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PDF archive

 
2010 Utah Bar Journal & Articles back to top
January / February
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  • President’s Message: Don’t Tax Justice
  • Articles: The Slope of Utah Ski Law 10
  • The Utah Minority Bar Association and Ripples of Hope
  • Ethical Conundrum? Try Asking the Ethics Advisory Opinion Committee
  • Utah Law Developments: A Plaintiff Attorney’s View of Sorenson v. Barbuto
  • Should Utah Lawyers Stop Forming Utah LLCs?
  • Online Judicial Performance Evaluation Survey: Why You Shouldn’t be Afraid
  • The Not-So-Secret Crucible of Bankruptcy
  • Book Review: Samurai Lawyer
  • State Bar News
  • Young Lawyer Division: Tuesday Night Bar: A Model Pro Bono Program
  • Paralegal Division: UDVC, Not Just Another Abbreviation
March / April
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  • Letters to the Editor
  • President-Elect & Bar Commission Candidates
  • President’s Message: Helping Unemployed/Underemployed Lawyers
  • Articles:
  • Domestic Asset Protection Trusts: A Comparison of the Laws of Utah and Wyoming
  • Alternative Dispute Resolution Procedures with IRS Appeals
  • Attorney Volunteers in Court
  • Services for Attorneys at the Utah State Law Library
  • Evaluating Judicial Performance: 28
    How Judges Can Earn High Marks Even
May / June
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  • President’s Message: The Dreaded Letter from OPC 8
  • Articles:
  • Advising Your Clients (and You!)
  • Utah Law Developments: So Now What is My Deadline? Timing Changes to the Federal Rules
  • Book Review: The Guantánamo Lawyers
    Edited by Mark P. Denbeaux and Jonathan Hafetz
  • State Bar News
  • Young Lawyer Division: Upcoming Events
  • Paralegal Division: The Law School Dilemma
July / August
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  • Letters to the Editor
  • President’s Message
    Articles
  • Utah Standards of Appellate Review
  • Damages Resulting From a Lost
  • Opportunity
  • Views From the Bench
  • Book Review:
  • State Bar News
  • Paralegal Division
September / October
sep_oct
  • Letters to the Editor
  • President’s Message
  • Articles
  • Civil Crimes
  • Addicted Employees
  • Small Claims Courts
  • Focus on Ethics & Civility
  • Declining Representation
  • Book Review
  • Utah Auto Law
  • State Bar News
November / December
nov_dec
  • Letters to the Editor
  • President’s Message:
    The Pro Se Quandary
  • Articles:
    Utah Standards of Appellate Review
    Raising a Successful Batson Challenge in Jury Selection
    New Lawyer Training Program
    The Evolution and Future of theAccredited Investor Standard for Individuals
    Tribute to Bob Henderson
  • Focus on Ethics & Civility
  • Book Review
    The Creative Lawyer
  • State Bar News
  • Young Lawyer Division
  • Paralegal Division
2009 Utah Bar Journal & Articles back to top
January / February
Vol. 22 No. 1 Jan/Feb 2009
  • President’s Message: Challenging Times
  • The Irrevocable Life Insurance Trust: An Underutilized Tool
  • On Beyond GRAMA and the Open Meetings Act – The Proposal for Greater
    Transparency, Openness, and Inclusion in Salt Lake City Government
  • Workers’ Compensation & Liability Lawyers Beware: Section 111 of the MMSEA Imposes Significant New Penalties for Failing to Protect Medicare’s Interests
  • Researching and Using Utah Appellate Briefs and Other Appellate Resources
  • Lawyers are Needed to Clean up Wall Street’s Mess and Rebuild the Economy
  • Book Review: Cultural Issues in Criminal Defense – 2nd Edition, Linda Friedman Ramirez, Editor
  • Paralegal Division: Salary Survey 2008: Highlights and Analysis
March / April
March / April
  • President-Elect & Bar Commission Candidates
  • President’s Message: Change
  • President Elect’s Message: Group Health Insurance Options
  • Recent Changes to Federal Employment Laws Will Affect Utah Companies: Examining the ADA Amendments and New FMLA Regulations
  • Living With Twombly
  • Utah’s Justice Court System, a Legal Charade
  • Got Trade Secrets? No? Guess Again
  • ERISA and Plan Administrator Conflicts – Analysis and Best Practices of the U.S. Supreme Court’s Decision in Glenn
  • Researching Utah Administrative Law
  • UPDATE: Workers’ Compensation & Liability Lawyers Beware: Section 111 of the MMSEA Imposes Significant New Penalties for Failing to Protect Medicare’s Interests
  • State Bar News (Attorney Discipline)
May / June
  • Letters to the Editor
  • President’s Message: Engage in Mentoring
  • Judging the Judges
  • Looking at the Stars: Why Being a Lawyer Matters
  • Are Medical Records Now Off Limits? An Examination of Sorenson v. Barbuto
  • Do Insurance Companies Buy Insurance?
  • Serving the Client Who Is Deaf
  • Small Claims Mediation: Thoughts for Practitioners
  • Web 2.0 Tools for Utah Attorneys
  • Enforcing Civility in an Uncivilized World
  • State Bar News: Attorney Discipline
  • Paralegal Division: Pay It Forward: Community Service Opportunities in the Paralegal Division
July / August
July / August
  • President’s Message: Looking Back, Looking Forward
  • Family v. Institution – Advising Clients on the Selection of a Successor Trustee
  • Utah Law Developments – Decisions from the Utah Court of Appeals, 2008
  • Judge David K. Winder: A Model Mentor and Judge
  • Twenty Years of Bar Operations
  • Never Litigate as a Matter of Principle – Unless, of Course, You’re Being Accused of Speeding on a Bicycle
  • In Defense of the Collection Lawyer
