YLS
In brief
In this issue
A Periodic Newsletter of the Young Lawyers Section of the Arkansas Bar Association
Hats Off 2
New Associate Toolbox Amanda C. Ellis
Vol. 14 #4
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In the news 3 Using Arkansas’s New Citation Format Tasha C. Taylor
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Congratulations 14 New Members Fastcase 15
Arkansas Traveler 6 What Judges Want Mandy Thomas
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CLE Calendar 8 Tech Tip: Essential iPhone Apps for Young Lawyers Keith Pike
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YLS Report 10 Brandon K. Moffitt Tasty Tips 11 Rashauna Norment
Become a fan! Join the Group! Arkbar Young Lawyers Section
Graphic Design & Layout Anna Hubbard Assistant Editors Kristen S. Moyers Bethany Pike Andrew M. Taylor Tech Tips Editor Keith Pike
What Judges Want Editor Mandy Thomas Recipes Editor Rashauna Norment Contributors Jennifer Carson Cory Childs Tim Penhallegon Melissa Sawyer H. Brock Showalter Daryl Taylor Jenny Teeter
YLS Young Lawyers Section Chair: Brandon K. Moffitt Chair-Elect: Brian M. Clary Sec-Treas: Anne Hughes White Immediate Past Chair: Anthony W. Juneau Executive Council: District A: Ryan Pettigrew (2011) Brian R. Lester (2012) Vicki S. Vasser (2013) District B: Cory D. Childs (2011) Grant M. Cox (2012) Tasha Sossamon Taylor (2013) District C: Brian Cleary (2012) John Houseal (2011) Timothy R. Leonard (2013)
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Hats Off
In brief
Editor-In-Chief Tasha C. Taylor
John W. Beck and his wife Tiffany had their second daughter on July 20, 2010: MaryClaire Hope Beck, 8lbs 6ozs, 20.25 inches. The photo to the right is MaryClaire with her big sister Caurie Ellen. Jason J. Campbell, a partner at Anderson, Murphy, and Hopkins in Little Rock, has been selected for inclusion in both the 2011 edition of Best Lawyers in America and the 2011 edition of Mid-South Super Lawyers – Rising Stars edition. M. Justin Minton and his wife, Sally had another baby boy—Charlie Archer Minton was born on September 7, 2010 at 9:42 a.m. (7.9 lbs., 19 inches). Timothy Penhallegon was married to Kimberly Payne on October 16, 2010, at a ceremony in Fayetteville.
Andrew M. Taylor and Tasha C. Taylor recently opened the Taylor & Taylor Law Firm, P.A., located in downtown Little Rock at 124 West Capitol Avenue, Suite 1805. Their practice focuses on appellate advocacy, collections litigation, business litigation, real estate law, personal injury, and general civil litigation. Andy and Tasha author the Arkansas Appeals Blog (www. ArkansasAppeals.com). The Little Rock Board of Directors and North Little Rock City Counsel recently confirmed the appointment of Carmen Sanders to the Central Arkansas Water Board of Commissioners for a seven year term. R. Keith Pike recently joined the Wagner Law Firm. His practice areas include domestic and family law, real estate, personal injury, business litigation, mediation, and employment litigation. Brad Phelps, the Chief Deputy Arkansas Attorney General, was quoted in the Online Crimebusters section of Business of Law feature in the November 2010 issue of the ABA Journal.
At Large Representatives: Tessica Dooley (2013) Cliff McKinney (2011) Melissa N. Sawyer (2012)
Mandy Thomas is a partner in the new civil boutique law firm Meadors Law Firm, PLLC, located at 523 Garrison Ave, Third Floor, in Fort Smith, Arkansas. Meadors Law Firm specializes in complex civil, corporate, and domestic litigation, as well as, estate planning.
Law Student Representatives: University of Arkansas at Fayetteville School of Law: Malcolm Means UALR William H. Bowen School of Law: Kimberly JoAnne Eden
If you have information on YLS Members who deserve a “Hat’s Off” or would like to submit ideas for articles, please contact the editor of “In Brief,” Tasha Taylor Tasha@TaylorLawFirm.com.
