YLS Inbrief Spring 2011

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YLS

In brief Hats Off 2 In the news 3 YLS Chair Elections 10 Tips to Remember When You Are Filing Your Next Notice of Appeal Tasha C. Taylor

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Vol. 15 #2

Arkansas Bar Association Annual Meeting 10 YLS Report Brandon K. Moffitt 12 CLE Calendar 13

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Mock Trial 15

Arkansas Bar Associatin Leadership Academy Gwen Rucker 6 Tech Tip: In the Public InterestRemoving the “Reply All” Button ABA Sitation 7 Congratulations New Admittees 8 Tasty Tips 9 Rashauna Norment

Get Involved

In this issue

A Periodic Newsletter of the Young Lawyers Section of the Arkansas Bar Association

Win Prizes! Stay tuned for an announcement at the annual meeting about a new program for YLS members that gives you an opportunity to win great prizes by getting more involved with the YLS.


Drew Blankenship and his wife, Ginny, welcomed their first child, Samuel Hudson Blankenship, on March 30, 2011.

Graphic Design & Layout Anna Hubbard Assistant Editors Cory Childs Kristen S. Moyers Bethany Pike Andrew M. Taylor Tech Tips Editor Keith Pike

What Judges Want Editor Mandy Thomas Recipes Editor Rashauna Norment Contributors Jennifer Carson Tim Penhallegon Melissa Sawyer H. Brock Showalter Daryl Taylor Jenny Teeter

YLS Young Lawyers Section Chair:  Brandon K. Moffitt Chair-Elect: Brian M. Clary Sec-Treas: Anne Hughes White Immediate Past Chair: Anthony W. Juneau

Hats Off

In brief

Editor-In-Chief Tasha C. Taylor

Travis L. Starr has joined the Brad Hendricks Law Firm, P.A. as an associate attorney in the Bankruptcy Department. Mr. Starr practices exclusively in the area of consumer bankruptcy law. Brandon Moffitt and Michael Phillips of Moffitt & Phillips, PLLC have recently been selected to join Owners’ Counsel of America. Owners’ Counsel of America is a nationwide network of experienced condemnation attorneys representing property owners threatened with eminent domain. Jennifer Knepper and Kevin Wells were married on February 12, 2011. Tasha C. Taylor of Taylor & Taylor Law Firm, P.A. was recently appointed by the Arkansas Supreme Court to serve as a member of the Taskforce on Rewriting Appellate Rules in Light of New Technology.

If you have information on YLS Members who deserve a “Hat’s Off” or would like to submit ideas for articles, please contact the editor of “In Brief,” Tasha Taylor at Tasha@ TaylorLawFirm.com.

Executive Council: District A: Ryan Pettigrew (2011) Brian R. Lester (2012) Vicki S. Vasser (2013)

New Statutes of Limitations

District B: Cory D. Childs (2011) Grant M. Cox (2012) Tasha C. Taylor (2013) District C: Brian Cleary (2012) John Houseal (2011) Timothy R. Leonard (2013)

Coming Soon Free download to members

At Large Representatives: Tessica Dooley (2013) Cliff McKinney (2011) Melissa N. Sawyer (2012) Law Student Representatives: University of Arkansas at Fayetteville School of Law: Malcolm Means UALR William H. Bowen School of Law: Kimberly JoAnne Eden 2

YLS In brief

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at www.arkbar.com

Seventh Edition Revised March 2011

Prepared By Arkansas Bar Association Young Lawyers Section


In the news Cinco de Mayo Membership Party Enjoy margaritas and snacks while visiting with other attorneys from Central Arkansas. YLS members are encouraged to bring nonmember attorneys that may be interested in learning more about the Arkansas Bar Association and YLS. Thursday, May 5th 5:00 - 8:00 p.m. Arkansas Bar Center 2224 Cottondale Lane Little Rock, AR 72202 RSVP at Arkbar Young Lawyers Section

Arkansas Legal Services Partnership launches www.arlegalservices.org The Arkansas Legal Services Partnership, two years after its formation, launched the Justice Technology Project with the creation of www.arlegalservices.org. Today, along with the Access to Justice Commission, Center for Arkansas Legal Services, Legal Aid of Arkansas, and various justice partners, it continues to work toward its mission of “equal access to justice for all.� The ALSP website provides clear, concise, and relevant legal information for low-income Arkansans. By guiding individuals through the Arkansas state court system, the site has become a critical resource for those who must help themselves. Some of the resources provided include: automated legal documents written and edited by Arkansas attorneys, fact sheets about a broad range of civil legal matters and written in plain language so the information can be quickly and easily disseminated, streaming video, streaming audio, Poverty Law Manuals, and live chat assistance. The site also serves as an important tool for the legal advocates helping low-income Arkansans, and to aid in those efforts, attorneys are provided form letters, pleadings, and automated documents that they can customize for use in pro bono and private practice. When the site launched, it received more than 185,000 page views. Six years later, that figure has jumped to more than 1 million page views. The high level of traffic to the site reflects the problems that low-income Arkansans face in acquiring access to justice. One in five Arkansans is eligible for free civil legal aid; however, due to a lack of funding, the Center for Arkansas Legal Services and Legal Aid of Arkansas can’t help all those in need. By providing these resources through justice technology, ALSP, the pro bono community, and the Access to Justice Commission are attempting to provide assistance to the state. You can learn more about ALSP, pro bono opportunities, and technology and justice projects by visiting www.arlegalservices.org.