  • Preparing for Future Development: Government Entities and Developers Should Take Time to Solve Problems that Arose During the Recent Market Boom
  • Utah Law Developments: Noteworthy Laws Passed During the 2009 Legislative Session
  • State Bar News: Attorney Discipline
  • Young Lawyer Division: Thank You to the 2008-2009 Young Lawyer Division Executive Council
  • Paralegal Division: 20th Anniversary of Paralegals’ Day – Recipient of Utah’s 2009 Distinguished Paralegal of the Year Award
September/October
Utah Bar Journal Cover
  • President’s Message: Protection the Critical Role of our Fair and Impartial Courts
  • Judicial Independence and Civics Education by Sandra Day O’Connor
  • Utah Law Developments: Summary of Significant Utah Supreme Court Cases 2008-2009 by Justice Ronald E. Nehring
  • Should We Put the Death Penalty on the Chopping Block? by Ralph Dellapiana
  • Analyzing Mechanics’ Lien Claims: A Few Suggestions by Spencer Macdonald
  • Utah LLCs vs. Other State LLCs: When Should Attorneys Consider Forming LLCs Outside Utah? by Justin J. Atwater and Russell K. Smith
  • Before the Utah Bar Journal by Mari Cheney
  • State Bar News
  • Young Lawyer Division: Young Lawyer Division Celebrates Pro Bono Opportunities
  • Paralegal Division: Propagating Paralegal Punditry by Aaron L. Thompson
November/December
Cover
  • President’s Message:
    Welcoming 320 New Lawyers Into Our Fold: A Force of 10,000 Problem Preventers and Solvers by Stephen W. Owens
  • Articles:
    Maintaining Good Client Communication: An Ethical Responsibility and Practical Imperative by Aaron Bartholomew and Carolyn E. Howard
  • Metadata Minefield, Utah Rules
    by Steven L. Nichols
  • Father of the Bride
    by Rev. Learned Ham
  • Indigent Defense in Utah: Constitutionally Adequate?
    by Marina Lowe
  • Warning: Your Name Might Be Listed Here by Joanne C. Slotnik
  • Researching the Servicemembers Civil Relief Act
    by Mari Cheney
  • State Bar News
  • Paralegal Division:
    2009–2010 Paralegal Division Board of Directors by Aaron L. Thompson
2008 Utah Bar Journal & Articles back to top
January / February
January / February 2008
  • President’s Message: Lawyer Assistance in Utah – Let Us Help
  • A Friend in Need
  • What to Expect When You Call Lawyers Helping Lawyers
  • LHL: Reflecting the Principles of the ABA Model
  • Why Are So Many Lawyers Depressed?
  • “Ain’t Stress Grand?”
  • A Sober Look Back
  • Stress in Practicing Law and How to Minimize it from the Perspective of a Family Law Practitioner
  • Lessons from Recent Utah Legal Malpractice Cases
  • Stress Management for New Lawyers, Or “You Can Do It!”
  • My Mentors
  • Reducing Stress
  • Book Review: The 4-Hour Workweek: Escape 9-5, Live Anywhere, and Join the New Rich by Timothy Ferriss
  • Book Review: Law & Mental Health Professionals – Utah by Leslie Pickering Francis and Linda F. Smith
  • Paralegal Division: Medical Expert Testimony: A View From the Utah Supreme Court
March / April
Volume 21 No. 2 March / April 2008
  • President-Elect and Bar Commission Candidates
  • The Ethical Utah Lawyer: What Are the Limits in Negotiation?
  • Bankruptcy Exemption Planning: Counseling in Shades of Gray
  • Dealing with Metadata in the Non-Discovery Context
  • Interpreting Rules and Constitutional Provisions
  • Utah Law Developments: Ellis v. Estate of Ellis: The Unequivocal Death of Interspousal Immunity in Utah
  • Views from the Bench: Senior Attorneys for Low-Income Litigants
  • Book Review: Blind Justice? A Review ofMissing Witness by Gordon Campbell
  • Book Review: Business and Commercial Litigation in Federal Courts, Second Edition Edited by Robert L. Haig
May / June
May / June 2008
  • President-Elect and Bar Commission Candidates
  • Utah Supreme Court Establishes Professionalism Counseling Program
  • Well, What Did You Expect? The Utah Supreme Court Discusses “Accidents”
  • Going Green in a Red State
  • Utah Law Developments: 2007 Case Summaries
  • Young Lawyers Division: Wills for Heroes – Providing Valuable Community Service to First Responders
  • Paralegal Division: Notary Public Issues
July / August
July / August 2008
  • President’s Message: Giving Generously
  • Drawing the Short Straw – Mortgage Fraud and Straw Buyers
  • The Commercial Loan Guaranty – Types & Techniques
  • An Enigmatic Degree of Medical Certainty
  • Winning Arguments Supporting the “Made Whole” Doctrine
  • Utah Law Developments: Skeptics at the Gate – The 2007 Revisions to Rule 702, Utah Rules of Evidence
  • Utah Law Developments: Highlights from the 2008 Legislative Session
  • Book Review: No One Makes it Alone by Andrew A. Valdez
  • Book Review: With Hope Across America, A Father-Daughter Journey by Bob Braithwaite
  • Paralegal Division: Congratulations Deb Calegory: Recipient of Utah’s 2008 Distinguished Paralegal of the Year Award
  • Paralegal Division: Making a Difference in the Legal Profession and the Community
September / October
September / October 2008
  • President’s Message: Professional Relationships by Nathan D. Alder
  • Riding High With Your Mediator: The Do’s and Don’ts of Effective Mediation Advocacy by Tracy L. Allen
  • ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry by Loren M. Lambert
  • A Primer on the National Vaccine Injury Compensation Program by Christopher J. Rogers
  • An Open Letter to the Newly Established Utah Supreme Court Professionalism Counseling Program Board by Eric K. Johnson
  • John Hill, Public Defenders’ Long-Time Leader, Retires
  • Views from the Bench: Report from 7500 Feet by Justice Michael J. Wilkins