YLS In brief
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In the news Association Exhibits at the Arkansas Curriculum Conference
Lawyers for Literacy Committee Presents Awards
l to r: Regan Gruber Moffitt, Amanda Gibson, Peggy Bateman, Carolyn Wood, Sherri Latimer and Jessie Burchfield.
Why the American Legal System Matters To You
Although the American legal system might seem complex and intimidating, it really has a lot in common with the game of football! Both have a set of rules, and require someone to interpret their meaning and decide whether they’ve been broken. Judges, like referees, endeavor to treat everyone alike, and have no interest in the outcome as long as it is fair. In a court case, like any football game, there’s a winner and a loser, but our Constitution ensures that no matter what, justice will prevail. In this short video and instructor’s guide, Arkansas’s finest judges, public officials, and lawyers celebrate our country’s most noble aspiration – a truly level playing field.
Virtually everybody in the world is fighting, scratching, clawing and swimming, doing everything in the world they can to get here, because no nation in the world is fairer or has such a rule of law that works.” U.S. Senator Dale Bumpers
“Strong or weak, rich or poor, black, brown, white, red, male, female, you have an entitlement to the same treatment under the law.” Dean Cynthia Nance, University of Arkansas
SPECIAL FEATURES
“Every generation has an obligation to pass on to the next generation the principles that this country was founded on.” Governor Mike Beebe
INSTRUCTOR’S GUIDE COVERING THE SUBJECT MATTERS: • Rule of Law • Equal Justice • Jury System • Fair, Impartial and Independent Judiciary
A PRODUCTION OF THE ARKANSAS BAR ASSOCIATION “A LEVEL PLAYING FIELD: WHY THE AMERICAN LEGAL SYSTEM MATTERS TO YOU” MUSIC DIRECTED PRODUCED BY ADRIAN TILLMAN BY RON BLOME BY NICK ROGERS SCREENPLAY DIRECTOR OF BY NICK ROGERS PHOTOGRAPHY GARY JONES & LEONARD CHAMBLEE TRT: 20 MIN
Arkansas Bar Association
Law Related Education Committee
www.arkbar.com
Why the American Legal System Matters To You
The Lawyers for Literacy Committee continued their tradition of selecting the Student and Tutor of the Year for the Arkansas Literacy Council. The winners this year were Student of the Year, Peggy Bateman, and Tutor of the Year, Carolyn Wood. Members of the Committee presented the awards in conjunction with the Arkansas Literacy Council’s annual conference held at the Embassy Suites in Little Rock on October 21, 2010. Committee members Regan Gruber Moffitt (chair), Sammy High, and Sherri Latimer led a session at the conference showing how the Young Lawyers Section’s 18 and Life to Go handbook can be used to promote adult literacy as well as provide education on Arkansas law.
Get Involved
Members from the Law Related Education Committee, Mock Trial Committee and Young Lawyers Section hosted an exhibit booth at the Arkansas Curriculum Conference held at the Statehouse Convention Center in Little Rock November 4-5, 2010. Committee members Mark Hodge, Chad Cumming, Laura Elkins, Grant Cox, Cheryl Reinhart and Anne Orsi took turns talking to educators from across the state about Association programs available for Law Related Education Committee Chair Mark Hodge visits with educators the classroom. The members promoted at the Association’s exhibit booth. three Association programs designed for teachers and students, including the DVD/ classroom curriculum materials “A Level Playing Field;” the YLS publication “18 and Life to Go: A Legal Handbook for Young Arkansans;” and the Mock Trial Competition.
WHY THE AMERICAN LEGAL SYSTEM MATTERS TO YOU DVD and Instructor’s Guide
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Contact the Arkansas Bar Association at (501) 375-4606 or go to www.arkbar.com for more information on getting involved.
Mock Trial
and Life to Go:
A Legal Handbook for Young Arkansans
Prepared by Arkansas Bar Association Young Lawyers Section
First Edition
Make plans to present “A Level Playing Field: Why the American Legal System Matters to You” at your local school. Please contact the Association at (501) 375-4606 for materials and more information. A short excerpt from the DVD can be seen on YouTube at the following site: http://www.youtube.com/ watch?v=tDvzw4QfI_g “18 and Life to Go: A Legal Handbook for Young Arkansans” provides young people with invaluable legal advice on important topics such as the management of credit and the various ways of settling disputes. It covers both civil and criminal legal issues. Download http://www.arkbar.com/userfiles/file/pdf/A_Legal_Handbook_for_Young_Arkansans.pdf and brainstorm for new topics.
