June CLE

The Salt Lake County Bar Association Presents:

APPEALAPALOOZA!  NINE Current Appellate Court Justices And Judges To Discuss Appellate Practice-Related Topics:

Utah Supreme Court Chief Justice Matthew B. Durrant, Justice Christine M. Durham, and Justice Thomas R. Lee

Utah Court of Appeals Presiding Judge J. Frederic Voros, Associate Presiding Judge Gregory K. Orme, and Judges Michele M. Christiansen, John A. Pearce, and Stephen L. Roth

U.S. Tenth Circuit Court of Appeals Judge Carolyn B. McHugh

Lunch and 1 hour CLE CREDIT (pending)

When:  Thursday, June 12, 2014 at 12:00 p.m.

Where:  Wasatch Retreat and Conference Center located within The Episcopal Church Center of Utah, 75 South 200 East, Salt Lake City (free parking in the Diocese Parking Lot)

Cost:  $25 for Salt Lake County Bar Members, and $30 for all others. Payment to Salt Lake County Bar Association in advance or at the door.

RSVP:  Please RSVP by e-mail, fax, or telephone by Monday, June 9, 2012, to:

Barbara Noble

(801) 799-5893 (telephone)

(801) 799-5700 (fax)


222 S. Main, Suite 2200

Silent Auction

This year’s silent auction benefit partner for the Spring Dinner/Dance is the Salt Lake Area Family Justice Center at the YWCA Utah.

The Salt Lake Area Family Justice Center at the YWCA serves victims of domestic violence by providing access to many different critical resources under a single roof to provide better coordinated, seamless services for male and female victims and survivors. The Center brings together specialized services in one location where victims can report domestic violence related crimes to the police, obtain assistance with protective orders, speak to a victim advocate, contact a prosecuting attorney to learn about the criminal process or discuss a pending criminal case, find shelter, housing and support groups, and obtain employment and job training.

Services are available to victims and their families on a walk-in basis, regardless of the need for shelter. Each person receives personalized advocacy including bilingual and translation services.

Please help us keep this life-saving service possible by participating in the silent auction! Here are some of the items that will be up for bid:

Item 1: Join the Adventure at Fantasy Con

Includes: 4 tickets to Fantasy Con

Date: Friday, July 4th, 2014

Opens from 10am-8 pm

Location: Salt Palace Convention Center

Children 10 & under FREE

Start Bid: $60

(Value: $120)

Explore the world of fantasy before the fireworks! Fantasy Con is the first convention of its kind to open the world of fantasy to all and create an interactive, immersive experience that celebrates pop fantasy and the Medieval Renaissance culture and fantasy genres in games, films, artwork, and literary works.

Fun for the entire family and children of all ages! With over 200 exhibitor booths to provide you with an arena, museum, archery range, children’s area, and more, there’s something for everyone! Bring your entire family and come visit with fantasy celebrities, dress up for cosplay and live-action roleplaying, wield swords, shoot bows, enjoy shows, explore masterworks of art, eat delicious foods, and be entertained while creating memories that will last a lifetime. For a full list of guest celebrities and events, please visit: www.fantasycon.com.

Item 2: It’s a BRA Party!

A bra/party includes:

1. A bottle of red wine, white wine, and champagne (can be substituted for non-alcoholic beverages)

2. An appetizer of your choice

3. The Bra Bar Boutique all to yourself and your friends

4. Professional staff for your fitting needs

** Limo service can be provided for extra charge**

Start Bid: $250

(Value: $500)

Why have ordinary parties when you can have a BRA PARTY? The Bra Bar Boutique is located on 152 Foothill DR in Foothill village. Did you know 85% of women don’t choose the right bra to wear? That’s a huge problem and can be quite the pain in the back! Are you making these all too common mistakes: wearing bras that are too tight, or too small, or even the wrong type? From young fashionistas to stylish mothers and grandmothers –  avoiding the wrong bra and getting fitted for the right bra makes all the difference in feeling confident and beautiful. Like many women, you’ll know once you’re in it, that it’s right and perfect for you.

