March 1999 Volune 12 No3 - Utah State Bar

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VolumB 12 NO.3 

March 1999 

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Volume 12 NO.3 

March 1999

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letters to the fditor 

1. Letters shal be tyewritten, double spaced, signed by the 

author and shal not exceed 300 words in length. 

2. No one person shal have more than one letter to the editor 

published every six months. 

3. Al letters submitted for publication shal be addressed to 

Editor, Utah Bar Journal and shal be delivered to the offce of 

the Utah State Bar at least six weeks prior to publication. 

4. Letters shal be published in the order in which they are 

received for each publication period, except that priority shal 

be given to the publication of letters which reflect contrasting or 

opposing viewpoints on the same subject. 

5. No letter shal be published which (a) contains defamatory 

or obscene material, (b) violates the Code of Professional Con- 

duct, or (c) otherwse may subject the Uta State Bar, the Board 

of Commssioners or any employee of the Utah State Bar to civil 

or criminal liabilty. 

6. No letter shal be published which advocates or opposes a 

paricular candidacy for a political or judicial offce or which 

contais a solicitation or advertsement for a commercial or 

The Utah Bar Journal 

business purpose. 

7. Except as otherwse expressly set forth herein, the acceptance 

for publication of letters to the editor shal be made 

without regard to the identity of the author. Letters accepted for 

publication shal not be edited or condensed by the Utah State 

Bar, other than as may be necessary to meet these gudelines. 

8. The Editor, or his or her designee, shal promptly noti the 

author or each letter if and when a letter is rejected. 

r --- - --- - - - --- - - - - - --- - - - - -- - - - - - -- - - - - - - --, 

Interested in Writing an Aricle 

for the Bar Journal? 

The editor of the Utah Bar Journal wants to hear about the 

topics and issues readers thik should be covered in the 

magazine. 

If you have an article idea or would be interested in writing 

on a particular topic, contact the editor at 566-6633 or 

write, Utah Bar Journal, 645 South 200 East, Salt Lake City, 

Utah 84111.

I 

The President's Message 

by James C. Jenkins 

Professional discipline is a core function of the Utah State 

Bar. Disciplie is beneficial to members of the profession and 

the public we serve. The Board of Bar Commssioners as a 

matter of policy reviews the procedures and general operations 

of the Offce of Professional Conduct. Over the last few years, 

several changes have been made regardig the Bar's discipli- 

nary functions. We recognize that discipline can be a positive 

thig to help lawyers become better and to educate clients and 

the public about our legal system. 

Our primary objective has been to improve the effciency of 

identing, screenig and prosecutig cases which have real 

merit, and to reduce or eliminate unnecessary burdens upon 

our member attorneys and the public because of warrantless or 

frivolous claims. Much has been accomplished, in large par 

due to the dedicated efforts of the Ethics and Discipline Com- 

mittee, the staf at the Offce of Professional Conduct and the 

success of our new Consumer Assistance Program. 

The Bar's Ethics and Discipline Commttee is chaired by Ki 

Wilson and is composed of four (4) screenig panels who review 

cases referred by OPC for possible formal disciplie proceedigs. 

Each panel consists of appointed attorneys and one (1) public 

member. The Bar has petitioned the Supreme Court for authoriza- 

tion to double the number of public members on the Committee 

and wil soon seek appointment of four (4) additional public 

members. Al members of the Commttee are volunteers and are 

to be commended for the dedicated and valuable service. 

The Offce of Professional Conduct is composed of five (5) full 

time attorneys plus sta. Nearly twenty-five percent (25%) of 

the Bar's budget is dedicated to our disciplie responsibilties. 

During the last year OPC has successfuy reduced the number 

of pending cases withi the discipline system, whie at the same 

time has provided counsel and inormal opinions to hundreds 

of practicing attorneys, conducted ethics schools, admiistered 

termiated or abandoned law practices, and monitored several 

supervsed attorneys. This accomplishment was aided by our 

newly created Consumer Assistace Program. 

The Consumer Assistance Program was initiated in September 

of 1997 and just completed its first fu year. The Program is run 

by Jeanine Timothy, an experienced attorney, who works part 

time as the Program Coordinator. Whenever a client or member 

of the public complais about an attorney, those complaits are 

first referred to the Bar's main offce. The complainant is 

inormed of our program and maied a complaint form for 

processing. The procedure is professional, timely and effcient. 

Jeanne responds to al formal requests for assistance withi a 

few days from the tie of notifcation. The success of the Pro- 

gram has been impressive. 

In 1998 the Bar issued 1,893 forms for requested assistance. Of 

those, 996 were completed and processed by Jeannie. Less 

than seven percent (130 cases) of the original complaints were 

referred to OPC for screenig or possible ethical violations. The 

balance were inormaly resolved. 

Jeannine reports many satisfied clients and attorneys who have 

used or had experience with the Program. She reports that most 

of the cases she handles involve domestic or crimal matters. 

The overwhelmg number of complaits are about attorneys 

faing to return phone cals or neglectig to communicate with 

the client. Another signcant complaint is that the subject 

attorney has been disrespectfl or abrasive when dealg with 

the client. Whe generaly these complaints do not constitute 

ethical violations, they are important to the offended client and 

often require tie and resources to address. 

Signicantly, OPC received 842 new cases during 1997. That 

number was reduced by more than 50 percent (50%) to 411 in" 

1998, in great part because of the coordiated efforts of OPC 

and Jeannie to implement the Consumer Assistance Program. 

I commend the volunteers, offcers and employees of the Bar 

who work to constatly serve our membership and the public. 

Their sensitive and conscientious contributions to the regulation 

of our profession help enhance the public's image of lawyers 

and protect our members from unneces- 

sary or unwarranted complaints. 

If you would like more information about 

the Bar's public and membership services, 

please contact us on the web at ww.uta- 

bar.org or write or cal me at 

jjenkisCionenet.net. 

~ta~ ~ar 

5

6 

Commissioner's Report 

by Scott Daniels 

The Access to Justice Foundation has requested that the Utah 

State Bar contribute $300,000 over the course of two years as 

seed money to help establish its activities. The Bar Commssion 

wi be considering this request over the next two months, and 

we need input from the members. In order to launch this dia- 

logue, I am submitting the following summary of the issues. It is 

greatly simplied, with the thought that an ounce of inaccuracy 

often saves a pound of explanation. 

mE ACCESS TO JUSTICE FOUNDATION 

In 1996 the Federal Government made deep cuts in the budget 

of the Legal Services Corporation. Legal Servces is the only 

statewide provider of legal servces to the poor. Most of these 

legal needs relate to securing food, shelter and clothing. In 

response to the crisis created by this funding cut, the Bar Com- 

mission petitioned the Supreme Court to create the Access to 

Justice Task Force. The Task Force concluded that the various 

agencies which provide legal servce to the poor have overlap- 

ping and sometimes confcting stadards. In addition to the 

various agencies, the Bar Pro Bono Project has a resource of 

1100 attorneys who have indicated a willngness to undertake 

legal work for the poor at no cost or at reduced cost. 

The problem comes in matching the legal needs with the pro 

bono lawyer and in admistering the cases. Someone has to 

check to establish that the person is eligible for help. Someone 

has to mainta lists of lawyers and their areas of competence 

and assign the cases to lawyers who have the abilty to handle 

them. Someone has to follow up and close the me when the 

time comes. The lawyers should also be provided with forms 

and training if necessar. Many times the lawyer does not have 

specifc expertise in the area of the assigned case and someone 

must be avaiable to assist and answer questions. Unfortunately, 

this canot be done well by volunteers . This requires paid 

employees with computers and other tools. 

The Task Force recommended that a Central Intake Unit be 

established which would serve Legal Servces, the Legal Aid 

Society, The Disabilty Law Center and other agencies which 

provide legal services to the poor, as well as the Pro Bono Pro- 

ject. This costs money. 

The Access to Justice Foundation has developed a long-range 

fundig plan, which wil rely on the contributions of founda- 

tions and individuals as well as appropriations from the State 

Legislature. This year, The Access to Justice Foundation will be 

presenting a bil, which would provide $200,000 to fud the 

project. By the time you read this the Legislature wil have 

adjourned, and we wil know whether the bil passed success- 

fuy. At this moment, it appears doubtf that the Bil wil pass 

this year. If the Bar makes its contribution, as requested, the 

Access to Justice Foundation wil have a much better chance of 

success in next year's legislative session. A contribution from 

the Bar would also have a substantial effect in fundraising from 

foundations. Many foundations want to see success, at least on a 

smal scale before they are wig to make substatial grants. 

We are caught in a diemma; without a substantial funding 

contribution we have no results to show. A one-time contribu- 

tion from the bar could provide this jump-start which would 

make the Access to Justice Foundation viable. Stated plainly: We 

have a historic opportunity to make a real impact on the prob- 

lem of lack of legal servces to the poor. Without the Bar's initial. 

contribution, it is likely that the Access to Justice Project wi 

never get off the ground. With that contribution, it may succeed 

and it may faiL. If it does succeed, it wil be unlke anything 

currently avaiable in any state in the United States of America 

and wil go a long way toward solving the problem of access to 

legal services for the poor. 

BAR FINANCES 

The Bar currently has a surplus reserve of 

about $500,000 (in addition to $300,000 

in contingency and replacement reserves 

which prudence would dictate should not 

be spent). This reserve could provide the 

money necessary to get this project going. 

I 

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How this came about is as follows: 

In 1990 the Bar was in serious financial trouble. Although Bar 

dues had increased in smal increments to offset ination, 

expenditures had increased even more and expenses related to 

the new building made it impossible to meet our obligations. As 

a result, the Bar Commssion petitioned the Supreme Court to 

impose a far reacWng set of management reforms and a sub- 

stantial dues increase. The Bar Commssion requested an 

increase from $225 to $350 over the course of three years. The 

Commssion also requested a change in the bilng cycle to put 

the Bar on a fiscal year. The practical effect of this was that the 

members were biled at the beginng of the calendar year and 

again at the beginning of the fiscal year, providing a one-time 

injection of money into the coffers. The Court went even beyond 

the Commission's request and approved the entire dues 

increase in one year, puttig Utah among the highest bar dues 

states in the Union. We stil have about the 12th or 13th highest 

bar dues in the Country, even though we haven't had a dues 

increase since 1990. 

Since 1990 we have had a budget surplus every year. The Com- 

mission has been frugal in its operating budget and has 

attempted to save money whenever possible. This year the Com- 

mission wil consider further budget cuts. As a result of our 

high dues and tight management, the unreserved cash account 

has continued to grow. At the end ofJune 1996, it was over a 

millon dollars. This was reduced to its present level, primarily 

by special projects and grants, most notably the contribution for 

upgrades in the Matheson Courthouse. 

Every year, however, our expenditures have grown with infa- 

tion. In particular the Offce of Professional Conduct has 

unavoidably contiued to cost more. We are almost at the point 

that we are spending what we bring in. By about 2001 or 2002, 

depending on the infation rate, we wil begin to spend more 

than we bring in and wil begin to eat into reserves. We wil 

need a dues increase a year or two later. If we spend our 

reserves on seed money for the Access to Justice Project, we 

wi need a dues increase about a year earlier than if we save 

the reserve to finance bar operations. 

And that, my friends, is the issue. My own belief is that we have 

an historic opportnity to do something realy innovative and 

meanigfl in the area of legal services for the poor. This is the 

most fundamental of al rights of citizensWp, because it is the 

only way that other rights are protected and secured. It doesn't 

help poor people to have food programs, literacy programs, 

employment training programs or any other programs if they 

cannot access them. We have a chance to do something very 

good here. 

I don't mean to suggest that lawyers alone should bear the 

burden that Congress has abdicated. But, as lawyers, we do 

have a special responsibilty in the area of legal servces that 

others do not have. The fact that 1100 lawyers are wing to 

perform these servces on a pro bono basis makes me proud to 

be a lawyer. We should find a way to faciltate these lawyers' 

wilgness to serve and make it bring results. 

I do not believe that the Bar Commission should make this 

appropriation without the solid support of the Bar members. I 

hope the Bar members wil support this, but if they do not, the 

money should not be spent. Period. 

If you have opinions on this very important matter, please make 

them known. They can be E-Maied to Info(Qutahbar.org, or 

maied to the Bar offce at 645 South 200 East, Salt Lake City, 

Utah 84111 to the attention ofTobinJ. Brown. 

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April 17, 1999 * 

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by Steven J Christiansen 

i. PURPOSE AN NEED FOR ENVIRONMENTAL 

DUE DILIGENCE 

A. Rise of Environmenta Regulatory Requirements. 

Environmental laws, reguations and requirements are becom- 

ing increasingly complex. For example, the 1996 edition of Title 

40 of the Code of Federal Regulations (C.ER.) is now com- 

prised of 17 volumes of rules, regulations and technical 

appendices. As such, Title 40 has far surpassed the six volumes 

of Tile 32 of the C.ER. (National Defense) and rivals the nie- 

teen volumes of Title 26 (Internal Revenue). With this great 

volume and complexity of environmental regulation, owners 

and operators of industrial operations face an ever increasing 

chalenge to maintain compliance. 

B. Nature of Industrial Operations. "Industrial operations" 

are those enterprises associated with manufacturing or produc- 

tion of certain basic, and essential, products including metals, 

chemicals, refined petroleum products, electricity, automobiles, 

cement and pulp & paper. Tyicaly, industrial operations can 

generate signifcant amounts of by-products and pollution. 

Accordingly, industrial operations are the particular objects of 

comprehensive and complex federal, state and local environ- 

mental regulatory requirements. 

C. Interests of Paries Involved with a Transaction for 

the Purchase or Sale of an Industrial Operation. When 

partes are contemplating the purchase and sale of industrial 

operations, a host of business, legal and practical issues arise 

which must be carefuy identied and addressed. In the current 

regulatory climate, environmental issues may very well emerge 

as some of the most important issues in such a transaction. In 

the context of a transaction, the parties tyicaly fal into two 

groups - those who own the industrial operations which are to 

be sold and those who are contemplating purchasing, leasing or 

financing the purchase of the operations. The interests of these 

two groups of transaction parties is dierent because environ- 

mental laws treat current owners dierently than prospective 

purchasers, lessees and lenders. Thus, parties to such a trans- 

action must investigate and identif the relevant environmental 

requirements, problems and issues. In addition, such parties 

must understand what their legal responsibilties might be in 

order to appropriately address and manage these responsibil- 

ties in the context of an industrial transaction. 

D. Environmenta Due Diligence. The concept of environ- 

mental due dilgence has arisen out of the traditional concept of 

due digence in commercial transactions. 

During the last 25 years as environmental laws and regulations 

have become increasingly complex and potential liabilties have 

become more signicant, environmenta due dilgence has 

become an absolute necessity in transactions involving indus- . 

trial facilties. In broad terms, environmenta due dilgence 

protects the paries to such a transaction by assisting the buyers 

and sellers (and potential lenders) in identifng potential envi- 

ronmental problems in the form of compliance issues, 

permitting deficiencies, contamnation remediation responsibil-' 

ities, and pollution confcts with adjoining landowners. 

~lan~arJ!J U H i~ ßì i.

I 

10 

Thus, environmental due digence is a broad term. The perfor- 

(ri~ce of an environmental assessment is, therefore, merely a 

\ component part of the broader task of properly advising clients 

in the context of an industrial transaction. 

II. IDENTIFICATION AND EVALUATION OF COMPLIACE 

ISSUES 

The field of environmental law always creates an interesting 

"interface" between legal and techncal issues. If properly per- 

formed, environmental due digence involves the identifcation 

of potential techncal issues 

first (through the preparation of 

environmental assessment). This identication of techncal 

issues (e.g., leakig underground storage tanks ("USTs")) must 

be followed by proper identifcation of the corollary legal issue 

(i.e. federal and state UST reporting, clean up and corrective 

action requirements) and the providing of competent legal 

advice in the context of a particular 

transaction. 

A. Legal Issues 

1. Innocent LandownerDefense. 

When Congress enacted the Compre- 

hensive Environmental Response, 

Compensation and Liabilty Act ("CER- 

CLA") in 1980 it created only a few 

defenses from its sweeping liabilty 

scheme. One of these defenses, the so- 

caled thid-par defense, was severely 

limited in its potential application 

because it did not apply if the person 

seeking to assist the defense had a 

"contractual relationship" with the thid 

part whose act caused the contamnation. 

In 1986, Congress amended the statutory definition of "contrac- 

tual relationship" to alow the third-party defense if the 

purchaser acquired title after the release of hazardous sub- 

stances and did not know, and had no reason to know, the 

propert was contamated (CERCLA §101(35), 42 U.S.C. 

§960(35)). This amendment established the so-caled "inocent 

landowner defense." 

In order to establish he had no reason to know the property 

was contamnated, the would-be innocent landowner "must 

have undertken, at the time of acquisition, all appropriate 

inquiry into the previous ownership and uses of the propert 

consistent with good commercial or customary practices in 

an effort to mimize liabilty" (CERCLA § 101 (35) (A); 42 U.S.C. 

