summer 2008
The Internet Age The Internet has created a new set of legal challenges for online users. Here’s what you should know.
PLUS Attorney Ethics and Civility Attorney Profile: Lisa Bohman
Because It Matters™
It’s hard to believe that nearly two decades have passed since the Internet became a worldwide means of communicating. The “Web” has become an indispensable tool in our everyday lives, and it continues to evolve at breakneck speed. Hand-in-hand with this development we see a growing number of Internet-related legal nuances. Topics such as digital rights management, taxing, regulation and content delivery are issues under continuing debate. In this issue of VanCott Magazine, we explain and explore the most talked-about legal issues facing the Internet age. We also highlight two clients who share VanCott’s commitments to community involvement and high standards of expertise. You’ll find out how the dedicated employees at America First Credit Union volunteer their time to meet community needs in Ogden, Utah, and how skilled surgeons at the Eye Institute of Utah shine in their industry. Finally, don’t miss John Snow’s article, “Attorney Ethics and Civility,” and Sam Meziani’s discussion of “The Future of Retail Pricing Agreements.” Both share valuable perspectives on topics of interest. We appreciate our relationship and look forward to working with you throughout the year ahead. Have a wonderful summer!
Stephen D. Swindle Managing Partner
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Contents
Page 12
In This Issue
Page 14 Page 13
Summer 2008 What’s New?
4
Attorney Ethics and Civility
6
John A. Snow
Legal Issues in the Internet Age
8
Along with all of its benefits, the Internet has also created a new set of legal challenges for online users. Here’s what you should know.
Giving Back
12
America First Credit Union
Expert Insight
13
The Eye Institute of Utah
The Lawyer’s Life
14
Lisa Bohman
About VanCott
15
Feedback Page 8
VanCott Magazine is published quarterly for clients and friends of the firm. If you have questions, or suggestions for future articles, please e-mail Brooke Woodall at bwoodall@vancott.com.
The information contained in VanCott Magazine is intended to provide general information. The contents do not constitute legal advice and should not be relied on as such. © 2008 VanCott, Bagley, Cornwall & McCarthy.
summer 2008
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What’s New?
news
New Additions to the Team Seth M. Mott joined VanCott’s litigation section in May. He recently graduated with a J.D. from Washington and Lee University School of Law in Virginia. Mr. Mott served as the Lead Articles Editor on the Washington and Lee Law Review, and was a student member of the Environmental Law Society, the American Bar Association, the Federalist Society and the J. Reuben Clark Law Society. During his second year of law school, Mr. Mott served as the legislative reports editor on the Environmental Law Digest. Mr. Mott also worked as a law clerk for VanCott in 2007 and for the United States Attorney’s Office for the District of Utah. Prior to law school, he received a bachelor’s in Sociology from Brigham Young University in 2005. Mr. Mott has a professional background in the real estate industry as a mortgage broker.
William A. Street joined VanCott’s litigation section upon graduating with his J.D. from the University of Iowa College of Law in May 2008. Mr. Street has worked as a legal assistant for Cole, Vondra & Thompson LLP, and as a research assistant with University of Iowa professors on the governor’s taskforce with local and state government officials. Prior to law school, he received a bachelor’s in history from Brigham Young University in 2005. While attending BYU, he was a recipient of the MSS Starr Scholarship, president of the J. Reuben Clark Law Society, note editor of the Iowa Journal of Transnational Law, and a member of the National Honor Society and International Relations Honor Society.
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What’s New?
Angela E. Atkin Named Shareholder Angela E. Atkin, a member of VanCott’s tax, estate and benefit planning group, was named as a shareholder. Ms. Atkin specializes in estate, probate and trust matters. She is admitted to practice before the United States Tax Court and was recognized as one of Utah’s 2007 Legal Elite in the areas of wills, trusts and estates by Utah Business Magazine. Ms. Atkin is a certified public accountant and worked for two years as an auditor with Grant Thornton LLP. She received her bachelor’s, magna cum laude, in accounting from the University of Utah, and graduated with a J.D., cum laude, from Brigham Young University in 2001. Ms. Atkin is a member of the estate planning section of the Utah State Bar, the American Bar Association, and the Salt Lake Estate Planning Council. She is also a member of the Health Sciences Advocates for the University of Utah and a former member of the Planned Giving Committee for the University of Utah Health Sciences.
