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Executive Committee Meeting Minutes

Minutes for December 14, 2011

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Litigation Section Committee Minutes
December 14, 2011
The Executive Committee of the Litigation Section met on Wednesday, December 14, 2011, at 8:00 a.m. at the Utah Law and Justice Center in Salt Lake City, Utah.

Executive committee members present or participating by telephone were: Patrick Burt, Ryan Frazier, Kent Holmberg, David Castleberry, Seth Oxborrow, Patrick Tanner, Heather Sneddon, Dan Steele, Heather Thuet, Isaac Paxman, Keith Call, Judge Roth, George Burbidge, and Joseph Stultz.

Executive committee members excused were: Nicole Farrell.

1. Minutes: David Castleberry circulated minutes from the November 9, 2011 meeting. The committee reviewed and approved the minutes as corrected.

2. Treasurer's Report: This year the section has received $44,815, which is comparable to what the section received last year. As of November 30, 2011, the section has $72,000 in account.

3. CLE
a. Quarterly Lunches:
i. December 2011: Ryan Frazier reported on the quarterly luncheon held on December 12, 2011, which addressed the recent changes to the Utah Rules of Civil Procedure. Unfortunately, Judge Himonas could not present at the CLE because of family issues; however, the CLE proceeded with two judges: Judge Pullen and Judge Connors. The committee discussed putting the new rule on the section's website, and letting the members of the section know about it with an email. The section also discussed putting a question and answer section on the website. Because of great demand, the December 2011 quarterly luncheon was broadcasted on a webinar. While Dan Steele commented that the webinar had technical difficulties, George Burbidge said that the webinar worked ok from his law firm. The committee discussed the section's policies with respect to turning away people and with respect to pricing quarterly lunch events. Section members may attend quarterly lunches for free. A motion was made to require non-section members to pay $35 for the quarterly lunch (keeping in mind that yearly section dues are $35 a year), even if the non-section members do not eat lunch. The motion passed unanimously. Ryan Frazier also suggested that the section overbook the quarterly lunches because of people who register but then do not attend.
ii. First Quarterly Luncheon in 2012: Heather Sneddon will head this event. The section discussed another presentation about the new rules, and a summary of important decisions from 2011. Jon Hafen suggested that Heather get a date and a topic as soon as possible, he also suggested
getting judges involved. Jon explained that Heather's job is to find presenters and to pick a topic, and to work with Ryan Frazier in scheduling the building for the event.
b. Quarterly Rise and Shine CLE:
i. December Rise and Shine: Dan Steele discussed the upcoming CLE, and explained that the presenters will discuss managing contingency cases. Dan Steele will moderate the CLE. Dan mentioned that he thought about dressing as Santa Claus for the CLE. Motion was made to have Dan dress as Santa Claus. The motion passed with unanimous and enthusiastic support.
ii. First Quarterly Rise and Shine: Patrick Burt explained some of his ideas for the upcoming Rise and Shine CLE. He would like to have a presentation of "what I wish the other side knew" with a panel of plaintiff and defendant attorneys, as well as a mediator. Jon Hafen suggested that Patrick talk to Keith Call regarding setting up this CLE. Keith is in charge of all Rise and Shine CLEs.
c. Judicial Receptions
i. Jon Hafen met with Catherine Hoskins, President of Davis County Bar Association, about co-sponsoring a judicial reception. Catherine is thrilled with the idea, and said that they could have two events, one for the Weber Bar Association and one for the Davis Bar Association. Jon mentioned that our section could provide some funding for the reception(s). They are considering two dates: one in March and one in October. Catherine will give our section possible dates, and also let us know how much money is needed. Jon Hafen also said that our section can market the event. Dan Steele mentioned that it would be good to have a CLE where the court clerks can give presentations and answer questions. In the past, Judge Himonas mentioned Dan Becker as someone who could do this type of event in the Third District. The Second District already holds an event called "Contempt of Clerk."
ii. Patrick Tanner thought it would be good to have judges from West Jordan as presenters for a judicial reception in the Third District. Right now the event is scheduled for February 16 at the Law and Justice Center beginning at 5:30. Judge Hansen and Judge Lubeck have committed to be on the panel. Patrick is waiting to hear from Judge Toomey and Judge Stone.
iii. Isaac Paxman said that Judge McVey is excited about the idea of holding a judicial reception in the Fourth District. Judge Pullen and Judge Taylor have said that they could serve on the panel, and Judge McVey would like to find other judges to present as well. Isaac is planning on holding the
event at the court house. Partnering in this event with the Utah Central Bar Association and the local Inn of Court was discussed. The event is scheduled for March 8, 2012. Jon Hafen suggested that Isaac talk to Connie Howard about setting up registration for the event, and sending out information via email and postcard. The cost of the even was discussed. It could be free to section members and $10 or $15 dollars for non-section members (where they would get two hours of CLE).
d. Golf & CLE: Dan Steele reported that all of the Golf and CLE events went well. Jon Hafen asked that we begin to calendar dates for new events in 2012.
e. Annual Meeting: Heather Thuet said that not much has happened lately for planning for the event, but the section is still set to present for two hours.
f. Trial Seminar: Jon Hafen said that he will work on getting a firm date for the seminar.
g. Fall Forum: George Burbidge brought up a complaint. The facility does not work because it is too small of a space for number of participants. Patrick Tanner will see what, if anything, he can do for the next event.
h. Federal Law Symposium: Jon Hafen said that the event is coming together. He would like to send out a brochure in January 2012. Jon asked Dan Steele to book a golf course for May 5, 2012 for an 8:30 a.m. start for seven groups.

4. Newsletter: Judge Roth thought that the newsletter was great. Jon Hafen would like the email sending out the newsletter to contain a better description. Jon Hafen also asked that the newsletter be added to the section's website. Jon Hafen also said that he would like to have full case summaries in the newsletter, and would like each newsletter to have two full summaries.

5. Law Student Relations Committee: Seth Oxborrow said that he is working on getting contacts from different journals with respect to student papers to post on the section website. It was also discussed about opening up section events to law students. It was decided that the students would need to register, but they could attend for free.

6. Website Report: Kent said if a CLE or event needs to be on website, the organizer of the event must email Lincoln and then make sure it is taken down after the event is over.

7. Bench Book: David Castleberry continues to add new material for bench books. Judge Roth mentioned that he has found that having a bench book is useful to the judge because it allows the judge to manage the expectation of lawyers. Kent Holmberg mentioned that the bench book pages are the most often visited pages on the section's website.

8. State CLE Committee: Jon Hafen mentioned that there might be some changes at creating different tiers for CLE. Some CLEs will be basic, while others will be advanced.

9. Jury Instruction Committee: Kent Holmberg explained that he offered to help on behalf of our section, and received in response a nice letter saying that the Jury Instruction Committee is full, but it may need help in the future.

Adjourned at 9:05 a.m.
Next Meeting: January 11, 2012

For the Executive Committee
David Castleberry, Secretary