VanCott Newsletter - October 2008

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FALL 2008

Moral Psychology of Law A look at how lawyers promote human dignity

PLUS The Whole Truth and Nothing but the Truth Ethics in Real Estate Buy-Sell Transactions


Because It Matters™

Because You Matter to Us Harper Lee’s 1960 novel “To Kill a Mockingbird” reinforced the important role human dignity plays in the legal profession and, most importantly, in our everyday lives. The narrator’s father, Atticus Finch, has served as a moral hero for many lawyers. In this issue of VanCott Magazine, we explore the ways the legal world can continue in Atticus Finch’s footsteps in upholding the values of human dignity. In the feature story, David Luban, a leading scholar on legal ethics, shares his insight on how lawyers can use day-to-day legal procedures, such as the rule of law, the right to counsel and confidentiality, to promote individual dignity. Heidi Gordon, an associate in VanCott’s business section, discusses the unpredictability of today’s real estate market and why now is especially important for buyers and sellers to adhere to their ethical duties when entering into real property buy-sell transactions. Michael Keller, chair of VanCott’s natural resources, energy and environmental law practice group, poses the question: What constitutes the truth, the whole truth and nothing but the truth? We also profile two clients with passionate leaders at the helm: Shawn Fojtik at Pinyons Medical Technology in Park City, Utah, and David Purinton at PurCo Fleet Services in Spanish Fork, Utah. Last, but not least, we enjoy giving you a look inside our attorney’s lives — this issue highlights Scott Buehler whose interpersonal skills have become a tremendous asset to our business and litigation sections. We hope you enjoy this issue and have a safe and happy holiday season! Stephen D. Swindle Managing Partner

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Contents

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Fall 2008

In This Issue What’s New?

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Ethics in Real Estate Buy-Sell Transactions

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Heidi K. Gordon

The Whole Truth and Nothing but the Truth

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H. Michael Keller

Moral Psychology of Law

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A look at how lawyers promote human dignity

Injecting Passion Into Medicine

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Pinyons Medical Technology

Idea Man

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David Purinton

The Lawyer’s Life

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J. Scott Buehler

About VanCott

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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 Susan Christiansen at stchristiansen@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.

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What’s New?

news

Leaders in Utah Real Estate Law For the sixth year in a row, Chambers USA: America’s Leading Lawyers for Business has recognized Gregory P. Williams and Rand L. Cook as leaders in the practice of real estate law. Chambers USA, published by Chambers and Partners Publishing, is a highly regarded “client guide” which ranks firms and key attorneys based on extensive interviews with peers, firm clients and competitors. Law firms and individual attorneys are ranked on a scale of 1-6, in areas including technical legal ability, professional conduct, client service, commercial awareness, diligence, commitment and other qualities most valued Gregory Williams

by the client. In the 2008 edition of Chambers USA, Mr. Williams received several recommendations from competitors who were impressed by his transactional work. “He’s a great lawyer — really a pleasure to work with.” Mr. Williams, chair of VanCott’s real estate group, focuses his practice on transactional matters for oil, gas and mining, as well as a broader base of business clients. Mr. Cook has significant experience with loans secured by almost every type of collateral. He is primarily involved in commercial transactions and has particular

Rand L. Cook

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expertise in commercial lending.


Summer Associate Program

What’s New?

Summer Associate Program The summer associate program at VanCott is the primary source of the firm’s new attorney hiring. Our

students should apply as early in the school year as

Nine Lawyers Among Top 5%

possible. First-year students are encouraged to apply as

Nine VanCott lawyers have been recognized

soon as they have received their first semester grades.

in the recent edition of Mountain States Super

objective is to hire only those students who have the potential to become shareholders of the firm. The firm conducts on-campus recruiting for secondyear students in September and October. Second-year

