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

Spring 2014 President’s Message – Anneliese Booher

2013-2014 SLCBA President  - Anneliese Booher

2013-2014 SLCBA President – Anneliese Booher

Serving as President of the Salt Lake County Bar Association over the past year has been an incredibly rewarding experience.  But at times it can also be a daunting one, especially when the time comes to send out a President’s message with some wisdom or perspective that might be useful to others.  With Mother’s Day approaching, I have decided that the best wisdom and perspective to share is the most important wisdom and perspective that was shared with me—the advice my mother often repeated as she raised me and my eight siblings.

  1. “Put on some lipstick and eat a piece of chocolate.” My sisters and I would hear this whenever we were nervous about doing something outside of our comfort zone, whether it was a public speech, a dance competition, or a nerve-racking social event.  Life as an attorney continually presents uneasy situations—meetings with clients, practicing in new areas, dealing with difficult counsel, and drafting a President’s message.  My mother’s point was not to forego preparation, but rather that once we have prepared as much as we can, we need to relax, get some endorphins going, and put our best foot forward.  With my lipstick in place, and chocolate devoured, I will now continue with her advice.
  2. “Think of it as ‘an experience’.” This is what my mother would say when someone in our family faced a disappointing situation, like when the family car broke down during a road trip, a school election was lost, or a date went horribly awry.  Having a long-term perspective when we endure professional failures and losses can be difficult, but those failures can also teach us how to do better (or at least give us entertaining stories).  Few motions or cases constitute our one shot at a gold medal at the law Olympics. Perhaps that’s why we call it the “practice” of law.
  3. “Remember who you are.” It’s easy to let the moment overshadow who you are and what you value.  We have all said of ourselves or another attorney, “that’s just not who she is; she was acting out of character.”  Being a lawyer presents numerous opportunities to depart from who we really are. This is not surprising because lawyers are asked to play roles, not entirely unlike actors on a stage. But we are not actors, and these are our lives.  It is worth asking ourselves from time to time whether how we practice law really reflects who we are.
  4. “If you can’t say something nice, don’t say anything at all.” This is advice we have all heard, but its importance should not be lost in its prevalence. It is worth remembering how being nice to opposing counsel and professional in our dealings can sometimes make litigation more pleasant and bolster your credibility.

Fortunately for me, it’s easy to say nice things about those who served on the SLCBA Executive Committee this year.  Our CLE Subcommittee—comprised of Chris Hogle, Judge Michele Christiansen, Kristine Larsen, and Clem Landau—planned well-attended events on timely issues such as gene patents, trial practice tips from current judges, and same-sex marriage.  The Socials Subcommittee—Jonathan Pappasideris, Mark Kittrell, and Sam Meziani—staged an attendance record-breaking New Lawyers and Judges Reception at the Alta Club last fall, a sold-out Holiday Party last winter.  They have planned what will surely be a memorable Spring Dinner and Election of Officers for May 30th at the Country Club.  The Bar & Bench Subcommittee, led by Judge Julie Lund with help from Chandler Thompson, Trystan Smith, Tsutomu Johnson, and Kate Conyers, have revitalized this publication’s layout and produced excellent articles.

Our Art and the Law Subcommittee, Jennifer Mastrorocco and Jack Nelson, ably organized our annual Law Day-centered art competition for area elementary and middle school students, garnering nearly 100 submissions.  Aida Neimarlija and Lauren Shurman continue to do a fantastic job on our Membership, Public Relations and Social Media Subcommittee, keeping our Facebook, Twitter, and web presence up to date.  This year, the SLCBA focused on its history, records, and internal organization.  Rita Cornish went above and beyond as a one-woman Records and History Subcommittee, providing invaluable help evaluating and organizing numerous records and updating our corporate documents.  The efforts of these Subcommittee members, together with the advice and help of past-President Judge Robert Shelby, Vice-President Amy Sorenson, Secretary Shane Hillman, and Treasurer Bart Johnsen have made this year one for the books.

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.

Winter 2013 President’s Message – Anneliese Booher


2013-2014 SLCBA President – Anneliese Booher

“It takes an endless amount of history to make even a little tradition.” ”  Henry James.

