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Executive Committee Meeting Minutes

Minutes for January 9, 2013

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The executive committee members who were present or participating by telephone were:  George Burbidge, Judge Roth, Rod Andreason, Patrick Burt, Keith Call, Shane Gosdis, Christian Kesselring, Kent Holmberg, Ryan Frazier, Michael Stahler, Heather Sneddon and Richard Kaplan.  Christian Hansen appeared by phone.
The Executive Committee members who were excused were: Judge Toomey, David Castleberry, Heather Thuet, Nichole Farrell, Patrick Tanner, Nichole Farrell, Bryan Pattison, Jonathan Hafen and Jenifer Tomchak.

  1. Secretary's Report:  Minutes from the December meeting were presented and unanimously approved.
  2. Treasurer’s report:  David Castleberry was not present so this item was deferred to our next meeting.
  3. Litigation Section Assistance for the Judiciary Subcommittee Report:  Committee members were not present so this item was deferred to our next meeting.
  4. Newsletter:  Nicole Farrell was excused. We need to get the next newsletter out so assignments and deadlines will probably be sent via email.
  5. Inquiry re:  Modern Trial Advocacy by Steven Lubet:  Judge Roth recommended that we consider subsidizing this trial advocacy book for new members in first three years. This is what he uses in the trial advocacy classes he teaches. He would like to see it disseminated more widely because it is the best single book on trial skills. The book is available for $85 on Amazon. Discussion about whether we could use it at the trial academy we put on. A concern was raised that it is too expensive for the section to purchase for every new member. Discussion about whether to offer it at as a subsidized thing for section members after their first year, or at a discount at CLE events we offer.  Discussed whether we may be able to buy it in bulk and get a discount. Several members offered to review the book between now and our next meeting so that we can discuss this further. Ryan proposed tabling this and discussing it further at our next meeting.
  6. Opinion Watch:  Heather Sneddon and Rick Kaplan have been doing this for several months and have found it is been rather burdensome. Heather said that she has been getting summaries of Utah Supreme Court cases from Troy Booher and Parsons Behle. She proposed using the summaries issued by other attorneys in our newsletter rather than doing our own opinion summaries. She noticed that on the website, Opinion Watch has not seen a lot of traffic. Ryan pointed out that traffic on the website might not be accurate at assessing how many people review these, because many probably review these in the newsletter. Also, we may need to do a better job of directing traffic on our website. Rick and Heather will talk with the firms who are doing opinion watches and give us a proposal to discuss at the March 2013 meeting.
  7. Membership:  Kent Holmberg reported that we are approaching the dues cycle so we want to make contact with people whose first year membership will be expiring to encourage them to stay on. Also identify major law firms in the state and recommend that their litigators become members. Ryan pointed out that the key to getting and retaining members is to tout our benefits. Kent proposed that anyone who is at that event who is paying be encouraged to pay $5 more and become section members. Kent will go to the quarterly luncheon next week to sign people up.
  8. CLE
    1. Quarterly Lunches
      1. Q1:  January 14, 2013:  What I Wish the Other Side Understood.  Patrick Burt reported that this was all ready to go.
      2. 2013 Q1:  February 6, 2013:  The Foundations and The Forecasts:  Principles Behind the Changes to Utah Court Rules and Trends for Future Changes. Rod Andreason reported that he has almost finished lining up speakers from various courts to appear on a panel.
    2. Rise & Shine
      1. 2013 Q1:  February 21, 2013:  E-filing in State Court. Heather Thuet was not present but sent word that this has been lined up.
      2. 2013 Q2:  Michael Stahler:  Crafting Effective Written Discovery Under New Rules (Date TBD)
    3. Golf & CLE: Deferred. 
    4. Spring Convention (March 14-16, 2013): New Rules Judicial Panel; E-Discovery and New Rules; E-Filing. Christian Kesselring reported that he has almost finished putting the presentations together.
    5. Trial Academy (May 2013): Heather Sneddon said that we are looking at May 16 and 17. The first day will be hands-on and will probably be limited to 50 participants. First day topics will include voir dire, direct and cross exam skills based. The second day will address openings, closings and other aspects that can be lecture based. We will use the same fact pattern for both days, either a NITA fact pattern or come up with one of our own.
    6. Summer Convention (July 17-20, 2013):  deferred.
    7. Fall Forum: deferred.
    8. Ryan Frazier pointed out that the changes in the local rules of the Federal Rules of Civil Procedure are significant and should probably be addressed in an upcoming CLE.
    9. Shane Gosdis proposed executive committee members be automatically registered for the quarterly luncheons. George recommended that executive committee members be allowed to register early.
  9. Bench Books: deferred
  10. Inquiry about non-lawyers joining section: Ryan Frazier addressed a request that had been made by a non-lawyer to join the executive committee. Heather Sneddon made a motion that non-lawyers not be allowed to join the executive committee. Patrick Burt seconded. The motion was approved.
  11. Technology Report: Shane Gosdis had nothing new to report.
  12. Other business: Shane Gosdis raised the issue of having coffee at the meetings. Ryan and George discussed the history of these meetings and why this was dropped. We will discuss this further at our next meeting.

Meeting adjourned at 9:05.
Meeting minutes approved February 13, 2013.
For the Executive Committee
/s/ Heather L. Thuet                       
Secretary