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Executive Committee Meeting Minutes

Minutes for October 14, 2009

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Litigation Section Executive Committee
Minutes for October 14, 2009
The Executive Committee of the Litigation Section met on Wednesday, October 14, 2009 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.
Executive Committee members present or participating by telephone were:

  • Kent Holmberg
  • Wayne Klein
  • Judge Denise Lindberg
  • Patrick Tanner
  • George Burbidge
  • Jon Hafen
  • Keith Call
  • Randy Jeffs
  • Executive Committee members excused were:
  • Thomas Boyle
  • Bryan Pattison
  • Elaina Margakis
  • Ryan Harris
  • Michael Petrogeorge
  • Dan Steele
  • Sammi Anderson
  • Isaac Paxman

1. Minutes: Minutes of the September 9, 2009 meeting were read and approved.

2. Treasurer’s Report: This item was deferred to the next meeting.

3. Randall Jeffs Introduction: Wayne Klein introduced Randall Jeffs and moved that he be welcomed as a new member of the executive committee. The motion passed unanimously. Randall’s email address is: .

4. Proposed Amendments to the Utah Court Rules: Wayne Klein reported that amendments to the Utah Court Rules have been proposed but they do not appear to be changes that our section needs to be concerned about.

5. Meeting with the Bar Commission: Wayne Klein stoically reported on his meeting with the Utah Bar Commission. He made the commission aware of the importance of accepting credit cards for payment at CLE and our committee’s concerns about the Bar’s proposal for increasing the percentage it collects from dues paid to the sections.

6. Bar Leadership Conference: Wayne Klein will attend the Bar Leadership Conference on October 21, 2009 and will report back to the committee at the November meeting.

7. Use of Our Membership List by Other Sections: Wayne Klein reported that the Constitutional Law Section asked to use our section’s mailing list for an upcoming CLE. Wayne declined the request on the grounds that the CLE that was offered did not have a clear nexus with litigation. In further discussion committee members expressed a desire to help our sister sections advertise their CLE programs while at the same time acknowledging a
concern that too many solicitations could dilute the impact of the communications we have with our own members. A motion was made that the Litigation Section allow other sections of the Utah Bar to use our section’s membership list upon request as long as the message sent identifies our sister section as the sender rather than our section. The motion was seconded and unanimously approved.

8. Debate Tournament Sponsorship: Wayne Klein reported that our section has been approached for a donation for the debate tournament at Highland High sponsored by the Young Lawyers Division. In prior years our section has donated between $500 and $750 for this event. A motion was made that we donate $500 to the debate tournament and was seconded. The motion was unanimously approved.

9. Bar Commission Liaison: Wayne Klein reported that Christian Clinger has been appointed as liaison to our section for the next year. All present were thrilled at this exciting news! Christian abstained from attending this meeting, undoubtedly out of an abundance of modesty. George Burbidge silently renewed his resolve to spell Christian’s name correctly in minutes of future meetings even if it means misspelling the names of other committee members.

10 CLE Reports:
a. Utah County Golf and CLE: Randy Jeffs reported that the event went well. Thirty-three participants attended the CLE and almost 20 people golfed. A report on the net cost of the event was deferred to a later meeting.
b. October Quarterly Luncheon: Jon Hafen reported our last quarterly luncheon was very successful with over 100 attorneys in attendance. Judge Lindberg did a great job of putting together the panel of judges. Wayne reported that following the meeting he received an email from the Bar with the names of the three people who registered and did not show up for the meeting.
c. Next Quarterly Luncheon: Jon Hafen proposed scheduling our next quarterly luncheon for the first week of December. He proposed a panel of judges addressing legal writing, particularly focused on complaints, answers and motions for summary judgment. The suggestion was enthusiastically embraced by the committee.
d. Ethics Symposium: Jon Hafen reported registration for the annual ethics symposium is looking good. It is entitled Reel Justice: Legal Ethics Goes to the Movies. The presentation will use film clips to highlight ethical issues for discussion. It will take place the afternoon of Friday, October 23rd at BYU Law School. The keynote speaker is Larry Cohen from Phoenix. Other presenters include Judge Steve Webster from Las Vegas, Dean Jim Rasband (new Dean at BYU Law School), Justice Wilkins, Judge Schofield, and Bryon Benevento.
e. Fall Forum: Jon Hafen reported the Fall Forum will include several litigation sessions including a panel on proposals to streamline the litigation process and making it less
expensive. He also noted that Judge Kimball has indicated he was forming a subcommittee on streamlining litigation through the local federal rules. This prompted a discussion of looking into our section getting involved in this subcommittee.
f. Spring Convention: Kent Holmberg that there will be two breakout sessions at the spring convention. One will likely be on post-judgment collection procedures (Jon Hafen suggested names of possible speakers) and the second on medical discovery issues such as what is and is not discoverable, issues of privilege and exploring gray issues.
g. St. George Golf and CLE: This will be held on October 23rd and will be combined with the Federal Bar Association program.

11. Website: Kent Holmberg reported on the website traffic to our website.

12. Law Student Relations: Wayne Klein reported that Isaac Paxman had spoken with BYU about law students publishing articles and BYU’s reaction has been positive and this program is moving forward.

13. Model Jury Instructions Committee: Judge Lindberg reported that the committee had not met in the last month but a meeting was planned within the next week or so.

14. Electronic Filing Committee: Jon Hafen reported that he received an email from Tim Shea indicating that the Utah state courts will roll out an electronic filing system soon.

Meeting adjourned at 8:50 a.m. The next meeting will be held on November 11, 2009.
Approved November 11, 2009
For the Executive Committee
George W. Burbidge II
Secretary 3