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2008 Utah Bar Journal cover of the year

The winner of the Utah Bar Journal Cover of the Year award for 2008 is Brett Johnson of Salt Lake City. His photo of snow on the La Sal mountains, taken in Canyonlands, Utah, was featured on the cover of our November/December issue.

PDF archive

2010 Utah Bar Journal & Articles back to top
January / February
	President’s Message: Don’t Tax Justice Articles: The Slope of Utah Ski Law 10 The Utah Minority Bar Association and Ripples of Hope Ethical Conundrum? Try Asking the Ethics Advisory Opinion Committee Utah Law Developments: A Plaintiff Attorney’s View of Sorenson v. Barbuto Should Utah Lawyers Stop Forming Utah LLCs? Online Judicial Performance Evaluation Survey: Why You Shouldn’t be Afraid The Not-So-Secret Crucible of Bankruptcy Book Review: Samurai Lawyer State Bar News Young Lawyer Division: Tuesday Night Bar: A Model Pro Bono Program Paralegal Division: UDVC, Not Just Another Abbreviation
March / April
	Letters to the Editor President-Elect & Bar Commission Candidates President’s Message: Helping Unemployed/Underemployed Lawyers Articles: Domestic Asset Protection Trusts: A Comparison of the Laws of Utah and Wyoming Alternative Dispute Resolution Procedures with IRS Appeals Attorney Volunteers in Court Services for Attorneys at the Utah State Law Library Evaluating Judicial Performance: 28 How Judges Can Earn High Marks Even
May / June
	President’s Message: The Dreaded Letter from OPC 8 Articles: Advising Your Clients (and You!) Utah Law Developments: So Now What is My Deadline? Timing Changes to the Federal Rules Book Review: The Guantánamo Lawyers Edited by Mark P. Denbeaux and Jonathan Hafetz State Bar News Young Lawyer Division: Upcoming Events Paralegal Division: The Law School Dilemma
July / August
	Letters to the Editor President’s Message Articles Utah Standards of Appellate Review Damages Resulting From a Lost Opportunity Views From the Bench Book Review: State Bar News Paralegal Division
2009 Utah Bar Journal & Articles back to top
January / February
	President’s Message: Challenging Times The Irrevocable Life Insurance Trust: An Underutilized Tool On Beyond GRAMA and the Open Meetings Act – The Proposal for Greater Transparency, Openness, and Inclusion in Salt Lake City Government Workers’ Compensation & Liability Lawyers Beware: Section 111 of the MMSEA Imposes Significant New Penalties for Failing to Protect Medicare’s Interests Researching and Using Utah Appellate Briefs and Other Appellate Resources Lawyers are Needed to Clean up Wall Street’s Mess and Rebuild the Economy Book Review: Cultural Issues in Criminal Defense – 2nd Edition, Linda Friedman Ramirez, Editor Paralegal Division: Salary Survey 2008: Highlights and Analysis
March / April
	President-Elect & Bar Commission Candidates President's Message: Change President Elect's Message: Group Health Insurance Options Recent Changes to Federal Employment Laws Will Affect Utah Companies: Examining the ADA Amendments and New FMLA Regulations Living With Twombly Utah's Justice Court System, a Legal Charade Got Trade Secrets? No? Guess Again ERISA and Plan Administrator Conflicts - Analysis and Best Practices of the U.S. Supreme Court's Decision in Glenn Researching Utah Administrative Law UPDATE: Workers' Compensation & Liability Lawyers Beware: Section 111 of the MMSEA Imposes Significant New Penalties for Failing to Protect Medicare's Interests State Bar News (Attorney Discipline)
May / June
	Letters to the Editor President's Message: Engage in Mentoring Judging the Judges Looking at the Stars: Why Being a Lawyer Matters Are Medical Records Now Off Limits? An Examination of Sorenson v. Barbuto Do Insurance Companies Buy Insurance? Serving the Client Who Is Deaf Small Claims Mediation: Thoughts for Practitioners Web 2.0 Tools for Utah Attorneys Enforcing Civility in an Uncivilized World State Bar News: Attorney Discipline Paralegal Division: Pay It Forward: Community Service Opportunities in the Paralegal Division
