Summary - the Utah State Bar

Summary
OF UTAH STATE BAR
OPERATIONS
2010 - 2011
Vision OF THE UTAH STATE BAR
The vision of the Utah State Bar is to lead society in the
creation of a justice system that is understood, valued,
respected, and accessible to all.
Mission OF THE UTAH STATE BAR
The Mission of the Utah State Bar is to represent lawyers
in the State of Utah and to serve the public and the legal
profession by promoting justice, professional excellence,
civility, ethics, respect for and understanding of the law.

INTRODUCTION AND GRANTS OF AUTHORITY
T
he Utah State Bar operates under authority granted by the Utah Supreme Court through orders which restate the Court’s inherent
authority under the Utah Constitution to regulate the practice of law. Those orders confirm the specific purposes, duties and
responsibilities of the Utah State Bar as:
Advancing the administration of justice according to law;
Aiding the courts in carrying on the administration of justice;
Regulating the admission of persons seeking to practice law;
Regulating and disciplining persons practicing law;
Fostering and maintaining integrity, competence and public service among those practicing law,
Representing the Bar before legislative, administrative and judicial bodies;
Preventing the unauthorized practice of law;
Promoting professionalism, competence and excellence in those practicing law through continuing legal education and by other means;
Providing service to the public, to the judicial system and to members of the Bar;
Educating the public about the rule of law and their responsibilities under the law; and,
Assisting members of the Bar in improving the quality and efficiency of their practice.
The Board of Bar Commissioners has been granted all powers necessary and proper to carry out the duties and responsibilities of the Bar
and the purposes of the Rules and has all authority not specifically reserved to the Court.
The Bar’s internal operations are governed by By-laws; and through the establishment of a variety of administrative policies and
procedures. Other rules necessary to regulate and manage the practice of law have been promulgated by the Bar and approved by the
Court and have been amended from time to time as needs have changed and demands have increased. These other rules include the
Rules Governing Admission, Rules of Lawyer Discipline and Disability, Rules of Professional Conduct, Rules for Lawyers’ Fund
for Client Protection, the Law Student Assistance Rule and the Rules of the Utah State Bar Dispute Resolution Committee. The
Court has also established rules governing mandatory continuing legal education. These rules may be found at www.utahbar.org.
BAR LEADERSHIP
T
he Bar is a 501 (c) (6) non-profit Utah
corporation governed by a fifteen-member
Board of Bar Commissioners, which includes
eleven elected lawyer representatives, two
elected officers and two court-appointed public
members. The Commission also includes nine
non-voting ex officio members. The Commission
hires an Executive Director to carry out the
operations of the Bar and the policies of the
Commission. The Executive Director employs
and supervises the activities of operations
staff, which numbers twenty-seven full-time
and six part-time employees.
Utah State Bar, 2010–2011 Board of Bar Commissioners
uring the 2010 – 2011 year, the Bar Commission included the following:
ELECTED OFFICERS:
Robert L. Jeffs, President Rodney G. Snow, President-Elect
Jeffs & Jeffs – Provo Clyde Snow & Sessions – Salt Lake City
Herm Olsen, 1st Division (Box Elder, Cache & Rich Counties)
Hillyard Anderson & Olsen – Logan
Felshaw King, 2nd Division (Weber, Morgan & Davis Counties)
King & King – Farmington
H. Dickson Burton, 3rd Division (Tooele, Salt Lake & Summit Counties)
TraskBritt – Salt Lake City
Su J. Chon, 3rd Division (Tooele, Salt Lake & Summit Counties)
Office of the Property Rights Ombudsman – Salt Lake City