Admitted to Utah State Bar VanCott is honored to announce that three of its associate attorneys, Ms. Wagg, Mr. Gardner and Mr. Moench are new members of the Utah State Bar. Ms. Wagg is a member of VanCott’s litigation section. Previously she was at New York-based Balber Pickard and the bankruptcy boutique law firm of Togut, Segal & Segal LLP. Ms. Wagg received her bachelor’s, magna cum laude, from the University of Michigan in 1998, and a certificate in literature and Irish history from Trinity College
Ogden Team Relocates
in Dublin, Ireland, in 1996. She received her J.D. from the University of Michigan
For more than 23 years, VanCott has been an
Law School in 2001. Mr. Gardner, an attorney since 2006, is a member of the firm’s
integral part of the Ogden community. In March, it
tax, benefit and estate planning group. Mr. Gardner graduated with his bachelors and
became an even bigger part when it relocated to the
master’s in accounting from Brigham Young University. In 2005, he passed his CPA
newly constructed Junction Building, at 372 24th St.,
examination, and in 2006 received his J.D. from the University of Virginia School of
Suite 400, in Ogden.
Law. Mr. Moench, a member of the firm’s litigation section, received his bachelor’s,
“We are very excited to be a part of the vibrant
cum laude, in 2002 from the University of Utah and his J.D. from the University of
renewed downtown project,” says Timothy Blackburn,
Utah’s S.J. Quinney College of Law in 2007. Prior to law school, Mr. Moench was an
managing partner of the Ogden office.
intern to the Office of Chief Counsel of the U.S. Senate Judiciary Committee.
VanCott occupies approximately 5,000 square feet of the top floor of the four-story building. This exciting move comes on the heels of VanCott’s relocation of its Salt Lake City office in August 2007.
Mary Jane E. Wagg
Richard K. Gardner
Patrick L. Moench summer 2008
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Column
Attorney Ethics and Civility
Notwithstanding all the attorney jokes that reflect so poorly on members of that profession’s integrity, attorneys are in fact subject to an extensive body of rules that govern their professional conduct. Most people with a basic code of morality or civility would find these rules governing attorney conduct at least laudable. Most of the states in the Intermountain region have adopted the Rules of Professional Conduct (RPC) promulgated by the American Bar Association. Skeptics may believe that those rules represent nothing more than lawyers adopting rules written by lawyers to control lawyer conduct, and may ask “How tough can these rules be?” In fact, they are extensive and arduous, and they are enforced by the bar associations.
RCP Cornerstone
Not an Oxymoron By John A. Snow
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In most respects, the RPC can only provide a general framework for moral, ethical and competent behavior in the practice of law. Even the preamble to the RPC specifically notes this fact, and further states that an attorney must be guided by personal conscience and approbation of professional peers. The skeptic may observe “not only are the rules written by lawyers for lawyers, the lawyers get to supplement the rules with their own conscience and the approval of their peers.” However, again, the RPC provides a higher moral code than believed by the general public. A dishonest or unethical person who also happens to be a lawyer may elect to ignore the RPC and its provisions, and engage in dishonest or unethical behavior just like a non-lawyer commits unethical acts. However, for the most part, lawyers at least try to abide by the RPC and related rules governing professional and ethical conduct. The RPC contains rules that govern the relationship between the lawyer and client, rules regarding advocacy and behavior in court, and rules controlling interaction with third persons, among other things. The underlying purpose of these rules is to give some assurance that the client is receiving undivided loyalty, and honest and fair representation. For example, the RPC requires that attorneys act in a diligent and competent manner, and communicate with clients to keep them informed
Column
about their matter. (Ironically, the most frequent complaints about lawyers are that they are not diligent and do not communicate well i.e. return telephone calls. Lawyers are people, too, and some rules may not be followed as closely as others or as they should be.) The RPC contains the cornerstone of the lawyerclient relationship, which is the obligation of confidentiality. This is the rule that requires the lawyer to keep confidential all information obtained by the lawyer relating to the representation of the client regardless of the source of the information. This rule provides more protection to the client than is commonly thought. The RPC also establish the rules regarding conflicts of interest which may preclude an attorney from representing a party. These conflicts may result from representation of two clients who are adverse, or representation of an existing client that is adverse with a former client, or a conflict caused by the lawyer’s personal interest. Additionally, there are conflict rules that preclude a lawyer from engaging in specific transactions which could harm the client or adversely impact the duty of loyalty. The Rules prohibit attorneys from making false statements to the opponent, subject to certain exceptions based upon rules of confidentiality, and prohibit an attorney altogether from making false statements to a court regardless of confidentiality rules.