YLS Sub-Committees Your Section needs you. Click Here for a sub-committee preference form for the 2011-2012 year. Please fill out this form indicating the preference you may have for committee assignments. Volunteer members are the driving force of Young Lawyers Section and the Arkansas Bar Association. Your willingness to volunteer your time, talent and expertise guarantees the continued success of the section and building on the heritage of those members who have so selflessly committed to the work of the section in the past.

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YLS Chair Elections Election Friday, June 10, 2011 from 3:00 - 4:00 p.m. YLS Annual Meeting, Arlington Hotel, Hot Springs Join the Section in the passing of the gavel to the next Section chair, and the election of the new officers and district representatives. Brian Lester and Vicki Vasser are running for Chair.

VOTE VICKI VASSER FOR 2011-12 YLS CHAIR-ELECT I am Vicki Vasser, and I want to be your next YLS Chair-Elect! I am asking for your support in the Young Lawyers Section (YLS) Chair-Elect race that will be held at the upcoming Arkansas Bar Association’s Annual Meeting in Hot Springs on Friday, June 10, 2011 at 3 p.m. in the Fountain Room of the Arlington Hotel. The election will be conducted among those YLS members present at the Friday meeting. Since obtaining my law license in 2006, I have practiced law with Matthews, Campbell, Rhoads, McClure, Thompson, and Fryauf, P.A. in Rogers. Since 2007, it has been my privilege to serve District A, formerly Northwest District, as a member of the Arkansas Bar Association’s YLS Executive Council. I am currently serving my second term on the Executive Council. Since admission to the Bar in 2006, I have been actively involved in many aspects of the Bar, including the Long-Range Planning Committee, where I served as Co-Chair, the Membership Development Committee, also serving as Co-Chair for District A, and the Family Law Section, serving as both Chair and Vice-Chair. I have also been involved in the Mock Trial Committee and the Law-Related Education Committee. For the past two years, I have served as a leader in my local Benton County Bar Association, serving as Secretary/Treasurer, and currently serving as Vice-President of Programs. In addition to my leadership service to the Bar, giving back to the community of Northwest Arkansas where I live and work has been a priority, serving on Rogers-Lowell Chamber of Commerce Board of Directors, Rogers Public Education Foundation Board, Rogers Public Library Foundation Board, and participating in the Rogers Noon Rotary Club. I sincerely believe that these leadership experiences have prepared me to lead YOUR Arkansas YLS. As I approach the 2011-12 YLS-Chair election, I am eager to share ideas for possible YLS projects. If elected, one of my priorities will be to help further develop tools for young lawyers to ease the transition from law school to “young lawyer,” including the creation of a formal mentorship program and the creation of a new admittee survival handbook. A second area of focus would be to continue YLS’ commitment and dedication to community service across the State of Arkansas by helping victims of domestic violence. One such idea in this arena is establishing a victim rights’ handbook. Along similar lines, several community service projects could be implemented by YLS across the state, targeting at-risk families, such as toiletries for tots, snack-pack and school supply drives for at-risk kids, or a “raising the bar” campaign (collecting bars of soap for less fortunate) just to name a few. I sincerely look forward to visiting with you at the Annual Meeting in June. It is my hope that each YLS member will make plans to attend the YLS meeting on Friday, June 10, 2011 at 3 p.m. in the Fountain Room of the Arlington Hotel. I cannot wait to lead YOUR Arkansas YLS! If you have any questions, comments, or suggestions, please feel free to contact me at (479) 636-0875 or vvm@mcrmt.com. I welcome an opportunity to visit with you! 4

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VOTE BRIAN LESTER FOR 2011-12 YLS CHAIR-ELECT

I’m running for the office of Chair-Elect of the Young Lawyers Section of the Arkansas Bar Association and would appreciate your vote at our meeting which will be held at 3:00 p.m. on Friday, June 10, 2011 at the Arkansas Bar Association’s Annual Meeting in Hot Springs. I’ve represented district A on the YLS Executive Council for the past two years where I currently serve as the Pro Bono Committee Chair. While serving the YLS, I’ve participated in its many projects and have represented Arkansas at the American Bar Association Young Lawyer’s Division conference. Should I be elected to further serve the YLS, my goal is to get more lawyers involved by promoting social outings and service projects throughout the state and by working with the law schools to educate students about our organization to make the YLS beneficial to all of its members. Brian R. Lester Lester Law Firm, PLLC 26 East Meadow Street, Suite 1 Fayetteville, Arkansas 72701 479-595-0297 866-675-0297 Fax www.LesterFirm.com Brian@LesterFirm.com


