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October 1980 Vol. 14, No.4 This Issue Last In 1980 Series
THE OFFICIAL PUBLICAliON OF THE ARKANSAS BAR ASSOCIA liON
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Arkansas Lawyer SPECIAL FEATURES
OFFICERS Phillip Carroll, President James Cypert. President-Elect
EXECUTIVE COUNCIL Dennis Shackleford Clint Huey Webster L. Hubbell Gus B. Walton, Jr. David R. Malone Thomas D. Ledbetter Robert G. Serio LeRoy Froman Floyd Thomas, Jr. Charles Carpenter D. Mac Glover Tommy Womack
EX-OFFICIO Phillip Carroll James Cypert E. Harley Cox, Jr. Don M. Schnipper Herschel H. Friday Louis B. Jones
The Judicial Article of the Proposed 1980 Constitution Robert K. Walsh The Jones Act Remedy .......•.•.•......James A. George Wayne Boyce Law School Revisited Tax Incentives for Historic Properly .............•......H. Lawrence Yancey On the Courthouse Square A Book Review Robert S. McCord Photo Highlights-Annual Meeting Organizational Directories 1980-81 ..................•..... Fall Legal Institute. . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . • . • . . . ..
206 172 198 178 208 200 189 188
REGULAR FEATURES President's Report Phillip Carroll 170 Juris Dictum 210 Legal Economics .....•.......•.•.•.•.•.•.. . . . . . . . . . . . . .. 184 Law School News 186 Oyez-Oyez Carol Utley 212 In Memoriam 202 Executive Council Notes ....•.................W. C. Barrier 177 Service Directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 209 Lawyer's Mart .......•.....•...•....................... I.B.C. C. E. Ransick 215 Addenda W. Christopher Barrier 182 Context AICLE News Claibourne W. Pally, Jr. 204 The Arkansas Bar Foundation Sidney H. McCollum 197 Advising Innovators .............•.......Robert R. Keegan 176 Professional Ethics 214 Tax Tips Paul D. Williams 171
EDITOR C. E. Ransick The Arkansas Lawyer (USPS 546-040) is published quarterly by the Arkansas Bar Association, 400 West Markham, Little Rock, Arkansas 72201. second class postage paid at Uttle Rock, Arkansas. Subscription price to non-members of the
Arkansas Bar Association $6.00 per year and to members $3.00 per year included EDITORIAL COMMITTEE Robert T. Dawson E. Alvin Schay Cyril Hollingsworth
in annual dues. Any opinion expressed herein is that of the author, and not necessarily that of the Arkansas Bar Association, The Arkansas Lawyer, or the Editorial Committee. Contributions to The Arkansas Lawyer are welcome and should be sent in two copies to the Arkansas Bar Center, 400 West Markham, Little Rock, Arkansas 72201. All inquiries regarding advertising should be sent to The Arkansas Lawyer, above address.
October 19BO/Arkansas Lawyer/169
PRESIDENT'S REPORT by PHILLIP CARROLL
ARKANSAS BAR ASSOCIATION LEGISLATIVE PACKAGE
The forthcoming meeting of the Arkansas General Assembly in January, 1981 offers the Bar an opportunity to suggest reforms and clarifications of the law. Several of the bills that will be sponsored by the Association will be of interest to the membership. Examination of the Bar "package" will quickly reveal that these bills are not just to protect the selfish interests of lawyers, but are for the public good. The program should help combat recent criticism that Bar Associations serve only the interests of the wealthy and powerful. All members of the Arkansas Bar Association are invited to suggest legislation to be sponsored.
DISCLAIMER OF PROPERTY INTERESTS ACT. The Taxation Trust & Estate Planning Section has proposed a modification of the Uniform Act to replace Act 457 of 1973. The new Act will provide for a disclaimer of property interests passing under a non-testamentary document and conform to 26 U.S.C. ยง2518 (1976).
UNIFORM TRADE SECRETS ACT. This newly drafted Uniform Act codifies common law trade secret protection, creates a single statute of limitations for the various theories of liability and codifies the results of the better reasoned cases concerning remedies for trade secret misappropriation.
UNIFORM DURABLE POWER OF ATIORNEY ACT. This Act replaces Acts 61 of 1965 and 253 of 1975 which limit the amount of property that may be governed by noncourt regimes after incompetency or disability. It will authorize a power of attorney that will remain effective in spite of the maker's later incompetency. It will also validate postmortem exercise of authority by agents who act in good faith and without actual knowledge of the principal's death.
ARKANSAS ANTITRUST ACT. This Act, drafted by the Anti-trust & Trade Regulations Committee and representa170/Arkansas Lawyer/October 1980
tives of the Attorney General will provide state court remedies for contracts, combinations or conspiracies in restraint of trade or the establishment, maintenance or use of monopolies over trade or commerce for the purpose of excluding competition <lr controlling, fixing, or maintaining prices.
THE "LEE MARVIN" ACT. The purpose of this Act is to create a statute of frauds with regard to a contract affecting the property and financial relations of a man and woman who live together in a sexual relationship when not legally married. Its purpose is to prevent fraudulent claims or claims that are impossible of accurate determination, and to avoid long and expensive trials that clog court calendars.
THE RESIDENTIAL LANDLORD AND TENANT ACT. This is a substantially modified version of the Uniform Act drafted by the Real Estate Law Committee. It provides substantial protection for both tenants and landlords and perhaps may serve as a middle-ground that will be accepted by the Legislature in this highly controversial area.
UNIFORM COMPARATIVE FAULT ACT. I have asked the Jurisprudence and Law Reform Committee (chaired by Terry Kirkpatrick of Fayetteville) to make a recommendation as to whether the Bar should sponsor this Act. The issue may be ready for submission to the House of Delegates on September 20. Trial lawyers should study the Act and forward their recommendations to members of the House of Delegates as soon as possible. Interested persons should read Dean John W. Wade's article in Volume XIV, No.3, Winter 1979 issue of The Forum published by the Section of Insurance, Negligence and Compensation Law of the American Bar Association, p. 379. The Act would return Arkansas to the pure form of comparative fault. In case of a counterclaim, the judgments are set off. But to the extent that the benefit of a set-off inures to the benefit of an insurance carrier instead of the insured, the carrier holds that amount for the benefit of its insured.
AMENDMENT TO ARK. STAT. ยง60-412-CONTRACTS CONCERNING SUCCESSION. This proposal by the Probate Law Committee is to insure that a contract to make a will is specified in writing and that the execution of a joint or mutual will does not create a presumption of a contract not to revoke the will or wills.
UNPROBATED WILL AS EVIDENCE OF A DEVISE. This Act proposed by the Probate Law Committee provides that an unprobated will may be admitted as evidence of a devise if no probate proceeding has occurred and the devisee possessed the property in accordance with the will or the property was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
PAYMENT OF DEBTS TO FOREIGN PERSONAL REPRESENTATIVES WITHOUT LOCAL ADMINISTRATION_ This Act authorizes the payment of debts or surrender of possession of personal property to foreign personal representatives without the requirement of local administration. Payment or delivery is not authorized if a resident creditor of the nonresident decedent has notified the debtor that payment or delivery of property should not be made.
SERVICE OF NOTICE IN PROBATE MATTERS_ This Act amends Ark. Stat. ยง62-2012(c) to allow the clerk or the attorney of record in a probate proceeding to post notices by registered or certified mail.
REPLEVIN ACT. This is a comprehensive Replevin Act designed to replace all existing replevin statutes and bring Arkansas into accord with Sniadach, Fuentes, Mitchell and North Georgia. See Nickles, Creditors Provisional Remedies and Debtors' Due Process Rights, 31 Ark. Law Rev. 607 (1978).
ANTENUPTIAL CONTRACTS. This statute, modeled after a Minnesota statute, would validate antenuptial contracts where there was (a) full and fair disclosure of the earnings and property of each party, and (b) the parties have had an opportunity to consult with legal counsel of their own choice.
TAX TIPS by Paul D. Williams Director, Little Rock District Internal Revenue Service
Undelivered refund checks for some Arkansas taxpayers are waiting to be claimed. Many of these checks remain undelivered because taxpayers have moved and left no forwarding address with the U.S. Postal Service. If any of you have clients who filed timely and still have not received their 1979 tax refunds, you should advise them to contact our IRS offices. We also can assist in tracing lost or stolen checks. As in the past, it is important in all refund inquiries for your client to be able to provide names and addresses as they appear on the return, the actual names and addresses if different, the social security numbers, and the types of forms filed. And, if you are checking information on a clients return, we must have a power of attorney on file with the Austin Service Center or a written authorization from your client. Frequently, an undelivered refund check can be reissued in 4-6 weeks. The tax year for Form 2290, Highway Use Tax Return, and Form 4638, Federal Use Tax Return on Civil Aircraft, began again July 1, 1980. The Bankruptcy Reform Act of 1978 went into effect on October 1, 1979, and its provisions have had a major impact on IRS procedures for dealing with bankruptcy cases. There are several things you can do when representing a debtor in bankruptcy that will be of assistance to the debtor and to the Internal Revenue Service. 1.
Be sure to include the debtors social security number and all employer identification numbers of proprietorships or partnerships of the debtor in the bankruptcy petition.
2.
In your initial interview, be sure to ask the debtor about any Federal tax returns that have not been filed and assist him/her in getting the returns filed so a timely proof of claim can be filed by IRS. A Chapter 11 or 13 plan cannot be confirmed without all returns being filed.
3.
If the debtor has been in contact with an IRS revenue officer or the Austin Service Center, call Chyrel McCaa of the Special Procedures Staff, at 378-5967 or toll-free 1-800-482-9350, Ext. 5967, immediately after the petition is filed and she will see that collection action is stopped in accordance with the automatic stay provisions of the new Act.
4.
In preparing a plan in either a Chapter 11 or 13 proceeding, be certain provisions are made for payment of taxes that will accrue during the life of the plan.
Several revisions to the law relating to the division of property in divorce cases have been proposed by the Family Law Section but have not yet been approved by the Jurisprudence and Law Reform Committee. James R. Rhodes, III has been retained to act as lobbyist for the. Association during the forthcoming session. Joe D. Bell will serve as Chairman of the Legislation Committee which is charged with the responsibility for pushing Bar sponsored legislation and serving as a "watchdog" over legislation which affects lawyers and the courts and which is not in the best interests of the people of Arkansas. ~
October 1980/Arkansas Lawyer/l?1
THE JONES ACT REMEDY-A REVIEW OF RECENT DEVELOPMENTS AFFECTING SEAMEN'S ACTIONS-INLAND AND OFFSHORE By James A. George
Significant changes in the law affecting seamen's remedies have been wrought by recent decisions and it will be the objective of this paper to briefly discuss the effect of those decisions upon the Jones Act remedy. DECISIONS AFFECTING JONES ACT STATUS In 1903, in its landmark decision, The Osceola,' the United States Supreme Court held that a seaman could not recover from his employer for injuries caused by the negiigence of a fellow crewman. In 1920, Congress overruled the Supreme Court and passed the Jones Act, giving seamen a cause of action against their employers for the negligence of the vessel's officers and crew. The Jones Act, 46 U.S.C. 搂688, specifically incorporates the provisions of the Federal Employers' Liability Act (FELA),' which gives a right to railroad employees to recover from their employers for the negligence of a fellow servant. 1. What is a vessel? Offshore Co. v. RObison,' the oftcited 1959 decision of the Fifth Circuit Court of Appeals set the guidelines by which seaman's status is determined. In order to have the special status of "seaman" an employee must have a more or less permanent attachment to
his vessel, or perform SUbstantially all his duties aboard the vessel, and perform duties which aid the vessel's mission, or contribute to the function of the vessel or to its maintenance at sea or anchorage.' In addition, the worker must be employed aboard a vessel in navigation before he can be a seaman under the Robison test. A "vessel" has been defined as " ...every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.'" A vessel for purposes of The Jones Act is not necessarily a vessel for other purposes, such as for purposes of an insurance contract.' The requirement that a vessel be "in navigation" effectively eliminates ships which are "mothballed",' or undergoing extensive reconstruction' from consideration as vessels in navigation. The Fifth Circuit, after consistently holding that a wide variety of submersible drilling rigs, oil storage facilities, and other devices' could be considered vessels in navigation, has apparently reversed its attitude on this question. In Blanchard v. Engine Gas Compression service,"the Fifth Circuit held that submerged barges, one of which had not been moved in twenty years, and which carried no navigation lights, equipment, or lifesaving gear, and which were not registered with the
EDITOR'S NOTE: This is the third and final article in the maritime law series prepared by James A. George. "Pleasure Boats, Swimmers and Water Skiers-Recreational Accidents on Navigable Inland Waters" and "A Brief Review of the Law Governing Maritime Wrongful Death Actions Occuring on Inland Waters" appeared in the October 1979 and April 1980 issues of The Arkansas Lawyer, respectively. These articles are "musts" in a proctor's law library. Mr. George of Baton Rouge is a noted trial lawyer and expert in maritime law matters. We thank him for the privilege of printing his articles in The Arkansas Lawyer.
172/Arkansas Lawyer/October 1980
Coast Guard, were not vessels within the meaning of the Jones Act. "Mere flotation on water" was not enough to constitute a vessel, in the Court's opinion. 11 The apparent trend begun by the Fifth Circuit in Blanchard toward a more restrictive interpretation of the term "vessel" continued in the case of Leonard v. Exxon," in which the United States District Court for the Middle District of Louisiana had held that a floating construction platform moored to the bank of the Mississippi River near路 Baton Rouge was not a vessel. The Fifth Circuit affirmed, holding that a floating device neither designed for navigation nor engaged in navigation at the time of the accident was, as a matter of law, not a vessel under the Jones Act. A vigorous dissenting opinion filed by Judge Godbold noted the apparent departure from previous rulings represented by the majority opinion. 2. Who are seamen? Offshore Co. v. Robison did not signal the end of the riddle "who are seamen?"-it was only the beginning. The Courts have been very liberal in extending the protection of the Jones Act to all classes of maritime workers employed aboard vessels. Two ex-
tremely important decisions of the Fifth Circuit illustrate that Court's liberal attitude in applying the Jones Act, and its liberal attitude towards the elements of Jones Act status as they are set forth in Offshore Co. v. Robison. In Davis v. Hill Engineering, Inc.," the Fifth Circuit extended coverage of the Jones Act to a welder employed by Hill Engineering, Inc. In a case where the plaintiff was hired as a welder's helper to assist in the fabrication of pipe, the loading and unloading of fabricated structures onto a barge, and the assembly of the structures on platforms. The fabrication was done on the bank of the Intracoastal Canal near Houma, Louisiana. When the onshore phase of the operation was completed, the Hill employees, including the plaintiff, boarded the barges for the journey to the fixed platform in the Gulf of Mexico. On the trip, the plaintiff helped to wash down the barge on which he was travelling, and he continued to assist and secure the equipment and materials to the barge. He also welded two cracks in the deck of the barge at the request of the barge superintendent. The Fifth Circuit concluded that the plaintiff was permanently assigned to the vessel in that he ate and slept on the vessel, assisted in loading and unloading the vessel, and helped repair the vessel at the request of the barge superintendent. The plaintiff was thus subjected to the "hazards of the sea"," just as any ordinary member of the crew of the barge would be. The Court further found that the plaintiff's duties contributed to the mission of the barge, which it found to be a special purpose vessel used to transport men and equipment from one location to another. The concept of seaman's status was further expanded by the Fifth Circuit in its decision in Higginbotham v. Mobil Oil Corp." In Higginbotham, decedent, James Nation, was employed by Mobil on a fixed drilling platform at the time of his death, but the evidence indicated that he had spent much of his time during the two years prior to that assignment working on submersible drilling rigs, considered vessels for purposes of the Jones Act. The Court emphasized that the situs of work is not determinative of Jones Act status and observed that Mr. Nation, during the two years prior to his death, had spent all but a small fraction of his time on submersible drilling rigs.
He had been assigned to the fixed platform only as a temporary replacement for another platform worker, and every indication was that his general pattern of employment would not have changed substantially in the future. The Fifth Circuit concluded, on these facts: " ... the undisputed evidence requires a finding that Nation was a seaman despite intermittent temporary assignments to fixed platforms as the course of drilling operations required."" A recent decision of the Fifth Circuit, Longmire v. Sea Drilling Corporation," has demonstrated a restrictive view on the question of status of an offshore worker whose duties included assignments aboard a tender anchored adjacent to a fixed drilling platform. In Longmire, the plaintiff was injured aboard the tender but the evidence indicated that his principal duties were performed on the drilling platform. The Court noted that plaintiff had clearly met the second part of the Robison test in that the work in which he was engaged at the time of his injury was stowing the anchor chain as the vessel prepared to make weigh. However the Court held that plaintiff had not produced evidence tending to show that he was permanently assigned to the vessel in the following discussion:" ""'we are cognizant of our acknowiedgement in Davis v. Hill Engineering, Inc., supra, that 'the word "permanent" has never been given a literal interpretation under the Jones Act.' 549 F.2d at 327. By his own admission, however, Longmire had indicated that his primary responsibilities concerned drilling operations on the drilling rig and platform, and that most of his work aboard the tender was oniy incidental thereto. Whether Longmire performed a substantial part of his work on the tender is a harder question on the facts of this case. We said in Keener v. Transworld Drilling Co., 468 F.2d 729, 732 (5th Cir. 1972), that 'to meet the requirement of Robison that the workman "performed a substantial part of his work on the vessel" it must be shown that he performed a significant part of his work aboard the ship with at least some degree of regularity and continuity.' Thus the question of substantiality comprehends more
than a mere quantitative assessment of where the claimant spent the greater part of his working day. As we have already said, through, Longmire's primary responsibilities concerned drilling operations on the piatform. Because of the symbiotic relationship between the tender and the driliing platform in this case, Longmire's performance of those duties necessarily carried him onto the tender from time to time. In this regard the vessel was no more than a storeroom or warehouse in relation to the drilling platform, except for the fact that it was afloat rather than affixed to the seabed. Longmire's work on the tender also occasionally involved general maintenance tasks, such as cleaning and painting. These tasks aboard the tender, however, were assigned to Longmire and others on the drilling crew only when there was nothing to do with respect to the drilling operations. Longmire's assignment to those tasks was irregular and fortuitous, entirely dependent upon and subsidiary to the progress of the drilling operation. See Keener, 468 F.2d at 731; Owens, 487 F.2d at 75. This case involves an additional complexity, however, in that Longmire was injured while actually working aboard the tender. In Keener we specifically reserved the question whether a claimant's work aboard a vessel, which would otherwise be insufficient to vest him with seaman's status, would be 'sufficient to afford him seaman's status during the period of his occupation with the tasks aboard the tender.' 468 F.2d at 731. We now answer that question in the negative. The issue of an injured worker's status as a seaman should be addressed with reference to the nature and location of his occupation taken as a whole. While it is true that Longmire was injured aboard a vessel while performing a task that would normally be handled by a member of the ship's crew, he was assigned that task when there was no drilling operation as such in progress. In preparation for a move to another location, the drilling rig was discontinued on page 174 October 1980/Arkansas Lawyer/173
Jones Act Remedycontinued from page 173 mantled and the tender was about to be towed by a tug to another drilling platform. It can hardly be said that Longmire's incidental activities aboard the tender-maintenance, moving supplies to and from the drilling platform, and stowing the anchor chain-were sufficient, when viewed in the context of his entire employment as a member of the drilling crew, to amount to performance of 'a significant part of his work aboard the ship with ... some degree of regularity and continuity.' We therefore affirm the district court's summary jUdgment in favor of Sea Drilling on the issue of Longmire's seaman status." Cases decided in recent years have raised the issue whether the question of status under the Jones Act may, under appropriate facts, be decided by the Court as a matter of law and the Fifth Circuit, in a case involving "seaperson"" status, decided such issues need not always be submitted to the jury but may be decided by the Court as a matter of law. In Landry v. Amoco Production Company," the District Court found that plaintiff spent 70% of her time in vessel-related work activities as a roustabout assigned to a gas injection site operated by defendant which could be reached by boat only. Plaintiff was injured while jumping from one barge to another barge falling into the water. The District Court found that the evidence established "(1) that the vessels were in navigation; (2) that Mrs. Landry performed a substantial part of her work on vessels; and (3) that her work aboard the vessels contributed to the function of the vessels"" under the Offshore Company v. Robison test. Plaintiff moved for a directed verdict on the issue of her status as a seaman under the Jones Act after the close of the evidence in the case and the District Court denied that Motion and submitted the question to the jury. The jury found that Mrs. Landry was not a member of the crew of the vessel and her case was dismissed. On plaintiff's Motion for Judgment Notwithstanding the Verdict, the District Court denied the Motion, feeling it was bound by the jury finding. The Fifth Circuit, relying on the Robison rule and Holland v. Allied Structural Steel," considered that 174/Arkansas Lawyer/October 1980
"[t]he proper legal standard coupled with undisputed facts showing plaintiffs substantial work relating to vessels in navigation make clear that reasonable persons could not conclude that Mrs. Landry was not a seaman."" The opinion of the Court emphasized that the question of whether a person is a seaman is ordinarily resolved by a trier of fact but that: " ...the trial court may, nonetheless, enter a directed verdict where the record demonstrates that reasonable persons could not draw conflicting inferences which might lead to a different conclusion. Producers Drilling Co. v. Gray, 361 F.2d 432, 437 (5th Cir. 1966); Porche v. Gulf Mississippi Marine Corporation, 390 F.Supp. 624, 630-631 (ED. La. 1975). See Jenkins v. Aquatic Contractors & Engineers, 446 F.2d 520, 521 (5th Cir. 1971). In Producers Drilling Co., supra, we affirmed a directed verdict in favor of plaintiff's claim of seaman status because there was 'no room for conflicting inferences.' The district court in Porche granted plaintiff's motion for directed verdict and found seaman status for the decedent since reasonable persons could not have found his activity to fall outside of the Offshore Company v. Robison, test. In Jenkins, supra, summary judgment was upheld by this Court because the only rational inference to be drawn from the evidence was that plaintiff was a Jones Act seaman."24 A worker need not be connected with one vessel in order to meet the requirements necessary for Jones Act status. In Braniff v. Jackson Ave.Gretna Ferry, Inc.," the Fifth Circuit stated: "The number of vessels involved might have some bearing on a jury determination that he was or was not a seaman, but it is settled that he may be a member of a crew of more than one vessel." CONCLUSION In conclusion, it should be noted that the recent decisions including Davis, Higginbotham, Landry and Longmire, have not altered the well settled rule that persons only transitorily aboard a vessel, those who perform a substantial part of their duties on land,
and work aboard vessels only as an incident to their principal work, or those who deal irregularly with a number of vessels, are not Jones Act seamen." Additionally it should be noted that a Jones Act employer need not be the vessel owner, and that the injury need not occur on the vessel in order to be compensable under the Jones Act." Finally, this brief discussion has attempted to sketch, in bold relief, significant developments in the area of the Jones Act remedy and it is hoped that this very basic discussion has illuminated some problem areas for future and more probing analysis by those members of the Arkansas Barwho may be confronted with problems in this field. FOOTNOTES 1. 189 u.s. 158 (1903) 2. 45 U.S.C. 51-SO 3. 266 F.2d 769 (5th Cir. 1959) 4. Id. 5. 1 U.S.C. 93 6. Dresser Industries v. Adellty & Gas. Co. 01 N.Y., 580 F.2d 806 (5th Gir. 1978); West v. U.S., 361 U.S. 118,4 L.Ed.2d 161 (1959) 7. Roper v. U.S., 368 U.S. 20 (1961); Hawn v. American S.S. Co., 107 F.2d 999 (2nd Gir. 1939); 8. Desper v. Starved Rock Ferry Co., 342 U.S. 187 (1952); Seneca Washed Gravel Corp. v. McManigal, 65 F.2d 779 (2nd Gir. 1933); Producers Drilling Co. v. Gray, 361 F.2d 432 (5th Gir. 1966) 9. Offshore Co. v. Robison, 266 F.2d 769 (5th eir. 1959); Hicks v. Ocean Drilling and Exploration Co., 512 F.2d 432 (5th Gir. 1975) 10. 575 F.2d 1140 (G.A. 5, 1978) 11Id.at1143
12. 13. 14. 15.