Christian W. Clinger, 3rd Division (Tooele, Salt Lake & Summit Counties)
Clinger Lee Clinger – Salt Lake City
James D. Gilson, 3rd Division (Tooele, Salt Lake & Summit Counties)
Callister Nebeker & McCullough – Salt Lake City
ELECTED LAWYERS AND GEOGRAPHIC AREA:
PUBLIC MEMBERS APPOINTED BY THE SUPREME COURT
Steven R. Burt, AIA
Entelen Design-Build – Salt Lake City
EX OFFICIO MEMBERS, APPOINTED BY THE COMMISSION FOR ONE-YEAR TERMS:
Stephen W. Owens, Immediate Past Bar President
Epperson & Owens – Salt Lake City
Angelina Tsu, Young Lawyers Division President
Zions Management Services Corporation – Salt Lake City
Hiram E. Chodosh, Dean, S. J. Quinney College of Law
S. Grace Acosta, Minority Bar Association Representative
Scalley Reading Bates Hansen & Rasmussen – Salt Lake City
Charlotte L. Miller, Utah ABA Members’ Delegate
O. C Tanner Company – Salt Lake City
OTHER REPRESENTATIVES:
Diane Abegglen, Utah Supreme Court Liaison
John R. Lund, 3rd Division (Tooele, Salt Lake & Summit Counties)
Snow Christensen & Martineau – Salt Lake City
Lori W. Nelson, 3rd Division (Tooele, Salt Lake & Summit Counties)
Jones Waldo Holbrook & McDonough – Salt Lake City
E. Russell Vetter, 3rd Division (Tooele, Salt Lake & Summit Counties)
Salt Lake City Attorney’s Office – Salt Lake City
Thomas W. Seiler, 4th Division –
Millard, Juab, Utah & Wasatch Counties
Robinson Seiler & Anderson – Provo
Curtis M. Jensen, 5th Division – Washington, Iron, Beaver,
Sanpete, Sevier, Piute, Wayne, Garfield, & Kane Counties
Snow Jensen & Reece – St. George
Mary Kay Griffin, CPA
Mayer Hoffman McCann – Salt Lake City
Margaret D. Plane, Utah State Bar Delegate to the ABA
Salt Lake City Attorney’s Office – Salt Lake City
James R. Rasband, Dean, J. Reuben Clark School of Law
Lawrence E. Stevens, Utah State Bar Delegate to the ABA
Parsons Behle & Latimer – Salt Lake City
Carma J. Harper, Paralegal Division Representative
Strong & Hanni – Salt Lake City
Peggy Hunt, Women Lawyers of Utah Representative
Dorsey & Whitney – Salt Lake City
2 Summary of Utah State Bar Operations 2010–2011 Summary of Utah State Bar Operations 2010–2011 3
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LICENSING STATISTICS
Active Lawyers by Location
District 1
District 2
District 3
District 4
District 5-8
Out of State
No Designation
0 1000 2000 3000 4000 5000
BAR PROGRAMS AND SERVICES
REGULATORY SERVICES
2009–2010 2010–2011 Change
ACTIVE STATUS 7,913 8,226 313
Active Lawyers 6,805 7,080 275
Active Under 3 Years 941 974 33
Emeritus 139 146 7
In House Counsel 28 26 (2)
By Location
1st Judicial District 142 136 (6)
2nd Judicial District 639 615 (24)
3rd Judicial District 4,773 4,722 (51)
4th Judicial District 831 764 (67)
5th–8th Judicial Districts 409 401 (8)
Out of State 749 686 (63)
No Division Designated 370 902 532
7,913 8,226 313
INACTIVE LAWYERS 2,267 2,303 36
Inactive, Full Service 685 667 (18)
Inactive, No Service 1,348 1,387 39
Inactive, Emeritus 234 249 15
TOTAL INACTIVE
& ACTIVE 10,180 10,529 349
Special Admissions
pecial admissions include reviewing and processing Military Lawyers, House Counsel, Admission on Motion and Pro Hac Vice
applications. During the Fiscal 2010–2011 year, we had the following special admissions applications:
S
APPLICATIONS ADMITTED PENDING DENIED WITHDRAWN
Military 0
House Counsel 6 4 2 0
Motion 83 62 16 3 2
Pro Hac Vice 241
Admissions
dmissions includes the application process, character and fitness file reviews and hearings, Bar exam question drafting and selection,
preparation and administration, grading essay exams, the Admissions Ceremonies and all reciprocal admissions. Committees
include the Admissions Committee (Steven T. Waterman and Judge James Z. Davis, Co-chairs), Character and Fitness Committee
(Bryon J. Benevento and Frank J. Carney, Co-chairs), Bar Examiner Committee (Russell C. Fericks and David K. Broadbent, Co-chairs),
and the Bar Examination Administration Committee (Michele Ballantyne, Chair).