“As a law student at Indiana University-Bloomington, I eagerly anticipated this summer as an opportunity to get a feel for what it would really be like to practice law. In part, I chose VanCott over several other offers because it advertised its summer experience as a realistic view of what it is like to work at our firm. This was precisely what I was looking for. A leading firm in its market, VanCott offers the best of both worlds. It is big enough to have impressive clients, sophisticated work, and brilliant attorneys to learn from. Yet, the firm is small enough to offer a collegial atmosphere and give young lawyers the opportunity to take on important cases early in their careers. As a summer associate, I’ve had the chance to be involved in a wide variety of projects, from real estate litigation to employment law to oil and gas regulation. As I’ve interacted with shareholders and associates, I’ve been treated like a fellow attorney. I’ve worked on real cases and made substantive contributions, not just “summer associate” projects that some of my friends at other firms have been occupied with. Comparing notes with friends interning in Chicago, Indianapolis and San Francisco, it’s clear that VanCott is a unique place and I made a great choice.” Alex Leeman J.D. Candidate, 2009

Lawyers, which features the top 5 percent of lawyers in Utah, Nevada, Montana, Idaho and Wyoming. The lawyers recognized in this year’s edition include Robert S. Campbell Jr. (Business Litigation, Antitrust Litigation, & Intellectual Property), Rand L. Cook (Real Estate), H. Michael Keller (Environmental), J. Robert Nelson (Bankruptcy & Creditor/Debtor Rights), David E. Sloan (Estate Planning & Probate), John A. Snow (Business & Construction Litigation), Gerald H. Suniville (Bankruptcy & Creditor/Debtor Rights), Loren E. Weiss (Criminal Defense: White Collar), and Gregory P. Williams (Real Estate). Lawyers included in the Mountain States Super Lawyers are selected through a rigorous evaluation, which includes peer recognition and professional achievement. For more information, visit www.superlawyers.com.

Indiana University School of Law-Bloomington

Weiss: One of the Top 100 Loren E. Weiss has been selected to become a member of the American Trial Lawyers Association, composed of the top 100 trial lawyers from each state. Membership is by invitation and is extended to no more than 100 Trial Lawyers in each state who exemplify superior qualifications, trial results, leadership, influence, reputation, stature and profile in the civil plaintiff or criminal defense trial lawyer community. Weiss is a shareholder in VanCott’s Litigation Practice Group. He focuses his practice in the area of criminal defense — emphasizing in white-collar criminal defense, corporate compliance and internal investigations, as well as complex civil litigation. Mr. Weiss has represented individuals and companies in many federal, state and internal investigations and prosecutions. He has more than 35 years of experience with investigation, litigation and regulation of matters involving complex securities fraud, environmental compliance and crimes, bank fraud, tax fraud, wire and mail fraud, health care fraud and antitrust. He received his J.D. from the University of San Diego in 1972 and an A.B. from the University of California Los Angeles in 1969. fall 2008

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Column

Ethics in Real Estate Buy-Sell Transactions

By Heidi K. Gordon

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Considering the unpredictability of today’s real estate market, sellers and buyers need to be especially careful to adhere to their ethical duties when entering into real property buy-sell transactions. Even in the wake of the sub-prime mortgage collapse, and in spite of the fact that many properties remain on the market for a prolonged period, home prices remain historically high. Buyers want to be sure they are getting what they pay for, and sellers want to avoid liability for not disclosing relevant information. Under the old English common-law tradition, the rule when buying used goods was caveat emptor, or “let the buyer beware.” Because the item was used, the buyer was considered to be on notice that it might have some defects. The seller had no duty whatsoever to disclose those defects to the buyer. Fortunately for buyers, things have changed. Now, a residential real property seller in Utah must make certain disclosures to the buyer. Specifically, the seller must inform the buyer of any defects known