July / August
	President's Message: Looking Back, Looking Forward Family v. Institution - Advising Clients on the Selection of a Successor Trustee Utah Law Developments - Decisions from the Utah Court of Appeals, 2008 Judge David K. Winder: A Model Mentor and Judge Twenty Years of Bar Operations Never Litigate as a Matter of Principle - Unless, of Course, You're Being Accused of Speeding on a Bicycle In Defense of the Collection Lawyer Preparing for Future Development: Government Entities and Developers Should Take Time to Solve Problems that Arose During the Recent Market Boom Utah Law Developments: Noteworthy Laws Passed During the 2009 Legislative Session State Bar News: Attorney Discipline Young Lawyer Division: Thank You to the 2008-2009 Young Lawyer Division Executive Council Paralegal Division: 20th Anniversary of Paralegals' Day - Recipient of Utah's 2009 Distinguished Paralegal of the Year Award
September/October
	President's Message: Protection the Critical Role of our Fair and Impartial Courts Judicial Independence and Civics Education by Sandra Day O'Connor Utah Law Developments: Summary of Significant Utah Supreme Court Cases 2008-2009 by Justice Ronald E. Nehring Should We Put the Death Penalty on the Chopping Block? by Ralph Dellapiana Analyzing Mechanics' Lien Claims: A Few Suggestions by Spencer Macdonald Utah LLCs vs. Other State LLCs: When Should Attorneys Consider Forming LLCs Outside Utah? by Justin J. Atwater and Russell K. Smith Before the Utah Bar Journal by Mari Cheney State Bar News Young Lawyer Division: Young Lawyer Division Celebrates Pro Bono Opportunities Paralegal Division: Propagating Paralegal Punditry by Aaron L. Thompson
November/December
	President’s Message: Welcoming 320 New Lawyers Into Our Fold: A Force of 10,000 Problem Preventers and Solvers by Stephen W. Owens Articles: Maintaining Good Client Communication: An Ethical Responsibility and Practical Imperative by Aaron Bartholomew and Carolyn E. Howard Metadata Minefield, Utah Rules by Steven L. Nichols Father of the Bride by Rev. Learned Ham Indigent Defense in Utah: Constitutionally Adequate? by Marina Lowe Warning: Your Name Might Be Listed Here by Joanne C. Slotnik Researching the Servicemembers Civil Relief Act by Mari Cheney State Bar News Paralegal Division: 2009–2010 Paralegal Division Board of Directors by Aaron L. Thompson
2008 Utah Bar Journal & Articles back to top
January / February
	President's Message: Lawyer Assistance in Utah - Let Us Help A Friend in Need What to Expect When You Call Lawyers Helping Lawyers LHL: Reflecting the Principles of the ABA Model Why Are So Many Lawyers Depressed? "Ain't Stress Grand?" A Sober Look Back Stress in Practicing Law and How to Minimize it from the Perspective of a Family Law Practitioner Lessons from Recent Utah Legal Malpractice Cases Stress Management for New Lawyers, Or "You Can Do It!" My Mentors Reducing Stress Book Review: The 4-Hour Workweek: Escape 9-5, Live Anywhere, and Join the New Rich by Timothy Ferriss Book Review: Law & Mental Health Professionals - Utah by Leslie Pickering Francis and Linda F. Smith Paralegal Division: Medical Expert Testimony: A View From the Utah Supreme Court
March / April
	President-Elect and Bar Commission Candidates 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
May / June
	President-Elect and Bar Commission Candidates Utah Supreme Court Establishes Professionalism Counseling Program Well, What Did You Expect? The Utah Supreme Court Discusses "Accidents" Going Green in a Red State Utah Law Developments: 2007 Case Summaries Young Lawyers Division: Wills for Heroes - Providing Valuable Community Service to First Responders Paralegal Division: Notary Public Issues
