September / October 2020
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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 |
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Cover PhotoNEOWISE By Utah State Bar member Joshua C. Bishop. Regarding his photo, Joshua said, “I took this photo of the NEOWISE comet at the Bonneville Salt Flats. This year has brought us some very dark times, but there are still some amazing and beautiful things that can only be truly appreciated in the darkness.” “I took this photo on an evening trail run to Maybird Gulch in July 2017.” JOSHUA C. BISHOP has been a member in good standing with the Utah State Bar since 2014. He currently works as a prosecutor for the City of Pleasant Grove. He has a JD/MPA from Brigham Young University and completed a clerkship in the 4th District Court before beginning work as an assistant city attorney and prosecutor. When he is not serving the public as an attorney, he sings in the Tabernacle Choir at Temple Square and spends time hiking with his wife and three children. |
2020 Utah Bar Journals
Click on the image to download the issue.
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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 |
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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