November/ December 2022
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Table of Contents:President’s Message | Returning to In-Person 9 by Kristin K. Woods Views from the Bench | Embracing Online Jury Selection 10 by The Honorable Matthew Bates Commentary | Evolving Innovation in the Law 14 by Deno Himonas, Victoria B. Finlinson, and Taymour B. Semnani Commentary | The Sandbox 17 by Jeffrey D. Eisenberg Article | In Defense of the Imperial System of Measurement in Law 29 by Steven Rinehart Utah Law Developments | Appellate Highlights 35 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Lawyer Well-Being | Overcoming Imposter Syndrome: What it is, What it isn’t, and What You Can Do About It 39 by Martha Knudson Article | Resolving The Dahl Conundrum: The Public Policy Conflict Between Asset Protection Trusts and The Equitable Division of Marital Assets 44 by Alexander Chang and Bart J. Johnsen Article | When NFTs and Intellectual Property Collide 50 by Alexis Nelson Book Review | The Dictionary Wars 53 by Peter Martin Reviewed by The Honorable Michael Leavitt Focus on Ethics & Civility | Lessons From Alex Jones: The Rules Governing Inadvertently Produced Documents 55 by Keith A. Call State Bar News 58 Young Lawyers Division | New Opportunities 66 by Cedar Cosner Paralegal Division | Message From the Chair 67 by Katie Lawyer CLE Calendar 68 Classified Ads 69 |
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COVER PHOTOGolden Hour Big Cottonwood Creek by Utah State Bar member Kathryn Tunacik Smith.
KATHRYN TUNACIK SMITH is a partner at Strong and Hanni law firm in Salt Lake City. She has a litigation practice with an emphasis on transportation and insurance defense. Regarding her photo, Kathryn said “I stood with my tripod in Big Cottonwood Creek to capture this scene. I was captivated by the way the colors of the leaves are repeated on the mossy rocks. Landscape photography is how I relax and recharge after days spent litigating and raising three active little girls. I find it very rewarding to have this creative outlet.” |
2022 Utah Bar Journals
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Table of Contents:
President’s Message | New Beginnings by Heather L. Thuet Legislative Update | Modifications to Bar Interactions with the Legislature and How You Can Participate by Doug Foxley, Frank Pignanelli, Stephen Foxley, Steven Styler, and Nancy Sylvester Article | Understanding the Utah Supreme Court’s Docket: A Practitioner’s Guide by Carol Funk Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Access to Justice | Introducing the Statewide Office for Indigent Appeals by Debra M. Nelson, Ben Miller, and Wendy M. Brown Article | Third Party Subpoenas in the Context of Attorney Disciplinary Investigations by John Bogart Southern Utah | H.B. 82 and Utah’s Pursuit of Affordable Housing by Victoria Carlton Innovation in Law Practice | Innovation In a Time of Crisis: The Utah Supreme Court’s Order on Emergency Diploma Privilege by Catherine Bramble Book Review | Gorsuch: The Judge Who Speaks for Himself by John Greenya Reviewed by Nicole Lagemann Focus on Ethics & Civility | Living in Utah, Working for Out-of-State Clients by LaShel Shaw and Keith A. Call Young Lawyers Division | Lessons I Learned as a First-Year Attorney by Candace Waters Paralegal Division | Please Welcome Five New Utah Licensed Paralegal Practitioners by Greg Wayment State Bar News CLE Calendar Classified Ads 
July / August 2022
Volume 35 No. 4 table of contents
President's Message | Hello! by Kristin K. Woods President's Message | Goodbye by Heather L. Thuet Views from the Bench | Navigating the Half-Empty/Half-Full Dichotomy of Virtual Court Hearings by The Honorable Angela Fonnesbeck Article | Reflections on Independent Clearing House Part One: The Ponzi Scheme 18 by Ronald W. Goss Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | A Practitioner’s Guide to the Utah Court of Appeals: Jurisdiction, Procedure, and Outcome 32 by Carol Funk Book Review | The Round House 44 by Louise Erdrich Reviewed by Scotti Hill Southern Utah | Legal Research Doesn’t Have to Break the Bank: Free and Low-Cost Research Avenues 46 by Victoria Carlton and Annalee Hickman Pierson Focus on Ethics & Civility | When (and How) to Tell Your Boss They Are Being Unethical 48 by Clark S. Gardner (with supervision by Keith A. Call) Utah State Bar Services | The Utah State Bar’s New Professional Development Office to Expand Resources for Licensees 50 by Scotti Hill State Bar News Young Lawyers Division | Young Lawyers Division: Year in Retrospect 65 by Grant Miller Paralegal Division | 2022 Paralegal of the Year: Congratulations Brita Larsen! 66 by Greg Wayment CLE Calendar Classified Ads |
table of contents
