JULY 1991

Page 46

mortgage of record but he did not recall if she asked his authorization.

DISCIPLINARY

WILLIAM J. PHELPS

ACTIONS

William J. Phelps was suspended from the practice of law for a period of one year for violations of Model Rules 1.3,1.4,1.5,1.16,3.2, B.4(c) and B.4(d) as a result of several complaints filed against him. Carl Phillips stated he paid attorney Phelps $200.00 and retained his services in a probate matter in April 1990. A hearing was scheduled for May 11. 1990. Mr. Phelps did not appear at the hearing and Mr. Phillips has been unable to make contact with the attorney since that time. David Smith retained Mr. Phelps in April 19B9 to conclude divorce proceedings that had been instituted in 路1987 in Lafayette County. A reconciliation had been attempted but failed and the divorce action was never dismissed. Mr. Phelps advised his client that a dismissal would be obtained and a new action filed in Pulaski County. In the succeeding months Mr. Phelps advised Mr. Smith that a motion to dismiss was filed, a hearing scheduled before the

(CO;\;TL,UEDl court, and upon obtaining a dismissal the

complaint would be filed in Pulaski County. After the date of the purported hearing had passed and the client had received no information, he called the court clerk and discovered that Mr.

Phelps was not listed as attorney of record and that no motions had been filed. Repeated attempts to contact Mr. Phelps were unsuccessful. Ms. Sammie McCraw paid Mr. Phelps a $500.00 retainer in February 1990. to probate an estate. After about five weeks without communication from her lawyer, Ms. McCraw called his law office. She was informed that Mr. Phelps was no longer associated with the law firm. Ms. McCraw was unsuccessful in her subsequent attempts to contact Mr. Phelps.

A.J. Hixon hired Mr. Phelps to prepare a limited partnership agreement. The agreement was prepared and executed by all necessary parties. Pursuant to Mr. Phelp's advice, Mr. Hixon returned the completed documents to his lawyer for filing with the Secretary of State. After several unsuccessful attempts to communicate with Mr. Phelps, the client contacted the Secretary of State's office and discovered that the documents had not been filed. Mr. Hixon was left without the original or copies of the agreement. William Bennett retained Mr. Phelps on March 29, 1990, to petition for increased child support on behalf of his daughter. After approximately five weeks without communication from his attorney, Mr. Bennett checked with the court clerk and found that no petition had been filed. Thereafter, despite numerous attempts, Mr. Bennett was unable to establish contact with Mr. Phelps. Although being duly served with the complaints pursuant to the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law, Mr. Phelps failed to respond.

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Style E01A

WILLIAM

G.

TATE

ATTORNEY AT LAW

67 EAST 77TH STREET

NEW YORK, NEW YORK

10021

Slyle LOlA WILLIAM

G.

TATE

Rrm:

ATTORNEY AT LAW

67

EA~

I 77TH STREET

NEW YORK, NEW YORK

[] Send mo 500 lonorhoads and 500 Envolopes, styles L01A and EOIA as shown to the leh, Excelgraved:" in Black Ink. Enclosed is my check for 873.50 ($67.50 plus 86.00 for guaranteed delivery and handling). [] Send me your FREE stationery catalog for professionals. Questions? Call us toll路free 1-800-962-6434, 8:30 a.m. to 4:30 p.m., CST, Monday through Friday. Our lriendiy, well trained Customer Service Representatives will be happy 10 assist you.

10021

PHONE (212) 558-5502 FAX (212) 559-0012

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Name:

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Zip Code: The Advance Printing Company Post Office Box 1n7 Birmingham, Alabama 35201-1777

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