Summary - the Utah State Bar

“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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