to the seller that would be “material” to the buyer in making his or her decision to purchase the property, unless the defect could be discovered by the buyer through a reasonable inspection of the property. This does not mean a seller must disclose to the buyer every feature of the home. Specifically, because the seller is only required to disclose known defects, he or she does not have to inspect the home to discover hidden flaws. (However, a seller should not purposefully ignore telltale signs of problems, since courts may charge the seller with “constructive knowledge” of a problem that, although not technically known to the seller, should have been known.) Of the defects known to the seller, only those that are “material” must be divulged. A “material” defect has been defined as one that could be expected to influence the buyer either in making the decision to purchase, or in deciding on a purchase price. In addition, sellers do not need to disclose any obvious conditions, or ones that could be discovered by a reasonable inspection; if the buyer could discover the defect by exercising reasonable care, then the old common law rule — let the buyer beware — applies. However, the buyer’s duty to inspect the property does not mean that it must hire an untold number of experts to scour every inch of the home and grounds for hidden pitfalls. All that is required is a “reasonable” inspection. When a buyer discovers a potential problem with the property, either by reviewing the documents or during an inspection, it has a couple of options under the standard form real estate purchase contract. Typically, either the buyer can cancel the contract, and have its earnest money refunded, or the buyer and seller will continue to negotiate until they reach a mutually satisfactory agreement to repair the defects. When both parties are conscientious in fulfilling their duties, the buy-sell transaction can be very satisfying for both the buyer and the seller. v Heidi K. Gordon, an associate with the VanCott law firm, is a member of the firm’s Business Section.


Column

The Truth

The Whole Truth and Nothing but the Truth At a recent Rotary Club meeting, I struck up a

H. Michael Keller

conversation with fellow Rotarian Quinn McKay. Quinn is a business consultant and author of “The Bottom Line on Integrity,” a practical analysis of what integrity means and how we consider ourselves to be more honest in our business and personal lives than we really are. Quinn writes, “Integrity begins by being honest about dishonesty.” Noting I was a lawyer, Quinn asked, “If the traditional oath requires a witness to tell the truth, the whole truth and nothing but the truth, how can it be legal or ethical for lawyers to instruct witnesses to limit their answers as narrowly as possible and thereby restrict the witness from telling the whole truth?” “Good question,” I responded. “While our legal system requires witnesses to tell the whole truth, it also requires lawyers to illicit testimony of witnesses by asking properly framed questions and does not allow witnesses to testify in a narrative.” “That’s a pretty good answer,” he said, “but if the witness can be controlled by lawyers from narrating the whole truth, then why not delete ‘the whole truth’ from the oath?” Mulling Quinn’s question, I wondered whether a witness who fails to tell the “whole truth” under the broad language of the oath could be held guilty of perjury. The U.S. Supreme Court addressed this very question in the 1973 case of Bronston v. United States. A movie producer, Samuel Bronston, owned a production company that went bankrupt. Under

oath in the bankruptcy proceeding , Bronston had this exchange with a creditor’s lawyers about his company’s overseas assets: Q: Do you have any bank accounts in Swiss banks, Mr. Bronston? A: No, sir. Q: Have you ever? A: The company had an account there for about six months, in Zürich. Q: Have you any nominees who have bank accounts in Swiss banks? A: No, sir. Q: Have you ever? A: No, sir. While Bronston’s answers were technically truthful, his second answer (“…the company had an account…”) was not the whole truth. As later discovered, Bronston had personally maintained a Swiss bank account on which he made significant deposits and drew checks before his company filed bankruptcy in the United States. The creditors’ committee referred his testimony to federal prosecutors, who secured a conviction against Bronston under the federal perjury statute for knowingly testifying contrary to his oath. Bronston appealed, claiming the question asked was imprecise and his answer was technically true. The Circuit Court of Appeals upheld his conviction, but the U.S. Supreme Court reversed. Chief Justice Warren Burger explained that the perjury statute should not be invoked “simply because a wily witness succeeds in derailing the questioner – so long as the witness speaks the literal truth….any special problems arising from the literally true but unresponsive answer are to be remedied through the ‘questioner’s acuity,’ and not by a federal perjury prosecution.” Sometimes known as the “literal truth” rule, the Bronston holding remains controversial but is ultimately another example of the balance our legal system seeks to strike between the quest for truth and the protection of individual rights. Any witness planning on giving an Oscar-winning performance as an artful dodger should take little comfort from the “literal truth” rule. As Bronston learned, indictment, trial, and conviction for perjury followed by lengthy appeals is not a pleasant path to take for not telling the whole truth. v H. Michael Keller is Chair of VanCott’s Natural Resources, Energy and Environmental Law Practice Group.