Ten Tips to Remember When Filing Your Next Notice of Appeal by Tasha C. Taylor

Appellate attorneys suggest that you start thinking about the appeal of your client’s case from the moment you file the initial pleading. The reality is that a lot of lawyers don’t start thinking about the appeal until they are drafting the notice of appeal. If that’s you, then these 10 tips are meant to help when you’re preparing your next notice of appeal. Although not an exhaustive list of the steps necessary to properly file a notice of appeal, these 10 tips will help you jump start your review of some of the relevant rules. 1. The notice of appeal must be filed within 30 days of the date the judgment from which you are appealing is entered, and not the date from which it was signed. See Ark. R. App. P.–Civil 4(a). 2. If the notice of appeal is filed after the circuit court announces its decision, but prior to the entry of the final judgment, your notice of appeal will be treated as though it was filed on the day after the judgment is entered. See Ark. R. App. P.–Civil 4(a). 3. Effective July 1, 2010, the notice of appeal is required to state, among other things, that “the appealing party abandons any pending but unresolved claim.” Ark. R. App. P.–Civil 3(e)(vi); see also Ark. R. Civ. P. 54(b). 4. The notice of appeal must designate the specific judgment or judgments from which the appealing party is appealing. See Ark. R. App. P.–Civil 3(e)(ii); see also, e.g., Hall v. Arkansas Dept. of Human Services, 101 Ark. App. 417, 278 S.W.3d 609 (2008) (holding that orders not mentioned in the notice of appeal are not properly before the appellate court). 5. You must contact the Court Reporter to make financial arrangements to pay for the transcript prior to stating that you have done so in the notice of appeal—and, it’s a good idea to follow up with a letter or email acknowledging that you have done so. See Ark. R. App. P–Civil 3(e)(iv). 6. The notice of appeal can state that you are appealing directly to the Arkansas Supreme Court, but only in appropriate cases. See Ark. R. App. P–Civil 3(e)(v); see also Ark. Sup. Ct. R. 1-2(a). 7. You are required to serve a copy of the notice of appeal or notice of cross-appeal upon counsel for all other parties by a form of mail that requires a signed receipt (and not by regular

first class mail). Don’t forget to change your certificate of service to indicate that you have complied with this rule. See Ark. R. App. P.–Civil 3(f). 8. If the appellant does not designate the entire record and all the proceedings and evidence in his case, then, in addition to the notice of appeal and designation of record, he is required to also serve a concise statement of the points on which he intends to rely on the appeal. See Ark. R. App. P.–Civil 3(g). 9. The timely filing of a notice of appeal is jurisdictional; thus, the appellate court is required to raise the issue of subject-matter jurisdiction on its own motion. See, e.g., Stacks v. Marks, 354 Ark. 594, 127 S.W.3d 483 (2003) (appeal dismissed where the Court determined on its own motion that the notice of appeal was untimely). 10. Notices of appeal in the context of post-judgment motions can be tricky, tricky, tricky. There is no one rule or tip to summarize the variety of problems that can arise when trying to properly file a notice of appeal in the context of post-judgment motions. If you plan to file any post-judgment motions in your client’s case, don’t do so before you carefully study the rules and case law with respect to how those motions can affect the deadlines for properly filing the notice of appeal. Tasha C. Taylor is a Managing Attorney and Shareholder at Taylor & Taylor Law Firm, P.A. in Little Rock, Arkansas, where her practice focuses primarily on handling appeals in the Arkansas Supreme Court and the Arkansas Court of Appeals. Taylor created and co-authors the Arkansas Appeals Blog (ArkansasAppeals.com). She was also recently appointed by the Arkansas Supreme Court to serve as a member of the Taskforce on Rewriting Appellate Rules in Light of New Technology. Taylor can be reached at Tasha@ TaylorLawFirm.com or at (501) 246-8004. 5


My Arkansas Bar Association Leadership Academy Experience & Why You Should Apply

by Gwen Rucker Let’s face it, we all lead very busy and demanding lives. So, when you contemplate adding, or someone asks you to add, one more thing to your plate, ask yourself: (1) can it fit into my schedule and (2) what’s in it for me? This year, I had the most amazing experience in the Arkansas Bar Association Leadership Academy. As you consider the activities you want to become more involved with in the coming months, I ask that you consider participation in the Leadership Academy, and here’s why: 1. People—I had the privilege of meeting 19 of the best and brightest lawyers from around the state. Although I knew some of the participants previously, many I had never met before. When I tell you we had fun—I laugh just thinking about the times we had together— let’s just say “what happens at Leadership Academy, stays at Leadership Academy.” We are forever bonded by the experience together in our own utopia (inside joke), and I have made some friends for life. 2. Programs—Under the tutelage of Past President Donna Pettus and her committee, we had terrific in-state and out-of-state speakers. We were also privileged to have access to proven leaders in our community including bar leaders, businessmen, judges, and legislators. Some of our programming included learning how to work with different personalities, how to gain work/life balance, the cost of leadership, and how to become involved in our community and bar. We met with members of the legislature, lunched at the Governor’s Mansion, and gained private access to members of the judiciary. At the Annual Meeting in June, we will give back to the community through a pro bono project. There are so many memorable moments to recount, but I will share one of them with you here. In March, we had a private event with Governor Beebe at the State Capitol—how cool is that!!! We had his undivided attention—during the legislative session I might add—and it was an unbelievable experience. We had the opportunity to sit down with the Governor and express our ideas and concerns about our great state, and he listened, answered questions, and asked for our input and feedback. We would not have had this opportunity but for the Leadership Academy. 3. Places—It’s great to leave the confines of the office to concentrate on enhancing skills that benefit you, your practice, community and state. An added bonus that I never even considered when applying for the Leadership Academy was the travel perks. I have visited some of the most beautiful parts of our state because of the Leadership Academy. Now that I’ve had the opportunity to experience those places, like Mt. Magazine, I am definitely going back. In fact, I am already planning a return visit. 4. Personal Reflection—There is no doubt that participation in the Leadership Academy, as promised, will enable you to learn more about yourself, your personality, your aptitudes, and your strengths 6

