochberg

    Notice of Petition for Reinstatement to the Utah State Bar by Cheri K. Gochberg

    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 the Verified Petition for Reinstatement of Cheri K. Gochberg (Petition) filed by Francis J. Carney, counsel for Cheri K. Gochberg, in In the Matter of the Discipline of Cheri K. Gochberg, Third Judicial District Court, Civil No. 080901793. 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.

    Notice of Petition for Reinstatement to the Utah State Bar by Charles C. Brown

    Notice of Petition for Reinstatement to the Utah State Bar by Charles C. Brown

    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 the Verified Petition for Reinstatement of Charles C. Brown (Petition) filed by John A. Snow, counsel for Charles C. Brown, in In the Matter of the Discipline of Charles C. Brown, Third Judicial District Court, Civil No. 970905495. 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.

    Announcing the formation of the new Communications Law Section of the Utah Bar

    Announcing the formation of the new Communications Law Section of the Utah Bar

    The communications industry is evolving rapidly, spurred by innovations in technology as well as recent and pending regulatory changes. The new Communications Law Section is intended to bring together attorneys with experience in the communications industry to better serve clients in the Utah market. The purposes of the Section are broadly defined and the Section’s meetings and CLE presentations will encompass everything from legal issues encountered by traditional broadcast companies to First Amendment issues.

    Continue reading "Announcing the formation of the new Communications Law Section of the Utah Bar" »

    Pro Bono Honor Roll

    Pro Bono Honor Roll

    Fred Anderson – Guadalupe Clinic
    Andres Alacon – Family Law Clinic
    Lauren Barros – Family Law Clinic
    Joseph Beane – Divorce Case
    Nelda Bishop – Custody Case
    Matt Boley – Housing Case
    Sasha Brown – Family Law Clinic
    Bryan Bryner – Guadalupe Clinic
    Heather Carter-Jenkins – Housing Case
    Danielle Dallas – Guadalupe Clinic
    Annie Deprey – Divorce Case
    Sandy Dolowitz – Domestic Manual

    Continue reading "Pro Bono Honor Roll" »

    Mentors Needed for the New Lawyer Training Program

    Mentors Needed for the New Lawyer Training Program

    Join the best and the brightest group of Utah lawyers and become a mentor for a new attorney through the New Lawyer Training Program (NLTP)

    What is Required:
    1. Submit the mentor volunteer form
    2. Approval by the Utah Supreme Court Committe on Professionalism
    3. Meet with your new lawyer a minimum of two a month.

    The rewards that come from mentoring are priceless, but as an added bonus you will receive 12 hours of CLE credit for your work.

    Continue reading "Mentors Needed for the New Lawyer Training Program" »

    Bar Thank You and Welcome to New Admittees

    Bar Thank You and Welcome to New Admittees

    Over 300 new admittees were welcomed into the Utah State Bar at the October 23, 2008 admission ceremony, held at the Salt Palace. A sincere thank you goes to all the attorneys who donated their time to assist with the July 2008 Bar exam. Over 86 attorneys volunteered their time to review the Bar exam questions and grade the exams. The Bar greatly appreciates the contribution made by these individuals and gives a big thank you to the following:

    Continue reading "Bar Thank You and Welcome to New Admittees" »

    Bar Thank You and Welcome to New Admittees

    Bar Thank You and Welcome to New Admittees

    Over 300 new admittees were welcomed into the Utah State Bar at the October 23, 2008 admission ceremony, held at the Salt Palace. A sincere thank you goes to all the attorneys who donated their time to assist with the July 2008 Bar exam. Over 86 attorneys volunteered their time to review the Bar exam questions and grade the exams. The Bar greatly appreciates the contribution made by these individuals and gives a big thank you to the following:

    Continue reading "Bar Thank You and Welcome to New Admittees" »

    Attorney Discipline

    Attorney Discipline

    ADMONITION
    On July 18, 2008, the Vice-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 1.2(c) (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.2(d) (Scope of Representation and Allocation of Authority Between Client and Lawyer), 8.4(c) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

    Continue reading "Attorney Discipline" »

    2008 Salary Survey

    The Paralegal Division of the Utah State Bar has concluded our 2008 Salary Survey. We thank you for your participation and invite you to check out our analysis of the survey data coming soon on our website, www.utahparalegals.org. Additional coverage of the survey results will appear in the January/February 2009 edition of the Utah Bar Journal.

    Thank you,
    Salary Survey Committee
    Paralegal Division, Utah State Bar

    When Witnesses Attack: Dealing With Third-Party Harassment and Threats

    When Witnesses Attack: Dealing With Third-Party Harassment and Threats
    by Karen McCall

    Despite the adversarial nature of most legal proceedings, the parties involved normally conduct themselves in an appropriate and civil manner. However, as many of us know firsthand, there are exceptions to this rule. While threats or other alarming or dangerous behavior toward legal professionals are perhaps seen, or at least reported, more frequently in family law, no one in any practice area is immune.

    Continue reading "When Witnesses Attack: Dealing With Third-Party Harassment and Threats" »

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    About November 2008

    This page contains all entries posted to Utah Bar Journal in November 2008. They are listed from oldest to newest.

    September 2008 is the previous archive.

    January 2009 is the next archive.

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

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