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Commission Highlights
During its regularly scheduled meeting December 7, 2001, which was held in Salt Lake City, the Board of Commissioners received the following reports and took the actions indicated.
1. Scott Daniels encouraged Commission attendance at the upcoming NCBP Midyear Meeting, Western States Bar Convention and the Jack Rabbit Bar Conference.
2. The Client Security Fund attorney cap was reviewed and the Commission voted to raise the per attorney cap to $50,000.
3. Scott Daniels reviewed the Lawyers Helping Lawyers Foundation's request to fund an ABA audit. After discussion, it was determined that an audit would be beneficial and was approved.
4.
Scott Daniels reviewed the Supreme Court's request for a meeting on the Bar's MDP proposal. He reported that Chief Justice Howe asked for two representatives from the Bar to join two representatives from the Court's Rules Advisory Committee on the Rules of Professional Conduct to meet on January 30, 2002 to discuss and answer questions relating to the Bar's petition.
5.
Paul Moxley gave a report on the ABA. He noted that Utah's participation in the ABA is extraordinary as compared to other states. Moxley also noted that there were a number of ABA publications such as guidelines and pamphlets to assist members in their practice of law.
6.
David Hamilton appeared before the Commission and gave a short description of the Client Security Fund process, i.e., how claims are presented and the procedure and concerns employed in that process. The Commission approved the claims presented for payouts.
7. John Adams brought the Commission up to speed on the Supreme Court's Committee on Delivery of Legal Services formed in response to the Utah legislature's concerns.
8. John Adams discussed issues relating to recent changes to the Rules of Lawyer Discipline and Disability. Subsequent revisions were made.
9. John Adams also reviewed the "Respondent's Bill of Rights".
10. Bob Merrell reviewed October financials.
11. John Baldwin reviewed the Sunset Review process explaining that the Supreme Court had requested the Commission to make a rotating annual review of certain Bar programs. A sign up
sheet was passed out for Commissioners in order to form groups of three to review the continuing legal education program, the consumer assistance program and the general support of bar
committees program.
12. Denise Dragoo reviewed the proposed monthly Bar e-mail newsletter.
13. Katherine Fox explained that on the licensing form attorneys must designate which address they prefer to receive their mail. In order to ensure consistency and fairness, she
suggested that the Bar's Policies and Procedures should be modified so that the delinquency notice for nonpayment is sent where the attorney has requested that his or her mail be sent.
The revision was approved.
14. Katherine Fox lead the discussion regarding guidelines for publishing notices of discipline. The proposed new guidelines were adopted.
15. Legislative concerns and OPC litigation were discussed during the Executive session.
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.
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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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Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 02-01
Issue: Do the Utah Rules of Professional Conduct preclude a Utah lawyer from financing litigation costs through a loan from a third-party lending
institution, if (a) the lawyer is obligated to repay the loan and (b) the client, by separate agreement with the lawyer, is obligated to reimburse the lawyer for such costs?
Conclusion: The Utah Rules of Professional Conduct do not preclude such litigation-financing arrangements, provided the lawyer discloses to the client the terms and
conditions of the loan, the client consents, and the lawyer, but not the client, is obligor on the loan.
Opinion No. 02-02
Issue: To what extent does the recent amendment to Utah Rules of Professional Conduct 7.3(c) affect a lawyer's or law firm's newsletters and
"alerts" to clients and prospective clients, brochures provided at public seminars, promotional items provided at seminars and other events, and web-site information?
Conclusion: If the newsletters, alerts or brochures are designed by the firm in such a way that they constitute a solicitation of professional employment from a
prospective client with whom no attorney at the firm has any family relationship, prior or current professional relationship, or close personal friendship, they must prominently include
the words "Advertising Material" on the outside envelope, if any, and at the beginning of the communication. If the newsletters and alerts are not designed in such a way that
they constitute a solicitation of professional employment, then they do not need to contain the words "Advertising Material" on them. Rule 7.3(c) does not require the firm's
web-site to have the words "Advertising Material" prominently displayed on it. The firm's logo items also do not have to have the words "Advertising Material"
displayed on them.
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Notice of Petition for Readmission to the Utah State Bar by Joseph Fox
Pursuant to Rule 25(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of a Petition for Readmission
(“Petition”) filed by Joseph Fox in In re Fox, Fourth Judicial District, Civil No. 010402146. Any individuals wishing to oppose or concur with the Petition are requested to do so within
thirty days of the date of this publication by filing notice with the District Court.
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Notice of Ethics & Discipline Committee Vacancies
The Bar is seeking interested volunteers to fill ten 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, 2002, to:
John C. Baldwin
Utah State Bar
645 South 200 East
Salt Lake City, UT 84111
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20th Annual Bob Miller Memorial Law Day 5K Run/Walk
April 27, 2002 - 8:00 a.m. S. J. Quinney College of Law at the University of Utah
Presented by the Utah State Bar Law-Related Education and Law Day Committee
“Pass The Torch To “and Justice for all””
To register for the Law Day Run click here
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