expected and that clients may not demand that an attorney engage in offensive or improper conduct. Frequently, clients believe that civility or courtesy towards the opponent is a sign of weakness or ineffective lawyering. Being civil, courteous and professional does not diminish an attorney’s effectiveness at advocacy or negotiating. In fact, there are literally thousands of articles written by judges, attorneys and social scientists supporting the concept that attorneys who act in a civil and professional manner, and avoid personal disputes, are more effective in court and negotiations. Although clients may believe that the “pit bull” attorney is effective, judges and juries do not respond in a positive manner to attorneys who act in an uncivil or unprofessional manner. Likewise, even in negotiations, studies have shown that a party who is liked (as well as the party’s attorney) obtains greater advantages and concessions than a party who is disliked. The obnoxious attorney can also increase the cost of representation significantly. For example, with the obnoxious attorney, everything becomes an issue and requires more court intervention and hearings than when the attorneys resolve issues in a civil and professional manner. Attorneys are required to inform the client of their duty of civility.
Rules of Civility
Clients should not misinterpret an attorney’s civility as weakness. Giving extensions to the opposition in litigation or otherwise providing reasonable accommodation is an act of professionalism, not weakness. Civility does not require that the attorney prejudice the client’s interest or not be forceful at the right moments. But, when there is nothing to gain by a refusal to accommodate a party, then a client should anticipate that the attorney will act in a professional manner. As a profession, lawyers may not deserve to be ridiculed by the attorney jokes. However, some individual members do, and some of the jokes are quite clever. So keep passing them on, but remember: As a profession, attorneys are highly regulated, and all but a few take their ethical obligations quite seriously. v
Contrary to popular belief, attorneys are also guided by rules of civility, which have now been adopted in many states. Civility is generally understood to mean simply courtesy or politeness. It is probably safe to say that a potential client has never attempted to engage an attorney because the attorney was courteous or polite. In fact, clients frequently seek just the opposite, i.e. the meanest or toughest attorney they can find. The term “civility” is not used by the potential client when seeking an attorney. However, in recent years, states have adopted rules that in fact specifically require civility. As other states have done, in 2003, the Utah Supreme Court adopted a body of rules known as the Standards of Professionalism and Civility (the “Standards”). These Standards require attorneys to act in a civil and professional manner, regardless of the ill-will that may exist between the parties. Attorneys are required to treat all parties in a courteous and dignified manner. The Standards require that attorneys advise their clients that civility, courtesy and fair dealing are
Ethical Obligations Taken Seriously
John A. Snow is a member of VanCott’s litigation section, chair of the construction law practice group, and is a member of the firm’s board of directors.
summer 2008
7
Cover Story
Legal Issues
in the Internet Age According to the Pew Internet & American Life Project, half of the adult American population now has high-speed Internet. Who would have ever thought the Internet could go this far? Along with all of its benefits, the Internet has also created a new set of legal challenges for online users. Many of these issues may take decades to resolve. The following is a basic primer on just a few of the hot legal issues you may not be aware of, but encounter daily.