  • Views from the Bench: Statements of Material Fact: Increasing Effectiveness and Avoiding Pitfalls by Judge Anthony B. Quinn and Joanna E. Miller
  • Book Review: Convictions: A Prosecutor’s Battles Against Mafia Killers, Drug Kingpins, and Enron Thieves by John Kroger
    Reviewed by Ralph Dellapiana
  • Book Review: How to Build and Manage an Estates Practice, Second Edition by Daniel B. Evans, Esq. Reviewed by Nathan C. Croxford and Andrew L. Howell
  • Paralegal Division: Introducing the Paralegal Division’s New Officers and
    Directors for 2008-09 by Julie L. Eriksson, Chair
November / December
November / December 2008
  • President’s Message: The Bar is Looking for a Few Good Mentors by Nathan D. Alder
  • Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens? by R. Spencer Macdonald
  • Utah Law Developments: Unbundled in Utah by Virginia Sudbury
  • Utah Law Developments: A Notary Primer for Utah Attorneys by Scott M. Ellsworth
  • The Spider to the Fly by Just Learned Ham
  • Utah Legislative History Research Tips by Mari Cheney
  • Utah Law Developments: Legislative Update: Senate Bill
  • “Check Cashing and Deferred Deposit Lending Registration Act” by Jill O. Jasperson
  • Paralegal Division: When Witnesses Attack: Dealing With Third-Party Harassment and Threats
2007 Utah Bar Journal & Articles back to top
January / February
January / February 2007
  • President’s Message: A Mid-Term Report
  • Blind Guides: The Difficult Task of Comprehending the Law
  • Going Dark – An Alternative to Sarbanes-Oxley Compliance
  • Keep Dreaming
  • Attorney Fee Discrimination for Solo Practitioners?
  • Going to Court in Babylon
  • A Precious Birthright or Federal Porridge: Which Should Utah Lawyers Choose?
  • Electronic Filing in Federal Court: Where are We Now?
  • Utah Law Developments: The Paperless Deposition
  • Standards of Professionalism and Civility: Standard 19
  • Views from the Bench: Judge Disqualification Rules in Action
  • The Young Lawyer: The Young Lawyer Division in 2007
  • Paralegal Division: Nonlawyers Help Keep Lawyers out of the “Discipline Corner”
March / April
March / April 2007
  • President’s Message: Access to Justice – We Are Not There Yet
  • President-Elect & Bar Commission Candidates
  • Veni, Vidi, Vici: The Brave New World of E-Discovery
  • Net Operating Losses: Preserving What You Never Wanted in the First Place
  • When Lawyers Become Pre-Law Advisors
  • The Rapid Evolution of Climate Change Law
  • The Justice Gap: The Unmet Legal Needs of Law-Income Utahns
  • Practicing to Practice: Scholastic Debate as Law-Related Education
  • Review: Sundance 2007
  • Standards of Professionalism and Civility: Standard #10
  • Paralegal Division: What Is Paralegal Work? – The Utah Supreme Court Offers a Three-Pronged Test
May / June
  • President’s Message: Make a Difference, Be a Mentor
  • The Utah Court of Appeals – Twenty Years Later
  • BYU Alumni Women’s Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers
  • Utah Law Developments: Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings
  • Utah’s Parental Involvement Law: Minors’ Access to Abortion
  • Laying the Foundation
  • How to Advise Employers on Immigration Issues
  • Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?
  • The Strength is in the Research
  • Update: The Utah State Law Library
  • Standard #1 – Principles that Span the Generations
  • Beyond Civility for Paralegals
July / August
July / August 2007
  • President’s Message: A Few Parting Thoughts
  • Advance Health Care Planning in Utah
  • Utah Law Developments: Noteworthy Laws Passed During the 2007 Legislative Session
  • When Does a Skier Become a Trespasser?
  • Unsworn Declarations in Lieu of Affidavits: Increasing Efficiency of Practice Under the Utah Rules of Criminal and Civil Procedure and the Utah Rules of Evidence
  • Synopsis of Recent Criminal Case Law Pertaining to Fourth Amendment Issues and Incredible Evidence
  • Juvenile Defense in Utah
  • Arbitration – In Trouble Again?
  • Book Review: Thunder Over Zion: The Life of Chief Judge Willis W. Ritter by Parker Nielson and Patricia Cowley
  • Utah Bar Foundation: The Utah Supreme Court IOLTA Program Announces 2007-2008 Grant Awards
  • Standard #5: Proceed With Caution in Seeking Sanctions
  • The Paralegal Division Supports Access to Justice and Recognizes its Distinguished Paralegal of the Year
September / October
September/October 2007
  • President’s Message: Greetings
  • Ten Ways the Bar Can Be Improved
  • An Open Discussion of 10 Ways
  • The Supreme Court Decision in Twombly: a New Federal Pleading Standard?
  • Implementing Flat Fees in Your Practice
  • WiFi in Utah: Legal & Social Issues
  • Book Review: Later in Life Lawyers: Tips for the Non Traditional Law Student
  • The Paralegal Division: Introducing the Paralegal Division’s New Officers 7 Directors for 2007-2008
November / December
BarJournal 2007 Nov & Dec
  • President’s Message: Professinally Insured…To Be or Not To Be
  • The Diversin Process in Disciplinary Cases: Utah Rule 14-533
  • The First Decade: The Consumer Assistance Program Has Proven Itself to Be a Valuable Program
  • Helping Our Clients Tell the Truth: Rule of Professional Conduct 2.1 in Criminal Cases
  • SEC Recievers: What Are They and What Do They Do
  • Utah Control Shares Acquisitions Act
  • Book Review: The Ministry of Special Cases
  • The Young Lawyer: The Young Lawyers Division Update
  • The Paralegal Division: The How To Guide for Membership in the Paralegal Division: What Are the Requirements and Career Benefits of Membership?