July / August
	President's Message: Giving Generously Drawing the Short Straw - Mortgage Fraud and Straw Buyers The Commercial Loan Guaranty - Types & Techniques An Enigmatic Degree of Medical Certainty Winning Arguments Supporting the "Made Whole" Doctrine Utah Law Developments: Skeptics at the Gate - The 2007 Revisions to Rule 702, Utah Rules of Evidence Utah Law Developments: Highlights from the 2008 Legislative Session Book Review: No One Makes it Alone by Andrew A. Valdez Book Review: With Hope Across America, A Father-Daughter Journey by Bob Braithwaite Paralegal Division: Congratulations Deb Calegory: Recipient of Utah's 2008 Distinguished Paralegal of the Year Award Paralegal Division: Making a Difference in the Legal Profession and the Community
September / October
	President’s Message: Professional Relationships by Nathan D. Alder Riding High With Your Mediator: The Do’s and Don’ts of Effective Mediation Advocacy by Tracy L. Allen ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry by Loren M. Lambert A Primer on the National Vaccine Injury Compensation Program by Christopher J. Rogers An Open Letter to the Newly Established Utah Supreme Court Professionalism Counseling Program Board by Eric K. Johnson John Hill, Public Defenders’ Long-Time Leader, Retires Views from the Bench: Report from 7500 Feet by Justice Michael J. Wilkins Views from the Bench: Statements of Material Fact: Increasing Effectiveness and Avoiding Pitfalls by Judge Anthony B. Quinn and Joanna E. Miller Book Review: Convictions: A Prosecutor’s Battles Against Mafia Killers, Drug Kingpins, and Enron Thieves by John Kroger Reviewed by Ralph Dellapiana Book Review: How to Build and Manage an Estates Practice, Second Edition by Daniel B. Evans, Esq. Reviewed by Nathan C. Croxford and Andrew L. Howell Paralegal Division: Introducing the Paralegal Division’s New Officers and Directors for 2008-09 by Julie L. Eriksson, Chair
November / December
	President’s Message: The Bar is Looking for a Few Good Mentors by Nathan D. Alder Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens? by R. Spencer Macdonald Utah Law Developments: Unbundled in Utah by Virginia Sudbury Utah Law Developments: A Notary Primer for Utah Attorneys by Scott M. Ellsworth The Spider to the Fly by Just Learned Ham Utah Legislative History Research Tips by Mari Cheney Utah Law Developments: Legislative Update: Senate Bill “Check Cashing and Deferred Deposit Lending Registration Act” by Jill O. Jasperson Paralegal Division: When Witnesses Attack: Dealing With Third-Party Harassment and Threats
2007 Utah Bar Journal & Articles back to top
January / February
	President's Message: A Mid-Term Report Blind Guides: The Difficult Task of Comprehending the Law Going Dark - An Alternative to Sarbanes-Oxley Compliance Keep Dreaming Attorney Fee Discrimination for Solo Practitioners? Going to Court in Babylon A Precious Birthright or Federal Porridge: Which Should Utah Lawyers Choose? Electronic Filing in Federal Court: Where are We Now? Utah Law Developments: The Paperless Deposition Standards of Professionalism and Civility: Standard 19 Views from the Bench: Judge Disqualification Rules in Action The Young Lawyer: The Young Lawyer Division in 2007 Paralegal Division: Nonlawyers Help Keep Lawyers out of the "Discipline Corner"
March / April