So what are YOU waiting for? Make your next party a bra party. Bring your friends and get fitted for the perfect bra while enjoying a glass of wine and appetizers. For more information about the BraBar|Boutique, please visit: http://www.estilolingerie.com/.

Item # 3: Mary Poppins at Hale Centre Theatre

Includes: 4 vouchers to Hale Centre Theatre’s production of Mary Poppins

Each voucher allows you TWO seats at the show

On Mon-Thurs evenings or any matinee performance before

Sunday, July 20th 2014

Includes: $25 gift card to Olive Garden

Start Bid: $120

(Value: $241)

Don’t have tickets for the show? Well you’re in luck! Here’s a chance for you to get 8 tickets to the nearly sold out Mary Poppins show at Hale Centre theatre located on 3333 South Decker Lake Drive in West Valley City. Treat the family out to a nice, quiet evening of theatre and then stop by the Olive Garden for an appetizer or dessert. Redemption instructions will be on the back of the voucher. For dates of upcoming performances, please visit: https://www.hct.org/online/.

Item # 4: Original Design for Mural by Ruby Chacon

Details: 52”x28” original pencil on paper sketch for the design for senior center mural

By lead artist Ruby Chacon and apprentices: Brittney Flores, Veronica Perez, Jose Carrasco, Norma Nunez, Lluviany Ceballos, Greg Esparza, Brandon Harriso, and Tyrone Harrison

To view more works by Ruby Chacon, please visit: http://rubychacon.com/

Start Bid: $200

(Value: $850)

Item # 5: Wagon of Wine

Includes: Various selections of white and red wine donated by the YWCA Board of Directors and Community Friends… AND the wagon it comes in!

Start Bid: TBD

Can’t get away to wine country? Let us bring it to you! Why have just one glass of wine when you can have a wagon?… of wine that is! Enjoy several varieties of wine and the sheer joy and pleasure you will surely experience when “shocked” looks are thrown your way by jealous colleagues as you are towing your wine away in a spiffy new wagon.

Item # 6: Squatters Gift Basket

Includes: $50 Gift Card to Squatters Pubs & Beers

64 oz. Growler with engraved Squatters Logo

Engraved Squatters Logo Beer Stein

Squatters Poster, Squatters T-Shirt

Start Bid: $40

(Value: $95)

Need to unwind and get away “where everybody knows your name?…” Gather with friends, raise a mug…why have just one when you can have the whole package? Treat your friends or go solo. Either way, this package is sure to offer a unique evening out and memorable (or not so much) night!

2014 Spring Dinner Dance

 The Salt Lake County Bar Association

Cordially Invites You to Attend its Annual

Spring Dinner Dance & Election of Officers

May 30, 2014

The Country Club

2400 East Country Club Drive Salt Lake City, Utah

RSVP by May 23 to Cherie Huston: chuston@parsonsbehle.com; (801) 536-6945

$75 per person for SLCBA members and guests

$85 per person for non-SLCBA members and guests

Limited Seating

Cocktails at 6:00 PM

Dinner at 7:30 PM

Dancing to Follow (Music by The Number Ones)

Cocktail Party Attire

Silent Auction to Benefit the Salt Lake Area Family Justice Center at the YWCA

April CLE

The Salt Lake County Bar Association Presents:

Same-Sex Marriage in Utah: Legal Strategies and Likely Outcomes

A Live-Radio Panel Discussion with Bill Duncan and Cliff Rosky, Moderated by Doug Fabrizio

Bill Duncan is the director of the Marriage Law Foundation, a legal organization whose mission is providing legal resources in defense of marriage as the union of a husband and wife.

Cliff Rosky is Professor of Law at the University of Utah’s S.J. Quinney College of Law, where he teaches courses on constitutional law, criminal law, and sexuality, gender and law.

Doug Fabrizio is the host and executive producer of RadioWest at KUER.

This CLE will be broadcast live by KUER and will focus on the Tenth Circuit briefing and oral argument in Kitchen v. Herbert. Due to constraints of live radio, questions to be asked during the broadcast should be emailed in advance to eclark@kuer.org.  The broadcast will go from 11:00 to noon, and lunch will be served at noon with an unrestricted question and answer session thereafter.