Become involved in the Mock Trial Competition. Mock Trial is a program designed to teach high school students about the practice of law through participation in a simulated trial. The program provides students with a unique opportunity to learn the law and the legal system from practicing attorneys. Attorney coaches work with students for several months to prepare them for competitions that take place in a courthouse in front of a sitting judge. Volunteer attorneys are also needed to judge regional competitions in February and the state competition in March. 3
Using Arkansas’s New Citation Format (Ark. Sup. Ct. R. 5-2(d)(2)) by Tasha C. Talyor In 2009, the Arkansas Supreme Court stopped publishing hard copies of their opinions. Many people still aren’t familiar with the new citation format. Whether you’re writing trial court pleadings or appellate court briefs, this article will bring you up to speed in a matter of minutes with everything you need to know about the new format. Arkansas’s New Electronic Database of Opinions In May of 2009, the Arkansas Supreme Court handed down a per curiam decision that made Arkansas the first state in the nation to publish its official reports in electronic format only. See Rule 5-2 Rewritten: (1) Arkansas Becomes First State with Electronic Official Reports; (2) Court Abandons Use of “Unpublished” Decisions. The Court ordered that the official report of decisions issued after February 14, 2009, “shall be an electronic file created, authenticated, secured, and maintained by the Reporter of Decisions on the Arkansas Judiciary website.” Ark. Sup. Ct. R. 5-2(b)(1). Arkansas’s New Citation Format Along with its decision to publish opinions handed down after July 1, 2009 in an electronic-only format, the Court also implemented a new citation rule for those electronically published decisions. See Ark. Sup. Ct. R. 5-2(d)(2). As shown in the chart below, Arkansas’s new citation rule for electronically reported decisions is somewhat different from the traditional citation rule for decisions published in the bound volumes of the Arkansas Reports and the Arkansas Appellate Reports. The new citation format for electronically published decisions permits parallel citations to unofficial sources, including unofficial electronic databases, but only when the regional reporter citation is unavailable. (Parallel citations are highlighted in green in the chart below). Notice also that, the new citation format omits the parenthetical with the year the case was issued because the year is now the first number in the citation. Additionally, the new citation rule requires a different format for pinpoint citations. Arkansas Supreme Court Rule 5-2(d) strongly encourages the use of pinpoint citations for citations to all Arkansas opinions. The use of pinpoint citations with the new citation format differs from the traditional citation format in two respects. (Pinpoint 4
YLS In brief
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citations are highlighted in yellow in the chart below). First, the use of pinpoint citations with the new format always requires the use of the word “at.” When citing to cases that are published in the printed version of the Arkansas Reports, the traditional citation rule requires the use of the word “at” only when using short cites, and never when using full citations of a case. Second, the pinpoint citation will always refer to the page of the opinion itself rather than a page in a published reporter. Unlike opinions published in the Arkansas Reports, every opinion published electronically begins with page 1. Providing the correct pinpoint citation under the new citation format now requires attorneys to find the decision online and then refer to the specific page of that decision where the information being cited is found. The following chart on page 5, based on Arkansas Supreme Court Rule 5-2(d), illustrates the differences between the traditional citation format and the new citation format. Locating Page Numbers for Pinpoint Citations to Arkansas’s Electronically Reported Decisions The Arkansas Judiciary Website Arkansas’s electronically reported decisions can be found on the Arkansas Judiciary website. Although not as powerful as the search tools provided by electronic legal research databases such as Westlaw, LexisNexis, and fastcase, a search tool is available on the Arkansas Judiciary’s website that allows attorneys to search