Utah Bar Journal

Volume 22 No. 3 May/June 2009

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COVER: Golden Cathedral, Neon Canyon, Grand Staircase, Escalante National Monument, taken by first-time contributor, Ryan Harris of Salt Lake City, Utah.

Volume 22 No. 2 March/April 2009

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COVER: Lake Blanch, Sundial Peak, Big Cottonwood Canyon, by Heather Finch, Provo, Utah

Vol. 22 No. 1 Jan/Feb 2009

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COVER: Defiance House at Lake Powell, by Paul G. Amann of Salt Lake City, Utah.

Vol. 21 No. 6 Nov/Dec 2008

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Vol. 21 No. 5 Sep/Oct 2008

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COVER: Fall in Mueller Park, by first-time contributor Sam Newton of Salt Lake City, Utah

Vol 21 No. 4 July / Aug 2008

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COVER: Desert Flower, taken on Poison Spider Mesa above Moab, Utah, by first-time contributor John Lund of Salt Lake City, Utah.

* President's Message: Giving Generously
* Drawing the Short Straw - Mortgage Fraud and Straw Buyers
* The Commercial Loan Guaranty - Types & Techniques
* An Enigmatic Degree of Medical Certainty
* Winning Arguments Supporting the "Made Whole" Doctrine
* Utah Law Developments: Skeptics at the Gate - The 2007 Revisions to Rule 702, Utah Rules of Evidence
* Utah Law Developments: Highlights from the 2008 Legislative Session
* Book Review: No One Makes it Alone by Andrew A. Valdez
* Book Review: With Hope Across America, A Father-Daughter Journey by Bob Braithwaite
* Paralegal Division: Congratulations Deb Calegory: Recipient of Utah's 2008 Distinguished Paralegal of the Year Award
* Paralegal Division: Making a Difference in the Legal Profession and the Community

Vol. 21 No. 3 May / June 2008

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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

Vol. 21 No. 2 March / April 2008

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COVER: Escalante Canyon at Lake Powell, Utah, by Steven Black of Alpine, Utah.

* Letters to the Editor
* The Ethical Utah Lawyer: What Are the Limits in Negotiation?
* Bankruptcy Exemption Planning: Counseling in Shades of Gray
* Dealing with Metadata in the Non-Discovery Context
* Interpreting Rules and Constitutional Provisions
* Utah Law Developments: Ellis v. Estate of Ellis: The Unequivocal Death of Interspousal Immunity in Utah
* Views from the Bench: Senior Attorneys for Low-Income Litigants
* Book Review: Blind Justice? A Review of Missing Witness by Gordon Campbell
* Book Review: Business and Commercial Litigation in Federal Courts, Second Edition Edited by Robert L. Haig

Vol. 21 No. 1 Jan/Feb 2008

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* President's Message: Lawyer Assistance in Utah - Let Us Help
* A Friend in Need
* What to Expect When You Call Lawyers Helping Lawyers
* LHL: Reflecting the Principles of the ABA Model
* Why Are So Many Lawyers Depressed?
* "Ain't Stress Grand?"
* A Sober Look Back
* Stress in Practicing Law and How to Minimize it from the Perspective of a Family Law Practitioner
* Lessons from Recent Utah Legal Malpractice Cases
* Stress Management for New Lawyers, Or "You Can Do It!"
* My Mentors
* Reducing Stress
* Book Review: The 4-Hour Workweek: Escape 9-5, Live Anywhere, and Join the New Rich by Timothy Ferris
* Book Review: Law & Mental Health Professionals - Utah by Leslie Pickering Francis and Linda F. Smith
* Paralegal Division: Medical Expert Testimony: A View From the Utah Supreme Court

Vol. 20 No. 6 Nov/Dec

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Cover Art Information: Sunrise over Jordanelle Reservoir by first-time contributor Craig Hall, Chapman & Cutler, Salt Lake City.

* President's Message: Professionally Insured... To Be or Not to Be
* The Diversion Process in Disciplinary Cases: Utah Rule 14-533
* The First Decade: The Consumer Assistance Program Has Proven Itself to be a Valuable Program
* Helping Our Clients Tell the Truth: Rule of Professional Conduct 2.1 in Criminal Cases
* SEC Receivers: What Are They and What Do They Do?
* Utah Control Shares Acquisitions Act
* Book Review: The Ministry of Special Cases by Nathan Englander
* The Young Lawyer: Young Lawyer's Division Update
* The Paralegal Division: The "How To" Guide for Membership in the Paralegal Division: What Are the Requirements and Career Benefits of Membership?