16. 17. 18. 19.
ZO. 21. 22. 23. 24. 25. 26.
27.
581 F.2d 522 (C.A. 5. 1978) 549 F.2d 314 (G.A. 5. 1977) Id at 327 545 F.2d 422 (G.A. 5, 1977) Id at 433 610 F.2d 1342 (G.A. 5. 1980) Id. at 1346-1347. Plaintiff, Glenda Landry, was a lady roustabout and this author, mindful of being "in conformity with loday's ethos", Hardin. Workers' Compensation-An Underview, 27 Louisiana Bar Journal 145 (1979), has atlempted to use the correct terminology. 595 F.2d 1070 (5th Gir. 1979) Id. at 1073 539 F.2d 476 (5th Gir. 1976) 595 F.2d 1070, 1074 Id. at 1072 280 F.2d 523 (5th Cir. 1980) Fazio v. Lykes Bros. S.S. Co., Inc., 567 F.2d 301 (5th Gir. 1978); Holland v. Allied Structural Steel Co., Inc., 539 F.2d 476 (5thCir. 1976); Owens v. Diamond M. DrillIng Co., 487 F.2d 74 (5th Gir. 1973) Vincent v. Harvey Well Service, 441 F.2d 146 (5th Cir. 1971); Webb v. Dresser Industries, 536 F.2d S03 (5th Cir. 1976); Landry v. Amoco Production Co., 595 F.2d 1070 (G.A. 5, 1979); Guidry v. South Louisiana Contractors, Inc.â&#x20AC;˘ 614 F.2d 447 (G.A. 5.1980). ~
ON THE COURTHOUSE SQUARE IN ARKANSAS by JOHN PURIFOY GILL AND MARJEM JACKSON GILL This photographic documentary highlights Arkansas' eight-five county courthouses now in use (including one under construction). In addition, it identifies the eleven Un~ed States courthouses in Arkansas and the sixteen fonmer county and federal courthouses still standing. All 107 courthouses from the 1811 Wolf House in Baxter County to the 1980 Jefferson County Courthouse span Arkansas history. The architectural styles of the buildings range from German Romanesque Rivival to Art Deco and include a style unique to Arkansas: Arkansas Adamesque. Interior photographs and commentary include familiar features-the courthouse clock, a step up to the bar, clerk's seals and fallout shelters; as well as the unfamiliar-the reredos, a stile and county records written in Spanish.
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ON THE COURTHOUSE SQUARE IN ARKANSAS
MJG Publications 5100 Crestwood Dr. Little Rock, Ark. 72207 Please send me handling. Enclosed is $
copies of On the Courthouse Square In Arkansas at $19.95 per copy plus $1.50 for postage and
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October 1980/Arkansas Lawyer/175
ADVISING INNOVATORS by Robert R. Keegan
Perils of Inventing Benjamin Franklin once wrote "One would not, therefore, of all faculties or qualities of the mind, wish for a friend or a child that he should have that of invention. For his attempts to benefit mankind in that way, however well imagined, if they do not succeed, expose him, though very unjustly, to general ridicule and contempt; and if they do succeed, to envy, robbery, and abuse". Letter to John Lining, March 18, 1755. Ben Franklin would be disappointed today to see that notwithstanding the long history of the patent system in encouraging inventors and invention, only rarely do inventors encounter immediate reward and acclaim; it is far more usual for their role to be beset with difficulties. The subject of this article is one of the greatest hazards facing the average inventor, and it is not at all what one would expect. His greatest risk is in falling into the hands of an "invention promoter".' Advertisements of such invention promoters can be found in many magazines of mass circulation, particularly those with a mechanical or technological orientation. Such ads do not seem unreasonable on their face because it stands to reason that there should be reputable organizations to develop and promote inventions of the average inventor for their mutual benefit. The fact of the matter is that there are virtually no organizations who will develop and promote the average Inventor's invention, and to the exlent that reputable invention development organizations exist, they do not advertise in the mass communication media. What then of the advertising which one sees directed to inventors with representations such as: 176/Arkansas Lawyer/October 1980
IDEAS-INVENTIONS Patents Marketed-Developed Manufacturer's Representative U.S. Patent Office Searches Send for Free Invention Certificates
INVENTORS! We will sell or license your invention, either before you do, or we Will pay you a cash bonus.
INVENTIONS, IDEAS, innovations wanted for cash sale or royalty compensation. Exclusive access to manufacturer contacts. Send for FREE INVENTION INFORMATION KIT.
Ads such as the above can be readily identified as probable come-ons for an invention promotion scam. It has been estimated by the Federal Trade Commission that over a hundred million dollars a year is extracted from inventors by fraudulent misrepresentations of invention promoters. How does the scam operate? First of all, there is advertising as exemplified above from which the leads are obtained. Often a relatively small sum will be requested at first for an evaluation of the invention in respect to patentability, marketability, ease of manufacture, etc. In fact, no realistic patentability evaluation is made although a few patent cQpies from a more or less relevant patent classification file may be provided. There is no record of the invention promotion scam ever finding any submission, however ridiculous, to be unpatentable, impractical, or unmarketable. All submissions are, to a near certainty, going to make the inventor millions of dollars-if he retains the services of the promoter to develop, promote and license the invention. The usual cost quoted for
such services is more than $1,000.00, and sometimes substantially more. Hesitancy to fork over this substantial sum of money is overcome by phone calls which pursuade the in路 ventor that he (or she) would be literally throwing away a fortune not to proceed. In fact the invention promoter has no intention of doing more than putting together a very brief illustration and description of the invention and sending a few dozen copies to a readily available mailing list of manufacturing or marketing companies. A clever ploy of the invention promoter scam is to contract with the inventor that the invention promoter will also get a small percentage (e.g. ten percent) of any invention royalties as compensation. This pursuades the inventor that the invention promoter's organization materially profits from a small share of his clients' vast invention royalties or sales. In fact, the invention promoter profits only by charging one, two, or three thousand dollars for services which are worth virtually nothing and cost him perhaps $100.00. For example, in proceedings against one Lawrence Peska, the record shows that of 4,200 clients only seven received more back from royalties than they had paid to Peska for services. The record in the Raymond Lee Organization matter showed that the better than break-even inventors were three out of 30,000.' Of course when he can tap 30,000 inventor clients for about $1,000.00 each, a licensing success rate of .0001 will not disturb the invention promoter too mUCh. . Unfortunately, an attorney recognizing the scam for what it is will sometimes be unable to convince a client that he is in all likelihood throwing his money away, and if in fact he receives no services of value, there is no practicontinued on page 177
EXECUTIVE COUNCIL NOTES by W. Christopher Barrier Secretary-Treasurer
HOUSE OF DELEGATES HIGHLIGHTS The principal business before the House of Delegates-rneeting at the Annual Meeting in Hot Springs on June 7, 1980,-was transition. Outgoing President Harley Cox reported on and called for reports on a number of matters of continuing interest to the Association, including, among others, the judicial poll, specialization, continuing legal education, the Arkansas Bar Center, the Arkansas Bar Foundation, and ethical and pUblic service matters. Mr. Cox also reported on the long-range planning conference held at the Red Apple Inn this spring and emphasized the need for such sessions on a regular basis. The budget and financial data were reviewed and approved and new members accepted. A proposal for a special dues schedule for retired members was deferred due definitional problems in determining when, in fact, a lawyer was "retired." Looking to the future, the delegates reviewed the Association's legislative
package, some of which had to be deferred for consideration by the Executive Council at its August 23 meeting. New members of the House of Delegates were announced as well as new members of the Executive Council. Chris Barrier, of Little Rock, was elected Secretary-Treasurer of the Association and President Phil Carroll announced that Don Schnipper of Hot Springs would serve as his Executive Council Chairman. Minutes Of A Meeting Of The Executive Council Arkansas Bar Association Hot Springs, Arkansas June 7,1980 The Executive Council of the Arkansas Bar Association met at the Arlington Hotel at 11 :00 a.m. on Saturday, June 7, 1980. Present were Council members, Louis B. Jones, Jr., Tommy Womack, Floyd M. Thomas, Jr., David Malone, Mac Glover, Gus B. Walton, Jr., Charles L. Carpenter, Thomas D. Ledbetter, President Phillip Carroll, President-Elect Jimmy Cypert, Executive Council Chairman Donald
M. Schnipper, Executive Director C. E. Ransick, and W. Christopher Barrier, Secretary-Treasurer. President Carroll generally discussed the schedule of meetings for the Council, tentatively suggesting August 23, 1980, as a time for a meeting, at which the principal order of business would be a discussion of the remainder of the Association's legislative package. President Carroll also suggested forming a representative group from each bar district, with whom he could remain in contact during the legislative session, as repeated meetings of the Council would be impractical. Colonel Ransick suggested that Mr. Carroll meet with as many Association committees as possible as a means for stimuiating committee activities. President-Elect Cypert also plans on attending as many such meetings as possible, for purposes of transition. There being no further business, Chairman Schnipper adjourned the meeting.
Advising Innovators,
licensing agreement of the idea/invention. Such a padded and vague description of the services is followed by a number of reservations, such as "the number and selection of manufacturers or distributors contacted in his behalf will be at the discretion of Company... Client agrees that this agreement is not to be construed as a guarantee of manufacturing or distribution by the Company". The contract is really quite a work of art in presenting an impressive appearance without obligating the company to do much of anything. No doubt a great deal of work goes into the advertising, sales brochures, contracts, form letters, and other tools used in the invention promoter scam. It is apparently a lot more profitable to
sell figmentary invention promotion and licensing services than the stock in trade of the con-man of by-gone days, such as movie contracts, submarine real estate, or the Brooklyn Bridge.
continued from page 176 cal remedy which the lawyer can provide (nor can anyone else). Some inventors will insist on falling prey to the invention promotion scam no matter how well warned.' For readers who have not encountered potential victims of invention promoter fraud, hopefUlly the description herein will make it more easily recognized when it is encountered. A characteristic of the procedure is that the "contract" is full of impressive language such as: Company agrees to... Conduct preliminary conceptual design stUdies of the idea... prepare a written report evaluating the marketability of the idea/invention... prepare a sales presentation portfolio for the purposes of negotiating a sales or
I.....
Copyright 1980 Robert R. Keegan FOOTNOTES California Assembly Bill No. 485, Patent Trademark Copyright Journal, Oct. 30, 1975. p. D-1. Paul S. Shemin, "Idea Promoter Control: The Time Has Come", 60 Journal of the Patent Olllee Society 442, April, 1978: New York Lew Journal, March 30, 1978. , G. Udell; M. O'Neil, "The FTC... Against In路 vention Promoters", 58 Journal of the Patent Olllee Society 442, July 1976. 3 Fanning, Patricia. "Invention Promoters", National Observer, March, 1975, p. 8. ~
October 1980/Arkansas Lawyer/l77
TAX INCENTIVES FOR HISTORIC PROPERTY by H. Lawrence Yancey
INTRODUCTION
The 1976 Tax Reform Act ("the 1976 Act") and the Revenue Act of 1978 ("the 1978 Act") enacted significant changes to federal income. estate and gift tax law. Many of the changes have been well publicized and most attorneys are generally aware of the areas in which the changes occurred. However. one of the lesser publicized changes is the federal income tax treatment available for historic property. This change provides significant benefits for investors in real property. Prior to the 1976 Act, no method of accelerated depreciation was allowable to an investor in used commercial real property and only a modest accelerated depreciation method (125% declining baiance) was allowable to an investor in used residential real property. The 1976 Act allows alternative accelerated depreciation methods or five years amortization for investors in historic property. Certain disincentives were also enacted by the 1976 Act. Demolition of certified historic structures is discouraged by disallowing deductions that can normally be taken for expenses incurred in demolition. Additionally. accelerated depreciation is denied on a new structure that has been erected on 178/Arkansas Lawyer/October 1980
the site of a demolished certified historic structure. The 1978 Act allows an Investment Tax Credit ("ITC") to encourage the rehabilitation of older commercial buildings. This provision is significant in that the ITC is generally not available for investments in real property. Another tax incentive available for owners of historic structures is a charitable contribution deduction. This can be a contribution of less than a full interest in qualifying real property, such as an easement or lease.
AMORTIZATION AND ACCELERATED DEPRECIATION In order to qualify for amortization or accelerated depreciation. a building must be a certified historic structure and subject to depreciation. A certified historic structure is one that is either listed on the National Register of Historic Places or located within a registered historic district' and certified by the Secretary of Interior as being of historic significance to that district. A building is subject to depreciation if it is used in a trade or business or held for the production of income. Accelerated depreciation and amortization are available only to build-
ings on which the rehabilitation has been certified by the Secretary of Interior as being consistent with the historic character of the property or district in which the property is located.' Rehabilitation must be distinguished from mere reproduction or reconstruction of the property because neither accelerated depreciation nor amortization may be elected regarding the latter. A two-part Historic Preservation Certification Application must be completed in order to obtain certification. The application will be reviewed by the State Historic Preservation Officer and then forwarded to the Secretary of Interior who has the ultimate responsibility for certification. Section 191 (a)' allows a taxpayer to elect to amortize the expenses of rehabilitation of qualifying property over a period of sixty consecutive months. Amortization is applicable only to rehabilitation expenses and not to any capital costs incurred for the initial acquisition of the property. Amortization will begin upon the completion of work and payment of the rehabilitation expenses or at the time the building is placed in use. whichever occurs last. If the rehabilitation is accomplished in different phases. a new amortization period will be allowable for each phase.
Owners of a fee simple interest in qualifying property, life tenants, owners of joint or undivided interest in qualifying property and lessees of qualifying property (if the remaining term of the lease equals or exceeds a period of thirty years) may elect the amortization provisions. Partnerships, estates and trusts are also eligible to elect the amortization provisions. Generally, a subsequent owner of historic property is not eligible to elect the amortization provisions but a transferee from the owner of qualifying property may elect the amortization provisions if the transferee acquires ownership of the qualifying property from an owner who rehabilitated the structure before it was placed in use. Certain administrative requirements must be met to exercise the amortization election. A check-off is provided on line 6a, Schedule E, Form 1040 indicating election of the amortization provisions. Additionally, a copy of the letter of certification from the Secretary of Interior relating to each rehabilitation must be submitted with the income tax return on which an election is made. If final certification of rehabilitation has not been received, a copy of the first page of the application for certification of the rehabilitation work must be attached to the return. The amortization election may be made only once and, if terminated with respect to any qualifying property, will not again be allowable with respect to that property. Section 167(0) allows a taxpayer to elect to treat qualifying historic property as though the taxpayer was the original user. Thus, it allows a taxpayer to take an accelerated rate of depreciation not in excess of 200% declining balance on residential real property and accelerated depreciation at a rate not to ex-
ceed 150% declining balance for commercial real property. Qualifying property and qualifying rehabilitations for the accelerated depreciation election must meet the same standards and are subject to the same restrictions as property that qualifies for the amortization election discussed above. No final regulations have been promulgated regarding the accelerated depreciation election. However, such election should be made with the same check-off as the amortization election and by attaching a statement to the income tax return setting forth all pertinent information regarding the qualifying property. The basis of the property on which the accelerated depreciation election has been made includes the initial acquisition cost of the building plus expenditures for certified rehabilitation. Unlike the Section 191 election, the Section t67(0) election requires that the rehabilitation expenditures exceed the greater of the adjusted basis of the qualifying property before rehabilitation or $5,000. The rehabilitation expenditures must also occur within a twenty-four month period. Two caveats apply to the benefits bestowed by Section 191 and 167(0). Upon the sale of any property for which either election has been made, recapture income (ordinary income) will be applicable to the extent that the accelerated depreciation or amortization deductions taken exceed the amount of deductions that would have been allowable had the property been depreciated on the straight line depreciation method. Also, the amount of all annual deductions taken for accelerated depreciation or amortization that exceed the deduction that would have been
allowable under the straight line method of depreciation will be considered as an Item of Tax Preference within the meaning of Section 57 and, thereby, subject to the minimum tax imposed by Section 56. Both of these provisions are also applicable to investors in newly constructed real propperty and are considerations that must always be addressed when investing in either newly constructed real property or historic property.
DISINCENTIVES Generally, if a taxpayer acquires a building and demolishes it, the demolition costs are deductible. However, if a taxpayer acquires a certified historic structure,' Section 280B denies the deduction for demolition costs. This unfavorable treatment can be avoided by obtaining certification from the Secretary of Interior prior to demolition that the building is not of historic significance to the district. Such certifications may also be obtained from the Secretary of Interior after demolition if the taxpayer will certify that, in good faith, he was not aware of the pre-demolition certification requirement. Another disincentive is provided by Section 167(n). Only straight line depreciation is allowed for any real property replacing a certified historic structure. This restriction "runs with the land" and is applicable not only to the taxpayer that constructs the replacement building, but also to any subsequent owner of the replacement building or any building constructed after the replacement building. Although the restriction "runs with the land", there are no provisions requiring such to be evidence on documents of title. Therefore, the possibility exists that a subsequent continued on page t 80
H. Lawrence Yancey is a member of House, Holmes & Jewell of Little Rock. J.D., U. of A., 1976; LL.M. (taxation), N.Y.U., 1978. PAD.; Blue Key; Sigma Nu. Monitored House Ways & Means Policy Oversight Subcommittee Meeting on Tax Incentives and Disincentives for Historic Property. Principal lecturer at Seminar on Tax Incentives and Preservation, sponsored by the Arkansas Historic Preservation Program, November t 979. Member; American, Arkansas, Missouri and Pulaski County Bar Associations.
\ October 1980/Arkansas Lawyer/179
Tax Incentives, continued from page 179 land owner, with no knowledge that a certified historic structure existed on the site, will be subject to this provision. The Section 167(n) restriction may also be defeated by a pre-demolition or post-demolition certification that the building was not of historic significance.
INVESTMENT TAX CREDIT Section 48(a) (1) (E) specifically lists expenditures for the rehabilitation of a qualified building as being eligible for the ITC. Section 48(g) defines eligible property as a building that has been placed in use before rehabilitation and 75% of the existing ex1emal walls are retained in the rehabilitation. Also, the building must be at least 20 years old and, in the future, twenty years must have elapsed since the date of the last rehabilitation for which the ITC has been claimed. Rehabilitation improvements that have a useful life of five years or more are qualified rehabilitation expenditures for purposes of the ITC. The cost of acquiring a building and any costs for enlarging an existing building will not qualify for the ITC.
The significant aspects of the ITC are: (1) the structure must be a commercial building (residential rental real property will not qualify), (2) Section 167(0) accelerated depreciation election may be utilized concurrently with the lTC, (3) the Section 191 (a) amortization election may not be used concurrentiy with the lTC, (4) the qualifying expenditures will be treated as new property for ITC purposes, and (5) a building does not have to be listed on the National Register in order to take advantage of the ITC and, in most cases, it is not necessary to have the rehabilitation work certified by the Secretary of Interior. The only situation in which certification is necessary is when the taxpayer has a commercial building in a historic district, or individually listed on the National Register, and he intends to elect accelerated depreciation with the ITC. The amount of the credit available will be 10% of the qualifying rehabilitation expenditures if the useful life of the rehabilitation improvements is at least seven years; if between five and seven lBO/Arkansas Lawyer/October 19BO
years, the amount of the credit will be 10% of 2/3 of the rehabilitation expenditures. As in all cases where the fTC is claimed, it is subject to recapture. Usually, if the property is held for seven years after the ITC is claimed, no ITC recapture will be incurred.
CHARITABLE CONTRIBUTION DEDUCTION Generally, a charitable contribution deduction will not be allowed for a contribution of less than the entire interest of the contributed property. Section 170(f)(3)(8) allows a charitable contribution deduction for the contribution of a lease, option to purchase or easement on real property if such is granted in perpetuity to a public charity or governmental unit and used exclusively for conservation purposes. The valuation of the charitable contribution is determined by the difference between the best use fair market value of the property before contribution and the fair market value after contribution.'
