Vol. 21 No. 6 Nov/Dec 2008
Vol. 21 No. 6 Nov/Dec 2008
Vol. 21 No. 6 Nov/Dec 2008
Dear Editor,
Thank you, UBJ, for publishing Eric K. Johnson’s “Open letter to the Newly Established Utah Supreme Court Professionalism Counseling Program Board” (Sept/Oct.2008). This piece is a refreshing alternative voice for those of us who are already regulated to death and don’t feel the need for still another layer of micromanagement and regulation of our practices. Eric’s counterpoint, like Alexander Pope’s “wit,” contains views “oft thought, but ne’er so well expressed.”
Dear Editor,
In the most recent Utah Bar Journal, Eric K. Johnson wrote a letter to the newly-established Utah Supreme Court Professionalism Counseling Program Board. The law firm Smart, Schofield, Shorter & Lunceford wishes to make it known that the opinions expressed in the letter are not a reflection of the attitude and position of our firm. This letter was published without the knowledge or consent of the shareholders. Our firm supports the efforts to improve the civility and professionalism of attorneys toward each other.
Very truly yours,
Smart, Schofield, Shorter & Lunceford Shareholders
The Bar is Looking for a Few Good Mentors Actually, We Need Hundreds of You to Step Forward
by Nathan D. Alder
On September 30, 2008, the Bar petitioned the Utah Supreme Court to replace the first year of mandatory New Lawyer Continuing Legal Education (“NLCLE”) with a one-on-one mentoring program called the New Lawyer Training Program (“NLTP”). While we await the Supreme Court’s final action on the petition, as well as Bar members’ comments, the Court has endorsed the mentoring concept and approved the Bar’s recruitment of mentors. Many new lawyers indicate that they do not feel well-prepared for the practical aspects of practicing law. And, adequate on-the-job training too often is subordinated to billable hours and business pressure. The new program matches a newly-admitted lawyer with an experienced attorney to help the new lawyer acquire the practical skills and judgment necessary to practice in a highly competent manner. The mentor can also help the new lawyer to better understand ethical and professional requirements and constraints and to develop networking and long-term relationships within the profession.
Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?
by R. Spencer Macdonald
Although the response to the question in the title of this note may seem obvious, attorneys in Utah may be surprised to learn that several district courts have concluded that the Wrongful Liens and Wrongful Judgment Liens Statute, (the Wrongful Lien Statute), see Utah Code Ann. § 38-9-1 to -7 (2005), categorically does not apply to mechanics’ liens. However, recent developments on this issue have demonstrated that the Wrongful Lien Statute can, in fact, apply to mechanics’ liens (and other types of liens) in some circumstances.
Continue reading "Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?" »
Unbundled in Utah
by Virginia Sudbury
There are certain keys to a better life; among them world peace, the Cubs in the World Series (next year!), and, of course, accessible legal services. Few things are more keenly needed than the latter, and often at cruelly unexpected times. I am an attorney who believes passionately in public interest law, and yet I want to eat relatively well. I want a way to engage in the private practice of law while wearing public interest clothes. Practicing “unbundled” law is providing me that satisfaction.
A Notary Primer for Utah Attorneys
by Scott M. Ellsworth
We all know the frustration of having a notary form attached to a document that innocently asserts that the document was signed in front of a notary when in fact it has already been signed and all that’s needed is an acknowledgement. Few people are even sufficiently into notarial minutiae to distinguish among jurats, acknowledgements, copy certifications, and pronotarial oaths (and, of course, such people could, with some justification, reply “that’s what attorneys are for”). The problem is, however, that chapter 46-1 of the Utah Code (the Notaries Public Reform Act) just doesn’t come up all that often, and we can hardly expect our assistants and paralegals to comprehend the ins and outs of notarial verification (at least, not without some training) unless they themselves are notaries. And even notaries are often unaware of which kind of document requires what kind of certificate.
The Spider to the Fly
by Just Learned Ham
I have a confession to make. I am an in-house lawyer, and I’ve been one for a long time. I am the reason your clients no longer think of you as a trusted advisor, but just another cost in need of control (well, that plus your $450 billing rate – for that kind of money, shouldn’t you at least offer to wash my windshield?). It’s my fault your bills have those incomprehensible matter numbers. If it’s any comfort, those numbers don’t mean anything to me, either. The whole point is so you, and my CEO, will think I’m watching you (that’s the kind of thing we talk about at those corporate counsel CLE’s in the Lesser Antilles). And I still get to tell people I practice law (and no, I don’t feel bad saying that – Jim Matheson still gets to call himself a Democrat, doesn’t he?).
Utah Legislative History Research Tips
by Mari Cheney
Researching legislative history can be daunting. It is often a multimedia experience that includes print, online, and audio resources. You may have to visit more than one place, including your law library, the Archives, and Capitol Hill. A renumbered code section can complicate your research. And sometimes you will go through the entire process and have no more insight into what the legislature’s intent was than when you started.
Don’t be discouraged. Here are some tips to help you through the process.
Legislative Update: Senate Bill 83 “Check Cashing and Deferred Deposit Lending Registration Act”
by Jill O. Jasperson
Senate Bill 83 modified what was known as the Check Cashing Registration Act to the more correct title of Check Cashing and Deferred Deposit Lending Registration Act (the Act). It was sponsored by legislator Karen Mayne and approved by the governor on March 14, 2008. The Act went into effect May 5, 2008. The bill makes technical and conformation amendments to the Utah Code, found mainly in Title 7. In part, the bill was a housekeeping effort to add the words “deferred deposit lender” or “deferred deposit lending” alongside the words “check casher” already used in other parts of the code. The bill was considered a compromise between legislators and consumer advocates in trying to establish further regulation of check cashers and deferred deposit lenders.
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