2006 Utah Bar Journal & Articles back to top

January / February
January / February 2006
  • Update on the End-of-Life Issues in Utah
  • The Estate Planner / Insurance Salesman and the Fiduciary Duty of Loyalty
  • The Road Ahead for the Practice of Elder Law
  • Why a Private Conservator?
  • Private Care Management – Professional Assistance for the Care of Elderly and/or Disabled Clients
  • Assisted Living in Utah: A Brief Overview for Consumers
  • The Bible of Elder Law
  • A Conservative View of the Originalist View of the Bill of Rights
  • The Dangers of Overreacting to “Judicial Activism”
  • Views from the Bench: Lessons from Kindergarten
  • Standards of Professionalism & Civility: Standard 14 – Professional Courtesy
  • Paralegal Division: The Unauthorized Practice of Law
March / April
March / April 2006
  • President-Elect & Bar Commission Candidates
  • Commissioner’s Report: Free, Statewide, Confidential, 24 Hour Mental Health Help Added to Bar’s Lawyers Assistance Program
  • Utah State Bar Unveils the Lawyers Assistance Program (LAP)
  • The First 50: “Celebrating Diversity in the Law”
  • The Utah Office of Guardian ad Litem: How You Can Help A Child In Need
  • Phishing and Pharming and Trojans – Oh My!
  • SPYWARE: Living in a Cyber-Fishbowl
  • Finding a Solution to the Problem With Finders in Utah
  • A Guide to the Administrative Safeguards of HIPAA’s Security Rule
  • Utah Law Developments: There’s a new Lien Law in Town: Are Your Lien Rights Protected?
  • Standards of Professionalism & Civility: Standard 12
  • Young Lawyer Division: 2005 Year in Review – Looking Ahead to 2006
  • Paralegal Division: The “How to Guide” for Membership in the Paralegal Division
May / June
May / June 2006
  • Along for the Ride?: Warrant Checks and the Status of Passengers During Traffic Stops in Utah
  • Preserving State Constitutional Issues in the Trial Court
  • Special Masters, Receivers, and the Duty to Marshal Evidence
  • Henriod, Dissenting
  • Geologic Hazard Disclosure Laws: Why They Make Sense
  • Utah Law Developments: Gallegos ex rel Rynes V. Dick Simon Trucking
  • Views from the Bench: First Impressions
  • Standards of Professionalism & Civility: Standard 17
  • Paralegal Division: Message from the Chair
July / August
July / August2006
  • Violence Against the Utah Legal Profession – a Statewide Survey
  • Separating Powers: Judiciary’s Constitutional Claim on Procedural and Evidentiary Matters
  • Separation of Powers
  • Constitutional Adjudication
  • Fee Arbitration
  • “Max 25″ is Retiring – the End of an Era in Utah Law Enforcement
  • “A Relatively Simple Matter” – Navigating the Utah Discovery Rule
  • Utah Law Developments: Parduhn Me: the Utah Supreme Court and the Insurable Interest Requirement
  • Standards of Professionalism & Civility: Standard 15 – of Calendars, Courtesy, and Holiday Weekends
  • Book Review: “Saviors” by Paul Eggers
  • Paralegal Division: Message from the Chair
September / October
September / October 2006
  • Mr. Gray Goes to Washington
  • Why Lawyers Matter
  • Tax Matters: Statute of Limitation
  • Bankruptcy Alternatives in the Face of Recent Bankruptcy Abuse Prevention and Consumer Protection Act
  • Utah Enacts the Uniform Environmental Covenants Act (“UECA”)
  • Crimes, Truth and Videotape: Mandatory Recording of Interrogations at the Police Station
  • Utah Law Developments: Recent Developments in Criminal Investigation and Discovery: Access, Disclosure and Use of Information in the Criminal Defense Realm
  • Utah Law Developments: Antitrust Immunity for Utah’s Political Subdivisions: The Utah Supreme Court’s Opinion inSummit Water v. Summit County
  • Standards of Professionalism & Civility: Standard 20 – Just Doing the Right Thing
  • Paralegal Division: Message from the Chair
75th Anniversary Special Issue
75th Anniversary Special Issue
  • President’s Message: The Past, the Present, and the Future of our Bar
  • Best Wishes and Many Thanks from the Chief Justice
  • Separate Branches, Balanced Powers: Governing the Judicial Branch
  • Seventy Five Years and Four EDs Later
  • Richard L. Bird, Jr. – Utah’s Most Senior Practicing Attorney
  • From the Desk of the General Counsel
  • The More Things Change, the More They Stay the Same: Investigating and Prosecuting Allegations of Attorney Misconduct
  • Utah Minority Bar Association Receives Prestigious Honors – Thanks Utah State Bar and Bar Members for Support
  • Women Lawyers of Utah: How it All Started
  • Small Claims Court: A Conversation with Scott Sabey and Tim Shea
  • Questions You Might Ask About the History of the Utah Bar Journal
  • The Utah State Bar Presents Lifetime Achievement Awards at 75th Anniversary Celebration Dinner
  • The Young Lawyers of the Utah State Bar
  • Paralegal Division: Congratulations on 75 Years!
November / December
November / December 2006
  • President’s Message: Civility, the Hallmark of our Profession
  • Promoting the Standards of Professionalism and Civility
  • Utah Standards of Professionalism and Civility
  • Honest Lawyers Make Good Lawyers Thoughts on Ethics and Civility in the Legal Profession
  • Enforcing the Standards of Professionalism and Civility
  • Civility and Chivalry
  • Need Help on Professionalism Training in Your Office? Call Us.
  • Civility in the Practice of Law: A Young Lawyer’s Perspective
  • A Professionalism Quiz: How Does Your Conduct Measure Up?
  • Views from the Bench: What I Know Now that I Wish I Had Known When I Was Practicing
  • Paralegal Division: Civility for Paralegals