for electronically reported cases handed down by the Arkansas Supreme Court and the Arkansas Court of Appeals. Electronic Legal Research Databases: Westlaw vs. Fastcase While the electronically published decisions are available on the Arkansas Judiciary’s website, most attorneys who subscribe to online legal research databases--such as Westlaw and fastcase--will begin their legal research with those tools. Surprisingly, Westlaw does not seem to provide the page numbers for Arkansas opinions that are available in the electronic-only format. Fastcase, however, does include the specific page numbers for those decisions. As a subscriber to Westlaw Next, I typically begin my legal research with Westlaw. When I need to cite to a recent Arkansas decision (handed down since February of 2009), however, I also
Chart I
Citing to Arkansas Opinions (Rule 5-2(d)) now have to find that decision using either the Arkansas Judiciary website or fastcase to find the specific page number to include as a pinpoint citation. To make sense of all of this, if you are a Westlaw subscriber, then conduct a Westlaw search for the case of W.E. Pender & Sons, Inc. v. Lee, 2010 Ark. 52, 2010 WL 391332, a February 4, 2010 decision of the Arkansas Supreme Court (type “2010 Ark. 52” in your Westlaw search box for this result). You should notice that Westlaw does not provide the official page numbers for that case--(Although Westlaw sometimes provides star pages, I have not found a recent decision where Westlaw provides official page numbers for that decision). If you have access to fastcase, now conduct a search for the same case within your fastcase search box, and notice how the material included on each page is clearly labeled by page numbers along the left side of the page (“Page 1,” “Page 2,” etc.). A free subscription to fastcase is included as part of your membership with the Arkansas Bar Association. You can also locate the page numbers for this case by finding the pdf file for W.E. Pender & Sons, Inc. on the Arkansas Judiciary website (type “2010 Ark. 52” into the search box). As a subscriber to Westlaw, I am hopeful that it will eventually catch up with Arkansas’s new electronic opinion format and include page numbers to those opinions so that Arkansas appellate attorneys who subscribe to Westlaw can more easily include pinpoint citations
in their appellate briefs. Until then, Arkansas appellate attorneys who subscribe to Westlaw will be required to access other online tools to find the pinpoint citations for decisions issued in Arkansas’s new electronic format. If anyone has had a different experience using Westlaw than what I have described, I would be interested in knowing that—please e-mail me at Tasha@TaylorLawFirm.com to share your experience. I would also be interested in knowing whether LexisNexis provides page numbers that correlate to those published in the official electronic reports, as we do not subscribe to that database. Originally published on the Arkansas Appeals Blog (www. ArkansasAppeals.com). Modified and reprinted here with permission.
Tasha C. Taylor is a Shareholder and Managing Attorney at Taylor & Taylor Law Firm, P.A. Her practice areas include appellate advocacy, business litigation, collections litigation and general civil litigation. Tasha is an author of the Arkansas Appeals Blog (www.ArkansasAppeals. com). You can contact Tasha at Tasha@TaylorLawFirm.com. 5
Arkansas Traveler
Photos courtesy of Arkansas Department of Parks & Tourism
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YLS In brief
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Arkansas’s First Distillery Since Prohibition Rock Town Distillery, founded by Little Rock native, Phil Brandon, made its world premiere of Arkansas gin, vodka and bourbon on September 2, 2010. Just a little past Heifer International and around the corner from the River Rail Trolley stop, at 1216 E. 6th Street in Little Rock, you’ll find the Rock Town Distillery. Arkansas’s first craft distillery, Brandon’s Rock Town Distillery, uses Arkansas grains to make quality spirits. Hand-made in small batches, these refined adult beverages are distilled in a 250-gallon copper still in Little Rock. The public is able to tour the distillery and see how batches of Arkansas grain become quality beverages. You can explore the barrel room where the bourbon is stored and in various stages of aging, the bottling room and the tasting room. Tours begin in early September on Saturdays and Sundays. The price of the tour is $7 for adults and no charge for children. Attendees 21 and older are invited to taste craft beverages and take home a souvenir glass. Even more exciting is that Arkansas soft, red winter wheat and corn is used in the production of this product. Even the White Oak barrels are crafted in Arkansas. — by Dena Woerner, Communications Manager, Arkansas Tourism Division, Arkansas Department of Parks & Tourism