	President's Message: Access to Justice - We Are Not There Yet President-Elect & Bar Commission Candidates Veni, Vidi, Vici: The Brave New World of E-Discovery Net Operating Losses: Preserving What You Never Wanted in the First Place When Lawyers Become Pre-Law Advisors The Rapid Evolution of Climate Change Law The Justice Gap: The Unmet Legal Needs of Law-Income Utahns Practicing to Practice: Scholastic Debate as Law-Related Education Review: Sundance 2007 Standards of Professionalism and Civility: Standard #10 Paralegal Division: What Is Paralegal Work? - The Utah Supreme Court Offers a Three-Pronged Test
May / June
	President's Message: Make a Difference, Be a Mentor The Utah Court of Appeals - Twenty Years Later BYU Alumni Women's Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers Utah Law Developments: Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings Utah's Parental Involvement Law: Minors' Access to Abortion Laying the Foundation How to Advise Employers on Immigration Issues Mediation Confidentiality and Enforceable Settlements: Deal or No Deal? The Strength is in the Research Update: The Utah State Law Library Standard #1 - Principles that Span the Generations Beyond Civility for Paralegals
July / August
	President's Message: A Few Parting Thoughts Advance Health Care Planning in Utah Utah Law Developments: Noteworthy Laws Passed During the 2007 Legislative Session When Does a Skier Become a Trespasser? Unsworn Declarations in Lieu of Affidavits: Increasing Efficiency of Practice Under the Utah Rules of Criminal and Civil Procedure and the Utah Rules of Evidence Synopsis of Recent Criminal Case Law Pertaining to Fourth Amendment Issues and Incredible Evidence Juvenile Defense in Utah Arbitration - In Trouble Again? Book Review: Thunder Over Zion: The Life of Chief Judge Willis W. Ritter by Parker Nielson and Patricia Cowley Utah Bar Foundation: The Utah Supreme Court IOLTA Program Announces 2007-2008 Grant Awards Standard #5: Proceed With Caution in Seeking Sanctions The Paralegal Division Supports Access to Justice and Recognizes its Distinguished Paralegal of the Year
September / October
	President's Message: Greetings Ten Ways the Bar Can Be Improved An Open Discussion of 10 Ways The Supreme Court Decision in Twombly: a New Federal Pleading Standard? Implementing Flat Fees in Your Practice WiFi in Utah: Legal & Social Issues Book Review: Later in Life Lawyers: Tips for the Non Traditional Law Student The Paralegal Division: Introducing the Paralegal Division's New Officers 7 Directors for 2007-2008
November / December
	President's Message: Professinally Insured...To Be or Not To Be The Diversin Process in Disciplinary Cases: Utah Rule 14-533 The First Decade: The Consumer Assistance Program Has Proven Itself to Be a Valuable Program Helping Our Clients Tell the Truth: Rule of Professional Conduct 2.1 in Criminal Cases SEC Recievers: What Are They and What Do They Do Utah Control Shares Acquisitions Act Book Review: The Ministry of Special Cases The Young Lawyer: The Young Lawyers Division Update The Paralegal Division: The How To Guide for Membership in the Paralegal Division: What Are the Requirements and Career Benefits of Membership?
2006 Utah Bar Journal & Articles back to top
January / February
	Update on the 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
March / April
	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 Lawyer Division: 2005 Year in Review - Looking Ahead to 2006 Paralegal Division: The "How to Guide" for Membership in the Paralegal Division
May / June
	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 Paralegal Division: Message from the Chair
July / August
	Violence Against the Utah Legal Profession - a Statewide Survey Separating Powers: 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
September / October
	Mr. Gray Goes to Washington Why Lawyers Matter Tax Matters: Statute of Limitation 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
75th Anniversary Special Issue
	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!