YLS In brief

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The 2011 Leadership Academy Class with Governor Beebe at the Capitol in January

and weaknesses. How do you manage your time? How do you handle stress? What type of leader are you? How can you develop the potential of others? Why not invest the time in learning more about yourself—you’re worth it. Regardless of whether you were just admitted to the bar or have been practicing for 15 years, there is undoubtedly something for you in the Leadership Academy. Pick up an application (there are partial scholarships available) and take your leadership to the next level! You’ll be glad you did. Gwen Rucker is a law clerk for United States Magistrate Judge Jerome T. Kearney in Little Rock, Arkansas. She serves as Chair of the Membership Development Committee and is a member of the House of Delegates, Board of Governors, Long Range Planning Committee, and the Task Force on UPL. Gwen is a past Young Lawyers Section and Annual Meeting Chair. She can be reached at gwendolyn_rucker@ ared.uscourts.gov or at (501) 604-5173.

Congratulations 2011 Graduating Class

Amber Wilson Bagley Khayyam Eddings Amy Freedman Hollie Greenway Jason L. Horton Matthew R. House David L. Jones Paula Juels Jones Leon Jones, Jr. Anthony W. Juneau

Leslie J. Ligon Coby W. Logan Paul A. Prater Gwendolyn L. Rucker Jonathan P. Sellers Jay L. Shue, Jr. Keesa M. Smith Jocelyn A. Stotts Vicki S. Vasser William Zac White


In the Public Interest: Removing the “Reply to All” option

Tech Tip

reprinted from American Bar Association Sitetation 4/29/11 blog posted by Tonya L. Johnson

The humorous “Reply All” super bowl ad, based on a true incident, portrays a terrified sender snatching cell phones and destroying computers to keep people from reading an e-mail after he accidentally hit “Reply All.” However, it’s no laughing matter when you hit “Reply All” and accidentally send an inappropriate joke or worse yet disclose confidential information to unintended parties. Despite decades of computer usage and e-mail etiquette, it seems to be human nature to hit “Reply All” more often than necessary. Market research giant Nielsen removed employees “Reply All” option after an evaluation of company practices, likely in the wake of an executive “Reply All” incident that achieved some notoriety. Since Microsoft Outlook is still the brand name mentioned most often (80%) by respondents to the soon to be released 2011 ABA Legal Technology Survey Report, we’ve prepared a simple guide that walks MS Outlook 2003 users through the two step process to disable their own “Reply All” option. Removing the “Reply to All” option is a two step process of removing the “Reply to All” button from both the MS Outlook main screen and message screen. Step One: From the MS Outlook main screen / Inbox: Press and hold the Alt key click then drag the “Reply to All” button down and off the toolbar to remove it. Alternatively, click then drag the “Reply to All” button to a less convenient location on the toolbar to avoid using it. Step Two: Open any message; there you’ll see another “Reply to All” button. Follow the above steps to move or remove the “Reply to All” button down and off the toolbar. When you actually need to “Reply to All” follow these easy steps: • From the Actions menu, choose Reply To All or • Press [Ctrl]+[Shift]+R. Restoring the “Reply to All” button is also a two step process: Step One: From the MS Outlook main screen / Inbox: 1. On the Standard toolbar, (Where the Reply and Reply All buttons reside) click the dropdown control at the far right of the toolbar. 2. Click Add or Remove Buttons. 3. Select Standard. 4. On the resulting list, click to check Reply to All. Step Two: Open any message and follow the above steps to restore the “Reply to All” button. MS Outlook 2007 Users Regretfully, MS Outlook 2007 users don’t have the ability to completely remove “Reply to All”. Outlook 2007 users can perform Step One from the MS Outlook main screen / Inbox but can’t remove Reply to All” from their messages because of the Ribbon interface used in the Outlook 2007 Message Screen. The Ribbon, introduced with Microsoft Office 2007, displays commonly used functions and features previously accessed by using toolbars and menus in earlier versions of Microsoft Office. While the Ribbon can be customized, functions on the Ribbon interface (which include response actions such as “Reply”, “Reply to All” and “Forward”) unfortunately cannot be removed.

