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,


2013 Spring Dinner & Dance

The Salt Lake County Bar Association

Invites You to Attend

its Annual

Spring Dinner Dance & Election of Officers

May 31, 2013

The Country Club

2400 East Country Club Drive

Salt Lake City, Utah 

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

$75 per person for SLCBA members and guests/$85 per person for non-SLCBA members and guests

Limited Seating

RSVP required by May 20, 2013 

Cocktails at 6:00 p.m.

Dinner at 7:30 p.m.

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 2013 CLE

The Salt Lake County Bar Association Presents:

Prop. 8, DOMA & the Supreme Court:

Paul C. Burke, William C. Duncan, Professor Clifford J. Rosky, and Professor Lynn D. Wardle

Lunch and 1 hour CLE CREDIT (pending)

 When:  Tuesday, April 30, 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 Thursday,

             April 25, 2013, to:

             Barbara Noble

            (801) 799-5893 (telephone)

            (801) 799-5700 (fax)


            222 S. Main, Suite 2200

Apps for Attorneys


By Lincoln Mead, Utah State Bar IT Director

There are a number of great apps out there that can streamline your practice and help you catch a couple of extra billing hours a week. (If you do not have a tablet and are thinking of taking the plunge consider this: If you can find an extra 15 minutes of billable time a week using a tablet it will pay for itself inside of a year.) The iPad has the most robust selection of legal specific apps but Android is coming on strong and now, with Microsoft entering the market, you will see a number of legal software vendors releasing their apps for that platform as well. Below is a small selection of Apps that I consider essential tools for attorneys.

Integration Apps

What can make a tablet useful is the ability to tie all the data from all your devices together.

DropBox / SpiderOak:  Web based data storage apps have been around for a long while but DropBox set a new standard in ease of use and power. Installing this app on all your phones, PCs, laptops and tablets will not only ensure that you have access to all your synched files but can create a great ‘quickie’ disaster recovery service. Spider Oak touts itself and a completely encrypted version of DropBox for those that want to go the extra mile to lock down data. If you are already using Google another related app to explore would be GDrive.

Evernote: The ultimate ‘capture’ app Evernote allows you to grab content from most applications and off of any device and store it for future recovery from the other devices in your arsenal. The tagging feature not only helps you sort the information but helps the app to highlight other associations inside of your archive. A quickie guide I send to attorneys getting started is located at http://www.attorneyatwork.com/getting-started-with-evernote

The Basics 

Day to day apps for general work.

GoodReader: A file manager that can open a wide variety of file types and has the ability to markup and annotate PDF documents. It can also be plugged into a number of data services such as DropBox , GDrive, and email providing access to all files in your storage system. Currently this app is only available for the iOS devices the developers are considering branching out to the Android and Microsoft world. An Android alternative to consider is ezPDF.

DocumentsToGo: While Microsoft has announced that they will be releasing MS Office apps for both the Android and iOS devices in 2013 DocumentsToGo has been a preferred app for a number of years to access Office documents from mobile devices.

Penultimate: If you are a yellow-pad lawyer looking for an app that comes close to the experience of that venerable tradition consider Penultimate. Currently written for the iOS platform Penultimate was recently acquired by Evernote and an Android product is in the works. If you do not want to wait consider, Quill for Android or Notability for iOS.

AudioNote: A refinement on the traditional note taking app is the ability to record audio as you are writing and have both of them in synch. Written for all platforms, AudioNote allows you to tap on a written note and be taken to the corresponding part of the audio recording. AudioNote is a great tool for client meetings and depositions.


No matter how good the device, there are some niche tools out there to make them better.

Divide: A common question is how to use a personal phone inside of an organization or firm. Divide creates a virtual desktop system that allows an attorney to separate their personal device information from the information services that may be pushed out from the office. An upside to this is that the office environment’ is fully encrypted and does not mingle data or impact the operation of the rest of the device.

Bump: Written for Android, iOS, and PC platforms, Bump allows you to quickly send files between devices just by placing them close together. The PC version also makes it ideal for quickly transferring data from your device to a laptop without hassling with cables. It is also a great tool for sending contacts and your digital business card to others that you meet. 

Legal Specific Apps

TrialPad: The gold standard for trial presentation management with a $90 price tag to prove it TrialPad allows an attorney to quickly call up exhibits and mark them up to help get the point across. There are some presentation alternatives out there that support such as Explain Everything and OneNote that can be used to provide a similar presentation experience.

iJuror: A rapid juror data entry tool for voir dire or trial you can select the juror seat to add juror notes. You can also use the drag & drop interface to manage or dismiss jurors and alternates. The system allows for the management of a jury pool of up to 60 candidates. The developer has just release a web based version called iJurorConnect that provides a free 30 trial to see if this technology is a fit for your practice.