2005 Utah Bar Journal & Articles back to top

January / February
January / February 2005
  • Managing Pandora’s Box: Recognizing and Handling the Privacy Risks Associated with Electronic Access to Court Records
  • Justice Courts – the People’s Court
  • Improving our Profession, and Theirs, Too, I Guess
  • Standards of Professionalism & Civility: Standard 18 – Deposition Conduct
  • The Young Lawyer: Young Lawyers Continue in Their Commitment to the Community
  • Paralegal Division: Mentoring Legal Professionals
March / April
March / April 2005
  • President’s Message: Dear Bar Members:
  • Bar Commission Candidates
  • Take the Oath, it Doesn’t Matter Anyway
  • Practice Pointer: Common Misconceptions About the Office of Professional Conduct and the Disciplinary Process
  • New Highways Under an Old Law? R.S. 2477 and its Implications for the Future of Utah’s Federal Public Lands
  • Valuing Intangible Assets in Bankruptcy Cases
  • The High Court in Cyberspace: A Preview of MGM Studios v. Grokster
  • Views from the Bench: Speaking Objections
  • Standards of Professionalism & Civility: Standard 2 – Civility, Courtesy and Fairness
  • Paralegal Division: Pilot Electronic Filing of Debt Collection Complaints
May / June
May / June 2005
  • Why Don’t They Like Us? Why Don’t They Respect Us?
  • Standards for Standards’ Sake: Questioning the Standards of Professionalism and Civility
  • Outsourcing – for Easy, Effective Data Protection
  • Some Thoughts Concerning Trustee Selection
  • Utah Law Developments: New Laws Every Lawyer Should Know
  • Standards of Professionalism & Civility: Standard 11 – Ex Parte Communications
  • Paralegal Division: Paperless? Hah! Less Paper – Absolutely Basic Records Management Concepts
July / August
July / August 2005
  • “Making Law” and “Finding Facts” – Unavoidable Duties of an Independent Judiciary
  • Get Ready for the Bankruptcy Amendments of 2005
  • Bankruptcy Litigation: Some Practical Pointers
  • A Guide to the Foreign Corrupt Practices Act
  • Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them
  • Federal Appeals: The Scoop on Electronic Submission and Filing
  • Views from the Bench: Learning Professionalism and Civility – Thoughts for New Members of the Bar
  • Standards of Professionalism & Civility: Standard 8
September / October
September / October 2005
  • President’s Message: Many Hands Make Light Work
  • Commissioner Report: Why the Bar Might Mandate Disclosure of Uninsured Practice
  • Commissioner Report: Is Mandating Disclosure in Your Fee Letter That You Do Not Carry Malpractice Insurance a Sound Idea?
  • Considerations in Purchasing and Using Malpractice Insurance
  • ERISA Standards of Review and the Administrator’s Conflict of Interest
  • Migrating the Utah State Bar to VoIP: Motivations and Lessons Learned
  • Maneuvering Through Mediation: The Tricks, Twists and Turns of Finding Untracked Powder – Resolution
  • Standards of Professionalism & Civility: Standard 6 – Adherence to Promises & Commitments
  • Utah Bar Foundation
  • Book Review: Overcoming The 6-Minute Life: How and Why The Legal Profession Should Free Itself From Billable Hours
  • Paralegal Division: Why Paralegal Certificate Counts
November / December
November / December 2005
  • Practice Pointer: Ethical Considerations for Office Sharing
  • The Tyranny of the Courts
  • An Analytic Approach to Defining the “Practice of Law” – Utah ‘s New Definition
  • Reflections on Poverty, Bankruptcy, and Heresy
  • Applying the Standards of Professionalism and Civility to the Practice of Criminal Justice
  • Utah Law Developments: Utah’s Newest Anti-Spam Law: The Child Protection Registry
  • Standards of Professionalism & Civility: Standard 3 – Baby Steps. . . Toward Civility
  • Book Review: Life in the Law: Answering God’s Interrogatories Galen L. Fletcher and Jane H. Wise, editors
  • Paralegal Division: Results of the Beta Test of the Utilization/Salary Survey – 2005

