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Twin Crises in the Law

September 27, 2013 @ 9:00 am - 4:30 pm

// see related news story // Adler and Holbrook to Speak at Twin Crises in the Law CLE, Sept. 27

Twin Crises in the Law

Friday, September 27, 2013

9:00 a.m. – 4:30 p.m., Utah Law and Justice Center (645 S. 200 E., Suite 310)

There are twin crises in the law: (1) underserved middle class clients; and (2) underemployed lawyers. The CLE presenters explain these twin crises, identify related issues, and map out paths going forward.

This event is sponsored by the Utah State Bar & Utah Law Review OnLaw

$210 for attorneys and non-students
$50 for attorneys that sign up for either Pro Bono OR Modest Means
$25 for attorneys that sign up with Pro Bono AND Modest Means
$25 for students
$10 for students that sign up for Pro Bono


9:00–9:15 – Introduction and welcome by Curtis Jensen and Jonathan Hornok

9:15–10:00 – Keynote by former Chief Justice Michael Zimmerman

10:00–10:15 – Morning break

10:15–11:15 – Under served clients panel: Mary Jane Ciccarello and Keith Call
Moderated by Judge Royal Hansen

11:15–12:15 – Underemployed lawyers panel: Beth Hansen, Abby Dizon-Maughan, and Jacque M. Ramos
Moderated by Megan Green

12:15–1:15 – Small group breakout session with large group report/discussion over lunch

1:15–2:15 – Professionalism and Economics: Balance or a Benefit panel:  Judge Royal I. Hansen, James R. Holbrook, Linda M. Jones, and Senator Stephen H. Urquhart
Moderated by Judge William Bohling

2:15–2:30 – Afternoon break

2:30–4:00 – Paths going forward panel: Former Chief Justice Christine M. Durham, Curtis Jensen, President of Utah State Bar, Robert W. Adler, Dean of S.J. Quinney College of Law, and Brett Scharffs
Moderated by Justice Michael Zimmerman

4:00–4:30 – Closing remarks, including next steps, by Curtis Jensen and Jonathan Hornok


AdlerRobert W. Adler is the Interim Dean and the James I. Farr Chair and Distinguished Professor of Law at the University of Utah, S.J. Quinney College of Law. He is also Adjunct Professor in the Department of Pediatrics, where he collaborates on studies of children’s environmental health. His books include Modern Water Law: Private Property, Public Rights and Environmental Protection (Foundation Press, 2013, with Craig and Hall); Restoring Colorado River Ecosystems: A Troubled Sense of Immensity (2007); Environmental Law: A Conceptual and Pragmatic Approach (with Driesen, 2007 and Driesen and Engel, second edition 2011); and The Clean Water Act: Twenty Years Later (with Landman and Cameron, 1993). He has represented Utah and national environmental groups in pro bono litigation, and served on the boards of local and national organizations and advisory groups, including FRIENDS of Great Salt Lake, Hawkwatch International, EPA Federal Advisory Committees, and a Taskforce on Unfunded Federal Mandates for the U.S. Advisory Commission on Intergovernmental Relations. Adler received an Outstanding Service Award from the Utah Chapter, American Water Resources Association; the Pfeiferhorn Award for Utah environmental leadership; teaching, scholarship and service awards from the College of Law; and a National Performance Award from Vice President Al Gore.


Bohling Judge Wiliam B. Bohling has served as a mediator since his retirement from the bench in 2004. His mediations focus on high-conflict, complex, and multiparty commercial, tort and employment cases. His reputation for integrity, tenacity, and resourcefulness has resulted in his being listed continuously since 2008 in Utah Business’ Legal Elite, the Mountain States Super Lawyers, and the Best Lawyers in America, and most recently was named Best Lawyer’s Salt Lake City 2013 Mediation Lawyer of the Year. He has an AV rating with Martindale-Hubbell, was awarded UCCR’s 2005 Peacekeeper Award, and the Peter Billings 2010 Award for Excellence in Dispute Resolution. He is on the panel of the National Academy of Distinguished Neutrals and a Distinguished Fellow of the International Academy of Mediators.