The most common technique utilizing this incentive is the contribution of a facade easement on a historical building. The easement provides that the facade of the building will never be altered to the extent that the architectural or historical significance of the building would be impaired. This is an effective devise to obtain a significant charitable contribution deduction and maintain full usage of the building. The granting of an interest in property for preservation or conservation purposes is specifically authorized in Ark. Stat. Ann. §50-1201 (Supp. 1979).
CONCLUSION The use of the tax incentives for the rehabilitation of older structures has proven to be a viable economic tool. Since 1978, over seven million dollars have been invested in 22 projects in Arkansas that have utilized the tax incentives'. Almost every city in Arkansas has structures that are eligible to utilize some portion of the tax incentives.
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Tax consequences must always be considered for an investment in real property so that the investor may ascertain his return on capital net of income taxes. Investments in historic property are no different. Depending on the individual circumstances, the tax incentives may make an attractive investment in historic property even more economically feasible by providing a rapid recoupment of rehabilitation expenses. Proper planning will allow an investor to make full utilization of the available incentives and be prepared to face the issues of recapture and minimum tax before entering a transaction. On the other hand, an investor who is contemplating the acquisition of depreciable real property that qualifies as a certified historic structure must pay special attention to the disincentives. All of the disincentives and all of the incentives, except the ITC election, are scheduled to terminate on or before June 15, 1981. (The ITC election does not have a scheduled termination date.) However, legislation is presently being considered by Congress that will allow the continuance of these incentives and disincentives. It is probable
that all, or some, of these incentives and disincentives will become permanent fix1ures in tax law. Many refinements have been proposed on the incentives and disincentives and it is too early to speculate which refinements will be enacted.' The intent of this article has been to give general information on this subject. Consultation with a tax specialist is encouraged before an investment is made in any property that may involve the issues discussed.
FOOTNOTES 1. A registered historic district is one which is either listed on the National Register of His路 toric Places or designated under a state sta-
tute or local ordinance that has been certified
The SHPO strongly recommends that rehabilitation plans be submitted to her office prior to the commencement of work on the project.
3. All citations are to the Internal Revenue COOe of 1954, as amended, unless stated other路 wise. Final regulations for 搂191 have been adopted by Treasury Decision noo, Fed. Register, June 6, 1980. 4. See definition of certified histork: structure provided in the discussion of amortization, supra. 5. Aev. Au!. 73-339, 1973-2 C.B. 68. 6. Testimony of Ms. Joan Baldridge. Arkansas State Historic Preservation Officer, before Senate Subcommittee on Energy and Renewable Resources of the Senate Committee on Energy and Natural Resources, April 17, 1980.
by the Secretary of Interior.
7. Any comments regarding the re路enactment or 2. Certification of the rehabilitation will be made pursuant to Standards of the Department of Interior for Rehabilitation Projects. The State Historic Preservation Officer ("SHPO"), who should be contacted regarding aU maUers pertaining to certification. is: Ms. Joan Baldridge Arkansas Historic Preservation Program Continental BUilding-Suite 513 Little Aock, AA 72201
revisions in tax incentives or disincentives should be sent at: Honorable Daniel Rostenkowski, Chairman Subcommittee on Select Revenue Measures Longworth House Office Building-Room 1031 Washington, D.C. 20515 " " '
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October 1gOO/Arkansas Lawyer/181
CONTEXT By W. Christopher Barrier
PROTECTING AN ENDANGERED SPECIES IN THE "STAR WARS" ERA There is a trend in the medical profession whereby doctors are trained specifically for small-town, family practice. My impression is that the practitioners learn to deal with the wide range of relatively common, easily-treatable ailments. They learn to be diagnosticians, and to refer diseases they cannot handle to specialist in larger cities. When the patient completes his treatment, surgery, etc., in the larger city, the home-town doctor does the follow-up treatment and observation. Of course, small-town lawyers, especially solo practitioners, should do essentially the same thing. After all, you can't establish a 17-man law firm in Melbourne with all that hardware, looseleaf services and so forth. You simply will have to talk to people, identify their problems, and then refer on these problems to other lawyers better equipped to handle them, except for pretty simple stuff.
Objection! Now, wait a minute. Isn't a lawyer a personal representative of the client? Isn't that client entitled to repose his or her trust in a single lawyer, whenever possible? Aren't many cases particularly local, like probate, real estate, adoption and divorce? Aren't people in small towns entitled to quality legal services at a reasonable cost? And, in terms of making a living, aren't you ethically limited with reference to referral fees? Yes, to all the above. The goals of all lawyers are the same: to (a) deliver quality legal services, (b) at a reasonable cost, (c) while making a good living. They are the same whether you practice in Little Rock or Rector, Pine Bluff or Piggott, Fort Smith or Smackover. (If you do not practice in certain highly technical areastaxation, securities, antitrust-you have to refer the work anyway, whether it is to a partner or another lawyer, regardless of where or how you practice. A real esta,te lawyer in a large urban firm has no more business doing pension plans than a small-town solo practitioner, even though he or she may have the advantage of at least keeping the business in the office. One difference may be that the solo practitioner cannot afford some of the inefficiencies that the city partner can.)
Three basic tools Attaining those goals, however, requires some effort and preparation. The speakers at the Annual Meeting in Hot Springs in June seemed to agree that there are three basic 162/Arkansas Lawyer/October 1960
tools to use: (1) Technology; (2) Team Concept, and (3) Systems. Applying these tools to the small-town, solo practitioner may require some extra thought, but my own belief is that these tools may offer even more rewards to this lawyer than any other. 1. TECHNOLOGY-As I have mentioned in a previous column, the first really imaginative use of word processing equipment and xerography I observed was in a one-man office in a small town in northeast Arkansas. As a solo practitioner has no one to cover for him when he's out of the office, and no partners to shift work to in order to smooth out the inevitable peaks and valleys in workload, he may be in the greatest need of the flexibility good word processing can provide. For example, an afternoon of dictation can keep an operator busy the next morning while he's in trial-to be reviewed and revised at noon-and completed while he's gone that afternoon. Deadlines simply become more manageable.
Keep your Smith-Corona Of course, equipment must be serviced (don't throw out your old typewriters). Pin down the salesman in this regard and, most important, talk to other similarly-situated lawyers. See what their experience has been with service and performance on various types of hardware. Frankly, when you first get into word-processing, it is probably just as well to avoid being too innovative in terms of acquiring the very latest in equipment, or structuring particular uses. And word processing equipment salesmen are nice guys, but notoriously slow to grasp the needs of particular offices, especially small ones. You have to teach them. Lawyers resist acquiring word processing equipment (and other mechanical aids) for various reasons. Part ot it is simple attachment to familiar ways and means for doing things. Years ago, the television series "Star Trek" portrayed a lawyer in the age of space travel. He rejected mechanized research, preferring the look and feel of "real law books." Lexis and Westlaw bring his point home viVidly. However, sentimentality is a somewhat expensive luxury.
More bang for your bucks Often, solo practitioners simply consider the newer equipment "too expensive." To overcome this, they should again consult their colleagues, especially with regard to cost-effectiveness. They may discover that the equipment is cheaper than hiring more people, and pays for itself in in-
given instructions, written in modilications, or simply filled in the blanks. This can be done with any Irequently used documents, including letters. Not only will this improve your product and efficiency, but will get you ready lor word processing equipment and show you what uses you can make 01 it, without committing you to its purchase. Rational time records are also an important type 01 system (and one that that high school student can handle, along with your library and liling). Even il you never charge by the hour, you have got to know whether you're getting a reasonable retum on your time. II you're not, in a particular area, the case lor more systematization may be even stronger.
creased productivity. Further, it may thus reduce (but not eliminate) the problems 01 scarce secretarial personnel encountered in small towns. 2. TEAM CONCEPT-0bviously, the need lor trained personnel remains. The solo practitioner can analyze the tasks he performs. By building a team to perform them, he can (a) increase productivity, (b) attract more business, and (c) make clientsleel they're getting more, not less attention. A quick survey 01 most towns will tum up intelligent women whose children have started school and who would like to work. Acute stenographic skills may not be required, nor rigid hours, instead simply an ability to lollow instructions. Several bright, part-time workers, happy in their jobs, help spread the word as to your abilities in the community. They can do lactual investigations, summarize depositions, and interview clients, especially in estate planning. Two lawyers I know in Sardis, Mississippi, consider their managing assistant such an integral part 01 their team that she is listed on their letterhead!
Throwbacks or frontlines? Specialists in most prolessions tend to view their general practitioner colleagues as relics 01 a horse and buggy era. This attitude 01 superiority may itsell engender an unwillingness on the part 01 the GP's to use the tools the specialists take lor granted. But, the standards 01 performance set by these specialists bring increasing pressures to bear on the general practitioners, and make adoption 01 their methods imperative. Small town, solo practitioners can produce quality legal products, at reasonable cost, with an adequate return. (They now tend to do the lirst two at the expense 01 the third, which they cannot do indelinitely.) Technology, judicious use 01 more lay personnel, and systems can enable small-town general practitioners to compete effectively in most areas with their urban counterparts, and continue quality personalized representation. IIttley do not accept the challenges posed by increasing specialization and technical advances, they risk lunctional extinction. When that occurs, they, their clients, and the prolession as a whole will be the poorer lor it. ' "
Two for the price of one Clients then know at least two people, not just one, are conceming themselves with their lile. The lay assistant is generally more accessible than the lawyer, who, once again, may be out trying cases when the client calls. Legal research may be a problem if you don't live near a law school, but il you can schedule large blocks 01 research lor summer months, summer clerks are a bargain in a buyer's market. The law schools have research programs to help out between summers. And attention to available CLE programs can polish or add needed skills. (Only 20% 01 Arkansas lawyers attend in a given year.) Again, the question is cost effectiveness. People cost money. But, il you can have a high school student do alter school things the lawyer would otherwise be doing lor himsell (but can't charge lor), client, lawyer and student all win. 3. SYSTEMS-The secret to optimum use 01 non-lawyer, semi-stenographic personnel and word processing equipment is systems, including those lor office procedures, such as the Arkansas Law Office Manual. The Arkansas Bar Association has valuable systems in probate, wills, workers compensation and others.
Don't buck the system Systems also encounter resistance. Lawyers want to hand-tailor their work. ThaI's line, says Sam Smith, chairman 01 the American Bar Association's legal economics section, but thaI's like tailormaking a suit-you price yoursell out 01 reach 01 most 01 your clients. II you must trim and alter, most systems can at least provide a starting point that you can work with. Others worry that by concentrating on the usual, systems encourage you to overlook the unusual. By thinking through each matter, the lawyer supposedly catches the exceptions. However, I suspect the reverse is true. The systems cite pertinent statutes, encouraging you to review the law again. By setting out the usual, to which you can compare your present case, the exceptions are made even clearer. Finally, there is really more room lor error in a tailor-made product than in a standard product with well-tailored alterations. Remember, everyone's goal is quality, consistent quality.
Hardware not required By the way, systems don't require word processing as such, as your secretary can lollow lorms as to which you've
Q
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"Dear Uncle Jed: Since you retired and moved to Florida, the practice of law here in Quiet Corners has changed a mite. .. " October 1980/Arkansas Lawyer/l83
LEGAL ECONOMICS By: John P. Weil ALTMAN & WElL, INC. Management Consultants Ardmore, PA and Orinda, CA
LAW OFFICE ACCOUNTING BASIC REQUIREMENTS AND BENEFITS A good accounting system and the timely generation of sound management information are vital to the success of almost any business. Law firms are no exception. For lawyers to run their business properly, they must know more than just how much money the firm has in the bank, and what totals of income and expenses are needed to file tax returns at the end of the year. Our consulting experience in working with hundreds of law firms has shown that, in general, firms which produce good financial information operate far more profitably than those which do not. Like other businessmen, lawyers can channel the direction of their practice in profitable directions, and can avoid or improve unprofitable areas once the right information is available for management. From a business viewpoint, the profession of law has much in common with most other types of commercial endeavors. In a service business or a professional practice, the effort, measured by time, of persons who provide services to customers or clients is the principal commodity in which the business trades. In law practice, the time of the professional and paraprofessional staff must be accounted for just like inventories of goods must be monitored in a conventional business. This requires that: a. The production of goods (time worked on behalf of clients) be known and controlled. b. The amount of goods which the business has in inventory
("work in process" or unbilled time inventory) be known for each client and for the firm as a whole. c. The dollar amount for which goods are sold be compared with the production costs of goods to determine whether any line of products is profitable or unprofitable. In law practice, the 1B4/Arkansas Lawyer/OCtober 1980
amount which is billed for each lawyer's time must be compared with a standard hourly time value to show which cases are profitable and which are not. More conventional financial information also is a necessity. This includes data on accounts receivable, accounts payable, operating expenses in comparison to budgeted goals, etc. Financial information must be produced with sufficient frequency and timeliness to permit management to react quickly when data shows that some corrective action is needed. For most law firms, financial information should be produced on a monthly basis. If the information is more than one or two weeks old by the time it is available for management, its value will be substantially diminished. Yet, many law firms do not receive financial statements until four to six weeks after the close of an accounting period. Such delays occur more frequently if the information is provided by an outside accountant rather than the firm's own accounting staff. With a proper bookkeeping system, financial information should be available no later than one week after an accounting period is ended. At this time, it also is essential that management review and evaluate the information to see whether financial objectives are being met, and whether any corrective actions are required. The best management information system has little value if lawyer management does not take time to review and act on the information. The best way to insure such a review is to schedule regular meetings of a finance committee (or other appropriate committee) to review the latest management and financial reports. Many lawyers are under the mistaken impression that good management information for a law firm can be produced only with a sophisticated compu-
ter system or a relatively large accounting staff. This misconception has been supported by data service bureaus and vendors of computer systems for law firms. The truth of the matter is that only in unusual circumstances can a computer system be cost justified for small law firms. At the same time, one competent bookkeeper, aided by a properly designed accounting system, often can handle the accounting chores for a firm of 15 or more lawyers. This, of course, is exclusive of timekeeping functions and the actual composition or typing of bills for clients. A proper accounting system for a law firm should include the following elements: 1. Client ledger(s) for each matter which provides up-to-date information on time devoted to the client or case, cost advances, billings, receipts, and current balances for unbilled time, unbilled cost advances, billed cost advances, and outstanding fees. In all but very small firms, separate client ledgers should be maintained for time and for financial transactions with or for clients. 2. A system of journals which summarize all financial transactions of the firm. Usual journals include a check register (disbursement journal). billing journal, and a cash receipts journal. Better systems also include journals which summarize charges to clients which do not involve direct cash disbursements (telephone, photocopies, mileage, etc.) and journals which summarize all write-off activities of the firm. 3. A system of keeping accurate track of client's trust funds. Usually this is accomplished with a separate trust disbursement journal and separate trust
ledger cards (or a distinct section on client financial ledgers). 4. A general ledger to record monthly total charges to various accounts and to provide overall accounting controls. Firms which must rely on manual accounting systems should take advantage of the efficiencies and improved accuracy provided by pegboard or "one-write" systems: Such systems generally require only 50% to 70% of the time required by old-fashioned mUltiple-entry systems. Also, they have the added advantage of eliminating many common causes of bookkeeping errors and of forcing bookkeeping to be up-to-date. There are several good commercial pegboard bookkeeping systems available which have been specifically designed for the legal profession. Vendors include: Safeguard Business Systems, Inc. The Reynolds & Reynolds Company Automated Business Systems, Division of Litton Industries Shaw-Walker Company Burroughs Corporation In purchasing such systems, it is important to recognize that the proper installation of such a system requires consideriJ,ble support from any individual who is experienced in their use. Many sales representatives of companies that sell pegboard bookkeeping systems lack the necessary experience. Therefore, lawyers are well advised to check iocal user references before purchasing and installing a pegboard system. Good accounting and the generation of proper management information are weak areas in many law practices. Yet, these are areas which can pay large dividends in improved profitability if proper upgrading can be effected. Most law firms would be well advised to make a critical review of their accounting procedures, accounting controls, and management information reporting.
f... . .
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LAW SCHOOL NEWS Assistant Dean James K. Miller Assistant Dean Ellen Brantley
SCHOOL OF LAW, UNIVERSITY OF ARKANSAS, FAYETTEVILLE The Rose Law Firm in Little Rock has donated $10,000 to the University of Arkansas Foundation. The $1,500 annual income from this gift is earmarked as a scholarship grant for the person who serves as editor-in-chief of the Arkansas Law Review. Ted Yates of Ozark and his mother, Ms. Mary Yates, have contributed $1,500 to establish a Jack Yates Memorial Scholarship Fund. James E. Baine, of EI Dorado, and the Murphy Oil Company have provided an additional $1,000. The income from this fund will be used to provide scholarships for outstanding members of Delta Theta Phi Law Fraternity. Dr. Robert A. Leflar has received the American Judicature Society's highest honor, the Justice Award. The award is given periodically to "individuals who have made significant contributions nationally to the cause of improving the effective administration of justice." The law school sponsored the Arkansas Trial Advocacy Institute conducted in Fayetteville August 4-7. Faculty members were Judge William H. Enfield, Judge John R. Lineberger, Robert L. Jones, Jr., of Fort Smith, William B. Putman of Fayetteville, Professor William L. Bost, Jr., University of Arkansas and Professor Ronald L. Carlson, Washington University. The University of Arkansas School of Law and the University of Texas Law School are co-sponsoring a fUll-day program on recent developments in Insurance Law. The program will be offered at the University of Texas Law
School School Auditorium in Austin on Monday, Sept. 1 and in Fort Smith at the Sheraton Inn on Friday, November 14. The program panel includes Sid Davis of Fayetteville, Professor Wylie Davis of the University of Arkansas, Professor Eric Holmes of the University of Georgia Law School, Buddy Sutton of Littie Rock, and Professor Bill Young of Columbia University Law School. Professors Davis and Young have recently completed work on a new edition of an Insurance Law Casebook for Foundation Press. Professor Irving Younger, in a live appearance co-sponsored by the University of Arkansas School of Law and the National Practice Institute, will present a full-day program on trial techniques. The program will be presented in Little Rock on Friday, October 31, at an auditorium on the University of Arkansas medical Sciences Campus. Professor Younger is now Samuei S. Leibowitz Professor of Trial Techniques at Cornell Law School. His video-tapes are used in trial advocacy courses around the country. Dean David Epstein's recent speeches include bar review lectures in Chapel Hill, Winston Salem, Washington, D.C., Baltimore, Atlanta, Denver, Chicago, Austin, Dallas and Houston, participation in Practicing Law Institute Programs in New York and Los Angeles, and a Law Day speech to the Clay-Greene Counties Bar Association. He has completed an article on Chapter 13 of the Bankruptcy Code for publication in the Washburn University Law Journal. Professor Jake Looney has joined
the faCUlty as Director of the Law and Agriculture Program. He has a law degree as well as graduate degrees in agricultural economics and animal nutrition. He is generally recognized as one of the leading authorities in the area of law and agriculture. He serves on the editorial board of the Agricultural Law Journal, is a featured speaker at ALI-ABA continuing legal education programs on law and agriculture, and has written numerous articles on agricultural legal problems. Professor Howard Brill, who received the first annual Outstanding Professor Award presented by the University of Arkansas Student Bar Association, taught Remedies this summer at the University of North Carolina. Law Librarian George E. Skinner attended the annual meeting of the American Association of Law Libraries held June 21-25 in St. Louis. Associate Law Librarian Maurice A. Pope attended an Institute for Law Cataloguers, June 17-20, at Southern illinois University at Carbondale. J. D. Gingerich, a May, 1980 graduate, has been awarded a Rotary International Fellowship for a year's study at Oxford University. Student Bar Association officers for the fall semester are Mary Ann Gunn, President; Jim Garrison, 1st Vice President; zan Davis, 2nd Vice President; Mary Estes, Secretary; Roger Pillow, Treasurer; Steve Tabor, 3rd Year Representative; Martha Morgan, 2d Year Representative, and Dee Davenport, Student-Faculty Representative.
