Minutes

July 20, 2000

In attendance: Mike Blackburn – Co-chair, Ray Westergard – Co-chair, Val Antczak, Brent Armstrong, Cindy Crass, George Harris, Mark Lehman, Dave Nuffer (Bar President) & Toby Brown.

I Mike Blackburn reported on the presentation given at the Bar’s Annual Meeting in San Diego. Although only 30 or so members attended, those present showed no significant opposition to MDPs. Mike noted that one attendee even commented about potential international treaties that may promote MDPs via deregulation of certain industries.

II Mike introduced Dave Nuffer, the recently installed President of the Bar, and asked him to give the Task Force his input and ideas for moving forward. Dave noted that he would formally reappoint the Task Force under his term at the next Bar Commission meeting.

Dave commented on the ABA vote in New York at the Annual Meeting. This vote essentially eliminated the ABA’s pursuit of approving any MDPs. He saw it as a “Declaration of Irrelevance.”

Dave noted that in hindsight the ABA MDP Commission’s mistake was taking an internal focus on ‘core values’ instead of an external focus on client needs and market forces. For this Task Force he recommended a broader focus on the values of certainty, assurance and resolution. This would reframe the dialogue in terms of benefits of the rule of law. He suggested that the Task Force frame its report along the following lines: 1) Examine the forces at work for MDPs and the profession in general. 2) Predict what the future might hold given these forces. 3) Recommend strategies for the Bar and its members to deal with these potential outcomes. He reiterated that the impact of the Task Force report would likely be broader than the MDP issue. This report will serve as an asset for further dialogues on the profession’s future.

Brent Armstrong asked about Dave’s opinion on licensing as it relates to the dialogue. Dave noted that the definitions for licensing have changed over time and will likely continue to change. He sees levels of licensing as a possibility for the future, but knows that the courts and the Bar may be reluctant to adopt such concepts.

Discussion followed on related topics. Val Antzcak noted the need to educate the Supreme Court on MDP so that it is not surprised with any recommendations. Dave said the Bar Commission and the Court will be meeting on August 18^th to discuss various issues, MDP will be among them. As well a second meeting focusing on MDP could be scheduled.

It was decided to distribute the Bar’s Long Range Plan to the Task Force for their review. George volunteered to review the academic literature on MDPs and prepare a packet of relevant articles for distribution to the Task Force. He will get that to Toby who will send it our to all members.

Dave continued his comments stating that MDP is only part of a broader issue, that of the third branch of government remaining relevant. After discussion, it was decided that the Task Force present a draft report to the Bar Commission at its September meeting. As well a goal was set for having a report by January 2001. Discussion followed.

Dave then excused himself from the meeting.

Mike led a discussion on the Task Force charge, as redefined by Dave, and an approach to moving forward. It was decided to offer Bar Sections a one-hour CLE on MDP for their section lunch CLE programs.

After much discussion, it was decided to set two evening working meetings to accelerate the production of the report. At these meetings we will frame the structure of the report and begin inserting content. Val commented about the need to include ‘con’ perspectives in the report.

Dates for these meetings are:

August 16^th @ 5:00 p.m.

August 23^rd @ 5:00 p.m.

Dinner will be provided.

IV Meeting concluded at 9:00 a.m.

The Next Meeting is set for:

August 16, 2000, 5:00 p.m.

Utah Law & Justice Center

Last Update: 09/04/02