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Cover Story

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Cover Story

Moral Psychology of Law It’s a predictable scene on late-night courtroom dramas: a passionate lawyer crusades for human rights by defending the dignity of the wrongly accused. Down the hall, a less glamorous rent dispute between a landlord and a tenant unfolds. It will never make prime-time TV or front-page headlines, but the everyday case is where the legal quest for human dignity really takes place, says David J. Luban, author of “Legal Ethics and Human Dignity.” fall 2008

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Cover Story

“Every time a lawyer helps a few people who want to do something like form a small business to do so — writing agreements that facilitate their business and create a framework for settling future disputes — that lawyer has validated the rule of law and made it possible for people to lead productive lives,” Luban says. “That enhances human dignity.” Luban, a professor at Georgetown University’s law school and leading scholar on legal ethics, published the collection of his most significant essays on moral psychology and the law in his 2007 book. The piece takes a deep look at lawyers’ role in enhancing human dignity, while also analyzing some of the legal system’s roadblocks to achieving that role.

“To me, human dignity is shorthand for a set of behaviors in which one person treats another as an equal, and not a lesser being or a thing.” It’s a tricky and intangible topic, and one that has been thrust once again into the national dialogue with the “torture memos” produced by Bush administration lawyers to legitimize treatment of detainees. The case highlights how the law can be used to assault human dignity, Luban says. Fortunately, such cases are rare. But Luban hopes it underscores the need for lawyers to uphold the values of human dignity.

Humdrum Casework Luban defines human dignity as non-humiliation. “To me, human dignity is shorthand for a set of behaviors in which one person treats another as an equal, and not a lesser being or a thing.” Day-to-day, lackluster legal procedures and cases lie at the heart of enhancing such dignity, he says. The

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rule of law, the right to counsel and confidentiality all promote the dignity of the individual. Such cases also lay a solid legal groundwork so that high-profile human rights cases can occur. “In an important sense, the pervasive, inconspicuous work of ordinary lawyers on humdrum cases makes the heroic work possible. It creates the baseline of regularity that allows us to see outrages for what they are,” Luban writes in the introduction to “Legal Ethics & Human Dignity.” John A. Snow, a litigation lawyer at VanCott, agrees that most of the work for lawyers is done in small, seemingly insignificant cases. But those cases have a direct impact on individuals, many of whom may not have otherwise received help. “The motivator is you’ve been given an ethical obligation that you’ll do it correctly whether it’s big or small,” Snow says. “A moral or ethical person is going to be ethical in all the things they do. Human dignity is an aspect of ethics and civility that permeates everything you do.”

Ethical Considerations Snow adds, however, that while lawyers should have their own moral compass, there is also a concrete set of ethics to guide the profession. Without it, the law can be easily twisted to hurt, rather than help, humanity. Utah’s Standards of Professionalism and Civility, for example, demand lawyers avoid “hostile, demeaning, or humiliating words” or any communication that could “disparage the integrity, intelligence, morals, ethics, or personal behavior of an adversary” unless directly relevant. The Rules of Professional Conduct from the American Bar Association likewise provide a series of ethical and professional standards. Snow teaches such codes at ethics classes for Salt Lake area lawyers, but says the required three hours of ethics training every two years is simply not enough. It’s important for lawyers to refresh their understanding about things like confidentiality. Many lawyers, for example, don’t grasp the full obligation behind confidentiality, Snow adds. The code states that “a lawyer shall not reveal information related to the representation of a client unless the client consents.”