§9601 (35) (A) (emphasis added). 

The innocent landowner defense wil be dicult to establish for 

two reasons: (1) many, if not al, industrial properties wil have 

some contamiation or environmental issues associated with 

them; and (2) the "all appropriate inquiry" feature ofthe 

defense requires a very thorough, in-depth environmental 

assessment of the property leading to the greater possibilty of 

discovering some environmental problem. 

Nevertheless, prudence and reason dictate that in spite of the 

difculty of establishing the innocent landowner defense, a 

thorough environmental due diligence effort must be part of 

every transaction for the purchase or sale of industrial facilties. 

2. Federal and State Notice and Disclosure 

Requirements. 

( a) FederaL. Under CERCLA, if a property owner 

"obtained actual knowledge of the release. . . of a hazardous 

substance at (the property J when (he J 

owned the real propert and then sub- 

sequently transferred ownership . . . to 

another person without disclosing such 

knowledge," then he shal be liable as a 

current owner. 

(b) State. State statutes generaly 

fall into four categories: (a) Prohibition 

on closure of a transaction unti the 

state is satisfied either that the property 

is not contamiated or a clean up plan 

has been approved; (b) Creation of civil 

liabilties for transferor unless full dis- 

closure of environmenta conditions is 

made to purchaser; (c) Various notice 

and disclosure requirements relating specifcaly to properly 

with hazardous waste sites; and (d) State approval requied 

prior to transfer of certn tyes of waste disposal sites. 

In the context of a given industrial transaction, the environmen- 

ta due digence must identif and highlight such laws and the 

environmental attorney must properly advise the parties regard- 

ing compliance therewith. 

3. Prospective Purchaser Agreements 

(a) EPA Prospective Purchaser Policy. 

Even though an industrial facilty is known to be contaated 

thereby eliminating potential applicabilty of the innocent pur- 

chaser defense, there may yet be a way for a purchaser to limit 

his future liabilty to EPA. The purchaser may wish to negotiate 

with EPA a so-caled prospective purchaser agreement. 

1','

EPA's intial policy on prospective purchaser agreements was 

rather narrow and restrictive. However, in a more recent pro- 

nouncement, the Agency has made the avaiabilty of such 

agreements more liberal. 

If EPA is convinced these conditions are met, it wil enter into 

such an agreement with the prospective purchaser and bestow 

upon him a covenant not to sue for contamnation existing at 

the property at the time of the transaction. 

(b) State Volunta Cleanup Programs 

In recent years there has been increasing concern about the 

number of contamated sites across the country, which have 

become practicaly useless (Le. "Brownfelds" or "Environmen- 

tal Blackholes") because of fear of signicant liabilties 

associated with such properties. State legislatures have 

responded to this concern by enacting Brownfields legislation 

which can take a number of forms, including fiancial incen- 

tives (Le. tax exemptions, government grants, etc.) and 

expedited cleanup procedures coupled with liabilty releases 

(i.e. voluntary cleanup programs). 

Of greatest potential importance to the prospective purchaser of 

industrial facilties are the State Voluntary Cleanup Programs 

("VCPs"). These programs vary from state to state, but tyicaly 

offer the prospective several signicant incentives for agreeing 

to cleanup contamation at a site it intends to purchase. 

B. Technical Issues. Identifng and resolving environmenta 

problems often requires the assistance of individuals with 

expertise in one or more techncal disciplies, including: engi- 

neering, geology, chemistry hydrology, and other areas. Only 

afer careful assessment of environmental problems by qualed 

techncal consultats can the attorney complete the environ- 

menta due digence and provide the client with competent 

legal advise about buying, sellng, or lending on a particular 

industrial facilty 

A number of books have been written explainig what a com- 

prehensive environmental assessment should include (e.g., 1. 

Cah ed., EnvironmentalAudits (7th edition) (1996); J. 

O'Brien and W. Frank ed., Environmental Due Diligence: The 

Complete Resource Guide for Real Estate Lenders, Buyers, 

Sellers andAttorneys (1989); and Bureau ofNationalAffairs, 

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12 

Environmental Due Diligence Guide (1996)). As a general 

rule, the contract with an outside environmental consulting firm 

should require performance of the environmental assessment in 

accordance with the ASTM environmental assessment standards. 

II. ENVIRONMENTAL PERMITlING AND COMPLIACE 

ISSUES 

One of the principal mechanisms environmental statutes use to 

ensure compliance with applicable environmental standards is 

permitting and licensing requirements. Any number of permit- 

ting and compliance requirements may apply to a given 

industrial operation. Accordingly, in order for the attorney to 

properly conduct environmental due dilgence, and advise his 

client, he must be famar with the substantive federal and state 

environmental statutes and the various permitting and compli- 

ance requirements contained therein. 

The most important of these statutes include: (a) Clean Air Act 

(42 u.S.C. §§7401 to 7642); (b) Federal Water Pollution Control 

Act (33 U.S.C. 1251 et seq.); (c) Safe Drinking Water Act (42 

U.S.C. §§300f to 300j); (d) Resource Conservation and Recovery 

Act (42 U.S.C. §6901 et seq.); and (e) Emergency Plannig 

and Community Right-to-Know Act (42 U.S.C. §1100l et seq.). 

IV. ONSITE CONTAMINATION ISSUES 

An important part of any due dilgence effort associated with the 

purchase or sale of an industrial operation is an evaluation of 

any existing or potential liabilties associated with on-site conta- 

mination. The first step in any such evaluation is to clearly 

identif the existence or potential for such contamnation. This 

identifcation can, and should, occur as a result of several 

efforts, includig: (1) A phase I or Phase II environmental 

assessment; (2) Disclosures by the seller to the buyer of known 

contamination conditions; (3) Discussions and interviews 

between environmental experts for the buyer and seller; (4) 

Review of government fies (e.g. compliance fies) relating to 

the industrial operation; and (5) Interviews with federal, state 

and local environmental offcials knowledgeable about the 

industrial operations. 

The second step in any such evaluation is considering the legal 

requirements and procedures which may exist to address such 

contamiation issues. 

V. OFF-SITE CONTAMINATION ISSUES 

One of the rude surprises that may be lurkig for a purchaser of 

industrial facilties is to discover that not only did they purchase 

an industrial operation, but also some liabilties for the histori- 

cal off-site transfer of hazardous substances. One of the 

objectives of environmental due dilgence should be to identif 

any off-site contamination issues and thereby enable the buyer 

and seller to negotiate how those issues wil be addressed. 

Medical Malpractice Prelitigation 

Panel Review Chairpersons Needed 

The Division of Occupational and Professional Licensing is seeking attorneys who are licensed and in 

good standing in Utah to serve as chairpersons of medical malpractice prelitigation review panels. 

Prelitigation review is a condition precedent to commencing litigation under the Utah Health Care 

Malpractice Act. Panels are composed of an attorney, who serves as the chairperson; a lay panelist; 

and a health care provider who is practicing and knowledgeable in the same specialty as each proposed 

defendant. 

Chairperson must be available to serve on 3-5 panel hearings per month, each of which are normally 

restricted to two hours in length. Chairpersons responsibilties include conducting the panel hearing 

and drafting a supplemental panel opinion following the hearing. Training wil be provided. 

This is a perfect opportunity for attorneys interested in medical malpractice to learn the profession. 

This is not a paid employment position; however, chairpersons receive a standard State of Utah per 

diem and are reimbursed for travel and parking expenses. Interested attorneys should send a letter 

and resume to the Prelitigation Coordinator at P.O. Box 146741, 160 East 300 South, Salt Lake City, 

UT 84114-6741. Letters and resumes must be received no later than May I, 1999. 

¡I 

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I" 

I. 

14 

by David S. Dolowitz 

INTODUCTION 

Tax law impacting divorce was substantialy changed in 1984 

and 1986. Modifcations to the changes were enacted in 1997 

and 1998. Decisions under the revised provisions are now 

reachig the Tax Court and the appellate courts so the effect of 

the changes can be evaluated. This is a brief update on three 

areas: Alony, Section 1041 Exchange, and Assignment of 

Income. 

ALIMONY 

Section 71 (b) (1) (D) requires that liabilty to make almony 

payments must end on the death of the payee spouse. Three 

recent decisions make it clear that this must be in the decree. 

In 1997, the Tax Court found that faiure to provide in the 

decree that the obligation to pay mortgage payments on behal 

of the payee would end on her death made the payments non- 

deductible. Pettet v. United States, 97-2 USTC §50,948 (ED NC, 

1997). A lump sum almony payment under a modied divorce 

decree lost its ta deductible status because of a faiure to 

include this provision. Barrett v. United States, 96-1 USTC 

§50,084 (CA-5, 1996). This faiure was found to apply to equal- 

ization payments for uneven division of community property and 

a negligence penalty was imposed on the tapayer because the 

faiure was so obvious. Croteau, TC Memo 1998-9 (1998). 

In an interesting side-light, delinquent alony payments col- 

lected by the mother's estate and passed on to the chidren were 

found to be taable income to the chidren. Kitch v. Commis- 

sioner, 97-1 U.S.T.C. §50,124 (CA-lO, 1996). 

In a very recent decision, Thomas R Nelson v. DonnaJ Zullo 

Nelson, TCM 1998-268, where payments ordered made by the 

decree from the husband to the wie were held non-modifable 

propert payments by the Ohio courts,' the effort of the Internal 

Revenue Servce to disalow them as tax deductible § 71 pay- 

ments by the husband was rejected by the Tax Court because the 

decree provisions requiring the payments met every test of § 71. 

Under the provisions of § 71 (c), payments which terminate 

around attag of majority of a chid or other contingency 

described in § 71 ( c) made otherwse deductible alony pay- 

ments into non-deductible chid support. Consequently, the 

alony tax transfer of § 215 was lost when the payments were 

found to be in the nature of chid support, as defined in § 71 (c) . 

Hammond, T.C. Memo 1998-53 (1998). On the other hand, 

where the payor agreed to pay attorneys fees and auto loan 

payments on behal of the ex-spouse, pursuant to a marital 

settlement agreement, and it was prOYided that these would 

terminate in the event of her death, they were considered 

deductible as almony payments. (The legal termiation of these 

payments on death occurred under Ohio law, not because of the 

specifc provisions of the decree). Burkes, T.C. Memo 1998-61 

(1998). 

SECTION 1041 EXCHAGES 

The issue of whether or not interest payments on §1041 prop- 

ert transfers effected by a note would or would not be 

considered as taxable income, is now being resolved.john L. 

Seymour, 109 T.C. No. 279 (1997). John deducted al interest 

he paid to his former wife as residential and investment interest. 

The Internal Revenue Servce chalenged the deductions assert- 

ing they were §1041 payments. The Tax Court ruled that when 

the wife received a settement of approximately 4900,000.00 

(one-third (1/3) in cash, two-thirds (213) in a note with inter- 

est due on the unpaid balance) and the husband received stock, 

real estate (business), the marita home, an automobile and 

household furnishigs, §1041 did not require interest on the 

indebtedness of one spouse to another under § 1041 to be non- 

deductible personal interest and that the interest of the notes 

L1aDid ST,

T 

must be apportioned among the assets transferred. The court 

said that the debt must first be alocated to the acquisition of the 

residence, then among passive assets (investments and business 

assets) and, fialy, the personal assets. The case was then 

remanded for a determination by the Internal Revenue Servce, 

if it wished to continue to pursue its chalenge, as to what assets 

were paid for in cash as opposed to the notes. 

As a result, if notes are given pursuant to § 1041, alocation 

should be made as to whether or not it is for a residence 

(§163(h) (3)), business (§ 163 (d) (3)), business real estate 

(§ 163(d) (3)) or personal propert. Personal property would 

be non-deductible personal interest (§ 163 (h) (1) ). However, 

al of the other would be interest deductible to the payor and 

taable income to the payee. The worst possible result for both 

partes is the interest to be considered to be personal interest. It 

would then not be deductible to the payor, but would be taxable 

income to the payee. 

This decision was followed by Ronald R. Armacost and Cathy 

L. Armacost v. Commissioner, TCM 1998-150 (April 27, 

1998), where Ronald, who had agreed to equalze his property 

division with his former wife, Lida, with a note for 

$240,000.00 payable over 20 years at 10% interest secured by 

the propert awarded to him, deducted the interest he paid on 

the note. The Internal Revenue Servce chalenged the deduc- 

tion. The Tax Court followed its rug in Seymour, examined 

the division of property and alocated the asset percentages as 

to investment, residential and personal, then upheld the invest- 

ment and qualed residential interest deductions whie 

rejecting the personal interest deductions. 

ASSIGNMENT OF INCOME 

A question arising under § 1041 with a higWy negative impact, 

is that of assignment of income. In a case close to us, Kochan- 

sky v. Commissioner, IR.S., 92 Fed. 3d. 957 (9th Cir. 1996), 

an attorney who, as part of his divorce settement, agreed to 

split with his wie a contingent fee that was to be earned in a 

pending medical malpractice case, was required to pay income 

tax on the entire amount of the fee. The Ninth Circuit ruled ths 

was controlled by the "ancient precedent" of Lucas 1). Earl, 281 

U.S. 111 (1930), which held that income is taxable to the per- 

son who ears it. It is suggested that if you deal with a situation 

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15

16 

like this, that is: the assignment of income to be received which 

wi be taxable by the person who receives it, that the agreement 

go on to provide that it wil be a payment to the spouse under 

§ 71 of the Internal Revenue Code and wil thus be taxable to the 

assignee who wi agree to include it in hislher income and pay 

al taxes due on it. 

We frequently deal with accounts receivable earned by a profes- 

sional (doctor, lawyer, dentist, etc.). Under the decision of the 

Utah Supreme Court in Sorenson v. Sorenson, 839 P.2d 774 

(Utah 1992), accounts receivable can be considered to be an 

asset of the professional which can be divided. Under the 

Kochansky rationale, they should be valued as deferred income 

and, therefore, taxes wil have to be paid when they are 

received. If they are divided, they should be divided in such a 

way as to recognize the impact of the Kochansky ruling. Thus, if 

you are not able to convince the court to follow the rationale of 

the prior Utah Supreme Court ofDogu v. Dogu, 652 P.2d 1308 

(Uta 1989) and not include them as a divisible asset, the ta 

effect must be argued. In fact, this is an issue that has been 

argued among many famy lawyers as to whether or not these 

accounts receivable should be considered as deferred income 

that wil be used to pay almony and chid support or is an asset 

to be divided in the estate. The Kochansky rationale would 

seem to support the argument that this is deferred income 

which should not be considered an asset or, if it is considered 

an asset, it must be reduced by taxes that wi have to be paid 

when this is collected, as the only way value can be recognized 

is through collection and payout. Morgan v. Morgan, 795 P.2d 

684 (Utah App. 1990). 

~MBOCI 

If assets which produce income are transferred, as opposed to 

the income, the recipient, not the transferor, pays the taxes. 

Meisnerv. U.S,) 133 F.3rd 654 (8th Cir. 1997). licenses and 

copyrights were exchanged for a contract giving him a right to 

income from certain songs. (The Eagles). Randal assigned an 

undivided 40% of the royalty contract with al payments due 

directly to Jennier. The court (based on a jury verdict) found 

Randal had no control over Jennier's royalty rights and the 

income was taxable to her. She was held to have received an 

income producing asset not assigned income. 

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í 

18 

State Bar News 

Discipline Corner 

ADMONITION 

On July 30,1998, an attorney was admonished by the Chai of 

the Ethics and Discipline Commttee of the Utah State Bar for 

violation of Rule 1.5 (Safekeeping Propert) ofthe Rules of 

Professional Conduct. The attorney was also ordered to attend 

the Utah State Bar Ethics School and to attend courses on 

admistering offce trust accounts. The discipline was based 

on a stipulation between the attorney and the Offce of Profes- 

sional Conduct. 

The OPC received several overdraf notices regarding the attor- 

ney's trust account. Various circumstances led to the overdrafs 

on the trust account, includig the attorney's issuance of checks 

the day of deposit when the deposit had not yet been posted; the 

attorney's issuance of checks which were the result of settle- 

ment checks paid out of the trust account when money from 

that account had aleady been earned as attorney's fees and 

withdrawn, leavig the account short of money with which to 

pay the settlement amount; and a clerical error in which a staf 

member wrote a check on the wrong account. 

ADMONITION 

On August 6, 1998, an attorney was admonished by the Chair of 

the Ethcs and Discipline Commttee of the Utah State Bar for 

violation of Rules 1. 5 ( Safekeeping Propert) and 8.4 ( c) 

(Misconduct) of the Rules of Professional Conduct. The attor- 

ney was also ordered to attend the Utah State Bar Ethics School. 

The discipline was based on a stipulation between the attorney 

and the Offce of Professional Conduct. 

The attorney wrote a check to opposing counsel with a cover 

letter stating that funds from the attorney's client had been 

deposited into the attorney's trust account. 1\o days later the 

attorney went to the bank to deposit the client's funds, and 

discovered that the check maied to opposing counsel was 

drawn on an account that the attorney had previously closed. 

