The Arkansas Lawyer - Summer 2007

Page 37

in the twelve mo mhs preceding this citatio n

for hi s aunt Odessa McDuffie durin g May

(issued Ocrober 24, 2006), as a means of taking advamage of the court's policy of bei ng placed on probation if he had no other speeding conviction in the previous twelve months. Based on Mr. Riffel's false Affidavit, the co urt approved a Judgm ent o rder on December 14,2006, placed him on probation and o rdered him [Q pay a fine and cosrs of $ 11 0.00. The court also directed that an officer run an AC IC driver's license check co verify that his record did not show previous speeding violations. Thar reco rd check revealed his case in Newport thar was concluded on Augusr 30, 2006, abo ur mree and one-half mo nth s befo re he executed his Affidavit in the Lawrence Coun ty case. Upon being provided this information , Judge Hayes scratched his approving signature off the December 14, 2006, probacion Judgmenr, ordered Mr. Riffel 's bond forfeited, and brought the matter to the arremion of the depu ty prosecutor, Joe Grider. Jud ge Hayes reports that Mr. Grider declined CO take action. On December 20, 2006, Mr. Riffel execured an Amended and Substituted Affidavit, ex plaining his version of eve ms lead in g to his original Affidavit to the Lawrence County District Court. His Amended and ubstitured Affidavit sets our his explanation for the o riginal Affidavit.

2005. Since that time umil late 2006, Mr. Robinson fai led to take action to accomplish

WILLIAM S. ROBINSON , Bar No. 76 108, of North Lirtle Rock, Arkansas, was reprim anded by Committee Findings & O rder filed Apri l 30, 2007, on a Complainr by Leopo ld Wi lburn in Case No. 2006147, fo r vio larion of Ru les 1.2(a), 1.3, 1.4(a)(3) and 1.4(a)(4). Leopold Wilburn hired Mr. Ro binson during May 2005 for assistance with a guardianship maner and for preparation of a Power of Anorney for rwo elderly family members. Mr. Robinso n requesred a fee of $500 which Mr. Wilburn paid during the initial consul tation. No act ion had been taken on Mr. Wilb urn's behalf ar the time of the filing of me formal disciplinary co mplaint. Mr. Robinso n had not respo nd ed to req uests for information nor kept Mr. Wilburn info rmed of any actio ns he might have taken o n his behalf. Mr. Wilburn specifica lly hired Mr. Robinson to ass ist Mr. W ilburn wirh adding a co-guard ian

the objective of the represemation with regard to the guardianship.

T ERRY R. SM ITH, Bar No. 2005105, of Little Rock, Arkansas, was reprimanded by Comminee Consenr Findings & Order filed June 15, 2007, o n a Complaint before the o mmittee in Case No. 2007-042, for violation of Ru le 8.4(c). Smith was requ ired to take the Profess ional Practicum within two years of ad mission to the Bar of Arkansas. Smith registered and paid for the November 2, 2006, Pracricum , and he wrote to the Office of Professio nal Programs a few days after that Pracricum that he had anended. lr was not until his response to a request for proof of anendance that Smith clarified that he had attended o nly half of the conference due to ill ness. JAM ES F. VALLEY, Bar No. 96052, of Helena , Arkansas, was reprimand ed and o rdered to pay $60 .00 restitution by Comminee Consent Findings & Order filed April 23, 2007, on a Complaint filed by Sam & Shirley Gi lmo re in Case No. 2006-086, for violation of Rules 1.3, 1.15(a), and 5.5(a) . Sam GilmoreofElai ne, Arkansas, is the father of a daughter, LaSandra Gilmore Cocke rham, born in July 1989 in Clarksdale, Miss issippi . Her Mississippi birth ce rtifi cate lists her name as LaSandra G ilmore Cockerham. Mr. Gil mo re is now married to her mother, Annie Cockerham. He desired [0 have LaSandra's last name changed to G il more on her birth certificare. On June 14, 2002, he hired Mr. Valley to perform this legal work, and paid him by check the $455.00 Valley quoted him as his legal fee and the advance paymenr of any co urt costs o r fi lin g fees th at might be needed for the wo rk. There is no indicia on Gilmore's check to show Valley depos ited it into a trust account, as required by RuJe si nce it conta ined payment in advance of

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County, Mississipp i o n August 22, 2002. No further action was taken by Mr. Valley in the case. Over the interve ni ng years Mr. Gilmore attempted to obtain from Valley or his office info rmation about the StatUS of this matter, wi thout success.

The action Mr. Valley filed in August 2002 in Mississippi for Mr. Gilmore was dismissed "for want of prosecution" on December IS,

2003, afte r notice to Valley o n September 10, 2003, of this impending action, as shown by th e courT papers attached to Mr. Pederso n's

Affidavir, Exhi bir D. M r. VaHey fai led to inform his client of th is adverse action. caused by Valley's failure ro take care of th e legal bus iness Mr. Gilmore had entrusted to him . Mr. Gi lmore filed his di scipl inary complaint

also li ce nsed in Mississippi , rhen filed it in

April 22, 2005. The Office of Profess ional Co nduct wrote Mr. Valley on January 25, 2006, about this matter. He responded on May I, 2006, by lerrer, stating he had mai led Mr. Gi lmore a $300 refund check, and rhat he had paid rhe Mississippi case filing fees from rhe $455.00. In his lerrer he fuiled to mention {hat rhe Mississippi actio n had been dismi ssed for hi s "want o f prosecution" over

th e Chan ce ry Coun in C larksdale, Coahoma

two yea rs previous ly.

co urt COStS to be expe nd ed by Valley in the future. Mr. Valley prepared a Complai nt to Correct Birth Certificate, which Mr. and Mrs. Gi lm ore signed , and Valley, who is

Vol. 42 No. 3/ SuIl11l1cr 2007 The Arbn as Lalryer

35


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