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It seems like yesterday that I was sworn in as Bar president, but with the end of my term approaching at "warp" speed, it's time to review how the Bar has advanced its mission
during the last year. I'm pleased to report that 2003-2004 has been an excellent year, thanks to the dedicated efforts of John Baldwin and the Bar staff, a great Board of Bar
Commissioners, and stellar committee and section chairs and other dynamic volunteers throughout the Bar organization. Some highlights of the year include:
Delivery of Legal Services
The Bar has moved its goal of improving the delivery of legal services forward on several fronts. In July 2003, the Commission adopted the
recommendations of its Task Force on the Delivery of Legal Services for improving access to justice for middle income clients. Those recommendations included seeking rule amendments to
facilitate limited task representation or "unbundling"
of legal services and raising awareness of methods of responsibly providing such services. The Bar invited a national expert on unbundling to present at the extremely well-attended inaugural
Fall Forum
convention for solo and small practitioners in Salt Lake City. In December, the Commission petitioned the Supreme Court to adopt unbundling rules. The Court has referred the petition to its Advisory Committee on the Rules of Professional Conduct for its recommendations. Once rules are in place, it will be important for the Bar to provide further opportunities for lawyers to learn how to unbundle successfully.
In November 2003, the Bar and the S.J. Quinney College of Law at the University of Utah co-sponsored the annual Fordham Debate, which focused on the topic of
statewide planning for access to justice.
The event included a half-day of stimulating workshops at which national experts shared their insights and recommendations with a highly engaged audience. In her 2004 State of the Judiciary address, Chief Justice Christine M. Durham emphasized that "access to justice is a fundamental right in a just society" and called for the "creation of a network of providers, stakeholders, lawmakers, community leaders, consumers, lawyers, and court leaders who can address the issue of access to justice on a statewide level." In the succeeding months, the Bar has participated in discussions on forming such a network and has endorsed and pledged support for that endeavor.
Legislative Relations
The Bar took various steps to open new avenues of communication and shore up its relationship with the Utah Legislature. Several legislators took
time from their busy schedules to actively participate on a Bar task force, chaired by President-Elect George Daines, to study a proposed increase in the jurisdictional limits of small
claims court. Our Governmental Relations Committee worked closely with the legislature to provide valuable practical assistance concerning pending bills. John T. Nielsen skillfully
advocated for the Bar's positions on pending legislation, and John Baldwin and Richard Dibblee were visible on Capitol Hill throughout the session. This year's repeal of the narrow
definition of the practice of law that had been enacted last year, although probably not the last word on the issue, did signify a greatly improved relationship between the Bar and the
legislature. The Bar's efforts did not begin or end with the legislative session and must be part of a continuing program that builds trust, mutual respect, and understanding year-round
and from year to year.
This Spring, the Bar collaborated with other organizations to present a wide-ranging, interesting, and fun series of events celebrating the 50th anniversary
of Brown v. Board of Education. Those events included a film festival, panel discussions, high school classroom presentations, a letters to the editor contest, an art and
the law contest, Jackie Robinson night at the Stinger's game, a KUED production, an educational newspaper supplement, and the Law Day dinner with ABA President-Elect Robert Grey as the
guest speaker. With these events, the Bar effectively carried the many lessons of Brown into the community, fostering an appreciation for the rule of law.
In other developments of the year:
The Supreme Court published proposed amendments to its rule on the unauthorized practice of law
that create safe harbors for non-lawyers. The Court approved the Bar's petition to join the Casemaker
on-line legal research consortium, which will become available this Fall for free to all Bar licensees. The Commission voted to petition the Supreme Court to approve a two-stage
increase in the passing score for the Bar exam. The Bar and Supreme Court approved an emergency rule under which military lawyers
stationed in Utah may now to provide free legal services to military personnel and their dependents. The Bar enhanced its communication with members through monthly e-bulletins
; and the reach of Lawyers Helping Lawyers
was expanded with the Bar's financial support of a full-time director position. Last, but definitely not least, the Bar entered its fifteenth year without an increase in
licensing fees.
I'm most grateful to have had the enriching opportunity to serve as president. I thank my colleagues at the AG's office and my family for their tremendous
support. And, I leave you in George's capable hands. Go, George!
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