Diamond Head#2 in Fort Smith, Arkansas —“the best Asian cuisine joint in the region.” For those who may prematurely scoff at the inconspicuous culinary treasures of Western Arkansas, don’t make the mistake of overlooking one of Fort Smith’s delicious dynasties. Whether you’re passing through town or are one of many five-day-a-week regular customers, the Diamond Head #2 on Midland could be the best Asian cuisine joint in the region. You won’t find a better blend of original Asian dishes and chef specialties. Choose from the menu classics, such as the Big Bowl, Drunken Salmon, John Johnson or even the surprisingly phenomenal Italian spaghetti (that’s right, great spaghetti at an Asian restaurant). Or just tell Mr. Tan what you fancy and include your heat-index tolerance for spicy food and let him take it from there. I guarantee (without any express or implied warranties of any kind) that your only regret will be not stopping by sooner than later. — Joshua T. Carson is an associate attorney at Jones, Jackson and Moll in Fort Smith. His main areas of practice include oil/gas, real estate and banking law. You can contact Joshua at jcarson@jjmlaw.com. This is the place to share your tips and reviews of the unique restaurants, hotels, B&Bs, hiking trails, entertainment venues, etc., that you have encountered while traveling around Arkansas. To submit your Arkansas Traveler review (in 150 words or less) about your unique encounter with all things cool in Arkansas, e-mail Tasha@TaylorLawFirm.com.
What Judges Want by Mandy Thomas “A good lawyer knows the law, a great lawyer knows the judge.” One of my colleagues and mentors always says this when preparing for trial. He taught me that each judge had his or her own quirks and preferences, and it is in a young attorney’s best interest to learn them early and to always practice with each judge’s preferences in mind. As a fresh-from-the-bar-exam attorney, or even those who are a few years out, we all wish we knew the judges’ preferences prior to stepping into the courtroom for our first hearing or trial. As a part of the YLS Newsletter, In Brief, we plan to feature profiles on different judges around the state, including their preferences, and insights to conducting everything from a status hearing to a jury trial in their courtrooms. The first two judges to be profiled are Benton County Circuit Court Judge Doug Schrantz and Sebastian County Circuit Court Judge Harry Foltz. These two judges participated in a panel discussion at a recent CLE entitled, “What Civil Judges Want You to Know.” The panel of judges from Washington, Benton and Sebastian counties provided a plethora of useful knowledge and tips for the young attorneys in attendance. Honorable Doug Schrant As a primarily civil judge on the Benton County Circuit Court Division VI, Judge Schrantz is certainly no stranger to complicated arguments and high-stakes litigation. However, it seems that a little simplicity and concise arguments go a long way with him. •Work it out. Judge Schrantz prefers attorneys to make concerted efforts to settle or mediate cases without the expense and time of a trial. From personal experience, he will frequently ask if there is any chance of settlement, and if so, how much of a chance, that the case will settle prior to going to trial. •Take out the fluff. Do not state anything more than your arguments in his court. For example, when drafting a motion to compel, he prefers attorneys to leave out the standard of review, unless they are making an argument that the standard of review should be different. Unless you are arguing a point of law the judge does not know already, leave it out and argue your motion on the merits. •Under Wraps. If there is a even a slight potential for documents to contain proprietary or confidential information, the Judge prefers filing exhibits under seal and will regularly grant protective orders to ensure a litigant’s confidentiality is protected.
