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Diane H. Banks

Attorney / Of Counsel
Salt Lake City
Licensure: UT

Biography

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Diane H. Banks has over 35 years of experience as a real estate attorney focusing on real estate transactions and development.

Her clients rely on her for legal work relating to acquisitions, sales, financing, working with agencies and leasing. She negotiates on behalf of clients while handling all documentation from letter of intent through closing in many types of sophisticated real estate deal structures.

For example, Diane often represents the buyer of a property together with financing (sometimes including bond financing or tax credits), managing documentation and negotiation with and between the lender, mezzanine lender and public financing counsel.  There are often issues relating to development agreements, annexation, condominiums, subdivision or assemblages and sometimes unique issues such as air rights or various types of easements.

Diane also assists lenders in commercial loan workouts and is recognized as a skilled mediator and arbitrator.

Diane graduated from the University of Utah Law School where she was a William H. Leary Scholar, was on law review and won best oral argument in Moot Court Competition.  Diane is admitted to Utah’s state and federal courts.

Professional History

Business Excellence Award, Utah CCIM 2013 Real Estate Attorney of the Year Attorney and Shareholder, Fabian VanCott

Past Director, Fabian VanCott Board of Directors

Founder and Member, Fabian VanCott Women Lawyers Group Founder and Past Chair, Fabian VanCott Real Estate Group

Rated AV by Martindale Hubbell

Past Board Member, Utah Dispute Resolution

CREWUtah(CommercialRealEstateWomenofUtah)ExecutiveCommittee Member,

American Bar Association

Member, Salt Lake County Bar Association

Member, Women Lawyers of Utah

Past Chairman, Member and Loan Committee Member, Redevelopment Advisory Committee for Redevelopment Agency of Salt Lake City

Past Chairman, Continuing Member, Real Estate Section of Utah State Bar Association

Past Executive Committee, Continuing Member, Alternative Dispute Resolution Section of Utah State Bar Association

Adjunct Professor, 2000-2004, S.J. Quinney College of Law at the University of Utah, Teaching Real Estate Document Drafting

Past Member, S.J. Quinney College of Law Board of Trustees

Admitted to Utah State Bar and U.S. District Court, District of Utah, 1987; U.S. Court of Appeals, Tenth Circuit, 1994

Education

J.D., University of Utah Law School, 1986; Utah Law Review; Moot Court Competition: Best Oral Argument Award; Moot Court Board; William H. Leary Scholar

Graduate Studies, University of Arizona

Honors B.A., University of Utah, 1972; Magna Cum Laude; Phi Kappa Phi

Community Service

Redevelopment Advisory Committee for ten years

Member, Special Exhibitions Council for Utah Museum of Fine Arts

Past Member, Board of Trustees for the Society for Environmental Education Founder, Utah high school mock trial team for Judge Memorial High School

Coach, Utah high school mock trial competition for nine years; including coaching the winning team in state competition for three years

Participant, Utah Law Related Education Mentor Program for Judge Memorial High School Participant, Utah Law Related Education Mentor Program for Highland High School Participant, Fabian & Clendenin service projects

Volunteer, Ronald McDonald House

Publications & Presentations

Speaker, “Closing the Deal,” sponsored by the National Business Institute

Speaker, “Ten Steps to a Successful Arbitration,” sponsored by the American Arbitration Association Speaker, “60 Tips in 60 Minutes,” sponsored by the Utah State Bar Association, Fall Forum

Speaker, “Hot Tips for a Successful Mediation or Negotiation,” sponsored by the Alternative Dispute Resolution Section of the Utah State Bar Association

Speaker, “Minding and Binding Corporate Clients,” sponsored by the Corporate Section of the Utah State Bar Association, Annual Meeting

Speaker, Utah State Bar Association Real Property Section, Panel Discussion

Speaker, “Opening Statements,” sponsored by the Alternative Dispute Resolution Section of the Utah State Bar Association, ADR Academy

Speaker, sponsored by the Utah State Bar Association Real Property Section, Mid-Year Meeting Speaker, “Choosing the Right Business Entity,” Zions Women’s Conference

Speaker, 19th Annual Women & Business Conference, Salt Lake Chamber of Commerce Presenter, Litigation Section of Utah State Bar Association, Fall Forum

Panel Discussion, “Effective ADR,” sponsored by the Alternative Dispute Resolution Section of the Utah State Bar Association, Annual Meeting

Moderator, “Effective Preparation and Advocacy in ADR,” sponsored by the Alternative Dispute Resolution Section of the Utah State Bar Association, Annual Meeting

ADR for the Real Property Attorney, Utah State Bar Association Real Property Section Author, “Paths to Mediation, with Sample Clauses,” Utah Bar Journal, December 2001 Author, “Negotiating & Understanding Commercial Leases”

Author, Section 365 of the Bankruptcy Code: “Out of Balance After 1984?” 1986 UTAH LAW REVIEW 781

Recognition and Awards

Recognized by Utah Business magazine as Legal Elite in the field of Real Estate Law Recognized as an Outstanding Real Estate Lawyer by Chambers USA Recognized by Best Lawyers as outstanding in the field of Real Estate Law

Recognized in Super Lawyers as among the top 40 women lawyers in the states of Utah, Nevada, Montana, Idaho and Wyoming

Award, Young Alumnus of the Year presented by the Alumni Board of the S.J. Quinney College of Law