SCHOOL OF LAW, UNIVERSITY OF ARKANSAS AT LITTLE ROCK Fall Altheimer Lecture Dean Norval Morris of the University of Chicago Law School will deliver the Fall 1980 Altheimer lecture on Friday, September 19. Dean Morris, a well known criminologist, will speak on 18G/Arkansas Lawyer/October 1980
"Mental Illness and the Criminal Law." The lecture will be held during the Fall Legal Institute, and all members of the Arkansas Bar are specially invited to the lecture and to the reception following it. A brochure and letter of invitation
has been mailed to each memberofthe Association. LEXIS Thanks to a grant from the Donaghey Foundation, both faculty and students of the law school will soon
have access to Lexis, computerized legal research. The Lexis system will be installed this fall. The School of Law already has a Westlaw computer terminai which is available to attorneys as well as students and faculty. Law School Association The annual meeting of the UALR Law School Association was held on June 5, in Hot Springs, during the Annual Meeting of the Arkansas Bar Association. Sheffield Nelson, the outgoing president, presided at the breakfast session. Alumni and friends heard a report from Dean Robert Walsh, and elected officers for the 1980-81 year. Sandra Wilson Cherry will serve as president; and Frank Whitbeck, as president elect. Professor James W. Spears will continue as secretary, and Dean Clay Patty, as treasurer. Law Student Division Awards Presented At a meeting of the 8th, 10th, and 13th Circuits of the Law Student Division of the American Bar Association, held in Kansas City on March 29-30, Scott Lewis, a student, was awarded the Silver Key Award. This award is made annually to one student in each circuit for distinguished service. The Law Student division also presented awards to Dean Robert K. Walsh and to Terry Paulsen in recognition of their efforts in connection with the Roundtable meeting held at the law school. Faculty Notes Donaghey Distinguished Professor Robert R. Wright has begun work on a new edition of his Land Use case book. Professor Wright gave a lecture, "The Law and Archie Bunker," as part of a series by the University's Donaghey Distinguished Professors. Professor Earl Maltz's comments on a previous article were published in the Michigan Law Review under the title "Judicial Competence and Fundamental Rights." Professor John Sheffey's article, "Consumer Credit Insurance Disclosures Under Truth-in-Lending: The Triumph of Form Over Substance" has been accepted for publication in the Florida State Law Review. Jason Reynolds, who joined the UALR faculty in May, is the coauthor of the second edition of Drafting Marriage Contracts in Florida. Professors Kenneth Gould and Norman Stein, together with adjunct clinical instructors Paula Casey and Marsha Yowell, published the Arkan-
sas Juvenile Justice Manual. Professor Gould, Professor Wright, and Dean Robert Walsh attended a regional meeting of law schools in Norman, Oklahoma. Dean Walsh served as chairman of an American Bar Association inspection team which visited Hamline University Law School in St. Paul, Minnesota, on April 27-30. Dean Walsh, who serves as a member of the Executive Committee of the Pulaski County Bar Association, received an award for distinguished service from the Association at its annual meeting in May. He addressed the Little Rock Rotary Club on May 1. Dean Walsh will deliver the address at Summer Commencement exercises at Arkansas State University. Dean Walsh and Professor Susan Webber attended the Eighth Circuit Judicial Conference on July 7-9. Professors Steven Goldberg and Norman Stein served as faCUlty members at the Southern Regional Advocacy Program of the Legal Services Corporation. The program was held at the law school. Professor Goldberg also served as director of the Second Arkansas College of Advocacy sponsored by the School of Law and the Arkansas Institute for Continuing Legal Education. Professor D. Fenton Adams and Mary Ann Willis, Director of Admissions, attended the annual meeting of the Law School Admissions Council. Professor Fred Peel attended the American Law Institute's annual meeting in Washington, D.C. to participate in discussion of proposed revisions of the tax treatment of partnerships and corporations. Professor Susan Webber served as a member of an American Bar Association team which inspected the University of Bridgeport. Professor L. Lynn Hogue reviewed Robert M. Ireland's Little Kingdoms: The Counties of Kentucky, 1850-1891 for The American Journal of Legal History. He and Professor Earl Maltz published an article "On Keeping Pigs Out of the Parlor: Speech as Public Nuisance after FCC v. Pacifica Foundation" in the January, 1980 edition of the South Carolina Law Review. Professor Hogue worked as a research assistant at the Constitutional Convention Session. Professor Glenn Pasvogel appeared before the Finance and Taxation Committee of the Convention to testify on the constitutionality of a proposed personal property tax provision. On
June 18, Assistant Dean Ellen Brantley was the keynote speaker at a seminar on Estate Planning for Women sponsored by the Baptist Health Foundation. Three New Faculty Members Begin Work Three new faCUlty members have joined the School of Law. Assistant Professor Jason Reynolds, who began teaching in the summer term, has practiced law in Florida for the last ten years. He is a graduate of Florida State University and of Vanderbilt Law School where he served as Associate Editor of the Vanderbilt Law Review. He received the LL.M. degree from the University of Illinois in 1980. Professor Reynolds taught Administration of Criminal Justice during the summer, and will also teach Criminal Law, Criminal Procedure, Evidence, and Trial Advocacy. Also appointed as Assistant Professor is Philip Oliver. He joins the faculty after four years with the Atlanta firm of Sutherland, Asbill, and Brennan. Professor Oliver, a graduate of the University of Alabama and Yale University Law School, was a foreign service officer before entering law school. He will teach the courses in Federal Income Tax, Legal Profession, and Remedies. The third new member of the faCUlty, M. Eugene Mullins, will teach Legislation, Labor Law, and Research, Writing and Advocacy. Professor Mullins received the B.A. and J.D. degrees from the University of Kentucky and an MA in English from the University of Chicago. He is a member of Phi Beta Kappa and Order of the Coif and he served as Associate Editor of the Kentucky Law Review. Before joining the faCUlty as an assistant professor, he served as Associate Solicitor of the Division of Mine Safety and Health of the U.S. Department of Labor. First Annual ASU/UALR School of Law Summer Program On August 20, 21, and 22, the UALR School of Law, in cooperation with Arkansas State University, will present three courses designed to provide the general practitioner with a review and update in specific legal areas. The courses to be offered are Basic Business Associations and Securities Regulation for the General Practitioner, taught by Professor John Sheffey; Bankruptcy taught by Professor Glenn Pasvogel; and Income Tax for the General Practitioner, taught by Professor Fred Peel.
f.....
October 1980/Arkansas Lawyer/187
AICLE-ABA FALL LEGAL INSTITUTE SEPTEMBER 18-20, 1980 CAMELOT INN, LITTLE ROCK INTRODUCING
ARKANSAS DOMESTIC RELATIONS SYSTEM Outstanding Two-Day
"CLE" SUBJECTS
Program Covering Domestic Relations Law And The System
Committee/Section" Roundup" Thursday Morning, September 18th
House of Delegates' Meeting Saturday Morning, September 20th
Arkansas v. Oklahoma State Saturday Evening, September 20th
lBB/Arkansas Lawyer/October 1980
,
Arkansas Bar Association EXECUTIVE COUNCIL President
Phillip Carroll 720 West Third Little Rock, AR 72201
(375-9131) President-Elect
James D. Cypert Box 869 Springdale, AR 72764
(751-5222) Immediate Past President (534-5221 )
E. Harley Cox, Jr. P.O. Box 8509 Pine Bluff, AR 71611
SecretaryTreasurer
(376-3151)
W. Christopher Barrier 400 Gaines Place lillie Rock, AR 72201
Chairman, YLS
Louis B. Jones Box 1421 Forrest City. AR 72335
(633-7525) Chairman, Executive
Council (624-1252)
Don M. Schnipper 123 Markel Hot Springs, AR 71901
SOUTHERN BAR DISTRICT Dennis Shackleford Clint Huey Floyd Thomas, Jr.
1981 1982 1983
EI Dorado EI Dorado
NORTHWESTERN BAR DISTRICT David R. Malone 1981 Thomas Ledbeller 1982 D. Mac Glover 1983
CENTRAL BAR DISTRICT Webster Hubbell Gus B. Walton Charles Carpenter
1981 1982 1983
Lillie Rock Lillie Rock Lillie Rock
NORTHEASTERN BAR DISTRICT Robert G. Serlo 1981 Leroy Froman 1982 Tommy Womack 1983
Warren
Fayellevllle Harrison
Malvern Clarendon Searcy Jonesboro
LIAISON NON-VOTING MEMBERS Chairman, Legal Education Commillee
Chairman, Arkansas Bar Foundation
Executive Director
Ben Core P.O. Box 1446 Fort Smith, AR 72901 Sld McCollum P.O. Box 447 Bentonville, AR 72712
Delegate to American Bar Association
Arkansas Judicial Representative
Herschel H. Friday 2000 First National Bldg. Little Rock, AR 72201 Judge Gene Bradley Box 106 Blytheville, AR 72315
C. E. Ranslck 400 West Markham Little Rock. AR 72201
STAFF Executive Director
Administrative Assistant Publications Assistant Membership Secretary Section/Commillee Secretary Lawyer Referral Service 190/Arkansas Lawyer/October 1980
C. E. Ranslck Judith Gray Carol Utley Barbara Tarkington Twyla Grant Lisa Lewis
Arkansas Bar Association 400 West Markham Lillie Rock, AR 72201 (501-375-4605)
HOUSE OF DELEGATES President (375-9131) President-Elect (751-5222) Immediate Past President (534-5221 )
Phillip Carroll 720 West Third Little Rock, AR 72201
Secretary Treasurer (376-3151)
James D. Cypert Box 869 Springdale, AR 72764
Chairman, YLS
E. Hartey Cox, Jr. P.O. Box 8509 Pine Bluff, AR 71611
W. Christopher Barrier 400 Gaines Place Little Rock, AR 72201
(633-7525)
Louis B. Jones, Jr. Box 1421 Forrest C~y, AR 72335
Chairman, Exec. Council (624-1252)
Don Schnipper 123 Market St. Hot Springs, AR 71901
NON-VOTING MEMBERS Past Presidents VOTING MEMBERS District NO.1 John R. Elrod P.O. Box 580 Siloam Springs, AR 72761 Term Expires 1983
District NO.1 0 J. Ray Baxter Box 71 Benton, AR 72015 Term Expires 1983
District No. 19 Jerry C. Post Box 2595 Batesville, AR 72501 Term Expires 1982
District No. 25 William C. Bridgforth Box 8509 Pine Bluff, AR 71611 Term Expires 1981
District NO.2 Thomas D. Ledbetter P.O. Box 637 Harrison, AR 72601 Term Expires 1981
District No. 11 William Reed P.O. Box 327 England, AR 72041 Term Expires 1981
District No. 20 Edward J. Cunningham 701 S. Church SI. Mountain Home, AR 72653 Term Expires 1983
District No. 25 R. T. Beard Box 7808 Pine Bluff, AR 71611 Term Expires 1983
District No.3 Paul D. Gant 630 Broadway Van Buren, AR 72956 Term Expires 1982
District No. 12 Jerry Cavaneau Box 100 Searcy, AR 72143 Term Expires 1982
District No. 21 Edward Allen Gordon Box 558 Morrilton, AR 72110 Term Expires 1982
District No. 26 Tommy Womack Box 1245 Jonesboro, AR 72401 Term Expires 1981
District No.4 John S. Patterson Box 36 Clarksville, AR 72830 Term Expires 1983
District No. 13 Jesse E. "Rusty" Porter, Jr. Box C West Helena, AR 72390 Term Expires 1983
District No. 22 G. William Lavender Box 1938 Texarkana, AR 75501 Term Expires 1982
District No. 26 Paul Mark Ledbetter Box 1346 Jonesboro, AR 72401 Term Expires 1982
District No.5 William H. Hodge Box 606 DeQueen, AR 71832 Term Expires 1983
District No. 14 W. Frank Morledge Box 924 Forrest City, AR 72335 Term Expires 1983
District No. 22 W. Kelvin Wyrick Box 1836 Texarkana, TX 75501 Term Expires 1983
District No. 27 Boyce Davis 115 South Main Lincoln, AR 72744 Term Expires 1981
District No.6 Glenn Vasser Box 599 Prescott, AR 71857 Term Expires 1981
District No. 15 C. B. Nance Box 1090 West Memphis, AR 72301 Term Expires 1981
District No. 23 Carl A. Crow, Jr. 520 Ouachita Hot Springs, AR 71901 Term Expires 1982
District No. 27 David Horne Box 599 Fayetteville, AR 72701 Term Expires
District No.7 Oliver Clegg P.O. Drawer A Magnolia, AR 71753 Term Expires 1981
District No. 16 John B. Mayes P.O. Box 406 Blytheville, AR 72315 Term Expires 1981
District No. 23 Richard S. Muse 623 Central Ave. Hot Springs, AR 71901 Term Expires 1983
District No. 27 Joe B. Reed 26 E. Center Fayetteville, AR 72701 Term Expires
District No.8 Samuel N. Bird Box 507 Monticello, AR 71655 Term Expires 1982
District No. 17 Harry Truman Moore Box 726 Paragould, AR 72450 Term Expires 1982
District No. 24 Norwood Phillips 100 East Church EI Dorado, AR 71730 Term Expires 1981
District No. 28 S. Walton Maurras P.O. Box 43 Fort Smith, AR 72901 Term Expires 1981
District No.9 Thomas S. Streetman Drawer "A" Crossett, AR 71635 Term Expires 1983
District No. 18 James A. McLarty 209 Walnut SI. Newport, AR 72112 Term Expires 1983
District No. 24 Ronald L. Griggs 431 N. Washington EI Dorado, AR 71730 Term Expires 1983
District No. 28 Bill Thompson P.O. Box 818 Fort Smith, AR 72901 Term Expires 1981 October 1980/Arkansas Lawyer/191
District No. 28 Robert E. Hornberger Box 185 Fort Smith, AR 72901 Term Expires 1982
District No. 29 Robert M. Cearley, Jr. 1014 West Third Little Rock, AR 72201 Term Expires 1981
District No. 29 B. Frank Mackey, Jr. 1970 Union National Bldg. Little Rock, AR 72201 Term Expires 1982
District No. 29 William R. Wilson P.O. Box 71 Little Rock, AR 72203 Term Expires 1983
District No. 28 William M. Cromwell Box 669 Fort Smith, AR 72902 Term Expires 1983
District No. 29 Robert D. Ross 300 Spring Bldg. Little Rock, AR 72201 Term Expires 1981
District No. 29 Allen W. Bird, II 720 W. Third Street Little Rock, AR 72201 Term Expires 1982
Lonnie Power 112 Midland Little Rock, AR 72205 Term Expires 1983
District No. 29 George N. Plastiras P.O. Box 3363 Little Rock, AR 72203 Term Expires 1981
District No. 29 James A. Moody 2200 Worthen Bank Bldg. Littie Rock, AR 72201 Term Expires 1982
District No. 29 Tim Boe 720 West Third Little Rock, AR 72201 Term Expires 1982
District No. 29 James R. Rhodes, III 1591 First National Bldg. Little Rock, AR 72201 Term Expires 1983
District No. 29 Robert R. Wright 400 West Markham Little Rock, AR 72201 Term Expires 1981
District No. 29 William L. Owen 400 Gaines Place Little Rock, AR 72201 Term Expires 1982
District No. 29 Thomas L. Overbey 1091 First Nail Bldg. Little Rock, AR 72201 Term Expires 1983
Law Student Member Fayetteville Law School Kent Jolliff Fayetteville, AR Term Expires 1983
District No. 29 Thomas L. Carpenter 807 West Third Little Rock, AR 72201 Term Expires 1981
District No. 29 R. Christopher Thomas 1700 First National Bldg. Little Rock, AR 72201 Term Expires 1982
District No. 29 James W. Moore 2000 First National Bldg. Little Rock, AR 72201 Term Expires 1983
Law Student Member UALR Law School Michael Crawford Little Rock, AR Term Expires 1983
District No. 29
PAST PRESIDENTS' COMMITTEE James B. Sharp Joe C. Barrett A. F. House Terrell Marshall J. L. Shaver John A. Fogleman Willis B. Smith W. S. Mitchell Oscar Fendler Louis L. Ramsay, Jr. Bruce T. Bullion
Maurice Cathey William S. Arnold
Brinkley Jonesboro Little Rock Little Rock Wynne W. Memphis Texarkana Little Rock Blytheville Pine Bluff Little Rock Paragould Crossett
Chairman 1943-44 1948-49 1951-52 1953-54 1958-59 1959-80 1960-61 1962-63 1963-64 1964-65 1966-67 1967-68
J. Gaston Williamson Robert L_ Jones, Jr. J. C. Deacon Paul B. Young Henry Woods James West James B. Sharp Robert C. Compton Herschel H. Friday Waller R. Niblock Wayne Boyce E. Harley Cox, Jr.
Lillie Rock Fort Smith Jonesboro Pine Bluff Little Rock Fort Smith Brinkley EI Dorado Little Rock Fayelleville Newport Pine Bluff
1968-69 1969-70 1970-71 1971-72 1972-73 1973-74 1974-75 1975-76 1976-77 1977路78 1978-79 1979-80
SECTION CHAIRMAN Criminal Law Section
Ralph M. Cloar, Jr. 1716 First National Building lillie Rock, Arkansas 72201 378-0106
SaVings And Loan Section
Family Law Section
Ben D. Rowland 604-Three Hundred Spring Little Rock, Arkansas 72201 375-3384
Taxation, Trust & Estate Planning Section
Labor Law Section
Tim Boe 720 West Third Little Rock, Arkansas 72201 375-9151
Law Student Section
Natural Resources Law Section
192/Arkansas Lawyer/October 1980
Thomas DeMarco UALR-Law School Little Rock, Arkansas 72201 Searcy W. Harrell, Jr. Box 777 Camden, Arkansas 71701 836路5771
Workers' Compensation Section
Young Lawyers Section
James W. Lance #800-300 Spring Bldg. Little Rock, Arkansas 72201 376-9997
Joe C. Luker, Jr. 1550 Tower Building Little Rock, Arkansas 72201 375-9151 Norwood Phillips 100 East Church EI Dorado, Arkansas 71730 862-5523 Louls B. Jones Box 1421 Forrest City, Arkansas 72335 633-7525
COMMITTEE CHAIRPERSONS 1980-81 Antitrust & Trade Regulations Peter G. Kumpe Auditing John L. Johnson Automobile "No Fault" Insurance Bobby McDaniel Banking Law Martin Gilbert Bar Related Title Insurance Thomas D. Ledbetter Cameras In The Courtroom ....•.....Thomas M. Carpenter Civil Procedure William H. Sutton Constitutional Reform Phllip E. Dixon Consumer Law William Isaacs Creditor's Rights Allen W. Bird, II Desk Book Leroy Froman Economics Of Law Practice James H. McKenzie Environmental Law Joe K. Hardin Jerry Rephan Federal Legislation & Procedures ..E. Charles Eichenbaum Group Insurance James M. Moody House Committee Charles L. Carpenter Interest On Lawyer's Trust Accounts Cyril E. Hollingsworth, Jr. International Law M. Edwin Prud'Homme Judicial Council Liaison Charles L. Carpenter Committee To StUdy Judicial Polls William R. Wilson, Jr. Judicial Nominations Albert Graves Jurisprudence & Law Reform Terry Kirkpatrick
Juvenile Justice Standards Law Student Liaison
Thomas M. Carpenter William G. Myers Donald Bacon Law School Committee James B. Sharp Lawyer Referral service Eugene J. Mazzanti Legal Aid .......................•...........Joseph Ross Legal Education Ben Core Committee On Legal services For The Deaf Robert Fussell Legislation Joe D. Bell Walter Davidson Malpractice Education Committee Maritime Law Gordon Rather, Jr. Committee On The Mentally Disabled L. Lynn Hogue Minor Disputes Resolutions David Hale Milton Copeland Pre-Law Advisors Prepaid Legal services Harold H. Simpson Probate Law Rlchard F. Hatfield Professional Ethics & Grievances B. Frank Mackey, Jr. Public Information Samuel A. Perroni Real Estate Law Thomas A. Buford Resolutions Wayne Boyce Specialization & Advertising Tim Boe State & Federal securities E. Steve Watson Youth Education For Citizenship , . , ..Barry Deacon
Arkansas Bar Foundation OFFICERS Chairman
Sidney H. McCollum P.O. Box 447 Bentonville, AR 72712
(273-2417) Vice-Chairman
(376-4731)
Herman L. Hamilton Box 71 Hamburg, AR 71646
(853-5461 ) Treasurer
Cyril Hollingsworth Box 3363 Lillie Rock, AR 72203
secretary
Executive secretary
Col. C. E. Ransick
400 West Markham Lillie Rock, AR 72201
(375·4605)
Randall Ishmael P.O. Box 4096 Jonesboro, AR 72401
(972-1400)
DIRECTORS Sidney H. McCollum Herman L. Hamilton Randall Ishmael Cyril Hollingsworth Douglas O. Smith, Jr. Dennis L Shackleford Byron M. Eiseman, Jr. EX-OFFICIO:
1981 1982 1982 1982 1981 1981 1981
William A. Eldredge, Jr. Joe D. Woodward Donis B. Hamilton A. D. McAllister, Jr. James B. Sharp Neva B. Talley Leroy Autrey
Bentonville Hamburg Jonesboro Little Rock Fort Smith EI Dorado Lillie Rock
Phillip Carroll Arkansas Bar Association
President
Little Rock Magnolia Paragould Fayetteville Brinkley Little Rock Texarkana
1981 1981 1981 1982 1982 1982 1982
Boyce R. Love Arkansas Bar Foundation
Past·Chairman
COMMITTEE CHAIRMEN Awards Court Standards Finance House Investment Advisory Oral History
Sidney H. McCollum John P. Gill John L. Johnson Charles L. Carpenter James B. Sharp David Malone
Public Education Scholarships & Memorials Selection of Fellows Trusts Writing Awards
Robert L. Brown Douglas Smith William A. Eldredge Boyce R. Love Robert R. Wright October 1980/Arkansas Lawyer/193
LOCAL BAR ASSOCIATIONS ARKANSAS ASSOCIATION OF WOMEN LAWYERS President Annabelle Clinton Vice-President Betty Anderson Treasurer Gladys Lucy Recording Secretary Jacqueline Wright Corresponding Secretary Frances Holtzendorff ARKANSAS PROSECUTING ATTORNEYS President Mike Kinard Vice-President .. . . . . . . . . . . . . . . . . Dub Bentley Secretary-Treasurer Robert Edwards ARKANSAS BLACK LAWYERS ASSOCIATION President Eugene Hunt Vice-President Zimmery Crutcher Secretary Cassandra Wilkins-Slater Treasurer
Leon N. Jamison
ARKANSAS COUNTY BAR ASSOCIATION President Vice-President
David Henry Malcom Smith
Secretary-Treasurer
Virgil Moncrief
ASHLEY COUNTY BAR ASSOCIATION President Vice-President Secretary Treasurer BAXTER COUNTY BAR ASSOCIATION President Vice-President Secretary Treasurer. . . . . . BENTON COUNTY BAR ASSOCIATION President Vice-President Secretary BLYTHEVILLE BAR ASSOCIATION President Vice-President Secretary-Treasurer BOONE COUNTY BAR ASSOCIATION President Vice-President. Secretary-Treasurer
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Ovid T. Switzer BiII Johnson Gary Draper Herman Hamilton Ted H. Sanders Norman Wilburn Rick Spencer Charles Vandegrift Asa Hutchinson John Scott Georgia Elrod John B. Mayes Charles J. Gardner John Bradley Kandy Gregg Webb Van T. Younes Ken Reeves
BRADLEY COUNTY BAR ASSOCIATION H. Murray Claycomb President Vice-President Robert Vittitow Secretary-Treasurer Stark Ligon CARROLL·MADISON COUNTY BAR ASSOCIATION President Alan D. Epley Vice-President Kent Coxsey CHICOT COUNTY BAR ASSOCIATION President W. K. Grubbs, Sr. CLARK COUNTY BAR ASSOCIATION President Herman Hankins, Jr. Secretary Don Chaney CLEBURNE COUNTY BAR ASSOCIATION President
_.. _
Vice-President Secretary Treasurer COLUMBIA COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasurer CONWAY COUNTY BAR ASSOCIATION President. . . . . Vice-President. . . . . . . . . . . . . . . Secretary-Treasurer 194/Arkansas Lawyer/October 1980
Ancil M. Reed
David Harrod Patrick Gardner Earl N. Olmstead Steve R. Crane Carolyn Clegg Mike Epley Nathan Gordon Edmund Massey William J. Cree
CRAIGHEAD COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasurer
Troy Henry David Landis Mike Gott
CRITTENDEN COUNTY BAR ASSOCIATION President Vice-President. . . . . . . . . . . . . . . . .. . Secretary-Treasurer
Clint Saxton Bill Hightower Ken Cook
CRAWFORD COUNTY BAR ASSOCIATION President Marril Harriman Secretary-Treasurer Steven Peer CROSS COUNTY BAR ASSOCIATION President John Killough Vice-President DeLoss McKnight Secretary-Treasurer J. L. Shaver, Jr. FRANKLIN COUNTY BAR ASSOCIATION President Gregory P. McKenzie Vice-President
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Joe Ramos
Secretary-Treasurer James Mainard FAULKNER COUNTY BAR ASSOCIATION President William M. Clark Vice-President . Secretary-Treasurer Phil Stratton GARLAND COUNTY BAR ASSOCIATION President George M. Callahan Vice-President Louis J. Longinotti, III Secretary-Treasurer Bruce MacPhee GRANT COUNTY BAR ASSOCIATION President John W. Cole Vice-President Joseph W. Swaty Secretary-Treasurer Harold King GREENE-CLAY COUNTY BAR ASSOCIATION President Oliver Cox Vice-President Robert E. Young Secretary-Treasurer
Ronald Williams
HOT SPRINGS COUNTY BAR ASSOCIATION President Lawson H. Glover Vice-President William C. Gilliam Secretary-Treasurer Chris Walthall INDEPENDENCE COUNTY BAR ASSOCIATION President T. J. Hively W. J. Ketz, Jr. Vice-President Secretary-Treasurer Fay Dilbeck JACKSON COUNTY BAR ASSOCIATION President Steven G. Howard Vice-President Stanley Montgomery Secretary-Treasurer Max O. Bowie JEFFERSON COUNTY BAR ASSOCIATION President Ted N. Drake Vice-President Kenneth B. Bairn Secretary-Treasurer John Rush LAWRENCE·RANDOLPH COUNTY BAR ASSOCIATION President Murrey L. Grider LEE COUNTY BAR ASSOCIATION President W. H. Daggett Vice-President Carrold E. Ray LONOKE COUNTY BAR ASSOCIATION President NAVADA COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasurer .........•.... _
Edgar Thompson James H. McKenzie Joe M. Fore Barry Barber
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NORTH PULASKI BAR ASSOCIATION President Stephen Morley Vice-President .......... . ....Basil Hicks Secretary. . . . . . . Morgan E. Welch Treasurer. . . _ William Robinson NORTH CENTRAL BAR ASSOCIATION President . Stuart Lambert Vice-President Gray Dillinger Secretary-Treasurer Dwayne Plumley MARION COUNTY BAR ASSOCIATION President . Michael E. Kelly Vice-President .Dale Shoup Secretary.. . Gary Isbell Treasurer . Kenneth R. Smith MONROE COUNTY BAR ASSOCIATION President Dan Kennett Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . Steven Elledge
Treasurer
Robert Serio
