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October 2008 Archives

October 2, 2008

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires November 19, 2008.

Summary of proposed amendments

Rules Governing the Utah State Bar

Petition to establish a new lawyer training program with all exhibits and proposed rule amendments.

Affected Rules:

USB 14-0402. Definitions. Amend. Exhibit 13.

USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Exhibit 10.

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

October 3, 2008

The Utah State Bar is reaching out to the community

By Rachelle Killpack
KCSG TV

Story Created: Sep 23, 2008
Story Updated: Sep 23, 2008

The Utah State Bar is reaching out to the community It wants to help Utahns who need to hire a lawyer but don't know where to start.

The bar launched a Web site findalawyer.org (www.findautahlawyer.org) to help match attorneys with potential clients.

The Bar president says the directory provides a simple-to-use online listing of participating lawyers and can be searched to match attorneys with a particular legal specialty or situation.
The site has an information section that explains what a lawyer's duties are suggestions for selecting a lawyer and ideas for controlling legal costs.

So far, over six hundred Utah lawyers are taking part in the program.

October e.Bulletin

MESSAGE FROM PRESIDENT NATHAN D. ALDER

Utah State Bar Mentoring Program

nate_alder_color.jpgOn September 30, 2008, the Utah State Bar submitted a petition to the Utah Supreme Court for the creation of a New Lawyer Training Program ("NLTP"). Utah’s NLTP will help train new lawyers during their first year of practice in professionalism, ethics, and civility. The Program will also aid new lawyers in acquiring the practical skills and judgment necessary to practice in a highly competent manner. The NLTP could be effective for successful 2009 February Bar Exam candidates and thereafter would be mandatory. More detailed information will be posted soon on the Bar's website http://www.utahbar.org/nltp/. Detailed information, and the opportunity for public comment on the proposal, is currently available at the Court's website (http://www.utcourts.gov/resources/rules/comments/). If accepted by the Court, the Bench and Bar will call on qualifying Utah attorneys to apply to mentor new lawyers (mentors and new lawyers will receive CLE credit upon successful completion of the program). We strongly encourage Bar members to volunteer as mentors with the NLTP. You can learn more, and sign up to be a mentor, at http://www.utahbar.org/nltp/.

Continue reading "October e.Bulletin" »

October 6, 2008

Utah State Courts Appoints ADR/Mediation Director

Salt Lake City, UT—Nini Rich has been appointed as the new director of the Utah State Court’s alternative dispute resolution programs. In this position, Rich will oversee the court’s mediation and dispute resolution programs as well as a staff of 10.

Continue reading "Utah State Courts Appoints ADR/Mediation Director" »

October 10, 2008

Eighth District Court Implements Schedule Changes

Vernal, UT—The Eighth District Court is implementing a change in court hours to better serve residents in Duchesne, Roosevelt, and Vernal. The Eighth Judicial District includes Daggett, Duchesne, and Uintah counties.

Continue reading "Eighth District Court Implements Schedule Changes" »

October 20, 2008

Utah State Bar Mentoring Program

New Lawyer Training Program Summary

The Utah Supreme Court has approved a New Lawyer Training Program ("NLTP"). This program requires that all new lawyers coming out of law school and passing the Bar Exam and all newer lawyers who have practiced for less than two years and have moved to Utah to practice law must now be matched with an approved volunteer lawyer/mentor to participate one-on-one in a set of required activities and experiences over the first year of their practice in Utah. Mentors will be approved by the Supreme Court's Advisory Committee on Professionalism and must have at least seven years of practice, no Bar discipline and if they are in private practice they must have malpractice insurance.

The Bar is administering this program for the Court and is calling upon the best and the brightest in the profession to volunteer and help show new lawyers the way to success, competence and professionalism. Mentors will receive 12 hours of CLE credit per year for their participation.

The goals of the program are to train new lawyers during their first year of practice in professionalism, ethics, and civility; to assist new lawyers in acquiring the practical skills and judgment necessary to practice in a highly competent manner; and to provide a means for all Utah attorneys to learn the importance of organizational mentoring, including the building of developmental networks and long-term, multiple mentoring relationships.

