November / December 2020
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Table of Contents:President’s Message | (Don’t) Kill All the Lawyers by Heather Farnsworth Article | Remembering Judge Kwan by Douglas Stowell, Adam Crayk, and Christopher Bown Article | Getting to the Bottom of the Access-to-Justice Gap by Tyler Hubbard, Justice Deno Himonas, Rebecca L. Sandefur, and Jim Sandman Article | The Utah Courts’ Response to the COVID-19 Pandemic by The Honorable Paul C. Farr and the Honorable Todd Shaughnessy Commentary | Are The Advisory Committee Notes To Judicial Rules Always Advisable? A Case Study of Rule 804(3) of the Utah Rules of Evidence and Why its Committee Note Should be Disregarded. by Jeffrey G. Thomson, Jr. Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Use of Historical Evidence in the Utah Courts by Kenneth Lougee Lawyer Well-Being | Out From The Darkness Of Addiction And Into The Light Of Recovery by Kent B. Scott Innovation in Law Practice | The Innovation of Public Outreach and Education by Tina Wilder and Michelle M. Oldroyd Focus on Ethics & Civility | Appreciating Differences Through Personal Connection by Keith A. Call Young Lawyers Division | Moral Luck and an American Tragedy by Kris Cherevas Paralegal Division | 2020 Salary Survey by Greg Wayment State Bar News CLE Calendar Classified Ads |
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Cover PhotoThe Path of the Subway By Utah State Bar member Michael Steck a solo practitioner focusing on business litigation and transactional matters. When asked about how he captured this cover photo, Michael said: “Spring and mountain water deeply cuts through sandstone just before the infamous Subway section of the Left Fork of North Creek inside Zion National Park. I came upon this spot at mile five of the ten-mile hike to visit the Subway in a bottom-up approach that allowed for more photography gear than the more challenging top-down technical approach that requires a wetsuit, harness, and rope to descend.” |
2020 Utah Bar Journals
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Table of Contents:
President’s Message | This year, 2020, is the Year of the Woman! It’s About Time! by Herm Olsen Article | Basics of Nonprofit Corporation Law (The Class You Missed in Law School) by Bruce L. Olson Commentary | Some Refugees Are Lawyers, Too by Michael G. Jenkins Innovation in Law Practice | Going Virtual – Is it for You? by Steve Chambers Focus on Ethics & Civility | Can We Still Be Friends? Judicial Disclosure and Recusal in Lawyer Friendship Cases by Keith A. Call Lawyer Well-Being | High-Quality Relationships are Vital to Health, Performance, and Professional Success by Martha Knudson, J.D., MAPP Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Legislative Update | 2020 Legislative Session Primer by Doug Foxley, Frank Pignanelli, and Stephen Foxley Commentary | Standback, Marvel & Pay by James U. Jensen Young Lawyers Division | Wills for Heroes Hits the Road by Grant A. Miller Paralegal Division | Fall Forum 2019 by Greg Wayment State Bar News CLE Calendar Classified Ads |
Table of Contents
President-Elect & Bar Commission Candidates President’s Message | Character Counts by Herm Olsen Views from the Bench | The Changing Landscape of Juvenile Justice by The Honorable Suchada Bazzelle Lawyer Well-Being | Psychological Capital Building the Mental Strength and Flexibility to Manage Stress and Boost Performance by Martha Knudson, J.D., MAPP Focus on Ethics & Civility | Can We Still Be Friends? Judicial Disclosure and Recusal in Lawyer Friendship Cases by Keith A. Call Lawyer Well-Being | High-Quality Relationships are Vital to Health, Performance, and Professional Success by Martha Knudson, J.D., MAPP Lawyer Well-Being | The Utah Lawyer Well-Being Study: Preliminary Results Show Utah Lawyers at Risk 29 by Matthew S. Thiese, PhD, MSPH Article | Why Can’t I Self-Check Out My Percocet?: Evaluating Current Drug Pricing Proposals through the Lens of the Opioid Crisis by Cami Schiel, RN, JD, MBA Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Focus on Ethics & Civility | Legal Industry Disruption May Be Here: A Primer on Regulatory Reform in Utah by Keith A. Call Book Review | Play Nice: Playground Rules for Respect in the Workplace by Brigitte Gawenda Kimichik JD and J. R. Tomlinson Reviewed by Natalya “Ling” Ritter Young Lawyers Division | A Seat at the Table: Civic and Community Involvement for Young Lawyers 70 by Mike Squires Paralegal Division | The First Four Licensed Paralegal Practitioners by Julie M. Emery State Bar News CLE Calendar Classified Ads |
TABLE OF CONTENTS
