Attorney Disciplinary Actions an Affidavit he submitted on behalf of Mr. Zuniga-Garcia. GEAN, ROY R, JR., Bar #47007, of Fort Smith, in Committee Case No. CPC 2010082, on April 25, 2011, after a hearing, was cautioned for violation of Arkansas Rule 1.4(a)(3) on a complaint by David and Stephanie Porter. Mr. Gean represented the Porters in a motor vehicle accident in December 2004 involving Mr. Porter, Amanda Gregory, and Billy Maxey. Ms. Porter believed that her husband’s headaches and series of strokes were related to the motor vehicle accident. During the period of Mr. Porter’s medical treatment, Shelter Insurance filed suit against Mr. Porter and Mr. Maxey. Mr. Gean represented the Porters in that matter. In December 2007, Mr. Gean filed suit on behalf of the Porters against Mr. Maxey, and Maxey was served. In July 2008, the Court sent a letter to Mr. Gean stating that Mr. Maxey had been served, that no answer had been filed, and Mr. Gean should submit a proper court order within ten days from the date of the letter, or the court would
assume there was no objection to entry of an Order of Dismissal. No response to the letter was filed by Mr. Gean. Mr. Gean stated that he believed the service on Mr. Maxey was not good. Mr. Gean stated that he told Ms. Porter that he needed a medical opinion which would show Mr. Porter’s headaches and stroke were related to the accident, and that the Porters must obtain that medical opinion. Mr. Gean stated that he could not
obtain the medical records as by doing so he would violate the Rules of Professional Conduct which prohibit attorneys from providing financial assistance to clients, if he paid for the records. The medical opinion was never obtained and the court dismissed the lawsuit in October 2008. KEARNEY, JESSE L., Bar #76062, of Pine Bluff, was cautioned by Committee
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