November / December
	President's Message: Civility, the Hallmark of our Profession Promoting the Standards of Professionalism and Civility Utah Standards of Professionalism and Civility Honest Lawyers Make Good Lawyers Thoughts on Ethics and Civility in the Legal Profession Enforcing the Standards of Professionalism and Civility Civility and Chivalry Need Help on Professionalism Training in Your Office? Call Us. Civility in the Practice of Law: A Young Lawyer's Perspective A Professionalism Quiz: How Does Your Conduct Measure Up? Views from the Bench: What I Know Now that I Wish I Had Known When I Was Practicing Paralegal Division: Civility for Paralegals
2005 Utah Bar Journal & Articles back to top
January / February
	Managing Pandora's Box: Recognizing and Handling the Privacy Risks Associated with Electronic Access to Court Records Justice Courts - the People's Court Improving our Profession, and Theirs, Too, I Guess Standards of Professionalism & Civility: Standard 18 - Deposition Conduct The Young Lawyer: Young Lawyers Continue in Their Commitment to the Community Paralegal Division: Mentoring Legal Professionals
March / April
	President's Message: Dear Bar Members: Bar Commission Candidates Take the Oath, it Doesn't Matter Anyway Practice Pointer: Common Misconceptions About the Office of Professional Conduct and the Disciplinary Process New Highways Under an Old Law? R.S. 2477 and its Implications for the Future of Utah's Federal Public Lands Valuing Intangible Assets in Bankruptcy Cases The High Court in Cyberspace: A Preview of MGM Studios v. Grokster Views from the Bench: Speaking Objections Standards of Professionalism & Civility: Standard 2 - Civility, Courtesy and Fairness Paralegal Division: Pilot Electronic Filing of Debt Collection Complaints
May / June
	Why Don't They Like Us? Why Don't They Respect Us? Standards for Standards' Sake: Questioning the Standards of Professionalism and Civility Outsourcing - for Easy, Effective Data Protection Some Thoughts Concerning Trustee Selection Utah Law Developments: New Laws Every Lawyer Should Know Standards of Professionalism & Civility: Standard 11 - Ex Parte Communications Paralegal Division: Paperless? Hah! Less Paper - Absolutely Basic Records Management Concepts
July / August
	"Making Law" and "Finding Facts" - Unavoidable Duties of an Independent Judiciary Get Ready for the Bankruptcy Amendments of 2005 Bankruptcy Litigation: Some Practical Pointers A Guide to the Foreign Corrupt Practices Act Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them Federal Appeals: The Scoop on Electronic Submission and Filing Views from the Bench: Learning Professionalism and Civility - Thoughts for New Members of the Bar Standards of Professionalism & Civility: Standard 8
September / October
	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
November / December
	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 Justice Utah 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
2004 Utah Bar Journal & Articles back to top
January / February
	Contingency Fees: Should They Be Limited in Personal Injury Cases That Settle Early? The Proposed Contingent Fee Restrictions Are Unfair, Unreasonable, Unworkable and Wrong Utah's New OneStop Business Registration Website Diversity Pledge Marks New Chapter in History of Utah State Bar What is an Agricultural Cooperative, Anyway? COOP 101 Private Income Withholding for Collections of Child/Spousal Support NON IV-D Collection Services
March
	President's Message: "AND JUSTICE FOR ALL" Nominated for ABA National Public Service Award Utah Law Developments: Spoliation in Utah - A Problem in Search of a Remedy Digital Photograph as Evidence in Utah Courts Practice Pointer: Disengagement Letters A Problem of Perception: Race and the Legal System in Utah
April
	President's Message: By Creating Safe Harbors For Non-Lawyers, the Proposed UPL Rule Will Increase Access to Legal Services President-Elect & Bar Commission Candidates Practice Pointer: Training and Supervising Non-Lawyer Assistants Making Appeals More Child Friendly Attorneys and Child Abuse Reporting Statute Utah Law Developments: Significant Utah Criminal Law Decisions In 2003 Utah State Bar Celebrates the 50th Anniversary of the Brown v. Board of Education Supreme Court Decision
