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September 2004 Archives

September 8, 2004

e.Bulletin September 2004

e.Bulletin September 2004

What Utah Judges Really Think about Daubert - Nov. 5, 2004
Casemaker Update
Award Nominations Sought for 2004 Fall Forum
Governmental Entity Database Now Available
New CyberLaw Section Forms


Fall Forum Approaching - October 22, 2004
Following on last year's first annual Fall Forum, the 2004 Forum is shaping up to be even better. If you want to; build your practice, become more efficient, make better use of technology and enjoy your practice more, you should attend this event. The keynote this year is Jim Calloway, the Chair of ABA TechShow 2005. In addition, there is a host of other excellent presenters and exhibitors demonstrating the latest in law office services and technology. To learn more and sign up for the Fall Forum go to www.utahbar.org/cle/events/Fall_Forum_final.pdf.

What Utah Judges Really Think about Daubert - Nov. 5, 2004
Listen in on the deliberations of a panel of noted Utah judges as they discuss whether expert opinions are admissible under the standards of Daubert v. Merrell Dow Pharmaceuticals. The panel will consist of Federal court Chief Judge Dee Benson and Judge Paul Cassell along with Judge Deno Himonas from the Third District Court. The keynote luncheon speaker will be Stephen Calkins, Professor of Law, Wayne State University, noted antitrust scholar and former General Counsel, Federal Trade Commission. To sign up for this program, go to www.utahbar.org/cle/events/html/cle_events_9.html or call 801.297.7033

Casemaker Update
Training: The Bar has scheduled several Casemaker training sessions for the Fall for any Member who wants to attend. The sessions are free and provide one hour of CLE credit. The first two sessions are set for September 14, and October 12, 2004. These will start at 12:00 noon at the Law & Justice Center and last for an hour. To sign up, please send an e-mail to Casemaker@utahbar.org. For a description of Casemaker, check out www.utahbar.org/news/casemaker.html.

More States Join Casemaker: Earlier this month, the Colorado and Mississippi Bars signed on with the Casemaker Consortium. This brings the total to 19 member state bars, which means Utah Bar members will have free access to even more legal research content.

Award Nominations Sought for 2004 Fall Forum
The Board of Bar Commissioners is seeking nominations for the 2004 Fall Forum Awards; Distinguished Community Member of the Year, Pro Bono Lawyer of the Year and Professionalism Award. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nomination must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111 no later than September 24, 2004.

Governmental Entity Database Now Available
The Division of Corporations and Commercial Code now has available an online listing of governmental entities in Utah. This list provides the name and address of the governmental entity, the office or agent designated to receive notice of a claim, and the address at which it is to be directed and delivered. This single location for these types of entities will be of benefit to many lawyers. To view and search this list, go to http://goventities.commerce.utah.gov.

New CyberLaw Section Forms
A new practice section of the Bar is forming. The CyberLaw Section will address emerging areas of law focused on e-commerce, Web IP issues and other legal issues arising out of new technologies. If you are interested in joining this section or finding out more about it, please contact John Rees at jhrees@cnmlaw.com or 801.530.7388.

September 9, 2004

NOTICE APPOINTING TRUSTEE TO PROTECT THE INTERESTS OF THE CLIENTS OF THE LATE D. RICHARD SMITH

NOTICE APPOINTING TRUSTEE TO PROTECT THE INTERESTS OF THE CLIENTS OF THE LATE D. RICHARD SMITH

On August 3, 2004, the Honorable Frank G. Noel, Third Judicial District Court, entered an Order Appointing Trustee to Protect the Interests of the Clients of D. Richard Smith. Pursuant to Rule 27 of the Rules of Lawyer Discipline and Disability, Roy D. Cole is appointed as trustee to take control of client files and other property that was in Mr. Smith’s possession, and distribute them to the clients.

PROBATION

PROBATION

On August 3, 2004, the Honorable J. Dennis Frederick, Third Judicial District Court entered an Order of Discipline: Probation, placing Annalisa A. Steggell on probation for a period of one year. The Office of Professional Conduct (“OPC”) alleged violations of Rules 4.3(b) (Dealing with Unrepresented Party), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:

Ms. Steggell represented a client in a divorce case. The client’s spouse claimed that Ms. Steggell represented that she was a neutral party who would act as a mediator during the divorce proceedings and made no effort to correct the spouse’s misunderstanding. The spouse was unrepresented. Ms. Steggell failed to respond to the OPC’s reasonable requests for information or attend the Utah Supreme Court’s Ethics and Discipline Committee’s Screening Panel Hearing.

PUBLIC REPRIMAND

PUBLIC REPRIMAND

On August 10, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court publicly reprimanded Brent R. Chipman for violation of Rules 1.3 (Diligence), 1.5(b) (Fees), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:

Mr. Chipman was retained to represent a client in a divorce case. Mr. Chipman did not communicate the rate or basis of his fee in writing to the client. Mr. Chipman agreed to prepare a Qualified Domestic Relations Order (“QDRO”) for the client. Mr. Chipman failed to complete the QDRO despite numerous requests from the client over a two year period to complete the work.

SUSPENSION

SUSPENSION

On August 10, 2004, the Honorable Anthony Quinn, Third Judicial District Court entered an Order of Suspension: Six Months and One Day Suspension, suspending Sheryl L. Gardner Bunker from the practice of law for violation of Rules 1.1 (Competence), 1.7(a) (Conflict of Interest: General Rule), 3.3(d) (Candor Toward the Tribunal), 3.4 (Fairness to Opposing Party and Counsel), 3.7 (Lawyer as a Witness), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.

In summary:

Ms. Bunker answered questions about divorce, court procedures, and the legal process posed by both parties in a divorce proceeding. She also gave both parties copies of Utah laws dealing with divorce. After the divorce case had been initiated, the district court disqualified Ms. Bunker from appearing as counsel for one of the parties because Ms. Bunker was a witness on substantive issues. Ms. Bunker continued to assist one of the parties by helping type pleadings, lending forms and sample pleadings, and discussing legal options and procedures.

In the same case, Ms. Bunker later filed a Motion for Protective Order and for Attorney Fees on behalf of two officers of one of her corporate clients. Ms. Bunker did not consult with and obtain a written waiver of conflicts of interest from the relevant parties. The Motion for Protective Order concerned depositions sought by one of the parties to the divorce. In connection with the motion, Ms. Bunker assisted one of the officers in blacking out relevant portions of documentary evidence and filed it with an affidavit in support of the motion. Although Ms. Bunker attempted to serve notice of the motion on opposing counsel, service was not successful. The presiding judge for the district court heard Ms. Bunker’s Motion for Protective Order in the absence of the judge assigned to the case. Ms. Bunker did not inform the presiding judge what information had been blacked out in the redacted documentary evidence when she obtained an ex parte order from the judge vacating the witnesses' scheduled deposition.

About September 2004

This page contains all entries posted to Utah State Bar News & Announcements in September 2004. They are listed from oldest to newest.

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