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Executive Committee Meeting Minutes

Minutes for November 10, 2010

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Litigation Section Executive Committee
Minutes for November 10, 2010
The Executive Committee of the Litigation Section met on Wednesday, November 10, 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
• Ryan Frazier
• Randall Jeffs
• Judge Denise Lindberg
• Alec McGinn
• Seth Oxborrow
• Brian Pattison
• Dan Steele
• Patrick Tanner

Executive Committee members excused were:

• Ryan Harris
• Kent Holmberg
• Wayne Klein
• Elaina Maragakis
• Isaac Paxman
• Emily Smith

Christian Klinger attended as a Bar commissioner.


1. Minutes: George Burbidge circulated minutes from the October 13, 2010 meeting which were
reviewed and approved. George also reported that he will forward minutes of prior meetings to
Kent Holmberg to include on our web page on the off chance someone might care to read them.

2. Treasurer’s Report: Ryan Frazier reported on the Section’s finances for July, August and
September, 2010. The reports do not show the annual dues yet, and they apparently do not include
finances for the Golf and CLE events. Dan Steele expressed a concern that we are not getting
detail on our expenditures that would allow us to track how much was spent on each event.
Christian left the meeting to check on the status of dues for our calendar.

3. President’s Report: Dan encouraged everyone to put our committee meetings on their calendars
so we can get good attendance.
a. Dan reported on the Utah Bar Leadership luncheon. At that meeting they stressed the mentor
program. Dan reported that he recently went through the mentor training program and found it
was painless – some committee members showed visible relief when they heard that. Dan
opened up to the committee members and told us that he has “been trained.” One message
communicated at the Bar Leadership Meeting was that more mentors are needed. Dan noted
that Rob Jeffs talked about unbundled legal services. Christian Klinger said that he had
provided unbundled services before and found it rewarding. It helps clients and the courts
which have been overwhelmed with pro se clients. Dan asked the committee if this is
something our section should put on a CLE event. Randy Jeffs suggested that we include
educating the judges on the benefit of unbundled legal services to the courts. Christian said
that the Supreme Court has asked that the Bar get involved in training on this. Note: Lets find
out when we can put in a quarterly luncheon on this topic for nuts and bolts of how to do
limited appearances. See how Jon feels about it.
b. Dan will be sending out a quarterly newsletter soon that will address submitting comments on
the new rules and on the research topic bank.

4. Law Student Relations Committee: Isaac Paxman was unable to attend the meeting, but he
reported to the committee via email yesterday. Isaac reported that he has received a “downpour” of
topics since the mass email was circulated earlier this week describing the law student legal
research program. The website listing topics (which is already up for private review) will be
launched to U and BYU law students in early January. Seth Oxborrow has agreed to help publicize
this program at BYU. Isaac is still trying to get a student who can help at the U. Isaac also noted
that Rob Jeffs will mention the law student research program in his President’s Message in the
January/February Utah Bar Journal.

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. The report indicates that the number of
visitors to our website has been quite steady this year. Patrick Burt said that he would look into
getting more post-it notes that have our website address that we can hand out at events. Dan Steele
said that he keeps an eye on the calendar that is on our website and re-emphasized that we need to
get everything on the calendar as soon as possible.

6. CLE Report:
a. Fall Forum – Jon Hafen was not in attendance, but it looks like this is all ready to go.
b. Quarterly Lunch – Dan Steele talked about our last quarterly luncheon which discussed the
proposed amended rules. He expressed a concern that most attorneys are not looking at some
of the details of the changes in the rules, particularly Rule 35. His concern was that the two
CLE events he went to give an overview without getting to the nuts and bolts. Discussion
about whether we can do a CLE event in time for it to educate our members before the
comment period is over. Brian Pattison offered to find a date when the Rules Committee could
put on a presentation in St. George, that we can support. Dan Steele will talk to Jon to find out
the deadline when comments will be effective, and also encouraged all committee members to
review the details of the proposed changes.
c. Mediation Training Program – Keith Call reported this is dead.
d. Evening With the Third District – George Burbidge reported that the date for this event has
been set for January 12, 2011, and he confirmed with Connie Howard that this event is on “the
Calendar.” However, George discovered that just because it is on Connie’s calendar doesn’t
mean that it is on the calendar on the litigation section’s website. He agreed to contact Kent
Holmberg to see that this event gets on the calendar on our website pronto! George also
reported that Judge Hilder has agreed to be one on the panel. When he spoke with Judge
Hilder, Judge Hilder said there would be some significant changes in the Third District over the
next year which he can talk about. David Castleberry reported that he had contacted Judge
Quinn and Judge Peuler and both have agreed to speak and participate on the panel discussion
at this event. David Castleberry will introduce the judges and George Burbidge will moderate
the question and answer period. This event includes dinner. Connie says that the price for non-
Litigation Section members will be $60. We need to decide what the price will be for our
members. George will contact Kent Holmberg about getting this on the website. Lets shoot for
this to be revenue neutral, so figure out what the costs are. Lets send out postcards soon.
e. Spring convention breakout – Patrick Burt reported the committee will meet next week to
discuss topics and who will present. Our section has been offered two Friday morning
sessions. Lowrey Snow has suggested a presentation on the new rules – either to solicit
comments or explain what they will be. Patrick said that he has been trying to speak with
several judges in St. George about how attorneys can support the Fifth District Court. Patrick
will suggest combining that with unbundling legal services. Patrick said he had a number of
potential topics, now it is just a matter of deciding which topics to use and who will speak.
f. Summer Convention – Nicole Farrell reported we have a Friday and a Saturday breakout
sessions. Still working on topics for our breakout sessions and potential keynote speakers.
Everything is still open.
g. State E-filing – Deferred.

Christian thanked all of us for our service to the Utah Bar. Regarding dues, because August 30 is the
last deadline for paying dues, dues do not fund until October because they need time for checks to
clear before funding. Christian will be the liaison for one more year much to the joy of the whole
committee!

Adjourned at 9:06.
Next Meeting: December 8, 2010.
For the Executive Committee
__/s/___________________________
George W. Burbidge II, Secretary