2004 Utah Bar Journal & Articles back to top

January / February
January / February 2004
  • Contingency Fees: Should They Be Limited in Personal Injury Cases That Settle Early?
  • The Proposed Contingent Fee Restrictions Are Unfair, Unreasonable, Unworkable and Wrong
  • Utah’s New OneStop Business Registration Website
  • Diversity Pledge Marks New Chapter in History of Utah State Bar
  • What is an Agricultural Cooperative, Anyway? COOP 101
  • Private Income Withholding for Collections of Child/Spousal Support NON IV-D Collection Services
March
March 2004
  • President’s Message: “AND JUSTICE FOR ALL” Nominated for ABA National Public Service Award
  • Utah Law Developments: Spoliation in Utah – A Problem in Search of a Remedy
  • Digital Photograph as Evidence in Utah Courts
  • Practice Pointer: Disengagement Letters
  • A Problem of Perception: Race and the Legal System in Utah
April
April 2004
  • President’s Message: By Creating Safe Harbors For Non-Lawyers, the Proposed UPL Rule Will Increase Access to Legal Services
  • President-Elect & Bar Commission Candidates
  • Practice Pointer: Training and Supervising Non-Lawyer Assistants
  • Making Appeals More Child Friendly
  • Attorneys and Child Abuse Reporting Statute
  • Utah Law Developments: Significant Utah Criminal Law Decisions In 2003
  • Utah State Bar Celebrates the 50th Anniversary of the Brown v. Board of Education Supreme Court Decision
May ProBono Special
May 2004 Pro Bono Special Issue
  • Creating Access to Justice: Moving Toward Success A View From the Trenches
  • Utah State Bar Pro Bono Program
  • Why & Where Utah Attorneys Volunteer & Provide Public Service
  • Building a Tibetan Family’s Home – Pro Bono and Quite by Accident
  • The Multi-Cultural Legal Center
  • The Salty Soup: Some Thoughts on Access to Civil Justice
  • Community Lawyering
  • Needs of Elderly Committee Pro Bono Project
June / July
June / July 2004
  • President’s Message: That Went Fast!
  • Views from the Bench: The View from the Electronic Bench
  • My Evolution from Paper-pusher to Key-clicker
  • Ten Reasons You May Just Like CM/ECF
  • Roska and the Warrant Requirement in Utah Child
  • Protection Law
  • Practice Pointer: The Snitch Rule
  • Enlightened Self-Interest
  • Utah Law Developments: 2004 Legislative Update
August / September
August / September 2004
  • Practice Pointer: When Can a Lawyer End an Attorney-Client Relationship?
  • Possible Defense Responses to Plaintiff’s “Experts”
    Mental Illness, Addiction and Attorneys
  • Facsimile Advertising and the Requirement to Get Signed, Written Consents
  • The Utah Marshaling Requirement: An Overview
  • Objectives of Revocable Trusts
  • Utah Law Developments: Can You Amend That Revocable Trust? – Utah Estate Planning Lawyers Face a Trap for the Unwary
  • Views from the Bench: Remember, for Every Case
    Won at Oral Argument, the Other Side Loses
  • Book Review: Reading Lolita in Tehran, by Azar Nafisi and The Last Summer of Reason, by Tahar Djaout
October
October 2004
  • Practice Pointer: Neither a Borrower Nor a Lender
  • Cracking the Computer Forensics Mystery
  • Judicial Disqualification in Utah
  • An Overview of State Sovereign Immunity in the Federal System
  • Casemaker Coming Soon
November – Special Water Law Issue
November 2004 Special Water Law Issue
  • Parched: The Future of the Glen Canyon Dam in a Drier West
  • Miccosukee: Can the Mere Transport of Unaltered Water Violate the Clean Water Act?
  • Utah Law Developments
  • Let It Flow: Wading Through Utah’s Instream Flow Statute
  • Targeting Runoff: Storm Water Permitting & Enforcement
  • Look Before You Fill! Dredge and Fill Permitting under § 404 of the Clean Water Act – by H. Michael Keller
December
December 2004
  • Practice Pointer: Managing Your Trust Account
  • I Will Not Take The Oath (Unless I Really Have To)
  • The Construction Attorney’s Toolbox – Building Solutions
  • Utah Law Developments: Employment Law Update: November 2002 – November 2004