How the NLTP Works

  • Students graduate and newer lawyers move to Utah to practice, pass the Bar Exam enroll in the Program. (Or they request a deferral if they will not be practicing or will be clerking for a judge or a waiver if they have practiced more than two years.)
  • New lawyers will need to be matched with a new lawyer inside or outside their firms or organizations or by the Bar or they be will assigned to a group for "circle" mentoring seminars if a mentor cannot be located nearby. If a requested mentor has not yet been approved, he or she must submit a volunteer form and be approved.
  • New lawyers will submit a proposed Mentoring Plan. The plan may follow the suggested Model Plan or have similar activities and exercises for approval.
  • New lawyers will submit quarterly reports on their progress.
  • New lawyers will complete their plan with their mentor over a one-year period and confirm completion to be certified by the Bar for re-licensure. (Those admitted to the Bar in February and May Bar will begin the program in June. Those admitted to the Bar in October will begin the program in January.)
  • History of New Lawyer Training

    There have historically been concerns with: (1) the difficulties new lawyers face when leaving the academic environment of law school and entering the practical demands of law practice; (2) increasing perceptions of an erosion of professionalism and civility as the bar has grown over the years and lawyers have become less familiar with one another and; (3) increasing numbers of younger lawyers leaving the profession due to growing dissatisfaction with their environment and law practice and balancing the demands of life.

    These issues had been dealt with previously through specific New Lawyer Continuing Legal Education seminars; the Utah Standards on Professionalism and Civility, required professionalism CLE, and the Court's committee on professionalism. After the presentation of a paper to the Utah Supreme Court, comparing legal education in the United Kingdom and the United States, written by Supreme Court Justice Antonin Scalia, 10th Circuit Judge Deanell Tacha and Alan Sullivan, Chief Justice Durham asked the Bar to study the benefits and possibility of establishing a mentoring program. The Bar Commission appointed a committee chaired by Rod Snow and Margaret Plane which studied other current approaches to mentoring, particularly a mandatory mentoring program in Georgia; a volunteer program in Ohio and a 6 month preceptorship program in Delaware.

    The Committee and the Bar Commission concluded that a mentoring program would be a very beneficial way to help resolve historic issues with the transition into the practice of law and to promote appropriate goals, and that the program should incorporate specific sets of activities and experiences for the new lawyer under the tutelage of an approved mentor for one year of the two year NLCLE requirements.

    More Information and Answers to Frequently Asked Questions

  • The cost to the new lawyer is $150 at enrollment and $150 at certification.

  • The Bar needs over 500 volunteer mentors each year.

  • We suggest the mentor and new lawyer spend two hours per month together.

  • Mentors will receive 12 of CLE credit per year for their participation.

  • Mentoring activities/time may be split among mentors and CLE pro rated.

  • Mentoring relationships are consensual and will be changed upon request.

  • "Circle" (or Group) Mentoring will be available as needed.

  • Mentors will need to attend an orientation session or view the orientation video.

  • "Outside" mentoring is not designed to create any business relationships. New lawyers and mentors are not to co-counsel together on cases or engage in specific work together for clients. Outside mentors will not render professional advice for the new lawyer's clients. All discussions must be limited to hypothetical situations. Cases are not to be referred.

  • Some law school activities may qualify upon approval for limited credit.

  • The program discourages inside mentoring by lawyers directly supervising new lawyers.

  • A Mentor Training and Resource Committee will be available to assist mentors.
  • The Orientation Manual, Model Mentoring Plan, Mentoring Timeline, Initial Meeting Guide and the Supreme Court Rules establishing the program are available at www.utahbar.org/nltp/. For more information contact NLTP Administrator at mentoring@utahbar.org or 801-297-7026.