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Arkansas Traveler

Old Tyme Burger Shoppe, 1205 Arkansas Blvd, Texarkana, Arkansas. Tel: 870-772-5775. If you are looking for the best burger in Texarkana, you’ll find it at the Old Tyme Burger Shoppe. My law-school buddies say I’m biased because my father-in-law owns the restaurant and I eat there for free, but I am not alone in my praise of the Old Tyme burger. Old Tyme just won the 2010 Four States Living Reader’s Choice Award for the Best Hamburger in Texarkana and has garnered similar accolades in the past for its juicy, fresh, allbeef hamburgers. Old Tyme also offers a full breakfast and dinner menu as well as daily plate lunch specials, with favorites like chicken spaghetti, meatloaf, and fried catfish. Because of the delicious food and comfortable hometown atmosphere, Old Tyme is a favorite meeting place for Texarkanans. I have met almost as many judges at Old Tyme as I have in the courtroom. The lunch crowds make Old Tyme a favorite campaign stop during election seasons with candidates for every office from the US Senate to Miller County sheriff stopping by for a burger and visiting with local folks. Old Tyme is located at the corner of Arkansas Boulevard and Jefferson Avenue. If you take the Jefferson Ave. exit off of I-30 and go south, Old Tyme is at the first traffic light on the right. Stop by for a delicious burger and tell them Jon Beck sent you. Jon Beck is an associate attorney at Dunn, Nutter & Morgan, LLP. His practice areas include civil litigation and family law. You can reach Jon Beck at jwbeck@dnmlawfirm.com or (903) 793-5651.

ARKANSASFINDALAWYER® The Arkansas Bar Association receives many calls from the public every day asking for the name of an attorney to help them. Our staff refers the caller to:

www.arkansasfindalawyer.com Just $75/year List up to 7 practice areas Help potential clients find you on the Web site that receives over 5,000 hits per month! NEW! Sign up with your membership enrollment! NEW! Reduced rate for members practicing <2 years 8

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Your Name in Print Opportunities to write for YLS In Brief include: • Tech Tips (discuss technology that you use in your practice, etc.) • Legal Articles (use this as an opportunity to tell us about your favorite practice area, discuss rule changes, analyze recent cases, etc.) • Arkansas Traveler (play the part of a critic as you share your unique dining experiences, shops, hotels, entertainment venues, etc.) • What Judges Want (volunteer to interview a judge and share the judge’s answers to your questions with other young lawyers) • Tasty Tips (if you have a fun recipe you would like to share, submit it and it might be selected to be included in the newsletter) If you are interested in writing for a future issue of In Brief, please contact me at Tasha@TaylorLawFirm.com.


Tasty Tips

Baked Parmesan Chicken Ingredients: 2 tablespoons olive oil 1/2 clove garlic, minced (optional) 2/3 cup grated Parmesan cheese 1 cup dry bread crumb 1 teaspoon dried basil leaves 1/4 teaspoon ground black pepper 1/8 teaspoon salt (optional) 1/8 teaspoon season salt (optional) 6 skinless, boneless chicken breast halves Ready in approximately 45-50 minutes 1. Preheat oven to 350 degrees F. 2. Lightly coat a 9x13 inch baking dish with your choice of cooking spray or olive oil. 3. Combine the Parmesan cheese, bread crumbs, basil, pepper and salts into a bowl; set aside. 4. Add the olive oil to a separate bowl (if using garlic, stir into the oil). 5. Lay each chicken breast in the oil mixture, then in the bread crumb mixture. Place coated chicken breasts in the oiled baking dish, and add any leftover crumb mixture over the chicken. 6. Bake for 30 minutes, or until chicken tender and is no longer pink. Optional: serve with your favorite salad dressing, or cut the cooked chicken into strips and add to a salad. Note: If the chicken breasts are thin, be careful not to overcook. Adapted from allrecipes.com

Rashauna Norment is a registered patent attorney at Calhoun Law Firm, where her practice focuses on prosecuting patent applications, as well as applications to register copyrights and trademarks, forming legal entities for businesses, and assisting in litigation involving infringement and business disputes. You can reach Rashauna at R.Norment@CalhounLawFirm.com. Rashauna enjoys experimenting with cooking, working in her flower garden trying to develop a green thumb, and spending time with family and friends. 9


YLS Events Friday, June 10, 2011 Young Lawyers Section

Arlington Fountain Room

9:00 - 10:00 a.m. (1.0 CLE) Co-Parenting Discussion • Dawn P. Doray, Doray Psychological Services, P.L.L.C. • Betty J. Hardy, Coplin, Hardy & Stotts PLLC 10:00 - 10:15 a.m.

Break

10:15 - 11:15 a.m. (1.0 CLE) Case and Legislative Update • Harry Truman Moore, Goodwin Moore LLP • Jocelyn A. Stotts, Barry E. Coplin, P.A.

11:15 - 12:45 p.m. Lunch, Swearing-in & Awards Ceremonies in Exhibit Hall, Convention Center

1:45 - 2:45 p.m. (1.0 CLE) NFL Collective Bargaining Agreement, Can't We All Just Get Along? • Christopher Turnage, Vice President for Commercial Lending Arvest Bank and President of Comprehensive Sports Management Turnage discusses a collective Turnage bargaining agreement between the NFL Player’s Association and the owners of the NFL as well as the legal ramifications of the Player’s Union decertifying. If you’ve ever wondered how to be an Arkansas lawyer and a sports agent, listen to someone speak who is doing both now. Sponsored by Dover Dixon Horne PLLC

3:00 - 4:00 p.m. YLS Annual Meeting Join the Section in the passing of the gavel to the next Section chair, and the election of the new officers and district representatives.