May ProBono Special
	Creating Access to Justice: Moving Toward Success A View From the Trenches Utah State Bar Pro Bono Program Why & Where Utah Attorneys Volunteer & Provide Public Service Building a Tibetan Family’s Home – Pro Bono and Quite by Accident The Multi-Cultural Legal Center The Salty Soup: Some Thoughts on Access to Civil Justice Community Lawyering Needs of Elderly Committee Pro Bono Project
June / July
	President’s Message: That Went Fast! Views from the Bench: The View from the Electronic Bench My Evolution from Paper-pusher to Key-clicker Ten Reasons You May Just Like CM/ECF Roska and the Warrant Requirement in Utah Child Protection Law Practice Pointer: The Snitch Rule Enlightened Self-Interest Utah Law Developments: 2004 Legislative Update
August / September
	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
October
	Practice Pointer: Neither a Borrower Nor a Lender Cracking the Computer Forensics Mystery Judicial Disqualification in Utah An Overview of State Sovereign Immunity in the Federal System Casemaker Coming Soon
November - Special Water Law Issue
	Parched: The Future of the Glen Canyon Dam in a Drier West Miccosukee: Can the Mere Transport of Unaltered Water Violate the Clean Water Act? Utah Law Developments Let It Flow: Wading Through Utah’s Instream Flow Statute Targeting Runoff: Storm Water Permitting & Enforcement Look Before You Fill! Dredge and Fill Permitting under § 404 of the Clean Water Act - by H. Michael Keller
December
	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
2003 Utah Bar Journal & Articles back to top
January / February
	President's Message: Who Are We? The Demographics of the Utah State Bar A Look at Lawyers Helping Lawyers Stress Management Disaster Plans and Other Unpleasant Subjects for Attorneys in Private Practice The Single Most Profitable Technology? The Unsolicited Email Act and Anti-Spam Litigation Views From the Bench: Reflections and Observations In Memoriam: Robert Wayne Swenson, University of Utah College of Law
March
	President's Message: Multijurisdicational Practice Rule Approved Rule for Admission of Lawyers Licensed in Other States or Territories of the United States or the District of Columbia to Practice Law in Utah A View From the Other Side of the Fence Practice Pointer: An Attorney's Duty to Maintain Confidentiality of Information Relating to Representation of a Client What's That on the Runway Unbundle Your Practice: Increase Profits by Coaching Clients Views From the Bench: Real World Descriptions of Legal Terms Reversible Errors
April
	President's Message: Marbury v. Madison President Elect & Bar Commission Candidates Demotion and Discharge of Municipal Employees in Utah Practice Pointer: Using "& Associates" in a Firm's Name Views From the Bench: Practices of Successful Lawyers Appreciated by Trial Judges Utah Law Developments: Important Utah Decisions, 2002 The Dollars and Sense of Utilization of Legal Assistants
May
	President's Message: Substitute House Bill 349 and the Definition of the Practice of Law Practice Pointer: Fee Agreements The Final Judgment Rule: Appealability and Enforceability Go Hand in Hand Getting Past the Name Calling: A Framework for Analyzing Affirmative Action Plans Free Online Legal Research as a Bar Benefit: The CaseMaker Option Views From the Bench: The Constitutional Guarantee of an Independent Judiciary Utilizing Legal Assistants in Your Family Law Practice
June / July
	President's Message: The Year in Review Practice Pointer: Sex, Lies and the OPC Weapon-Free Courthouses and the Gun Locker Dilemma Community Property Issues Can Arise Where Least Expected Law and Unity on Main Street M&A Transactions Under Utah's New "Fairness Hearing" Statute Views From the Bench: Freedom and Independent Courts Book Review: An Accidental Soldier - Memoirs of a Mestizo in Vietnam Legal Assistants Division: Legal Assistant Utilization May Optimize Client Services in Litigation Practice
August / September
	President's Message: New Bar Programs on the Horizon That Frayed Rope Views from the Bench: We Are All In This Together Darkest Before Dawn Relapse Prevention My Mother, My Father, and Me - A Story About a Childhood and the Effects of Suicide and Substance Abuse Effective Stress Management Lower Your Stress with these Law Management Tips Bottom of the Totem-Pole Blues The History and Purpose of Lawyers Helping Lawyers