•Do Not Ask for a Pre-Trial Conference. Unless there is overwhelming support and outcries for a pre-trial conference, Judge Schrantz doesn’t usually schedule one. Unless it is absolutely necessary, it would probably be wise not to ask for one either. •Clarity. If Judge Schrantz sets a hearing for oral argument on a motion, he intends to clarify your written arguments. Be fully prepared and able to clearly define your arguments. Essentially, he sees it as a discussion about your motion with the court. Honorable Harry Foltz Although Judge Foltz is leaving the bench soon, he has been a fixture on the Sebastian County family law bench for decades. During the CLE, he handed out an outline to the attorneys of what his preferences are and took almost an hour explaining them in detail. •By the book. Judge Foltz prefers operating directly from the statute books, and he wants you to know the black letter law. He will entertain all manner of relevant arguments on particular interpretations, but at the end of the hearing, he will follow the black letter of the law. He also wants to see you operating from the books, rather than the online research websites. •Know the nuances. This logically follows from the first point, in that, if you know the law, you will know the nuances that flow from them. Judge Foltz specifically mentioned that a considerable number of young attorneys assume that guardianship may be attained by default when, in fact, it cannot. •Perfect service. Know the particular notice and service rules for each action or motion when practicing in front of Judge Foltz. It is also helpful to find a process server who is willing to go to great lengths to obtain personal service, because that is your best defense against a service argument in Judge Foltz’s court. Additionally, file
Mandy Thomas is a partner at Meadors Law Firm, PLLC. Her practice areas include civil litigation, bankruptcy, and estate planning. You can contact Mandy at mandy@meadorslawfirm.com.
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the affidavits of service religiously, because that may end up making or breaking a hearing. •Expert Advice. If the particular action requires a written opinion from an expert—particularly a medical expert—Judge Foltz recommends that a form with questions and space for answers be provided to the physician along with a space for verification. As Judge Foltz stated in his outline, an unverified medical opinion will not meet the black letter of statute. •UCCJEA. If you are going to appear before Judge Foltz, it is highly likely you will be involved in a divorce or custody proceeding. If that’s the case, it is in your best interest to be fluent in the Uniform Child Custody Jurisdiction and Enforcement Act. Good luck on your next hearing or trial in front of these judges, and please look forward to the next issue featuring more tips from other judges from all over the state. If you are interested in sharing your experiences in front of a judge in your area or possibly interviewing a judge to learn general tips that would be helpful to practicing attorneys, contact Mandy Thomas at mandy@meadorslawfirm.com.
CLE What NASCAR Jay-Z & The Jersey Shore Teach Us About Attorney Ethics November 17, 2010 UALR Bowen School of Law, Little Rock Legislative Advocacy November 18, 2010 UALR Bowen School of Law, Little Rock Federal Practice Institute November 19, 2010 Little Rock Appellate Practice November 29, 2010 Arkansas Bar Center, Little Rock
Mid-Year Meeting
Federal Tax Institute December 2-3, 2010 Little Rock Free Fastcase Webinar December 3, 2010 attend online 2:00-3:00 p.m 2011 Mid Year Meeting January 27-28, 2011 Peabody Hotel Memphis, TN 2011 Annual Meeting June 8-11, 2011 Hot Springs
January 27-28, 2011 Peabody Hotel Memphis, TN 8
YLS In brief
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9.0 Hours CLE 4.0 hours of Ethics
For more information contact Lynne Brown or Kristen Scherm 800-609-5668 or 501-375-4606 lbrown@arkbar.com or kscherm@arkbar.com OR go to www.arkbar.com
Essential iPhone Apps for Young Lawyers
Tech Tip
by Keith Pike For all of you young lawyers who are wondering how to put your iPhone to use in your law practice, this article is for you. At the time of this writing, there have been around 100–125 million iPhones and iPod Touches sold around the world. There are around 300,000 mobile applications (“apps”) that have been written and are downloadable in Apple’s app store. There are also millions more web apps that you can reach through your iPhone’s internet browser. Sifting through all of those apps can be a daunting task. Hopefully, this article will help you find some apps that have eluded you until now. The following few apps are not necessarily all law-related, but will definitely help you become more productive in your legal career. Fastcase – Don’t have access to a computer but need to do some quick legal research? FastCase is a free member benefit of the Arkansas Bar Asosciaton. This app is free, but packs a punch. FastCase contains cases and statutes from all 50 states as well as the federal government. You can search by citation, boolean keyword, natural language search, or browse statute collections. TomTom – Have a hearing in Fort Smith or a deposition in Clarksville and need turn-by-turn