JULY 1988

Page 27

ing the three cases; that he signed his name to numerous documents without his knowledge or authorization; that he made numerous withdrawals from the checking account of his mother's estate without his authorization; that he deposited income generated by the estate in his personal account; that he let the statute of limitations run in two cases; that he appeared in court on his behalf without his knowledge; and that he agreed to drop pending litigation and made deals concerning these cases without consulting him.

MARSHALL CARLISLE Letter of Caution Marshall Carlisle, of Fayetteville, was issued of letter of caution in February for violations of Rules 1.3 and 3.2 of the Model Rules of Professional Conduct involving diligence and the expediting of litigation. The complainant had not received child support payments from her exhusband for 18 months and hired Carlisle to obtain a court order for the payments. In October 1985, the ex-husband agreed to pay $200 per month in child support and Carlisle prepared an order which her exhusband signed. Carlisle never presented the signed order to the court. In June 1987, she learned Carlisle had never obtained a judge's signature on the proposed order.

G. B. COLVIN III Letter of Caution G. B. Colvin III, of Dermott, was issued a letter of caution in January for violation of Rule 1.3 of the Model Rules of Professional Conduct involving diligence. The complainant hired Colvin in 1984 to represent her in a malpractice suit. Colvin wrote two letters to a doctor advising him of his intention to sue in the matter. The complainant gave Colvin $40.25 for filing fees. In August 1987, Colvin returned the filing fees and gave the complainant a copy of her file which indicated that nothing had been done other than the notification to the doctor. Colvin said he did not file the suit because the complainant could not prevail. He said it is his duty not to file a frivolous claim.

JOHN F. GmSON. JR.

letter of caution in January for violation of Rule 1.3 of the Model Rules of Professional Conduct involving diligence. In a per curiam order, the Arkansas Supreme Court said that Gibson had filed a Motion for Rule, contending his belated appeal was due to a miscalculation of time by a court reporter. The motion was denied. Gibson filed a second motion, again blaming the court reporter. The appellant then filed a pro se motion, which was granted. The Court said it would not require him to continue representing the appellant since he is a prosecuting attorney. It said he was clearly at fault and remiss in abandoning his appeal.

upcoming discrimination suit.

SAM WHITFIELD. JR. Letter of Caution Sam Whitfield, Jr., of Helena, was issued a letter of caution in February for violation of Rule 3.3 of the Model Rules of Professional Conduct involving candor toward the tribunal. Judge John Pittman of West Helena filed a complaint with the Committee on Professional Conduct holding Whitfield in contempt of court for assisting with the removal of a minor child from the jurisdiction of his court in violation of the court's standing order. 0

LESLY MATTINGLY Letter of Caution Lesly Mattingly, of Jacksonville, was issued a letter of caution in January for violation of Rule 1.15 of the Model Rules of Professional Conduct involving the safekeeping of property. The complainant hired Mattingly following an automobile accident. The case was settled for $15,000, and Mattingly gave the complainant a check for approximately $3,000. Mattingly told the complainant he would hold the additional amount for 90 days in order to determine if the complainant's employer, who had paid his medical bills, had made a claim for the money. Following the 90 days, the complainant went to Mattingly and asked for the money. Mattingly told him he had spent the money but would pay him when he settled an

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Letter of Caution Prosecuting Attorney John F. Gibson, Jr., of Monticello was issued a July 19881Arkansas Lawyer/161


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