The Arkansas Lawyer - Summer 2007

Page 46

La"yer Disciplinary Actions 17, 2006, and the Order was entered o n November 20, 2006. JAMES M. PRATf, JR., Bar No. 74 124, of Camden, Arkansas. was cautioned by

Comminee Consent Findings & Order f~ed May 2 1, 2007, on a Complaint filed by Rho nda Neal in Case No. 2007-026, for a vio latio n of Rule 1.3. Mr. Prate's client Rho nda Neal's di vorce was final on December 26, 2002, when the D ecree was filed in Arkansas Counry, Arkansas. The D ecree awarded her cectain interests in her former spo use's pension, IRA, retirement o r savings plan with his employer, Produce rs Ri ce Mill, Inc. An employer-a pproved qualified domestic relatio ns order (QDRO) is required to adequately protect the: righ ts of an "alternative payee" (here M s. Neal) in such assets of a form er spouse. Mr. Peact took no action to prepare a QDRO until after Ms. NeaJ came to his office in December 2004 and inquired about the matter, and his office th en realized he had fai led co in itiate any QDRO. Thereafter, it [Ook him umil September 8, 2006, [0 ger fi nal employer and court approval of a QDRO and have it filed with the court clerk. H e failed to provide rh e employer with a fil e- marked copy of the QDRO, so rhe employer [Ook no actio n on it until rh e Office of Professional Conduct provided such a copy co the employer on O cmbcr 16. 2006. From an initiaJ ierccr of inqui ry on March 15. 2005. informing Mr. Pratt that Ms. Neal had filed a complaint, until Ocrober 16, 2006, the Office of Profess io nal Conducr made num erous contacts with him by leerer, e- mail and telephone, urging him co timely accomplish the QDRO for Ms. Neal.

DENN IS SBANOTTO, Bar No. 83152, of Fon Smith, Arkansas, was ca uti oned by Co mmittee Co nse nt Findings & Order filed April 23, 2007, on a Judicial Complaint from C ircuit Judge Alan Epley of Carroll Co un ty in Case No. 2006- 178, for vio lation of Rules 1.3, 1.4(a)(3), 1.4(a)(4), and 3.4(c) . In January 2003, M r. Sba notto petitio ned co o pen probate admin istratio n of the es tate of Al veda Harfield in Carroll COU nty Ci rcuit COli n - Probate Di visio n, as No. P-20035. H er son, DaHin H atfiel d of Berryvi ll e, 44

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Arkansas, was apPolllted Adm inistrator, and thereafter Mr. Sbano[[o se rved as the attorney in rhe probate administration. Filing a petition fo r paymenr of anorney's fees prepared hy Mr. Sbanotto , o n August 23. 2003, Mr. Hatfield obtained court approval ro pay $5,182.48 for M r. Sbanotro's legal services to the esta te. His fees were then paid in full. On Se ptember 3, 2003, an order was emered allowing paymen t of certain claims agai nst the solvenr estate. The case docket showed no activiry from March 22, 2004, until May 19,2006, when Judge Epley set the matter for hea rin g on July 18, 2006. He directed Me. Sbanorto to be presenr at rhe hearing. Mr. Shanotto did nor appear. T he Estate had been ready to be closed fo r so me time. M r. Sbano(co has not been in co ntact with the Administraco r, Darrin H atfield , for some time. Mr. Sbanoero was contacted by the Office of Profess ional Conduct by telephone and e- mail by Occober 19, 2006, and by letter of November 16, 2006, by Darrin H atfield. Mr. Sbanorro res ponded to Mr. Hatfield by leerer o n December I, 2006, offering to refund the fu ll fee he had received in 2003, less out of pocket costs and as king to be allowed to withdraw from the represemati on. Mr. Sbanotto sent Mr. H atfield a $4,835.00 refund and was permitted ro withdraw. Mr. H atfield employed new co unsel co conclude the Estate's remaining court business.

court directed thar respo nses be filed. No responses were filed. O n February 3, 1998, the court enrered an Order ro D ismiss with Prej udice. Ms. H as ha made attempts to co ntact Ms. Wal1 ace bur was nor able to speak to Ms. Wallace until May 1998. M s. Wallace adm itted that she had been ill in Novem ber 1997 and that she had been slowed down as a result. In May 1998 Ms. Wal lace filed a motio n to re-open the closed case. The court did not rule on Ms. Wallace's motion and it was deemed deni ed. _

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MlMA CAZO RT KILG ORE WALLACE, Bar No. 84156, of Fayetteville, Arkansas, was caurion ed and fin ed the swn of Five Hundred Dollars ($500.00) and assessed in the am o unt of Fifry Dollars ($50.00) by Committee Findings & O rder fil ed Apr il 2, 2007, for violation of Rul es 1.1 , 1.3, 1.4(a) , 3.4(c), and 8.4 (d) on a Com plai nt filed by Caressa H asha in Case No. 2006145. Caressa H asha was involved in a motor vehicle accident on April 27. 2004, and t:lllpluyt:J Ms. Wallace [0 represe nt her in the matrer. Ms. Wallace filed suit in Bemon County C ircuit Court on April 27, 1997. T he opposin g party fil ed an answe r to the lawsuit and a ser of Inrerrogacories and a Request for Prod uction of Documents. Ms. Wallace did no r file a response to the Inrerrogaco ries or Request for Production of Docum ents. The COstS

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