Thursday, December 9, 2010

Estate Planning CLE

Here are some of the Presenters:
Randy M. Lish presented on a few topics. Plus he went to school with my boss.
Ariane H. Dansie also presented twice. And this is the second lawyer I've drawn from Durham Jones & Pinegar, since I also drew an adjunct professor from DJP.

John A. Snow presented on Ethics, and he has all the rules memorized. So I'm sure he'd appreciate this one.

Friday, October 8, 2010

Aaron R. Harris, J.D.

Aaron's an associate at the firm I work for. Here he is asking for a bench warrant on an opposing party that failed to appear. As soon as the judge agreed, opposing counsel came walking in. Those bench warrants work quick!

Tuesday, September 21, 2010

CLE

Ha. This is just like law school.

Friday, September 17, 2010

Red Tape and Hoops (on fire)



The Utah Bar uses this little image for its "Member Services." I knew that the Bar makes people jump through all sorts of hoops. But this particular hoop appears to be on fire. I think it's a picture of me submitting a second copy of my UT driver's record thanks to the "we have too many rules to write them all down" incident. So, is this a rare example of bureaucratic humor? Albeit very dark, acerbic humor, and at my expense.

Monday, September 13, 2010

Those Heartles Tax Regs

"love . . .is to be wholly disregarded." Reg §25.2512-8.

Thursday, August 26, 2010

Idaho Legal Aid Services

One of my favorite parts of law school was working at Idaho Legal Aid Services. I became a great fan of consumer protection laws. Two of their attorneys are pictured below, and you can see a few others here.

Ritchie Eppink


Howard Belodoff

Friday, July 23, 2010

BarBri = Ripoff

BarBri's "most up-to-date materials" for Utah have been awful and useless. For example, 16 years ago in American Vending, Utah's courts "extinguished the doctrine of de facto corporations." See if that's in your Utah materials. What's worse, it appears that what information is there hasn't been reviewed for 5 or 6 years. It's lame that BarBri didn't notice that Utah's probate code was changed this summer. But 6 years out-of date? That's a ripoff.

A.
BarBri botches Utah's capital punishment law:
If the court imposes the judgment of death, the defendant is entitled to select, at the time of sentencing, either a firing squad or a lethal injection as the method of execution; however, if no selection is made, the judgment of death must be by lethal injection. [§77-18-5.5]
That version of the statute was superseded in 2004. Ever since it was Amended by Chapter 51, in 2004, the statute has provided that "lethal intravenous injection" has been the only "option" offered with a death sentence. This mistake is found under the subsection "UTAH CRIMINAL PROCEDURE," pg. 10-11.

B.
BarBri biffs Utah’s version of Model Rule of Professional Conduct 1.17:
Utah has only adopted part of Rule 1.17 relating to the sale of a law practice. Utah requires only provision iii) that seller’s clients be notified in writing of the sale, of any change in fee arrangements, the client’s right to retain other counsel or take possession of their file and that their consent to the sale is presumed if there is no objection or response in 90 days.
In reality, Utah’s rule includes all 4 parts of model rule 1.17, and has since a 2005 amendment. Utah’s rule specifically prohibits any increase in fees in connection with the sale of a law practice. This mistake is under the subsection “UTAH PROFESSIONAL RESPONSIBILITY," Pg 2.

C.
BarBri bungles the grounds for modifying a custody decree in Utah:
The court may order, modify, or terminate joint legal or physical custody if:
a. the circumstances of the child or one or both of the parents have materially and substantially changed; or
b. a modification would be an improvement for and in the best interest of the child. [§30-10.4(1).]
In reality, there is only one test. § 30-10.4 provides an “and” where BarBri says “or.” The code’s conjunctive test is misrepresented as two alternative tests. This has been true at least since the 2007 amendments. This mistake is in the subsection “UTAH FAMILY LAW” pg. 15.

D.
BarBri butchers the statute of limitations for collecting back child support. In the Essay Approach Outline for Utah civil procedure, BarBri pulls this out of its hat as part of a list of SOL's:
8 years- child support
Um, actually, the SOL isn't even a fixed number of years at all. I don't know where they got 8 years, but the statute gives until the last child turns 18 plus 4 years. As far as I can tell, it's been that way for years and years and years.

Conclusion

Ripoff.

Saturday, July 3, 2010

Admin Law with Roberto Corrada

Roberto Corrada gave a rather straightforward lecture on admin law. Some say that admin agencies are the 4th branch of government. These are so called "functionalists." I see them as a conglomerate of the 1st, 2nd, and 3rd combined.

