Minutes of April 10, 2002 Meeting

The Executive Committee of the Litigation Section met on Wednesday, April 10, 2002, at 8:00 a.m., at the Law and Justice Center in Salt Lake City.

1. Attendance. Executive Committee members present were Bruce Badger, Willis Orton, Lisa Jones, Lee Curtis, Mike Petrogeorge, Wayne Klein, Debra Moore, Clay Simms, Deno Himonas and Nan Bassett.

2. Approval of Minutes. The minutes from the last meeting were reviewed and approved.

3. New Members. We noted the resignation of Brent Manning and welcomed both Lee Curtis and Nan Bassett as new members of the Executive Committee.

4. Mid-Year Bar Meeting in St. George. Willis Orton reported that the meeting went well. We sponsored two breakout sessions; one with Doug Cannon on the damages aspects of personal injury cases and the other with Prof. Jerry Williams of BYU Law School on negotiation. Both were well-attended. The overall attendance numbers were down to less than four hundred, from the usual five hundred or so.

5. Debra Moore. Debra is running for President-Elect of the Utah State Bar against Denise Dragoo. She outlined her background and qualifications for us, first in private practice and then with the Litigation Division of the Attorney General's Office. She does mainly employment defense litigation and supervises about ten lawyers and paralegals. She has served as a Bar Commissioner for two elected terms and two years as a member of the Executive Committee and has much knowledge of the inner workings of the Bar. She is currently the Bar's representative on the Judicial Council. Her vision as President-Elect centers on a long-range plan-- the Bar faces some critical issues that can only be addressed through a long-range plan, including changes in the delivery of legal services, professionalism and civility, and keeping track of members. She is in favor of the Multi-Jurisdictional Practice proposal, but she does not intend to revisit the mandatory pro bono reporting rule.

6. Annual Meeting. Frank Carney reviewed the status of Annual Meeting preparations. We are set for four breakout sessions from David Ball on using drama techniques in the courtroom, jury selection, and arguing damages. We also have arranged for David Leta to speak on collecting a judgment. Our total financial commitment to the Annual Meeting will be approximately $6,500, all for Mr. Ball's speaking fee ($5,000) and expenses.

7. Financial Statements. We reviewed the most recent financial statements on recent expenditures.

8. Executive Committee Members Outside of Salt Lake. We discussed the need for more representatives from outside Salt Lake County on the Executive Committee. Bruce Badger recommended that we speak with David Nuffer- and Frank Carney agreed to do so. Willis Orton will speak with George Daines in Logan regarding a Cache Valley representative.

9. Status of Judges' Benchbook. Bruce Badger will arrange for Judge Paul Maughan. Others committed to following up on their assigned judges. Frank Carney noted the total lack of response from the Fourth District, despite a face-to-face meeting at a judge's luncheon. Frank Carney also noted the interest in the Benchbook as measured by hits on the web page and also the upcoming article in the Utah Bar Journal on the project.

10. Multi-Jurisdictional Practice Rule. There will soon be a proposal for a rule allowing Utah to permit multi-jurisdictional licensing for those in practice for a certain number of years. At first, this will be limited to joining the Northwest Compact with Washington, Idaho, and Oregon. Most of the members of the Executive Committee expressed support for the proposal.

11. Trial Academy. Frank Carney raised the idea of using trial practice videotapes from Judge Herbert Stern as the foundation for the Trial Academy, followed by panel discussions among local practitioners. After some discussion, both Mr. Carney and most of the rest of the Committee came to the conclusion that this format would most likely be dull. Therefore, the idea was dropped. We will use the usual format of demonstrations and lectures over a two-day period.

12. St. George Golf 'n CLE. Willis Orton and Deno Himonas discussed the idea of having a half-day CLE in conjunction with a golf outing in the Fall in St. George. They will investigate open courses and followup with the Committee.

13. CLE on Appellate Practice. Mike Petrogeorge recommended that the Section sponsor or co-sponsor with the Appellate Practice Section a Fall CLE on appellate practice. This idea met with general approval. Mike noted that the reporting period for many of the newer lawyers ends in December, 2002, and there should be wide interest. Names suggested as speakers were Christine Durham, Pam Greenwood, Greg Orme, Debra Moore, and Kate Toomey.

14. Annual Law Day Run. Wayne Klein reminded us that the annual Law Day Bob Miller Run is set for April 27th.

15. Next meeting. Our next meeting was set for 8:00 am on Wednesday, May 8th.

The meeting adjourned at 9:10 a.m.
DATED this _____ day of April, 2002.
FOR THE EXECUTIVE COMMITTEE

_________________________
Francis J. Carney
Secretary

LITIGATION SECTION SCHEDULE

• May 8 Executive Committee Meeting
• June 12 Executive Committee Meeting
• June 26-29 USB Annual Meeting (Sun Valley)
• July 10 Executive Committee Meeting
• August 14 Executive Committee Meeting
• September 1 MUJI Civil- 2d Edition: Target Date for Publication?
• September 11 Executive Committee Meeting
• October 4-5 Trial Academy
• October Executive Committee Meeting
• November St. George CLE/Golf?
• November Executive Committee Meeting
• December Executive Committee Meeting
• December Appellate Practice CLE?