NORTHEAST ARKANSAS BAR ASSOCIATtON President . Joe C. Boone Vice-President. . . . . . . . . . . . . . . . . . . . . . Robert Brand Secretary-Treasurer .................•........ .william Ross OSCEOLA BAR ASSOCIATION President ........ . Mike Bearden Vice-President. . . . . . . . . . . . . . . . . . . . . . Lee Fergus Secretary-Treasurer.. .. . .. .. . . Charles Banks OUACHITA COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . Hamilton Singleton Vice-President Edwin A. Keaton Secretary-Treasurer Benton Rollins PHILLIPS COUNTY BAR ASSOCIATION President Rusty Porter Secretary-Treasurer. . . . . . . . . . Harvey Yates PIKE COUNTY BAR ASSOCIATION President Jimmy L. Featherston Vice-President Phillip Clay Secretary-Treasurer James C. Graves POINSETT COUNTY BAR ASSOCIATION L. D. Gibson President Vice-President Chuck Easterling Secretary-Treasurer. .. . . . . . . .. . . . Michael Everett POLK COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . . . . . . . . . David Maddox Vice-President. . . . . . . . . . . . . . . . Bob Keeter Secretary-Treasurer. .. . .. . .•. . ..... Patricia L. Tucker
POPE COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . . . . . . . Robert W. Hardin Vice-President. . . . . . . Stephen C. Gardner .. .. .. . . . Ruth Teal Secretary-Treasurer PULASKI COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . . . . . . . . Guy Amsler, Jr. Vice-President Vincent W. Foster Secretary-Treasurer Frank Sewell ST. FRANCIS COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . . . . . Bentley Story Secretary-Treasurer , Steve Routon SALINE COUNTY BAR ASSOCIATION President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .George Ellis Secretary-Treasurer Richard Madison SEBASTtAN COUNTY BAR ASSOCIATION President . .. Harry A. Foltz Vice-President Robert E. Hornberger Secretary John R. Beasley SOUTHEAST ARKANSAS LEGAL INSTITUTE H. Murray Claycomb President Secretary Bruce Switzer SOUTHWEST ARKANSAS BAR ASSOCIATION President. . . . . . . . . . . . . . . . . Ed McCorkle Vice-President John Finley, III Secretary-Treasurer , Talbot Field TEXARKANA BAR ASSOCIATION James N. Haltom President Vice-President Nicholas Patton Secretary Robert Littrell Treasurer . Marshall Moore UNION COUNTY BAR ASSOCIATION President . Bill McClean Vice-President David Guthrie Secretary-Treasurer. . . . . . . . . . . . . . . .. . Bobby Shepherd WASHINGTON COUNTY BAR ASSOCIATION President David Horne Vice·President Peter G. Estes, Jr. Secretary-Treasurer Joe Reed WHITE COUNTY BAR ASSOCIATION President Clarence Shoffner Vice-President Don P. Raney WOODRUFF COUNTY BAR ASSOCIATION President. . . . . . T. 8. Fitzhugh Secretary-Treasurer Joe N. Peacock
ARKANSAS INSTITUTE OF CONTINUING LEGAL EDUCATION BOARD OF DIRECTORS 1980-81 Robert K. Walsh (371-1071)
UALR, Law School 400 West Markham Little Rock, AR 72201
Marvin L. Keiffer (932-1120) Phillip Carroll (375-9131) James E. Cypert (751-5222) E. Harley Cox, Jr. (534-5221 ) C. E. Ransick (375-4605)
McAdams Trust Jonesboro, AR 72401 720 West Third Littie Rock, AR 72201 P.O. Box 869 Springdale, AR 72764 P.O. Box 8509 Pine Bluff, AR 71611 400 West Markham Little Rock, AR 72201
Louis B. Jones (633-7525) Herman Hamilton (853-5461 ) Sid McCollum (273-2417) David Epstein (575-5600) Ben Core (782-0361 ) EXECUTIVE DIRECTOR Claibourne W. Patty
P.O. Box 1421 Forrest City, AR 72335 P.O. Box 71 Hamburg, AR 71646 Box 447 Bentonville, AR 72712 University of Arkansas School of Law Fayetteville, AR 72701 Box 1446 Ft. Smith, AR 72902 400 West Markham Little Rock, AR 72201 October 19S0/Arkansas Lawyer/1g5
Are Von Willing To Pay The Price? r
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It could be a big one! It's not uncommon for attorneys to be hit with suits by clients who feel badly served. Whether the grievance is real or imaginary, the jury may be generous ... to the plaintiff. In view of the growing number of claims and the vast amounts paid in settlement, the time may come when the only practicing attorney will be a well-protected attorney. CNA and the Arkansas Bar Association have worked together to come up with a comprehensive program of professional liability insurance for its members that can help protect both your financial and professional future. First, it helps to minimize the causes of liability suits through loss prevention programs. Then, it provides financial protection to help guard you against professional and business liability with a maximum of$l00,ooo per claim ($300,000 annually) after a deductible. Think you need more? Supplemental protection of $1 ,000,000 for business and professional coverage is also available.
Ifyou can't afford the price of a lawsuit, it's time to learn more about your Association sponsored Comprehensive Lawyers Professional and Business Liability Plan, including the exclusions, any reductions or limitations and the terms under which the policy may be continued in force. Just send the coupon below to the ddministrator: Rather, Beyer & Harper.
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Please send me information for the Arkansas Bar Association sponsored Lawyers Professional and Business Liability Insurance. Send to:
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Arkansas Bar Association Administrator Rather, Beyer & Harper Suite 362, Prospect Building, 1501 North University Little Rock, Arkansas 72207
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ARKANSAS BAR fOUNDA TION By: Sidney H. McCollum Chairman
In this constantly changing world it seems that many people are turning toward restoration of old buildings, review of old methods, or tried and true methods for doing things, and in some measure trying to hold on to the things of the past which we know something about and with which we feel comfortable. Think how many times we've left church or other religious meetings and have been told "hold on to what is good". Although we in the Bar Foundation are constantly looking for new and different ways to improve and facilitate the administration of justice and to better our profession, we also like to hold onto those things that are good and use them for building blocks for the future. It is this very idea or thought from which the Oral History Committee was formed. As many of you know the Oral History Committee was created to put on video tape, interviews with some of the elders of our profession, allowing them to preserve for our successors the history of how the Bar Foundation and Association were formed in fact the very history of our whole profession in the State. Although the Oral History Committee has been active and we have several such interviews on tape, this year we have decided to broaden the scope of that committee and in fact, enlarge the committee itself quite a bit. If we have selected members from all portions of the State, and we are going to ask each one of them to seek out and record for posterity all those famous stories of their own Bar Association or area of the State, which bring the practice of law alive and which will help us all in planning for the future of the profession. Some people call this swapping old "war stories", but we're also interested in the way the Association was formed and the things that lawyer's have done for the community and for the system of justice. By collecting all these stories from the various sources around the State we hope to bring together a true history of the way
things have developed in our profession in our State. We expect this to be a very active committee throughout the year and I know they will provide something that each and every one of us as lawyer's of the State will be proud of. If you have a favorite anecdote, true story, or fact of how our profession has moved forward through the years, contact David Malone at the Law School in Fayetteville and let him know about it. He will chair the committee this year and I am sure he will do his usual excellent job. We will also hold on to some of the other "good things" which the foundation has done in the past, such as recognize excellence in the profession and outstanding achievement in community service by attorneys. We will continue to recognize and award excellence in legal writing and research, and of course we will continue to offer scholarships to help those studying the profession become better lawyer's. In future reports as the year goes on we will talk about the duties and responsibilities of the other committees of the Foundation but we'll also talk about the new things that we want to try to achieve. Through a series of programs and seminars we hope to remind and bring home to each attorney in the State that it is indeed a profession which we are practicing and we're not simply managing a business. We hope that these will guide and inspire all of us to become more competent, imaginative, compassionate, patient, and most importantly, above reproach in our daily practice, in short to become professional. We hope that all lawyers in the State will strive to become a fellow of the Foundation. Certainly not all of us can give the thousand dollar contribution at one time, but each of us should consider that we owe a part of what we make from the profession to the profession. We can all start to give small amounts so that finally when we do reach a total contribution of a thousand
dollars we can count ourselves among the fellows of the Foundation. We hope as the year progresses we will be able to show you the true value of the Bar Foundation to you and your practice so that you will want to join us in improving Arkansas Jurisprudence and the legal profession as a whole. ALSTON MEMORIAL FUND Philip Graham Alston, senior law clerk to Federal Judge J. Smith Henley of the U.S. Eighth Circuit Court of Appeals, died recently. His obituary appears In Memoriam in this issue ofThe Arkansas Lawyer. The Philip G. Alston Memorial Fund has been established with the Arkansas Bar Foundation. When the Fund reaches $1 ,000, he will be enrolled in the Memorial Border at the Arkansas Law Center-our Westminister Abby concept. When the Fund reaches $5,000, a permanent Law Scholarship will be set up in his memory. As of July 25, 1980, contributions have amounted to $727. Such contributions are tax deductable. Beautiful memorial cards, covering contributions, are sent to the family. Checks should be made out to the Arkansas Bar Foundation, 400 West Markham, Little Rock, AR 72201~
LAW OFFICE FOR SALE
Law Office For Sale 1800 sq. feet building, heating and cooled. Beautiful and functional (1974). Fully equipped-1 V2 bathsbuilt-in fireplace. Could live in. Excellent opportunity. CONTACT: JUDGE-ELECT Donald L. Corbin 116 Main Stamps, AR 71860 PH: 921-4262 October 1980{Arkansas Lawyer/197
LAW SCHOOL RE-VISITED by Wayne Boyce Law School Committee Arkansas Bar Association
"So you want to know what's going on at Law School these days?" Fizz settled back comfortably in the red leather chair in his study. I could tell he wasn't about to give me a short answer. "There are a lot of new things going on and..." he paused to set fire to the pipe he had been loading, "there are a lot of old things being done in new ways, but it was somewhat reassuring to me to see there were still quite a few things unchanged in this ever changing world." Fizz seemed pleased. Whether it was with law schools or with the pipe he now had turning a thin blue smoke over his left ear, I wasn't sure. "I hadn't been back to law school since I graduated over a quarter of a century ago. Oh, I had been to receptions and seminars and used the library from time to time, but I hadn't really looked at a law school since the Chief Justice raised so much sand about incompetent lawyers who didn't know how to try a law suit. I never like to hear lawyers criticized but the Chief no doubt had a point. Recently a graduate of Duke Law who had been practicing several years told me the first time he was ever in court he was the lawyer for one of the parties. I could laugh with him because the same thing happened to me." "But sir," I interjected, "I thought law schools were only supposed to teach the fundamentals, the cases, the philo198/Arkansas Lawyer/October 1980
sophy of the law and leave practical matters to the graduate to learn on his own." "No longer true," Fizz replied. "You would just have to see as I did to appreciate the difference in law school these days." Fizz was a member of the Arkansas Bar Law School Committee charged with inspecting the law schools periodically as a Board of Visitors to see what the schools problems are and to determine what the organized bar can do to help. "I'll tell you what's going on at Fayetteville first for no better reason than the Committee visited Fayetteville first," he said. "Speaking of first-the first thing one notices on the law campus these days is girls, girls, girls. I was prepared for more than the traditional one woman law student of my day, but not for the overwhelming number of women students I found. Over one-third of the students are female. It certainly makes a better looking student body, but I couldn't tell that it made much of a difference beyond that. Too subtle for me if it did." Fizz shifted slightly in his chair to avoid a late afternoon sunbeam that had suddenly found its way past the magnolia on the lawn and through the study window to refiect off his horn rims.
"The newest thing at Fayetteville is not girls-they have been around a good while by now, I suppose-the newest thing is the new Dean. When I was in law school, I thought Dr. Leflar became Dean about the time of the founding of the Republic and I fully expected him to continue for at least a millennium. Recently law schools seem to change Deans with about the same frequency that the Methodists change preachers." "Tell me about the new Deanwhat's he like." "David Epstein is a young man with a lot of energy. He impresses me as someone who is really intent on making Fayetteville one of the country's outstanding law schools, and given the proper support and money I think he will. He has an excellent background in legal education and a wide acquaintance among the best law teachers in the nation. I believe he can attract to FayetteVille the kind of instructors and professors who will make the most of the excellent physical facilities. He's enthusiastic about teaching law and best of all he has a sense of humor," "Come on now, Fizz, a Dean with a sense of humor-Why that's a contradiction in terms," I remonstrated gently. "Well Dean Epstein has one anyway, The telephone in his office rang while we were visiting. After listening briefly, he left the room. When he re-
turned, he explained that the call had been from the office of President Bishop where they had just received a report that some law students planned to burn an Iranian flag in front of the Student Union. 'I just told the law students in the lounge that if any of them had that in mind to please identify themselves as Agri students if they got caught'." "The big thing in law schools today is Clinical Education. Teach the students how to practice law. Professor Carlton Bailey has a good program going at Fayetteville, working out courtroom situations with the students." "00 you think this will answer Burger's criticism that a majority of the trial lawyers don't know how to try a case?" "Weill certainly think it is a step in the right direction. Prof. Bailey pointed out that there is still a debate going on whether it is better to use hypothetical situations in a controlled moot court or to put the law student into actual practice with the guidance of a trial lawyer-the legal clinic situation that has been used at Fayetteville some in the past. Prof. Bailey is using the former exciusiveiy for the time being." "The new thing that really appealed most to me at Fayetteville is a course in 'How to Write an Answer to a Law Exam' taught by Big AI Witte and others. If I had had the benefit of Big AI's course, I'm sure it would have improved my grades a notch or two." "What's new at Little Rock?", I asked. "It's all new at Little Rock. The trouble is a lot of people still think of legal education at Little Rock in terms of Judge Carmichael's Night School. They don't realize what a tremendous job Dean Robert Walsh and others have done in making this into a first class, full time, fUlly accredited law school. The American Bar Association knows it and the Association of American Law Schools knows it because they have both given their stamp of approval." Fizz seems to be warming to his subject. "The real stunner at Little Rock is the Trial Advocacy course that Steve Goldberg runs. We got to see a moot court trial in progress and I was amazed at the professional way the students were conducting themselves. The Law School uses the Old Federal Building on Second Street where the Army Recruiting Office was and before that where the federal court sat for many years. The courtroom has been
restored, but even better, the gallery or balcony area at the rear of the room has been fitted with sound-proof glass. We were able to sit in the gallery and see the trial in progress, hear the students over speakers, and talk with each other and our guide without disturbing the participants in the trial." "This is light years away from the old fashioned Trial Practice course taught out of a case book. Not only does Prof. Goldberg have a rich background of experience as a trial lawyer, he has involved Little Rock lawyers in the program. These practicing lawyers work with the students in preparation of the case and then critique them when it's over." . "In addition to the student work In the courtroom, Dean Walsh has arranged for various courts to try actual cases in the old courtroom observed by students and teachers from the gallery." "I haven't seen all the law schools in America but I'll bet this particular one is unique." "You mean they've got the whole Law School in the Old Federal Building?" "By no means, although you would be surprised how much room is in that old building. No, most of the classrooms are a block away in the ultra modern, steel and glass, high-rise wing of the Arkansas Bar Center. It's quite a contrast between the new and the old. I sat in on one of Prof. Robert R. Wright's classes. He's the Donaghey Distinguished Professor, former Dean of Oklahoma Law School, and an example of the really fine faculty that Dean Bob Walsh has put together at Little Rock. He also has former Arkansas Dean Ralph Barnhart teaching. Why, the place is practically crawling with Deans." Fizz laid the extinct pipe in an oversize ashtray and reached for the electric coffee pot sitting beside it on the table. "You know, all a Law School is is teachers and books and they have the tops in both at Little Rock. The Pulaski County Law Library is housed on the third floor of the Bar Center overlooking the Arkansas River. I told Head Librarian Ruth Brunson that I found it hard to study in her library because I was distracted by all that beautiful expanse of Arkansas scenery every time I looked toward the river. She suggested I study in one of the cubicles at the other end of the room." Small steam rose from the mug of coffee Fizz pushed toward me. "How come the Pulaski County Law
Library is housed so conveniently near the law students?" I asked. "Like a lot of good things", Fizz replied as he stirred sugar into his coffee, "it's a result of cooperation between the Bar and the Law School. Just like that unpronounceable acronym AICLE-the Arkansas Institute of Continuing Legal Education-Dean Walsh made it possible for Assistant Dean Clay Patty to spend half his time as Director of the Inslilute. Last year over 1300 lawyers got some post graduate legal learning because of the cooperation between Bar and Law School." "But you were asking what's new at Law School. The newest thing is computer research. I don't know exactly how Dean Walsh worked it out but he got a group of Little Rock lawyers to form a consortium to help underwrite the expense, located the computer right inside the library where the staff can supervise it and where faculty, students and lawyers have ready access to it. You type a question on the keyboard and the computer at West Publishing Company's home office in Minneapolis searches the cases and puts the citations on a TV-like screen. It isn't ever going to replace lawyers, but it sure is going to take a lot of drudgery out of legal research." Fizz cradled his coffee mug in both hands, and gazed musingly out the window. "It seems to me that Bob Walsh is one of the best things to happen to legal education in Arkansas in a long time. He has accomplished wonders at UALR Law School in the last four years and, the best of all, he understands that a law school doesn't function in a vacuum. Not only has he brought in speakers of national note, he has utilized the facilities of the school for the betterment of the Bar and the people in general." "I wish I had time to hear more", I said as I set my empty cup on the table. "Much better than hearing about the law schools from me would be to go see for yourself. I happen to know that both Dean Walsh and Dean Epstein are proud of their schools and love to show them off, particularly to Visiting lawyers. It might be a good idea to call ahead a day or two so they can make some arrangements for your visit but by all means go see what's going on. The name of the game may not have changed but there sure are some differences in the way law schools operate today. Changes for the better, too," Fizz added as he walked with me to the door. ' - " October 1980/Arkansas Lawyer/199
PHOTO
Hiqhlights
200/Arkansas Lawyer/October 1980
ARKANSAS BAR ASSOCIATION 82ND ANNUAL MEETING JUNE 4-7, 1980 HOT SPRINGS, ARKANSAS
PHOTO
Hiqhlights
ARKANSAS BAR FOUNDATION ANNUAL BANQUET JUNE 4, 1980 HOT SPRINGS, ARKANSAS
October 1980/Arkansas Lawyer/201
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811. . Jotln L McCIIIan Old WIll a eenIor AgiIcuIbn Depa;tmeat adviIIr from 1m unllllIIs 'elli6l1lll1t In AuglIII aultIontd"A GIanI_"1n 1988. a boc* dItaIIng thalllllhocl brwhldltha nnJ poMr ~I.. m WlII auItlllitI8d andbla Mr. EII8 _ born .... o.teId In Bel... County on DIIoImber 21. 1908D Cec:II O. and Mnerva Taylor EII8. HI nIClMId Ills b8cheloni degnIe from the ~ 01 Ailcan... and aIlIo stlded .. Geoige W81hiigb.l.kWer8lly and AmerIcan UMiIllllty lit W..lIIl1l1klli.1n 1929, . . 18lum8d D GartIeldDact ............ It oIschooIlI and In 1933 was admillild D the AItanIas Bar. He pradIced law InIt at Ger· fteId and then at Belillln~. At the age 01 23... WIll III cted D the IIat8 Houlie 01 Reprlll ItalIww and two yeers later . . was III cl8cl D the senate. In 1938," defeated Incumbent Qaud A. Fuller of Eureka SprIngs to become Unlte<t Statee Reprellntatlve from the Third DIstrlc:t. Nearing the end of hlsll8COl1d tenn, he ran lor the Senate In the 1942 primary, coming In third behind John L McClelland and Jack Holt. Mr. EIlI8 was a former director lor the Arnerk:an InslItute 01 Co-operatives and of the Agricultural Hall of Fame. He was a Mallon and a member of the Church of CIviIt, the·Arkansas andAmerlcan Bar Associations, Tau Kappa Alpha, Blue Key
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ClID. He Is survived by his wife, Mrs. C8mi1e Waldron FItzhugh EUis of Chevy Chase, Md., formerly of Walnut Ridge; two daughtenI by a former marriage, Mis. PatrIcia MartIn 01 ColumbIa, Md., and Mrs. Mary Duly of Fayetteville; two stIIp-sons, Jim Fitzhugh of Chevy Chase and Davis Rtzhugh of LIttle Rock; two brothers, Lloyd Ellis of West Alameda, Cal., and Vaughn Enls of GarIleld; five sisters, Mrs. Cora Clade 01 WheaUand, Wyoming, Mrs. Dorothy Ross of Garfield, Mrs. Margaret Story of Sunland, Calif., Mrs. Jane Ransom of Arlington, Va., and Mrs. lm1a Jean Walker of Midwest City, Okla., and four grandchildren. 202/Arkansas Lawyer/Oclober 1980
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lewlnboll and FIImit!D In NllI~.lt . . B.SAA.1n 1134 from Park 021 II ind . . MIa I and In 1955 . . gnIdI P,lI tam ~ t)sIu. . . . Sd100I 01 Law. HI_ adlll.ed D " Tw. III I Bar In 1955 and D the l)IIId SlIM Tax Court In 1t70. Mr. fleming . . . II IIIIl'IlbeI 01 tha c..iCIII. County Bar ,tlll)l;'ltIl1t1, Shelbr County Bar ," .. no I "an. AtUi I" Bar All tJtM1Ioi.. Tw." 11II B8r AIICldaIIan and the Amerlcan Bar Aleodation. He had been WI actIYe trIIII1ber of the AtIcat I " Bar j& IIIlCfatIon far the p8It nine yeera. He was a ".,.. of World War II and II IlI8I11ber 01 the Calvary EpIIcoplII Cludlln _lIpllll. Mr. F1e"tiIl11"lIlMved bv his .......... Bzabe4h F1emIng; two daughIln, Mrs. AIJdty Hell and .... JeanelI8 Crawbd bolh of Mempllls; two sons. JIrMs E. FIen*1g, Jr. 01 Clevellnd. Tw," II I II; and EIdnI B. CnlwIord 01 Mempilla; two brothenI. W111am T. FlemIng 01 Cleerwater, FIorlda, and Joe W. FIen*1g of two listers, Dr. Ruth Flemilll 01 San Ffanclsco, CaIfomIa, and Mrs. DorIs Hays of Clemwater. FlorIda; and eight grandchlldnln.
