Executive Committee Meeting Minutes
Minutes for October 13, 2010
Litigation Section Executive Committee
Minutes for October 13, 2010
The Executive Committee of the Litigation Section met on Wednesday, October 13, 2010 at
8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.
Executive Committee members present or participating by telephone were:
• George Burbidge
• Patrick Burt
• Keith Call
• David Castleberry
• Nicole Farrell
• Jon Hafen
• Ryan Harris
• Randall Jeffs
• Judge Denise
• Elaina Maragakis
• Alec McGinn
• Seth Oxborrow
• Isaac Paxman
• Emily Smith
• Dan Steele
Executive Committee members excused were:
• Kent Holmberg
• Wayne Klein
• Bryan Pattison
• Patrick Tanner
1. Minutes: Minutes of the September 8, 2010 meeting were reviewed and approved as corrected.
2. Treasurer’s Report: Ryan Frazier was absent. Dan Steele will ask Ryan to email the committee
a financial report so that we can see how much the section received in dues and the final
expenditures for the Golf and CLE Events.
3. President’s Report:
a. Dan welcomed Seth Oxborrow, the new representative from BYU, to the committee.
b. Dan reported he has been hit with a barrage of requests from other sections to co-sponsor
events. Dan’s inclination has been to support other events if there is a litigation connection.
As far as allowing other sections to use our mailing list, we need to address that as a committee.
The committee discussed granting Dan authority to decide whether to allow others to use our
email membership list. The committee supported this idea and handed over that power to our
great leader. Dan noted that recently he received a request that our section co-sponsor a CLE
that had only a small financial component – around $700 or less. In that situation, Dan
circulated an email to the committee and treated whatever feedback he received in response to
his email as the vote of the committee. Dan will continue to do this in the future so all
committee members who want to express an opinion or enter a vote have been put on notice.
c. Dan reported that Patrick Burt has volunteered to serve on the spring convention committee.
Nicole Farrell volunteered to serve on the summer convention committee. Jon Hafen has
volunteered to serve on the government relations committee.
d. Dan has received several requests that the Litigation Section chime in on the proposed new
rules of civil procedure. The committee discussed the pros and cons of the section taking a
position on the proposed new rules with the general consensus being that the Litigation Section
should refrain from taking a position. Jon Hafen suggested the section encourage section
members to submit written comments to the Rules Committee between now and the last
Wednesday in November when the Rules Committee meets again. Jon volunteered to send an
email to our members encouraging them to submit written comments because there are
different positions. Dan proposed that he tell people who contact him that the committee will
not take a position but encourage people to submit comments. Dan will send an email to our
members, with Jon’s assistance, that will do just that. It should go out in the next week or so.
Consider inviting comment on our own website. Dan will send an email to Kent Holmberg
asking him to include something on our website encouraging people to comment on the new
4. Law Student Relations Committee: Isaac Paxman reported that we were excited about our Bar
Journal advertisement but there was no real response to it. He was concerned that people did not
actually read the article, just like people often don’t read these minutes. Isaac said that he will try
to talk the Bar Journal into giving him another shot at an advertisement and try to make it attract
attention. Isaac did not give any details about how he planned to do that, so we wish him luck.
Regardless of the number of topics received, we will roll this out in January when we will offer it
to the law students. Right now we have about 20 topics. We will send out another email to try to
create more buzz. Isaac clarified that this program is primarily for law students so that they have
issues that they can research and write about that are relevant. Isaac again asked the committee for
5. Web Site Committee: Kent Holmberg was not present but prior to the meeting he sent the most
recent report showing the number of visits to our website
6. CLE Report:
a. Quarterly lunch – Jon Hafen reported that we had great participation in the last quarterly lunch
CLE which described the proposed amended rules of civil procedure.
b. Fall Forum – Jon reported that the litigation section will do a litigation boot camp in the
breakout sessions. He and the participants are working on creating the fact pattern. This is
shaping up to be a terrific presentation.
c. Cache/Utah County Golf and CLE Events: Both events were very successful. Both had great
weather. In both events the speakers were interesting and the discussion was lively. The
numbers this year were similar to last year. Cache county attendance was down a little from
last year – 35-40 people attended. In Utah County we had about 50 attendees. We had
sponsors pay for breakfast at both events so we brought these in way under budget. Dan
suggested that we consider a Salt Lake County golf and CLE event for next year, and also bring
back the St. George golf and CLE in the fall because the FBA golf and CLE will be in the
d. Mediation Training Program – Keith Call reported that he was approached by Judge Bohling
about doing a mediation training program by Bohling/Hobbes. It should be fairly financially
neutral to the section with a revenue split between Bohling/Hobbes and the Litigation Section
and the Bar. There was a discussion about concerns that committee members had about our
section presenting a CLE program where the revenue is split with a private business. One
concern expressed is that we ask a lot of practitioners to volunteer to present CLE programs. It
could create problems if our section sponsors events that are revenue positive for the
presenters. Keith agreed to talk with Judge Bohling. If Bohling/Hobbes wants to move
forward with this event and make it revenue positive for them we will not participate. If the
event is revenue neutral, our section would consider bearing the full cost of the event and see if
we can get other sections to join in co-sponsoring the event.
e. Spring convention breakout – Patrick Burt reported he attended the first meeting of this
committee. The Litigation Section has tentatively been given two breakout sessions. Our
committee reemphasized that job number one is to get two Friday breakout sessions. The
spring convention will be held March 17-19. The committee discusses possible topics for the
breakout sessions including contacting the presiding judge in St George to discuss what
practitioners could do to help the Fifth District. We want to get the judges on board and have
them participate in the convention. Dan again suggested a CLE on how to manage email.
f. Summer Convention – Nicole Farrell reported that the summer convention had its first meeting.
Ryan Frazier attended and she has not yet been able to coordinate with him regarding the
number of breakout sessions our section has or which slots we have.
g. Evening with the 3rd District – George Burbidge reported that the date for this event has been
set for January 12, 2011 and we are in the process of lining up judges. Dan recommended we
email Megan Facer and Connie and get the date on the website and the calendar as quickly as
Adjourned at 9:05.
Next Meeting: November October 13, 2010.
For the Executive Committee
George W. Burbidge II, Secretary