Utah Bar Journal

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*President’s Message:
Welcoming 320 New Lawyers Into Our Fold: A Force of 10,000 Problem Preventers and Solvers by Stephen W. Owens

*Articles:
Maintaining Good Client Communication: An Ethical Responsibility and Practical Imperative by Aaron Bartholomew and Carolyn E. Howard

*Metadata Minefield, Utah Rules
by Steven L. Nichols

*Father of the Bride
by Rev. Learned Ham

*Indigent Defense in Utah: Constitutionally Adequate?
by Marina Lowe

*Warning: Your Name Might Be Listed Here by Joanne C. Slotnik

*Researching the Servicemembers Civil Relief Act
by Mari Cheney

*State Bar News

*Paralegal Division:
2009–2010 Paralegal Division Board of Directors by Aaron L. Thompson

A Force of 10,000 Problem Preventers and Solvers

by Stephen W. Owens

On October 20, we swore in 320 new lawyers in a crowded ceremony at the Salt Palace. With this addition, we hit the significant milestone of 10,000 problem preventers and solvers. About a quarter of these are on inactive status. We are a force for good, helping maintain a peaceful and fair society.

My wife tells me that people do not like unsolicited advice, and I am trying to get better at keeping my mouth shut unless asked. Nevertheless, I cannot resist this opportunity to give a little counsel to our new colleagues:

Be Prepared

by Aaron Bartholomew and Carolyn E. Howard

Lawyers in a general practice setting regularly deal with clients who are experiencing some of the most challenging times in their lives. Clients in these circumstances not only demand competent legal practice from their lawyers, but also effective and regular communication. From a client's point of view, no amount of expertise and legal acumen trumps the client's need to be kept in the loop. Effective communication with clients may be the most important factor in promoting the stability and success of a law practice.

by Steven L. Nichols

In December 2005, the Florida Bar's Board of Governors (Board) considered the issue of lawyers who look for metadata in electronic documents they have received, for example, from opposing counsel. The Board voted unanimously for a motion condemning the practice and referred two specific questions related to the practice of mining metadata to the Professional Ethics Committee of the Florida Bar. This moment in legal ethics history was made most notable, however, because several Board members stated publically that, prior to having this issue raised, they had never heard of metadata.

by Rev. Learned Ham

It's funny how life-changing events can start out so innocently. A blind date. Taking the LSAT on a dare. Ordering chicken sushi because you're bored with the same old squishy tuna. My daughter called and we were talking about her upcoming wedding.

Me: Who's going to perform the marriage?

by Joanne C. Slotnik

In response to my whining about how few people read my article Judging the Judges published in the spring Bar Journal, a colleague recently suggested that if I really wanted attorneys to learn about the work of the Judicial Performance Evaluation Commission (JPEC as the commission is known by those closest to it), I should embed the article in the attorney discipline section. In lieu of that, I hope the misleading title of this article has garnered enough of your attention to keep you reading.

by Mari Cheney

If you are a civil attorney in Utah, you may have already encountered
the Servicemembers Civil Relief Act (SCRA), see 50 U.S.C. app. §§
501-96, if your client, opposing party, or a third party to your
case is on active duty in the military or is otherwise affected by
the SRCA. If you are new to the SCRA, this article will provide
information about the basic provisions of the SRCA and secondary
sources that provide detailed analysis and sample forms.

Attorney Discipline
ADMONITION
On August 10, 2009, 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
1.1 (Competence), 1.6(a) (Confidentiality of Information), and
8.4(a) (Misconduct) of the Rules of Professional Conduct.

by Aaron L. Thompson

As the new Chair of the Paralegal Division, I am pleased to introduce to you the new officers and directors of the Paralegal Division for 2009-2010. These professionals will continue the tradition of excellent leadership and service to our Division members, to the Bar, and to the community. I look forward to working with many members of the Paralegal Division and its board of directors. I appreciate the support of Steve Owens, the Utah State Bar President, Rob Jeffs, the President-Elect, and the Bar Commissioners. I look forward to making our Division even more beneficial to its members and continuing its outreach to and support of the legal community. I believe that together we can make a difference in the quality and efficiency of the delivery of legal services. If you would like more information about the Paralegal Division, please visit our website at utahbar.org/sections/paralegals.