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JOHN OWENS MOORE, SA. 'Promlnent Texarkana lawyer John Owens Moont, Sr., aged 54, dlecI Sunday, May 18, 1980. He was a former member of the state Houle of Representativell and the state Senate. He served in the House of Rep! BBBntatlww from 1956 to 1980 and the state senate from 1980 to 1964. Mr. Moont graduated from Dartmouth CoIege at Hanover, New Hampshire and recei'lIed his law deglee from Washi Igton and Lee UnIversIty at Lexlnglon, VIrgInia. He was a membeI of the Amerlcan Bar AssocIaUon, West VirgInia Bar AssoclaUon and the Arkansas Bar AssocIaUon. Mr. Moore joined the Arkansas Bar AssocIaUon in 1954 and served for many years on severaJ of the Association's commlltUI. He was a V8teran 01 World War II and a Presbyte-
rian. Survivors are his wife, Mrs. zelle Holman Moore; two sons, Marshall and John O. Moore, Jr., both of Texarkana; two daughters, Mrs. Margo Strickland of Nashville, Tenn., and Mrs. Missy Parks of Dermott; his mother, Mrs. Marshall A. Moore of Montgomery, W. V.; a brother, James M. Moore of Ravenswood, W. V., and a grandchild.
PHILIP GRAHAM ALSTON Philip Graham Alston, aged 62, of Little Rock and Harrison, died Saturday, May 31, 1980, after a long illness. Mr. Alston was a lawyer and served as law clerk to the late federal Judge Harry J. Lemley of the Eastern District of Arkansas from 1948 to 1958. From 1958 to 1975 he served as clerk for federal Judge J. Smith Henley of the United States Eighth Circuit Court of Appeals. He was senior law clerk to Judge Henley from 1975 until his death. A native of Texarkana, Mr. Alston received his law degree from the University of Arkansas at Fayetteville and was admitted to practice in Arkansas in 1940. He first served as a special attorney for the federal Justice Department's Land Division. He also served as an assistant United States attorney for the Western District of Arkansas before entering three years of private practice in Texarkana. From 1946 to 1948 he was Texarkana city attorney. His law partner had been federal Judge Henry Woods now of Little Rock. Mr. Alston anonymously authored an informal newsletter called "The Fulminator". He used the newsletter to satirically depict local political personalities and events. He is survived by a son, Philip G. Alston, II of Fort McClellan, Ala., and a granddaughter.
A, GENE SYKES A. Gene Sykes, aged 63, of N. Little Rock, a lawyer and former state insurance commissioner, died Sunday, June 15th. He had recently retired as chief attorney for the state Alcoholic Beverage Control Division. In September 1970, the late Governor Winthrop Rockefeller appointed Mr. Sykes, a veteran insurance executive, as insurance commissioner. He served in that position until resigning to enter private law practice in September 1972. He graduated from the Little Rock Junior College and received his law degree from the University of Arkansas. In 1972, he joined the law firm of Kemp and Whitmore and worked as assistant city attorney during the time Joseph C. Kemp was Little Rock city attorney. He became vicepresident of First Pyramid Life Insurance Company in 1974. In the same year, Mr. Sykes was elected president and chairman of the Board of Eden Isle Corporation, owner of a resort and residential development of First Pyramid. He joined the state Alcoholic Beverage Control Board as chief attorney in 1978. Mr. Sykes was a veteran of World War II and was recalled to active duty during the Korean War in 1951. He was a first lieutenant in the Army Judge Advocate General's Corps. He later was a captain in the Army Reserve. He was a member of the First Presbyterian Church at North Little Rock and served on the vocations committee of the Presbytery of Arkansas-Union. He was a member of the Board of the Good Shepherd Ecumenical Retirement Center and had been a Board member of the Family Service Agency of Pulaski County. Mr. Sykes was a member of the Kappa Alpha social fraternity, Phi Theta Kappa scholastic honor society, Delta Theta Phi legal fraternity and the Arkansas Sheriffs Association. He was a member of the Pulaski County Bar Association and the Arkansas Bar Association. He was also a member of the Elks Club of North Little Rock, the Blue Goose International Insurance Fraternity and the Optimist International. Mr. Sykes is survived by his wife, Mrs. Faye Cook Sykes; a son, Clayton E. Sykes of Albuquerque, N.M., and two sisters, Mrs. Edell Thompson of Blytheville and Mrs. Della Faye Corkran of Phoenix, Arizona.
JOHN MORTON LOFTON John Morton Lofton, aged 75, of 3934 South Lookout in Little Rock, died Thursday, April 17, 1980. He had been a lawyer for the past 51 years and a member of the Arkansas Bar Association since 1953. He was also a member of the Pulaski County Bar Association and a former President. Mr. Lofton was a member of the Trinity Episcopal Cathedral in Little Rock. He is survived by a daughter, Mrs. Edward L. Wright, Jr. of Little Rock and a grandchild.
JAMES HERBERT MOODY Retired lawyer James Herbert Moody, aged 73, of Bald Knob, died Thursday, May 8, 1980. He was a former White County judge from 1938 to 1942. During his term as judge, he established the White County Library and the White County Health Department, both located at Searcy. Mr. Moody served in the state House of Representatives from 1950 to 1960 and was prosecuting attorney from 1942 to 1950. He was also a former mayor of Bald Knob and owner of the Bald Knob Telephone Company. Mr. Moody was a member of the Bald Knob Country Club, the Arkansas Bar Association and a Mason. He was a veteran of World War II and a member of the First United Methodist Church at Bald Knob. He is survived by his wife, Mrs. LaDelle Honea Moody, and a brother, Harold Moody of Atkins.
TALBOT FEILD, JR. Former state representative Talbot Feild, Jr., aged 67, of Hope, died Sunday, May 11. A native of Hope, Arkansas, he was a graduate of Hope High School and the University of Arkansas at Fayetteville and received his law degree from the University of Arkansas School of Law in 1941. Mr. Feild served in the state legislature for 22 years, While serving, he was speaker pro tempore and chairman of the Rules and Revenue and Taxation Committees. He was a member of the Legislative Council and National Conference of State Legislative Leaders. He was a member, director and secretary of the Pioneer Washington Restoration Foundation, past director of the Hope Chamber of Commerce and Committee of 100, the Hope industrial development group. Mr. Feild was past president and secretary-treasurer of the Hempstead County Bar Association and secretarytreasurer of the Southwest Arkansas Bar Association. He was a member of the Arkansas Bar Association for 38 years and served on several Bar Association Committees. He was a member and past senior warden of the St. Mark's Episcopal Church and president of the Full Gospel Businessmen's Association. For more than 10 years, he was the local Red Cross chairman. Mr. Feild was a veteran of World War II. Survivors are his wife, Mrs. Carlene Bruner Feild; a daughter, Miss Anna Catherine Feild of Hope; and a sister, Mrs. Hattie Ann Byrd of Texarkana.
I.
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October 1980/Arkansas Lawyer/203
AICLE NEWS by Claibourne W. Patty, Jr. Executive Director Arkansas Institute of Continuing Legal Education
DIVERSITY OF TOPICS HIGHLIGHTS THIRD YEAR OF OPERATION The Arkansas Institute for Continuing Legal Education (AICLE) has completed its third year of operation. During the past year the number of programs, the diversity of topics and the overall attendance by the bar have shown a marked increase. Statistically speaking AICLE directly sponsored nine different programs, seven in Little Rock and one at Arkadelphia. A total of 99 lecture (demonstration) hours were presented to approximately 1430 registrants, or an average of 159 registrants per program-session. This average represents an increase of approximately 18% over the previous year in which there were 135 registrants per program-session. The number of different program presentations increased 28% over the previous year. The committees and sections of the Bar which have been involved during the past year are as follows: the Creditors' Rights Committee; Real Estate Law Committee; Young Lawyers Section; Taxation, Trusts and Estate Planning Section; Criminal Law Section; Probate Law Committee; Labor Law Section; and Anti-Trust & Trade Regulations Committee. As I have stated previously, by necessity (and now by tradition) AICLE relies on the members of the Arkansas Bar Association to patronize the various CLE presentations during the bar year not only as registrants but also to voluntarily participate as program planners, chairmen or moderators, lecturers and panelists and authors of course material with little or no honoraria and minimal reimbursement of personal expenses only. On my own behalf and on behalf of the AICLE Board, I wish to thank the leaders and the members of the Arkansas Bar Association for their direct support and participation in AICLE programs as well as those who have indirectly sup204/Arkansas Lawyer/October 1980
ported the programs by providing input and suggestions for their improvement as well as the presentation of ideas for new programming. The leadership of the Bar has supported strong Bar section and committee activity in the CLE area, and the sections and committees as indicated above have responded overwhelmingly. The membership of the Bar has responded by enthusiastically participating in the various programs as faculty or planners as well as providing overwhelming attendance as registrants. The two cosponsoring law schools, the University of Arkansas in Fayetteville and the UALR School of Law have provided leadership and program planning through their respective deans, and more importantly have provided generous faculty support as program participants. In addition, the UALR School of Law continues to provide housing for AICLE as well as the salaries for the Executive Director and his secretary. In this sort of climate AICLE can not help but thrive and grow to meet the challenges for continuing legal education in the future. The Bar membership will continue to benefit by the availability of quality CLE programs on a variety of topics, basic and advanced, at registration costs modest by national comparison. "NUTS AND BOLTS TAX AWARENESS WORKSHOP" TO BE AN ANNUAL EVENT The Second Annual Tax Awareness Workshop for the general practitioner, cosponsored by AICLE and the Taxation, Trusts and Estate Planning Section of the Arkansas Bar Association; was presented at the Camelot Inn in Little Rock on April 25-26. The general topics concerned the use of trusts in estate planning for non-tax oriented lawyers. The particular subjects discussed under this general topic were those with which most practitioners are involved at some time such as: marital deduction trusts, generation-skipping trusts, life insurance trusts-revocable
/ and irrevocable, trusts for minors, Clifford trusts arrangements, property lease-back trusts, revocable trusts in general as well as a panel discussion of the statutory power of fiduciaries, practical aspects of trust administration, selection of trustees and income taxation of trusts. As stated previously the purpose of these workshops is to provide "awareness" of the tax aspects of various areas in which most attorneys practice with some regularity. The objective is to give the participants in this program an idea of the tax aspects involved, some of the general theory behind the tax law applicable and points to consider in representing their clients without trying to make tax specialists out of them. Since the response to these programs have been so favorable the Taxation Section is now working on a 1981 tax awareness workshop which will be concerned mainly with basic income tax considerations of corporations, partnerships and other business entities. Once again the program is not designed to make a tax specialist out of the general practitioner, but to merely point out the basic income tax considerations and the common pitfalls to be avoided in connections with representing clients who are in business or the business entities themselves. This program is scheduled to be held in little Rock at the Camelot Inn on May 1-2, 1981, and more information on the program will be sent to the Bar membership early that year. SECOND ARKANSAS COLLEGE OF TRIAL ADVOCACY FULLY REGISTERED The Second Annual Arkansas College of Trial Advocacy, jointly sponsored by AICLE, the UALR School of Law and the Arkansas Trial Lawyers Association was conducted in Little Rock at the Old Federal Building for five days beginning May 11 and ending May 15. Once again this program was limited to 36 registrants, and it was de-
signed primarily for practicing attorneys with zero to five years of trial practice experience. The College stressed techniques and information designed to enhance the practical knowledge and to sharpen the courtroom skills of those attorneys who attended. The course included lectures, demonstrations and workshops conducted by highly qualified teams of experienced trial practitioners and law professors and they covered such topics as direct and cross-examination of witnesses (expert and lay), adverse examination, opening statement and closing argument, use of demonstrative evidence and foundations-impeachment. The workshop leaders were Thomas J. McNamara, Esq., Grand Rapids, Michigan; Professor Steven H. Goldberg, UALR SChool of Law; and joint workshop leadership by Phillip E. Kaplan of Little Rock and John Forster of North Little Rock. In addition there was a demonstration trial on Sunday afternoon May 11, ably tried by Scott Baldwin, Esq., Sidney S. McMath, Esq., and Professor James Jeans for the plaintiff and Winslow Drummond, Esq., Thomas J. McNamara, Esq., and Hilary Rodham, Esq. for the defendant. Once again this course met with a most enthusiatic response by those attending, and plans are now underway to conduct a Third Annual Arkansas Trial Advocacy College. Some consideration is aiso being given to presenting a trial course at a more advanced level on one or more topics which might be of interest to seasoned trial practitioners. ANTITRUST SEMINAR RATED EXCELLENT BY THOSE ATTENDING A program entitled "Antitrust: An Overview For The General Practitioner", jointly sponsored by AICLE and the Committee on Antitrust and Trade Regulation of the Arkansas Bar Association was presented at the Camelot Inn in Little Rock on Friday, May 23. James M. Simpson, Jr. was the program chairman and he, aiong with Peter Kumpe, the chairman of the Antitrust Committee, introduced the program and provided the statutory scheme. The main speakers were three well known specialist in this area and included: Stephen D. Susman of Houston, Texas, who spoke on the subject of agreements between competitors and monopolization; Landon H. Rowland of Kansas City, who spoke on antitrust problems in the distribution of goods and services (exclUding Robinson-Patman); and Charles T. Newton
of Houston, Texas, who spoke on the subject of pricing under RobinsonPatman. The genesis of this program was that the Committee on Antitrust and Trade RegUlation decided during the immediate past bar year to put on this sort of program as its major project. A date was obtained when space was available, the speakers were contacted and the program put together and presented to the Bar within a six month period. Not only that but it was definitelya "quality" program with first rate speakers that otherwise would only be available to those peeple who at great time and expense would want to travel to one of the major !-Ities in the United States to attend such a program being presented by a National CLE organization such as ALI-ABA or PLI. This sort of cooperation between AICLE and a committee of the Bar Association is rapidly becoming the rule rather than the exception to CLE programming in Arkansas. Normally we plan well ahead for such significant programs as the Fall Legal Institute and the Midyear Meeting and on a year to year basis with such annual programs as the Practice Skills Course, Arkansas-Federal Tax Institute, Annual Labor Law Institute, and the Annual Tax Awareness Workshop. Increasingly however, there seems to be a demand for such specialized subjects as the field of Antitrust or other subjects of more general interest which either a particular committee or section of the Bar wishes to sponsor or determines by survey, or the committee or section is contacted by AICLE to take on a particular program as a project. As we approach the day when either manditory continuing legal education or some variation of it is thrust upon us, we will at least have the mechanism to generate a sufficient number of programs on different topics to allow the Bar membership to acquire a sufficient number of credits on different CLE subjects at a minimum of time and expense on their part. At any rate the Committee on Antitrust Law deserves the credit for determining a need to present a short seminar on a highly specialized topic which would be understood by the general practitioner and putting to program together to be presented within a given bar year. "DOMESTIC RELATIONS SYSTEM" TO BE PRESENTED AT FALL LEGAL INSTITUTE The Domestic Relations System, edited by the Family Law Section, chaired by Ben Rowland of Little Rock,
will be available for the first time to registrants at the Fall Legal Institute to be held at Little Rock at the Camelot Inn on September 18-19. The two day program itself is tailored around the system and features four well known speakers on family and matrimonial law who include, Joseph N. DuCanto of Chicago discussing property division and its consequences including tax aspects; Professor Henry H. Foster, Jr., and Doris Jonas Freed, Esq., both of New York City, who will discuss Arkansas Act 705 and the eight criteria used in property settlements; and Michael H. Minton of Chicago who will discuss the value of a home-maker as determined under Arkansas Act 705. In addition Robert M. Cearley, Esq., of Little Rock will give an introduction to the Arkansas Domestic Relations System itself, James E. Harris, Esq., of Little Rock will discuss income tax with respect to divorce or separation, Ben D. Rowland, Jr., Esq., of Little Rock and program chairman, will discuss the legislative and case law history of Act 705; Hon. Robert H. Dudley will speak as a chancellor who looks at child custody, child support and visitation; Phillip E. Dixon, Esq., of Little Rock, will speak on contractual agreements; William G. Myers, Esq., of FayetteVille, will speak on garnishment and post-divorce relief; Hon. Charles E. Baker will speak on bankruptcy and divorce decrees; Hon. L. D. Blair, Administrative Law Judge at Little Rock, will speak on Social Security considerations at time of divorce; Larry Carpenter, Esq., of North Little Rock, will speak on the military divorce; Virginia Atkinson, Esq., will speak on antinuptial agreements and Messrs. R. E. Brians, Scott Dobbs, Ivan Smith, and Doyne L. Plummer will speak on the government's child support collection process at the county, state and federal levels. This program promises to be of such broad interests, and it being coincident with the introduction of the new Domestic Relations System, there will likely be a standing room only audience for this particular event. It is suggested that when you receive your registration brochures, please return them promptly because the space will be available on a first come first served basis. PROGRAMS IN PROGRESS The Twentieth Annual Practice Skills Course, designed for the recent admittee to the Bar (and those lawyers recently becoming active in the practice of law) will be held at the Little Rock continued on page 216 October 1980/Arkansas Lawyer/205
THE JUDICIAL ARTICLE OF THE PROPOSED 1980 CONSTITUTION By: Dean Robert K. Walsh UALR School Of Law
Since the ratification of the Arkansas Constitution of 1874, great developments in the law have taken place. The rapid increase in population together with innovations in transportation and communication have presented many new problems to the administration of justice in Arkansas. The task of the 1980 Constitutional Convention was to propose for ratification by the voters a judicial article for a new constitution that would give a strong blueprint for the administration of justice in Arkansas in the 1980's and beyond. The convention had first met during the summer of 1979 and proposed a number of changes in the judicial article from the 1874 Constitution. Discussion took place in the legal community and otherwise in the interim period between the adjournment of the 1979 convention session and the final two week session of the convention in the summer of 1980. The convention made some significant changes in the proposed judicial articles during this final session. The final proposed judicial article is primarily in Article V of the proposed 1980 Constitution in twenty-four sections and provides an important separate issue option to the voters in the November election. Since lawyers are often asked by potential lay voters about public issues that affect the administration of justice, the purpose of this article is to review some of the significant provisions in the proposed judicial article. ELECTION VERSUS MERIT SELECTION OF APPELLATE JUDGES Perhaps the most basic question in terms of any judicial branch article is how judges are to be selected. Under the Constitution of 1874, Arkansas currently selects its judges by popular election on a partisan basis. It is on this issue that the convention offers the voters in November probably the most 206/Arkansas Lawyer/October 1980
significant change in the judicial article. Selection of trial level judges under section 17(a) of proposed article V would remain by popular election, but on a non-partisan basis. As to selection of justices and judges for the Court of Appeals and Supreme Court, however, the convention offers the only voter option split out from the main body of the proposed constitution. In addition to voting on the ratification of the main document, the voters will vote separately on whether to choose appellate judges by non-partisan election or by merit selection. Since it is most often associated with the state of Missouri, merit selection plans are often referred to as "Missouri Plans." Under the particular plan of the convention, an Appellate Court Nominating Commission will be set up "comprised of one judge appointed by the Supreme Court, one attorney elected from each Congressional district by the attorneys residing in that district, and two citizens not members of the bar appointed by the Governor." Members of the commission would serve for eight year staggered terms. After studying the background of candidates for appellate court vacancies, the commission would submit three nominees to the Governor for final selection. If the Governor failed to make an appointment from the three ~ominees within 60 days, the nominating commission would then make the appointment. At the first general election held at least twelve months after the date of appointment, the judge would be reviewed by the voters through a retention election. Subsequent terms would be for eight years followed by another review at the retention election. Appellate judges currently in office would be reviewed at retention elections following the expirations of their respective terms. The method of merit selection is endorsed by the American Bar Associa-
tion in its model judicial article. Every state that has changed its method of judicial selection in the last thirty years has changed to some version of this method. Same states in Arkansas' general region using this method of selection are Florida, Iowa, Indiana, Colorado, Arizona, Oklahoma, Tennessee, Kansas, Nebraska, and Missouri. Proponents of such plans argue that polls have shown that judicial candidates in statewide elections have almost no name recognition and that voters know little about a candidate's legal abilities or potential judicial demeanor. Therefore, other characteristics of candidates, such as ability to raise funds, appearance on mass media, social or business affiliations, ballot position, and appeal of the candidate's last name become more important in getting elected than qualifications for the judiciary. Moreover, since statewide campaigns require increasingly large expenditures, it is likely that a judicial candidate may later find campaign donors as parties or attorneys before his or her court. It is also argued that judges will remain as responsive to the voters after initial selection, since as a practical matter they are as likely to lose their job at the end of their term in a retention election as they are as an incumbent in a potentially contested race. The chief argument of opponents of merit selection is that the judiciary is a branch of government and its officers should be selected both initially and afterwards by the governed in order to maximize their responsiveness to the people. They also argue that whatever the experience in other states, the election system has worked well in Arkansas. Even if the election option proposed by the convention is adopted by the voters, however, the 1980 Constitution would change the present method of election to "a non-partisan basis by
majority vote" under procedures provided by the General Assembly. Presently, candidates for judgeships initially run with party designation at the time of the primary elections. If a majority is not achieved, a primary runoff is held. At the time of the subsequent general election, there are usually at most two candidates and one candidate will be elected with a majority vote. With non-partisan elections, the most likely procedure will be for candidates to run for the first time at the time of the general election. If more than two candidates are on the ballot and there is no majority for one candidate in this voting, there would presumably have to be a special runoff election a few weeks later. This would mean that many judges ultimately would be elected at these special runoff elections following general elections which would probably have very small voter participation. An alternative might be to ask the political parties to include all candidates for judgeships without party designations on their ballots at the time of the primary elections paid for by the political parties. As to other changes in the appellate courts, the proposed constitution would change the number of judges on the Court of Appeals from six to seven and would have the Chief Justice of the Supreme Court and Chief Judge of the Court of Appeals both selected by the members of their respective courts for four year terms with eligibility to succeed oneself. The Court of Appeals judges would remain chosen by districts. The 1980 summer session retained the present system of selecting Supreme Court justices on a statewide basis, changing the controversial proposal in the 1979 preliminary draft calling for the election of Supreme Court justices from districts.
