|
Commission Highlights
During its regularly scheduled meeting January 25, 2002, which was held in Salt Lake City, the Board of Commissioners received the following reports and took the actions indicated.
1.
Scott Daniels asked the Commission to pay close attention to the calendar and to get their RSVP's in early for the Park City Commission meeting and retreat to be held May 30, 31 & June 1. Scott also encouraged the Commissioners to attend the Western States Bar March 13 - 16, in Las Vegas. Felshaw King said he would attend the National Conference of Bar Examiners held in Chicago, April 11 - 13. John Adams said he was attending the ABA Bar Leadership, and V. Lowry Snow and Randy Kester attended the ABA Mid year.
2.
Scott Daniels reviewed the president-elect procedure. Scott noted that the Commission must nominate two candidates for president-elect at the next regularly scheduled board meeting. That meeting is scheduled for the March midyear convention meeting in St. George, March 21, 2002 at 1:30 pm.
3.
Scott Daniels reported on the meeting held with the Executive Committee and the Character & Fitness chairs. A lengthy discussion followed. The motion passed to reaffirm the Commission's rules as one of narrow review of character and fitness decision under the applicable Admission Rules. The motion also included the idea of not to permit personal appearance by applicants except under extraordinary circumstances and that the applicant's appeal be limited to ten pages of written submission. Katherine Fox is to report back to the Commission on the legal parameters of expungement including when or when not it could be reportable including whether the expungement occurred before application to the Bar or during the application process or afterwards and to include both juvenile and adult expungement.
4. Scott Daniels reviewed "and Justice for all" correspondence.
5.
John Adams presented a short history of the continuing work of the Racial and Ethnic Fairness Task Force. He concluded the presentation by noting that the Task Force report contains several recommendations for both the judiciary and the Bar to improve racial and ethnic fairness in the judicial process. Adams reported that a community advisory council had been established and he had been selected as a representative. He requested two or three volunteers to meet with him to come up with more concrete proposals. Debra Moore, Mary Gordon and Marlene Gonzalez were selected as volunteers.
6. Katherine Fox gave an update on the Unauthorized Practice of Law Committee.
7.
Judge Pamela Greenwood has been selected for the Dorathy Merrill Brothers Award given to the person who has contributed toward the advancement of women in the legal profession in Utah. Professor Robert Flores had been selected for the Raymond Uno Award, which recognizes contributions to the advancement of minorities in the legal profession in Utah. These awards will be given at the Mid Year Convention.
8. Scott Daniels reviewed the Bar's legislative lobbying process.
9. Denise Dragoo reviewed the status of the Judicial Conduct Commission.
A full text of minutes of this and other meetings of the Bar Commission is available for inspection at the office of the Executive Director.
************
Nominations for the Peter W. Billings Sr. Outstanding Dispute Resolution Service Award
The ADR Section of the Utah State Bar annually awards the Peter W. Billings, Sr. Award to the person or organization that has done the most to promote alternative dispute
resolution. The award is not restricted to an attorney or judge.
Please submit nominations by May 24, 2002 to Peter W. Billings, Jr., P.O. Box 510210, Salt Lake City, Utah 84151.
************
2002 Annual Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2002 Annual Convention 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 Wednesday, May 29, 2002
. The award categories include:
1. Judge of the Year
2. Lawyer of the Year
3. Young Lawyer of the Year
4. Section/Committee of the Year
5. Community Member of the Year
************
Notice of Ethics & Discipline Committee Vacancies
The Bar is seeking interested volunteers to fill two 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 May 1, 2002, to:
James B. Lee
201 South Main Street
Suite 1800
P.O. Box 45898
Salt Lake City, UT 84145-0898
************
Mailing of Licensing Forms
The licensing forms for 2002-2003 will be mailed during the last week of May and the first week of June. Fees are due July 1, 2002, however fees received or postmarked on or
before August 1, 2002 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. Failure 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 Bar's website to see what information
is on file. The site is updated weekly and is located at www.utahbar.org.