Cover Story

That means lawyers shouldn’t discuss cases at the dinner table, or even commenting on a newspaper article about a client they represent, Snow says. Confidentiality is a cornerstone to the clientattorney relationship, and is particularly important to maintaining human dignity by not divulging embarrassing details that could expose a client to ridicule or disgrace, Snow adds. Luban, too, writes, “The ethical character of the legal profession – the commitment of lawyers to the rule of law and the human dignity it helps secure – will determine whether the rule of law is anything more than a slogan.”

Helping Humanity Luban is quick to add that his book is not meant simply as a critique of amoral actions by some lawyers. Rather, it is a “reminder and a celebration of the valuable service the legal profession performs.” Whether it’s a corporate lawyer in a New York City sky-rise or a rural lawyer in a one-man office, Luban says the work is equally important in enhancing human dignity. So, too, is a lawyer’s duty to help on a more face-toface level with pro-bono work and community service, Snow adds. While the Utah Bar Association does not require pro-bono services, Snow says a number of lawyers at VanCott work with legal aid groups for the less fortunate and other community organizations. “Lawyers give a lot of time to helping those people who have fallen below what would be considered a dignified standard,” he says. That’s easy to forget, Luban says, thanks to the poor portrayal of lawyers on TV melodramas. Lawyers are cast into an unflattering light of exploiting and degrading people rather than lifting up humanity. A clientele that can sometimes include “ugly and contentious” disputes also adds to the negative image much of society has for the legal profession. “The kind of work lawyers do to enhance human dignity is so often invisible – it consists mostly of maintaining the rule of law in uncontroversial transactional work,” Luban says. That won’t make the evening news, but Luban says lawyers can’t afford to overlook their moral obligation to raise up humanity and promote human dignity. v

Q&A with David Luban David J. Luban is one of the world’s leading scholars on legal ethics, and a professor of law at Georgetown University. His 2007 book, “Legal Ethics and Human Dignity” takes a sharp look at the ways lawyers can promote human dignity. Q: What was the catalyst for “Legal Ethics & Human Dignity”? A: The catalyst was simply that I have a couple of decades’ worth of legal ethics writing that explores similar themes from different angles, and I wanted to collect a representative sampling of the best of it in one place, where the thematic similarities would be clear. Q. Can you describe process of producing the book? A: My topics have always ranged around the same set of issues: How do people, who are individuals, recognize and exercise their moral responsibility when they work in institutional or organizational settings? Teaching international human rights, which strongly emphasizes human dignity, made me see that a lot of my earlier themes could be understood under the rubric of “lawyers enhancing human dignity” or “lawyers assaulting human dignity.” Q: What influences your theories in the book? A: The ‘50s and ‘60s theorist Lon Fuller (a Harvard professor), who wrote perceptively on the many ways in which lawyers act as “architects of social structure” and thereby enhance human dignity. So the book is not just a critique of amoral actions lawyers sometimes rationalize; it is also a reminder and a celebration of the valuable service the legal profession performs. Q: What does your chapter on the “Torture Lawyers of Washington” teach about human dignity? A: I don’t consider this simply a weird, anomalous situation. Business lawyers who kosher their clients’ questionable deals do the same thing. The memos show that a lawyer’s confidential advice to a client about the law can have tremendous consequences. It can actually determine the law for all practical purposes. In this case, lawyers distorted the law (which protects human dignity) in order to enable brutal actions by their clients; and in my view they betrayed their profession by doing so.