Vol. 20 No. 5 Sep/Oct 2007

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Cover Art Information: South Fork, Provo Canyon, by first-time contributor Cristina Pianezzola, Orem Utah.

* President's Message: Greetings
* Ten Ways the Bar Can Be Improved
* An Open Discussion of 10 Ways
* The Supreme Court Decision in Twombly: a New Federal Pleading Standard?
* Implementing Flate Fees in Your Practice
* WiFi in Utah: Legal and Social Issues
* Book Review: Later in Life Lawyers: Tips for the Non-Traditional Law Student by Charles Cooper
* The Paralegal Division: Introducing the Paralegal Division's New Officers and Directors for 2007-2008

PDF Version: http://www.utahbar.org/barjournal/pdf/2007_july_aug.pdf

COVER: Cover Art Information: Summer Flowers on Mount Timpanogos, by Nathan Lyon, Weber County Attorney's Office

* President's Message: A Few Parting Thoughts
* Advance Health Care Planning in Utah
* Utah Law Developments: Noteworthy Laws Passed During 2007 Legislative Session
* When Does a Skier Become a Tresspasser?
* Unsworn Declarations in Lieu of Affidavits: Increasing Efficiency of Practice Under the Utah Rules of Criminal and Civil Procedure and the Utah Rules of Evidence
* Synopsis of Recent Criminal Cases Law Pertaining to Fourth Amendment Issues and Incredible Evidence
* Juvenile Defense in Utah
* Arbitration - In Trouble Again?
* Book Review: Thunder Over Zion: The Life of Chief Judge Willis W. Ritter by Parker Nielson and Patricia Cowley
* Utah Bar Foundation: The Utah Supreme Court IOLTA Program Announces 2007-2008 Grant Awards
* Standard #5: Proceed With Caution in Seeking Sanctions
* State Bar News
* The Paralegal Division Supports Access to Justice and Recognizes its Distinguised Paralegal of the Year

PDF Version: http://www.utahbar.org/barjournal/pdf/2007_may_june.pdf

COVER: Cover Art Information: Scene near Spirit Lake in the Uintah Mountains. Taken by first time contributor Michael D. Bouwhuis of Ogden, Utah.

* President's Message: Make a Difference, Be a Mentor
* The Utah Court of Appeals - Twenty Years Later
* BYU Alumni Women's Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers
* Utah Law Developments: Utah Department of Commerce Answer Call for Electronic Images of Uniform Commercial Code Filings
* Utah's Parental Involvement Law: Minors' Access to Abortion
* Layering the Foundation
* How to Advise Employers on Immigration Issues
* Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?
* The Strength is in the Research
* Update: The Utah State Law Library
* Standard #1 - Principles that Span the Generations
* Beyond Civility for Paralegals

PDF Version: http://www.utahbar.org/barjournal/pdf/2007_mar_apr.pdf

Cover Art Information: COVER: Frozen Stuart Fall, by Nathan Lyon, Weber County Attorney's Office.

* Letter to the Editor
* President's Message: Access to Justice - We Are Not There Yet
* President-Elect & Bar Commission Candidates
* Veni, Vid, Vici: The Brave New World of E-Discovery
* Net Operating Losses: Preserving What You Never Wanted in the First Place
* When Lawyers Become Pre-law Advisors
* The Rapid Evolution of Climate Change Law
* The Justice Gap: The Unmet Legal Needs of Low-Income Utahns
* Practicing to Practice: Scholastic Debate as Law-Related Education
* Review: Sundance 2007
* Standards of Professionalism and Civility: Standard #10
* Paralegal Division: What Is Paralegal Work? - The Utah Supreme Court Offers a Three-Pronged Test

PDF: http://www.utahbar.org/barjournal/pdf/2007_jan_feb.pdf

Cover Art Information: COVER: Winter Cattails, by Bret B. Hicken, Spanish Fork, Utah.