Wednesday, June 16, 2010

Con Law with Erwin Chemerinsky


I had the law school text book by Chemerinsky, but I preferred to use his treatise, which skipped the case-law method blather. As a lecturer, it turns out that Mr. Chemerinsky likes a lot of puns. They seem prepared and forced, but if nothing else, the pain helps us stay awake. This is my 2nd draft, which I hope is an improvement over the first.

Monday, June 14, 2010

Monday, June 7, 2010

Contracts with David Epstein

Prof. Epstein lectures on contracts for Barbri, and writes "the best contracts and sales casebook." His lectures are actually very good, and include a fair bit of humor. Ah gathah he's from Texas.

Mary Goza


Mary Goza is some sort of regional director for Barbri, though they don't seem to acknowledge her online. This is taken straight out of my Barbri in class workbook, so you'll see some exciting arial font on the left side.

Wednesday, May 19, 2010

Professor Douglas Moll

Beware the duck call.

Professor Lisa McElroy

I am now 3 days into BarBri and it's not so bad. It's not exactly fast paced yet. This here lecturer covered Con Law and Torts. If you take the pre-tests, DO NOT look at the answers to those questions. If you do, you will be bored to tears during the lectures covering the same material.

Thursday, April 22, 2010

Red Judicata

This court refers to the "affirmative defense of red judicata and collateral estoppel." Red judicata is like res judicata, only red.

Marshall v. New Horizons, Inc.,Slip Copy, 2009 WL 2983169, D.Conn., September 14, 2009 (NO. 3:08 CV 633 JBA)

Saturday, March 20, 2010

L3

"3L" means a law student in his or her final year of law school before entering the profession.

"L3" is apparently a parasitic larvae in its third, and final stage, of development before it enters the host. Well that's disturbing.

Tuesday, March 9, 2010

Dean James Rasband; Hugh W. Colton Professor of Law


Dean Rasband teaches a class on public lands and natural resources. His lectures often raise controversial issues, which in turn trigger entertaining comments from the class. My favorite comment, duly noted in my class notes, was this zoological gem: "That's how it happens with monkeys. The monkey that can forage the best is the monkey that can beat all the other monkeys out of its lands." I'm not sure what that means, you might want to check the recordings for January 14, 2010.

Thursday, February 11, 2010

PRINCE, YEATES & GELDZAHLER

Mr. Adam S. Affleck, of Prince, Yeates & Geldzahler, argues on a motion for summary judgment. In this case, the crucial issue was a very important coma which was omitted in a very important legal filing. By way of random example, "LLC & M, L.L.C." and "LLC & M. L.L.C." are two distinct entities registered in Utah (see the coma?). The motion for summary judgment was granted.

Wednesday, February 10, 2010

Tuesday, February 9, 2010

Professor Gordon Smith


Professor Smith teaches Law and Entrepreneurship. Prof. Smith has Wisconsin connections, so we get stories about that state's entrepreneurs. The caption, which he technically never really said, is based loosely on his jokes about Wisconsin. But to my surprise, I discovered that his most recent blog post at the Conglomerate is on the topic of the cheese industry: Endangered Cheeses.

Wednesday, February 3, 2010

Reese Hansen, Howard W. Hunter Professor of Law

Professor Hansen teaches the Law of Trusts. The textbook was written by him, Dallin H. Oaks, and two other guys. This drawing is a choppy photoshop doodle, which detracted its quality, but the convenience was wonderful.

Monday, January 4, 2010

"Students Can Get Burned"

Thus we have been warned by Jennifer Berry, general manager at the BYU Bookstore ("The Store With More"). She speaks of the hazards of purchasing textbooks online. Berry points out that students are so stupid they often order the wrong edition the night before the final exam from a vendor in Nigeria (who also needs help getting their billion dollar inheritance). Therefore, come to the bookstore where, "we guarantee the right book at the right time" unless it's last semester's family law textbook, which came 2 months late. This semester I was careful to distinguish between 2's and 8's in edition numbers and got all my books off Barnes and Noble. Have I been burned?


ISBN________Condition__BYU*____B&N + Shipping

9781599412351----Used----$108.85--------$41.48
9780735524699----Used----$112.00--------$37.49
9780820559933----Used------$85.65--------$28.99
9781599413440----NEW----$152.55-------$114.40
--------------------TOTAL-------$459.05--------$222.36


*Information and pricing on this page is subject to change. Please see the Bookstore for the latest information.