A
July 2010 Bar Examination Statistics
346 Took the July Bar Exam. 299 Passed the July Bar Exam.
Pass Rate for the July 2010 Bar Exam: 86%
Essay Scores Multistate Scores Combined Scores
60 Points Possible 200 Points Possible
Average Score: 34 Utah Average: 147 Utah Median Score: 293
National Average: 144 Passing Score: 270
(50,114 tested)
February 2011 Bar Examination Statistics
160 Took the February Bar Exam. 130 Passed the February Bar Exam.
Pass Rate for the February 2011 Bar Exam: 81%
Essay Scores Multistate Scores Combined Scores
60 Points Possible 200 Points Possible
Average Score: 33 Utah Average: 146 Utah Median Score: 292
National Average: 139 Passing Score: 270
(20,369 tested)
Professional Conduct Enforcement
he Office of Professional Conduct investigates complaints of unethical conduct; provides ethics education seminars; formal and
informal advisory opinions; makes presentation to hearing panels; and either resolves or prosecutes cases. Committees include the
Ethics and Discipline Committee of the Utah Supreme Court (Bruce A. Maak, Chair), Ethics Advisory Opinion Committee
(Maxwell A. Miller, Chair), and involvement with the Supreme Court Rules of Professional Conduct Committee (Robert A. Burton,
Chair), the Supreme Court Advisory Committee on Professionalism (Justice Thomas R. Lee, Chair) and the Supreme Court
Diversion Committee (Renee M. Jimenez, Chair). The office has prepared a separate report on its operations, which is available at
www.utahbar.org/assets/ANNUALReport2010-2011.pdf
Continuing Legal Education
n the past year, the CLE Department coordinated or presented 195 events in 47 general practice areas, for a total of 716 total credit
hours at a charge to lawyers of approximately $30 per credit hour. In addition, 2,812 hours of CLE were viewed online in a total of 30
different practice areas. New areas offered in CLE were healthcare issues and mentor training. The CLE department coordinates with
the CLE Advisory Board (Nanci S. Bockelie, Chair).
General Bar Management and Operations
eneral Bar management includes annual licensing, maintenance of databases, personnel, financial controls, inventory, equipment,
governance organization and support, long range and planning. Bar staff manages policy implementation and operations through
various voluntary leadership committees, including: Bar Commission, Bar Commission Executive Committee, and the Bar Commission
Budget & Finance Committee (Ray O. Westergard, CPA, Chair). A copy of the 2010-2011 audit by Deloitte and Touch is available at
________________________________________.
4 Summary of Utah State Bar Operations 2010–2011 Summary of Utah State Bar Operations 2010–2011 5
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“GROUP” SERVICES
Fall Forum, Summer & Spring Conventions
onventions provide opportunities for lawyers to network in
congenial, social and informal settings to renew friendships;
to learn and to facilitate the administration of justice, foster
professionalism and engender a collective identity through
familiarity with fellow professionals. These events provide unique
seminars and speakers, educate lawyers about issues facing the
Bar, the profession and the judiciary, permit interaction with
judges, and are budgeted to break even.
Events were coordinated by the Fall Forum Committee (S. Grace
Acosta and Virginia L. Sudbury, Co-chairs), the Summer Convention
Committee (Deanna D. Sabey and Doug S. Haymore, Co-chairs),
and the Spring Convention Committee (J. Greg Hardman, Chair).
2010 Summer Convention 2010 Fall Forum 2011 Spring Convention
in Sun Valley, Idaho: in Salt Lake City: in St. George:
353 lawyers 507 lawyers 438 lawyers
16 CLE hours 8.5 CLE hours 9.0 CLE hours
Member Benefit Programs
he Group Benefits department works with numerous
companies to provide a list of goods and services to Utah
State Bar lawyers and the legal community. The Bar has negotiated
group benefit discounts with 32 different partners, including free
legal research through Casemaker, free professional counseling
through Blomquist Hale Consulting and peer-to-peer assistance
through Lawyers Helping Lawyers. The Bar was able to add
affordable group medical insurance to the list of benefits. The
Member Resource Committee (Matthew L. Anderson, Chair)
meets regularly to review and promote benefits. A link to group
benefits is available at www.utahbar.org/members/ .