directions to get there? The TomTom app for the iPhone is the perfect solution for the busy attorney who doesn’t want to carry around a GPS device in addition to a phone. At $49.99, it’s one of the most expensive apps in the app store, but it’s also one of the most popular. If you are thinking that you will skimp and use the free Google Maps app to get around, you should think twice. Google Maps depends on your phone’s internet connection to populate the map on your phone’s screen. If you are traveling to rural areas of Arkansas, then you may find yourself lost and out of luck. TomTom is different in that it downloads all of the maps directly to your iPhone and will work regardless of your cellular connection. In addition, TomTom boasts that its maps contain a million more miles of road in the U.S. than the leading GPS navigators, so you can feel confident that you will make it to your hearing or deposition without getting lost on the way. LogMeIn – This is one of my favorite apps on my iPhone. This app allows you to directly control your Mac or PC from your iPhone’s screen. Don’t want to lug around your laptop or forgot something on your desktop at work? With this app, you can log in from your iPhone as if you were there at your computer. This app is $29.99 and is well worth the money. Kindle – I am a big believer in continuously learning and Kindle’s app allows you to do just that. The Kindle app is free is and is definitely the best eBook reader in the app store. I realize Apple has the iBooks app. Amazon, however, has a lot of the publishers tied up in exclusive contracts. Consequentially, there are a large number of titles such as “How to Start and Build a Law Practice” that are unavailable on Apple’s iBooks app. Dragon Dictation – If you are looking to speed up your productivity, then Dragon Dictation is for you. With this free app, you can simply speak into your iPhone’s microphone, and your words will magically be turned into text. It’s pretty accurate too. It knows a lot of the most common commands such as “period,” “question mark,” “new paragraph,” etc. After the words turn into text, you can press one button and send it through e-mail, text it to someone, or post it on Twitter or Facebook. It may take some practice, but once you get the hang of it, you will wonder how you ever lived without it. There is no doubt many, many more apps also deserve to be in the spotlight, but I hope these few will help you become more productive in your law practice and help you utilize easy-to-use tools that are literally at your fingertips. Keith Pike is a graduate of the University of Arkansas at Little Rock William H. Bowen School of Law and is an attorney at Wagoner Law Firm in Little Rock. You can contact him at keith@ wagonerlawfirm.com. 9
Young Lawyers Section Report
by Brandon K. Moffitt
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YLS In brief
First Edition
Originally published in the Summer 2010 issue of The Arkansas Lawyer magazine. Reprinted with permission.
Discovery deadlines. Client meetings. Business development. Where does it end? The demands on young lawyers today are not significantly different from the days of old, however, the environment in which we practice has changed considerably. With the adoption of smart phones and the expectation of your clients to have accessibility 24/7, we rarely have a moment to take a step away from our daily law practice. Often this connection keeps us from being involved with the work of the Bar Association or providing public service to our local communities. It is my hope that is where the Young Lawyers Section (YLS) can help by creating opportunities to be involved that do not require a substantial time commitment. One of my primary goals when seeking the Chair position in the YLS was to provide a conduit for young lawyers to be actively involved within their community, while also providing an outlet to interact with other young lawyers in a social setting. The Executive Council of the YLS is diligently working to schedule events across the state where local members of the Section conduct a public service project, followed by a small networking event. The logistics for the events will be covered by the Executive Council and you will only have to attend to participate. Hopefully everything will be finalized within the coming weeks. Please look for announcements regarding the YLS’s events in our quarterly publication In Brief, as well as the Association’s e-bulletins. If you cannot break away from the office to join us for an event, the YLS offers several ways to be involved within the Section without leaving your office. Some upcoming opportunities include: 18 & Life to Go: A Legal Handbook for Young Arkansans This publication aims to provide young 10
A Legal Handbook for Young Arkansans
www.arkbar.com