Judge Bohling has been a speaker and trainer of negotiation and mediation topics before numerous organizations including the International Academy of Mediators, the American Bar Association (Section of Dispute Resolution), Federal Bar Association (Utah Chapter), J. Reuben Clark (BYU) Law School, Utah Council on Conflict Resolution, Utah State Courts, and the Utah State Bar.

His 40 plus-year legal career includes 3-years at the Department of Justice’s Antitrust Division, 5-years as a law professor, 16-years in private practice, and 11-years on Utah’s district court bench. Judge Bohling was named the Utah State Bar’s 1993 Distinguished Lawyer of the Year and its 2004 Judge of the Year.


CallKeith A. Call is a shareholder at Snow, Christensen & Martineau in Salt Lake City, chair of its professional liability defense group and vice-chair of its commercial litigation practice group. He was trial counsel on a three-month legal malpractice jury trial and the trial of a $15 billion failed merger dispute. He has defended some of Utah’s most respected law firms and other professional service providers. He also focuses on complex business and intellectual property disputes. He is active in the Bar Association and several trade groups, writes frequently for the Utah Bar Journal on ethics and civility, and promotes access to justice for common citizens. He has handled many small claims for friends and neighbors in need, and he is a registered guardian ad litem, representing the interests of children in high-conflict divorce cases by court appointment. He is a member of the Utah and Arizona Bars and several federal bars. He earned his B.A. degree, cum laude, from Brigham Young University, and his J.D. degree, magna cum laude, from J. Reuben Clark Law School, Brigham Young University.


CiccarelloMary Jane Ciccarello has been the Director of the Utah State Courts Self-Help Center since 2007. She was previously an elder law attorney in private practice, the Legal Services Developer for the Utah Division of Aging and Adult Services, a staff attorney with the Legal Aid Society of Salt Lake and Utah Legal Services, and the dean of students at the University of Utah S.J. Quinney College of Law where she also taught elder law and poverty law as an adjunct professor. She is the Co-Director of the Borchard Foundation Center on Law and Aging.

The Utah State Bar named Mary Jane the distinguished pro bono lawyer of 1997. She was awarded the 2008 Pete Suazo Social Justice Award for individual advocacy by the University of Utah College of Social Work and a meritorious service award in 2010 by the Utah Judicial Council. She served as the 2002-2004 chair of the Needs of the Elderly Committee of the Utah State Bar and as president of the board of Jewish Family Service of Salt Lake (2003-2005) where she is a current board member. A member of the Utah State Courts Standing Committee on Resources for Self-Represented Parties and the Modest Means Lawyer Referral Program committee, she is mentoring three new lawyers with the Utah State Bar’s New Lawyer Mentoring Program.

Mary Jane writes and lectures regularly on law and aging issues and on the delivery of legal services.


Dizon-MaughanAbby M. Dizon-Maughan is an associate at Arnold & Wadsworth where her practice centers on criminal defense. Abby earned her Bachelor’s degree in Political Science from the University of Utah, her Master’s in Business Management from the University of Phoenix and her Juris Doctor from the University of Utah S.J. Quinney College of Law, where she graduated with honors. While in law school, Abby served in an executive capacity for several student organizations, including the OUTlaws, the College of Law’s LGBT-Ally group, and the Utah Student Association of Criminal Defense Lawyers (USACDL). Additionally, Abby was a founding member of the USACDL. Abby has experience defending federal crimes and has worked on cases ranging from DUIs to aggravated murder. Abby currently serves as the Committee Chairperson of the Criminal Justice Board of the NAACP, Salt Lake City Branch, is a member of the Professional Standards Review Board in West Valley City, and is on the Development Committee for the Utah Association of Criminal Defense Lawyers.


