Mr. Durham began practicing law in 1980 and founded Durham Jones & Pinegar (D|J|P) in 1991. He has helped grow the firm from two lawyers in 1991 to more than 80 lawyers today. Mr. Durham is recognized nationally as a leading attorney in the areas of real estate law, corporate law and litigation. Mr. Durham is rated “AV Preeminent” by Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. 

In real estate matters, Mr. Durham counsels clients regarding complex development projects, hotel and resort properties, office buildings, retail properties, residential properties, multi-use projects, industrial parks, apartment buildings, condominiums, and raw land. He advises clients with respect to purchases and sales of real property, leasing, joint venture agreements, development agreements, land-use matters, construction activities, real estate-based financing, condemnations, easements and other property interests. He recently handled all the real estate work associated with the purchase of over 30 grocery stores in a single transaction. 

Regarding corporate law matters, Mr. Durham represents companies in mergers, acquisitions, spin-offs, and joint ventures. He has substantial experience regarding the Hart-Scott-Rodino Antitrust Improvements Act of 1976. He advises companies on corporate and limited liability laws. He drafts and reviews legal opinion letters and is the chair of the firm’s Opinion Letter Review Committee. He has handled stock and asset transactions involving the purchase or sale of construction companies, chemical companies, a resort hotel, car dealerships, etc. 

Mr. Durham advises and represents clients in civil litigation involving real estate and commercial matters. He has experience trying cases before both the court and juries. He has handled appeals to state and federal appellate courts in Utah, Idaho and the 10th Circuit Court of Appeals. He is admitted to practice law in all state and federal courts of Utah and Idaho, in the 10th Circuit Court of Appeals and in the U.S. Supreme Court. Mr. Durham recently defended a claim in a multi-week trial involving tens of millions of dollars, with no damages assessed against his client. 

Mr. Durham received the Professionalism Award from the Utah State Bar in November, 2012. Mr. Durham is listed in Best Lawyers in America (in the areas of real estate, corporate law, and litigation). He has been named one of the Top 100 Lawyers in the Mountain States by Super Lawyers Magazine. He was featured in Forbes Magazine (June, 2004), and was named one of Utah’s “Legal Elite” by Utah Business Magazine. 

Mr. Durham served as President, CEO, and Chairman of D|J|P’s Board of Directors for 16 years from 1991 to 2007. Currently, he is a director and General Counsel to the firm. As D|J|P’s General Counsel, Mr. Durham provides legal advice to D|J|P management and attorneys, and coordinates the firm’s legal affairs. He also chairs D|J|P’s Ethics Committee, and addresses issues involving the rules of professional ethics.

Education

University of Utah, S. J. Quinney College of Law - J.D. (1980)

  • Managing Editor, Utah Law Review
  • Member, Moot Court Board

University of Utah - B.A., English, magna cum laude (1977)

Admitted to Practice

  • All State and Federal Courts in Utah and Idaho
  • Idaho
  • United States Court of Appeals for the Tenth Circuit
  • United States Supreme Court

Prior Professional Experience

  • Law Clerk, Honorable Aldon J. Anderson, Chief Judge U.S. District Court for the District of Utah (1980-1981)

Professional and Civic Activities

  • Received the Professionalism Award from the Utah State Bar (2012)
  • Named one of the Top 100 Lawyers in the Mountain States by the 2012 Super Lawyers Magazine 
  • Listed in Best Lawyers in America® (for Corporate Law, Litigation, and Real Estate Law), Mountain State Super Lawyers, and Utah’s “Legal Elite” (Utah Business Magazine)
  • Member, World Services Group (International network of top law firms in 115 countries)
  • Member, Real Estate and Business Law Sections, Utah State Bar
  • Adjunct Professor, J. Reuben Clark Law School, Brigham Young University, Law Practice Management course (2008-2011)
  • Board of Trustees, S. J. Quinney College of Law, University of Utah (2002-present); President (2007-2009); Vice President (2005-2006); President-elect (2006-2007);
  • Counsel to, and member of, the Executive Committee of the 2014 Zoo, Arts and Parks (ZAP) Renewal Committee (2012-2014)
  • Pioneer Theatre Company, Chair of Board of Trustees, (2010-present); Vice Chair (2009-2010); Development Chair (2008-2009); Member, Executive Committee (2008-present); Member, Artist Housing Governing Board (2008-present); Member, Budget Committee (2004-2008); Member, Board of Trustees (2003-present)
  • Member, Congress of Fellows, Center for International Legal Studies, Salzburg, Austria (2004-2011)
  • Chair, Salt Lake City Managing Attorneys Association (2005-2006)
  • Featured in Forbes magazine (June 2004)
  • "Leading Attorney - Business Law," KSL-TV Legal Resource Center (2003)
  • Member, Rotary, Salt Lake Club (2002-present)
  • Disciplinary Panel Judge, Utah State Bar (1989-1991)
  • Member, Utah Bar Governance Committee (1988-1990)
  • President, Young Lawyers Section, Utah State Bar (1986-1987) (at that time, comprising 50% of the bar membership)
  • Recipient, Award of Achievement, ABA Young Lawyers Division for Outstanding Activities (1986-1987)
  • Ex Officio Member, Utah State Bar Commission (1986-1987)
  • Barrister, American Inns of Court II, VII (1981-1985)

Presentations

  • Lecturer on real estate, corporate and law firm management topics

Representative Cases/Deals

  • Morgan v. Quailbrook Condominium Co., 704 P.2d 573 (Utah 1985) (nuisance claim arising from real estate development)
  • Salt Lake City v. Cahoon and Maxfield Irrigation Co., 879 P.2d 248 (Utah 1994) (stock in a mutual irrigation company as real property)
  • Jane L. et al., v. Norman H. Bangerter as Governor of the State of Utah, 828 F. Supp. 1544 (D. Utah 1993); 61 F.3d 1505 (10th Cir. 1995) (defense of governor regarding Utah abortion statute)
  • Republic Group, Inc. v. Won-Door Corp., 883 P.2d 285 (Utah App. 1995) (contract claim for broker's fee in private placement of corporate stock)
  • C & Y Corp. v. General Biometrics, Inc., 896 P.2d 47 (Utah App. 1995) (contract formation; breach of fiduciary duty)
  • In Re General Determination of Rights to Use All Water Within Drainage Area of Utah Lake and Jordan River in Utah, Salt Lake, Davis, Wasatch, San Pete and Juab Counties in Utah, 982 P.2d 65 (Utah 1999) (general water rights determination)
  • Save Our Schools, et al., v. Board of Education of Salt Lake City, 122 P.3d 611 (Utah 2005) (school closure)