The attorney faxed a latter to opposing counsel statig that the 

trust account on which the check had been drafed was closed 

and promptly sent a replacement check. 

ADMONITION 

On November 11, 1998, an attorney was admonished by the 

Chair of the Ethics and Disciplie Commttee of the Utah State 

Bar for violation of Rules 1. (Dilgence) and 1.4 (Communica- 

tion) of the Rules of Professional Conduct. 

A client retained the attorney to defend him in a divorce action. 

The attorney did no work on the case, and a default judgment 

was entered against the client. The client repeatedly attempted 

to communicate with the attorney, but these attempts were 

usualy not successfu. The attorney faied to have the default 

judgment set aside. 

On October 8, 1998 a Screening Panel of the Ethcs and Disci- 

pline Commttee heard the matter and determined that an 

admonition was appropriate disciplie. 

ADMONITION 

On November 30, 1998, an attorney was admonished by the 

Chair of the Ethics and Discipline Commttee of the Utah State 

Barfor violation of Rule 1.5 (Fees) of the Rules of Professional 

Conduct. The attorney was also ordered to imediately refund 

the unearned balance of the retaier fee to the client. The disci- 

plie was based on a stipulation between the attorney and the 

Offce of Professional Conduct. 

A couple retaned the attorney to represent them in various 

matters involving child support arrearages. Eventually, this 

work came to include representing the couple in a civi action. 

The attorney did not communicate to the clients in writig the 

basis or rate of the fee he would charge them for performig 

legal servces on their behal. The attorney no longer represents 

the clients. 

ADMONITION 

On December 8, 1998, an attorney was admonished by the 

Chair of the Ethics and Discipline Committee of the Uta State 

Bar for violation of Rule 1.8 (Confct of Interest: Prohibited 

Transactions) of the Rules of Professional Conduct. 

The attorney was retaied to represent a client in a divorce 

proceedig. The client had substantial unsecured credit card 

debt and the only asset of any value was the marital home. At 

the tie of the proceeding, there was equity in the marital 

home. During the course of the proceedig, the attorney rued a 

notice of attorney's lien and appearance.

Several months afer fing the lien, the attorney claimed that the 

client owed legal fees. At approximately the same time, the 

client began seekig the advice of attorneys regarding fig a 

bankrptcy. Included in the debts that could have been dis- 

charged at that time were the attorney's fees. The attorney 

became concerned that the client might attempt to discharge 

the legal fees in bankrptcy and prepared and had the client 

sign a quitclaim deed assigning a portion of the client's interest 

in the marita home to the attorney. In exchange the attorney 

agreed to cap the fees, in addition to the fees the attorney had 

already peen paid by the client or her former husband. 

The attorney did not fully disclose and transmit in writing to the 

client, in a manner which could be reasonably understood by 

the client, the fact that the attorney had acquired an ownership 

and security interest in the marital home adverse to the client. 

The attorney did not give the client a reasonable opportunity to 

seek the advice of independent counsel regarding the attorney's 

acquisition of an ownership interest in the martial home 

adverse to the client. The client did not consent in writing to the 

attorneys acquiring an ownership interest in the marita home 

adverse to the client's interest. 

Ultimately, the attorney fied a lien on the marital home. There- 

afer, a Fourth District Court Judge ordered the attorney to 

reconvey the interest obtained from the client in the marital 

home. The attorney reconveyed the interest to the client, and 

sent the title company a "Payoff StatementJnformation" giving 

notice to the title company of the quitclaim back to the client, 

and notice that the attorney's payoff amount on the attorney's 

lien was owig. 

On June 25, 1998 a Screening Panel of the Ethics and Discipline 

Committee heard the matter and determined that an admonition 

was appropriate discipline for a violation of Rule 1.8. 

ADMONITION 

On December 31, 1998, an attorney was admonished by the 

Chair of the Ethics and Disciplie Committee of the Utah State 

Barfor violation of Rule 1.5(a) (Safekeeping Property) of the 

Rules of Professional Conduct. The disciplie was based on a 

stipulation between the attorney and the Offce of Professional 

Conduct ("OPC"). 

On May 22, 1998, the OPC received notice that the attorney's 

trust account was overdrawn. Through investigation the OPC 

determined, and the attorney concurred, that the Nonsuffcient 

Fuds Notice was the result of the attorney's disbursement of a 

client's portion of a settlement in a collection matter prior to the 

bank's posting of the check. The attorney deposited that settle- 

ment check the same day he issued the check to the client. 

The attorney had received two letters of caution for this viola- 

tion in two prior instances. 

ADMONITION 

On January 5, 1999, an attorney was admonished by the Chair 

of the Ethics and Discipline Commttee of the Utah State Bar for 

violation of Rules 1.5 (Safekeeping Property) and 8.4(a) 

(Misconduct) of the Rules of Professional Conduct. The attor- 

ney was also ordered to attend the Utah State Bar Ethics SchooL. 

The discipline was based on a stipulation between the attorney 

and the Offce of Professional Conduct. 

On August 19, 1998, the Utah State Bar received notice that the 

attorney's trust account was overdrawn. The attorney admitted 

that he wrote a check on his trust account on behal of a client 

when he knew there were not funds in the account that 

belonged to the client. The attorney attempted to transfer funds 

from his operating account into his trust account whie awaiting 

reimbursement from the client, but mistakenly deposited the 

funds into the wrong account, which created the overdraf in the 

attorney's trust account. 

ADMONITION 

On January 8, 1999, an attorney was admonished by the Chair 

of the Ethics and Discipline Committee of the Utah State Bar for 

violation of Rule 1.8(a) (Confct ofInterest: Prohibited Trans- 

actions) ofthe Rules of Professional Conduct. The attorney was 

also ordered to attend the Uta State Bar Ethics SchooL. The 

admonition was based on a stipulation between the attorney and 

the Offce of Professional Conduct. 

The attorney entered into a business transaction with a client 

and knowingly acquired an ownership, possessory, security or 

other pecuniary interest adverse to the client without undertak- 

ing the safeguards identifed in Rule 1.8 (a) , Rules of 

Professional Conduct. 

~ta~ ~ar 

19

20 

Bar Commission Candidates 

First District 

N. GEORGE DAINES 

Uncontested Election. . . 

According to the Utah State Bar Bylaws, "In the event an 

insufcient number of nomiating petitions are rued to 

require balloting in a division, the person or persons nomi- 

nated shal be declared elected." 

N. George Daines is running uncontested in the First District 

and wi therefore be declared elected. 

Third District 

HELEN E. CHRISTIAN 

I would appreciate your support for my 

candidacy for the Bar Commssioner for the 

Third District. I am a parer in the firm of 

Gustin & Christian and have been an active 

member of the Bar for 19 years. I am past 

chair of the Famiy Law Section and have 

served the Bar throughout my career in 

other areas, as an exam grader, as a member of the Screenig 

Panel "C," and, most recently, as Chair of the Advertsing Com- 

mittee. I was selected as Utah Famiy Lawyer of the Year in 1998. 

I believe that there are many critical issues that face Utah 

lawyers and the Bar, including the implementation of advanced 

technology in al aspects of the law and the avaiabilty of pro- 

grams to educate lawyers about the new technology and how to 

effectively use it in their practice. In addition, the issues of 

lawyer professionalsm and avaiabilty of pro bono services 

demand furter attention. 

I would be privileged to serve as your Bar Commssioner and 

would appreciate your support. Thank you. 

SCOTI DANIELS 

Scott Daniels is a sole practitioner, spe- 

cialzing in Dispute Resolution. 

Practiced for 12 years with the fim of Snow, 

Christensen & Martineau and in its previ- 

ous lie as Worsley, Snow & Christensen. 

Ten years as a District CourtJudge. 

Utah Bar Association Judge of the Year Award, 1989. 

Politician, April 15, 1992 to September 3, 1992. 

Former chair of Utah Council on Crime Victims. 

1\o national awards from the United States Deparment of 

Justice for advocacy for victims of crime. 

Founder and Trustee of Sanjuan Project (an organization 

formed to help assure equal educational opportties for 

native Americans in Sanjuan County, Utah). 

Founder of annual Day Afer Thanksgiving Paper Airplane Con- 

test (a competition for high school Peer Leadership Teams, an 

organization that promotes a drg-free liestyle for teenagers). 

Instructor for Litigation Section Trial Academy. 

Former Co-Captain, Mad Dog Volleybal Team. 

Second place in Judge Category Bob Mier Law Day Race, 1985. 

Lifetime Member, Weight Watchers International. 

Member, AA 

Member, Utah Storyeller's Guild. 

Member, Salt Lake Astronomical Society 

Subscriber, Salt Lake Tribune. 

DENISE A DRAGOO 

I am once again seekig your support for 

the position of Bar Commssioner from the 

Third District. I have served on the Board 

of Bar Commssioners for seven of the past 

eight years and hope to return to the 

Board afer a brief one-year intermission. 

Currently, I am a partner with the firm of 

Snell & Wiler and an active member of the Natural 

ResourceÆnvironmental Law Section of the American Bar Asso- 

ciation and the Utah State Bar. I serve on the Board of the Legal 

Aid Society of Salt Lake City and the "and Justice for Al" cam- 

paign. As a former Bar Commssioner and past Chair of the 

Judicial Conduct Commssion, I wi bring experience to this 

position. I have a strong commtment to ensuring that the Bar 

Commission reflects the needs and concerns of its Bar mem- 

" 

bers. Currently, I am petitionig the Board for direct election of 

Bar leadership by Bar members. Popular election of the Presi- 

dent-Elect wil require the Board to become more responsive to 

members and wil involve al lawyers in the direction of Bar 

afairs. I also seek to eliminate the retention election for Presi-

i 

dent-Elect. The retention election currently rubber-stamps the 

Board's candidate. The Rules of Integration require a vote of 

50% of the Bar to unseat this candidate. This unrealstic recal 

vote should be replaced with a direct vote of all members for 

President-Elect. Finaly, I seek to add at least one additional Bar 

Commssioner from the Third District to prevent the current 

diution of its voting power. This district is by far the most popu- 

lous, with more than 3: 700 lawyers as compared to the First 

District (91 members), the Second District ( 416 members) or 

the Fifh District (246 members). I would appreciate your vote 

so that I can bring these matters to the attention of the Board as 

a Commssioner from the Third District. 

Thank you for your consideration of my candidacy. 

C. DANE NOLA 

I graduated from the University of Utah 

College ofLaw in 1986, worked as an 

associate attorney in a two-person firm 

until 1989 when I moved on to the Utah 

Attorney General's Offce. In 1991, I became 

a prosecutor for the Salt Lake County 

District Attorney's Offce. I've worked on 

the Sex Crimes Team of the District Attorney's Offce since 1994. 

I want to be a Bar Commssioner for two reasons. First, I thik I 

can make a dierence. In 1997 and 1998 I served as a non-votig 

member of the Bar Commssion, appointed by the Minority Bar 

Association as its past President. Durig that tie I saw how much 

good we as lawyers can do for society. Second, my experiences 

as a minority lawyer, government lawyer and an attorney who 

works in the crimal law field, wil bring a perspective to the 

Commssion which it doesn't have right now and I believe it needs. 

My wie, Susan Barum, is a lawyer at the Uta Attorney General's 

offce and we have two terrifc tw boys, Jon and Matthew. 

I 

I would like to thank al the members of the Bar Examin- 

ers Commttee, Bar Examners Review Commttee and 

Character and Fitness Commttee for a successfu Febru- 

ary Bar Examnation that was given Feb 23rd and 24th. 

Your voluntary time for the bar examination was very 

much appreciated. 

Thank you again, 

Darla C. Murphy, 

Admissions Administrator 

Supreme Court Seeks Attorneys 

to Serve on Advisory Committees 

The Utah Supreme Court is seeking applicants to £i vacancies 

on its rules advisory commttees. The advisory committees 

recommend rule changes on the Rules of Civil Procedure, the 

Rules of Crimial Procedure, the Rules of Appellate Procedure, 

the Rules of Evidence, the Rules of Juvenie Procedure and the 

Rules of Professional Conduct. Each interested attorney should 

submit a resume and a letter addressing qualcations and the 

commttee of interest to Brent M. Johnson, P.O. Box 140241 Salt 

Lake City, Uta 84114-0241. Applications must be received no 

later than May 25,1999. Questions may be directed to Mr. 

Johnson at (801) 578-3800. 

New Black'S Law Dictionary Series Available 

First Title is A Handbook of Basic Law Terms 

West Group's Legal Education Group introduces a new series 

of essential gudes to legal literacy. The Black's Law Dictio- 

nary Series is built on the tradition of Black's Law 

Dictionary"', the world's most widely cited and best-sellng 

legal reference. A Handbook of Basic Law Terms, the 

first title in the series, is a must-have for students, business 

people, journalists and anyone who wants to improve their 

understanding of legal termiology. 

A Handbook of Basic Law Terms offers simple, accurate 

and brief defitions of more than 1,000 of the most common 

legal words and phrases. This book also contains the full 

United States Constitution and a list of other helpful law books. 

~ta~ ~ar 

21

22 

Utah State Bar Ethics Advisory 

Opinion Committee 

The following statements of Ethics Advisory Opinions are sum- 

maries only. You (the practitioner?) should obtain a full copy of 

an opinion before taking any definitive action related to the 

subject of the opinion. Full-text copies may be obtained by 

subscription through the Bar offces; on the Bar's website at 

Ww.utahbar.org; or from on-line servces such as Westlaw. 

OPINION NO. 98-15 

Issue: Maya lawyer, who identifes himself as a lawyer, write an 

article or letter to the editor for a non-legal publication on (a) a 

legal subject or (b) a non-legal subject? 

Opinion: Generally, a lawyer, identifed as a lawyer, may write 

for publication about any subject matter, subject to certain 

limitations such as compliance with Rule 3.6 on trial publicity. 

OPINION NO. 99-01 

Question: What are an attorney's ethical obligations when the 

attorney or his client has lawflly obtained an attorney-client 

communication between an opposing party and opposing coun- 

sel under conditions where the opposing part may not have 

intended to waive the attorney-client privilege? 

Opinion: A lawyer is required to bring to the attention of 

opposing counsel the receipt of any such communication unless 

it is clear from the circumstances that the attorney-client privi- 

lege has been intentionaly waived. 

Notice of Ethics & Discipline 

Committee Vacancies 

The Bar is seeking interested volunteers to fi nine vacancies 

on the Utah State Bar Ethics & Discipline Commttee. The 

Ethics & Discipline Committee is divided into four panels 

which hear al informal complaints charging unethical or 

unprofessional conduct against members of the Bar and 

determine whether or not informal disciplinary action should 

result from the complaint or whether a formal complait 

shal be fied in district court against the respondent attorney. 

Appointments to the Ethics & Disciplie Commttee are made 

by the Utah Supreme Court upon recommendations of the Bar 

Commission. Please send resume to John C. Baldwin, Utah 

State Bar, 645 South 200 East, Salt Lake City, UT 84111 no 

later than May 1, 1999. 

Ethics Opinions Available 

The Ethics Advisory Opinion Committee of the Utah State 

Bar has compiled a compendium of Utah ethics opinions 

that are now avaiable to members of the Bar for the cost of 

$20.00. Seventy-seven opinions were approved by the 

Board of Bar Commssioners between January 1,1988 and 

January 29, 1999. For an additional $10.00 ($30.00 total) 

members wil be placed on a subscription list to receive 

new opinons as they become available during 1998. 

Quantity 

Emics OPINIONS ORDER FORM 

Utah State Bar 

Ethics Opinions 

Ethics Opinions/ 

Subscription list 

Please make al checks payable to the Utah State Bar 

Amount Remitted 

($20.00 each set) 

($30.00 both) 

Mai to: Utah State Bar Ethics Opinons, ATN: Christine Critchley 

645 South 200 East #310, SaltLake City, Utah 84111. 

Name 

Address 

City State Zip 

Please alow 2-3 weeks for delivery 

Notice from the Appellate Courts 

January 1, 1999, the Utah Supreme Court and the Utah Court of 

Appeals began to number their released decisions and to num- 

ber the paragraphs within those decisions. Such numbering is a 

necessar prerequisite to the development of any so-caled 

universal or public domain citation form. Implementation of the 

numbering system should not be interpreted by practitioners as 

permission to use an electronic case law citation- in place of the 

usual print case law citation in documents fied in the Utah 

courts. However, practitioners are welcome to include an elec- 

tronic case cite so long as there is a paralel cite to the offcial 

print reporter. Please be assured that the Bar wil be given 

appropriate notice should the Supreme Court adopt a universal 

citation form. Any questions or comments regarding the citation 

issue should be directed to Matty Branch, Appellate Court 

Administrator, P.O. Box 140210, Salt Lake City UT 84114-0210; 

(80l) 578-3900; mattb(gemail.utcourts.gov. 