Lunch and 2 hours CLE CREDIT (pending)

When:  Friday, April 18, 2014 at 10:45 a.m.

Where:  Wasatch Retreat and Conference Center located within The Episcopal Church Center of Utah, 75 South 200 East, Salt Lake City (free parking in the Diocese Parking Lot)

Cost:  $20 for Salt Lake County Bar Members, and $25 for all others. Payment to Salt Lake County Bar Association in advance or at the door.

RSVP:  Please RSVP by e-mail, fax, or telephone by Wednesday,  April 16, 2014, to:

Barbara Noble

(801) 799-5893 (telephone)

(801) 799-5700 (fax)


222 S. Main, Suite 2200

Trial Practice CLE


Nine of Utah’s District Court Judges discuss trial practice-related topics. Featuring Judge Robert W. Adkins, Judges James T. Blanch, Judge Su J. Chon, Judge L.A. Dever, Presiding Judge Royal Hansen, Judge Elizabeth A. Hruby-Mills, Judge Paul B. Parker, Judge Todd M. Shaughnessy, and Judge Kate A. Toomey.

Lunch and 1 hr CLE credit (pending)

When: Wednesday, February 19, 2014 at 12:00 pm

Where: Wasatch Retreat and Conference Center, located within the Episcopal Church Center of Utah, 75 S. 200 E., SLC
(Free parking in the Diocese parking lot)

Cost: $20 for SLCBA members, $25 for all others.
Payment to Salt Lake County Bar Association
in advance or at the door

RSVP: Please RSVP by email, fax, or phone by Monday, 2/17/14 to:
Barbara Noble
(801) 799-5893 (telephone)
(801) 799-5700 (fax)
222 S. Main, Suite 2200

2013 Holiday Party

The SLCBA cordially invites you to attend its annual Holiday Dinner Dance.

When:  Friday, December 6, 2013.  Cocktails at 6:30, Dinner at 7:30, Dancing to follow with live music by The Number Ones

Where:  The Salt Lake Country Club, 2400 East Country Club Dr. SLC

Cost:  $75/person for SLCBA members and their guests; $85/person for non-SLCBA members

RSVP:  Email Nicalee Nelson at nnelson@vancott.com or call 801-237-0227 by November 26, 2013

Limited seating

Black tie invited

New Lawyers & Judges Reception – October 24 at 5:30pm at Alta Club

The Salt Lake County Bar Association
Cordially Invites You to Its

New Lawyers & Judges Reception

Thursday, October 24, 2013, 5:30 to 8:00

to Welcome the New Admittees to the Bar

Location: The Alta Club

100 East South Temple
(Parking Available Northeast of the Alta Club)

No Cost to Attend. Hors d’oeuvres and Drinks

RSVP to Nicalee Nelson at nnelson@vancott.com
or (801) 237-0227 by October 18.

October 10, 2013 CLE luncheon

The Salt Lake County Bar Association Presents:

A Panel Discussion on Gene Patenting in the Wake of Association for Molecular Pathology v. Myriad

With Professor Amelia Smith Rinehart; Sandra Park, ACLU Staff Attorney; and Kristine Johnson of Parsons Behle & Latimer

Lunch and 1 hour CLE CREDIT (pending)

When:    Thursday, October 10, 2013 at 12:00 p.m.

Where:   Wasatch Retreat and Conference Center located within

The Episcopal Church Center of Utah, 75 South 200 East,

Salt Lake City (free parking in the Diocese Parking Lot)

Cost:     $25 for Salt Lake County Bar Members, and $30 for all others.

Payment to Salt Lake County Bar Association in advance or

at the door.

RSVP:  Please RSVP by e-mail, fax, or telephone by Tuesday,

October 8, 2013, to:

Barbara Noble

(801) 799-5893 (telephone)

(801) 799-5700 (fax)


222 S. Main, Suite 2200

Justice Tongue — April 2013

Dear Justice Tongue:

I am a fledgling “trial lawyer” with only a half dozen jury trials.  I think I’m getting the hang of things, but one aspect of litigation and trial practice is vexing me.  The subject is experts.  In my cases we can rarely afford them and I worry that I’m being out-gunned when the better funded side brings on some high-priced professional.  With my budget I’ve had to always look for the smoking gun, not the hired gun.  Any advice?