Candidates | 2022 Utah State Bar Elections President’s Message | Justice Courts: Courts of the People by Heather L. Thuet Article | Ensuring That the Testimony of Children Is Obtained in a Way That Promotes the Effective Determination of Truth by Blake R. Hills Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Access to Justice | Access to Justice Update: No More Surprise Medical Bills by Pamela Beatse Article | Utah Incapacity Law and Powers of Attorney by Craig E. Hughes Southern Utah | The Meet and Confer by Bryan Pattison Book Review | Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System by James M. Binnall Reviewed by Nicholas C. Mills Focus on Ethics & Civility | Optimizing Pessimism by Keith A. Call Young Lawyers Division | Virtual Legal Clinic Brings “Tuesday Night Bar” to the Community by Christopher Bond & Alex Vandiver State Bar News CLE Calendar Classified Ads 
September / October 2022
Volume 35 No. 5 Table of Contents
President's Message | Using the Bar to Make Life Easier 11 by Kristin K. Woods Views from the Bench | Utah's New Rule Providing For Water Law Case Assignments to Judges Who Have Been Educated About Water Law 14 by The Honorable Kate Appleby Article | Reflections on Independent Clearing House Part Two: The Clawback Cases 16 by Ronald W. Goss Utah Law Developments | "He's going to be all right" - Privileges, Evidence, and Candor in Provider-Patient Communications 24 by Taylor Kordsiemon & Austin Westerberg Utah Law Developments | Appellate Highlights 31 by Rodney R. Parker, Dani Capernich, Robert Cummings, Nathanael Mitchell, Adam Pace and Andrew Roth Article | A Practitioner’s Guide to the Utah Court of Appeals: Jurisdiction, Procedure, and Outcome 34 by Carol Funk Article | The Law Firm and the Monastery: Five Lessons on Living with Change 46 by Michael Patrick O'Brien Southern Utah/Book Review | The Hallows 49 by Victor Methos Reviewed by Jay Winward Southern Utah | Legal Research Doesn’t Have to Break the Bank: Free and Low-Cost Research Avenues 46 by Victoria Carlton and Annalee Hickman Pierson Utah State Bar Services | Life-Altering Events: Prepare Now to Protect Your Practice, Clients and Family 51 by R. Craig Johnson Contributions by Scotti Hill, Martha Knudson, Linda Webster and Peter Webster Focus on Ethics & Civility | Informal Legal Advice 56 by Keith Call State Bar News 58 CLE Calendar 68 Classified Ads 69 |
table of contents
Bar Elections | President-Elect and Bar Commission Election Results Article | Celebrating Stephen Breyer: Gentleman, Constitutional and Administrative Law Scholar, and Metaphysician of Tomato Children and Marshmallow Guns by Todd Zagorec Article | The Changing Face of Legal Education by Carolynn Clark Utah Law Developments | Ensuring Compliance with Utah’s New Consumer Privacy Act by Danica P. Baird Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Assessing the Statute of Limitations in a Nonjudicial Foreclosure Context by Spencer Macdonald Book Review | Finding Theodore and Ariminta: Love, Loss and Settling the American West by Byron Burmester Reviewed by Luisa Gough Southern Utah | The Introduction by Stephen P. Dent Lawyer Well-Being | Lawyers Helping Lawyers – Recovery Through Service by W. Matthew Hall Focus on Ethics & Civility | I Have No Idea What I’m Talking About by Keith A. Call Article | Where to Eat in San Diego by San Diego native Cherise Bacalski, with recommendations by San Diego transplant Mike Green Young Lawyers Division | YLD’s Spring Ball Focuses on Giving Back to Unhoused Youth by Scotti Hill State Bar News CLE Calendar Classified Ads 
November / December 2022
Volume 35 No. 6 Table of Contents
President’s Message | Returning to In-Person 9 by Kristin K. Woods Views from the Bench | Embracing Online Jury Selection 10 by The Honorable Matthew Bates Commentary | Evolving Innovation in the Law 14 by Deno Himonas, Victoria B. Finlinson, and Taymour B. Semnani Commentary | The Sandbox 17 by Jeffrey D. Eisenberg Article | In Defense of the Imperial System of Measurement in Law 29 by Steven Rinehart Utah Law Developments | Appellate Highlights 35 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Lawyer Well-Being | Overcoming Imposter Syndrome: What it is, What it isn’t, and What You Can Do About It 39 by Martha Knudson Article | Resolving The Dahl Conundrum: The Public Policy Conflict Between Asset Protection Trusts and The Equitable Division of Marital Assets 44 by Alexander Chang and Bart J. Johnsen Article | When NFTs and Intellectual Property Collide 50 by Alexis Nelson Book Review | The Dictionary Wars 53 by Peter Martin Reviewed by The Honorable Michael Leavitt Focus on Ethics & Civility | Lessons From Alex Jones: The Rules Governing Inadvertently Produced Documents 55 by Keith A. Call State Bar News 58 Young Lawyers Division | New Opportunities 66 by Cedar Cosner Paralegal Division | Message From the Chair 67 by Katie Lawyer CLE Calendar 68 Classified Ads 69 |
The Utah Bar Journal is published 6 times each year and is received by every attorney, licensed paralegal practitioner, and paralegal division member who maintain an Active, Current, or Inactive-Full Service license with the Utah State Bar. Our current circulation is approximately 10,800 and growing.
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The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. We envision a just legal system that is understood, valued, and accessible to all.
Published by the Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org