Attorney Disciplinary Actions in Bland County, Virginia. Mr. Collins filed a “late” Answer to the Complaint even though he had not applied for pro hac vice status in Virginia. On March 8, 2010, a default judgment was entered against the Hamby defendants for $163,388.33, plus interest and attorney’s fees of $40,847.08. The Hamby defendants learned of the Virginia judgment when a local sheriff’s deputy appeared at the clinic and informed the Hambys that the clinic would be subject to an upcoming sale. To prevent the sale, the Hamby defendants filed for Chapter 11 Bankruptcy protection on November 15, 2010. The Hamby defendants were involved in a separate case in Crawford County Circuit Court concerning a materialman’s lien. Mr. Collins filed an answer for the Hambys and was served with Interrogatories, Requests for Production, and Requests for Admissions. A Motion to Compel was filed by opposing counsel. On April 12, 2010, the Court directed the Hamby defendants to respond to the Interrogatories and Production of Documents within 15 days of the Order. Mr. Collins filed a response on May 25, 2010. The Requests served on the Hambys were deemed as admitted against them when no timely response was filed. A Motion for Partial Summary Judgment was filed, but
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no response was filed by Mr. Collins within the time allowed. The trial court issued a letter opinion stating that the Hambys had admitted that there was an outstanding balance owed to the Plaintiff. After employing new counsel, a hearing was held and the trial court entered a judgment here against the Hambys for $30,947.25. GARLAND WATLINGTON, Bar No. 95223, of Jonesboro, Arkansas, was Reprimanded by Committee Consent Findings and Order filed September 21, 2012, on a Complaint filed by Tracy Schmiett, in No. CPC 2009-142, for violations of Rules 1.15(a) and 1.15(b)(1). Mr. Watlington was ordered to pay a $1,000 fine and the order for monthly trust account audits imposed in a previous disciplinary matter was extended for six more months. After settlement of Schmiett’s personal injury claim, Mr. Watlington deposited the funds into his trust account but failed to maintain the funds of Ms. Schmiett or her medical providers in the trust account. He often had a negative balance in his trust account after the funds were received and deposited. After contact by the Office of Professional Conduct, Mr. Watlington interpled the funds into the registry of the
Baxter County Circuit Court on behalf of Ms. Schmiett or her medical providers, but used someone else’s funds to do so because her funds had long since left his trust account. CAUTION: RICKEY H. HICKS, Bar No. 89235, of Little Rock, Arkansas, in No. CPC 2012-038 was Cautioned by Panel A of the Committee on Professional Conduct on September 18, 2012, for violation of Arkansas Rules 1.3 and 8.4(d), on a referral from the Arkansas Supreme Court. Mr. Hicks represented Steven J. Russell, who was convicted in Pulaski County Circuit Court of Capital Murder and sentenced to life without parole in the Arkansas Department of Correction on February 3, 2012. The record on appeal was not filed with the Arkansas Supreme Court Clerk within the time required by court rule. Mr. Hicks filed a motion for extension of time but no order granting the extension was filed prior to the expiration of the time allowed by Rule. Mr. Hicks and co-counsel filed a Motion for Rule on the Clerk, with Hicks accepting responsibility for the late filing, and the Court granted the motion, allowing the appeal to be filed. n