Minutes for October 13, 2004

The Executive Committee of the Litigation Section met on Wednesday, October 13, 2004 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Lee Curtis
• Michael Petrogeorge
• Elaina Maragakis
• Bryan Pattison (via speakerphone)
• Willis Orton
• Nate Alder (liaison from Bar Commission)
• Ryan Harris
• Judge Deno Himonas
• Dan Steele
• Sammi Anderson

1. Financial Report Lee Curtis reported on the Section's financial status. After revenue from membership renewal and monthly expenses, the Section's current fund balance is $98,101.39.

2. Section Leadership Meeting with Bar Lee Curtis reported that he and Wayne Klein met with Nate Alder, a member of the Utah Bar Commission. Nate Alder was provided with a report on the Section's activities and he expressed appreciation for those activities. In subsequent communication Nate expressed a desire to be involved with the Section as the Commission liaison.

3. NITA Event Judge Himonas reported that NITA is receptive to co-sponsoring a trial advocacy event in Utah. The potential range of costs and tentative dates for the event were discussed. The Committee expressed appreciation for Judge Himonas' involvement and authorized Judge Himonas to proceed in planning a NITA event with a tentative date of May 2005. Judge Himonas agreed to provide costs associated with the event at the November Executive Committee Meeting.

4. Quarterly E-Mails Elaina Maragakis reported on her inquiry into why Section members were not receiving e-mails. The Bar has confirmed that all Section members' names and information that the Bar has have been entered. One problem is that not all Section members provide an e-mail address. Nate Alder proposed that the Bar require an e-mail address as a condition of membership. Nate Alder and Lee Curtis suggested requiring that hardship be shown if the Section member is unable or unwilling to provide the e-mail address.

5. Section Officer Elections It was discussed whether the Bylaws should be revised to more accurately reflect the fashion in which Committee officers are actually elected. Elaina Maragakis agreed to review the Bylaws and provide an analysis of whether it would be prudent to undertake a revision at this point.

6. Quarterly Section Meetings/Luncheons

a. Casemaker Mike Petrogeorge reported that 35-40 people attended the First Quarterly Luncheon, which focused on Casemaker. At the outset of the meeting, Mike demonstrated how to access benchbooks, the Section website and Committee Meeting Minutes. Mike's impression was that the Quarterly Luncheon idea was well received by the attendees.

b. Courtroom Tips from Seasoned Litigators This program is tentatively planned by Elaina Maragakis for January or February 2005. The program will include respected, senior litigators giving suggestions for trying cases. A list of 9-10 potential panelists has been developed. Nate Alder suggested that Ethics CLE credit may be part of the program.

c. Other An additional event will be held in April or May of 2005. The Section has been approached to co-sponsor a seminar by Judge Benson on evidence. Mike Petrogeorge and Jon Hafen will explore the possibility of using the Judge Benson evidence seminar as the Quarterly Luncheon in January or February 2005 and moving the "Seasoned Litigators" Quarterly Luncheon to the May 2005 time slot.

7. Co-Sponsorship of Electronic Filing Seminar The Section is co-sponsoring with the Cyberlaw Section a luncheon seminar today on electronic court filing. The District of Utah Federal Court Clerk will speak.

8. Liaisons to Mid-Year and Annual Meeting Committees

a. Mid-Year Meeting Bryan Pattison will serve as liaison to the Mid-Year Committee. Possible names for keynote speakers and break-out speakers have been discussed by the Mid-Year Committee. The Executive Committee approved funding for speakers' travel expenses.

b. Annual Meeting Mike Petrogeorge will serve as liaison to the Annual Meeting Committee.

9. Fall Forum The Fall Forum will be held on October 22, 2004. The topic is technology. The Committee agreed to contribute $250.00 as a sponsor. The possibility of contributing to the 2005 Fall Forum, which will have as its topic "Practice Pointers," was discussed.

10. Attorney General Candidate Debate The Bar requested the Section's assistance in filling the audience for an October 26th Candidate Debate at KUED. Lee Curtis agreed to coordinate with the Bar to send an e-mail to Section members notifying them of the debate.

11. Attendance Record of Committee Members This topic will be tabled until the Committee determines whether the Section Bylaws will be amended to address different election procedures.

12. Utah Court Rules Amendments Lee Curtis agreed to circulate the rule amendments proposed on September 17, 2004. Committee members will review the amendments and be prepared to discuss at the next meeting whether the Section should provide comment.

13. Section Logo/Banner Willis Orton provided a prototype of the proposed Section logo. The logo was approved by the Committee members with the condition that the words "of the" be removed. Willis Orton will have the banners made.

14. Golf CLE The Golf CLE will be held November 5th at Coral Canyon in St. George. The topic will be "ERISA for Dummies." Dan Steele reported that attendance is at least 20 with likely increased registration in the two weeks prior to the event. Bryan Pattison reported that SUBA e-mailed SUBA members advertising the event. The Committee approved travel expenditures for Dan Steele.

15. Other Upcoming CLE Seminars/Events

a The Section is sponsoring the Daubert seminar.

b. The Section is sponsoring a negotiations seminar by Paul Liznek.

c. Judge's Benchbook Ryan Harris and Judge Skanchy are working on ways to persuade state court judges to contribute to the benchbooks. The topic of federal court benchbooks was raised. Ryan Harris and/or Jon Hafen will raise the issue of federal judge benchbooks with Judge Benson when they contact him in connection with the evidence seminar.

DATED this 13th day of October, 2004.

For the Executive Committee

_________________________________________
Sammi Anderson
Secretary pro tem