RETENTION OF JUDGES Once judges are selected by whatever method, it is important to provide procedures to try to retain good judges and remove those judges whose performance bring their offices into disrepute. This the convention did by setting up two commissions. Article IV, section 17 sets up an Arkansas Compensation Commission to make recommendations to the General Assembly concerning salaries of all executive, legislative, and judicial state officers. The members of the commission are appointed by the Governor. In article V, section 24, the proposed constitution sets up a Commission on Judicial and Prosecutorial Discipline and Disability to hear complaints concerning judges and prosecuting attorneys and submit recommendations to the Arkansas Supreme Court for disciplinary action including removal from office. Under the 1874 Constitution, it is not practically possible to remove a judge from office until the next election, since the only present remedy, impeachment, is cumbersome and never used. One feature of this discipline commission in the initial 1979 draft that provoked some discussion was that all members were appointed solely by the Governor. The 1980 summer session changed this to a commission of nine persons, three chosen by representatives of each of the three branches of state government. REORGANIZATION OF COURTS Under the present constitution and its amendments, the general trial level courts are the circuit courts, chancery courts, and probate courts. The judges of the chancery court are also judges of the probate court within that jUdge's chancery district. In addition, there are a large number of special courts of li-
Dean Robert Walsh was born and raised in Nebraska. He attended Providence College in Rhode Island and Harvard Law School. While in law school, he served as an editor of the Harvard Journal on Legislation. After law school, he practiced with the law firm of McCutchen, Black, Verleger and Shea in Los Angeles, primarily as a litigator. He then was a law professor at Villanova Law School in Pennsylvania before coming to Little Rock as Dean of the UALR School of Law in June of 1976. In addition to his responsibilities as Dean, he is a professor of law, currently teaching a course in Federal Courts. Dean Walsh is extremely active in Bar Association work. He is currently a member of the Bar Association's Constitutional Reform Committee. For the past two years, he has been a member of the Judicial Article Task Force of the Arkansas judicial Planning Committee appointed by the Arkansas Supreme Court.
mited jurisdiction: county courts, justice of the peace courts, mayors' courts, police courts, courts of common pleas, and municipal courts. Some of these special courts, especially the county courts and justice of the peace courts, do not necessarily have lawyers as judges. The county judge, who is really the chief executive officer of the county government, is given jurisdiction over such matters as juvenile proceedings. Justices of the peace have jurisdiction over small civil matters. Almost everyone in the justice system agrees that the present trial court structure needs to be simplified and that judicial officers should be trained in the law. The convention was, however, presented with many divergent views as to how court reorganization should be addressed in a new constitution. The proposed constitution simplifies the court structure by creating only two trial level courts: circuit courts and county trial courts. The county trial court takes the place of all the previous sundry courts of limited jurisdiction, the most important of which are the municipal courts. It is the intent of the convention that there be at least one county trial court in each county (schedule II section 2) and that the General Assembly in a number of counties may establish localized divisions as needed e.g. the Benton County Trial Court, Siloam Springs Division. In setting up the Circuit Court as the trial court of general jurisdiction, section 9 of article V states that the "Circuit Court shall sit in divisions of law, chancery, and family matters. Equity and probate matters shall be vested in the chancery division... The General Assembly may combine divisions or continued on page 209
ON THE COURTHOUSE SQUARE IN ARKANSAS By: John Purifoy Gill and Marjem Jackson Gill BOOK REVIEW' Back in the early 1960s, John Purifoy Gill always took a camera with him when he left Little Rock to try a lawsuit in another county. He'd snap a picture of the courthouse, and as these photographs began to mount up, the idea suddenly occurred to him that they would make an interesting book. His wife, Marjem, got interested in the project, and she started doing some research on the bUildings and accompanied him on many of the trips. In about three years, he had photographed them all. But Gill's law practice expanded and so did his family. The notes and pictures had to be put away. It was about three years ago that Mrs. Gill, her three children now school-age, took the notes and photographs down from the shelf and began working on the project again. The result is "On the Courthouse Square in Arkansas," an interesting and even important book that went on sale at bookstores in the state in June. Gill published the book himself, and he has set the price at $19.95. This may appear to be a little steep, but this really isn't an abnormal price for an oversized, coffeetable book. And certainly it's a more appropriate volume for an Arkansas coffeetable than those collections of famous paintings or far-off ruins or bird books that are usually found there. If nothing else, consider the travel expenses the man has to recoup. He visited each of the county seats at least three times, and he had to make four trips to several of them. Now there are 75 counties, plus 10 counties that have more than one courthouse. In addition, the book also contains pictures of all of the U.S. courthouses in Arkansas (11) and those buildings (state and federal) still standing that were once court-
'Robert S. McCord 208/Arkansas Lawyer/October 1980
houses but are now either empty or used for other purposes (16). Some of the most interesting pictures are closeups of features of some of the old buildings-the unusual post and banister in the Green County Courthouse, the attorney's lectern in the Jackson County Courthouse, the front gate to the courthouse in Garland County and the zoo that ajoins the Franklin County Courthouse in Charleston. Gill's pictures are unvarnished in that if the view of the building is blocked by traffic signals, posts or trees, that's the view Gill gives us. Of course, most of the courthouses really aren't beautiful, so no amount of filters, different lenses or unusual camera angles could have helped most of these buildings. The only thing that would have made a difference would have been color photographs, but 16 years ago when Gill started the book, color photography was not as common (or simple) and, of course, it would have greatly increased the cost of printing the book if the reproductions had been in coior. Of course, the pictures are interesting because they are so instructive about the counties. Even without reading the captions, you can tell which pictures are from poor counties, counties that have long and proud histories and counties that look upon a courthouse as nothing more than an office bUilding. Now Mr. and Mrs. Gill avoid making an editorial judgment in their text. After all, Gill never knows when he will be standing before the bar of justice in one of these buildings. However, they do admit a fondness for the ten 19th Century courthouses that are still standing. Also, they appear to admire the two-dozen courthouses that were designed by Charles Thompson, a very prominent architect in Little Rock in the
early 1900s. His courthouses (the one in Fayetteville, for instance, is a grand example) are outstanding. Many Arkansas courthouses were built by the WPA-a style that the Gills refer to as "WPA Moderne," adding the extra "e" as a somewhat futile effort to make a silk purse out of a sow's ear. One courthouse (Lake City in Craighead County) is made of wood. Another one (Berryville in Carroll County) was built as an office for an electric co-op. There are all kinds of interesting facts in the short blocks of copy that accompany the pictures. For example: -The records in the Arkansas County courthouse in DeWitt date back to 1796 and are written in Spanish. -At least two of the courthouses were burned intentionally to cover up the records of crimes. -The Perry County courthouse was paid for by private contributions rather than tax money. Marjem and John Gill did most of the work putting this book together, but they did have some help. Their daughter did the proofreading, the oldest son drew a sketch for the book and the youngest child helped his mother operate the microfilm readers. Some friends who are photographers, writers and architects helped, too. So did their friends in the bar, inclUding distinguished ones like Supreme Court Justice John Stroud who was especially helpful in running down obscure facts. "On the Courthouse Square in Arkansas" is a book that lawyers ought to find highly interesting, and Arkansas history buffs will surely want to own. Much of the research is original and hasn't been printed before, certainly not in one place.
f..... .
Judicial Article continued from page 207 create other divisions with jurisdiction in each division as provided by law." In this provision, the convention provided its answer to two recurring and important questions of court reorganization: whether to merge law and equity and where to vest jurisdiction over juvenile and other family matters. Arkansas is one of approximately five states that still maintain separate law and equity courts. Under the Constitution of 1874, chancery courts are not mandated; the General Assembly is simply given authority, which it has exercised, to set up separate chancery courts. There were not separate chancery courts throughout the state until 1903. The General Assembly has the authority to merge law and equity by statute. The proposal of the convention retains the status quo in this area. While the circuit court will be the trial court of generai jurisdiction, it will have a chancery division. However, the General Assembly will retain the power to combine divisions in the future. A related question was where to put the juvenile jurisdiction taken from the county jUdge. Currently, juvenile jurisdiction includes delinquency matters, as well as questions of dependency, neglect, and juveniles in need of supervision. This jurisdiction is now vested in the county jUdge. In a few large counties, the county jUdge appoints a lawyer as a full-time juvenile referee. In other counties, a lawyer is appointed as a part-time referee. Rnally in a number of counties, the county jUdge, who is not ordinarily a lawyer, hears such matters personally. Before and during the convention, there seemed to be a consensus of public feeling to reform juvenile jurisdiction. The convention through both of its sessions seemed to focus on the option adopted in some states of setting up a full-time court which would handle all family problems: divorce and custody, which are currently chiefly before chancellors, as well as juvenile matters. In the 1979 summer session the convention initially put juvenile jurisdiction in the chancery division of the circuit court. Upon reconvening in the summer of 1980, the convention changed and created a separate family division of the circuit court, subject to the legislature's power to change divisions in the future.
OTHER NOTEWORTHY PROVISIONS The proposed judicial article contains other noteworthy provisions. The prior practice of the Supreme Court before the Court of Appeals was created of sitting in panels would be forbidden under article V, section 2(b). Federal courts would be able to certify questions of state law arising in federal cases directly to the Arkansas Supreme Court. Article V, section 8 requires that all opinions of the Supreme Court, except per curiam opinions, be published. See Newbern and Wilson, "Rule 21: Unprecedent and the Disappearing Court," 32 Arkansas Law Review 37 (1978). The General Assembly is given power to establish jurisdiction, venue, and the number of jUdges for all trial courts. The Supreme Court may make rules respecting appellate jurisdiction subject to change by a two-thirds vote of the General Assembly. Finally, the Supreme Court's power to prescribe rules of procedure is subject to change by two-thirds vote of the General Assembly. CONCLUSION In summary, while retaining many of the basic features of the Judicial Article of 1874 as amended, the convention has offered some potentially important changes. These changes could greatly influence the practice of law and administration of justice in Arkansas if the constitution is adopted. However, it is doubted that the judicial article, in comparison to such issues as property taxation and usury, will so strongly concern the voters generally as to affect significantly the outcome of the ratification election in November. Nevertheless, it deserves the intent stUdy and discussion of the legal community of Arkansas before the voters determine its fate."
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WRIGHT APPOINTED SUPREME COURT LIBRARIAN Jacqueline S. Wright of Little Rock has been appointed the Arkansas Supreme Court Librarian by the Arkansas Supreme Court. Mrs. Wright has assumed the position created by the retirement of Ms. Ruth Lindsey, which was effective October 1, 1979. Mrs. Wright, a native of Euclid, Ohio, moved to Arkansas in the late 1940's. She attended junior and senior high schools in Helena, Arkansas, and graduated from the University of Arkansas, with a B.A. Degree in Journalism in 1955. In June of that year, she married Robert R. Wright, attorney and currently a Doneghy Distinguished Professor at the University of Arkansas at Little Rock Law School. After the births of their three children, Robert, John, and David, Mrs. Wright resumed her educational studies. She received her J.D. Degree from the University of Oklahoma in 1973. In 1974, Mrs. Wright was admitted to the Oklahoma Bar and to practice before the U.S. District Court, Western District of Oklahoma. From 1974to 1975, Mrs. Wright was associated in general practice with the Norman, Oklahoma firm of Floyd, Oliphant, and Bauman. In addition, from 1974 to 1976, she served as Assistant General Counsel for the Oklahoma Association of Municipal Attorneys, based in Norman. Mrs. Wright served as legal assistant to Presiding Judge Lester Reynolds, Oklahoma Court of Appeals, Oklahoma City, from 1975 to 1976. Returning to Arkansas, Mrs. Wright served as law clerk for Associate Justice John Fogleman of the Arkansas Supreme Court from 1976 to 1977. Following her clerkship and her admission to the Arkansas Bar by reciprocity in 1978, Mrs. Wright became an instructor at the University of Arkansas Law School. During her tenure, Mrs. Wright served as the Director of Moot Court competition. In 1978, Mrs. Wright was appointed and served as law clerk 210/Arkansas Lawyer/October 1980
for Federal District JUdge Elsijane Trimble Roy, Eastern and Western Division of Arkansas, before accepting the appointment to the Supreme Court Library in 1979. Mrs. Wright is a member of the Pulaski County, Arkansas, Oklahoma, and American Bar Associations. She is also a member of the Arkansas Women Lawyers' Association. In addition to other legal research, Mrs. Wright is the author of the Appellate Advocacy Handbook for the Arkansas Supreme Court and Court of Appeals, currently being printed. UNAUTHORIZED PRACTICE OF LAW COMMITTEE ACTIVE IN 1979 Established by the Arkansas Supreme Court in December of 1978, the Committee on the Unauthorized Practice of Law is empowered to receive and investigate complaints and to publish advisory opinions of the Committee's decision concerning alleged actions or course of conduct of the unauthorized practice of law in Arkansas. In 1979, the Committee received two official and one unofficial complaints for investigation. One official complaint filed by a law firm alleged that a person in the state preparing deeds was not a member of the Arkansas Bar. After Committee investigation and correspondence with the non-attorney cited in the complaint, the matter was satisfactorily resolved. One unofficial complaint concerning advertisements in publications was satisfactorily resolved by the Committee in 1979. One official complaint filed concerns allegations that a law firm in the state lists a staff member available to assist clients who is not a member of the Arkansas Bar. This complaint was under Committee investigation and was still pending at the end of 1979. The Committee filed its Rules of Procedure with the Supreme Court on August21, 1979. The Rules of Procedure outline the methods by which complaints are to be filed with the Committee and procedures for Committee investigation and resolution of such mat-
IIII
ters and the substantive rules are as follows: 1. All matters directed to the attention of the Committee must be in writing and signed. 2. All matters directed to the attention of the Committee must be filed with the Supreme Court Clerk. The Supreme Court Clerk files the original and sends copies to the Committee secretary, who forwards copies to all Committee members. 3. Each inquiry or complaint is considered by the entire Committee. 4. After Commillee investigation and consideration, the final opinion or response is drafted and sent to the complainant. 5. If the unauthorized practice of law is indicated, the final opinion is sent to the party cited, with notice to the party of right to a formal hearing. 6. If the party cited desires a formal hearing, that party must send a written request for hearing, specitying his objections to the opinion, to the Committee. 7. The Committee will then set a formal hearing date for no later than 20 days after Committee receipt of the request. 8. Forty-eight hours prior to the hearing, the requesting party and the Committee must exchange a list of all witnesses to testify at the hearing. 9. The appealing party may request the Supreme Court Clerk to issue subpoenas for witnesses and either party may request that a transcript of the proceedings be made, with all costs to be borne by the party requesting the transcript. 10. At the hearing, the burden of proving actions constituting the unauthorized practice of law is with the Committee. At the close of all the evidence, the Committee makes its deliberations in private and reconvenes the hearing to announce its decision. 11. Following the hearing, the Committee may issue a new or supplemental opinion. continued on page 213
THE NEW 1980 ARKANSAS LAW OFFICE MANUAL The Arkansas Law Office Manual is another of the Arkansas Bar Association's continuing SYSTEMS publications. The Manual was introduced at the Association's 82nd Annual Meeting during the morning session, Friday, June 6th, by Author-Editor Fran Shellenberger. The Arkansas Law Office Manual is not only a useful management tool in every law office, but will be of tremendous value to every legal secretary in her work.
-------------------------------------------------ORDER FORM
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copy (copies) of the new 1980 ARKANSAS LAW OFFICE MANUAL at is enclosed.
$35.00. Non-members add another $25.00. Check for $ NAME: ADDRESS:
Mail to: Arkansas Bar Association 400 W. Markham Little Rock, AR 72201
ARKANSAS LAWYERS FOR YEARS HAVE BEEN "LOOKING" FOR A NEW PUBLICATION ON ARKANSAS LEGAL FORMS. AS ONE OF THE MAJOR PROJECTS IN THE ARKANSAS BAR ASSOCIATION'S PROGRAM TO DEVELOP PRACTICE SYSTEMS FOR ITS MEMBERS, PROFESSOR ROBERT R. WRIGHT AGREED TO PREPARE THE ARKANSAS FORM BOOK. YOUR SEARCH IS OVER-0RDER YOUR COPY NOW.
