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September 30, 2004

Bar Journal Volume 17 No. 6 Aug/Sept 2004

Bar Journal Volume 17 No. 6 Aug/Sept 2004

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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

October 26, 2004

Bar Journal Volume 17 No. 7 October 2004

Bar Journal Volume 17 No. 7 October 2004

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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

December 19, 2004

Bar Journal Vol. 17 No. 9 December 2004

Bar Journal Vol. 17 No. 9 December 2004

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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

June 11, 2005

Volume 18 No. 3 May/June 2005

Volume 18 No. 3 May/June 2005

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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

August 6, 2005

Bar Journal Volume 18 No. 4 July/Aug 2005

Bar Journal Volume 18 No. 4 July/Aug 2005

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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

October 16, 2005

Bar Journal Volume 18 No. 5 Sep/Oct 2005

Bar Journal Volume 18 No. 5 Sep/Oct 2005

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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

January 20, 2006

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

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

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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

February 15, 2006

Volume 19 No. 1 Jan/Feb 2006

Volume 19 No. 1 Jan/Feb 2006

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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

April 25, 2006

Vol. 19 No. 2 Mar/Apr 2006

Vol. 19 No. 2 Mar/Apr 2006

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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

June 1, 2006

Vol. 19 No. 3 May/June 2006

Vol. 19 No. 3 May/June 2006

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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

August 10, 2006

Vol. 19 No. 4 July/Aug 2006

Vol. 19 No. 4 July/Aug 2006

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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

November 8, 2006

Vol. 19 No. 5 Sep/Oct 2006

Vol. 19 No. 5 Sep/Oct 2006

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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

January 8, 2007

Vol. 19 No. 6 - 75th Anniversary Special Issue

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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!

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