October
	President's Message: Utah State Bar Members Give $8.9 Million to Legal Services for the Poor Mandatory Binding Arbitration of Medical Malpractice Claims in Utah Lawyers and the Rule of Law Ten Traps to Avoid on the Internet Before the Bench: The Utah Senate and Judicial Confirmation Practice Pointer: Things to Consider in Drafting a Yellow Pages Ad Utah Law Developments: 10 Changes to the Law Every Lawyer should Know From the 2003 Utah Legislative Session
November
	President's Message: Adopt the Diversity Pledge Electronic Discovery: New Power, New Risks Obtaining Medical Records After HIPAA: New Federal Privacy Protections Change the Rules for Attorneys USERRA: Navigating Uncharted Legal Territory Utah Law Developments: Obtaining and Maintaining State Trademarks in Utah
December
	President's Message: "Unbundling" Legal Services in Utah Practice Pointer: Representing a Client With Diminished Capacity Fair Value in Utah Making Your Case at the Legislature Helpful Employment Law Websites Utah Law Developments: Utah's Revised Uniform Arbitration Act: A Makeover for the Face of Arbitration Views From the Bench: Supreme Court Adopts Professionalism Standards
2002 Utah Bar Journal & Articles back to top
January / February
	The President's Message: A Prayer for the Professions Avoiding Legal Malpractice Claims Aspirational Morality: The Ideals of the Professionalism Judicial Independence and the Blame Game: The Easiest Target is a Sitting One Views From the Bench: The View From Here
March
	The President's Message: Is the Office of Professional Conduct the Grand Inquisitor? What Lawyers Need to Know if Faced with a Bar Complaint Nexus & Remote Sellers: The Taxation of Electronic Commerce Only Until Payday: A Primer on Utah's Growing Deferred Deposit Loan Industry How the Economic Growth and Tax Relief Act of 2001 Affects Basic Estate Planning Strategy - Tax and Non-Tax Considerations Views From the Bench: 15th Anniversary of the Utah Court of Appeals
April
	The President's Message: Lionel Frankel Revised UCC Articles 9: Utah "Filing Office" Update Trademarks 101 Aspirational Morality: The Ideals of Professionalism - Part II Utah Law Developments: Seven Cases That Shaped the Internet in 2001, or the First Thing We Do, Let's Kill All the Lawyers - Part I
May
	Response to the President's Message: The Price We Pay (or, Two Fortunes for Bob) Chapter 13 Bankruptcy: Determining the Appropriate Fair Market Value Me? A Collection Attorney? Hardly! I Am a Litigator With High Visibility Clients. The FDCPA is for 'Debt Collectors'! Utah Law Developments: Legislative Update: 2002 General Legislative Session Book Review: Letters to young Contrarian
June / July
	President's Message: Read this Please! (at least read some of it) Arbitration Advocacy: Preparing the Case Pro Bono Legal Services: The Bigger Picture Admitting Child Hearsay Statement's of Child Sexual Abuse: Can Courts Determine Reliability? When Gunzilla (Federal Gun Control Act of 1968) Meets Queen Cong (Utah's Domestic Violence Statutes) Your Client Could Get Stepped On Utah Law Developments: Recent Changes and Developments in the Utah Rules of Evidence: Definitive Evidence Rulings, Character Evidence, Expert Testimony, and Business Records The History and Contemporary Content of Constitutional Mandates for Public Education: Obligations of the Judicial Branch
August / September
	President's Message: Dialogue on Freedom - An Opportunity for Utah Lawyers to Make a Difference Commissioner Report: Commission Recommends Modification of Bar Exam by Adding MPT The Judges' Benchbook - ww.utlitsec.org The Appointment of Special Masters in High Conflict Divorces Probate Mediation in Utah: Where did it Come From, Where is it Now, Where is it Going? Utah Law Developments: Seven Cases That Shaped the Internet in 2001 or the First Thing We Do, Let's Kill All the Lawyers, Part II
October