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Client Profile

Idea Man

David Purinton, a VanCott client, is owner of four companies, employs more than 50 people, and stays up late at night just thinking of ideas. “I don’t think of myself as an entrepreneur,” says

David Purinton, owner of four businesses and employer of more than 50 people. “I say that because I didn’t start my businesses to make money. I started them because I had ideas about how to do things better using unique management concepts and I wanted to have a place to experiment with those ideas.” Purinton’s flagship company is PurCo Fleet Services, based in Spanish Fork, Utah, where he lives and works with his wife and four children. It is the nation’s largest independent risk management and damage recovery firm for car rental companies. He also owns Subrogation Division Inc., which provides PurCo-like services to insurance companies, Segway of Utah, and a Hawaiian Style Shave Ice franchise.

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These companies have given Purinton a real-world laboratory to test his ideas – which is exactly what he’s done … one after another. For example, after a few months of training, any PurCo employee can give away any amount of the company’s profits on any deal without management approval. “I believe that if I give my employees the right training, show them a global vision of what I’m trying to accomplish, trust them, and treat them like they’re me, they will make the right decisions” Purinton says. “David has total command of every situation,” says Stephen Christiansen, Purinton’s lead attorney at VanCott. “His mind is always working. Sometimes he’ll send me e-mails with new ideas. The e-mails get sent at times like 11:58 p.m. or 3:40 a.m. Ideas come to him, and he immediately acts on them.” The ideas that come to Purinton seem to be working, no matter when they hit him. His businesses are turning $20 million to $30 million gross volume each year, and they are growing. Subrogation Division alone has doubled in size in just the past few years. For Purinton, growth is not the goal in itself, however. He has turned down opportunities that could have doubled his business volume overnight. The reason? They were “too fickle.” He shies away from anything that would place the long-term security of his businesses and his smooth-running operations at risk. He feels he owes that to his employees and the clients he serves. “The relationship we have with our clients is one of a partner,” Purinton says, “and we still have clients that we’ve had from the beginning – for 15 years in PurCo’s case. Believe it or not, PurCo has never had a price increase. Why? Because we’ve increased our productivity and efficiency.” Christiansen adds, “David is an excellent manager. He is able to manage difficult situations – even crises – effectively, with an ease that makes lawyers jealous. That’s why he’s been so successful at everything he has tried in business. Some might say he has the Midas touch. I would say he has managed his way to success.” v


Client Profile

Injecting Passion Into Medicine

In early 2008, Pinyons won a prestigious Medical Device Design Excellence Award for the PowrSyringe Injector, which provides an ergonomic advantage for hand-held injections. Last year, Pinyons received U.S. Food and Drug Administration clearance to market the PowrSyringe Monitor for use in discography procedures. Discography is a diagnostic tool to physiologically determine if a diseased, herniated, or abnormal vertebral disc in the spine is causing discogenic back pain prior to treatment. “After starting Pinyons in 2006, I recognized that the most important thing for our business is to be true to patient care and safety, and conscientious to the fact that these devices will be used all over the world. A lot of companies lose their way and forget about patient conscientiousness,” Fojtik says. “We need to consider how a doctor in Venezuela will use a device as opposed to how a doctor in Japan and Lithuania would use it. Doctor’s have different practice methods.”

Selling the Company

Harvard grad and CEO Shawn Fojtik is a busy man. Fojtik is CEO and founder of Park City, Utahbased Pinyons Medical Technology Inc., a medical device company that was recently sold to Covidien, which is one of the world’s largest drug manufacturers. Fojtik founded Pinyons in 2006 after working with the likes of Black & Decker Corp., Boston Scientific and General Electric Medical Systems. He has more than 15 years of sales, marketing, management and medical device development experience, and holds two U.S. and international patent applications in his name. Pinyons designs, develops and manufactures medical devices to help physicians, nurses and technologists improve procedural efficacy and patient care. The products help clinicians inject and aspirate fluids, monitor pressure of fluids, inflate balloons, perform discography and perform other medical procedures.