Committee Support –
Unrelated to Other Programs
tand-alone committees have been charged to provide professional
leadership and study of issues. A listing of all Bar committees can
be found at www.utahbar.org/directories/committee_chairs.html.
Section & Division Support
taff provides support services to 33 Sections and 2 Divisions
which are independent and financially self-sustaining.
Activities include section meetings, CLE luncheons, social events,
dues collection, general administrative and financial services, email
and newsletter communications, and the maintenance of websites
and blogs. A listing of all Bar sections and divisions can be found
at www.utahbar.org/sections/Welcome.html.
Communications Programs
he Bar provides information on professional issues, law office
management, legal education and law related opportunities.
The Utah Bar Journal, which was published six times this past year
by the Bar Journal Committee (William D. Holyoak, Chair) was
provided to members. In addition a current and interactive web
site, monthly E-bulletins, regular mailings, posters, banners,
convention and seminars and surveys kept members and public
informed. Access to past e-bulletins and issues of the Bar Journal
can be found at www.utahbar.org/barjournal/.
PUBLIC SERVICES
Access to Justice Programs
C I D
T T
S
S
Bar Convention Attendance
600
500
400
300
200
100
0
2010 2010 2011
Summer Fall Forum Spring
Convention Convention
n 2010, the Bar continued to place habeas corpus cases referred
by the Courts. The Bar also participated in the activities of the
statewide Access to Justice Council. The Pro Bono Department
continued to place cases for the active duty military on a full and
limited representation basis, as well as habeas corpus cases. Needs
of the Elderly Program initiated by the Elder Law Section and
aimed to provide legal advice to seniors at the Senior Centers in
Salt Lake County became sustainable and has an ongoing support
of the Bar. Three free CLE events were conducted to train and
provide a pool of volunteers. Department also handled a busy
phone line referring public to the pro and low bono legal services
available for underprivileged population in Utah.
The Disaster Legal Response Committee (Ed P. Rutan, Chair)
continues to organize pro bono legal assistance to victims in the
event of a disaster in Utah. The Committee has been active in
developing strategy and organizing materials within the topic.
Together with the Utah Legal Services, the Pro Bono Initiative of
the S.J. Quinney College of Law and the Self-Help Center of the
Utah State Courts, a Pro Bono Committee was formed in May
2011 to plan for a National Pro Bono Celebration that includes
free pro bono CLE events, recognition of volunteers, public film
screenings and a launch of the Consumer Law Clinic.
Among other initiatives is recruitment of corporate counsels to
practice pro bono. Overall, the Pro Bono Department continued to
focus on its mission to recruit, retain and recognize pro bono lawyers.
Fund for Client Protection
hirty-two cases were filed with the Utah State Bar Fund for
Client Protection, during the 2010-2011 fiscal year. The Fund
for Client Protection Committee (Hon. David R. Hamilton, Chair)
conducted Fifty-Eight hearings during the year. One Claimant
withdrew their claim prior to the hearing and thus was dismissed.
Twenty-six case awards totaling $69,799 were approved by the
Utah Bar Commission and paid out to claimants.
The Fund for Client Protection Committee heard Twenty-nine cases
against Mr. Matthew T. Graff. These as well as twenty other Graff
cases are still pending Bar Commission approval and total over
$400,000. Twenty-three cases that have been filed during the fiscal
year are pending hearings. The combined claimed amount is $138,239.
The Bar Commission reviewed all of the Fund for Client Protection
rules and made recommendations to the Utah Supreme Court via
petition. After a public comment period and careful review, the
Court adopted a number of changes to the rules to better address
catastrophic losses resulting from the conduct of one attorney.
Unauthorized Practice of Law Committee
uring the 2010 – 2011 fiscal year, the Unauthorized
Practice of Law Committee (Dan R. Larsen, Chair) and
staff received 103 complaints. The Committee is actively investigating
16 cases; 2 of which the Bar Commission has authorized for civil
litigation. The other of those 2 cases has also been referred to the
Utah Attorney General’s Office of Investigation for communications
fraud. Every complaint was thoroughly investigated by the Committee.
