Minutes for December 11, 2002

The Executive Committee of the Litigation Section met on Wednesday, December 11, 2002, at 8:00 a.m., at the Utah Law & Justice Center in Salt Lake City. Present were Bruce Badger; FrankCarney; Justin Toth; Mike Petrogeorge; Nan Bassett; Brian Babcock; Wayne Klein; and Kevin Fife (by speakerphone).

Minutes. The draft minutes from our November meeting were reviewed and approved.

Bar’s Split of CLE Proceeds. We have about $87,000 in our Section account, even after the $5,000 payment to “Lawyers Helping Lawyers.” This is in a Bar account kept for all sections. John Baldwin spoke to the Executive Committee and gave us a memorandum on the history of the revenue splits. The present system is that 90% of any profit goes to the Bar with any net losses born by the Section. There is some concern that the profitable seminars should help to fund the unprofitable ones, such as rural CLEs. John has a new recommendation that profits be split 50/50, and that specific expenses on CLEs will be assessed on identified costs per seminar. This will probably result in an increase in revenue, but it is unclear. The Section will still bear the losses from any seminars. The Executive Committee will revisit this topic in December 2003 and Wayne Klein will prepare a letter to John outlining our understanding of the new split.

Trial Academy Financials. Wayne Klein reported that there was nothing in our financial reports for October and November for the Trial Academy held in early October. Apparently Arnold has not yet gathered this information. In any event, expenses and income per seminar are not given in our financials; all we see is the “net.” We need Arnold to give us the ledger entries to show us the gross receipts, and John Baldwin assured us that this will be done. We also agreed that financials should be circulated to all Executive Committee. We will pass this until next meeting.

CLE on Appellate Practice- December 19th. Mike Petrogeorge reported that the seminar is set for December 19th and is set to go. Frank Carney will make a brief introduction and give a plug for the Section at the beginning. Registration is heavy, with more than ninety lawyers signed up so far.

Mid-Year Meeting in St. George: March 13- 15. Justin Toth reported that we are set for a breakout session by Joe Minick on “cyberdiscovery.” He has seen this presentation before and considers it to be excellent. This will be on the Thursday morning. If we are asked to do a second breakout, a session on documenting settlements proposed by Mike Petrogeorge and conducted by lawyers from Parsons, Behle & Latimer will be given.

Annual Meeting in Sun Valley: July 17-19. Brian Babcock reported that we have been scheduled for three breakout sessions; one on Thursday and two on Friday. One session will be on a judges’ panel, on a topic to be decided The second will be Doug Clark speaking on Sarbanes-Oxley. The third is open. Brian Babcock suggested that the Main Street Plaza might be of interest; other suggestions were for a “hands-on” session on a particular aspect of litigation.

Governmental Affairs Committee (Himonas). Passed until next meeting.

2003 Section-Sponsored CLEs. We discussed putting on two or three CLEs in 2003. Frank Carney suggested David Ball in the Fall and Larry Pozner in the Spring. This was approved and Frank will make the arrangements. Nan Bassett suggested a seminar on depositions and we agreed to repeat the December 2001 session on this topic, probably in December 2003.

Judges' Benchbook. Kevin Fife agree to interview Judges Tom Willmore and Clint Judkins for inclusion in the First District’s portion of the Benchbook.

MUJI Supreme Court Advisory Committees. Frank Carney indicated that John Young has been appointed to head this project and selection of members is underway.

The meeting adjourned at 9:00 a.m. Our next meeting was set for Wednesday, January 8, 2003, at 8:00 a.m. at the Law & Justice Center.

DATED this _____ day of December, 2002.

FOR THE EXECUTIVE COMMITTEE

_________________________
Francis J. Carney
Secretary

LITIGATION SECTION SCHEDULE

2002

• December 15 Quarterly Email to Section Members
• December 19 Appellate Practice Seminar

2003

• January 8 Executive Committee Meeting
• February 12 Executive Committee Meeting
• March 15 Quarterly Email Update to Members
• March 12 Executive Committee Meeting
• March 13-15 USB Mid-Year Meeting in St. George
• April 9 Executive Committee Meeting
• May 14 Executive Committee Meeting
• May 2 Larry Pozner/Roger Dodd Seminar
• June 15 Quarterly Email Update to Members
• June 11 Executive Committee Meeting
• July 9 Executive Committee Meeting
• July 16-19 USB Annual Meeting in Sun Valley
• August 13 Executive Committee Meeting
• September 15 Quarterly Email Update to Members
• September 10 Executive Committee Meeting
• October 8 Executive Committee Meeting
• October 17 David Ball Seminar
• November 12 Executive Committee Meeting
• December 12 Depositions Seminar
• December 10 Executive Committee Meeting
• December 15 Quarterly Email Update to Members