--

Legal Community Kicks Off Campaign for Civil Legal Services 

More than 250 lawyers across Utah kicked off their joint 

fundraising campaign caled "AN JUSTICE FOR ALL" on January 

27th evening at the Scott M. Matheson Courthouse Rotunda. The 

campaign is designed to raise money from lawyers to preserve 

and improve free civil legal services to citizens in need across 

Utah. The campaign hopes to raise $825,000 annually by asking 

every attorney in the state to donate the dollar equivalent of two 

bilable hours. The funds wil go to support the programs and 

services of the Disability Law Center, Legal Aid Society and Utah 

Legal Services. 

Former First Lady of Utah, Norma Matheson, welcomed atten- 

dees to the courthouse bearing the name of her husband, Scott 

M. Matheson. Mrs. Matheson told how her decades of advocacy 

for seniors had demonstrated the need for legal services. Utah 

Supreme Court Chief Justice Howe encouraged attorneys to 

participate in this important campaign. Governor Mike Leavitt 

declared Januar 27, 1999 "AN JUSTICE FOR ALL" day in Utah. The 

offcial proclamation was read by Utah State Bar President, Jim 

Jenkins of Olson & Hoggan in Logan. 

President James E. Faust of the First Presidency of the Church of 

Jesus Christ ofLatter-day Saints presented a $100,000 chalenge 

grant from The Church of Jesus Christ of Latter-day Saints Foundation 

to the campaign. In order to secure the grant, the 

campaign must raise $300,000 from members of the Bar. Presi- 

dent Faust recalled how, as a young attorney, he was caled on 

frequently to provide pro bono servces. He urged every attor- 

ney in the state to give financial support to the campaign to 

"make this edifce and al courts a temple of justice available to 

everyone". President Faust also voiced support for the contribu- 

tion standard, saying "I think the request to give two bilable 

hours is a very modest request." 

During the kick off, checks were presented by 22 law firms and 

solo practitioners - and even the agency attorneys themselves - 

representing pledges of $167,000. "AN JUSTICE FOR ALL" Cam- 

paign Chair, Alan Sullvan, said "It is heartening to see such a 

broadspectfUm of the legal community coming together to 

support this important initiative. From solo practitioners in 

smal towns, government lawyers, corporate counsel to the 

state's leadig firms - each branch of our profession under- 

stands that justice means nothing unless both rich and poor 

have access to the legal system". The $167,000 dollars pledged 

represents the participation of 544 of 5,385 attorneys from 

across the state of Utah. 

Ane Mie, Executive Director of Utah Legal Servces declared 

that, ". . . afer 20 years of providing civil legal services to the 

poor, I am overwhelmed by the support and appreciation we 

received on behal of our clients and potential clients from our 

colleagues at the kick off." 

TIE NEED FOR CIVIL LEGAL SERVICES IS GROWING 

The partner agency attorneys are the primary source of civi 

legal representation for the poor and disabled throughout Utah. 

It is a sizeable chalenge because there is: 

· 1 attorney for every 494 Utah residents; 

· 1 civi legal servces attorney for every 8,235 poor persons; and 

· 1 disabilty rights lawyer for every 49,428 persons with dis- 

abilties in Utah. 

The agencies' clients are as diverse as Utah - encompassing all 

races, religions, ethnic groups and ages. They include the work- 

ing poor, children with Down's Syndrome, residents of the state 

mental hospital, veterans, the homeless and victims of domestic 

violence. Together the partner agencies share a responsibilty to 

serve individuals who cannot afford a private attorney, who have 

diculty understanding the legal system, who live outside the 

margins of our society, and who are disenfranchised by reason 

of disabilty, poverty, migrant status, or race. 

COST EFFECTIVE SERVICES 

The agencies' delivery of legal services is a model of effcient 

resolution of disputes and avoidance of unnecessary litigation. 

Only a smal percentage of cases, 27% in 1997, were resolved 

with a court decision, and the vast majority of these are family 

law or public benefit cases that require resolution by a court or 

judge. A range of legal and non-legal avenues is used to resolve. 

problems, including mediation, negotiation, self advocacy train- 

ing and support, alternative dispute resolution and investigation 

and monitoring. 

LIMITED RESOURCES MEAN LIMITED SERVICES 

In 1998, "AN JUSTICE FOR ALL" agencies provided assistance to 

16,134 individuals, including: 

· women and chidren escaping abuse; 

· chidren with disabilties seeking equal access to public 

education; 

· famies and indivduals facing eviction from their homes; and 

· abused or neglected adults and chidren living in the state's 

institutions. 

~ta~ ~ar 

23

-~ 

24 

In the same year, however, 8,050 eligible individuals were 

turned away because of a lack of resources. 

LAWYRS CURRNTY A LIMITED SOURCE OF SUPPORT 

Currently, fewer than 5% ofUta's attorneys contrbute to Disabilty 

Law Center, Legal Aid Society or Uta Legal Services. Gifs from 

individuals and firms amount to less tlian $75,000 - only 2% of the 

agencies' combined budgets. The "AN JUSTICE FOR ALL" campaign 

wil appeal to each attorney to support the provision of legal 

services to Utah's needy citizens. The campaign's strategy is to: 

· Ask each attorney in Utah to give the equivalent of two bil- 

able hours per year. 

· Increase giving from attorneys in Utah from 5% to 50% 

within 3 years. 

Major Gifts Announced at the January 27th Kick Off 

· Raise $825,000 anualy from members of the Utah State Bar. 

An attorney's contribution to "and Justice for al" will meet all 

or a portion of his or her obligation under Rule 6.1 of the Utah 

Rules of Professional Conduct. Al donations are fully tax 

deductible. Checks should be made payable to "AN JUSTICE FOR 

ALL", 225 South, 200 East, Suite 100, Salt Lake City, Utah, 84111. 

Throughout the campaign year, the growing list of supporters of 

"AN JUSTICE FOR ALL" wil be published in the Bar Journal. 

The Church ofJesus Christ of $100,000 Laherty and Associates $1,300 

Latter-Day Saints Foundation 

LeBoeuf, Lamb, Greene & MacRae, LLP $4,695 

Attorneys of the Disabilty Law Center, $5,150 

Mannig Curtis Bradshaw & Bednar $6,666 

Legal Aid Society & Utah Legal Services 

Cohne, Rappaport & Segal $5,600 

Kathryn Collard $300 

James H. Deans $200 

Holland & Hart, LLP $3,750 

Holme Roberts & Owen, UP $4,500 

Janove & Associates $1,000 

Jones, Waldo, Holbrook & McDonough, PC $12,500 

Kirton & McConkie $2,500 

Louise T. Knauer $270 

Krse, Landa & Maycock $4,250 

Marquardt, Hasenyager & Custen $1,500 

Mike Mower $115 

Parr, Waddoups, Brown, Gee & Loveless $13,210 

Parsons Behle & Latimer $40,000 

Ray, Quinney & Nebeker $20,000 

Snell & Wiler, LLP $8,200 

Stoel Rives $12,000 

Utah State Bar Commissioners $1,800 

Utah State Bar Foundation $5,000 

Utah Bar Journal Announces "1998 Cover of the Year" 

The December 1998 Bar Journal cover has 

been selected as the "Cover of the Year." 

Congratulations to Bret B. Hicken, of Hicken 

& Hatch, Spanish Fork, Utah, whose out- 

standing photograph of the Upper Provo 

River was featured on the winning cover. 

This is the 6th photograph by Mr. Hicken 

that has appeared on a Bar Journal cover. 

Since August 1998 when theJournal first 

began featuring cover photographs of Utah 

scenery taken by members of the Bar, 28 

attorneys have participated. Compliments 

are received regularly on the beauty of the 

cover photos. We appreciate al who have 

participated. 

If you would like to participate, send a trans- 

parency (preferred form for quality), slide 

or print to Randal 1. Romrell of Randle, 

Deamer, Zarr, McConkie & Lee, 139 East 

South Temple, Suite 330, Salt Lake City Utah 

84111. There are fewer submissions (and 

greater chance of being selected) of spring 

and winter photographs. "Covers of the Year" 

are tastefully displayed in frames on the 

second floor of the Law and Justice Center. 

-i 

ftr 

~l" 

li

A Brief Overview of the New Utah Bar Website 

by Lincoln Mead, Webmaster - Utah State Bar 

The Utah State Bar is proud to announce the creation of a new 

Bar website located at http://ww.utahbar.org.This site and its 

content are avaiable for the use by the public and the Bar 

membership with the expectation that it wil assist the Utah State 

Bar in delivering more comprehensive service to the people that 

it serves. This site was created with the following goals and 

expectations: 

LaWYltl', Biiltfs: 

.. , ÙlnewUtabStateI3IlWetl$.ìte. 

. Jl This lilU li., b\liiu ÇI\lW(I to 

(I. b ettr We1iònUi) 

s~;ve the pu1:i: \IS w~ll il 

thii m~mlmi ~fthl Uta ShU Bu. In l.i jll'i:idSu 

aom~ Îímuiiri hu b .en rtlD oaied. Jfyt" iie 

- g I'le~se go ta 

Q 11 

-compheiis¡ve~. Durglhiim2weeh 

ilOiý'nlWf(mii~ Md $Øivl. wì1i. ¡ilteed Ol' 

ooe. By ih end of! l1uy we ex.ci ih pan to 

IlI1 down to 1 flew Óm'C\i 01' f_ \lVèlý 11) dty.. 

We t:i.ct lhs me w grw un chonge Ilvertie 

~ iIi. owhn¡e iMl.s çhqe wi be d.ven 

by QlI l\eme. PletGe teiilfM til eJqIor the Gib 

lfd if you s\le s"llleúi iM we çimimprovo on 

pt'ii$e~. Thl$i$ ytll wi 

~yshiiht 

eriuyigS_erl RegMrw.oo 

Dudle ¡S F.b. 5th imi 

Uliiii ste Bili 

BerNewii 

Biir OfedOfle¡¡ 

Publc Ino. .. seNili 

Membe IFlo," SeMçe¡¡ 

iaw & JlJlIlCl Col'8l 

Biir cilendllf 

5118 Tool. 

Cel'øi ti Ba 

Adn: ó4S South 400 Eai 3m Liá\l Ciy, 111t 84m 

PJi: 801 . 531. 90 FAX: llll. 531, fI 

E-ma, ii.~lbg,giii 

Hø:MOidq- Frld~yS11lkS1lO 

S"L..~ßi:, 

01126199 

News 

tnte: ~ 

I.U.w Ç~n.I1!!An¡st FmnQ_ 

1.1 MIlt Recommend II S, On1ina, 

1,14-9S' Nuìa!imUpdlled 

1,IS.lI' UlllúalsJativa Smi.ml!lg(ii 

1.26.lS1 Q9WJii tlmiv~ QÐl 

HiiVl ~lle llG\l Of mim~, event? 

~ the UtllS~ i:1I 10 have yo event 

Hiiled hen. It's a free iiorvca 10 ha1¡ koap Úio 

Ulahbgll e'onuuniy Îítled! 

Calendar Highlights 

Diltei ~l 

1.21-99 AtABA 3a1.00 SJu 

1.z.9lt m&U.WWbgp 

~ 

1-29." ElM C"iriio¡"n M. .MIl 

2.3.99 ÅY.ABA3WllI&Ser 

;Z.5.§I MldYagtMlg, Jù&imMiñ 

2-11-99 Ali-A8ASmieSomü 

· Stable and effective navigation throughout the site. 

· Comprehensive Directory Servces to help you locate resources. 

· Site support for al Utah State Bar Committees and Sections 

· Complete Rules and Opinions of the Utah State Bar 

· Onlne Servces and Forms such as Mid Year Meeting 

Registration 

· Current news and inormation for the Utah legal professional 

· Rapid communication. 

· Reliable web site navigation and contact 

information. 

· Consolidated directories & servces 

· Focused, faster loading pages. 

· Direct links to important events and high 

use areas 

· Current news, events and announcements. 

(If you need to make one please let us 

know!) 

I · Calendar summaries for the month!) 

If you are interested in making an announcement, or if you have any questions or comments on how this site can be used to 

improve servce to the Utah State Bar Members or the public, please contact the Utah State Bar technical staf via emai at 

webmastercqutahbar.org or by phone at 801-297-7050. 

~iü~ ~ür 

25

26 

POSITIONS AVAlALE 

ATTORNEYS NEEDED 

IMMEDIATELY 

No timekeeping responsibilties, no lln- 

imum billng requirements. Attorneys 

wil be free to select their own cases 

based on their experience and interests. 

Successful applicants wil have ample 

client contact and first chair opportnities. 

Practice is broad based and encompasses 

almost al aspects of civil law. 

Please contact Charles Stewart, Pro 

Bono coordinator for the Utah State 

Bar 297-7049. 

Utah State Bar and the 

Security Law Section Announce 

The Security Law Annual Practice Seminar 

Friday and Saturday, August 20-21, 1999 

Jackson Hole Wyoming 

Snow King Lodge and Convention Center 

Two half day meetings 

8 Hours CLE 

Also planned: 

Golf at Jackson Hole Golf and Tennis Club 

& 

A special reserved dinner at the 

National Museum of Wildlife Art* 

The Uta and BYU Law Schools, the Miority Law Caucus and Women's Law Caucus at the Uta Law School, the 

Multicultu Law Student Association at the BYU Law School, the Uta State Bar, the Uta Miority Bar 

Association, the Salt Lake County Bar Association, and Women Lawyers of Uta 

are pleased to anounce ... 

The First Annual 

DIVERSITY JOB FAIR 

For law students and employers 

Speakers: Honorable Christine M. Durham & Honorable Tyrone E. Medley 

Friday, March 26, 1999 

12 -3 p.m. 

Uta Law & Jusice Center 

645 South 200 Eat 

Salt Lake City, Uta 

For additional inormation, pleae cal 

Legal Career Services at 801-581-5418 

All Uta and BYU law students will be invited 

All legal employers are encourged to parcipate 

~ 

~' 

~il

U 

1999 Mid-Year Convention Sponsors 

The Mid-Year Convention Committee extends its gratitude to the following sponsors 

for their contributions in making this a successful and enjoyable Mid-Year 

Convention. Please show your appreciation for their donations by visiting the 

exhibitor tables and supporting these firms and businesses: 

~I BERMAN, GAUFIN, TOMSIC & SAVAGE 

~I 

~I 

CLYDE, SNOW, SESSIONS & SWENSON 

DEBRY & ASSOCIATES 

DURHAM, EVANS , JONES & PINEGAR 

FARR, KAUFMAN, SULUVAN, GORMAN, 

JENSEN, MEDSKER, NICHOLS & 

PERKINS 

HELLENIC BAR ASSOCIATION 

HUNTER & BROWN 

HUNTSMAN & CHRISTENSEN 

JONES, WALDO, HOLBROOK & 

McDONOUGH 

KRUSE, LANDA & MAYCOCK 

LEXIS- NEXIS 

LITIGATION SECTON, UTAH STATE BAR 

NIELSEN & SENIOR 

OLSON & HOGGAN 

PARR WADDOUPS BROWN GEE & 

LOVELESS 

PARSONS BEHLE & LATIMER 

RAY QUINNEY & NEBEKER 

REGENCE BLUE CRoss/BLUE SHIELD OF 

UTAH 

RICHARDS BRANDT MILLER & NELSON 

SECURITIES SECTON, UTAH STATE BAR 

SNELL & WILMER 

STRONG & HANNI 

WILUAMS & HUNT 

WINDER & HASLAM 

WOMEN LAWYERS OF UTAH 

1999 Mid-Year Convention Exhibitors 

CONTINENTAL INSURANCE AGENCY 

KENDRICK J. HAFEN, P.C. 

KNIGHT ADJUSTMENT BUREAU 

LEXiS-NEXIS 

LITIGATOR'S OVERNIGHT 

RICHARD Q. PERRY AGENCY 

U*S SHRED 

WEST GROUP 

ATTORNEy'S TITLE GUARANTY FUND, INC. 

UTAH BAR FOUNDATION

28 

Scott M. Matheson Award 

In 1991, the Law-Related Education and Law Day Commttee of 

the Utah State Bar presented the first anual Scott M. Matheson 

Award. Currently, the commttee is accepting applications for 

the 1999 Award. 

PURPOSE: To recognze a lawyer and a law firm who have made 

an outstanding contribution to law-related education for the 

youth in the State of Utah. 

CRITERI: Applications will be accepted on behal of individuals 

or law firms who have: 

1. Made signifcant contributions to law-related eduction for 

youth in the State of Utah. 

2. Voluntarily given their time and resources in support of law- 

related education, such as serving on commttees, reviewing 

or participating in the development of materials and pro- 

grams, or partcipating in law-related education programs 

including the Mentor Program, Mock Trial Program, Confct 

Management Program, Judge for a Day, or other court and 

classroom programs. 

3. Participated in activities which encourage effective law- 

related education programs in Utah schools and 

communities, such programs increasing communication and 

understanding among students, educators, and those 

involved professionaly in the legal system. 