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Cover Story
Beginning in the late 1990s, Napster’s software made Internet sharing of high-quality illegal copies of music rather quick and easy. To confound the problem, for quite some time, many Napster users didn’t realize they were doing anything ethically wrong or illegal. Napster in its illegal form was eventually shut down and later re-launched as a legal service, but not before the record labels lost out on millions of dollars in revenue. To avoid the misuse of legally obtained music downloads through services like Apple’s iTunes Music Store and others, record labels use digital rights management (DRM) technology embedded into each legally distributed song. DRM controls how, when and where you can listen to your legally purchased music and also controls how your legal music may or may not be copied and shared. To put it in simple terms, let’s pretend some sort of physical DRM equivalent could be applied to book publishing. Imagine buying a novel at your favorite local bookshop. Upon receiving your book, you discover the book comes with its own personal bodyguard. The bodyguard watches over your shoulder constantly, but kindly allows you to read the book as desired. However, when you try to lend the book out to a friend, photocopy a chapter, or take the book with you on an overseas vacation, the bodyguard suddenly becomes rather grumpy and wrenches the book from your grasp. Therein lies the debate over DRM; while it certainly gives a good measure of protection to copyright holders (in this case the record companies), many lawyers and scholars claim DRM goes beyond copyright protection. They argue it burdens the consumer with too many restrictions while making it harder for music stores to compete on an even playing field.
Digital Rights Management (DRM) Like many teenagers before the Internet age, you
“The main purpose of DRM is not to prevent copyright infringement but to change consumer
may have innocently recorded songs off of a favorite
expectations about what they are entitled to do with
FM radio station onto a cassette. Technically, that act
digital content,” says Pamela Samuelson, professor
may not have been legal, but record companies made
of law and information management at the University
little noise about the practice due to the quality loss of
of California, Berkeley. “DRM systems can thwart the
the procedure and the difficulty in mass producing or
exercise of fair use rights and other copyright privileges.
mass distributing the resulting recordings. Everything
DRM can be used to compel users to view content they
changed, however, with the advent of the Internet, and
would prefer to avoid (such as commercials and FBI
particularly, Napster.
warning notices), thus exceeding copyright’s bounds.”
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Cover Story
by ITFA. At the time of its passage, Congress did not feel comfortable with a permanent solution so the bill must be periodically reviewed. The most recent extension to ITFA came in October 2007 when Congress extended the bill through 2014. While ITFA does not prevent individual states from taxing sales on the Internet, the Supreme Court has ruled it is not a retailer’s responsibility to collect sales tax for an individual state unless said retailer has some sort of physical presence in the state. One reason for the rulings have been due to the unnecessary burden placed upon online retailers if required to stay up-tospeed on the thousands of different state and local tax Some record label executives have begun to agree
codes. For example, an online retailer based in Ohio
with Samuelson, realizing they can still make money
with a second warehouse or office in Utah, currently
without being so restrictive. A few online music stores
is only forced to collect sales tax on goods shipped to
like the iTunes Music Store or Amazon’s MP3 store
individuals in Utah or Ohio. The retailer is not required
now offer DRM-free music in their libraries.
to stay informed on other states’ or local governments’
Only time will tell whether record companies continue with this trend. If consumers respect copyright
Supreme Court’s rulings or with Congress for not
obtain music legally, then perhaps the music industry
coming to their aid. The states lose out on billions of
will continue to relax its grip on its customers.
dollars each year to uncollected sales tax revenues.
There are many ongoing debates in the United States related to how the Internet is taxed and regulated. The debates span multiple topics, including Internet access tax, usage tax and sales tax. In the early days of the Internet, a few states tried to individually regulate Internet access but those laws were quickly overturned citing the Commerce Clause, a provision in the U.S. Constitution giving the federal government authority “to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes.” In 1998, President Bill Clinton signed the Internet Tax Freedom Act (ITFA) enacted by Congress out of a desire to not impede the growth of the Internet via
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The states, of course, are not happy with the
holders’ rights (unlike the days of Napster) and mostly
Regulating and Taxing e-Commerce
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tax laws nor collect sales tax for those entities.