Of the 87 closed complaints:
21 cases were determined not to be the
unauthorized practice of law;
5 alleged UPL violators signed a Cease & Desist Agreement;
10 cases were closed because the Bar was
unable to complete the investigation;
12 cases were closed by other means;
23 cases were transferred to the
Office of Professional Conduct;
2 cases were referred to the Bar’s
Consumer Assistance Program;
3 cases were closed with a letter of caution;
1 case was closed involving a fictitious military
attorney/judge due to lack of jurisdiction and no victim;
3 cases were transferred to the Utah Attorney
General’s Office regarding immigration matters;
2 cases, the Bar received a permanent
civil injunction against the violator and an award
of attorneys’ fees and costs;
3 cases were referred to the complainant
because the matter was being litigated;
1 case was referred to the
Utah Attorney General’s Office and the
Utah Division of Securities for investigation of fraud; and
1 case was dismissed in the Tribal Court
as a “frivolous lawsuit.”
The 16 current cases which are being investigated
involve matters ranging from mortgage
loan modification/foreclosure defense scams;
estate planning by non-attorneys; immigration/notario
scams; elder abuse; landlord/tenant dispute scenarios;
to matters involving communications fraud.
6 Summary of Utah State Bar Operations 2010–2011 Summary of Utah State Bar Operations 2010–2011 7
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Tuesday Night Bar
E I
ach Tuesday night, lawyers organized by the Young Lawyers Division provide free legal advice to approximately 1,200 members of
the public at the Law & Justice Center. Other Tuesday Night Bar activities occur each week in various other locations around the
state. Utah State Bar staff makes Tuesday Night Bar appointments and staffs the desk.
Young Lawyers Division
T
he Young Lawyers have produced video mentoring on their web site; promote Law Day Activities, and provide numerous service
projects, including Wills for Heroes. Their web site is http://www.utahbar.org/sections/yld/Welcome.html .
JOINT “GROUP” & PUBLIC SERVICES
Consumer Assistance Program
T
he Bar offers support to both consumers and attorneys who need
assistance in their communication with each other. Work
performed by CAP eases the load for the OPC by dealing with
minor complaints submitted by consumers whose main concerns
usually include wanting timely return calls from their attorneys,
wanting regular updates about their cases, and wanting regular
billing statements. Complaints which rise to the level of ethical
concerns are handled exclusively by OPC.
The CAP attorney addresses consumers’ questions regarding the
management of their legal matters and concerns about their lawyers.
200
175
150
125
100
75
50
25
0
Attorney Contacted Referred to
Fee Dispute Resolution
Consumer Assistance Program Case Resolution
Additionally, the CAP attorney offers guidance to consumers to
help them understand what they may reasonably expect from their
counsel. The CAP attorney handled 1160 telephone conferences
and opened 712 files. This was an increase of 16% telephone
conferences and 20% files from the previous year. In 187 (26%)
matters, the lawyer involved was contacted about his or her
client’s concerns. Of the remaining files, 25 (4%) were referred to
Fee Dispute Resolution, 34 (5%) were referred to Find a Utah
Attorney online listing, and 103 (14%) were referred to OPC. In
148 (21%) matters, the CAP attorney was not able to assist the
consumers. In those cases, the CAP attorney explained how the
consumers could best address their concerns through means other
than those offered by the Utah State Bar’s various programs.
Referred to
Find a Utah Lawyer
Referred to the Office of
Professional Conduct
Unable to assist
Consumer
Fee Dispute Resolution Program
n the last fiscal year the Fee Dispute
Resolution Committee (William M. Jeffs,
Chair) and staff prepared and conducted
hearings with a volunteer lawyer or panels of
volunteer lawyers, judges and lay people to
resolve disputes about legal fees in a process
through which parties voluntarily agree to be
bound. Last year, the committee opened 63
cases; settled four; arbitrated 25 and mediated
five. The committee and staff were unable to
resolve 14 cases because parties refused to
participate. Thirteen cases are still pending
and two cases have been deemed ineligible. A
link to more information may be found at
www.utahbar.org/public/fee_arbitration_
service.html.