APPLICAION PROCESS: Application forms may be obtained 

from and submitted to: 



Law-Related Education and Law Day Commttee 

Utah Law and Justice Center 

645 South 200 East, Suite 101 

Salt Lake City, Utah 84111 

Phone: 322-1802 

Al materials submitted should be in a form which wil alow for 

their easy reproduction for dissemination to members of the 

selection commttee. Applications must be postmarked no later 

than March 31, 1999. 

PAST HONOREES INCLUDE: 

1991 

1992 

1993 

Attorney 

Gregory G. Skordas 

Barry Gomberg 

Kevin F. Smith 

Law Firm 

Van Cott, Bagley, Cornwal 

and McCarthy 

Fabian and Clendenin 

Ray, Quinney and Nebeker 

1994 KiM. Luhn LeBoeuf, Lamb, Green 

and MacRae 

1995 Gordon K. Jensen Utah Attorney General's Offce 

1996 Kevin P. Sullvan Richards, Caine and Alen 

1997 Steven 1. Garside Utah County Public Defender 

Association 

1998 Mark W. Dykes Weber County Attorney's Offce 

..---------------------------------------------------------------------------------------, ,, 


Application Form 

Individual Attorney Law Firm 

(Preference may be given to attorneysJlaw firms who support the Utah 

Law-Related Education Project.) 

i. 

Name of Individual Attorney/Law Firm 

Address 

Telephone Fax 

(Attach attorney's resume.) 

II. (For law firm APPLICAION only) 

Names of Attorneys in Firm Involved in Law-Related Education 

II. Number of Years Attorney/Firm Involved with Law- 

Related Education _ 

IV. Briefly Describe Law-Related Education Activities for 

Youth in Whch the AttorneylLaw Firm Was Involved 

V. Briefly Describe any Law-Related Materials for Youth 

, which Attorney/Law Firm Has Prepared 

VI. Attach Maxum of 1\o Letters of Recommendation 

Applications may be submitted to: 



Law-Related Education and Law Day Committee 


645 South 200 East, Suite 101 


L_______________________________________________________________________________________

------------------------------------------------------------------------------------------, 

Membership Corner 

UTAH STATE BAR ADDRESS CHAGE FORM 

The following ilÚormation is required: 

· You must provide a street address for your business and a street address for your residence. 

· The address of your business is public ilÚormation. The address of your residence is confdential and wil not 

be disclosed to the public if it is diferent from the business address. 

· if your residence is your place of business it is public ilÚormation as your place of business. 

· You may designate either your business, residence or a post offce box for mailng purposes. 

*PLEASE PRINT 

1. Name Bar No. Effective Date 

2. Business Address - Public llÚormation 

Firm or Company Name 

Street Address Suite 


Phone Fax E-mail address (optional) 

3. Residence Address - Private llÚormation 

Street Address Suite 


Phone Fax E-mai address (optional) 

4. Mailng Address - Which address do you want used for mailngs? (Check one) (If P.O. Box, please fill out) 

_ Business _ Residence 

_ PO. Box Number City Zip 

Signature 

Al changes must be made in writing. Please return to: UTAH STATE BAR, 645 South 200 East, Salt Lake City, Utah 84111-3834: 

Attention: Arnold Birrell, Fax Number (80l) 531-0660. 

L__________________________________________________________________________________________ 

~tan ~ar 

29

30 

Notice of Taking Applications for Membership in the Rex E. Lee 

American Inn of Court 

The Rex E. Lee American Inn of Court (the "Inn"), the nothern 

Utah chapter of the American Inns of Court, is accepting appli- 

cations for membership for the 1999-2000 year. Membership is 

limited to 80 members and usually fis rapidly. Although there 

is currently a waiting list in some membership categories, his- 

torically the Inn has been able to accept most applications in 

the year requested. 

The Concept. The Rex E. Lee American Inn of Court is a char- 

tered Inn of the American Inns of Court Foundation. As such, it 

is designed to improve the skills, professionalsm and legal 

ethics of the bench and bar. The Inn helps lawyers become 

more effective advocates with a keener ethical awareness, learn- 

ing side-by-side with the most experienced judges and attorneys 

in their community The Inns concept is intended to perpetuate 

the more worthy traditions of the legal field. 

The Inn meets eight to ten times per year. Membership is divided 

into three categories: (1) Masters of the Bench - consisting of 

judges, experienced, litigation attorneys, and law professors, 

(2) Barristers - consisting of less experienced lawyers (usualy 

defied as zero to 15 years litigating experience), and (3) Pupils 

- consisting of third-year law students or law school graduates 

waiting to take the bar exam. Anual dues are currently $125 

for Masters; $100 for Barristers; and, $15.00 for Pupils. 

Members are broken down into "Pupilage Teams" with each 

team consisting of rougWy one-sixth of the Masters, Barristers 

and Pupils. Each pupilage team is responsible for conducting 

one demonstration for the Inn per year. CLE credit is avaiable. 

The idea is simple. Lawyers and judges with experience in litiga- 

tion join together to impart their hard-learned lessons and 

varyng viewpoints to their less-experienced counterparts. In the 

process, of course, they also educate each other, both in ethics 

and in substance. 

Whe the Inn helps younger attorneys to become more effective 

trial and appellate advocates by learning from the experienced 

attorneys and judges, the educational experience is for all; 

judges as well as litigators, professors and young lawyers are 

learners as well as teachers, benefitting from each others' expe- 

riences and insights. 

The History and Growth. The American Inns of Court concept 

was the product of a discussion in the late 1970s among the 

United States members of the Anglo-American exchange of lawyers 

and judges, including Chief Justice Warren E. Burger, and Ninth 

Circuit Judge J. Cliord Walace. Because Chief Justice Burger was 

later in Utah, and had the time, he invited then Dean Rex E. Lee 

of the Brigham Young University School of Law and District Judge 

A. Sherman Christensen of Salt Lake City to experiment. They 

agreed. And in 1980 the first American Inn of Court was created. 

There are now more than 300 Inns nationwide involving in 

excess of 30,000 lawyers and judges. 

There are four Inns in Utah - three headquartered in Salt Lake 

City and the fourth, the Rex E. Lee American Inn of Court, sta- 

tioned in Weber County for Northern Utah members. Virtualy 

al Uta Federal District Court judges belong to an Inn and 

many State appellate and district judges are members. 

Becoming a Member. Joinng the Inn is an excellent way to 

increase your skis and knowledge whie joining the members 

of your legal community in discussing the important and chal- 

lengig issues of professionalsm, civity and ethics that face every 

legal professional. To join the Rex E. Lee American Inn of Court, 

contact anyone of the following: Scott M. Hadley, President, 

(80 l) 395-1130; Joseph Chambers, Vice President and President- 

Elect (435) 752-3551; or Hon. Thomas 1. Kay, Membership 

Commttee Chair, (80l) 544-5238. A list of potential members 

wil then be compiled for review and selection by the Executive 

Commttee or by the Masters. It is the goal of the Inn that every 

person desiring to be involved in the Inn has that opportunity. 

Insurance agent makes 

the MOST WANTED list. 

Scott Buie, CLU, is wanted for 

providing needed income protection 

to members of the Utah Bar 

Association. Scott knows that an 

(801) 556-1056 unexpected ilness or disability can 

disrupt, even destroy your family's lifestyle. He can help 

you protect what you've earned with a disability income 

insurance policy from Standard Insurance Company. 

Contact him today for more information. 

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Standard Insurance Company's Disability Income 

Insurance Products are endorsed by the Utah Bar 

Association. Members are eligible for discounted rates.

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The Young lawyer ' 

A Brief Overview of Utah's Mechanic's lien law 

by Michael D. Creer 

Strictly speaking, mechanic's liens are involuntaiy encum- 

brances against the title to real property, which serve as security 

for a debt incurred in improving such real property. A 

mechanic's lien is a remedy by which a person or entity may be 

entitled to proceed directly against real property to collect a 

certain debt owed. Utah's mechanic's lien law is primarily statu- 

tory. i Thus, the only way for attorneys to properly protect 

themselves, and their clients, is to have a specific knowledge 

and understanding of the statutory requirements contained in 

Utah's mechanic's lien statute. While there is no substitute for 

, specifc reference to and review of Utah's mechanic's lien 

statute, this article provides a brief overview of Utah's 

mechanic's lien law. 

A. WHO MAY FILE A MECHAIC'S LIEN? 

The first and most obvious question is who may fie a 

mechanic's lien. Section 38-1-3, Utah Code Annotated, provides, 

in part, that: 

Contractors, subcontractors, and all persons performing 

any services or furnishing or renting any materials or 

equipment used in the construction, alteration, or 

improvement of any building or structure or improve- 

ment to any premises in any manner and licensed 

architects and engineers and artisans who have furnished 

designs, plats, plans, maps, specifications, drawings, 

estimates of cost, surveys or superintendence, or who 

have rendered other like professional service, or 

bestowed labor, shall have a lien upon the property upon 

01' concerning which they have rendered service, per- 

formed labor, or furnished or rented materials or 

equipment. . . 

Simply stated, the right to fie a mechanic's lien arises when a 

person or entity furnishes labor, materials or services which 

improve real property. Not only may anyone who directly con- 

tracts with a property owner (i.e., an original contractor) to 

supply labor or materials for the improvement 01' construction 

of the owner's property fie a mechanic's lien, but also any 

person or entity, who is not an original contractor, furnishing 

labor or materials for the improvement or construction of the 

owner's property may fie a mechanic's lien as a subcontractor.2 

Section 38-1-3 is broad and grants the right to fie a mechanic's 

lien to material suppliers, piece workers and laborers, as well 

as to architects, engineers, consultants, surveyors, superinten- 

dents, and other professionals. Notwithstanding the fact that a 

person or entity may fal within one of the categories of persons 

or entities entitled to fie a mechanic's lien, if that person or 

entity is an unlicensed contractor, that person or entity may be 

barred from enforcing any mechanic's lien rights.3 

B. WHT TYES OF IMPROVEMENTS OR SERVICES 

RENDERED AR COVERED? 

A lien claimant's rights extend to labor or materials that are 

actually incorporated into the real property as part of "the 

construction, alteration, or improvement of any building or 

structure or improvement to any premises in any manner. 

Only permanent, physical improvements to real property wil 

give rise to a mechanic's lien right.5 The basic idea is that a 

person or entity should be granted protection if that person 01' 

entity, in fact, adds something permanent to the real property. 

Ultimately, whether any particular labor or materials are an 

"improvement to any premises" wil be determined on a case by 

case basis. One diffculty is the distinction between a fiture and 

personal property. While a fiture (i.e., an item of personal 

Mic!Jael D. Creer is an associate with the 

Salt Lake City laiufìrm ofScalley & 

Reading, Pc. He received his B.A. degree 

from the Universif;J! of Uta!J in 1992 and 

hisJD. degree from the University of 

Calijòmia, Hastings College of the Law 

in 1995. He concentrates !Jis practice in 

construction and real estate law, both 

litigation and transactions. 

"4 

~ ~ 

,\

property that is permanently attached to a building or land) is 

lienable, items of personal property, which are not incorporated 

permanently into improvements, are not lienable under Utah's 

laws. Relevant factors to determine whether labor and materials 

relate to a fiture or personal property include, without limita- 

tion, the purpose and use of the building or land, whether and 

how the particular item is attached or incorporated, and the 

tye of property attached or incorporated.6 

C. WHT is THE AMOUNT OF THE MECHAIC'S LIEN? 

Broadly speaking, a mechanic's lien claim is for the "value of 

the service rendered, labor performed, or materials or equip- 

ment furnished or rented."7 Claims are generally limited to 

"reasonable value." While the contract price may be persuasive 

to establish reasonable value, it wil not necessarily be conclu- 

sive on the issue. A lien claimant is also generaly entitled to 

interest on the amount the lien claimant recovers in the foreclo- 

sure of the mechanic's lien. Interest may be at the rate agreed 

upon by the parties or as statutorily determined. In addition, 

Section 38-1-18 states that, "in any action brought to enforce 

any lien under this chapter the success- 

ful party shall be entitled to recover a 

reasonable attorney's fee, to be fied by 

the court, which shall be taxed as costs 

in the action." A word of caution: this 

provision cuts both ways. If an alleged 

lien claimant loses, that person or entity 

wil be liable for the owner's attorney's fees as well as, poten- 

tially, the attorney's fees for any other person or entity who had 

a security interest in the real property which required such 

person or entity to defend in the action. Finally, costs are also 

recoverable by a successful lien claimant. However, the court 

has the discretion to "apportion the costs according to the right 

of the case. 

"8 Costs may include expenses incurred in prepar- 

ing, fing, perfecting, and enforcing the mechanic's lien 

including, without limitation, attorney's fees, filing fees, court 

fees, litigation expenses.9 

D. HOW DO YOU PERFECT A MECHAIC'S LIEN? 

The perfection of a mechanic's lien begins with the preliminary 

notice. Utah law does not require preliminary notices on resi- 

dential construction. For purposes of a preliminary notice, 

"residential construction" is defined as "single family detached 

housing and multifamiy attached housing up to and including 

fourplexes, and includes rental housing."10 However, the perfec- 

tion of mechanic's liens on all nonresidential construction first 

requires that a potential lien claimant, if not directly under 

(( . . fAj mechanic's liefl claim 

is for the (value of the service 

rendered, labor peroformed, 

or materials or equipment 

furnished or rented JJ 

contract with an original contractor, give a preliminary notice to 

the original contractor in accordance with the provisions relat- 

ing to form, contents, timing and service contained in Section 

38-1-27. Original contractors are not required to give a prelim- 

inary notice to the real property owner. 

Once the preliminary notice requirements, if any, are satisfied, a 

written notice of lien must be timely recorded with the county 

recorder of the county in which the real property is located. On 

a residence, the notice of lien must be recorded within 90 days 

from the date the lien claimant "last performed labor or service 

or last furnished equipment or material."l1 For the purposes of 

recording a notice of lien, a "residence" is defined as "real 

property used or occupied, to be used or occupied as, or in 

conjunction with, a primary or secondary detached single fam- 

ily residence or multifamily residence up to two units."12 On 

nonresidential construction, the notice of lien must be recorded 

within 90 days from the date "of final completion of an original 

contract."13 In both instances, Section 38-1-7 (2) requires that 

the notice of lien contain the following: 

a. the name of the reputed owner if known or, if not known, 

the name of the record owner; 

b. the name of the person by whom 

the lien claimant was employed or to 

whom the lien claimant furnished the 

equipment or material; 

c. the time when the first and last 

labor or service was performed or the 

first and last equipment or material was furnished; 

d. a description of the property, suffcient for identification; 

e. the signature of the lien claimant or the lien claimant's 

authorized agent; 

f. an acknowledgment or certificate as required under Title 5~, 

Chapter 3, Recording of Documents; and 

g. if the lien is on an owner-occupied residence, as defined in 

Section 38-11- 102, a statement describing what steps an 

owner, as defined in Section 38-11-102, may take to require 

a lien claimant to remove the lien in accordance with Section 

38-11-107. 

A properly perfected mechanic's lien wil "relate back to, and 

take effect as of, the time of the commencement to do work or 

furnish materials on the ground for the structure or improve- 

ment, and shall have priority over any lien, mortgage or other 

encumbrance which may have attached subsequently to the time 

when the building, improvement or structure was commenced, 

work begun, or first material furnished on the ground.''14 The 

perfection, and subsequent enforcement, of a mechanic's lien 

~Iå~ ~år J 0 URN A L 33

34 

provide a lien claiant with a signifcant remedy for the non- 

payment of labor and materials used to improve real property. 

On the other hand, faiure to properly perfect a mechanc's lien 

will cause the lien to be void. 

E. HOW DO YOU ENFORCE A MECHAIC'S LIEN? 

The enforcement of a mechanic's lien is generally referred to as 

a "foreclosure." A mechanic's lien foreclosure is simar to a 

mortgage foreclosure in that it is accomplished through a court. 

In a successful mechanc's lien foreclosure lawsuit, the court 

wil order the liened real property sold to pay the debt 

evidenced by the mechanc's lien. The sale is conducted by the 

county sherif. The real property, however, is subject to the 

statutory six month right of redemption from the date of the sale. 

On a residence, the lien claimant must fie a lawsuit to foreclose 

the mechanic's lien within 180 days "from the date the lien 

claimant last performed labor and services or last furnished 

equipment or material."15 On nonresidential construction, the 

lien claiant must fie a lawsuit to foreclose the mechanic's lien 

within 12 months "from the date of final completion of the 

original contract."16 In addition, in both instances, the lien 

claiant is required, withi the same relevant time period, to 

record with the county recorder of each county in which the 

mechanic's lien is recorded a notice of pendency (i.e. a Notice 

of Lis Pendens) of the lawsuit. 

17 Faiure to timely fie the lawsuit 

wi cause the mechanc's lien to be void. Faiure to timely 

record the Notice of Lis Pendens shal cause the mechanic's lien 

to be void, except as to those persons or entities who have been 

made parties to the lawsuit and as to persons or entities having 

actual knowledge of the commencement of the lawsuit. 