President’s Message | Fear, Faith, and Forecasters by Herm Olsen Views from the Bench | An Introduction to the Utah Judicial Council Justice Court Reform Task Force by The Honorable Paul Curtis Farr Lawyer Well-Being | “To Be or Not to Be?” Your Choice by Kent B. Scott Innovation in Law Practice | How Mediators Leverage Technology to Overcome COVID-19 Concerns and Keep Cases Settling by Gregory N. Hoole and George M. Haley Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Debunking the Myths of a Juvenile Record by Monica Diaz and Marina Peña Commentary | Speaking for Newborn Adoptees by K. Ray Johnson Article | My Year In Paradise by Eli McCann Focus on Ethics & Civility | Civility in a Time of Uncertainty by Keith A. Call Article | The Utah Immigration Collaborative: A Legal Network for Access to Justice by Martha Drake Reeves Article | Utah State Bar Members Step Up To Help South African Judiciary by Nathan D. Alder Young Lawyers Division | The Utah Bar Review Diversity & Inclusion Scholarship by Chelsea Davis Paralegal Division | Annual Paralegal Day Celebration by Greg Wayment State Bar News CLE Calendar Classified Ads |
table of contents
President’s Message | A Class Act by Herm Olsen Views from the Bench | Three “C’s” of Admitting Persuasive Expert Testimony in the Utah State Courts by The Honorable Keith A. Kelly Article | “Raconteur, Bon Vivant, Senior Judge”: A Tribute to Monroe McKay by Clifford B. Parkinson and The Honorable Dee V. Benson Utah Law Developments | New Federal Local Rule Addresses Rule 30(b)(6) Issues by Gregory D. Phillips Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Seizure Orders Under the Defend Trade Secrets Act by Phillip J. Favro and The Honorable David Nuffer Innovation in Law Practice | Shared Stories of Innovation: Lessons from the Innovation in Law Practice Committee from Work During Times of Restriction by the Innovation in Law Practice Committee Article | Soldiers with Law Degrees: A Window into the JAG Corps by Gurney Pearsall Focus on Ethics & Civility | Titanic Changes to Rules of Professional Conduct Under Consideration by Keith A. Call and Kendra M. Brown Book Review | First: Sandra Day O’Connor An Intimate Portrait of the First Woman Supreme Court Justice by Evan Thomas Reviewed by The Honorable Diana Hagen Young Lawyers Division | How Silicon Slopes is Innovating Legal Education by Adam B. Balinski Paralegal Division | 2020 Paralegal of the Year: Congratulations Amber Alleman! by Greg Wayment State Bar News CLE Calendar Classified Ads |
table of contents
President’s Message | To Boldly (and Vulnerably) Go Where No Bar Has Gone Before by Heather Farnsworth Views from the Bench | Update: Juvenile Court Probable Cause Determinations by The Honorable Steven K. Beck Article | The Facts and Fictions of Prosecutorial Misconduct by Edward R. Montgomery Article | The Odds are Never In Your Favor: Exceptions to the American Rule Against Attorney Fee Awards by Aaron S. Bartholomew and Sharon Yamen Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Commentary | Response to Narrowing the Access-to-Justice Gap by Reimagining Regulation by Mark Woodbury Utah Bar Foundation | The Justice Gap: Addressing the Unmet Legal Needs of Lower-Income Utahns Article | State v. Hunt and the Not-So-Real Lawyer of Nevada County by Cathy Roberts Article | Securities Fraud in Utah by Jake Taylor Innovation in Law Practice | Understanding the Intersection of Technology and Attorney Ethics by Michael Swensen Focus on Ethics & Civility | Protecting Clients and the Profession When Changing Law Firms by Keith A. Call Young Lawyers Division | President’s Message by Grace Pusavat Paralegal Division | A True Hometown Hero – A Tribute to Krystal Hazlett by Heather Allen State Bar News CLE Calendar Classified Ads |
table of contents
President’s Message | (Don’t) Kill All the Lawyers by Heather Farnsworth Article | Remembering Judge Kwan by Douglas Stowell, Adam Crayk, and Christopher Bown Article | Getting to the Bottom of the Access-to-Justice Gap by Tyler Hubbard, Justice Deno Himonas, Rebecca L. Sandefur, and Jim Sandman Article | The Utah Courts’ Response to the COVID-19 Pandemic by The Honorable Paul C. Farr and the Honorable Todd Shaughnessy Commentary | Are The Advisory Committee Notes To Judicial Rules Always Advisable? A Case Study of Rule 804(3) of the Utah Rules of Evidence and Why its Committee Note Should be Disregarded. by Jeffrey G. Thomson, Jr. Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Use of Historical Evidence in the Utah Courts by Kenneth Lougee Lawyer Well-Being | Out From The Darkness Of Addiction And Into The Light Of Recovery by Kent B. Scott Innovation in Law Practice | The Innovation of Public Outreach and Education by Tina Wilder and Michelle M. Oldroyd Focus on Ethics & Civility | Appreciating Differences Through Personal Connection by Keith A. Call Young Lawyers Division | Moral Luck and an American Tragedy by Kris Cherevas Paralegal Division | 2020 Salary Survey by Greg Wayment State Bar News CLE Calendar Classified Ads |
The Utah Bar Journal is published 6 times each year and is received by every attorney 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