* Letter to the Editor
* President's Message: A Mid-Term Report
* Blind Guides: The Difficult Task of Comprehending the Law
* Going Dark - An Alternative to Sarbanes-Oxley Compliance
* Keep Dreaming
* Attorney Fee Discrimination for Solo Practitioners?
* Going to Court in Babylon
* A Precious Birthright or Federal Porridge: Which Should Utah Lawyers Choose?
* Electronic Filing in Federal Court: Where Are We Now?
* Utah Law Developments: The Paperless Deposition
* Standards of Professionalism and Civility: Standard 19
* Views from the Bench: Judge Disqualification Rules in Action
* The Young Lawyer: The Young Lawyer Division in 2007
* Paralegal Division: Nonlawyers Help Keep Lawyers out of the "Discipline Corner"

PDF http://www.utahbar.org/barjournal/pdf/2006_nov_dec.pdf

Cover Art Information: COVER: For the cover of this issue we selected an image of Gregory Peck, as Atticus Finch, in a scene from the film To Kill a Mockingbird, based on the landmark novel by Harper Lee. Atticus Finch has become the very emblem of legal professionalism and courage, and we felt this picture might help deliver the message of this issue of the Utah Bar Journal, which is that the practice of law is as meaningful and inspiring as its practitioners choose to make it.

* President's Message: Civility, the Hallmark of our Profession
* Promoting the Standards of Professionalism and Civility
* Utah Standards of Professionalism and Civility
* Honest Lawyers Make Good Lawyers Thoughts on Ethics and Civility in the Legal Profession
* Enforcing the Standards of Professionalism and Civility
* Civility and Chivalry
* Need Help on Professionalism Training in Your Office? Call Us.
* Civility in the Practice of Law: A Young Lawyer's Perspective
* A Professionalism Quiz: How Does Your Conduct Measure Up?
* Views From the Bench: What I Know Now that I Wish I Had Known When I Was Practicing
* Paralegal Division: Civility for Paralegals

PDF Version: http://www.utahbar.org/barjournal/pdf/2006_75th_Anniversary.pdf

Cover Art Information: COVER: Historic courthouses located throughout the state of Utah. (See cover key on page 5 of PDF version.) Used by permission, Utah State Historical Society. All rights reserved.

* President's Message: The Past, the Present, and the Future of our Bar
* Best Wishes and Many Thanks from the Chief Justice
* Separate Branches, Balanced Powers: Governing the Judicial Branch
* Seventy Five Years and Four EDs Later
* Richard L. Bird, Jr. - Utah's Most Senior Practicing Attorney
* From the Desk of the General Counsel
* The More Things Change, the More They Stay the Same: Investigating and Prosecuting Allegations of Attorney Misconduct
* Utah Minority Bar Association Receives Prestigious Honors - Thanks Utah State Bar and Bar Members for Support
* Women Lawyers of Utah: How it All Started
* Small Claims Court: A Conversation with Scott Sabey and Tim Shea
* Questions You Might Ask About the History of the Utah Bar Journal
* The Utah State Bar Presents Lifetime Achievement Awards at 75th Anniversary Celebration Dinner
* The Young Lawyers of the Utah State Bar
* Paralegal Division: Congratulations on 75 Years!

Vol. 19 No. 5 Sep/Oct 2006

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

Cover Art Information: COVER: Wheeler Canyon in September, by first time contributor Nathan Lyon, Weber County Attorney's Office.

* Mr. Gray Goes to Washington
* Why Lawyers Matter
* Tax Matters: Statute of Limitations
* Bankruptcy Alternatives in the Face of Recent Bankruptcy Abuse Prevention and Consumer Protection Act
* Utah Enacts the Uniform Environmental Covenants Act ("UECA")
* Crimes, Truth and Videotape: Mandatory Recording of Interrogations at the Police Station
* Utah Law Developments: Recent Developments in Criminal Investigation and Discovery: Access, Disclosure and Use of Information in the Criminal Defense Realm
* Utah Law Developments: Antitrust Immunity for Utah's Political Subdivisions: The Utah Supreme Court's Opinion in Summit Water v. Summit County
* Standards of Professionalism & Civility: Standard 20 - Just Doing the Right Thing
* Paralegal Division: Message From the Chair

Vol. 19 No. 4 July/Aug 2006

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

Cover Art Information: COVER: Pine Creek Canyon, Zions National Park, by first time contributor Steven Black, Highland, Utah.