Utah's mechanic's lien law is a complicated area of law and 

contais many nuances. Cases interpreting Utah's mechanc's 

lien statute tend to be very fact specifc. While this article 

attempts to provide a brief overview of Utah mechanc's lien law, 

attorneys involved in, or desiring to become involved in, the 

preparation, fing, enforcing and defending of mechanc's liens 

must frequently consult all relevant statutes and case law to 

ensure al applicable requirements are timely satisfied. 

lUtah's mechanic lien statue is contained in Utah Code Ann. §§38-1-1 to -270997 & 

1998 Supp.). 

2In some instances on residential projects, Section 38-1-3 may require subcontractors 

to release their mechanc's lien and pursue recovery agaist the Residential lien 

Restriction and lien Recovery Fund Act That Act provides that a lien claiant on a 

residence, who has not contracted directly with the owner, cannot maintain a 

mechanic's lien against an owner's real propert if: (1) the owner has a written contract 

with an oiiginal contractor, (2) the owner assured that the original contractor was 

properly licensed, (3) the owner assured that all necessaiy bullding permits were 

obtaied from the applicable local government agency, and (4) the owner paid every- 

thing due under the written contract with the original contractor. Such a lien claimant 

must pursue recovery from the Residence Lien Restriction and Lien Recovery Fund and 

not agaist the owner's residence. 

3See Utah Code An. §58-50-11 (997) and§58A-I-16 (997). 

4Utah Code Ann. § 38-1-3. 

5SeeKing Brothers,Inc. v. Utah Dry Kiln Co., Inc., 374 P.2d 254 (Utah 1962). 

6State v. Papanikola, 427 P.2d 749, 751 (Utah 1967). 

7UtahCodeAn. §38-1-3. 

8Utah Code Ann. § 38-1-17. 

9 As a prerequisite to recoveiy of attorney's fees and costs, Section 38-1-7 requires a lien 

claiant, withi 30 days afer fig a notice of lien, to deliver or mail by certifed mail a 

copy of the notice of lien to either the reputed owner or record owner of the real 

propert. 

I°Utah Code An. §38-1-27(1). 

llUta Code An. §38-1-7(1) (a) 0998 Supp.). 

12Uta Code An. §38-11-102(l7 (997). 

13Utah Code Ann. §38-1-70) (b) 0998 Supp.). 

14Utah Code An. §38-1-5. 

15Utah Code An. §38-1-11(1)(b) (997). 

16Utah Code Ann. §38-1-11 0) (a) (997). 

17Utah Code An. §38-1-11 (2) (a) (997). 

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Young Lawyers Reaching Out to the Community 

By: Heidi Nestel and ALison Johnson, Co-chairs 

Young Lawyer's Community Services Committee 

The Young Lawyers Division of the Utah State Bar is dedicated 

to addressing the legal needs of Utah's communities. In order to 

do so, the Division, created the Community Servces Commttee 

which is co-chaired by Alson Johnson and Heidi Nestel. 

Although the Committee's general purpose is to address the 

legal issues afecting Utah's communities, the Committee specif- 

caly focuses on the legal needs of chidren and the elderly. 

These populations represent a signicant segment in our society 

yet are often vulnerable due to the lack of resources or abilties 

to protect their legal interests. The Community Services Com- 

mittee is dedicated to encouraging young lawyers to participate 

in creative projects which will serve these groups and have a 

positive impact on the community as a whole. 

Currently, the Community Servces Commttee is participating in 

and plannng a number of projects which specifcaly serve the 

mior and elderly populations in Utah. These projects are phe- 

nomenal opportunities for young lawyers to become involved in 

their community as well as the Utah State Bar. Below is a brief 

summar of the Commttee's major undertakings: 

1. Helping Seniors Avoid Abuse and Fraud. Durig the month 

of March, the Community Servce Commttee has developed a 

project which wi reach out to the elderly at senior servce centers 

throughout Salt Lake County and offer workshops on elder abuse 

and fraud. These workshops wil provide helpfu inormation to 

the elderly and answer specifc questions they may have regardig 

their legal interests and rights. In order to complete this project, 

the Committee needs approximately eight (8) young lawyers, 

preferably those who work in the above-listed legal areas, to 

volunteer a few hours for traig and conductig the workshops. 

2. Protect Your Child. Every year, chidren are abducted and, 

often times, parents do not have recent photographs or any tye 

of identig inormation on their chid. This project is intended 

to provide parents with important and basic information about 

their chidren which can be used by law enforcement personnel 

as well as prosecutors. Durig the fist week of May, young lawyers 

wil be stationed throughout the Wasatch Front where they wi 

figerprint, take instat photographs and record basic inormation 

about participating chidren. The inormation, photographs and 

figerprints will be kept in a folder which parents may keep and 

maita for their own records. In order to complete ths project, 

the Commttee needs up to th (30) young lawyers to volunteer 

time to develop the information packets as well as staf booths. 

3. Pro Bono Guardian ad Litem Training. Currently, the 

Community Servces Committee is helping to sponsor the Pro 

Bono Guardian ad Litem Traing. Every year, cases involving 

abused and neglected chidren are assigned to Pro Bono 

Guardian ad Litems - attorneys appointed by the Court to repre- 

sent the legal interests of these chidren. Although the Offce of 

the Guardian ad Litem just recently concluded a traig ses- 

sion, the Commttee encourages young lawyers to volunteer and 

partcipate in this worthwhie program. 

These are the major projects developed for this year and the 

Commttee is interested in additional ideas. If anyone is inter- 

ested in servg as a Community Servces Commttee member or 

would like to volunteer for a project, please contact Heidi Nes- 

tel at (801) 451-4301 or Alson Johnson at (801) 524-6601. 

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35

The Law Firm of 

I( I R TON & Me CON I( I E 

is pleased to announce that 

M I C H A ELF. K R lEG E R ~ Formerly of Workman, Nydegger & Seeley 

has joined the firm and will continue his practice in the areas of Patent, 

Trademark, Copyright and Software Related Matters. 

DAN I E L S. Me CON K I E ~ Formerly of Hanson, Epperson & Wallace 

has joined the firm and will continue his practice in the area of Insurance 

Defense. 

E RIC C. 0 L SON ~ Formerly of Van Cott, Bagley, Cornwall & McCarthy 

has joined the firm and will continue his practice in the area of Commercial 

Litigation. 

R. W ILL ISO R TON ~ Formerlv of Mackev, Price & Wiliams 

. has joined the firm and wilÍ continue his practice in the areas of Commercial 

Litigation and General Business Practice. 

JON E. WAD D 0 UPS ~ Formerly of Van Cott, Bagley, Cornwall & McCarthy 

has joined the firm and will continue his practice in the areas of Employment 

Law and Commercial Litigation. 

S T EVE N L. W HIT E H E A D ~ Formerly of American Stores Properties, Inc. 

has joined the firm and will continue his practice in the area of Real Property 

Transactions. 

SCOTT C. KRIEGER 

has joined the firm as an associate and will practice in the areas of Patent, 

Trademark, Copyright and Software Related Matters. 

MATTHEW K. RICHARDS 

has joined the firm as an associate and will practice in the areas of Risk 

Management and Commercial Litigation. 

AMY S. THO MAS 

has joined the firm as an associate and will practice in the areas ofTnsurance 

Defense and State Constitutional Law. 

IGrton & McConkie 60 East South Temple Salt Lake City, Utah 84111 

Telephone: 801 3283600 Facsimile: 801 321 4893 

l;.~

Technolo Review' " 

il l" /1Jii lW (,I J li ~r.l '~i ~ ,~iNwMJ 'Jji~ r;lJ'~ Wi'/,t, 

by Marsha Thomas 

Working at a law library, we are often asked whether the 

Internet wil replace Westlaw"" and Lexis"". We predict that it wil 

not. Although the Internet is becoming an excellent source for 

some recent legal materials, in most areas it stil lacks the 

retroactive coverage of traditional legal sources. Westlaw"" and 

Lexis"" have adapted to the Internet format well, and offer a fee- 

based web interface to their databases. 

WHT is VERSUSLAW? 

Having said all that, there is a competitor of Westlaw"" and 

Lexis"" out there on the Internet. It is called VERSUSLAW. This 

database allows full-text searching of (mostly) cases and is 

quickly obtaining retroactive coverage. For example, Utah Cases 

back to 1950 are available on VersusLaw. Many states go back 

even further. Federal appellate cases are also available (they are 

stil weak on the federal district court level). You have an option 

to search individual states or to search all the state or federal 

opinions at once. State statutes are just beginning to be loaded 

and some are not current (including the Utah statutes). Regula- 

tions, newspapers and journal articles are not yet available. 

SEARCHING VERSUSLAW 

There are two ways to search on VersusLaw - Boolean and 

Natural Language. The boolean searching is similar to boolean 

searching on Westlaw'" or Lexis"'. Most connectors are the 

same, except that if you do not put a connector between words 

it tries to find the words adjacent to one other, and there is no 

sentence (Is) or paragraph (/p) connector - instead you must 

specif the number of words you wil allow between your terms 

(Le. w/50). If you are familiar with Lexis"" or Westlaw"" search- 

ing, there is an operator comparison chart available. There is 

also "natural language" searching on Versuslaw, but instead of 

tryng to find the most occurrences of your words in a docu- 

ment, it looks for the words you input adjacent to each other. 

You can pull up a particular cite or restrict your searching to a 

particular level of court. Help screens are available to explain 

the searching methods and connectors. Although there is a 

SeachBuddy available to help formulate queries, I think it is 

easier to jump in and tty formulating the queries yourself. The 

searching is pleasantly easy. 

is IT EXPENSIVE? 

What is really amazing about this database is the cost. For attor- 

neys or the general public, the cost is $6.95 per month (yes, 

that is six dollars and ninety-five cents). This is for unlmited 

use. There are no additional per minute or printing charges. 

DISPLAYING AND PRINTING THE RESULTS. 

Once you run a search, VersusLaw wil give you a cite list of the 

results. Clicking on one of those results wil show you the full- 

text of the case. Often (but not in every case) it wil give you the 

regional reporter citation of the case, along with any uniform 

tye of citation required. The paragraphs are numbered (rather 

than having page numbers). Your search terms are shown in 

bold or red so you can easily locate them by scrollng down the 

screen. Of course, you won't get West's topic and key numbers 

because this isn't a West product. Printing the case will yield 

what you see on the screen. To save a case, the procedure 

changes depending upon the date of the case. You wil be 

instructed either to download a fie or to save the fie as text 

only. You can also cut and paste results to a word processor. 

WHT DOES THIS MEAN FOR ME? 

My prediction is that if VersusLaw can keep the cost low, more 

Marsba Tbomas is tbe Head ofTeachillg 

and a RefeJ'iice Librarian at tbe SJ 

f)uinney Law Library She rqcqilJ~d bel' 