    State Bar Leaders Urge Presidential Candidates to Act on Civil Justice Issues

    State Bar Leaders Urge Presidential Candidates to Act on Civil Justice Issues

    Letter, Signed by More Than 30 Bar Presidents from Across the Nation, Sent to Presidential Candidates

    PDF Version

    ALBANY, NY (10/20/2008; 1243)(readMedia)-- State bar presidents from across the country have joined together, calling on presidential candidates John McCain and Barack Obama to address a number of critical legal issues and policy topics confronting the nation during their respective bids for the White House. Signed by the leaders of 33 state bar associations, a letter focusing on substantive legal issues and challenges that lawyers, citizens and state bar presidents confront on a daily basis was sent to each candidate's campaign staff. The letter emanated from a summit recently convened by New York State Bar Association President Bernice K. Leber (Arent Fox LLP) in New York City.

    Continue reading "State Bar Leaders Urge Presidential Candidates to Act on Civil Justice Issues" »

    October 22, 2008

    Nominees Announced for Second District Juvenile Court Vacancy

    Ogden, UT--The Second District Judicial Nominating Commission has selected five nominees for a vacancy in the Second District Juvenile Court. The position will replace Judge Diane Wilkins who has announced her retirement effective Nov. 16, 2008. The Second Judicial District is comprised of Davis, Morgan, and Weber counties.

    Continue reading "Nominees Announced for Second District Juvenile Court Vacancy" »

    Chief Justice Christine Durham receives 2008 Transparent Courthouse™ Award from National Civil Justice Reform Organization

    DENVER, COLO. - On October 22, Utah Supreme Court Chief Justice Christine M. Durham will be honored with the Institute for the Advancement of the American Legal System’s (IAALS) 2008 Transparent Courthouse™ Award.

    Continue reading "Chief Justice Christine Durham receives 2008 Transparent Courthouse™ Award from National Civil Justice Reform Organization" »

    Deseret News - Utah AG urges 'civility'

    Utah AG urges 'civility'
    Published: October 22, 2008
    http://deseretnews.com/article/1,5143,705257242,00.html

    In a world that's becoming increasingly partisan and coarse, Utah Attorney General Mark Shurtleff is urging his colleagues to be civil.

    Shurtleff is joining Utah Supreme Court justices, members of the Utah State Bar, the Salt Lake Interfaith Roundtable, Gov. Jon Huntsman Jr. and Lt. Gov. Gary Herbert in signing a pledge to be civil. They will put pen to paper and sign the rules during the annual Dialogue on Democracy dinner at the Little America on Thursday night.

    "We can disagree without being disagreeable and engage in spirited public debates without scaring everyone away from public service," Shurtleff said in a statement.

    The pledge declares that it is not an appeal for everyone to "get along." Spirited debate is still welcome, but sniping is not. The pledge sets rules that include remembering the rights and dignity of each individual, respecting others, refraining from incivility and rekindling community building.

    No word if members of the often-cantankerous Utah State Legislature plan to sign it.

    — Ben Winslow

    October 29, 2008

    Nominees Announced for Second District Court Vacancy

    Ogden, UT--The Second District Judicial Nominating Commission has selected five nominees for a vacancy in the Second District Court. The position will replace Judge Roger Dutson who has announced his retirement effective Dec. 31, 2008. The Second Judicial District is comprised of Davis, Morgan, and Weber counties.

    Continue reading "Nominees Announced for Second District Court Vacancy" »

    October 30, 2008

    Notice of Proposed Amendments to Utah Court Rules: CJC, CJA

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires December 18, 2008.

    Summary of proposed amendments

    Code of Judicial Conduct

    CJC Canons. Amend. The Utah Supreme Court is considering wholesale changes to the Utah Code of Judicial Conduct. The changes are based on the new ABA Model Code of Judicial Conduct, which was issued in 2007. The ABA Model Code is based on the previous Model Code, but the format is different and there are many new and deleted provisions. The draft document shows the variations from the 2007 Model Code that Utah is considering.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules: CJC, CJA" »

    About October 2008

    This page contains all entries posted to Utah State Bar News & Announcements in October 2008. They are listed from oldest to newest.

    September 2008 is the previous archive.

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