* Violence Against the Utah Legal Profession - a Statewide Survey
* Separating Powers: the Judiciary's Constitutional Claim on Procedural and Evidentiary Matters
* Separation of Powers
* Constitutional Adjudication
* Fee Arbitration
* "Max 25" is Retiring - the End of an Era in Utah Law Enforcement
* "A Relatively Simple Matter" - Navigating the Utah Discovery Rule
* Utah Law Developments: Parduhn Me: the Utah Supreme Court and the Insurable Interest Requirement
* Standards of Professionalism & Civility: Standard 15 - of Calendars, Courtesy, and Holiday Weekends
* Book Review: "Saviors" by Paul Eggers
* Paralegal Division: Message from the Chair

Vol. 19 No. 3 May/June 2006

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

Cover Art Information: COVER: Downstream entrace to the Subway, Zions National Park. By first time contributor George Sutton, Callister, Nebeker & McCullough, Salt Lake City.

* Along for the Ride?: Warrant Checks and the Status of Passengers During Traffic Stops in Utah
* Preserving State Constitutional Issues in the Trial Court
* Special Masters, Receivers, and the Duty to Marshal Evidence
* Henriod, Dissenting
* Geologic Hazard Disclosure Laws: Why They Make Sense
* Utah Law Developments: Gallegos ex rel Rynes v. Dick Simon Trucking
* Views from the Bench: First Impressions
* Standards of Professionalism & Civility: Standard 17
* State Bar News
* Paralegal Division: Message from the Chair

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

Volume 19 No. 1 Jan/Feb 2006

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

Cover Art Information: COVER: Mount Ogden, taken from Snow Basin Ski Resort, by Ronald G. Russell.

* Update on End-of-Life Issues in Utah
* The Estate Planner/Insurance Salesman and the Fiduciary Duty of Loyalty
* The Road Ahead for the Practice of Elder Law
* Why a Private Conservator?
* Private Care Management - Professional Assistance for the Care of Elderly and/or Disabled Clients
* Assisted Living in Utah: A Brief Overview for Consumers
* The Bible of Elder Law
* A Conservative View of the Originalist View of the Bill of Rights
* The Dangers of Overreacting to "Judicial Activism"
* Views from the Bench: Lessons from Kindergarten
* Standards of Professionalism & Civility: Standard 14 - Professional Courtesy
* Paralegal Division: The Unauthorized Practice of Law

Bar Journal Vol. 18 No. 6 Nov/Dec 2005

PDF version: http://www.utahbar.org/barjournal/pdf/2005_nov_dec.pdf

Cover Art Information: COVER: Fall scene on the Alpine Loop above Sundance, Utah. Photo by Daniel J. Anderson of Kaysville.

* Letter to the Editor
* Practice Pointer: Ethical Considerations for Office Sharing
* The Tyranny of the Courts
* An Analytic Approach to Defining the "Practice of Law" - Utah's New Definition
* Reflections on Poverty, Bankruptcy, and Heresy
* Applying the Standards of Professionalism and Civility to the Practice of Criminal Law
* Utah's Law Developments: Utah's Newest Anti-Spam Law: The Child Protection Registry
* Standards of Professionalism & Civility: Standard 3 - Baby Steps... Toward Civility
* Book Review: Life in the Law: Answering God's Interrogatories Galen L. Fletcher and Jane H. Wise, editors
* Paralegal Division: Results of the Beta Test of the Utilization/Salary Survey - 2005

Bar Journal Volume 18 No. 5 Sep/Oct 2005

Cover Art Information: COVER: Small stream and wetlands up American Fork Canyon on the trail to the top of Mt. Timpanogos. Photo by first-time contributor Laramie D. Merritt, Bluffdale, Utah.

Table of Contents:

* President's Message: Many Hands Make Light Work
* Commissioner Report: Why the Bar Might Mandate Disclosure of Uninsured Practice
* Commissioner Report: Is Mandating Disclosure in Your Fee Letter That You Do Not Carry Malpractice Insurance a Sound Idea?
* Considerations in Purchasing and Using Malpractice Insurance
* ERISA Standards of Review and the Administrator's Conflict of Interest
* Migrating the Utah State Bar to VoIP: Motivations and Lessons Learned
* Maneuvering Through Mediation: The Tricks, Twists and Turns of Finding Untracked Powder - Resolution
* Standards of Professionalism & Civility: Standard 6 - Adherence to Promises & Commitments
* Utah Bar Foundation
* Book Review: Overcoming The 6-Minute Life: How and Why The Legal Profession Should Free Itself From Billable Hours
* Paralegal Division: Why Paralegal Certificate Counts

PDF Version: http://www.utahbar.org/barjournal/pdf/2005_sept_oct.pdf

Bar Journal Volume 18 No. 4 July/Aug 2005

COVER: Thousand Peaks Ranch on the Weber River, east of Oakley, Utah. Photo by Marva Match of Cannon & Match, Salt Lake City.