Look for signs about the YLS Hospitality Suite in Arlington Room 903 10

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YLS Overtime Party The game goes into overtime Friday night Friday, June 10, 2011 8:00 p.m. Arlington Crystal Ballroom

Sponsored by Dover Dixon Horne PLLC and the Young Lawyers Section

Fun, Food, Refreshments & DJ!

Thursday is Team Spirit Day! Wear your favorite team jersey for the day!


Register Now for the 113th Arkansas Bar Association Annual Meeting Discount for registering online by May 31st! Arkansas Bar Association 113 t h Annual Meeting JOINT MEETING WITH THE ARKANSAS JUDICIAL COUNCIL

JUNE 8-11, 2011 HOT SPRINGS ARLINGTON HOTEL & HOT SPRINGS CONVENTION CENTER

Touchdown Arkansas Bar!

Over 60 Hours of CLE offered

Two Venues Arlington Hotel & Hot Springs Convention Center • Wednesday and Saturday—Arlington only • Thursday and Friday—Arlington & Hot Springs Convention Center New! Exhibit Hall with Breakfast, Lunch & Breaks is located at the Hot Springs Convention Center

• Sports Law Track featuring Mike Leach and Walt Coleman • ABOTA Masters in Trial Mock Trial Program • Family Law • CNA Risk Management for Attorneys • Trial Track featuring Barry Richard • Professional Development Track • Business Track • Legislation Track The Hot Springs Convention & Visitor’s Bureau is • Health Law Track providing transportation • Lounge & Learn

Events • Golf Tournament on Wednesday • Breakfasts, Luncheons, Afternoon and Evening Receptions • Evening Entertainment with Gridiron, bands and Overtime Party on Friday Night • Leadership Academy Graduation

Sidelines Spouse & Children’s Program • • • •

Ladies VIP Halftime Show Gentlemen’s Scotch & Cigars Children’s Program with karate, magic & dance Tickets to Magic Springs on Friday 11


Young Lawyers Section Report

by Brandon K. Moffitt

Abundance of Opportunities to Serve in YLS

Originally published in the Spring 2011 issue of The Arkansas Lawyer magazine. Reprinted with permission. As we wind down this bar year and I write my last article as Chair, I want to take this opportunity to say “thank you” to the current Executive Council, as well as the membership, for their efforts in making this year a success. I began my year as Chair with several goals related to increasing participation in the Section’s leadership and volunteer opportunities. I am happy to report that we have met (and exceeded) most of the goals and have great strides towards others. I believe that the most important goal we accomplished this year was the increased participation of the membership on the Section’s standing committees. We had over 50 new members that served on a committee and this growth allowed the YLS to expand our quarterly publication, In Brief, plan social events across the state, as well as continue our work on 18 & Life to Go: A Legal Handbook for Young Arkansans. As we move forward, I hope to see the involvement in the standing committees grow in an effort to provide additional services to our membership and our communities. I also sought to increase the number of candidates for the YLS Executive Council and Officer positions that we elect at the Annual Meeting in Hot Springs. Each year the YLS elects three (3) Executive Council members (one from each of the State’s Bar Districts – Central, Northwest, and South & East) and the Section’s Chair-Elect and Secretary/Treasurer. The Section’s bylaws were amended last year to have candidates submit their name for open positions by April 1 to be on the ballot for election at Annual Meeting. This year I am happy to report that we have a candidate for every open position and will have a contested elec12

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tion for Chair-Elect at the Annual Meeting. All other open positions were filled by candidates that qualified for election by April 1, 2011, and were unopposed. Although I know that elections can be contentious, I believe they are healthy for every organization because it ensures that the organization maintains focus, is exposed to a diversity of ideas, and is accountable to its membership. Another significant achievement of the Section this year was to produce hard copies of the publication 18 & Life to Go: A Legal Handbook for Young Arkansans. The printing of hard copies of the handbook is the culmination of several years of planning, development, and numerous volunteer hours by members of the Association to develop a basic legal guide for the citizens of our state. Our long-term goal is to provide every Arkansas high-school senior with a copy of the publication before they graduate. Although it is not feasible for our Section to fund hard copies to students every year, we hope to expand electronic distribution of the publication to reach our goal. Currently, the publication is available on our website (www.arkbar.com – Young Lawyers) and the Amazon.com store for Kindle ebooks. I would encourage you to download, review, and share the publication. If you would like to become more involved in the work of the Section, I would like to invite you to attend the Arkansas Bar Annual Meeting this year in Hot Springs. The YLS programming and annual business meeting will be held on Friday, June 10, 2011, in the Fountain Room at the Arlington Hotel. The YLS will follow the overall theme of the Annual Meeting with our CLE speaker, Mr. Christopher Turnage,

