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Notice of Amendments to Rules
The following rule changes have been adopted by the Supreme Court or Judicial Council with an effective date of April 1, 2001. The information is intended to alert
Bar members to changes that may be of interest and is not an inclusive list of all changes made.
Digest of Amendments
Rules of Civil Procedure
Rule 5. Service and filings of pleadings and other papers.
Amends to allow service by means other than U.S. Mail and hand delivery if consented to in writing by person served.
Rule 32. Use of depositions in court proceedings. Adds provision concerning offering deposition testimony in stenographic or nonstenographic form.
Rules of Criminal Procedure
Rule 14. Subpoena. Adds provision allowing attorney to issue and sign subpoena.
Rules of Appellate Procedure
Rule 11. The record on appeal. Adds list of exhibits offered in proceeding to record prepared by clerk of the trial court.
Rule 12. Transmission of record. Adds provision governing duty of juvenile court clerk.
Rule 36. Issuance of remittitur.
Adds provision governing issuance of remittitur by Court of Appeals if petition for writ of certiorari is filed; amends provision governing stay, supersedeas or injunction pending application for review to the United States Supreme Court.
Code of Judicial Administration
Rule 3-503. Election to participate in deferred compensation plan. Removes rule.
Rule 4-501. Motions.
Adds requirement that Notice to Submit for decision state the date on which the motion was filed, the date the memorandum in opposition, if any, was filed, the date the reply memorandum, if any, was filed, and whether a hearing has been requested.
Rule 4-509. Property bonds. Adds new rule governing property bonds posted in civil proceedings.
Rules of Professional Conduct
Rule 7.3. Direct contact with prospective clients.
Amends rule including addition of requirement that written communication from a lawyer soliciting professional employment in certain circumstances be identified as advertising; replaces comment.
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Mailing of Licensing Forms
The licensing forms for 2001-2002 will be mailed during the last week of May and the first week of June. Fees are due July 2, 2001, however fees received
or postmarked on or before August 1, 2001 will be processed without penalty.
It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failing to
notify the Bar of an address change does not relieve an attorney from paying licensing fees, late fees, or possible suspension for non-payment of fees. You may
check the BarŐs web site to see what information is on file. The site is updated weekly and is located at www.utahbar.org.
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Lawyer Legislator 2001
The January/February issue of the Utah Bar Journal contained an article written by Bar President David Nuffer, which included photographs and contact
information concerning lawyer legislators. Senator Terry R. Spencer's name and contact information were inadvertently omitted from that article. Mr.
Spencer's name and contact information are listed below. The Utah Bar Journal apologizes for its error.
Senator Terry R. Spencer
T.R. Spencer & Associates, P.C.
140 West 9000 South, Suite 8
Sandy, Utah 84070
Office phone: (801) 566-1884
Fax: (801) 562-5151
E-mail: trs6851@aol.com
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Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 01-02
Issue:
Does a lawyer violate the Utah Rules of Professional Conduct if he agrees to discount his fees to a client until a referral fee charged to the client by a lawyer-referral service is reimbursed to a client?
Opinion:
A lawyer who agrees to discount his fees to a referred client in order to permit the client to be reimbursed for the referral fee that the client originally paid to the referral service makes an indirect payment to the referral service and, therefore, violates the prohibition against payment of referral fees on a fee-per-case basis under Utah Rules of Professional Conduct 7.2(c).
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Notice of Ethics & Discipline Committee Vacancies
The Bar is seeking interested volunteers to fill three vacancies on the Utah State Bar Ethics & Discipline Committee. The Ethics & Discipline
Committee is divided into four panels which hear all informal complaints charging unethical or unprofessional conduct against members of the Bar and determine
whether or not informal disciplinary action should result from the complaint or whether a formal complaint shall be filed in district court against the respondent
attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court upon recommendations of the Bar Commission.
Please send resume, no later than April 26, 2001, to:
John C. Baldwin
Utah State Bar
645 South 200 East
Salt Lake City, UT 84111
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2000 Annual Meeting Awards
The Board of Bar Commissioners is seeking nominations for the 2000 Annual Meeting Awards. 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, Utah 84111, no later than Thursday, April 26, 2001. The award categories include:
1.Judge of the Year
2.Distinguished Lawyer of the Year
3.Distinguished Young Lawyer of the Year
4.Distinguished Section/Committee of the Year
5.Distinguished Community Member for Service to the Profession
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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, UT 84111.
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