DurhamJustice Christine M. Durham has been on the Utah Supreme Court since 1982, and served as Chief Justice and Chair of the Utah Judicial Council from 2002 to 2012. She previously served on the state trial court after a number of years in private practice. She received her A.B. with honors from Wellesley College and a J.D. from Duke University, where she is an emeritus member of the Board of Trustees. She is the Past-President of the Conference of Chief Justices of the United States, and also the past-chair of the American Bar Association’s Council on Legal Education and Admissions to the Bar, the entity that accredits American law schools. She is a member of the Council of the American Law Institute, the Board of Overseers for the Rand Corporation’s Institute for Civil Justice, and is a Fellow of the American Bar Association. Past professional service includes the governing boards of the American Inns of Court Foundation, the Appellate Judges Conference of the ABA, the ABA’s Commission on Women in the Profession, and the Federal Judicial Conference’s Advisory Committee on the Rules of Civil Procedure. She is also a past president of the National Association of Women Judges, and was that organization’s Honoree of the Year in 1997. Justice Durham has been active in judicial education, and was a founder of the Leadership Institute in Judicial Education. She helped create and lead the Utah Coalition for Civic Character and Service Education and served on the Utah Commission on Civic Education. She was an adjunct professor for many years at the University of Utah College of Law, teaching state constitutional law, and served for twelve years on the Utah Constitutional Revision Commission. She has received honorary degrees from four Utah universities and has been recognized nationally for her work in judicial education and efforts to improve the administration of justice. In 2007 she received the William H. Rehnquist Award for Judicial Excellence; in 2008 she received the “Transparent Courthouse” Award for contributions to judicial accountability and administration from the Institute for the Advancement of the Legal System at the University of Denver. In September 2012, Justice Durham received the Eighth Annual Dwight D. Opperman Award for Judicial Excellence from the American Judicature Society. Justice Durham is currently serving on the ABA President’s Task Force on Legal Education and as a Member of the Advisory Board for the Educating Tomorrow’s Lawyers Project of the Institute for the Advancement of the American Legal System at Denver University.


GreenMegan Green is a career counselor at the University of Utah S.J. Quinney College of Law. She received her Juris Doctor from the University of Kansas in 1999. She clerked for U.S. District Court Judge Monti Belot, in the District of Kansas, from 1999-2001, and then clerked for Judge Mary Briscoe, Tenth Circuit Court of Appeals. Megan spent the majority of her legal career as an Assistant Federal Public Defender in both Arizona and Utah, working in the Office’s Capital Habeas Unit. In 2011, Megan joined the S.J. Quinney College of Law’s Professional Development Office and works with the school’s students and alumni in developing and finding their career path.


HansenBBeth A. Hansen is the Director of Career Services at the Brigham Young University Law School. She received a B.A. in Mathematics Education from Brigham Young University in 1989 and, after teaching junior high school math for 2 years, decided to go to law school. Ms. Hansen obtained her Juris Doctor from the BYU Law School in 1995. She spent four years as a civil litigation attorney in Las Vegas and joined the Career Services Office in the May of 1999. She is acting Chair of the BYU Conflict Resolution Arbitration Board and is a member of the BYU Law School Judicial Clerkship Committee. In addition, Ms. Hansen served on the NALP (The Association for Legal Career Professionals) Board of Directors from 2008–2010 and is currently Vice-chair of the Annual Conference Planning Committee for the 2014 Seattle NALP Annual Conference.


HansenJudge Royal I. Hansen was appointed to the Third District Court in July 2003 by Gov. Michael O. Leavitt. He serves Salt Lake, Summit, and Tooele counties. Judge Hansen received a law degree from the University of Utah College of Law in 1975. He was a law clerk for Judge Frank Q. Nebeker of the District of Columbia Court of Appeals from 1975 to 1976. Judge Hansen practiced with the law firm of Moyle & Draper from 1976 to 2003. He was admitted to practice in the District of Columbia and Utah. Judge Hansen is the Presiding Judge of the Third District Court. The Utah State Bar selected Judge Hansen as the Judge of the Year in 2012. He currently serves as the chair of the Judicial Council’s Alternative Dispute Resolution Committee and as a member of the Utah Supreme Court Committee on Civility and Professionalism and the Salt Lake County Criminal Justice Advisory Council. Judge Hansen previously served as the Associate Presiding Judge of the Third District Court, as a member of the Utah Supreme Court Advisory Committee on the Rules of Professional Conduct, as an examiner with the Bar Examiner Review Board of the Utah State Bar, and as a Commissioner on the Utah Judicial Conduct Commission. Judge Hansen is the founding judge of the South Valley Felony Drug Court. He is a member of the Aldon J. Anderson American Inn of Court.