If you need to update your address please submit the information to Arnold Birrell, Utah State Bar, 645 South 200 East, Salt Lake City, Utah 84111-3834. You may also fax the
information to (801) 531-9537.
************
NOTICE:
The period for comments to be submitted on the proposed Utah Multijurisdictional Practice Rule has been extended from April 2 to April 25, 2002.
The text of the rule was published in the March Bar Journal. Comments should be directed to Joni Dickson Seko, Deputy General Counsel for the Utah State Bar. She can be reached by telephone at (801) 257-5518 or by e-mail at joni.seko@utahbar.org.
************
Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 02-03
Issue: What are the ethical obligations of an insurance defense lawyer with respect to insurance company guidelines and flat-fee arrangements?
Opinion:
An insurance defense lawyer's agreement to abide by insurance company guidelines or to perform insurance defense work for a flat fee is not per se unethical. The ethical implications of insurance company guidelines must be evaluated on a case by case basis. An insurance defense lawyer must not permit compliance with guidelines and other directives of an insurer relating to the lawyer's services to impair materially the lawyer's independent professional judgment in representing an insured. If compliance with the guidelines will be inconsistent with the lawyer's professional obligations, and if the insurer is unwilling to modify the guidelines, the lawyer must not undertake the representation. Flat-fee arrangements for insurance defense cases are unethical if they would induce the lawyer improperly to curtail services for the client or perform them in any way contrary to the client's interests. Obligations of lawyers under the Utah Rules of Professional Conduct, including the duty zealously to represent the insured, cannot be diminished or modified by agreement.
Opinion No. 02-04
Issue:
May a lawyer, who is also a certified public accountant employed by an accounting firm, contemporaneously conduct from an office at the accounting firm public accounting services as an employee of the accounting firm and a law practice independent from the accounting firm without violating the Utah Rules of Professional Conduct?
Opinion: A lawyer who is a certified public accountant and employed by an accounting firm may not contemporaneously practice law and accounting from the offices of the
accounting firm without violating Rule 5.4(b) of the Utah Rules of Professional Conduct. Accounting is a "law-related service," and, when accounting services are provided by an
active lawyer, the lawyer is subject to the Utah Rules of Professional Conduct while engaged in either profession. The lawyer is, therefore, prohibited by Rule 5.4(b) from forming a
business association with a non-lawyer to provide the accounting services when the lawyer is contemporaneously engaged in the practice of law.
Opinion No. 02-05
Issue:
What are the ethical considerations for a governmental lawyer who participates in a lawful covert governmental operation, such as a law enforcement investigation of suspected illegal activity or an intelligence gathering activity, when the covert operation entails conduct employing dishonesty, fraud, misrepresentation or deceit?
Conclusion:
A governmental lawyer who participates in a lawful covert governmental operation that entails conduct employing dishonesty, fraud, misrepresentation or deceit for the purpose of gathering relevant information does not, without more, violate the Rules of Professional Conduct.
************
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.
************
Utah Bar Foundation
A nominating committee will forward a slate of proposed names for vote by the Utah Bar Foundation Board of Trustees. In addition to the nominated slate, individual
attorneys may seek election for a three year Utah Bar Foundation term by filing a petition containing the signatures of at least 25 attorneys in good standing with the Utah Bar
Association by May 3, 2002. Petitions may be obtained at the Utah Bar Foundation, 645 South 200 East, Salt Lake City, Utah 84111. For questions, please contact Kimberly Garvin at
(801)297-7046.
The Utah Bar Foundation is currently accepting applications for funding for 2002-2003. The Utah Bar Foundation funds organizations that promote legal education; provide legal
services to the disadvantaged; improve administration of justice; and serve other worthwhile law-related public purposes. Interested organizations can contact Kimberly Garvin, Executive
Director, at (801)297-7046 for application guidelines.
|
