http://webster.utahbar.org/barjournal/ en-us Copyright 2008 Mon, 31 Mar 2008 09:27:32 -0700 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss Vol. 21 No. 2 March / April 2008 PDF Version 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 ]]> http://webster.utahbar.org/barjournal/2008/03/vol_21_no_2_march_april_2008.html http://webster.utahbar.org/barjournal/2008/03/vol_21_no_2_march_april_2008.html Bar Journal Contents Mon, 31 Mar 2008 09:27:32 -0700 Dear Editor: I chime in re colleague Vetter’s excellent suggestions to improve our bar, particularly regarding bar finances and lawyer referral. http://webster.utahbar.org/barjournal/2008/03/letter_to_the_editor_6.html http://webster.utahbar.org/barjournal/2008/03/letter_to_the_editor_6.html Letters to the Editor Mon, 31 Mar 2008 09:26:28 -0700 Dear Editor: Judge Reva Beck Bosone has served as a role model and inspiration to many Utah women who have desired to become lawyers. I was reminded of this recently and decided to write concerning my limited experience with Judge Bosone. http://webster.utahbar.org/barjournal/2008/03/letter_to_the_editor_5.html http://webster.utahbar.org/barjournal/2008/03/letter_to_the_editor_5.html Letters to the Editor Mon, 31 Mar 2008 09:25:25 -0700 The Ethical Utah Lawyer: What Are the Limits in Negotiation? by Michael H. Rubin Editor’s Note: Mr. Rubin was the keynote speaker at the Utah State Bar’s 2007 Annual Convention. His engaging presentation included a turn at the “baby grand,” which unfortunately cannot be replicated here. This article otherwise draws heavily on his remarks in Sun Valley as well as on his prior publications.1 The Lawyer as a “Zealous Advocate” For over two hundred years, lawyers have been encouraged to be “zealous advocates” of their clients’ interests.]]> http://webster.utahbar.org/barjournal/2008/03/the_ethical_utah_lawyer_what_a.html http://webster.utahbar.org/barjournal/2008/03/the_ethical_utah_lawyer_what_a.html Article Mon, 31 Mar 2008 09:11:55 -0700 Bankruptcy Exemption Planning: Counseling in Shades of Gray by Joel Marker For a debtor’s counsel, the easiest bankruptcy case involves a client with little or no non-exempt property. To quote Kris Kristofferson from his ballad “Me and Bobby McGee,” “freedom’s just another word for nothin’ left to lose.” But for many individuals who qualify for Chapter 7 relief in spite of the substantial hurdles imposed by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 (those with incomes below the state median or whose debts are primarily business related), the issue of exemption planning remains important. Attorneys representing clients contemplating bankruptcy must be familiar both with state and federal exemption statutes, and with inconsistent case law, that may limit a debtor’s ability to take full advantage of the protections to which the debtor is entitled.]]> http://webster.utahbar.org/barjournal/2008/03/bankruptcy_exemption_planning.html http://webster.utahbar.org/barjournal/2008/03/bankruptcy_exemption_planning.html Article Mon, 31 Mar 2008 08:57:32 -0700 Dealing with Metadata in the Non-Discovery Context by H. Craig Hall, Jr. I’m not exactly sure how this was done, but rumor has it that lawyers used to practice law without computers. Word processing software, e-mail, spreadsheets, PowerPoint, and the like have become an almost essential part of the professional and personal lives of lawyers and their clients. Such technology can significantly enhance our communication capabilities and efficiency as lawyers. However, potential dangers abound for lawyers. Perhaps one of the most dangerous issues to be aware of is the existence of metadata in electronic documents.]]> http://webster.utahbar.org/barjournal/2008/03/dealing_with_metadata_in_the_n.html http://webster.utahbar.org/barjournal/2008/03/dealing_with_metadata_in_the_n.html Article Mon, 31 Mar 2008 08:35:53 -0700 Interpreting Rules and Constitutional Provisions Remarks by Laura Dupaix, Linda Jones, and Christina Jepson Schmutz Edited by John Bogart Editor’s Note: At the July 2007 Convention of the Utah State Bar, the Appellate Practice Section sponsored a panel discussion on some recent developments and trends in decisions of the Utah appellate courts. The discussion focused on expert testimony and constitutional interpretation. What follows is a summary of the remarks by the panelists.]]> http://webster.utahbar.org/barjournal/2008/03/interpreting_rules_and_constit.html http://webster.utahbar.org/barjournal/2008/03/interpreting_rules_and_constit.html Article Mon, 31 Mar 2008 07:20:59 -0700 Ellis v. Estate of Ellis: The Unequivocal Death of Interspousal Immunity in Utah by Stephen D. Kelson On January 2, 2001, newlyweds Steven and Aimee Ellis were traveling by car on their honeymoon. Near Shelley, Idaho, Mr. Ellis lost control of the vehicle and crossed the center median into oncoming traffic, resulting in a collision with a two-ton Mitsubishi truck. Mr. Ellis died as a result of the accident. Mrs. Ellis was hospitalized with serious injuries, including a severe head injury, numerous broken bones, internal injuries, and emotional trauma. Four years later Mrs. Ellis filed a personal injury action against her husband’s estate for negligence, in the Third District Court, Salt Lake County, State of Utah.1 The Estate brought a motion to dismiss Mrs. Ellis’s claim, in part, asserting that it was barred by the doctrine of interspousal immunity.2 The district court granted the Estate’s motion in part, dismissing Mrs. Ellis’s claim of negligence and concluding with reluctance that interspousal immunity is abrogated in Utah only with respect to intentional torts. Mrs. Ellis appealed the decision.]]