I am excited and humbled to lead the Salt Lake County Bar Association this year.  When I wonder how I got here, I think back to the first Salt Lake County Bar event that I attended.  It was the Spring Dinner in 2002, and I was a brand-new lawyer.  It made an impression on me, and not just because it was the best meal I’d had in some time.  What impressed me as a freshly-minted and very nervous litigator was the opportunity it afforded me to rub elbows with the best attorneys in our community.  I watched as those attorneys—undoubtedly fierce competitors at times—laughed, ate, and reminisced with each other.  For many, this event was clearly an annual tradition.  At night’s end, I understood one of the central values of this organization—bringing together competitors and colleagues to make friends and mentors.

These values are embodied in the members, including those serving on our Executive Committee.  Because of their hard work, our organization is in great shape.  This year, we hope to continue the successes seen under leadership of recent Presidents, Judge Robert Shelby, Laura Scott, and Trina Higgins.  Our social events have been filled to capacity.  Our CLE’s provide lively conversation and critical guidance, and we now offer a free annual CLE targeted to newer lawyers.  Our Bar & Bench continues to report on the happenings in our community, and our facebook page, LinkedIn group, and website offer fresh information on our events.

In addition to looking forward, this year we reflect on our history.  Understanding our past honors those who worked to create our now well-loved traditions and renews our own mission. To that end, this year, the Committee will be collecting and compiling stories, photographs, and newsletters from our past.  We will be posting those and providing them on our website (www.slcba.net) and using them at our events.  Rita Cornish will help to coordinate this endeavor, with the help of Aida Neimarlija and Lauren Shurman, who tirelessly head our Membership, Public Relations and Social Media subcommittee.  If you have photographs or stories about the Salt Lake County Bar Association, please pass those on to Rita or me.

As we have begun this history project, Craig Adamson lent me a copy of the minutes of the first meeting of the Salt Lake County Bar Association.  That meeting took place on January 23, 1930. Twenty-seven attorneys signed the meeting roster.  Their names included Willis Ritter, E.R. Christensen, Ed Hatch, and Brigham Clegg.  Eighty-three years later, we count nearly 2000 members, and still boast among them the best our legal community has to offer.

This year, Judge Julie Lund continues to lead our Bar & Bench, along with Trystan Smith, Chandler Thompson, Tsutomu Johnson, and new member Kate Conyers.  Chris Hogle once again chairs our CLE subcommittee, with valuable help from Judge Michele Christiansen, Clemens Landau, and Kristine Larsen.

Ever the well-oiled machine, our Socials Committee is led by Jonathan Pappasideris, supported by Sam Meziani and Mark Kittrell.  Mark your calendars for December 6, 2013, which is the date of our annual Holiday Party at the Salt Lake Country Club.

Jennifer Mastrorocco continues to ably lead our Art and the Law subcommittee, and is joined this year by new Committee member, Jack Nelson.  Each year, we look forward to seeing the art submitted by area schoolchildren who participate in this competition, done in conjunction with Law Day.  Take a look at some of the past winners’ art on display in the Matheson Courthouse.  We expect our wonderful volunteer judges from the Third District Court to see some great entries on this year’s theme, “American Democracy and the Rule of Law: Why Every Vote Matters.”

Under Lauren Shurman and Aida Neimarlija’s leadership, the Membership, Public Relations and Social Media subcommittee continues to guide us through evolving membership and social media issues.  They provide updated information and photographs on Facebook, networking benefits on LinkedIn, and offer on our website past the Bar & Bench articles, our CLE and social calendar, and other helpful information.  The Salt Lake County Bar is even on Twitter!  As we focus this year on our history, Aida and Lauren have already begun to provide this information on our website under the “SLCBA History” tab.  Watch for this part of our website to grow and improve this year.

This year, Amy Sorenson is serving as our Vice President, Shane Hillman is our Secretary, and Bart Johnsen is our Treasurer.  Judge Robert Shelby remains on the committee as our Past-President. We look forward to seeing you at our events!

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,