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5 Alaska B. Rag 1 (1982)

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Volume 5, Numbers 1 & 2                             C1 tgsttos ,,.sasICDgat su           January, February Edition       $1.00
I                                            P..pt

ABA Journal
Poll Shows Few
Lawyers
Advertise
A LawPoll survey published in the
current edition of the American Bar
Association Journal shows only
marginal increases in the level of
advertising by lawyers.
The survey    follows-up  two
previous advertising inquiries con-
duited by Kane, Parson & Associates
for the LawPoll column of the Journal
in 1978 and 1979. In 1981, only 10 per
cent of the 600 American Bar Associa-
tion members and law students in the
random sample had availed themselves
of the opportunity to advertise since a
Supreme Court ruling in 1978 recogniz-
ed their sight to do so. That represents
only a three per cent increase since
1979, when seven per cent of lawyers
had advertised. In 1978, only three per
cent of lawyers had advertised
Far more so than in 1979, the
likelihood of advertising is most strong
among lawyers in lower-income
brackets, noted researchers.
Although the increase in lawyers
who have advertised is described as
only marginal, the survey reports that
the proportion of lawyers who ab-
solutely will not advertise has surged
more dramatically, In 1979, only 49
per cent of lawyers polled vowed they
would not advertise, but in 1951 the
figure had risen to 67 per cent, '
Direct solicitation of prospective
clients for their legal businessstill is op-
posed by most lawyers, although there
has been an increase in the number
favoring that practice, reports the
survey. In 1981, 61 per cent of lawyers
opposed solicitation, a drop of only
one per cent since 1979 and 10 per cent
since 1978. But 34 per cent now say
they favor solicitation, compared with
24 per cent in 1979 and 23 percent in
1978.
Again, solicitation is more likely
to be favored by lawyers with relative-
ly low incomes, reported the survey,
Also, lawyers in the Northeast region
of the nation are more likely to favor
it.
Other LawPoll findings:
* A majority indicated that in
their judgment advertising has had no
effect on the costs of legal services-
*  Most lawyers suggest that
advertising has given the public a
misleading impression of routine legal
costs or that there has been no change
in public perceptions.
*  Few   respondents feel that
advertising has made major changes in
the number of people using lawyers,
while 47 percent feels there has been no
change at all.

Ralph Moody and J Gerald Williams conter at Christmas Be Party.
(Se pholo ssy pp. '2 and i,7

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Chief Justice
Names New
Presiding
Judges
Alaska Supreme Court Chief
Justice Edmond W, Burke has named
three new presiding judges' in the
Alaska Court System. Chief Justice
Burke has selected superior court Judge
Thomas Schulz as the presiding judge
in the first judicial district, superior
court Judge Mark Rowland as the
presiding judge in the third judicial
district and superior court Judge
Gerald Van Homlssen as the presiding
fudge in the fourth ludicial district,
Superior court Judge Charles Tunley
was reappointed tA serve as the presid-
ing judge for the second judicial district,

LI  fl    1             j          These appointments take effect
Last       Whole Earth Preta                         Order            January 1, 1982. It should be noted
that~ qisef, Justiqeifiurke nare.~a'
by J. B. Doll                 Below are just a few highlights  Schulz to serve as presiding 16de f.,
from the new Order:                 the first judicial district in  mid-
Over the last year or so, attorneys                                 Noember. In doing so Chief Justice -
the Third Judicial District in An-         jury Instructions         Burke was honoring a request by relir-
orage have seen an evolution in the   At least 15 days prior to trial, ing Judge Thomas Stewart to appoint a
iperior Court's pretrial order - at  plaintiff shall file with defendant his  presiding judge for the first judicial
st a mere one-page outline, then to a  proposed jury instructions,    district prior to the beginning of the
ur-page schematic, and finally to a   Ten days after plaintiff has filed  year. Judge Stewart, the former
-page brochure. Now. thanks to the  his instructions, defendant shall serve  presiding judge for the first district, has
ork to a select team of Drafters, and  his on plaintiff, along with any corn-  assumed his new duties as rules revisor
the urging ol the vast majority of the  meets or suggestions for improvement.  for the Alaska Court System. Judge
at, a 75-page pretrial order isabout to  At least five days beftre the  Rowland will take over for Presiding
adopted by the court system.      abovementioned 15 days. the atter-  Judge Ralph Moody in the third
The 15-page order, although a   neys shall meet together and show each  judicial district, while Judge VAN
uch-welcomed improvement over the  other their proposed instructions and  Hoomissen  will succeed Presiding
st, was still found to he woefully in-  see if they can work things out without  Judge James Blair in the fourth district.
equate in addressing a number of  a lot of chin music.                    According to te Alaska Rules of
'ocedural sags that inevitably occur   Seven days before this five-day  Court a presiding judge serves for a
'lot to trial. Here are a few of the  meeting the attorneys will call each  term of one year and is eligible to suc-
any questions that are now authori-  other up and have a 'rap' session about ceed himself. In addition to his regular
lively answered by newest pretrial ihe general principles of law involved, judicial duties, a residing judge super-
rder.                                  Three days before the seventh-day  vises the assignment of cases pending
1. Suppose a witness list is due ona  atp session, each attorney will medi- in that judicial district, and appoints
day when the messenger service is tate alone with a copy of Holmes  magistrates located within his judicial
on strike, may an attorney have a  Common Law' and contemplate what  district. The presiding judge also super-
one-day extension of time pro-  he is about to do.                 vises the administrative actions of
vided he files an affidavit stating      Pretrial Motions         judges and court personnel in his
that he has pro-union sympathies?                                  district and reviews and recommends
Dispositive motions shall be filed  budgets necessary to ensuse sound
2. Suppose that an attorney's trial and scheduled for oral argument not  court operations. The presiding judge
brief, is on memory discs, and his later than                   '  basically se-'-s as the head of the
secretary has a psychotic episode  Frivolous motions shall be filed not  district's trial 'courts, serving as a
wherein she uses them to make                 Econtlnuedon page2]  spokesman for general issues facing
taco sandwiches. May the ater-                                    those courts.
ney waive filing a trial brief, pro-                                   The first judicial district includes
vided that he calls up opposing            INSIDE                  Juneau, Ketchikan, Sitka, Wrangell,
counsel and gives him the 'gist' of                                Skagway, Haines, Petersburg and
his argument?                    Vainglory .............. 5        other areas 'of Southeast Alaska, The
3. When can pica or elite type be  Covetousness ..........           second judicial district includes Nouie,
used? What about the 'white-out'                                   Kotzebue and other communities in
situation?                       Lust .................. 5        Western Alaska. The third judicial
district includes Anchorage, Kenai,
In order to preclude the possibility  Envy  .............    5      Kodiak, Seward, Palmer, Valdea, Cur-
f any doubt arising under the new   Gluttony ............... .5        doa, Unalaska and other areas of
rder, the Drafters have also prepared                                  Sduthcentral Alaska. The fpurth
3-volume, 2,700-page Commentary     Anger ................. 5         judicial district includes Fairbanks,
n the Pretrial order. Moreover, plans                                  Bethel, Barrow, Delta Junction,
re underway for Pretrial Order Week-  Sloth .................. ...Nenana, Tok and various communities
and a Digest of Opinions.                                             in Northern and interior Alaska.

B

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