JD. jiom tbe úniversif,J1 of ltab College 

ofLâtu in 1992, and cUl'rRntly coordi- 

nates tbe te(l(;biiig s(!rvicps offered by 

the LibraiJ! Sbe tqacbpc I1pf.i1Ziillg and 

Advanced Legal IIPse(f1:h to law sm 

dents. Siy alw) io( l1ks tlJ 'riNPiice desk wbere sbe belps all 

t)lJes of peoplr'fìlld all t)Jes of legal Í1~/Ò1'nation. 

~~~ ~ 0 URN A L 

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II 

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, 

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38 

and more attorneys wil begin to use VersusLaw as an alternative 

for inexpensive full-text searching. Once people try VersusLaw, 

they usualy like it because the searching is easy and it generally 

yields results. It is a great place to start case research when you 

are just fishing around for that "one good case" on the topic. To 

dig further, then you can take the results you find on VersusLaw 

to more traditional research tools. Give it a test drive at 

http://ww.versuslaw.com. if you have more questions about 

VersusLaw and want to talk to a live person, their phone num- 

ber is (425) 250-0142. 

As always, if you have questions about this or legal research in 

general, you can contact any of the Reference Librarians at the 

SJ Quinney Law Library (581-6438). We are on duty Monday- 

Saturday from 9:00 a.m. to 5:00 p.m. (and often on call until 

7:00 p.m.) and 9:00 a.m. - 5:00 p.m. on Saturday. 

- -- 

./ / -- 

-- 

~ 

Great: idea. 

Advertising in the Utah Bar Journal is a really 

great idea. Reasonable rates and a circulation of 

approximately 6,0001 Call for more information. 

Shelley Hutchinsen · (801) 486-9095 

ABA Section of Natural Resources, Energy and Environmental Law 

In cooperation with the Rocky Mountain Mineral Law Foundation 

presents 

The 13th Annual 

Developments and Trends in Public Land, 

Forestry, and Mineral Law 

March 26-27, i 999 

Renaissance Cottonwoods Resort · Scottsdale, Arizona 

Section/RMMLF Members 

Other ABA Members 

General Attendance 

Topics Include: 

· Public land law updates covering mining, oil, gas, and forestry issues 

by agency representatives and congressional staff. 

· Federal mineral royalty trends. 

· Endangered Species Act developments. 

· Wetlands issues in natural resource projects 

· Land exchanges. 

· Interior regulation of hardrock mining (43 C.P.R. §3809). 

Advance Registration Deadline: March 15, 1999 

Program Registration Fees: 

$350 Government, Public Interest, 

$400 Academics and Tribal Leaders 

$450 Law Students 

Questions? Call (312) 988-5724 

$225 

$80

Utah Bar foundation 

lJ ~ "/1; -rl ;1' .Ilt/l,I Ji J"""'J r'~ 

NOTICE is HEREBY GIVN, in accordance with the bylaws of the 

Utah Bar Foundation, that an election of three trustees to the 

Board of Trustees of the Foundation wil be finalized at the 

annual meeting of the Foundation held in conjunction with the 

1999 Utah State Bar in Sun Valley, Idaho. 1\o of the trustee 

positions are currently held by Stewart M. Hanson, Jr. and 

Joanne C. Slotnik. The third position is open. Terms of the 

positions are all three years. 

Nominations may be made by any member of the Foundation 

(every attorney licensed to practice law in the State of Utah is 

also a member of the Foundation) by submission of a written 

nominating petition identifyng the nominee, who must be an 

vi ;¡VI~ V 

~ (! 

I · li 

active attorney duly licensed to practice law in Utah, and signed 

by not less than 25 attorneys who are also duly licensed to 

practice law in Utah. 

Petitions should be mailed to the Utah Bar Foundation, 645 

South 200 East, Salt Lake City, UT 84111 so as to be received on 

or before April 30, 1999. Nominating petition forms can be 

picked up at the Foundation offce or requested by telephone 

(297-7046). The election wil be conducted by secret ballot 

mailed to al active members of the Foundation on or before 

May 31, 1999. Winners of the election wil be announced at the 

Bar's annual meeting in Sun Valley. 

tliuh f:ar floundatio'l rJ',~'ni~~1ii;J' l .11, 'VU/l; ~f/nt''tUnIJ, IUl.~ 

The Utah Bar Foundation wil award two $3,000 1999 Commu- 

nity Service Scholarships this spring - one to a student at the J. 

Reuben Clark Law School at Brigham Young University and one 

to a student at the University of Utah College of Law. 

To qual to receive one of these scholarships, the student must 

have participated in and made a significant contribution to the 

community by performing community service for organizations 

such as Legal Aid Society, Utah Legal Services, Traveler's Aid, 

Guadalupe Schools, Salt Lake Detention Center, Odyssey House, 

J993' ¡Ol.TA Grani Appltcatton ø¥( '.;~S.~ 

Organizations seeking a Utah Bar Foundation 1999 grant may 

obtain an application form from the Utah Bar Foundation offce 

in the Law & Justice Center, 645 South 200 East, Salt Lake City, 

UT 84111 (cal 297-7046) . The deadline to submit an applica- 

tion for a 1999 grant is May 31, 1999. 

The Utah Bar Foundation was organized in 1963 as a non-profit 

charitable corporation. Al licensed members of the Utah State 

Bar are automatically members of the Foundation and can 

make direct contributions and/or participate in the Interest on 

Lawyers Trust Account (IOLTA) Program that generates funds 

for grants. A seven-member Board of Trustees administers these 

Bennion Center, Utah Law-Related Education Project or other 

community groups. 

Applicants should send application letters and resumes to the 

Utah Bar Foundation, 645 South 200 East, Salt Lake City, UT 

84111, describing the service performed, identifyng the benefi- 

Vi / 

ciary or organization receiving the service and naming 

individuals who can be contacted concerning that service. 

Deadline: March 31, 1999. 

The application consists of a financial budget supported by a 

narrative proposal not to exceed eight pages. The Trustees 

prefer grant applications which specifically describe the pur- 

pose of the request and how the funds are to be used. Those 

receiving grants must agree to report the use of the funds. 

funds and awards grants annually to community agencies that 

support legal services to the disadvantaged, improve the admin- 

istration of justice, support law-related education and other 

law-related purposes. In 1998 $325,333 was awarded, making 

a total of over $2.5 mion since 1985. 

~ian ~ar J 0 URN A L 39

40 

Clf Calendar 

iJtai State Bar 

MID-YEAR MEETING 

DATES: March 4 - 6, 1999 

PIACE: The Dixie Center · St. George, Utah 

LAW AND ECONOMIC SOCIElY: mE LAW AND 

ECONOMICS OF CONSTRUCTION CLAM DAMGES wim 

PAUL FlCCA AND JOHN KNOLL OF ARmUR ANDERSON 

Date: Thursday, March 11, 1999 

Time: 12:00 p.m. 

Place: Utah Law & Justice Center 

Fee: $35.00 includes lunch 

CLE Credit: 1 HOUR 

To Register: send your name, bar number and registration fee 

to 645 S. 200 E., S.L.C., UT 84111. 

ALI-ABA SATELLITE SEMINAR: HEALm PLAS, HIPAA, 

AND COBRA UPDATE 

Date: Tuesday, March 16, 1999 

Time: 10:00 a.m. to 2:00 p.m. 

Place: Utah Law &Justice Center 

Fee: $165.00 per program 

(To register please call1-800-CLE-NEWS) 

CLE Credit: 4 HOURS 

ALI-ABA SATELLITE SEMINAR: LIMITED LIABILIlY 

ENTITIES: LLCS, LLPS, AND OTIR UNINCORPORATED 

BUSINESS ENTITIES 


Time: 1000 a.m. to 2:00 p.m. 




CLE Credit: 4 HOURS 

NLCLE WORKHOP AN PRIMER: LAOR & EMPLOYMNT 


Time: 5:30 p.m. to 8:30 p.m. 


Fee: $30.00 for members of the Young Lawyers Division; 

$60.00 for nonmembers 

CLE Credit: 3.0 HOURS CLElLCLE 


to 645 S. 200 E., S.L.C., UT 84111. 

ALI-ABA SATELLITE SEMINAR: COPYRGHT & TRE- 

MA LAW FOR mE NONSPECIALIST - 

UNDERSTANDING mE BASICS 

Date: Thursday, April 8, 1999 

Time: 9:00 a.m. to 4:00 p.m. 




CLE Credit: 6.0 HOURS 

Those attorneys who need to comply with the New Lawyer CIJJ 

requirements, and who live outside the Wasatch Front, may 

satisfY their NLCLE requirements by videotape. Please contact 

the CLE Department (801) 297-7033,Jor further details. 

Seminar fees and times are subject to change. Please watch your 

mail for brochures and mailings on these and other upcoming 

seminars for final information. Questions regarding any Utah 

State Bar CLE seminar should be directed to Connie Howard, CLE 

Coordinator, at (801) 297-7033. Registration is not considered 

final until payment is received. 

r-----------------CLE--REGiSTRAiON--poRi-----------------, 

¡ TITLE OF PROGRA FEE 

1. 

2. 

Make all checks payable to the 

Utah State Bar/CLE Total Due 

Name Phone 

Address City, State, Zip 

Bar Number American ExpresslMasterCardlSA Exp. Date 

Credit Card Bilng Address City, State, ZtP 

Signature 

Please send in your registration with payment to: Uta State Bar, CLE 

Dept., 645 S. 200 E., S.L.C., Uta 84111. The Bar and the Continuing 

Legal Education Department are workig with Sections to provide a fu 

complement of live seminars. Please watch for brochure maigs on these. 

Registration Policy: Please register in advance as registrations are taken 

on a space available basis. Those who register at the door are welcome but 

cannot always be guaranteed entrance or materials on the seminar day. 

Cancellation Policy: Cancellations must be confrmed by letter at least 

48 hours prior to the seminar date. Registration fees, minus a $20 nonrefundable 

fee, wi be returned to those registrants who cancel at least 48 

hours prior to the seminar date. No refunds wi be given for cancellations 

made afer that tie. 

NOTE: It is the responsibilty of each attorney to maintain records of his or 

her attendance at semiars for purposes of the 2 year CLE reportig period 

required by the Utah Mandatory CLE Board. 

1._______________________________________________________________________________________

CORPORATE COUNSEL SECTION: SPRING SEMINAR & 

ANNUAL MEETING 


Time: 7:30 a.m. to 1:00 p.m. 

Place: 

Fee: 

CLE Credit: 

(Registration and Continental Breakfast begins at 

7:30 a.m. and lunch at noon is included) 

Utah law & Justice Center 

TBA 

4.0 HOURS 

NLCLE WORKHOP AND PRIMER: ESTATE PLAING 


Time: 5:30 p.m. to 8:30 p.rn 

Place: Utah Law &,Justice Center 





to 645 S. 200 E., S.L.C., UT 84111. 

ALI-ABA SATELLITE SEMINAR: THE BEGINNING OR END 

OF THE CASE? 


Time: 1000 a.m. to 2:00 p.m. 


Fee: $165.00 ($85.00 for government employees, 

$50.00 for students) 

(To register, please caIIJ-800-CLE-NEWS) 


NEW PROGRA - NATIONAL PRACTICE INSTITUTE: 

ACCOUNTING FOR LAWYRS 

Date: 

Time: 

Place: 

Fee: 

CLE Credit: 

Friday, April 23, 1999 

9:00 a.m. to 5:00 p.m. (8:30 registration and 

continental breakfast) 

Utah Law &,Justice Center 

NOTE CHAGE IN PRICING: $195.00 for all 

Utah State Bar members ($205.00 at the door) Al 

others $206.25 ($216.25 at the door). To register 

by credit card cal 1-800-328-4444 or f'. to 

1-612-349-6561 or send check to National Practice 

Institute, 701 Fourth Avenue South, Suite 800, 

Minneapolis, MN 55415-1634 

7.5 HOUR 

ALI-ABA SATELLITE SEMINAR: DRAING AND 

ENFORCING TREMA, COPYRGHT AND SOFfAR 

LICENSING AGREEMENTS 

Date: Thursday, May 6, 1999 

Time: 9:00 a.m. to 4:00 p.m. 



(To register, please caIIJ-800-CLE-NEWS) 

CLE Credit: 6.0 HOUR d 

ANAL FAMILY LAW SEMINAR AN MEETING 

Date: Friday, May 7, 1999 

Time: 8:00 a.m. to 12:00 p.m. 


Fee: TBA 



to 645 S. 200 E., S.L.C., UT 84111. 

LAW AND ECONOMICS SOCIETY: THE LAW AND 

ECONOMICS OF SPORTS WITH ROBERT TOLLISON, 

PH.D., DEPARTMENT OF ECONOMICS, UNIVERSITY OF 

MISSISSIPPI 





CLE Credit: 1.0 HOUR 


to 645 S. 200 E., S.L.C., UT 84111. 

FIRST ANAL LAOR AND EMPLOYMENT SEMINAR 

Date: Thesday, May 25, 1999 

Time: 8:00 a.m. to 12:00 p.m. (registration begins at 

8:00 with continental breakfast) 


Fee: TBA 

CLE Credit: 4.0 HOUR (including 1 hour in ethics) 


to 645 S. 200 E., S.L.C., UT 84111. 

NLCLE WORKHOP AND PRIMER: CRIMINAL LAW 


Time: 5:30 p.m. to 8:30 p.m. 




CLE Credit: 3.0 HOUR CLElLCLE 


to 645 S. 200 E., S.L.C., UT 84111. 

LAW AND ECONOMICS SOCIETY: MERGERS IN HIGH 

TECH INDUSTRES WITH DUNCAN CAMERON, 

ECONOMIST, PRIVATE PRACTICE LECG, LOS ANGELES 

Date: Thesday,June 8, 1999 



~i8~ ~m 

41

42 




to 645 S. 200 E., S.L.C., UT 84111. 

NEW LAWYR MAATORY SEMIAR 

Date: Friday, June 11, 1999 


Place: Westmister College, Gore Auditorium 

(Note change oflocation) 

Fee: $40.00 

CLE Credit: Fulflls New Lawyer Ethics Requirements 


to 645 S. 200 E., S.L.C., UT 84111. All New Lawyers in Utah are 

required to attend one Mandatory Seminar during their first 

compliance period 

ALI-ABA SATELLITE SEMINAR: LITIGATION CASE 

MAAGEMENT FOR LEGAL ASSISTANTS 

Date: Thursday, June 17, 1999 

Time: 9:00 a.m. to 3:00 p.m. 


Fee: $249.00 

(To register, please caII1-800-CLE-NEWS) 


NLCLE WORKHOP AND PRIMER: TAX LAW 

Date: Thursday, June 24, 1999 

Time: 5:30 p.m. to 8:30 p.m. 




CLE Credit: 3.0 HOUR CLELCLE 


to 645 S. 200 E., S.L.C., UT 84111. 

IJta1 §tate Bar 

ANNUAL MEETING 

DATES.'June 30 -July 3, 1999 

PlACE: Sun Valle, Idaho 

NLCLE WORKHOP AND PRIMER: SECURITIES LAW 

Date: Thursday, August 26,1999 

Time: 5:30 p.m. to 8:30 p.m. 




CLE Credit: 3.0 HOURS CLElCLE 


to 645 S. 200 E., S.L.C., UT 84111. 

IJta1 §tate Ba 

ANAL SECURITIES LAW SEMINAR 

DATES: August 20 - 21, 1999 

PlACE: Snow King Lodge, · Jackson Hole, Wyoming 

NLCLE WORKHOP AND PRIMER: FAMILY LAW 

Date: Thursday, September 23, 1999 

Time: 5:30 p.m. to 8:30 p.m. 






to 645 S. 200 E., S.L.C., UT 84111. 

NLCLE WORKHOP AND PRIMER: 

LAW OFFICE MAAGEMENT 

Date: Thursday, October 21, 1999 

Time: 5:30 p.m. to 8;30 p.m. 




CLE Credit: 3.0 HOURS CLElCLE 


to 645 S. 200 E., S.L.C., UT 84111. 

Emics OPINION DIAOGUE: AN ACTIAL APPLICATION 

TO ETHICS OPINIONS 

Date: Friday, October 29, 1999 



Fee: $40.00 

CLE Credit: 3.0 HOUR CLElLCLE ETHICS 

NEW LAWYR MAATORY SEMINAR 

Date: Friday, November 5, 1999 


Place: TBA 

Fee: $40.00 

CLE Credit: Fulflls New Lawyer Ethics Requirements 


to 645 S. 200 E., S.L.C., UT 84111. AllNew Lawyers in Utah are 

required to attend one Mandatory Seminar during their first 

compliance period 

LAW & TECHNOLOGY UPDATE: mE LATEST IN TECHNOL- 

OGY AND SOFfAR DEMONSTRTIONS 

Date: Tuesday, November 9, 1999 


Place: Utah Law & Justice Center

Fee: $60.00 

CLE Credit: 4.0 HOUR CLE 


to 645 S. 200 E., S.L.C., UT 84111. 

NLCLE WORKHOP AND PlUMER: LITIGATION 

Date: Thursday, December 16, 1999 

Time: 5:30 p.m. to 8:30 p.m. 






to 645 S. 200 E., S.L.C., UT 84111. 

Visit our website ww.utahbar.orglcalendar/ 

for more information. 

1999 

New Lawyer Workshops and Primers 

TOPIC DATE 

Labor/Employment March 25, 1999 

Estate Planning April 22, 1999 

Criminal May 27, 1999 

Tax June 24, 1999 

Security August 26, 1999 

Family Law September 23, 1999 

Law Offce Management October 21, 1999 

Litigation December 16, 1999 

Code-Co's Internet Access to Utah Law 

http://www.code-co.com/utah 

With a computer and a modem, eveiy member of your finn can have unlimted access to 

~ The Utah Code 

~ The most recent Utah Advance Reports 

~ The Utah Administrative Code 

~ The Utah Legislative Report 

and 

Code-Co's NEW 

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_ Always current _ No "per minute" charges _ Much lower cost than an "on-line" service _ 

_ FULL TEXT SEARCHING _ 

Preview on the Internet at: htt://ww.code-co.com/utah. 

get a FREE TRIAL PASSWORD from Code-Co* at 

E-mail: admin(Ðcode-co.com 

SLC: 364-2633 Provo: 226-6876 

Elsewhere Toll Free: 1-800-255-5294 

"Also ask about customer Special Package Discount 

~tan Bar 

43 

~ i 

I

I 

'44 

Classified Ads 

RATES & DEADLINES 

Bar Member Rates: 1-50 words - $20.00/51-100 words 

- $35.00. Confdential box is $10.00 extra. Cancellations must 

be in writing. For inormation regarding classifed advertising, 

please cal (80l) 297-7022. 

Classifed Advertising Policy: No commercial advertising is 

alowed in the classifed advertising section of the Journal. For 

display advertising rates and information, please call (801) 

486-9095. It shal be the policy of the Utah State Bar that no 

advertisement should indicate any preference, limitation, speci- 

fication or discrimination based on color, handicap, religion, 

sex, national origin or age. 

Utah Bar Journal and the Utah State Bar do not assume any 

responsibilty for an ad, includig errors or omissions, beyond 

the cost of the ad itself. Claims for error adjustment must be 

made within a reasonable time afer the ad is published. 

CAVEAT - The deadline for classifed advertisements is the 

first day of each month prior to the month of publication. 

(Example: May 1 deadline for June publication). If advertisements 

are received later than the first, they wil be published in 

the next avaiable issue. In addition, payment must be received 

with the advertisement. 

BOOKS FOR SALE 

Pacifc Reporter - First and 2nd, Complete set; Excellent condi- 

tion; $1,500.00; Cal Susan Kaercher C' 801-237-0256. 

POSITIONS AVAILABLE 

Salt Lake Law Firm seeking full time Estate & Business Plannig 

background, recent law school graduate. Send a resume to 

Christine CritcWey, Utah State Bar, 645 South 200 East Conf- 

, 

dential Box #35, Salt Lake City, Uta 84111. 

RE ESTATE ATTORN. Medium sized law firm (10 attorneys) 

in Boise, Idaho has a position avaiable for an associate attorney 

with 3-5 years experience in commercial real estate law. Shop- 

ping center experience preferable. Salary commensurate with 

market plus bonus. Send confdential resume to Hiring Partner 

at Meulemann & Miller LLp' PO Box 955, Boise, ID 83701 or 

e-mai tomollerupC.idaholaw.com. 

Salt Lake Legal Defender Association is currently updating its 

trial and appellate attorney roster. If you are interested in sub- 

mitting an application, please contact F. John Hil, Director, for 

an appointment at (80l) 532-5444. 

LITIGATION PAREGALS - SALT LA CITY OFFICE OF 

LAGE LAW FIRM SEEKS TWO PAREGALS TO WORK 

wim ATfORNYS ON COMMRCIA LITIGATION AND 

PRODUCT LIABILITY MATfRS. MINIMUM 2 YEAR 

EXPERIENCE PREFERRD. 4- YEAR DEGREE AND SATIS- 

FACTORY COMPLETION OF PAREGAL TRNING 