In an effort to cut their losses, 44 states have formed the Streamlined Sales Tax Project (SSTP) seeking to simplify the charging and collection of sales tax online. The premise behind SSTP is to make it much easier for online retailers to collect sales tax from consumers then distribute tax revenue to the states. As an incentive to join the SSTP program, states are offering online retailers amnesty from back taxes levied if legislation changes in the future.
Network Neutrality The Net Neutrality concept refers to the discussion of whether or not an Internet Service Provider (ISP) can control the type of content on its network or the speed of content delivery. To understand the concept, consider the following
taxation and regulation. ITFA prevents federal, local
hypothetical situation. Comcast is the largest high-
and state governments from taxing Internet access
speed ISP in Utah offering both consumer and business
including usage, bandwidth or e-mail taxation. For
broadband service. Say you are a Comcast customer
now, essentially everything except sales tax is banned
and like to purchase music from Apple’s iTunes Music
Cover Story
Store regularly. When you buy a song from iTunes, your
“We should remember that the current leaders in
download must pass through Comcast’s infrastructure
Internet innovation all began with essentially nothing,”
before eventually reaching your computer. Many
Lessig stated in testimony before the Senate Committee
music selections on iTunes currently download within
on Commerce, Science and Transportation. “Google,
30 seconds or so thanks to Comcast’s fast download
eBay, Yahoo and Amazon all started as simple
speeds. However, what if Comcast in the future decides
websites providing limited, but fantastic, services. That
to launch a serious iTunes competitor of its own?
competition would be threatened by access-tiering.”
Comcast has the technology and ability (if it so desires)
Although the U.S. government has historically passed
to purposely slow your 30-second iTunes download
neutrality legislation, going all the way back to laws
down to a 30-minute crawl while maintaining a high-
regulating the impartial use of the original telegraph
speed connection to its own music store. If, suddenly,
system, Congress has yet to enact any significant Net
Comcast customers could download music from Comcast’s own music store in 30 seconds but were forced to wait 30 minutes for the iTunes equivalent, then people might abandon iTunes in favor of the faster Comcast store. Another example deals with content restriction rights. There are certain Comcast haters in the world who post anti-Comcast comments on various websites. Comcast could (again if desired) flip a switch and deny anyone using a Comcast Internet connection access to those types of websites effectively filtering content before you
“The core of the Net Neutrality debate begs the question, ‘Does Comcast or any other ISP have the right to slow down or alter content on the Internet?”
get the chance to view it. The core of the Net Neutrality debate begs the question, “Does Comcast or any other ISP have the
Neutrality legislation despite a few attempts. In the
right to slow down or alter content on the Internet?”
meantime, the Federal Communications Commission
It’s an interesting debate. On the one hand, Net
has executed a policy with limited Net Neutrality
Neutrality proponents claim that ISPs should be forced
regulations. The issue won’t likely be resolved for some
through legislation to offer unbiased, unaltered and
time, if ever, but the dispute continues.
uniform Internet service to all. Those supporters argue
“The answer is not a massive program of regulation,”
a policy of Net Neutrality maintains a fair competitive
Lessig wrote in a Financial Times article. “It is instead
playing ground allowing for free and open competition
a very thin rule for broadband providers that forbids
on the Internet.
business models that favor scarcity over abundance.
Those against Net Neutrality, however, point out that
That is the aim of the very best ‘network neutrality’
a policy of firm Net Neutrality would reduce natural
legislation. Network owners would be free to compete
incentives to maintain hardware and update services.
in all the ways that push deployment and drive down
This would also stifle innovation since ISPs would be
prices. They would be blocked from models where
less motivated to develop new uses for the Internet.