	President's Message: The Community Legal Center Becomes a Reality Through the Efforts and Generosity of Many Truth or Dare: Assessing the Reliability of Financial Statements in a Post-Enron World Lip Service and Diversity in the Legal Profession: Time for a Reality Check Common Errors in Cross-Examination, or Five Bad Habits of Highly Ineffective Cross-Examiners Utah Law Developments: Recent Changes to Utah's Trust Deed Statutes Views From the Bench: In Discharge of a Self-Imposed Sentence Book Review: Strangers in the House: Coming of Age in Occupied Palestine and Revenge: A Story of Hope
November
	President's Message: Dialogue on Freedom - A Resounding Success Contaminated Property Transactions After 2002 Superfund Brownfield Amendments Arbitration Advocacy Part Two: The Arbitration Hearing The New New New Thing Web Services on the Horizon Appendix A Utah Law Developments: Employment Update: Recent Decisions From the Utah State Courts
December
	President's Message: Supreme Court Committee on Delivery of Legal Services Submits Its Report Commissioner Report: Utah State Bar Explores Delivery of Legal Services to Middle Class Practice Pointer: The Rule Against Threatening Criminal Prosecution to Gain an Advantage in a Civil Matter A Few Words of Caution About Computer Presentations Are You Riding a Fine Line? Learn to Identify and Avoid Issues Involving the Unauthorized Practice of Law Utah Law Developments: Seven Cases That Shaped the Internet in 2001 or "The First Thing We Do, Let's Kill All the Lawyers" Part III In Memoriam: Remembering Ron Boyce - Teacher, Judge and Friend
2001 Utah Bar Journal & Articles back to top
March
	President's Message: Sharing, Selecting and Supporting An Increasingly Violent Profession The Exaggerated Death of the Subchapter S Corporation - Part II A Cash Flow Primer for Attorneys
April
	The Executive Director's Message: We Are Not Alone Utah Zoning Law: The Zoning Ordinance Utah's "New" Tax Court - An Important Step in Leveling the State Law Playing Field The Case Against MDPs: The Soul of Our Profession is at Stake The MDP Question: Should We Board the Train to the Future or Lie Down in Front of It? From the Get-go to the End of the Day Legislative Highlights Law School Pro Bono Initiative
May - Special Elder Law Issue
	The President's Message: Choosing for the Future of the Bar Overview of Elder Law Social Security Changes. . . As We Do Determining Capacity: Is Your Older Client Competent Medicaid, An Incredibly Brief Overview Views From the Bench: Some Current Causes for Popular Dissatisfaction With the Administrative of Justice Case Summaries
June / July
	The President's Message: Preparing for Practice in 2010 New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On Utah Revised Nonprofit Corporation Act Utah Zoning Law: Enforcement Mediator Focus: Mediation Advocacy in a Nutshell Views From the Bench: Civility and Advocacy
August / September
	The President's Message: Show Me the Money! New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On Guardianships and Conservatorships Utah Zoning Law: Appeals Justice Court, Fairness and the Law Views From the Bench: A Life Celebrated Utah Law Developments: Recent Amendments to the Federal Rules of Civil Procedure for Utah Practitioners
October
	The President's Message: The Bar, the Courts, the Legislature and the Unauthorized Practice of Law Affirming the Untested - Affirming a Trial Court Based on Issues Raised Sua Sponte LDS and Judicial Perspectives on Stories from Jewish Tradition New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On Office of Public Guardian Utah Law Developments: Update on Environmental Law Book Review: The Genesis of Justice
November
	The President's Message: What Lawyers Can Do in Times Such as These The Bar, the Courts, Criminal Justice and the Olympics: Handling the Impact of the Olympic Games on the Courts, Law Practice and Criminal Justice in Utah Fighting Back on the Internet: A Primer on the Anticybersquatting Consumer Protection Act Practice Pointers for Effective Lawyering Consumer Assistance Program Mediator Focus: Early Neutral Evaluation
December
	The President's Message: The Saying of D. Frank Wilkins INS v. St. Cyr: The Supreme Court and Draconian Congressional Criminal-Immigration Laws Utah's DNA Actual Innocence Bill Justice Court, Fair and Legal Views From the Bench: Education for Justice in Utah Mediator Focus: Paths to Mediation, with Sample Clauses

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