HolbrookJames R. Holbrook is a Clinical Professor of Law at the University of Utah’s S.J. Quinney College of Law where he teaches negotiation, mediation, and arbitration. He has mediated or arbitrated over 700 disputes dealing with a wide range of legal issues. He graduated from the University of Utah College of Law in 1974. Before law school, he served in combat in Vietnam and was awarded the Bronze Star and Army Commendation Medal for Valor in 1969. After law school, he clerked for Chief Judge Willis Ritter of the federal district court in Utah and served as an Assistant U.S. Attorney. Before joining the law faculty in 2002, he practiced law in Salt Lake City for 28 years, primarily in complex civil and criminal litigation.

In 2010, Prof. Holbrook received the International Academy of Mediators’ Sid Lezak Award for Excellence (presented annually to a mediator who best represents the furtherance of mediation). In 2011, he received the Peacekeeper Award from the Utah Council on Conflict Resolution (presented annually to a mediator who has exemplified a superior commitment to the process of peace and conflict resolution). In 2012, he received an Alumni Award from Grinnell College for his commitment to find new ways to think about conflict and better ways to solve problems. In 2013, he received the Peter Billings Award for Excellence in Teaching. He is the co-author of the law book, Advanced Negotiation and Mediation, published in 2013 by West.


HornokJonathan R. Hornok is a 3L at the S.J. Quinney College of Law where he is the executive editor of Utah Law Review OnLaw. As part of his effort to promote this discussion in Utah, Jonathan has organized this CLE and is soliciting related articles for publication in Utah Law Review OnLaw.


JensenCurtis M Jensen is one of the founding partners of Snow Jensen & Reece, P.C. He represents clients throughout the inter-mountain area in all aspects of real estate, construction, banking, business, and litigation. He is an advocate of implementing strong claim prevention methods and practices and is very adept in resolving disputes without protracted litigation. He is licensed to practice before the state courts of Utah and Federal District Court for Utah. He is also admitted to practice before the United States Supreme Court. He has been recognized multiple years as one of Utah Business magazine’s Elite Lawyers. He currently serves as the Utah State Bar President, past Utah State Bar President-Elect, Bar Commissioner, liaison to the Utah State Bar’s Ethics Advisory Opinion Committee, Character Fitness Committee, Budget and Finance Committee, Lawyer Referral Service Committee as well as on several local boards and associations, including Chairman of the Washington County School District Foundation, Chairman of the Santa Clara City Planning Commission.


JonesLinda M. Jones is an appellate specialist and a founding member of Zimmerman Jones Booher LLC. She is the second attorney in Utah to be inducted as Fellow in the American Academy of Appellate Lawyers. She teaches appellate advocacy at the S.J. Quinney College of Law and is a member of the Utah Supreme Court Advisory Committee on the Rules of Evidence, the Rules of Professionalism and Civility, and the Criminal Jury Instructions, and a commissioner on the Utah Task Force on Representation for Indigent Criminal Defendants. Her legal career includes 16 years at the Salt Lake Legal Defender Association representing indigent criminal defendants on appeal. Since 1995, she has practiced exclusively before the Utah Supreme Court and the Utah Court of Appeals where she has handled civil and criminal appeals involving a broad range of issues. She has been a speaker and authored articles on several topics dealing with the appellate record, preserving appellate issues, jury instructions, statutory and constitutional provisions, discovery, ethics and privileged information, criminal procedure, the rules of evidence, trends and corrections in the appellate courts, and indigent defense in Utah.


RamosJacque M. Ramos, Esq. is the founder and owner J. Ramos Law Firm P.L.L.C. Jacque maintains a general civil litigation practice encompassing numerous subject areas mostly, catastrophic personal injury, wrongful death, medical malpractice, products liability, intellectual property, commercial law, and immigration. In recent years, Jacque has become interested and gained experience in litigating criminal actions, business disputes, and land disputes.