more profit for them means less broadband for us.” v
Stanford Law Professor Lawrence Lessig, an Internet law expert, is worried about heavy-handed regulatory approaches including proposed “access tiering” giving ISPs permission to charge differently for different levels of content access. summer 2008
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Client Profile
Giving Back
America First Credit Union
highlighted in the ‘Heart to Home’ program in Ogden. Our branch manager, Kim Choate, coordinated all the food efforts during the nine days the family’s new home was being built. Our volunteers also helped lay sod. We don’t just donate monetarily, we encourage people to get out and volunteer.” Scott Simpson, president and CEO of the Utah League of Credit Unions, says America First has become a leader in their community involvement. “They’ve been really good with surplus property. For example, when they upgrade ATMs, they’ll provide the used ATMs to smaller credit unions in need.” And, as if that weren’t enough, America First hosts four shredding days each year for members and nonmembers in the Salt Lake City, Ogden and North Ogden areas to help decrease the risk of identity theft. “Everything we do centers on our membership,”
America First Credit Union has redefined the credit
says Craig Sanders, America First’s vice president of
union industry’s mantra of “People Helping People.”
marketing. “If it’s good for members, then we do it.”
The Ogden-based credit union, founded in 1939, donates 100 percent of its member donations to
federal in May 2003, giving the credit union a more
nonprofits such as the Ogden Rescue Mission,
reasonable field of membership, the capability to
St. Anne’s Center, Catholic Community Services
make loans to business members, and the ability to
and Christmas Box House. America First members
more effectively deal with banker attacks that were
donate about $3,000 each quarter to seven different
increasingly prevalent at the Utah State Legislature.
nonprofits, according to Julie Morrison, community relations and education manager. But America First’s help doesn’t stop at monetary contributions. Every spring, the credit union’s staff
and serves 460,000 members at 76 branches along the Wasatch Front, St. George and in Mesquite, Nev. “VanCott has been a great partner in helping us with
teaches children at Lakeview Elementary School, and many other schools, about money. They speak
competitive claims, and managing the overall aspects
at school assemblies and participate in math and
of our business,” Sanders says. v
“Warm the Soles of Kids” program, in conjunction with the Utah League of Credit Unions. Last year, the program donated more than 400 pairs of shoes to the community, Morrison says. “We challenge all of our branches to find opportunities to donate or volunteer within their community,” she says. “America First was recently
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America First reached $4.2 billion in assets last year
issues, such as trademark, infringements on brand,
science Olympiads. America First also heads the
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America First converted its charter from state to
Client Profile
cataract expert who specializes in complex cataract and implant cases and custom cataract procedures. The Eye Institute’s affiliated company, the SurgiCare Center of Utah, was the first ophthalmic ambulatory surgery center in Utah. It houses four operating rooms and an area for family members to view a patient’s procedure. The space also contains a full-service clinic.
Expert Insight
The Eye Institute of Utah Patients at the Eye Institute of Utah take pride in the facility’s world-class surgeons, but they are also quick to acknowledge that the Eye Institute’s experts are as affable as they are professional. “They are friendly and easy-going with patients and staff, which is one of the reasons I enjoy working here,” says Administrator and CFO Ed Barber. Doug Gunnell, a surgical supply representative with Alcon Surgical Inc., has been working with the Eye Institute for about 17 years. “I’ve seen all kinds of changes at the Eye Institute, but the doctors and other health care providers always do a superb job at
