UTAH BAR JOURNAL
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2008
Volume 21

Click on the image to download the PDF version of the  Bar Journal. ​​

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January / February
Volume 21 No. 1
table of contents
President’s Message:
Lawyer Assistance in Utah – Let Us Help 
by V. Lowry Snow

A Friend in Need 
by David Bernstein

What to Expect When You Call Lawyers Helping Lawyers 
by Shannon Johnson

LHL: Reflecting the Principles of the ABA Model 
by Michael E. Bulson

Why Are So Many Lawyers Depressed? 
by Brent Hale

“Ain’t Stress Grand?” 
by Herm Olsen
A Sober Look Back 
by Anonymous

Stress in Practicing Law and How to Minimize it from the 
Perspective of a Family Law Practitioner
by Carolyn Zuethen

Lessons from Recent Utah Legal Malpractice Cases 
by Michael Skolnick

Stress Management for New Lawyers, Or “You Can Do It!”
by Marianne McGregor Guelker

My Mentors 
by Stephen W. Owens
Reducing Stress 
by Robert H. Henderson

Book Review: The 4-Hour Workweek: Escape 9-5, Live Anywhere, and Join the New Rich 
by Timothy Ferriss
Reviewed by Bentley J. Tolk
Book Review:
Law & Mental Health Professionals – Utah 
by Leslie Pickering Francis and Linda F. Smith
Reviewed by Judge Judith S. H. Atherton

State Bar News 
Paralegal Division: Medical Expert Testimony: A View From the Utah Supreme Court 
by Karen McCall

CLE Calendar 
​
Classified Ads 
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March / April
Volume 21 No. 2
table of contents
President’s Message:
Lawyer Assistance in Utah – Let Us Help 
by V. Lowry Snow

A Friend in Need 
by David Bernstein

What to Expect When You Call Lawyers Helping Lawyers 
by Shannon Johnson

LHL: Reflecting the Principles of the ABA Model 
by Michael E. Bulson

Why Are So Many Lawyers Depressed? 
by Brent Hale

“Ain’t Stress Grand?” 
by Herm Olsen
A Sober Look Back 
by Anonymous

Letters to the Editor 
President-Elect and Bar Commission Candidates 

Articles
The Ethical Utah Lawyer: What Are the Limits in Negotiation? 
by Michael H. Rubin

Bankruptcy Exemption Planning: Counseling in Shades of Gray 
by Joel Marker

Dealing with Metadata in the Non-Discovery Context 
by H. Craig Hall, Jr.

Interpreting Rules and Constitutional Provisions
Remarks by Laura Dupaix, Linda Jones, and Christina Jepson Schmutz 
Edited by John Bogart

Utah Law Developments: 
Ellis v. Estate of Ellis: The Unequivocal Death of Interspousal Immunity in Utah
by Stephen Kelson

Views from the Bench: Senior Attorneys for Low-Income Litigants 
by Judge Sam McVey

Book Review: Blind Justice? A Review of Missing Witness 
by Gordon Campbell
Reviewed by Betsy Burton

Book Review: Business and Commercial Litigation in Federal Courts, Second Edition 
Edited by Robert L. Haig
Reviewed by Michael D. Zimmerman

State Bar News 

Paralegal Division 

CLE Calendar 
​
Classified Ads 
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May / June
Volume 21 No. 3
Table of Contents
President-Elect and Bar Commission Candidates
​
Articles
Utah Supreme Court Establishes Professionalism Counseling Program 
by The Honorable Christine M. Durham and Marilyn (Matty) Branch

Well, What Did You Expect? The Utah Supreme Court Discusses “Accidents” 
by Mark W. Dykes

Going Green in a Red State 
by Lisa McGarry & Margaret Olson

Utah Law Developments: 
2007 Case Summaries
Presented by Associate Chief Justice Michael J. Wilkins and Judge Carolyn McHugh

State Bar News 

Young Lawyers Division: 
Wills for Heroes – Providing Valuable Community Service to First Responders