“We chose to sell Pinyons because we’re a relatively small medical device company up against a $10 billion medical company,” Fojtik says. “Since the spring, I’ve been assisting our buyer with the integration of Pinyons devices and products.”

How VanCott Helped “Michael and Karen O’Brien at VanCott helped us sell Pinyons in May. Michael was our primary legal representative for us against one of the largest medical device companies in the U.S. We needed legal representation that had the gravitas and intellectual horsepower of a large firm, but the responsiveness and attention to detail from a smaller, intimate firm — both things that VanCott provided. I wanted to be able to run my business while going through buyer-seller negotiations. From the beginning, Michael and Karen O’Brien were bailing the water out for us, allowing me to do my work and not feel like I had to be involved in every minute detail.” v fall 2008

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This Lawyer’s Life

J. Scott Buehler

J. Scott Buehler is a man of roots. Born and raised in Ogden, Utah, Scott attended Ogden High School and worked in his father’s men’s clothing store. But after graduation, his educational and professional pursuits took him on an odyssey away from his roots. First, he moved to Salt Lake City to earn a political science degree from the University of Utah, where he was active in campus politics. Next stop: the University of Colorado in Boulder. There, he attended graduate school in political science, but left before graduating to attend the University of the Pacific McGeorge School of Law in Sacramento, Calif. While earning his J.D. degree, Scott served as an aide to California Sen. Peter Behr during the transition between the Reagan and Jerry Brown administrations. He worked for a small law firm in the San Francisco Bay Area for a short time after graduating, but his roots were calling him. Soon, he and his wife decided to move their young family back to Ogden. “Home” again, Scott continued his law career as a sole practitioner. He began as a generalist, but was increasingly drawn to the specialty of real estate and construction law, which has kept him busy for the past two decades. Seven years ago he joined VanCott and today is a member of the firm’s Business and Litigation Sections in its Ogden office in the new Junction Office Building. Scott enjoys working with people. “The successful practice of law requires social skills as well as intellectual skills,” he says. “It’s rewarding to be trusted and to build relationships based on mutual respect. The opportunity to work with people and make a commitment to clients is primarily what I enjoy about the practice.” Outside the office, Scott enjoys spending time with his wife, three children, two grandchildren and friends. “We do a lot of traveling, including visits to our cabin in Hebgen Lake, Montana,” he explains. “We ski at Snowbasin and hike in the mountains above Ogden. I took up running a few years ago, but never entered a race until my daughter persuaded me to run a 5K with her earlier this year and then a half-marathon in May.” All his activities are not strictly athletic, however. A budding wine collector, Scott is slowly working on building a wine cellar. He has never left his earlier roots in political science, maintaining a close watch on local and national trends and personalities. He has been involved in working on finance committees for candidates for the United States Congress and local offices. Scott loves Ogden, where he replanted his roots years ago. “I’m very committed to this community,” he states, “and along with the other attorneys in this office, I’m very bullish about what’s going on here. Thanks to strong local leadership and a cadre of bright, young entrepreneurs and outdoor activists who love their city, Ogden is having a renaissance as a wonderful place to live and work.” v

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lity. To protect and enhance this reputation, o ensure that its visual expressions adhere

ts as a promise of quality, and is, therefore, ss or improper use. Even minor infractions kening the identity.

n and maintenance of the Lex Mundi identity. external visual communications. Consistent er efficiency and improved organization of

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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 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 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 M. 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) 237-0456 (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) 237-0350 (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

Because It Matters www.vancott.com


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Law O f f i ce s SALT LAKE CITY 801.532.3333

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MATTERS

OGDEN 801.394.5783 PARK CITY 435.649.3889 LAS VEGAS 702.477.0204 www. v a n c o t t .c o m

Clients contact us for a variety of reasons. Our goal is to help our clients achieve their objective, 128711_ad.indd 1

36 S. State St., Suite 1900 Salt Lake City, Utah 84111

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“it” is. 10/10/08 5:20:15 PM


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