Law & Justice Center Operations
he Utah State Bar owns and operates the 33,000 square foot
building known as The Utah Law & Justice Center. The Center
provides low cost meeting room space and services for mediations,
arbitrations, continuing education seminars and other charitable,
non-profit, educational and public purposes. Services by the Center
staff include audio-visual rental, catering, low cost leases, tenant
support, interior and exterior grounds maintenance and security.
There were 941 meetings in the building during the year. Bar-related
sections, committees, divisions, seminars, and associated meetings
constituted 630 of that total and 311 meetings were non-Bar
related charitable, educational, public and commercial groups.
Public Education, Services & Special Projects
he Bar Commission regularly provides public education projects
including participation with the American Bar Association;
makes appointments to Utah State Boards and Committees, helps
to fund the Law Related Education Project; and sponsors the Law
Day Celebration with the Law Day Committee (Tyson B. Snow,
Chair); among other things.
Governmental Relations
he Bar hires a legislative representative and supports the
activities of the Governmental Relations Committee (Lori
W. Nelson, Chair) which makes recommendations for action on
bills and provides assistance to legislators with specific questions
on legislation.
8 Summary of Utah State Bar Operations 2010–2011 Summary of Utah State Bar Operations 2010–2011 9
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Fee Dispute Resolution Cases
Cases Settled
Cases Arbitrated
Cases Mediated
Unresolved Cases
Cases Still Pending
Ineligible Cases
Utah Law & Justice Center

Brian W. Burnett, Chair
Administrative Law Section
Cory D. Sinclair, Chair
Antitrust & Unfair Competition Section
John H. Bogart, Chair
Appellate Practice Section
John P. Ball, Chair
Banking & Finance Section
Troy J. Aramburu, Chair
Bankruptcy Section
Florence M. Vincent, Chair
Business Law Section
William A. Mark, Chair
Collection Law Section
Sam Meziani, Chair
Constitutional Law Section
Conrad H. Johansen, Chair
Construction Law Section
Douglas S. Haymore, Chair
Corporate Counsel Section
Lynn C. Donaldson, Chair
Criminal Law Section
Angelina Tsu, Chair
Young Lawyers Division
Judge of the Year
Hon. Dee V. Benson
Lawyer of the Year
Robert B. Sykes
Committee of the Year
Unauthorized Practice of Law Committee
Section of the Year
Elder Law Section and Young Lawyers Division
Community Member
Linda Sappington
10 Summary of Utah State Bar Operations 2010–2011
2010 – 2011 Section Leadership
David J. Show, Chair
Communications Law Section
Benjamin J. Holt, Chair
Cyber Law Section
Adam T. Mow, Chair
Dispute Resolution Section
Martin W. Bates, Chair
Education Law Section
Eric B. Barnes, Chair
Elder Law Section
Wendy B. Crowther, Chair
Environmental Law Section
Jeff B. Skoubye, Chair
Estate Planning Law Section
Dena Serandos, Chair
Family Law Section
Brooke Ashton &
Christian Thompson, Co-chairs
Franchise Law Section
David L. Mortensen, Chair
Government Law Section
Kory D. Christensen, Chair
Intellectual Property Section
2010 – 2011 Division Leadership
2010 – 2011 Awards
Brent M. Burningham, Chair
International Law Section
Sonia K. Sweeney, Chair
Juvenile Law Section
Kathryn K. Harstad, Chair
Labor & Employment Law Section
Daniel L. Steele, Chair
Litigation Section
Jonathan C. Boyd, Chair
Military Law Section
Craig McCullough, Chair
Non-Profit/Charitable Law Section
Paxton R. Guymon, Chair
Real Property Law Section
Julian P. Jensen, Chair
Securities Law Section
Glen M. Richman, Chair
Senior Lawyers Section
J. RobRoy Platt, Chair
Solo, Small Firm & Rural Law
Practice Section
Stephen R. Sloan, Chair
Tax Law Section
Carma J. Harper, Chair
Paralegal Division
Heart and Hands Award
Jay L. Kessler
Dorathy Merrill Brothers Award
for the Advancement of Women in the Legal Profession
Lauren Scholnick
Raymond S. Uno Award
for the Advancement of Minorities in the Legal Profession
Nathan D. Alder
Pro Bono Lawyer of the Year
Alan L. Sullivan and Chris J. Martinez