UTAH BAR JOURNAL
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January/ February 2023

Volume 36 No. 1


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Table of Contents:

Letter to the Editor 9

President’s Message | Utah State Bar Commission Passes Historic Funding for Attorney Wellness 11
by Kristin K. Woods

Legislative Update | Legislative Update or “Big Changes are a Comin’” 13
by Frank Pignanelli, Stephen Foxley, and Stephen Styler

Article | Cryptocurrency – Cryptoscam – Why Regulation, Deposit Insurance, and Stability Matter 18
by George Sutton

Article | Abortion, Actual Innocence, and Much More: Cases and Issues in the
Pipeline at the Utah Supreme Court 28
by Carol Funk

Utah Law Developments | Appellate Highlights 39
by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth

Article | In Defense of Imitation 42
by John J. Nielsen

Article | US Intelligence Laws & EU Data-Transfer Requirements: Tools for Assessing
US Law & Implementing Supplementary Measures to Meet EU Protection Levels 44
by Ryan Beckstrom and Kyle Petersen

Southern Utah | Transferring UK Personal Data to the US using the UK International
Data Transfer Agreement or the International Data Transfer Addendum to the European
Commission’s Standard Contractual Clauses 49
by Rachel Naegeli

Lawyer Well-Being | Lawyering Through the Stigma of Addiction 52
by Kent B. Scott

Book Review | Business and Commercial Litigation in Federal Courts, Fifth Edition 54
by Robert L. Haig

Reviewed by Matthew Lalli
Commentary | An Apology for Lawyers and the Utah State Bar 56
by Mark O. Morris

Focus on Ethics & Civility | Unauthorized Disclosure of Documents 61
by LaShel Shaw and Keith A. Call

State Bar News 63

Paralegal Division | LPP’s: Providing Important Access to Justice 76
​
by Lindsey K. Brandt, LPP
Classified Ads 77

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COVER PHOTO

Morning Fog Covering Downtown Salt Lake, by Utah State Bar member George Sutton.

GEORGE SUTTON recently retired after a forty-five year career that included being Utah
Commissioner of Financial Institutions and a shareholder at Jones Waldo. Asked about his cover
photo, George said, “A few times each winter the inversion causes a fog blanket that sits close to
the valley floor, letting buildings poke through into clear air. This is the view of one of those
mornings from the avenues.”

2022 Utah Bar Journals

Click on the image to download the issue.
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January /  February 2022
​Volume 35 No. 1
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March / April 2022
​Volume 35 No. 
2
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May / June 2022
Volume 35 No. 3

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
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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
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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
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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​
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  • Editorial Board