PROGRA REQUIRED. FAX RESUME, IN CONFIDENCE, 

TO MEREDIm BRET, SNELL & WILMR, (602) 382-6070. 

Promient Salt Lake City Law Firm has position avaiable for an 

associate attorney. Strong credentials and writing skis 

required. 0-2 years experience. Firm has broad commercial 

litigation practice. Send resume and writing sample to Christine 

CritcWey, Utah State Bar, 645 South 200 East, Suite 310, Conf- 

dential Box #62, Salt Lake City, Utah 8411 1. 

POSITIONS SOUGHT 

CONTRACT WORK; Ease your workload and let us help you. 

Smal firm with civi and criminal experience is avaiable for 

contract work at reasonable rates. Services include research , 

document drafing, appeals, and court appearances. Overson & 

Bray, L.L.C., 1366 Murray-Holladay Road, Salt Lake City, Utah 

84117 (80l) 277-0325. 

OFFICE SPACE / SHARING 

ATfORNYIPROFESSIONAL: SHA DOWNOWN OFFICE ~ 

SPACE with two established attorneys. Rent includes reception- 

ist, parkig, conference room, copier, fax, kitchen, and library. 

Inquiries cal: (80l) 579-0600. 

Restored Mansion 174 East South Temple: avaiable for lease 

two offces (272 square feet and 160 square feet) with confer- 

ence room, reception, work room, (total 414 square feet), 

lavatory, kitchen, storage, off-street parking. Fireplaces, hard- 

wood floors, stained glass, antique woodwork and 

appointments. Cal 539-8515. 

Deluxe offce avaiable in convenient downtown location in 

offce sharing arrangement. Receptionist, copier, fax and tele- 

phone system avaiable. Cal 575-7100.

SHA OFFICE SPACE with two established attorneys. Walk to 

State and Federal Courthouses. Judge Buiding, Third South and 

Main. Offce overlooks Third South. Copier, fax, conference 

room, secretarial desk. Call Steve (i (801) 554-8252. 

Exchange Place Historical Bldg., located hal a block from new 

courts complex, has 844 sq. ft. offce space, includes reception 

area, small conference room for $975.00 month, and a 480 sq. 

ft. space for $750 a month, and 350 sq. ft. space for $380.00. 

Receptionist, conference room, fax, copier, and librar are 

negotiable. Parking avaiable. Contact Joanne Brooks (i (801) 

534-0909. 

Attorney offce sharing with conference room, receptionist, 

good off-street parking, copier and fax. Close to 

courts and law librar. Call (801) 355-5300. 

SERVICES 

LOANS for plaintifs in a person injury lawsuit. Delaware Fund- 

ing (80l) 532-6545. 

LUMP SUMS CASH PAID For Remaining Payments on Seller- 

Financed Real Estate Notes & Contracts, Business Notes, 

Structured Settlements, Annuities, Inheritances In Probate, 

LotteryWinnings. Since 1992. ww.cascadefunding.com. CAS~ 

CADE FUNDING, INC. 1(800)476-9644. 

APPRASALS: CERTIFIED PERSONAl. PROPERTY 

APPRASALS/COURT RECOGNIZED - Estate Work, Divorce, 

Antiques, Insurance, Fine Furniture, Bankruptcy, Expert Wit- 

ness, National Instructor for the Certifed Appraisers Guild of 

America. 1\enty years experience. Immediate servce avaiable, 

Robert Olson C.A.G.A. (801) 580-0418. 

SEXUAL ABUSE-CHILD ABUSEIEFENSE: IMPEACH child's 

out-of-court testimony. IDENTIFY sources of error with inter- 

viewer questionig, bias, props, and procedures. ASSESS 

statement reliabilty and contamination. DETERMINE origin of 

alegations and alternative hypotheses. Bruce Gifen, M.Sc. 

Evidence Specialst. American Psychology-Law Society. (80l) 

485-4011. 

SKIP TRCINGILOCATOR: Need to find someone? wil 

locate the person or no charge and no minimum fee for 

basic locate. 87% success rate. Nationwide. Confdential. 

Other attorney needed searches/records/reports/information 

services in many areas from our extensive databases. Tell us 

what you need. Verif USA. (888) 2-Verif. 

I -I 

Judgement Rendered! 

The Verdict is Clear. 

§Z W~WMÝ8ú'~ 

to~£-~~/V 

~thtf 

1i,- 

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w~ I' £-Y't' cuj7~~ CU 

~£-~cu$/.,)~~~th~dw 

cu~a~o#~.. 

W~~~ £-cu~o/aMa 

. 

o/awe~~... 

~~ £-~ckl'~£-~ 

Commercial Club 

Building, LLC 

32 Exchange Place 

SLC, Ut 84111 

Contact Patrick Knowlton 

328-8108 

~ta~ ~ar 

45

') 

46 

Attorneys Needed to Assist the Elderly 

Needs of the Elderly Committee Senior Center Legal Clinics 

Attorneys are needed to contribute two hours during the next 

12 months to assist elderly persons in a legal clinic setting. 

The clinics provide elderly persons with the oppõrtunity to 

ask questions about their legal and quasi-legal problems in 

the famar and easily accessible surroundings of a Senior 

Center. Attorneys direct the person to appropriate legal or 

other services. 

The Needs of the Elderly Commttee supports the participating 

attorneys, by among other things, providig information on 

the various legal and other servces available to the elderly. 

Since the attorney serves primarily a referral function, the 

attorney need not have a background in elder law. Participat- 

ing attorneys are not expected to provide continuing legal 

representation to the elderly persons with whom they meet 

and are being asked to provide only two hours of time during 

the next 12 months. 

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now, let us be Number 2 

so that if your current printer ever 

doesn't give you the 

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We think you wil be 

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& STAMP CO., INC. 

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1345 South Main Street - Salt Lake City, Utah 84115 

Toll Free 800.420-617' Toll Free Fax 800-898-0463' Fax (801) 486-6463 

The Needs of the Elderly Commttee instituted the Senior Center 

Legal Clinics program to address the elderly's acute need for 

attorney help in locating avaiable resources for resolving their 

legal or quasi-legal problems. Without this assistance, the 

elderly often unnecessarily endure confsion and anxety over 

problems which an attorney could quickly address by simply 

directing the elderly person to the proper governmental 

agency or pro bonol1ow cost provider of legal services. Attor- 

neys participating in the clics are able to provide substantial 

comfort to the elderly, with only a two hour time commtment. 

To make these clinics a permanent service of the Bar, partici- 

pation from individual Bar members is essential. Any 

attorneys interested in participating in this worthwhie pro- 

gram are encouraged to contact: Tom Christensen or Aimee 

Housley at 531-8900 or 323-2242, Fabian and Clendenin, 

215 South State, #1200, Salt Lake City, Utah 84111. 

\\e~a BeckJloSOll 

~\ahip Rep~ 

"The Keys to the Courthouse" 

p'U í$(J & Pee Sew 

Keynote 

Judge Judith Billings 

March 24, 1999 at 7:00 pm 

University of Utah, College of Law 

Moot Court Room 

(Lobby Reception Following Scholarship Award) 

CLE Credits Available 

Contact: Alson Librett 8011538-6268 

alibrett~doh.state. ut. us

CONNIE HOWAR 

Meet Connie Howard, the new Continuing 

Legal Education Coordinator for the Bar. 

In August 1998 she was surprised and 

excited to be extended an offer from the 

Bar for her current position and began in 

September. For the prior seven years 

Connie worked as a Legal Assistantlarale- 

gal. Most of that time was spent working free-lance. If you are a 

thorough reader of the Utah Bar Journal you may have noticed 

that she was listed on the staf page from September of 1997 

through March of 1998 under the Offce of Professional Con- 

duct where she worked as a Legal Assistantlaralegal. 

Afer four months as CLE Coordinator Connie tells us that her 

position requires the use of al of her Legal Assistantlaralegal 

and computer skis. Additionaly, she enjoys seeing attorneys 

and support staf she worked with in the past, "at the Bar you 

are bound to run into alost everyone within the legal commu- 

nity you know and of course, get to know quite a few more." 

Besides her work as the CLE Coordinator she is a board mem- 

ber on the Legal Assistants' Division of the Bar. With the 

creation of the Legal Assistants' Division she believes that "Legal 

Assistants/Paralegals are creating an important niche in the 

legal community and are enhancing their profession." Connie is 

also encouraged with the membership requirements being 

implemented the next renewal session, July 1999. She feels that 

every Legal Assistantlaralegal meeting the requirements should 

inquire and join the Division and then participate. 

Born and raised with an older brother in northern Wyoming she 

moved to Salt Lake in 1988. She has three chidren ages 17, 14 and 

10 and is married to a Salt Lake City criminal defense attorney. 

SADIE EYR 

Any person applying for admission to the 

Utah State Bar has the pleasure of speak- 

ing with Sadie Eyre. Sadie, a new face at 

the Bar is Admissions Assistant. She is 

bright and enthusiastic as she greets each 

question. Twce a year (historiCaly, at 

least 94% of the time) she can say to the 

other person on the telephone "you passed." Sadie came to the 

Bar from Sutherland Title Company. Prior to this, Sadie was a 

High School graduate. She graduated a year early from 

Springve High School where she had interests in alost every- 

thing. Specifcaly, she participated in drama and was a 

cheerleader. 

She recently moved out into an apartment with a few girlfriends. 

Sadie says there isn't much of a diference living away from home 

because there were al girls at home too. Sadie is the youngest 

of five girls where each is completely diferent, despite their 

similar looks. Currently, she enjoys working out at the local gym 

where she plans to meet the man of her dreams. She also loves 

the outdoors - biking, hiking, rollerblading, and sking. 

Sadie had an early New Year's resolution not to drive. Due to 

her three car accidents this past year, she advises that it is best 

to deal with her in the offce, and stay away from her on the 

roads. Her spunky personalty and dramatic liestyle keep her 

coworkers entertained. She loves working for Darla Murphy, 

Admssions Admistrator, from whom she says she learns a lot. 

LEXIS(i-NEXIS(i By Credit Card 

Expands Research Options 

for Non-Subscribers 

Combines power of LEXIS 

database and the convenience 

of credit cards 

LEXS-NEXS announced that it has made accessing legal 

research information as simple as purchasing books, 

toys and sporting goods over the Internet. 

The capabilty, LEXS-NEXS by Credit Card, alows users 

to quickly retrieve a single document, conduct research 

with easy-to-use search forms, or perform research 

using their own search terms. Users can also Shepar- 

dize'" a case to research its positive and negative 

treatment and valdate citation formats with Autocite"'. 

"Now users can just say 'charge it' when they use LEXS- 

NES," said Nick Emrick, vice president and general 

manager, LEXS Onlne Publishing. "With LEXS-NEXS 

by Credit Card, attorneys can access the power of LEXS 

without a subscription." 

~i~~ ~~r 

47

BAR COMMISSIONERS 

James C. Jenkns 

¡President 

Tel: 752-1551 

Charles R. Brown 

President-Elect 

Tel: 532-3000 

Adas 

John 

Tel: 323-3301 

Theresa Brewer Cook 

Tel: 352-1384 

Scott Daniels 

Tel: 583-0801 

Sharon Donovan 

Tel: 521-6383 

Calvin Gould 

Tel: 544-9308 

Rady S. Kester 

Tel: 489-3294 

DebraJ. Moore 

Tel: 366-0132 

David O. Nuffer 

Tel: 674-0400 

Ray O. Westergard 

Public Member 

Tel: 531-6888 

Fracis M. Wikstrom 

Tel: 532-1234 

D. Frank Wilkins 

Tel: 328-2200 

*Ex Offcio 

(non-votig commssioner) 

*Brian W. Jones 

President, Young Lawyers Division 

Tel: 594-8177 

*H. Reese Hansen 

Dean, Law School, 

Brigham Young University 

Tel: 378-6383 

*Mari Hanson 

Women Lawyers Representative 

Tel: 378-4276 

*Sanda Kirkham 

Legal Assistat Division Representative 

Tel: 263-2900 

*James B. Lee 

ABA Delegate 

Tel: 532-1234 

*Scott M. Matheson, Jr. 

Dean, Law School, 

University of Uta 

Tel: 581-6571 

*Charlotte L. Miler 

Immediate Past President 

Tel: 269-1532 

*Paul T. Moxley 

State Bar Delegate to ABA 

Tel: 363-7500 

*Narda Beas-Nordell 

Minority Bar Association 

Tel: 495-7446 

DIRECTORY OF BAR COMMISSIONERS AN STAFF 

*Steven M. Kaufman 

Representative to judicial Council 

Tel: 394-5526 

UTAH STATE BAR STAF 

Tel: 531-9077 · Fax: 531-0660 

E-mai: ino(ßutabar.org 

Executive Offces 

John C. Baldwi 

Executive Director 

Tel: 297-7028 

Richard M. Dibblee 

Assistant Executive Director 

Tel: 297-7029 

Maud C. Thurman 

Executive Secretary 

Tel: 297-7031 

Katherine A. Fox 

General Counsel 

Tel: 297-7047 

Access to Justice/ro Bono Deparent 

Toby J. Brown 

Administrator 

Tel: 297-7027 

Charles RB. Stewart 

Pro Bono Coordinator 

Tel: 297-7049 

Continuing Legal Education Deparent 

Toby J. Brown 

Administrator 

Tel: 297-7027 

Connie Howard 

CLE Coordinator 

Tel: 297-7033 

Marie Gochnour 

Section Support 

Tel: 297-7032 

Technology Services 

Toby J. Brown 

Administrator 

Tel: 297-7027 

Lincoln Mead 

Manager Informtion System 

Tel: 297-7050 

Summer Shumway 

Web Site Coordinator 

Tel: 297-7051 

Admissions Deparent 

Darla C. Murphy 

Admissions Administrator 

Tel: 297-7026 

Sadie Eyre 

Admissions Assistant 

Tel: 297-7025 

Bar Programs & Services 

Christie Critchley 

Bar Programs Coordinator 

Tel: 297-7022 

Monica N. Jergensen 

Conventions 

Tel: 297-7024 

Finance Deparent 

J. Arnold Birrell 

Financial Administrator 

Tel: 297-7020 

Joyce N. Seeley 

Financial Assistant 

Tel: 297-7021 

Lawyer Referral Services 

Diané J. Clark 

LRS Administrator 

Tel: 531-9075 

Law & Justice Center 

Juliet Alder 

Law & Justice Center Coordinator 

Tel: 297-7030 

Consumer Assistace Coordinator 

Jeanne Timothy 

Tel: 297-7056 

Lawyers Helping Laywers 

Tel: 297-7029 

Receptionist 

Marie Van Roosendaa (Mon., 1ìes. & Thurs.) 

Ki L. Wilams (Wed. & Fri.) 

Tel: 531-9077 

Other Telephone Numbers & 

E-mai Addresses Not Listed Above 

Bar Information Lie: 297-7055 

Web Site: ww.utabar.org 

Mandatory CLE Board: 

Sydne W. Kuhre 

MCLE Administrator 

297-7035 

Member Benefits: 297-7025 

E-mai: ben(ßutabar.org 

Offce of Professional Conduct 

Tel: 531-9110 · Fax: 531-9912 

E-mai: oad(ßutahbar.org 

Bily L. Waler 

Senior Counsel 

Tel: 297-7039 

Carol A. Stewart 

Deputy Counsel 

Tel: 297-7038 

Charles A. Gruber 

Assistant Counsel 

Tel: 297-7040 

David A. Peña 


Tel: 297-7053 

Kate A. Toomey 


Tel: 297-7041 

Katie Bowers 

Receptionist 

Tel: 297-7045 

Gina Guymon 

Secretary 

Tel: 297-7054 

Dana M. Kapinos 

Secretary 

Tel: 297-7044 

Shelly A. Sisam 

Paralegal 

Tel: 297-7037

Name: 

CERTIFICATE OF COMPLIANCE 

ForYears 19_and 19_ 

Utah State Board of 

Continuing Legal Education 



Salt Lake City, Utah 84111-3834 

Telephone (801) 531-9077. FAX (801) 531-0660 

Utah State Bar Number: 

Address: Telephone Number: 

CLEHours Type of Activity** 


CLE Hours Type of Activity** 


IF YOU HAVE MORE PROGRAM ENTRIES, COPY THIS FORM AND ATTACH AN EXTRA PAGE

**EXPLANATION OF TYPE OF ACTIVITY 

A. AudiolVideo Tapes. No more than one-half of the credit hour requirement may be obtained 

through self-study with audio and video tapes. See Regulation 4(d)-101(a). 

B. Writing and Publishing an Article. Three credit hours are allowed for each 3,000 words in a 

Board approved article published in a legal periodicaL. An application for accreditation of the article must 

be submitted at least sixty days prior to reporting the activity for credit. No more than twelve hours of 

credit may be obtained through writing and publishing an article or articles. See Regulation 4(d)-10l(b). 

C. Lecturing. Lecturers in an accredited continuing legal education program and part-time teachers 

who are practitioners in an ABA approved law school may receive three hours of credit for each hour 

spent in lecturing or teaching. No more than twelve hours of credit may be obtained through lecturing 

and part-time teaching. No lecturing or teaching credit is available for participation in a panel discussion. 

See Regulation 4(d)-101(c). 

D. CLE Program. There is no restriction on the percentage of the credit hour requirement which 

may be obtained through attendance at an accredited legal education program. However, a minimum of 

one-third of the credit hour requirement must be obtained through attendance at live continuing legal 

education programs. 

THE ABOVE is ONLY A SUMMARY. FOR A FULL EXPLANATION SEE REGULATION 4(d)-101 

OF THE RULES GOVERNING MANDATORY CONTINUING LEGAL EDUCATION FOR THE 

STATE OF UTAH. 

Regulation 5-102 - In accordance with Rule 8, each attorney shall pay a filing fee of $5.00 at the time 

of filing the statement of compliance. Any attorney who fails to complete the CLE requirement by the 

December 31 deadline shall be assessed a $50.00 late fee. 

I hereby certify that the information contained herein is complete and accurate. I 

further certify that I am familiar with the Rules and Regulations governing Mandatory 

Continuing Legal Education for the State of Utah including Regulations 5-103(1). 

DATE: SIGNATURE: 

Regulation 5-103(1) - Each attorney shall keep and maintain proof to substantiate the claims made on 

any statement of compliance filed with the board. The proof may contain, but is not limited to, certificates 

of completion or attendance from sponsors, certificates from course leaders or materials claimed to provide 

credit. This proof shall be retained by the attorney for a period of four years from the end of the period 

of which the statement of compliance is fied, and shall be submitted to the board upon written request.

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REG CR 11 ETHICS CR 2 CH-:LE 1999 

NF-:. ¡nLLIAN D. HOLYOAK 

PARSONS BEHLE & LAT 1 MER 

201 SOUTH /'AIN STREtT., SUITE 1800 

P.O. BO.": 45898 

SRL T LRI-:E C in' UT 84145-0898 

1 L ¡ L i L i L ¡¡ I L I: j Ii L L 1 L jj L j L L I j i L j i j L L i i j i L i iii j i 

BULK RATE 

U.s. POSTAGE 

PAID 

SALT LAKE CITY, UT 

PERMIT NO. 844

March 1999 Volune 12 No3 - Utah State Bar

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