This unique, state-of-the-art facility allows skilled surgeons to perform ophthalmic and cosmetic surgery using some of the most technologically advanced equipment available. The Eye Institute staff consists of approximately 40 employees, including surgeons/doctors of medicine and optometry, technicians, nursing staff and office personnel. The Eye Institute and its doctors are known throughout the Intermountain West as leaders in the eye care industry, specializing in cataract lens-implant surgery, including custom cataract procedures using the latest premium lens technology, cosmetic surgery and vision correction procedures including LASIK. The Eye Institute also provides its patients with glaucoma treatment, dry eye treatment, laser and retina-vitreous surgery, and corneal transplantation. VanCott helps the Eye Institute with a number of legal and corporate issues. Matthew McNulty and Kim Colton are two VanCott attorneys that have worked with the Eye Institute on contract, employment, patent, trademark and Medicare issues. v
providing quality service,” he says. Praised for its advancements in technology, the Eye Institute was founded in 1980 by Dr. W. Andrew Lyle and has a satellite office in Rock Springs, Wyo. Dr. Lyle retired several years ago, but the Eye Institute continues to provide patients with care from physicians considered to be the best in their respective fields, including Alan Crandall, a cataract and glaucoma expert; Kevin Merkley, a LASIK and cornea specialist; and Robert Cionni, a
summer 2008
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This Lawyer’s Life
Lisa Bohman
For a small-town Southern girl, Lisa Bohman makes a big impression. Bohman, an associate with VanCott’s litigation and appellate groups, has quickly earned the respect and admiration of clients and coworkers. “When it comes to lawsuits, working with attorneys can be a really stressful experience, but Lisa is so approachable, efficient and positive,” says Tamara Pollard, a client from Draper, Utah. “She makes the experience as nice as it can possibly be.” After spending her high school years in Troy, Texas, a town of about 500 people, Bohman graduated with a degree in history from Brigham Young University. She went on to get a Master of Public Administration degree from the University of Utah and worked for seven years as a research analyst for the state. While there, she developed a keen interest in law. Bohman eventually became an associate at VanCott in 2005 after graduating from BYU’s J. Reuben Clark Law School. “The common tie between history, public administration and law is that they all gave me an opportunity to develop my analytical and writing skills, and all have strong elements of public policy, which I enjoy,” Bohman says. “In history you get to see the results of public policy, working in public administration I got to see the formation of policy, and as an attorney I get to see the development of public policy and its impact on people. What makes me most proud to be a lawyer is that we get to help people.” Stephen Christiansen, chair of VanCott’s appellate practice group, was one of the people involved with recruiting Bohman. “From the first interview, Lisa stood out as excellent,” Christiansen says. “She has a rare combination of legal skill, tenacity and good temperament. She is famous for how quickly she gets things done — she hates to grow grass under her feet. Her writing is top notch. She’s quickly developing into a fine lawyer, we wish we could clone her.” Bohman’s greatest passions outside of work include spending time with family and BYU football. v
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VanCott is a nationally recognized law firm with a long record of excellence and professional leadership in the Intermountain West. Our attorneys offer comprehensive business, tax, litigation, and natural resource-related services to individual and corporate clients. Since 1874, the firm has responded to the legal needs of local, national and international clients. We remain committed to a tradition of legal service of the highest quality. This means serving clients’ needs in an efficient and costeffective manner. It means providing practical advice and expert representation. It also means finding creative solutions, working within budgets, and providing prompt results.
