Minutes for November 9, 2005

The Executive Committee of the Litigation Section met on Wednesday, November 9, 2005 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Sammi Anderson
• Lee Curtis
• Jonathan Hafen
• Ryan Harris
• Wayne Klein
• Elaina Maragakis
• Bryan Pattison (by speakerphone)
• Dan Steele

In addition, Nate Alder attended as a liaison from the Bar Commission. Judge Skanchy, Bruce Badger, Mike Petrogeorge and Willis Orton were excused.

1. Minutes The minutes were reviewed and approved.

2. Financial Report Dan Steele gave a financial report. As of September 30, 2005, the Section has $84,296.63. Dan agreed to follow up on whether UMBA received its donation, and also as to whether interest accrued on the Section's funds has been donated to And Justice For All in recent years.

3. Bar Leadership Conference Elaina Maragakis reported that items discussed included the Government Relations Committee's desire to have the Chair Elect serve as a representative, as well as bylaws. Both of these topics have been or are being addressed currently. Elaina also noted that Gus Chin intends to submit a funding request for the high school mock trial competition.

4. Utah Bar Foundation Open House Elaina Maragakis reported that the Utah Bar Foundation will hold an open house this evening, November 9, 2005, to honor its 42 years of service. The open house will be held at the Utah Law & Justice Center.

5. Funding Requests

a. The Section approved a $500 donation for the Dialogue on Democracy event to be held on November 17, 2005. Sammi Anderson and another individual will attend the dinner event on behalf of the Section.

b. And Justice for All has requested that the Section renew its practice of donating interest accrued on its funds to that cause. Elaina Maragakis and Ryan Harris explained that this interest donation has not been made since February 2004. Dan Steele agreed to speak with Arnold Birrell regarding the issue of existing interest and donation of that interest to And Justice for All.

c. The Committee agreed to co-sponsor a welcome/question and answer luncheon for newly-appointed appellate judge, Judge Carolyn McHugh. The Committee also agreed to fund the event up to one-half of its costs.

d. The Committee approved a $2,000 donation to the law schools of BYU and
U of U for each school's annual trial advocacy competition.

6. Golf CLE Dan Steele and Bryan Pattison reported that this event was a success. The Section subsidized the event in the amount of $1,700. Both Dan and Bryan indicated that the speakers were excellent, and the topics interesting and timely. Approximately 45 individuals registered for this CLE, and approximately half of those golfed. Discussion was had regarding the impact of the UEA holiday weekend on turnout. Based on this year's event, both Dan and Bryan indicated a preference to hold the golf CLE event on the UEA weekend in the future.

7. Upcoming CLE Seminar

a. Fall Forum Elaina Maragakis reported that there is an excellent line up in place for the litigation track. Every break out has at least one judge and one or more lawyers.

b. Evening with Third District Judges - November 15, 2005 - Dan Steele reported that he will moderate this event. The food has been arranged, the judges have been confirmed and the CLE is otherwise ready to go. At the outset of the CLE, Dan will demonstrate the new link to the bench books.

c. Evidence Seminar Judge Benson and Professor Mangrum will present this CLE on December 15, 2005.

8. Mid-Year Convention Dan Steele reported that an out-of-state firm familiar with mass tort litigation has volunteered to make a presentation at the Convention. This presentation will fill two slots on the Friday morning litigation track. So far, the firm has not sought compensation for travel and other related expenses. The presentation will emphasize pharmaceutical torts.

9. Bench Books Ryan Harris reported that there is now a link to the bench books on the homepage of the Utah State Bar website. Thanks to Ryan for achieving this feat.

10. Committee Membership Elaina Maragakis reported that an e-mail inquiring as to continued membership was sent to any members who have not attended in the last several months. Responses were received from John Young, Bryan Babcock and Dan Hindert, indicating each individual's intention to resign from the Committee. Thanks were expressed for their service and support.

11. Changes to Bylaws Elaina Maragakis reported that the subcommittee on changes to bylaws would meet in the near future.

12. Highland High School Debate Tournament Elaina Maragakis reported that the event went very well, and circulated photographs.

13. Quarterly E-mail Elaina Maragakis reported that the quarterly e-mail has been sent. The next e-mail is to be sent in January 2006.

14. Law Student Division of the Litigation Section The Committee decided to create a law student division of the Section. A subcommittee, including John Hafen and Sammi Anderson, was formed to explore the best means of accomplishing this. Chris Rogers will also be invited to join the subcommittee.

15. Reception for First Year Law Students Elaina Maragakis reported that due to a conflict of dates, the event will be pushed into January 2006. The subcommittee put together for the purposes of forming a law student division will work in conjunction with Elaina in planning this event.

16. Annual Letter to Members Upon Joining or Renewing Membership in the Section Discussion was had whether to send a letter to all Section members on joining the Section or renewing their membership in the Section, thanking those members for their support, and setting forth events and benefits provided out of those members' dues. The time frame for such a letter would be July 2006.

17. Quarterly Luncheon - January 2006 Elaina Maragakis reported that Jan Smith may be willing to present a CLE on cross examination at the upcoming quarterly luncheon. The Committee approved and Elaina agreed to follow up with Jan Smith.

The meeting was adjourned at 9:10 a.m.

Dated this 14th day of December, 2005.

For the Executive Committee

Sammi Anderson
Secretary