The Arkansas Lawyer - Summer 2007

Page 44

Lavryer Disciplin;'IIY Actions 1.4(a)(2), 1.4 (a)(3) , 1.4(a)(4) and 1.16(d) o n a Complaint filed by Edward K. Mu ll en in Case No. 2006- 146. Edward K MuUen is the President of Classified Accounts Management Company, In c. (CAMCO). In 200 I, CAMCO employed Mr. Jackson ro collect from seventy-five debtors. Mr. Jackson provided CAMCO with a check in the amount of $5,049.0S but failed to provide any documentation of the name of the debtor or the amoun ts co ll ected so that

CAMeO could cred it the proper account. CAMCO requested that Mr. Jackson provide the necessary informacion but he failed to respond to the request. CAMCO term inated the representation by Mr. Jackson and demanded a final acco unting of monies received. Mr. Jackson sent a final accounting of [oraJ monies received for CAMeO and a check in the amount of $ 1,S73.12, butfailed [0 provide an individualized accounting of the names and accounts from whom me money was received. CLAUDE RAYMO ND JONES, Bar No.

78082. of H arriso n, Arkansas, was cautioned and orde red co pay restitucion in me amoum of $3,351.20 to each complainant, by Committee Consem Findings & Order filed April 23, 2007, on a Complaint rued by Betty Albertson and John Smith in Case No. 2007-004. for a violation of Rule I.S(c). Frances E. Weltch of H arrison. Arkansas, a widow, died testate in May 2000, at age 88 or S9, survived by a daughter, Betty Albertson,

and a so n, John Smith, boch res idems of Iowa. Ms. Weltch's long-rime atto rney in

ob ligations. including the funeral home bill of about $4,600 in May 2003, wh ich totaled

H arrison, C laude R. Jones, prepared a will at her direction that she executed on june 24. 1998. The will nominated Jones to be her execuror, and left Ms. Weltch's entire estate

$7,177.67, leaving a balance of $6,702.40 as Jones's net share of the estate. Me. Jones provided this :lccounting to the children by his lecrer to Stark Ligon dated Occober 13, 2006, in reply to Ligon's lener of September 10, 2006, to jones, written after Ms. Albertso n filed her complai nr aga inst jones in 2003.

to Jones at her death. Both her children we re disi nherited under the will. Jones neve r opened probate adm in istration of her estate or offered the will for probate. Betty Albertson obtai ned a letter dated September 10, 1995, from Mahlon O. Maris, M.D., with the laude Parrish Community HeaJth C linic of the Boone Cou nty area, in which Doccor Maris opined that Ms. Welrch was at the time an 87 year old femaJe with paranoid delusio nal disorde r. and a series of other personal health and hygiene problems, and that because of her psychosis and medicaJ problems she could nOt care for herself and that appointment of a guardian is imperative. The children contacted Jones about their mother's esta te. In April 2002 Jon es replied to their attorney in Iowa with a copy of the WeJrch will and j o nes's statement that "She left everythin g to me. However, I didn ' t think it was fair and I told Berty that she and your client would get a third each." In

February 2003, Jones sold some Weltch estate rea1ry in Arkansas and sem checks for $7, I 00.00 to each child, promising a complete accounting to them of the estate afte r the sale was finalized. From the $ 13,SOO left from the land sale. which Jones retained. he later claimed credit for paying estate

SUSAN JON ES, Bar No. SIIOI, of Royal, Arkansas, was cautioned by Comm ittee Consent Findings & Order filed April 23, 2007, on a Complaint filed by Stephanie Brogdon in Case No. 2007-0 14, for violation of Rules 1.3, 1.4(a)(3), and 1.4(a)(4). Stephanie Brogdon retained Jones in March 2006 co file an uncontested divorce. After several months. Ms. Brogdon found it difficuJr to co ntact Jones regarding the status of her case. After attempts co contact j ones by telephone failed, Ms. Brogdon emailed Jones and threatened to fi le a co mplaint against her. Jones apo logized for her fail ure to maintain comm uni cation, and she thereafter filed the divorce complaint in October 2006. When Jones realized that the court's file did not comain a waiver signed by Ms. Brogdon's estranged husband, she requested that Ms. Brogdon have him sign the waiver before a notary and then take it, along with the proposed decree, to the courthouse for the judge's approval. Ms. Brogdon took these documents to the courthouse o n November

TSCHIEMER LEGAL BRIEFING QUALITY, CONSISTENCY AND REASONABLE PR ICES:

HANDLING ALL YOUR BRIEFING NEEDS

Robert S. Tschiemer, Esq., Ark. Bar 84148 43 Hwy. 89 N. Mayflower, AR 72106 (50 1) 951-3303, (fax) (50 1) 325-1 235 email: legalbriefing@sbcg lobal.net 42

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