“Making Law” and “Finding Facts” Unavoidable Duties of an Independent Judiciary - by John J. Flynn
Get Ready for the Bankruptcy Amendments of 2005 - by Joel Marker
Bankruptcy Litigation: Some Practical Pointers - by J. Robert Nelson
A Guide to The Foreign Corrupt Practices Act - by Robert A. Youngberg
Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them - by Kate A. Toomey
Federal Appeals: The Scoop on Electronic Submission and Filing - by Douglas E. Cressler
Views from the Bench:Learning Professionalism and Civility – Thoughts for New Members of the Bar - by Judge Derek P. Pullan
Standards of Professionalism & Civility: Standard 8 - by Linda Jones
State Bar News
Paralegal Division - Farewell Message - Talley Burke

--PDF Version: http://www.utahbar.org/barjournal/pdf/2005_july_august.pdf

Volume 18 No. 3 May/June 2005

COVER: “The Wave,” Paria River, near Kanab, Utah. Photo by first-time contributor, Walter F. Bugden, Jr. of Bugden & Isaacson, Salt Lake City.

Letter to the Editor
Why Don’t They Like Us? Why Don’t They Respect Us? - by Keith E. Taylor
Standards for Standards’ Sake: Questioning the Standards of Professionalism and Civility - by Eric K. Johnson
Outsourcing – for Easy, Effective Data Protection - by David Saperstein
Some Thoughts Concerning Trustee Selection - by Langdon T. Owen, Jr.
Utah Law Developments: New Laws Every Lawyer Should Know - by Brent N. Bateman
Standards of Professionalism & Civility: Standard 11 – Ex Parte Communications - by Judge Gregory K. Orme
State Bar News
Paralegal Division: Paperless? Hah! Less Paper – Absolutely! Basic Records Management Concepts - by Heather Holland

PDF Version: http://www.utahbar.org/barjournal/pdf/2005_may_june.pdf

Bar Journal Vol. 17 No. 9 December 2004

Cover Art Information: COVER: Interesting perspective of the Spiral Jetty at Rozel Point on the Great Salt Lake. Taken by first-time contributor, Paul G. Amann, Utah Attorney General's Office. The Spiral Jetty was created by landscape artist Robert Smithson shortly before his death in 1973.

* Practice Pointer: Managing Your Trust Account
* I Will Not Take the Oath (Unless I Really Have To)
* The Construction Attorney's Toolbox - Building Solutions
* Utah Law Developments: Employment Law Update: November 2002-November 2004
* Paralegal Division

PDF Version: http://www.utahbar.org/barjournal/pdf/2004_dec.pdf

Bar Journal Volume 17 No. 7 October 2004

Cover Art Information: COVER: "Tendrills" of Virginia Creeper vines struggle to survive October by exploding with color. Taken in Holladay, Utah by Dana Sohm.

Table of Contents:

* Practice Pointer: Neither a Borrower Nor a Lender Be
* Cracking the Computer Forensics Mystery
* Judicial Disqualification in Utah
* An Overview of State Sovereign Immunity in the Federal System
* Casemaker Coming Soon
* Paralegal Division: Utilization and Salary Survey to be Unveiled This Fall

Bar Journal Volume 17 No. 6 Aug/Sept 2004

Cover Art Information: COVER: Fish Towers, Colorado River Scenic Byway near Moab, Utah by Bret Hicken, Hicken & Hatch, Spanish Fork.

* Practice Pointer: When Can a Lawyer End an Attorney-Client Relationship?
* Possible Defense Responses to Plaintiff's "Experts"
* Mental Illness, Addiction and Attorneys
* Facsimile Advertising and the Requirement to Get Signed, Written Consents
*The Utah Marshaling Requirement: An Overview
*Objectives of Revocable Trusts
* Utah Law Developments: Can You Amend That Revocable Trust? Utah Estate Planning Lawyers Face a Trap for the Unwary
* Views from the Bench: Remember, for Every Case Won at Oral Argument, the Other Side Loses
* Book Review: Reading Lolita in Tehran, by Azar Nafisi and The Last Summer of Reason, by Tahar Djaout
* Paralegal Division: Division Officers and Directors 2004-2005

PDF Version available at: http://www.utahbar.org/barjournal/pdf/2004_aug_sep.pdf