> http://webster.utahbar.org/barjournal/2008/03/ellis_v_estate_of_ellis_the_un.html http://webster.utahbar.org/barjournal/2008/03/ellis_v_estate_of_ellis_the_un.html Utah Law Developments Mon, 31 Mar 2008 04:37:27 -0700 Senior Attorneys for Low-Income Litigants by Judge Sam McVey I hope to generate a discussion in the Bar Journal and elsewhere of new ideas addressing an old problem – providing legal representation to litigants who can’t afford attorneys and aren’t among the few who get help from Legal Services, Legal Aid, or attorneys who do pro bono work.]]> http://webster.utahbar.org/barjournal/2008/03/senior_attorneys_for_lowincome.html http://webster.utahbar.org/barjournal/2008/03/senior_attorneys_for_lowincome.html View From The Bench Mon, 31 Mar 2008 04:32:25 -0700 Blind Justice? A Review of Missing Witness by Gordon Campbell Reviewed by Betsy Burton In theory, justice must be blind if it is to be fair; the same may be said of book reviews. If a critic is for some reason prejudiced for or against a book, the resultant review is likely to be biased. That being said, it is best to warn readers at the outset that this review is as far from blind as a review can be since (1) I’m not a critic but a bookseller, (2) I know and like Gordon Campbell, and (3) I feel about Missing Witness like a mother hen might feel about her favorite chick. The good news is that therein lies a tale (although not one I’m going to tell in this review). The bad news is you’re unlikely to hear snide comments, plot quibbles, or literary character assassination from this source – although in fairness there are few reviews in this town or across the nation other than that in the Deseret News (a subject that I suspect had more to do with religion than reality) that were anything but wholly positive.]]> http://webster.utahbar.org/barjournal/2008/03/blind_justice_a_review_of_miss.html http://webster.utahbar.org/barjournal/2008/03/blind_justice_a_review_of_miss.html Book Review Mon, 31 Mar 2008 04:29:02 -0700 Business and Commercial Litigation in Federal Courts, Second Edition Edited by Robert L. Haig Reviewed by Michael D. Zimmerman Commercial litigation is a vast arena. In the course of practice, one is constantly confronted with new issues, often legal but perhaps more often practical. The many tactical and strategic questions that arise are every bit as subtle as any the courts address, and the answers appropriate to a particular situation are far less certain because of the varying and complex factual contexts in which they are encountered. An experienced litigator will have plumbed the depths of a number of substantive areas and will have addressed many practical problems of litigation tactics and strategy. However, no matter how sage, any such lawyer will find this eight volume treatise invaluable for its scope and depth, and for its down to earth practicality. ]]> http://webster.utahbar.org/barjournal/2008/03/business_and_commercial_litiga.html http://webster.utahbar.org/barjournal/2008/03/business_and_commercial_litiga.html Book Review Mon, 31 Mar 2008 04:26:13 -0700 Commission Highlights The Board of Bar Commissioners received the following reports and took the actions indicated during the January 25, 2008 Commission meeting held in Salt Lake City, Utah. 1. The Commission voted to hold the 2011 Annual Convention at a beach location other than the Newport Beach Marriott site.]]> http://webster.utahbar.org/barjournal/2008/03/commission_highlights_11.html http://webster.utahbar.org/barjournal/2008/03/commission_highlights_11.html Utah Bar News Mon, 31 Mar 2008 04:23:02 -0700 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, Utah 84111.]]> http://webster.utahbar.org/barjournal/2008/03/notice_of_legislative_rebate_4.html http://webster.utahbar.org/barjournal/2008/03/notice_of_legislative_rebate_4.html Utah Bar News Mon, 31 Mar 2008 04:16:31 -0700 2007 Utah Bar Journal Cover of the Year Announced The winner of the Utah Bar Journal Cover of the Year award for 2007 is Cristina Pianezzola, of Orem, Utah. Her photo, taken at South Fork in Provo Canyon, was featured on the cover of the September/October issue.]]> http://webster.utahbar.org/barjournal/2008/03/2007_utah_bar_journal_cover_of.html http://webster.utahbar.org/barjournal/2008/03/2007_utah_bar_journal_cover_of.html Utah Bar News Mon, 31 Mar 2008 04:04:02 -0700 Notice of Open Board of Director Position and Notice of Annual Meeting for the Utah Bar Foundation The Utah Bar Foundation is a non profit organization that acts as the collection point for IOLTA (Interest on Lawyers Trust Accounts) funds and distributes those funds for law related education and legal services for the poor and disabled.]]> http://webster.utahbar.org/barjournal/2008/03/notice_of_open_board_of_direct.html http://webster.utahbar.org/barjournal/2008/03/notice_of_open_board_of_direct.html Utah Bar News Mon, 31 Mar 2008 04:02:32 -0700