Jacque graduated from the University of Utah in 1999 with a Bachelor of Arts in Spanish and Indiana University School of Law in 2005. She was admitted to the Utah State Bar in 2005 and the Nevada State Bar in 2010.

In August 2005, Jacque joined the law office of Moriarity, Badaruddin & Booke, where she received training and experience in providing quality legal work and zealous client representation in cases involving intellectual property, personal injuries, medical malpractice, and violations of basic human rights.


ScharffsBrett G. Scharffs is Associate Dean of Academic Affairs, Francis R. Kirkham Professor of Law, and Associate Director of the International Center for Law and Religion Studies at J. Reuben Clark Law School, Brigham Young University. Professor Scharffs joined the BYU Law School in 1997. His teaching and scholarly interests include comparative and international law and religion, jurisprudence and adjudication, and international business law. Professor Scharffs is a graduate of Georgetown University, where he received a B.S.B.A in international business and an M.A. in philosophy. He was a Rhodes Scholar at Oxford University, where he earned a B.Phil in philosophy. He received his J. D. from Yale Law School, where he was Senior Editor of the Yale Law Journal.

Professor Scharffs was a law clerk for Judge David B. Sentelle on the U. S. Court of Appeals, D. C. Circuit, and worked as a legal assistant at the Iran-U.S. Claims Tribunal in The Hague. Before teaching at BYU, he worked as an attorney for the New York law firm Sullivan & Cromwell. He has previously taught at Yale University and the George Washington University Law School, and he is a visiting professor each year at Central European University in Budapest and is a regular contributing scholar in law education programs in China and Vietnam.

In his sixteen-year academic career, Professor Scharffs has written more than 60 articles and book chapters and has made more than 150 scholarly presentations in more than 20 countries. His casebook, Law and Religion: U.S., International, and Comparative Perspectives, co-written with his colleague, W. Cole Durham, Jr., was published by Aspen /WoltersKluwer in early 2010. The work had been translated into Chinese and Vietnamese, and the second English edition will appear in 2014. He has served as chair of the Law and Religion Section of the Association of American Law Schools (AALS) and is currently chair-elect of the section on Law and Interpretation. Professor Scharffs is a member of the Advisory Board of the Oxford Journal of Law and Religion.


UrquhartStephen H. Urquhart was born and raised in Houston, Texas. He received his education at Williams College (biology; Williamstown, MA), and BYU Law School (Provo, UT), where he was a member of Law Review and an honors graduate. He has his own law firm in St. George, Utah. Steve was a member of the Utah House of Representatives from 2001 to 2008, serving as Majority Whip and Rules Chair. He has been a member of the Utah Senate since 2009, and currently serves as Co-chair of the Higher Education Sub-appropriations Committee. Steve is married to Sara Stanley. They have 4 children.


ZimmermanMichael D. Zimmerman is a partner in Zimmerman Jones Booher LLC, an appellate boutique. He received his J.D. from the University of Utah in 1969, clerked for Chief Justice Warren E. Burger of the U.S. Supreme Court, was an associate with O’Melveny & Myers in Los Angeles, and was an Associate Professor of Law at the University of Utah College of Law. He served on the Utah Supreme Court from 1984 to 2000 and as Chief Justice from 1994 to 1998. He was then a partner in the Salt Lake office of Snell & Wilmer until 2011. Michael has received a number of awards including Appellate Judge of the Year and a Distinguished Service Award from the Utah State Bar, the Peter W. Billings, Sr. AAA Outstanding Dispute Resolution Service Award, the inaugural Excellence in Ethics Award from Utah Valley University, an Honorary Doctor of Laws from the University of Utah in 2001, and the National Conference for Community and Justice Humanitarian Award. He is a Fellow of the American Academy of Appellate Lawyers, a member of the American Law Institute, and co-founder and past-president of the Utah Council on Conflict Resolution.


September 27, 2013
9:00 am - 4:30 pm
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