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Offices VanCott is the exclusive member firm for Utah of Lex Mundi, the world’s leading association of independent law firms. Comprised of more than 160 member firms, Lex Mundi is the mark of excellence for legal services around the world. Corporations worldwide, their owners and their advisors turn to Lex Mundi member firms to provide outstanding legal expertise and exceptional legal services. With more than 20,000 lawyers in 560 offices and more than 100 countries, Lex Mundi member firms provide legal representation and local market knowledge just about anywhere the need may arise. Our firm’s membership in Lex Mundi provides us with global reach and access to legal resources that enhance our ability to serve clients’ needs around the world. (www.lexmundi.com)
SALT LAKE CITY, UTAH 36 S. State St., Suite 1900 Salt Lake City, Utah 84111 (801) 532-3333 OGDEN, UTAH 372 24th St., Suite 400 Ogden, Utah 84401 (801) 394-5783 PARK CITY, UTAH 1790 Bonanza Drive, Suite E-250 Park City, Utah 84060 (435) 649-3889
Robert M. Anderson randerson@vancott.com John P. Ashton jashton@vancott.com Angela E. Atkin aatkin@vancott.com Thomas R. Barton tbarton@vancott.com Thomas T. Billings** tbillings@vancott.com Timothy W. Blackburn tblackburn@vancott.com Lisa B. Bohman lbohman@vancott.com Mara A. Brown mbrown@vancott.com J. Scott Buehler sbuehler@vancott.com Robert S. Campbell rcampbell@vancott.com Gabrielle Lee Caruso** gcaruso@vancott.com Stephen K. Christiansen schristiansen@vancott.com Thomas W. Clawson tclawson@vancott.com Kim S. Colton kcolton@vancott.com Rand L. Cook rcook@vancott.com Nicole M. Deforge ndeforge@vancott.com Dale F. Gardiner dgardiner@vancott.com Richard K. Gardner** rgardner@vancott.com Heidi K. Gordon hgordon@vancott.com Tacy A. Hartman thartman@vancott.com Bart J. Johnsen bjohnsen@vancott.com H. Michael Keller mkeller@vancott.com Scott M. Lilja slilja@vancott.com Robert P. Lunt rlunt@vancott.com Robert E. Mansfield RMansfield@vancott.com Matthew F. McNulty, III mmcnulty@vancott.com Cassie J. Medura cmedura@vancott.com Sam Meziani smeziani@vancott.com Patrick L. Moench pmoench@vancott.com Seth A. Mott * smott@vancott.com J. Robert Nelson rnelson@vancott.com Karen E. O’Brien** kobrien@vancott.com Michael C. O’Brien ** mobrien@vancott.com Arthur B. Ralph aralph@vancott.com Richard H. Reeve rreeve@vancott.com David E. Salisbury dsalisbury@vancott.com Robert H. Scott rscott@vancott.com David E. Sloan dsloan@vancott.com Stephen R. Sloan ssloan@vancott.com David J. Smith dsmith@vancott.com Franklin N. Smith fsmith@vancott.com John A. Snow jsnow@vancott.com William A. Street * wstreet@vancott.com Gerald H. Suniville gsuniville@vancott.com Stephen D. Swindle sswindle@vancott.com Clark K. Taylor ctaylor@vancott.com Jacob S. Taylor jtaylor@vancott.com Chandler P. Thompson cthompson@vancott.com Florence M. Vincent fvincent@vancott.com Mary Jane E. Wagg mwagg@vancott.com Mark A. Wagner mwagner@vancott.com Loren E. Weiss lweiss@vancott.com Jennifer Anderson Whitlock jwhitlock@vancott.com Gregory P. Williams gwilliams@vancott.com M. Scott Woodland mwoodland@vancott.com
DIRECT DIAL
(801) 237-0213 (801) 237-0272 (801) 237-0304 (801) 237-0234 (801) 237-0359 (801) 394-5783 (801) 237-0421 (801) 394-5783 (801) 394-5783 (801) 237-0470 (801) 237-0335 (801) 237-0456 (801) 237-0352 (801) 237-0316 (801) 237-0228 (801) 237-0282 (801) 237-0367 (801) 237-0337 (801) 237-0402 (801) 237-0414 (801) 237-0344 (801) 237-0287 (801) 237-0216 (801) 237-0471 (801) 237-0380 (801) 237-0350 (801) 237-0250 (801) 237-0308 (801) 237-0210 (801) 532-3333 (801) 237-0270 (801) 237-0268 (801) 237-0243 (801) 237-0462 (801) 394-5783 (801) 237-0215 (801) 237-0212 (801) 237-0423 (801) 237-0206 (801) 237-0220 (208) 524-3700 (801) 237-0204 (801) 394-5783 (801) 237-0405 (801) 237-0276 (801) 237-0425 (801) 237-0481 (801) 237-0374 (801) 237-0474 (801) 237-0415 (801) 237-0345 (801) 237-0319 (801) 237-0368 (801) 237-0362 (801) 237-0297
*Admission to Utah State Bar pending **See also Park City office number
LAS VEGAS, NEVADA 2300 W. Sahara Ave., Suite 800 Las Vegas, Nevada 89102 (702) 436-0008
Because It Matters www.vancott.com
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Clients contact us for a variety of reasons. Our goal is to help our clients achieve their objective,
whatever “it” is.
BECAUSE IT MATTERS™
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36 S. State St., Suite 1900 Salt Lake City, Utah 84111
2/6/08 2:14:48 PM