and his presentation: The NFL Collective Bargaining Agreement, Can’t We All Just Get Along? Mr. Turnage will be discussing the current collective bargaining agreement between the NFL Players Association and the team owners of the NFL, as well as the legal ramifications of the decertification of the players union. Following the CLE, we will hold our annual business meeting to introduce our new Chair of the YLS, Mr. Brian Clary, and provide him an opportunity to share his vision for the Section for the upcoming year. We will also elect the Chair-Elect position at the business meeting following Brian’s introduction. Also, I want to invite you out to the social events sponsored by the YLS during the Annual Meeting. The YLS will be sponsoring a hospitality suite for members to network thoughout the Annual Meeting. Specific details will be posted in the YLS newsletter, In Brief, and onsite at the Arlington Hotel. Additionally, the YLS and Dover Dixon Horne, PLLC will be sponsoring the entertainment on Friday night in the Crystal Ballroom of the Arlington. This year’s “Overtime Party” will feature food, beverages, music, and a karaoke machine that promises to be a good time for all. In closing, I want you to know that it has been a pleasure serving as your Chair over the last year. I look forward to continuing to work with the YLS and Arkansas Bar Association as a whole, and I hope that you would join me by becoming actively involved in the work of the Association. If you have questions about becoming involved within the Section in any capacity, please feel free to contact me and I will assist in any way that I can. See you in Hot Springs! n 12


CLE CLE CLE Summer CLE Events Arkansas Bar Association 113 t h Annual Meeting JOINT MEETING WITH THE ARKANSAS JUDICIAL COUNCIL

JUNE 8-11, 2011 HOT SPRINGS ARLINGTON HOTEL & HOT SPRINGS CONVENTION CENTER

Touchdown Arkansas Bar!

Fall 2011 CLE Calendar

Arkansas Bar Association 113 th Annual Meeting JOINT MEETING WITH THE ARKANSAS JUDICIAL COUNCIL

JUNE 8-11, 2011 HOT SPRINGS

CLE CLE

C LE The Arkansas Bar Association Government Practice Law Section & Administrative Law Section present:

13th Annual Government Practice Institute

Government Practice Seminar October 7, 2011 (tentative) Little Rock

ARLINGTON HOTEL & HOT SPRINGS CONVENTION CENTER C LE Financial Institutions

Arkansas Bar Association 2011 Best of CLE Little Rock • June 20-24, 2011

Financial Institutions Seminar October 14, 2011 Little Rock

Rogers • June 29-30, 2011

2011

Watch for Last Minute CLE Webinars coming on June 30th

C LE The Arkansas Bar Association Young Lawyers Section presents:

Bridging the Gap Filling the Gap Between Law School and Practice

October 20-21, 2011

Bridging the Gap Seminar October 20-21, 2011 Little Rock

For more information contact Lynne Brown or Kristen Scherm 800-609-5668 or 501-375-4606 lbrown@arkbar.com or kscherm@arkbar.com OR go to www.arkbar.com

C LE The Arkansas Bar Association Health Law Section presents:

Free Fastcase Webinars Legal Research (free).

Fastcase puts the whole national law library on your destop. This exclusive member benefit includes free online access to the Arkansas law library, with Arkansas cases, statutes, regulations, court rules, and constitutions. The benefit includes all 50 states, as well as all federal caselaw.

Login at www.arkbar.com

September 14th-Fastcase In Depth 22nd-Fastcase Nuts & Bolts October 12th-Fastcase In Depth 20th-Searching for Statutes November 9th-Fastcase In Depth 17th-Fastcase Nuts & Bolts

Health Law Seminar October 28, 2011 (tentative) Little Rock

Health Law

C LE The Arkansas Bar Association Debtor Creditor Law Section & The University of Arkansas School of Law present:

Fall Legal Institute

Fall Legal Seminar November 3-4, 2011 Rogers

Photograph courtesy of Bear Spirit Photography

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Congratulations New Members Admitted to the Practice of Law May 2011 Charlotte Maria Aceituno R. Dawn Allen John Michael Bailey Jennifer Lind Bell Cory Lance Biggs Seth Layton Bowman Amy Elizabeth Boyd Kendra Dawn Boyle Christian Howard Brill Casey Bryant Kevin Byrd Aleksandra Chirlin Courtney B. Cline Blake H. Crawford Ross Alan Crutchfield David A. Danielson Matthew Lee Dearmore Johnathan D. Dial, Sr. Brandon Trueman Eckhart Murad Elsaidi Todd Richard Evans Colbie M. Falwell Jennifer Dianne Felts Matthew Paul Gabriel Ashleigh R. Gibson Mary Elizabeth Goff William Andrew Gruber Lydia Hicks Hamlet Bilenda Harris-Ritter J. D. Hays, Jr. Steven Gregory Higgins Robert Edwin Hodge Devon Nathaniel Holder Franklin Clark Jennings Jason Michael Johnson Patrick Lyle Kelley Kathryn Reynolds Kelley Jason Lee Kennedy Christopher T. Kidd Thomas Richard Knoll David Thomas Kronenfeld Candice Michele Lang Kristin M. Lausten 14