H. Smoke

Dear Mr. Smoke:

Did you really refer to the vast and increasing throng of academicians, clinicians, and leading lights we call “experts” as “hired guns”?  Are you implying that they lack independence and compromise their intellectual integrity and honesty in pursuit of the advocacy of their patrons’ claims?  Is it your contention that their testimony is for sale and they understate the principles that, in other cases, they highlight; and highlight principles that in other cases they relegate, all to enhance the trial themes and theories of their handlers?   Are you really suggesting that this vaunted role in the trial process is contaminated with the influence of money and that expert testimony is literally “for sale”?  Well, let me just say I am aghast.  Let me also say that you have a brilliant future in the trial practice because at a tender age, you are very perceptive.

In the ancient days, litigants would bring “compurgators” to the trial process to vouch for them.  It was thought that the party bringing the requisite number of “compurgators” would have the day.  Progress was made when the practice turned to the actual merits of the claim, you know, what actually happened.  The rules were refined and improved such that they generally followed the principles of logic and focused on the reliability of the evidence.  In some instances it was recognized that certain individuals, by dint of experience or academic prowess, could aid the judge and/or jury in understanding things beyond the laymen’s ken.  On came the paid expert. 

Once you pay someone, they are not independent.  They are paid.  They may try to look independent, they may try to act independent, they may even try to give away little points here and there to seem independent.  They are not so.  I and my sage colleagues prohibit any reference to these paid witnesses as “independent” for these very reasons.  And the more effective these “hired professionals” are perceived to be as witness/advocates, the more coveted is their performance and the greater the financial tribute they demand.  Greater financial tribute equals less and less independence.  In a sense the use of experts often now devolves into a new kind of “compurgation”, namely that of paid witnesses who, under the guise of presenting “expert” analysis, provide advocacy for their clients. 

You are rightly vexed, but all is not lost.  It is true that in certain instances you must retain an expert to meet legal requirements.  For example, in a medical malpractice case you must have an “expert” to establish the standard of care, the breach of standard of care, and causation.  Those instances are relatively rare.  Do not be intimidated by the paid witness.  In my experience, juries understand that they are anything but independent.  To make sure that no one misses the point, spend time both in the deposition and in the trial laying out calmly and systematically, the number of times they have testified for litigants on one side or the other, the amount of money they earn each year being professional witnesses, and the amount they have charged in the instant case to “prepare” their testimony, including the typically enhanced rate for their testimony.

When you cross-examine such professional witnesses, do not play in their ballpark.  There are general principles that they must embrace that will be part of your central liability themes.  Stay with those basic principles and present those aspects of your case through their mouths.  The master trial lawyers appearing in my court have invariably turned the other side’s expert into advocates for critical portions of their case.  When they do so they are careful, they are selective, and they are prepared.  It is not a game for amateurs nor is it something that you can do if you don’t fully understand the subject matter of the expert’s presentation.

Here is another hint.  You may have a talented witness in or affiliated with your client that can be presented as a non-retained expert.  Very often, treating physicians or experienced artisans in small businesses have specialized knowledge that qualifies them as non-retained expert witnesses and even though they may not be polished, the jurors are often very receptive to their common touch.  Yes, I understand they are not independent.  You will be the one to deal with that revelation.

Finally, you should know that some of the most famous, effective advocates err on the side of not hiring paid witnesses after all, many “experts” have to be told what their expertise is, what they know and what they should say.  They typically write like challenged third –graders, very often cannot keep straight which side they’re advocating for, and always contradict themselves in some critical phase.  At such times they present what the learned men and women of the trial bar refer to as “targets of opportunity”.  Be prepared.

 Well, my best to you Mr., I’m sorry what was it?  Oh yes, Smoke.

 Warm regards,