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President-Elect and Bar Commission Election Results
John A. Adams was elected President-Elect of the Utah State Bar in the first popular election of the position in the Bar's history. John received 1,424 votes to Denise A.
Dragoo's 1,063 votes. Felshaw King was elected Bar Commissioner in the Second Division, receiving 123 votes to David R. Hamilton's 108 votes. Felshaw joins new Third Division
Commissioners David R. Bird, Gus Chin and Karin Hobbs, who ran unopposed.
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Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 01-04
Issue:
Is it ethical for lawyers to charge clients an annual fee for estate planning and asset-protection legal services based on a percentage of the value of the assets involved?
Opinion: Charging clients an annual fee for estate planning and asset protection legal services based on a percentage of the value of the assets involved is likely
to be ethical only in extraordinary circumstances.
Opinion No. 01-03
Issue: What are the ethical considerations where a lawyer seeks to disqualify a judge from a case by associating a lawyer from the judge's
prior private law firm and intentionally creating a circumstance in which the judge may conclude that he must recuse himself from the case?
Conclusion:
Depending on the facts and circumstances, it may be unethical conduct for either lawyer to manipulate the judicial system by agreeing to associate new counsel for the primary purpose of provoking a judge's recusal.
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Commission Highlights
During its regularly scheduled meeting April 27, 2001, which was held in Salt Lake City, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. Dr. Theresa A. Martinez of the University of Utah Sociology Department gave a presentation on "Race and Culture in America".
2. The Commissioners had lunch with the Young Lawyers Division Board.
3.
Neil Crist gave a report on the Client Security Fund ("CSF") and requested some rule changes. Nanci Bockelie, Scott Daniels and Sharon Donovan are to look into some issues of Crist's report and bring to Commission meeting in Moab on June 8, 2001. The Commission voted to approve CSF claims totaling $20,485.
4.
Annual Awards were selected: Alan L. Sullivan was selected as the Lawyer of the Year, Mitchell R. Barker was selected as Pro Bono Lawyer of the Year, and Judge of the Year was given to both Anne M. Stirba and Sharon P. McCully. Section of the Year was awarded to Legal Assistants Division and a Distinguished Service Award was given to Judge Raymond M. Harding, Sr. Members of the Ethics Advisory Opinion Committee were also nominated for a distinguished service award.
5. Scott Daniels reviewed the 2001-2002 budget draft.
6.
Kirk Torgensen from the Utah Attorney General's Office addressed the Commission with his concerns on the A.G. staff attorney retention problem. Scott Daniels noted that the Legislative Executive Appropriations Committee was the appropriate entity to lobby about the staff retention concerns.
7. The Bar Admissions ceremony was May 16 and the motion to certify the list of applicants passed.
8. Executive Session: Admissions Hearing & Review of Appointment to Advisory Board on Children's Justice.
9. The Commission approved the appointment of Helen Christian and Stewart Ralphs to the Child Support Advisory Committee.
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, or on the Bar's website at www.utahbar.org.
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Request for Input on Judgment Lien Amendments
During the 2001 Annual General Session, Representative Tom Hatch sponsored House Bill 305, Judgment Lien Amendments. This bill makes several significant changes regarding
judgment liens, including providing that a judgment or an abstract of a judgment constitutes a lien when it is recorded in the office of the county recorder. The bill was amended to
postpone its effective date to July 1, 2002 to provide members of the Bar with actual knowledge and the opportunity for input on these changes before this bill became law.
Senator John C. Valentine has requested that the Utah State Bar review this bill and provide specific feedback by October 1, 2001. Please send your comments to Senator Valentine
at Utah State Senate, 319 State Capitol, Salt Lake City, Utah 84114 or Fax: (801) 538-1414.
House Bill 305 can be copied or reviewed from the Legislature's 'website at “www.le.state.ut.us”.
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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 July 2, 2001 to: John C. Baldwin, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111
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Mailing of Licensing Forms
The licensing forms for 2001-2002 were 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. 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 web site 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) 531-0660.
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Summary of Utah State Bar Licensing
This information is provided to answer frequently asked questions and is accurate for the current year. There are five categories of licensure available to Utah lawyers.
Active - A lawyer who is practicing law generally and not necessarily for a fee, giving legal advice or counsel, examining or passing upon the legal effect of an act,
document or law, or representing clients, not necessarily in a judicial setting, must be licensed on Active Status. You must pay the current active licensing fee plus the required annual
client security fund assessment and you must satisfy continuing legal education requirements. The current annual fee is $350.
Active, Under Three - A lawyer on Active Status who admitted on or after July 1, 1998 qualifies for a reduced licensing fee. (If you took the Attorney Bar Examination or
have practiced law for more than three years as of July 1, 1998 you do not qualify.) The current licensing fee is $190 plus the client security fund assessment. You must also satisfy the
New Lawyer Continuing Legal Education requirements.
Active Emeritus - A lawyer who has been a member of the Bar for 50 years or is 75 years old as of July 1 of the current year qualifies for Emeritus Status and is not
required to pay a licensing fee or the client security fund assessment. If you are practicing law while on Emeritus Status, you are considered Active Emeritus and must meet continuing
legal education requirements.
Inactive - A lawyer on Inactive Status is considered to be"in good standing" but may not practice law and is not required to meet continuing legal education
requirements. The annual fee is $80. If you want to receive the Utah Bar Journal the fee is $90. To be placed on Inactive Status, please indicate by paying the inactive fee when renewing
through the annual licensing form or by letter. You will not automatically receive Inactive Status by not paying the annual licensing fee. If you do not pay the licensing fee you will
be suspended for non-payment.
Inactive Emeritus - A lawyer who has been a member of the Bar for 50 years or is 75 years old as of July 1 of the current year and who wishes to be on Inactive Status is
not required to pay a licensing fee, the client security fund assessment or meet continuing legal education requirements.
Reinstatement after Suspension for Non-Payment of Fees - A lawyer who has been suspended for non-payment of any fees may be reinstated to licensure by paying the annual
licensing fees for the years he or she was suspended plus the current annual licensing fee, the client security fund assessment and a $100 reinstatement fee. Your licensing fees due for
the years while suspended are determined by your status at the time you were suspended for non-payment.
Resignation from the Bar - A lawyer may resign from the Bar if he or she has no disciplinary matters outstanding or pending and is not currently suspended from the
practice of law. Notification of resignation must be made in writing.
Readmission to the Bar after Resignation without Discipline Pending - A lawyer wishing to be readmitted after resignation without discipline pending must file a verified
petition, addressed to the Bar Commission and filed with the Executive Director, identifying the lawyer's name, age, current residence and business address, the residence and occupation
during the period subsequent to resignation and the reasons for resignation. The petitioner must pay a $200 filing fee. For readmission with discipline, contact the Office of Professional
Conduct.
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