Paralegal Division: 
Notary Public Issues
by Fran Fish

CLE Calendar 
​
Classified Ads 
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July / August
Volume 21 No. 4
Table of contents
President’s Message:
Giving Generously
by V. Lowry Snow 

Articles
Drawing the Short Straw – Mortgage Fraud and Straw Buyers
by Brad Jacobsen and Michael Barnhill

The Commerical Loan Guaranty – Types & Techniques
by Rick L. Knuth 

An Enigmatic Degree of Medical Certainty
by Nelson Abbott and Landon Magnusson 

Winning Arguments Supporting the “Made Whole” Doctrine
by John F. Fay 

Utah Law Developments: Skeptics at the Gate –
The 2007 Revisions to Rule 702, Utah Rules of Evidence
by John R. Lund and Keith A. Kelly, with assistance from Richard Vazquez 

Utah Law Developments: Highlights from the 2008 Legislative Session
by Nancy J. Delacenserie 

Book Review:
No One Makes It Alone
by Andrew A. Valdez
Reviewed by J. Simón Cantarero 

Book Review:
With Hope Across America, A Father-Daughter Journey
by Bob Braithwaite
Reviewed by Cathy Roberts 

State Bar News 

Paralegal Division: Congratulations Deb Calegory: Recipient of Utah’s
2008 Distinguished Paralegal of the Year Award
by Sharon M. Andersen 

Paralegal Division: Making a Difference in the Legal Profession and the Community
by Sharon M. Andersen 

CLE Calendar 
​
Classified Ads 
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September / October
Volume 21 No. 5
Table of Contents
President’s Message:
Professional Relationships
by Nathan D. Alder 

Articles:
Riding High With Your Mediator: The Do’s and Don’ts of Effective Mediation Advocacy
by Tracy L. Allen 

ERISA: License to Cheat, Lie, and Steal for the Disability Insurance Industry
by Loren M. Lambert 

A Primer on the National Vaccine Injury Compensation Program
by Christopher J. Rogers 

An Open Letter to the Newly Established Utah Supreme Court
Professionalism Counseling Program Board
by Eric K. Johnson 

John Hill, Public Defenders’ Long-Time Leader, Retires 
Views from the Bench: Report from 7500 Feet
by Justice Michael J. Wilkins 

Views from the Bench: Statements of Material Fact:
Increasing Effectiveness and Avoiding Pitfalls
by Judge Anthony B. Quinn and Joanna E. Miller 

Book Review:
Convictions: A Prosecutor’s Battles Against Mafia Killers,
Drug Kingpins, and Enron Thieves
by John Kroger
Reviewed by Ralph Dellapiana 

Book Review:
How to Build and Manage an Estates Practice, Second Edition
by Daniel B. Evans, Esq.
Reviewed by Nathan C. Croxford and Andrew L. Howell 

State Bar News 

Paralegal Division:
Introducing the Paralegal Division’s New Officers and
Directors for 2008-09
by Julie L. Eriksson, Chair 

CLE Calendar 
​
Classified Ads 
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November / December
Volume 21 No. 6
table of contents
President’s Message:
The Bar is Looking for a Few Good Mentors
by Nathan D. Alder 

Articles:

Does the Wrongful Lien Statute Apply to Mechanics’ and Other Types of Liens?
by R. Spencer Macdonald 

Utah Law Developments: Unbundled in Utah
by Virginia Sudbury 

Utah Law Developments: A Notary Primer for Utah Attorneys
by Scott M. Ellsworth 

The Spider to the Fly
by Just Learned Ham 

Utah Legislative History Research Tips
by Mari Cheney 

Utah Law Developments: Legislative Update: Senate Bill 
“Check Cashing and Deferred Deposit Lending Registration Act”
by Jill O. Jasperson 

State Bar News 

Paralegal Division:
When Witnesses Attack:
Dealing With Third-Party Harassment and Threats
by Karen McCall 

CLE Calendar 
​
Classified Ads 
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    • Archived Editions
  • Submission Guidelines
    • Submit a Cover photo
    • Submit a Book Review
    • Submit an Article
    • Place an Ad in the Journal
    • Request a Subscription
    • Letter to the Editor
  • Editorial Board