The Arkansas Lawyer magazine Winter 2012

Page 38

Attorney Disciplinary Actions

ELECTRICAL ACCIDENTS Paul D. Mixon, Ph.D., P.E. Engineering Consultant P.O. Box 2154 State University, AR 72467 (870) 972-2088 (870) 972-3948 FAX pmixon@astate.edu paul_mixon@yahoo.com

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Accident Investigation and Analysis Contact Cases and Electrocutions Electrical Injuries Property and Equipment Damage Electrical Fires Safety Code Compliance Expert Witness Disputes Settled

suspended in June 2005, and he was removed from the Oklahoma membership rolls in September 2006. Karney failed to pay his annual Arkansas license fees for the years 2005-2011, resulting in suspension of his license in Arkansas from March 2, 2005. Karney was the subject of an SEC investigation by the Office of Inspector General (OIG) into allegations that he was not a member in good standing of any state bar and other related matters. In May 2010, Karney was deposed by the OIG. He testified that he was a member of the Arkansas Bar, that he received notice of his dues every year, that he paid those dues, and that he attended CLE courses and provided that information to the Arkansas Bar. Mr. Karney stated that he last paid his annual bar license fees in 2009 and that the fee was $210. Karney was presented with information from the Arkansas Supreme Court Clerk and the Arkansas Office of Professional Programs which showed that he had not paid license fees since 2005 and his license was suspended by the Arkansas Continuing Legal Education Board in May 2005. Karney stated that the documents he was presented must be incorrect, as he had paid his license fees and was in compliance with CLE requirements. 36

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Karney was served with a formal complaint and a response was due on or before September 19, 2011. Karney requested and was granted two extensions of time, and still failed to file a timely response. After the Panel’s Findings and Order were sent to Karney, he filed a Motion for Reconsideration, which was denied by the Panel. ROBERT D. TEAGUE, Bar No. 93126, of Rogers, Arkansas, had his law license suspended for 12 months by Committee Findings & Order filed December 20, 2011, on a self-referral and a complaint by Johnnie E. Rhoads, Esq. in Committee Case No. 2010104, for violation of Arkansas Rule 8.4(c). In March 2009, Rhoads and Teague, who had practiced together for many years with other attorneys in a predecessor law firm, formed Rhoads & Teague, PA, as equal partners or shareholders, and moved to new leased office space in Rogers. According to Teague, in June-October 2009, he suffered from periods of anger, depression, and excessive alcohol use, while dealing with financial stress. Starting in July and through September 2009, on at least seven occasions, and totaling about $23,490, Teague personally received from firm clients fee payments due to Rhoads & Teague and

converted these funds to his own use. In midNovember 2009, Rhoads discovered Teague’s actions regarding conversion of firm fees and started an investigation. The partners split up on November 17, 2009. By early December 2009, Teague had made partial payments to the former firm of about $6,350 to restore missing funds. An accounting was conducted and the parties settled on $23,490 as the total in diverted fee funds. Teague then paid the former firm $17,140 in February 2010 to resolve the issue. INTERIM SUSPENSION: BRUCE J. BENNETT, Bar No. 92140, of Bentonville, Arkansas, was placed on Interim Suspension by Committee Order filed December 1, 2011, in Committee Case No. 2011-062, as a result of initiation of disbarment proceedings against Bennett in his representation of his former client, Darrell Cavanagh, and misappropriation of client funds, conduct involving dishonesty, fraud, deceit, or misrepresentation, and other matters. GREGORY D. JONES, Bar No. 87095, of Fayetteville, Arkansas, was placed on Interim Suspension by Committee Order filed December 12, 2011, in Committee Case No. 2011-092. Jones abandoned his law practice several months earlier, has failed to protect the interests of many clients or provide them their files, has disappeared from the area, and on December 21, 2011, a receiver (OPC) was appointed by the Circuit Court to take possession of his files, attempt to locate clients, and get their files to them, as well as to check his client trust account. REINSTATEMENT: KATHLEEN L. CALDWELL, Bar No. 82187, of Memphis, Tennessee, was reinstated from suspension by Committee Order filed October 20, 2011, in Case No. 2010-003. REPRIMAND: GERALD CARLYLE, Bar No. 72019, of Newport, Arkansas, was reprimanded and fined $500.00 by Committee Findings & Consent Order filed October 21, 2011, in Case No. 2011-011, on Complaint filed by


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