2003 Utah Bar Journal & Articles back to top

January / February
January / February 2003
  • President’s Message: Who Are We? The Demographics of the Utah State Bar
  • A Look at Lawyers Helping Lawyers
  • Stress Management
  • Disaster Plans and Other Unpleasant Subjects for Attorneys in Private Practice
  • The Single Most Profitable Technology?
  • The Unsolicited Email Act and Anti-Spam Litigation
  • Views From the Bench: Reflections and Observations
  • In Memoriam: Robert Wayne Swenson, University of Utah College of Law
March
March 2003
  • President’s Message: Multijurisdicational Practice Rule Approved
  • Rule for Admission of Lawyers Licensed in Other States or Territories of the United States or the District of Columbia to Practice Law in Utah
  • A View From the Other Side of the Fence
  • Practice Pointer: An Attorney’s Duty to Maintain Confidentiality of Information Relating to Representation of a Client
  • What’s That on the Runway
  • Unbundle Your Practice: Increase Profits by Coaching Clients
  • Views From the Bench: Real World Descriptions of Legal Terms
  • Reversible Errors
April
April 2003
  • President’s Message: Marbury v. Madison
  • President Elect & Bar Commission Candidates
  • Demotion and Discharge of Municipal Employees in Utah
  • Practice Pointer: Using “& Associates” in a Firm’s Name
  • Views From the Bench: Practices of Successful Lawyers Appreciated by Trial Judges
  • Utah Law Developments: Important Utah Decisions, 2002
  • The Dollars and Sense of Utilization of Legal Assistants
May
May 2003
  • President’s Message: Substitute House Bill 349 and the Definition of the Practice of Law
  • Practice Pointer: Fee Agreements
  • The Final Judgment Rule: Appealability and Enforceability Go Hand in Hand
  • Getting Past the Name Calling: A Framework for Analyzing Affirmative Action Plans
  • Free Online Legal Research as a Bar Benefit: The CaseMaker Option
  • Views From the Bench: The Constitutional Guarantee of an Independent Judiciary
  • Utilizing Legal Assistants in Your Family Law Practice
June / July
June / July 2003
  • President’s Message: The Year in Review
  • Practice Pointer: Sex, Lies and the OPC
  • Weapon-Free Courthouses and the Gun Locker Dilemma
  • Community Property Issues Can Arise Where Least Expected
  • Law and Unity on Main Street
  • M&A Transactions Under Utah’s New “Fairness Hearing” Statute
  • Views From the Bench: Freedom and Independent Courts
  • Book Review: An Accidental Soldier – Memoirs of a Mestizo in Vietnam
  • Legal Assistants Division: Legal Assistant Utilization May Optimize Client Services in Litigation Practice
August / September
August / September 2003
  • President’s Message: New Bar Programs on the Horizon
  • That Frayed Rope
  • Views from the Bench: We Are All In This Together
  • Darkest Before Dawn
  • Relapse Prevention
  • My Mother, My Father, and Me – A Story About a Childhood and the Effects of Suicide and Substance Abuse
  • Effective Stress Management
  • Lower Your Stress with these Law Management Tips
  • Bottom of the Totem-Pole Blues
  • The History and Purpose of Lawyers Helping Lawyers
October
October 2003
  • President’s Message: Utah State Bar Members Give $8.9 Million to Legal Services for the Poor
  • Mandatory Binding Arbitration of Medical Malpractice Claims in Utah
  • Lawyers and the Rule of Law
  • Ten Traps to Avoid on the Internet
  • Before the Bench: The Utah Senate and Judicial Confirmation
  • Practice Pointer: Things to Consider in Drafting a Yellow Pages Ad
  • Utah Law Developments: 10 Changes to the Law Every Lawyer should Know From the 2003 Utah Legislative Session
November
November 2003
  • President’s Message: Adopt the Diversity Pledge
  • Electronic Discovery: New Power, New Risks
  • Obtaining Medical Records After HIPAA: New Federal Privacy Protections Change the Rules for Attorneys
  • USERRA: Navigating Uncharted Legal Territory
  • Utah Law Developments: Obtaining and Maintaining State Trademarks in Utah
December
December 2003
  • President’s Message: “Unbundling” Legal Services in Utah
  • Practice Pointer: Representing a Client With Diminished Capacity
  • Fair Value in Utah
  • Making Your Case at the Legislature
  • Helpful Employment Law Websites
  • Utah Law Developments: Utah’s Revised Uniform Arbitration Act: A Makeover for the Face of Arbitration
  • Views From the Bench: Supreme Court Adopts Professionalism Standards

2002 Utah Bar Journal & Articles back to top

January / February
January / February 2002
  • The President’s Message: A Prayer for the Professions
  • Avoiding Legal Malpractice Claims
  • Aspirational Morality: The Ideals of the Professionalism
  • Judicial Independence and the Blame Game: The Easiest Target is a Sitting One
  • Views From the Bench: The View From Here
March
March 2002
  • The President’s Message: Is the Office of Professional Conduct the Grand Inquisitor? What Lawyers Need to Know if Faced with a Bar Complaint
  • Nexus & Remote Sellers: The Taxation of Electronic Commerce
  • Only Until Payday: A Primer on Utah’s Growing Deferred Deposit Loan Industry
  • How the Economic Growth and Tax Relief Act of 2001 Affects Basic Estate Planning Strategy – Tax and Non-Tax Considerations
  • Views From the Bench: 15th Anniversary of the Utah Court of Appeals
April
April 2002
  • The President’s Message: Lionel Frankel
  • Revised UCC Articles 9: Utah “Filing Office” Update
  • Trademarks 101
  • Aspirational Morality: The Ideals of Professionalism – Part II
  • Utah Law Developments: Seven Cases That Shaped the Internet in 2001, or the First Thing We Do, Let’s Kill All the Lawyers – Part I
May
May 2002
  • Response to the President’s Message: The Price We Pay (or, Two Fortunes for Bob)
  • Chapter 13 Bankruptcy: Determining the Appropriate Fair Market Value
  • Me? A Collection Attorney? Hardly! I Am a Litigator With High Visibility Clients. The FDCPA is for ‘Debt Collectors’!
  • Utah Law Developments: Legislative Update: 2002 General Legislative Session
  • Book Review: Letters to young Contrarian
June / July
June / July 2002
  • President’s Message: Read this Please! (at least read some of it)
  • Arbitration Advocacy: Preparing the Case
  • Pro Bono Legal Services: The Bigger Picture
  • Admitting Child Hearsay Statement’s of Child Sexual Abuse: Can Courts Determine Reliability?
  • When Gunzilla (Federal Gun Control Act of 1968) Meets Queen Cong (Utah’s Domestic Violence Statutes) Your Client Could Get Stepped On
  • Utah Law Developments: Recent Changes and Developments in the Utah Rules of Evidence: Definitive Evidence Rulings, Character Evidence, Expert Testimony, and Business Records
  • The History and Contemporary Content of Constitutional Mandates for Public Education: Obligations of the Judicial Branch
August / September
August / September 2002
  • President’s Message: Dialogue on Freedom – An Opportunity for Utah Lawyers to Make a Difference
  • Commissioner Report: Commission Recommends Modification of Bar Exam by Adding MPT
  • The Judges’ Benchbook – ww.utlitsec.org
  • The Appointment of Special Masters in High Conflict Divorces
  • Probate Mediation in Utah: Where did it Come From, Where is it Now, Where is it Going?
  • Utah Law Developments: Seven Cases That Shaped the Internet in 2001 or the First Thing We Do, Let’s Kill All the Lawyers, Part II
October
October 2002
  • President’s Message: The Community Legal Center Becomes a Reality Through the Efforts and Generosity of Many
  • Truth or Dare: Assessing the Reliability of Financial Statements in a Post-Enron World
  • Lip Service and Diversity in the Legal Profession: Time for a Reality Check
  • Common Errors in Cross-Examination, or Five Bad Habits of Highly Ineffective Cross-Examiners
  • Utah Law Developments: Recent Changes to Utah’s Trust Deed Statutes
  • Views From the Bench: In Discharge of a Self-Imposed Sentence
  • Book Review: Strangers in the House: Coming of Age in Occupied Palestine and Revenge: A Story of Hope
November
November 2002
  • President’s Message: Dialogue on Freedom – A Resounding Success
  • Contaminated Property Transactions After 2002 Superfund Brownfield Amendments
  • Arbitration Advocacy Part Two: The Arbitration Hearing
  • The New New New Thing Web Services on the Horizon
  • Appendix A
  • Utah Law Developments: Employment Update: Recent Decisions From the Utah State Courts
December
December 2002
  • President’s Message: Supreme Court Committee on Delivery of Legal Services Submits Its Report
  • Commissioner Report: Utah State Bar Explores Delivery of Legal Services to Middle Class
  • Practice Pointer: The Rule Against Threatening Criminal Prosecution to Gain an Advantage in a Civil Matter
  • A Few Words of Caution About Computer Presentations
  • Are You Riding a Fine Line? Learn to Identify and Avoid Issues Involving the Unauthorized Practice of Law
  • Utah Law Developments: Seven Cases That Shaped the Internet in 2001 or “The First Thing We Do, Let’s Kill All the Lawyers” Part III
  • In Memoriam: Remembering Ron Boyce – Teacher, Judge and Friend