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October 1980/Arkansas Lawyer/211
OYEZ
•
,, OYEZ ••
By: Carol Utley
The Jefferson County Bar Association honored CARLETON HARRIS at an appreciation dinner and presented him with a gold watch and a plaque to commend him for his many years of outstanding service. Chief Justice John Fogleman was the keynote speaker. ANNABELLE CLINTON of Little Rock, spoke to a meeting of the Heber Springs Study Club on the topic of "Public Attairs". Her mother, Mrs. Lovard Davis is a member of the study club. GREGORY McKENZIE is the new President of the Franklin County Bar Association. THOMAS S, GAY formerly with the Legal Services in Pine Bluff, is now with the Atlorney General's Office in the Consumer Protection Division. The Outstanding Citizen of the Year Award was presented to attorney CLAUDE JENKINS, of DeWitt, at the Annual DeWitt Chamber of Commerce Banquet. Mr. Jenkins is the attorney for the Riceland Electric Cooperative at DeWitt. Prairie Grove has a new addition to rts professional ranks. DAVID R, LANEY. a graduate at the Fayetteville School of Law, has recently opened an office at 136 E. Buchanan Street. Attorney MELVIN CHAMBERS of Magnolia, was recently honored with a biographical sketch in the Columbia County Observer featuring his accomplishments as an attorney, author and legislator. JACK T, WILLIAMS. formerly of the Arkansas Public Service Commission, has left Littie Rock to become the attorney for the Amoco Production Company in New Orleans. Arnoco is a subsidiary of Standard Oil of Indiana. FREDYE LONG ECKHART has joined her husband EDWARD L. ECKHART in the law firm of Eckhart and Eckhart in Rison. She has formerly practiced under the name Fredye Mac Long. JIM ROSS. JR, of Monticello, has been appointed to the Arkansas Educational Televiston Commission for an eight year term. The commission has the responsibility for the operation of Educational Television in ArI<ansas. The first black ever appointed to the assistant United States attorneys office was sworn in Monday, April 7th. He is CHALK SANDERS MITCHELL formerly of West Helena now residing in Washington, D.C. He is a graduate of the Georgetown University Law Schooi at Washington. Pine Bluff native, TEO N, DRAKE. with the firm of Bridges, Young, Matthews, Holmes, and Drake, has been elected to the board of the National 212/Arkansas Lawyer/October 1980
Bank of Commerce of Pine Bluff. DAVID HALE spoke to the FHA Parent-member banquet in Magnet Cove stressing the importance of families in today's civilization. Mr. Hale is a Little Rock attorney, Pulaski County municipal judge, and former president of the United States Jaycees. JOSEPH ERWIN has moved to Little Rock from Dallas and is located at 400 Gaines Place. ANDREW WELTCHEK is now associated with Steve Backmann in New Orleans. The Southeast ArI<ansas Bar Association's new president is MURRAY CLAYCOMB of Warren. STEPHEN K, CUFFMAN has joined the firm of Tucker and Stafford in Little Rock. He is the former chief counsel for the Arkansas Public Service Commission. The Osceola Bar Association has recently elected new officers for the upcoming year. They are: MICHAEL R. BEARDEN. PreSident; LEE FERGUS. Vice-President; CHARLES A. BANKS. Secretary-Treasurer. The partnership of SMITH AND SMITH has been formed by TRUMAN H. SMITH and RAYMOND C. SMITH with offices located at 112 S. East Avenue in Fayetteville. DALE E. McCOY has moved from Russellville to Tucson, Arizona at 6680 Pidgeon Springs Place. KATHY COOK of West Memphis, was the guest speaker at the Wynne Business and Professional Women's Club on April 10th. Kathy has been employed by the First National Bank of West Memphis as Staff Attorney and Compliance Officer. DOUG HOUSE has established a law practice in Heber Springs in the Hoyt Thomas Building on Main Street. He is a native of North Little Rock and a graduate of the University of Arkansas School of Law in Little Rock. The Bar Association of Metropolitan St. Louis has elected McPHERSON D. MOORE ~s new Chairman Elect of the Young Lawyers Section for 1980-81. CRAIG A, CAMPBELL has joined DAVID R, MATIHEWS in the practice of law in Lowell. He received his Juris Doctorate from the University of Arkansas School of Law. MARK STEVEN CAMBIANO of Morrilton passed the bar exam in February and since has joined his father, JOE CAMBIANO in the practice of law. WILLIAM H. ARMSTRONG has moved his practice from Dardanelle to Smackover. The Tom Tucker Law Firm in Siloam Springs has a new associate. He is BILL MAYO, a 1979
graduate of the U of A Law School. JIM FOWLER of the Rose law firm in Little Rock, was a guest speaker at the Drew County Public Facilities Board Meeting. The topic of discussion was HUD regulations and financing. The Arkansas State University Board of Trustees named Sheridan attorney and former U.S. Representative RAY THORNTON to replace Cart Whillock as the new university president. JAMES F. DOWDEN is now with the Attorney General's office. ANDREW L. CLARK has moved his office from 108 E. 4th Street to 650 Twin City Bank in North Little Rock. BERNARD GOLDSTEIN announces the relocation of his office to 104 North Avalon, West Memphis. MICHAEL MEDLOCK has joined the law firm of A. JACK KING in Ozark. The Arkansas Trial Lawyers Association's new president is ALLEN GORDON of Morrilton. LOUIS L. RAMSEY. JR.. chairman of Simmons First National Bank in Pine Bluff, has been elected president of the Arkansas Bankers Association for the 1980-81 year. He is past president of the ArI<ansas Bar Association and is chairman of the University of ArI<ansas Board ofTrustees. The Washington County Bar Association recently elected new officers for the fiscal year beginning June 1st. They are: President, DAVID HORNE; Vice-President, PETER G. ESTES. JR.; SecretaryTreasurer, JOE B. REED. The organization has a membership of 173. WYMAN R. WADE. JR. has joined Fayetteville attorney, CHARLES E. HANKS. to form the partnership of HANKS & WADE. C. WAYNE DOWD. GENE HARRELSON. and MARSHALL H. MOORE announce the opening of their law offices under the firm name of DOWD. HARRELSON & MOORE in Texarkana. The Green-Clay Bar Association has elected OLIVER COX of Corning as president; BOB YOUNG. vice-president and RON WILLIAMS as secretarytreasurer. CARL A. CROW. JR.• a Hot Springs attorney, has returned to private practice following a temporary appointment as assistant attorney general for the State of Arkansas. He is associated with the firm of Glover, Sanders, Parkerson, and Hargraves. The board of governors of the Arkansas Trial Lawyers Association chose DAVID BLAIR of Batesville as its outstanding trial lawyer for 1979. Fort Smith attorney MICHAEL CARTER. has been invited to
address a meeting of the Southern Regional Educational Board's annual summer
statistics research being held at Pensacola, Florida. Before receiving his law degree,
Mr. Carter earned his PH.D. in statistics and taught at the University of Georgia, Appalachian State University, and the University of Arkansas. The United States attorney's office at Little Rock has a new assistant. He is ROBERT J. GOVAR. GOVAR served as senior law clerk for Judge Elsijane 1. Roy for 2 1/2 years before coming to the U.S. attorney's office. HERMAN HANKINS, JR., of Arkadelphia, has been appointed referee for the Small Claims Division of the Arkadelphia-Clark County Municipal Court. New officers for the University of Arkansas at Little Rock Law School Alumni Association were chosen in Hot Springs at the Annual Meeting. The new officers included: FRANK B. WHITBECK, president; MIKE BEARDEN, vice-president; JAMES W. SPEARS, secretary; CLAIBOURNE W. PATIY, JR., treasurer. "Wills-Their Function and Legality" was the topic addressed by ZACHARY TAYLOR at the recent meeting of the Newcorners Club in West Memphis. Mr. Taylor is with the firm of Nance, Nance, and Fleming. The Davidson Law Firm is pleased to announce that THOMAS S. STONE, MICHAEL O. PARKER, and
Juris Dictum continued from page 210 If the party requesting the hearing disagrees with the Committee's determination, the party may appeal the Committee's decision to the Arkansas Supreme Court. Disobedience of any subpoena or a refusal to testify before formal Committee hearings may be regarded as constructive contempt of and punishable by the Arkansas Supreme Court. The Committee is empowered to bring an action in the proper court seeking to enjoin proscribed conduct, in the event of a finding of the unauthorized practice of law and a continuation of the action or course of conduct alter the party's receipt of the Committee's advisory opinion. The Committee is composed of four lawyers from each Congressional District and three non-lawyer members from the state at large. Members of the Committee are: Otis Turner, Arkadelphia; Chairman Eugene Schieffler, West Helena; lack Wilson, North Little Rock; Jerry Pinson, Harrison; Mel Orender, North Little Rock; Jerry Fleming, Fort Smith; and Secretary Wayne Hartsfield, Searcy.
COMMITIEE ON PROFESSIONAL CONDUCT REPORTS FOR 1979 During the year 1979, the Arkansas Supreme Court Committee on Profes-
MARK W. GROBMYER has joined the firm in Little Rock. The attorneys of Ashley County have formed a county bar association known as the Ashley County Bar Association, Inc. The officers and directors of the association are: President-OVID T. SWITZER: Vice-President-William E. Johnson; Secretary-GARY M. DRAPER; Treasurer-L. PHILLIP McCLENDON; Directors-JAMES M. BARKER and SAMUEL B. POPE. JESSE "RUSTY" PORTER has been elected to the presidency of the Phillips County Bar Association. Other officers include: HARVEY YATES, vice-president; CHARLES ALLEN, secretary. Attorney Steve Elledge announces the association of JOHN MARTIN with his law firm in Brinkley. Little Rock attorney CHARLES [> MATIHEWS, has been recommended to President Carter for
appointment to the National Railroad Passenger Corporation which oversees the Amtrak rail system. W. ASA HUTCHINSON has been recently elected as president of the Benton County Bar Association. Other officers are: Vice-President, JOHN SCOTI; Secretary-Treasurer, GEORGIA ELROD. Benton attorney O. WENDELL HALL, JR. has been appointed by the Supreme Court to the Client Security Fund
entitled to fee reimbursement because their
lawyers allegedly mishandled their funds. TOMMY THRASH formerly of Ashdown, has been selected for inclusion in the 1980 edition of "Outstanding Young Men of America". He is associated with the Little Rock firm of Rose, Nash, Williams, Carroll, Clay and Giroi. Batesville attorney FRED LIVINGSTON has been elected to a second term as president-elect of the Alumni Association of the University of Arkansas. JAMES R. WALLACE and RALPH HAMNER announce the association of their law practices at the Paramount Life Building, 2nd and Spring Street, Ste. 600, Little Rock. The Sebastian County Bar Association recently elected new officers
for the coming year. They include: President-HARRY FOLTZ; Vice-President, ROBERT HORNBERGER; Secretary-Treasurer, JOHN R. BEASLEY. STEPHEN D. CARVER announces the relocation of his office to 11311 Arcade Drive, suite 202, Little Rock. J. E. LIGHTLE, JR., MIKE BEEBE and DONALD P. RANEY announce that A. WATSON BELL has been made a partner in the firm. WAYNE LEE and GARY GREEN have moved their office to 4801 N. Hills Boulevard, North Little Rock. ~
Committee. The committee hears cases in-
volving allegations by clients that they are sional Conduct received 183 complaints against practicing attorneys in the state, according to the Committee's statistical data report for that year. The figure of 183 complaints received and recorded that required some action on the part of the Executive Secretary represents an increase of 6% over the number of complaints received In 1978. One hundred and seventy-two complaints were received and recorded in 1978. Of the 183 complaints received in 1979, 54 written affidavits of complaint were filed with the Executive Secretary. Fifty-two of the 54 affidavits (or equivalent) of cornplaints were referred to the Committee as a whole, and the remaining two were either withdrawn by the complainant or never completely processed due to the desire or inactivity of the complainant. It is interesting to note that 33 of the complaints processed were from out-of-state complainants. Following evaluation of formal complaints last year, the Committee issued 17 letters of reprimand, and 7 letters of caution to Arkansas attorneys. After Committee investigation, one attorney voluntarily surrendered his license to practice in Arkansas. Forty-five separate matters in various stages of processing were pending before the Committee at the end of 1979.
The Arkansas Supreme Court Committee on Professional Conduct follows the Code of Professional Responsibility of the American Bar Association, supplemental to governing statutes. The Committee is composed of one lawyer from each Congressional district and three from the state at large. Members of the Committee are: Clint Huey, Warren; Caldwell T. Bennell, Batesville; Jerry Winston Cavaneau, Searcy; Chairman Walter R. Niblock, Fayetteville; Susan Miller, lillie Rock; James W. Steinsiek, Blytheville; and Dale Price, Little Rock, who serves as Secretary to the Committee. Taylor Roberts of Little Rock serves as Executive Secretary of the Committee. His duties include receiving complaints, interviewing complainants and assisting them in preparing affidavits pursuant to Committee rules, and conducting investigations when circumstances warrant such action. 1979 RULE XII CERTIFICATIONS One hundred and four applicants were certified by the Arkansas Supreme Court for representation of indigents under Rule 12 (Model Student Practice Rules) in 1979. Seventy-five were approved from January 1 to June 30,1979; 29 were approved from July 1 to December 31, 1979. ~ October 1980/Arkansas Lawyer 1213
CODE Of PROfESSIONAL RESPONSIBILITY Conflicts of Interest A substantial number of complaints arise out of the acceptance of employment involving potential conflicts of interest without full disclosure to the parties of the potential for conflict and the necessity that the lawyer may later have to withdraw if the conflict becomes a reality. Should the lawyer attempt to continue to perform incompatible roles he may subsequently be embarrassed should it be necessary to withdraw precipitously. To avoid complaints of this type. the lawyer should decline employment whenever the exercise of his professional judgment on behalf of his client is likely to be affected by his representation of another client. or by his own financial. business, property or personal inter-
ests. See Disciplinary Rules S-IOI(A) and S-IOS(C). Disciplinary Rule S-lOS(C) provides: " . . . a lawyer may represent multiple clients if it is obvious that he can adequately represent the interest of each and if each consents to the representation after
full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each." However. this should be done only with utmost caution. Even though the parties may desire to reduce costs by having one lawyer serve the interests of all parties, once
o~o
214/Arkansas Lawyer/October 1980
-Don't forget to make a reply to my plea, and I shall reply to your reply. .. that will mean two more speeches for our clients to pay for..
a conflict arises those parties may adamantly blame the lawyer. each party having looked upon the lawyer as exclusively his representative.",
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ADDENDA by C. E. Ransick Editor
HOW ABOUT REDUCING LAWYER MALPRACTICE CLAIMS BY ALMOST 50 PERCENT? Like the Arkansas Bar Association, the Illinois State Bar Association has been fortunate to be able to offer occurrence-type professional liability insurance coverage with CNA to its members. In recent years, the two Associations have stood alone in this favored position. ISBA General Counsel Howard H. Braverman in the February 1979 issue of the Illinois Bar Journal reviewed the Illinois claims statistics, and found that 46.3% arose from the same root cause, a missed statutory or regulation time (limitation lapse). In his article, Braverman stated:
In an era where lawyers must be conscious of their own spiraling costs to protect their income, it is most unfortunate to find that half the malpractice claims come from permitting liability to arise from time lapse claims accounting in dollars for 48.3% of claim payments. Particularly distressing is that these claims fall in a category in which each individual lawyer can exercise curative control.
"Within the limitation lapse category there are claims charged to malpractice arising from default judgments, expiration of time periods, lack of prosecution, failure to comply with court administrative orders, failure to respond to interrogatories and failure to timely file documents including tax returns. Fully half or more of the claims in limitation lapses are those which are charged to the expiration of stated time
Since the subject accounts for almost half the malpractice claims both in numbers and in dollars, it appears evident that we must attack this aspect of malpractice and bring about a sharp reduction in the claims it generates. Persons better able than I, will, I am sure, undertake to provide longer range solutions but there are steps that any lawyer or any office can implement immediately. For example:
periods to institute an action. Lack of prosecution, failure to file documents and default judgments follow in that order.
....-Consultthe statute books each and every time a new case is accepted; ....-Develop a primary and backup docket system to include new cases, motion dates and appeal dates; ....-Develop a managing partner and managing clerk intra-office system; ....-Verify in writing to the client your Willingness (or unwillingness) to accept proffered employment including notice as to the applicable statute of limitation; ....-Double check with courts and administrative agencies as to time fac~ tors of the next step in pursuit of the claim; ....-Develop closer supervision of associates and paralegals.
Many of these functions seem to be elementary and many lawyers will assume that they are being done properly in his or her office. But apparently there are too many assumptions and too little review of office procedure being carried on. The time for self-analysis and internal restructure is here for we know that our assumption of fact is in error and can be improved if we will only make the effort."
THE WAY TO GO Dear Arkansas Bar Foundation, We would like to sincerely thank you for your kind and generous contribution to Law Week 1980 at the University of Arkansas School of Law. Law week proved to be both educational as well as entertaining. Law week began on April 12 with BALSA's law symposium. The speakers included Merlin Augustine, Arthur McLendon, Adolph Reed, and B. J. McCoy. Although the number of black students in the University of Arkansas School of Law is small, the symposium
addressed many of their unique needs and experiences. The highlight of the symposium was the presentation of the Silas Hunt Award to Professor Carlton Bailey. On Sunday, April 13, we had the Law Week Tennis Tournament at the Fulbright courts. The tournament was divided into three doubles divisions, and the winners were: A division-Hartsall Ragan and Jay Bond; B division-Tom Harden and Kent Hirsch: and Mixed DOUbles-Joe Olson and Nancy Straley. On Monday, April 14, Joe Olson and
Billy Meeks went to Fayetteville High School to speak to students interested in law school. The women Law Students Association held a seminar on Tuesday, and the topic was "Arkansas Juvenile Justice Procedure." Judge Mays spoke about his experiences as a Juvenile Judge in Fayetteville. The Christian Legal Society sponsored a breakfast in the Arkansas Union on Wednesday, April 16. Rick Campbeil spoke on "The Christian Lawyer's Journey." That afternoon, Delta Theta Phi sponsored a seminar October 1980/Arkansas Lawyer/215
on "Worker's Compensation Procedure and Practice in Arkansas," and Mr. Bud Whetsone of lillie Rock proved to be very knowledgeable on the subject. One of the most successful Law Week programs was Pre-Law Day, which was on Thursday, April 17. Between 75 and 100 potential law students allended, and during the course of the day they toured the school, sat in on a first year class, saw a moot court presentation, and were given an opportunity to ask questions about law school. The Trial Practice Seminar was on Friday, April 18. The speakers and topics were Judge Marion Penix, "Practice and Procedure in the Court of Appeals;" Judge Thomas BUll, "Procedure and Conduct in the Chancery Court'; Mr. David Laser, "The Medical Witness;" and Mr. Jim Guy Tucker, "Administrative Hearings." Following the seminar, Judge Lineberger presided over a divorce proceeding. To end the day, Delta Theta Phi sponsored a picnic at Lake Wedington, and it was a big success, largely due to the ample supply of beer.
Law Week 1980 ended on Saturday, April 19. The day began with a golf tournament at Paradise Valiey. The Law Week 1980 Banquet was held that evening at the Ramada Inn. The speaker was Mr. Robert Kutak, primary drafter of the Proposed Code of Professional Responsibility. Additionally, Professor Howard Brill was recognized as the winner of the Student Bar Association "Outstanding Professor Award." "Law Week 1980" reqUired a lot of hard work by many students. Those who worked on Law Week, as well as those who only participated, were very satisfied with the speakers and activities. Once again, on behalf of the students at the University of Arkansas School of Law, we would like to sincerely thank the Arkansas Bar Foundation for its generous support fo Law Week 1980.
DEAN LEFLAR HONORED
LAWPAC
The American Judicature Society has presented its highest honor, The Justice Award, to Dean Robert A. Leflar, longtime advocate for post-selection legal education for appellate jUdges. The Justice Award is given periodically to individuals who have made significant contributions nationally to the cause of improving the effective administration of justice. Dean Leflar, professor of law at the University of Arkansas, has had an illustrious career in the law as a jurist and educator. He is one of the foremost experts on appellate practice in the United States. Leflar has shared his expertise in many ways-as director of the Appellate Judges Seminars, an institute at New York University Law School since 1956; as author of articles and treatises; and as a leader and consultant to many judicial administration organizations. From 1949to 1951, Leflar served as a justice of the Arkansas Supreme Court. Past recipients of The Justice Award include Mr. Justice Tom C. Clark (1967); Herbert Brownell (1972); Father Thomas Hesburgh (1976); and Chief Justice Warren E. Burger (1977). 2'16/Arkansas Lawyer/October 1980
A leller, dated April 15, 1980, was sent to the members of the Arkansas Bar Association, pointing up the need for a lawyers' political action commillee and requesting pledges/contributions forthis worthy cause. The leller stated: "The House of Delegates at the Semi-annual meeting on January 19, 1980 approved the proposal for a 'LAWPAC' fund in the amount of $10,000 to be built and maintained by contributions of $5 per month or $60 per year from interested members. This fund will be in addition to the item for legislation in the Association's budget. The main purpose will be to provide funding for a state-level lobbyist to look after Association affairs. Mr. William R. Wilson, Jr. opened the pledges with for $100. Many delegates have made pledges in recent years." The campaign for funds to date has been less than successful. Contributions, as of July 24,1980, were $1975 against $3285 in total pledges-far short of the annual goal of $10,000. Contributions/pledges may be sent in by letter to the Arkansas Bar Association, 400 West Markham, lillie Rock, Arkansas 72201.
Sincerely, Student Bar Association University of Arkansas School of Law
f......
AICLE continued from page 205 Convention Center on October 2-4, 1980. This course, formerly the "Bridging-the-Gap" Seminar is sponsored jointly by AICLE and the Young Lawyers Section of the Arkansas Bar Association. The object of the course is to provide basic and practical instruction by lawyers who have recognized expertise in the areas they will discuss. The sessions conducted during this two-and-a-half day period will include an extensive review and analysis of current forms used by those lawyers in their daily practice. A brochure more fUlly describing this years program will be mailed to the Bar membership in general and it will be handed out to the new Bar admillees when they are sworn in before the Supreme Court in September.
The Arkansas Federal Tax Institute, jointly sponsored with the Arkansas Society of CPA's, will be held in lillie Rock at the Camelot Inn on November 13-14. The faculty, made up jointly of lawyers and CPA's, will discuss the following topics: tax effects of partnerships and professional associations; design of defined benefit plans; tax planning for agriculture; tax effects of apartment-condominium conversions and recent developments in tax law. This course was well attended by lawyers last fall, and I expect an equally as good allendance this fall especially from those lawyers who have been attending the spring Tax Awareness Workshops regularly.
The Annual Midyear Meeting of the Bar Association will be held in lillie Rock at the Camelot Inn on January 15-16,1981, and it will be devoted to the introduction of the Creditors' and Debtors' Law System and will be jointly sponsored by the Creditors' Rights Committee of the Arkansas Bar Association. The topics to be covered will include the following: sales and secured transactions under the Uniform Commercial Code (UCC); prosecution and defense of claims under the UCC; collection of judgments and enforcement of liens; ,and applicability of the new Federal Bankruptcy Law. ~
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