YLS In brief

www.arkbar.com

Justin Steven Ludwig Johnna Jeanette Main Elizabeth M. Manso Ronald John Martino Charles David McDaniel Daniel Ladd McFadden James Michael McPherson Hannah Christine Miller K. Brooke Moore Erin S. O’Leary Daniel Ray Osborne Matthew Earl Osman Alexander Phillip Owings R. Scott Pace Paula Dawn Parker Jacqueline Jacuzzi Peregrin Therese Levette Philogene William Scott Raper Christian Michael Ruud Meaghan Hassel Shearer William Daniel Shelton Angelica R. Smith Joseph Blake Smith Justin Bradford Smith Victoria Kimberly Smith Krissi Nicole Sutton Stephen Macmillan Talley Claudia Elizabeth Taylor Corey Eugene Thomas Christopher A. Tolleson Chandra D. Toussaint Jessica Ann Virden Leah M. Ward Devon Maria White Stacy R. Williams Jamie Claire Wilson Holly Sales Wilson Robert John Wittwer Shana R. Woodard

Complete your Library with Arkansas Bar Association Practice Handbooks

Available as a Book or a CD

Order online at www.arkbar.com or call (501) 375-4606

Standards for Examination of Real Estate Titles in Arkansas Arkansas Bankruptcy Handbook Arkansas Domestic Relations Handbook Handling Appeals in Arkansas Revocable Trusts for the Arkansas Practitioner Arkansas Probate Handbook

Members Save Over $50 per book!


2011 Mock Trial Competition Jonesboro High School State Mock Trial Champions

The Arkansas Bar Association extends its appreciation to the following volunteers who helped make the 2011 Mock Trial Competition so successful. Hon. Beth Deere, U.S. Magistrate Judge, Eastern District Jim Julian, Arkansas Bar Association President Paula Casey, UALR Law School Professor Matthew D. Wells, Mock Trial Committee Chair Johnathan D. Horton, Mock Trial Vice-Chair Rando Hicks, Mock Trial Coordinator

front row l to r: Ashton Cheatham, Maja Majewski, Becca Cato, Emily Richmond, Ashlyn Webb; second row: Niki Clark, Adison Marshall, Drew McJunkin, Brittany Webb, Lillie Pitts, Mitch Edwards; back row l to r: Paula Casey, Jim L. Julian, and Judge Beth Deere Students from Jonesboro High School prevailed as the winners of the Arkansas Mock Trial Competition held in Little Rock at the Pulaski County Courthouse on March 5, 2011. Eight high school teams composed of more than 50 students contended in the state finals. Jonesboro High won the final match in a split decision over Parkview High School. The Jonesboro High School team will compete in the national event in Phoenix, Arizona May 4-8, 2011. The Jonesoboro High School team consisted of teacher coach Wright Porter; attorney coach Thomas Fowler; students Rebecca Cato, Ashton Cheatham, Niki Clark, Mitch Edwards, Maja Majewski, Adison Marshall, Drew McJunkin, Lillie Pitts, Emily Richmond, Paul Shefelton, Ashlyn Webb and Brittany Webb. The Honorable Beth Deere, U.S. Magistrate Judge, Eastern District, presided at the final match. Arkansas Bar Association President Jim L. Julian and UALR Law Professor Paula Casey were scoring judges. Many lawyers and teachers from across the state work with the students for several months to prepare them for the competition. The Arkansas Bar Association sponsors the competition and the Association’s annual sponsors and the Arkansas Bar Foundation assist with the funding.

Mock Trial

To volunteer for the 2012 Mock Trial Competition please contact Rando Hicks at rhicks@arkbar.com or (501) 375-4606

Volunteers: Judge Joe Volpe Judge Michael Maggio Judge David M. Clark Mandy Abernethy Julie Cullen Mary Jennings Sandy Moll Paul Davidson Ben Kent Clark Jennings Ali Brady Meredith Rebsamen Donna Gay Maggie Newton Shawn Johnson Peggy Matson Gil Glover Committee Members: Matthew D. Wells, Chair Johnathan D. Horton, Vice�Chair Amanda J. Andrews Toney Baker Brasuell Phillip M. Brick J. David Crisp, Sr. Judge Don N. Curdie Judge Beth M. Deere Teresa M. Franklin Floyd A. Healy Kevin L. Hickey Samuel S. High

Valerie L. Kelly Elaine M. Kneebone Brian R. Lester Lynn Lisk William C. Mann, III Quentin E. May Taura L. McDaniel Christopher L. McFarlin Judge Mary S. McGowan Anthony L. McMullen Barrett S. Moore Christopher W. Morledge Wm. Howard Mowery Anne Elizabeth Orsi Byron Cole Rhodes Nick Rogers Melissa N. Sawyer Amanda M. Thomas Brian D. Thomas Jordan Tinsley Brian A. Vandiver Vicki S. Vasser Emily L. White Troy L. Whitlow Judge Ralph E. Wilson, Jr. Danna J. Young Staff: Michele Glasgow Crystal Newton Cindy Westacott

Participating Schools: Berryville High School Central High School Izard County High School Jonesboro High School Marshall High School Mena High School Monticello High School Newport High School

Parkview High School Rogers Heritage High School Russellville High School Springdale Har-ber High School Springdale High School Tuckerman High School Valley Springs High School Wynne High School

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