2001 Utah Bar Journal & Articles back to top

March
March 2001
  • President’s Message: Sharing, Selecting and Supporting
  • An Increasingly Violent Profession
  • The Exaggerated Death of the Subchapter S Corporation – Part II
  • A Cash Flow Primer for Attorneys
April
  • The Executive Director’s Message: We Are Not Alone
  • Utah Zoning Law: The Zoning Ordinance
  • Utah’s “New” Tax Court – An Important Step in Leveling the State Law Playing Field
  • The Case Against MDPs: The Soul of Our Profession is at Stake
  • The MDP Question: Should We Board the Train to the Future or Lie Down in Front of It?
  • From the Get-go to the End of the Day
  • Legislative Highlights
  • Law School Pro Bono Initiative
May – Special Elder Law Issue
  • The President’s Message: Choosing for the Future of the Bar
  • Overview of Elder Law
  • Social Security Changes. . . As We Do
  • Determining Capacity: Is Your Older Client Competent
  • Medicaid, An Incredibly Brief Overview
  • Views From the Bench: Some Current Causes for Popular Dissatisfaction With the Administrative of Justice
  • Case Summaries
June / July
  • The President’s Message: Preparing for Practice in 2010
  • New Revisions to Utah’s Limited Liability Company Act – The LLC Revolution Rolls On
  • Utah Revised Nonprofit Corporation Act
  • Utah Zoning Law: Enforcement
  • Mediator Focus: Mediation Advocacy in a Nutshell
  • Views From the Bench: Civility and Advocacy
August / September
  • The President’s Message: Show Me the Money!
  • New Revisions to Utah’s Limited Liability Company Act – The LLC Revolution Rolls On
  • Guardianships and Conservatorships
  • Utah Zoning Law: Appeals
  • Justice Court, Fairness and the Law
  • Views From the Bench: A Life Celebrated
  • Utah Law Developments: Recent Amendments to the Federal Rules of Civil Procedure for Utah Practitioners
October
  • The President’s Message: The Bar, the Courts, the Legislature and the Unauthorized Practice of Law
  • Affirming the Untested – Affirming a Trial Court Based on Issues Raised Sua Sponte
  • LDS and Judicial Perspectives on Stories from Jewish Tradition
  • New Revisions to Utah’s Limited Liability Company Act – The LLC Revolution Rolls On
  • Office of Public Guardian
  • Utah Law Developments: Update on Environmental Law
  • Book Review: The Genesis of Justice
November
  • The President’s Message: What Lawyers Can Do in Times Such as These
  • The Bar, the Courts, Criminal Justice and the Olympics: Handling the Impact of the Olympic Games on the Courts, Law Practice and Criminal Justice in Utah
  • Fighting Back on the Internet: A Primer on the Anticybersquatting Consumer Protection Act
  • Practice Pointers for Effective Lawyering
  • Consumer Assistance Program
  • Mediator Focus: Early Neutral Evaluation
December
  • The President’s Message: The Saying of D. Frank Wilkins
  • INS v. St. Cyr: The Supreme Court and Draconian Congressional Criminal-Immigration Laws
  • Utah’s DNA Actual Innocence Bill
  • Justice Court, Fair and Legal
  • Views From the Bench: Education for Justice in Utah
  • Mediator Focus: Paths to Mediation, with Sample Clauses

June / July 2000 – January 1999 back to top

1996-1998 back to top

1995-1992 back to top

1991-1988 back to top

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