Arkansans with a basic understanding of our legal system, as well as the answers to common legal questions. Our goal is to provide every Arkansas high-school senior with a copy of the publication prior to graduation. Currently the publication is available on our website as a free pdf download, or for purchase as a paperback on Lulu, or as a download on the Kindle. We are in the process of securing funds to print the publication for the upcoming school year. How you can be involved: Take the opportunity to download and review the publication. Brainstorm regarding new topics or issues to include in the handbook and author the content. Submit your contribution to the YLS Citizenship Education Committee. In Brief In Brief is the YLS’s quarterly publication to inform section members of upcoming events, as well as provide content relevant to young lawyers. How you can be involved: The YLS’s Communications Committee is always seeking contributors to provide content for the publication ranging from articles on topics affecting young lawyers to simple updates regarding members of the Section. We are working to expand the coverage of the publication and always welcome the input of section members. In addition to articles, some of the areas included within the publication where you can contribute are: Hats Off: Need to announce your new law practice? Have an addition to your family? Know other YLS members who deserve recognition for their work? Then submit the information to be included in Hats Off. Hats Off provides brief snippets of the latest news and achievements of our membership. Quarterly Book Review: Read an interesting book lately that may interest young lawyers? Write a brief review (150 words or
less) to be included within our publication. There is no requirement that the book be related to law. The Arkansas Traveler: This is the newest section of our publication. Is there a “hidden treasure” that you have run across while traveling through the state? Then tell us about it. We are looking for unique places to visit all across Arkansas. From restaurants to hiking trials, we want to know about the best places you have encountered. Just write a brief review and tell us why we should visit. A Level Playing Field If you would like to head a larger project in your local community, I would suggest that you consider this year’s YLS service project A Level Playing Field. A Level Playing Field is a DVD program developed by the Association’s Law Related Education Committee that discusses the constitutional basis of the American judicial system and the four fundamental principles of the judicial system—the Rule of Law; Equal Justice under the Law; Fair, Impartial and Independent Judiciary; and the Jury System. The series is designed for elementary to high school students. The presentation can be completed in as little as an hour and the materials are available online, with the exception of the DVD. If you would like to conduct the program in your community, the YLS will provide the materials, as well as,assist in organizing and recruiting members for the event. As you can see, there are a number of possibilities for you to become involved in the YLS, despite a busy schedule. Please join the YLS in reaching out to our local communities through one of our public service events or take time to contribute to the section from the comforts of your office. I look forward to working with you over the next year. n
Tasty Tips
3-for-1 Fajitas
Great for revamping chicken or turkey leftovers to make fajitas, omelets, and chili. Ingredients: 1 onion, sliced ½ green bell pepper, ½ red bell pepper, and ½ yellow bell pepper, each sliced 1 tablespoon of vegetable oil ¼ cup of water 1 package of Fajita seasoning mix (e.g., Kroger, McCormack) 1 pound chicken breast, chopped (or chopped turkey breast, ground beef or steak) 6 tortilla shells Prep time: 10 minutes Cooking time: 15-20 minutes Ready in: 30-40 minutes Instructions • Heat the oil in a large skillet, then sauté the chopped onions and peppers until tender. Transfer onions and peppers to a temporary container. • Cook chicken in the same skillet. • Add seasoning mix and water to the chicken, stirring until chicken is covered. • Bring to boil, then simmer for three minutes, uncovered. • Add onions and peppers and continue to simmer and stir for 4 - 7 minutes. • Pour contents into a serving platter. • Add a serving to a tortilla shell and top with lettuce, shredded cheese, diced tomatoes, sour cream, refried beans and other desired toppings (optional). Adapted from allrecipes.com Note: you can also buy frozen seasoned fajita chicken strips (or steak strips) already pre-cooked. For the omelet, whisk 1 to 2 eggs, add salt and pepper to taste (optional), pour into heated non-stick skillet (or spray with olive oil). Add cheddar cheese and fajita ingredients (seasoned chicken, onions and bell peppers) on one half of egg. Fold opposite side and serve once cheese has melted. For the chili, heat the fajita ingredients into skillet. Add 1 ½ teaspoon of chili powder, 1 can of kidney beans, 1 can of diced tomatoes, 2 teaspoons of cumin, and 1 tablespoon of oregano. Heat thoroughly and serve. Adapted from sparkrecipes.com
Rashauna Norment is a registered patent attorney at Calhoun Law Firm, where her practice focuses on prosecuting patent applications, as well as applications to register copyrights and trademarks, forming legal entities for businesses, and assisting in litigation involving infringement and business disputes. You can reach Rashauna at R.Norment@CalhounLawFirm.com. Rashauna enjoys experimenting with cooking, working in her flower garden trying to develop a green thumb, and spending time with family and friends. 11
New Associate Toolbox by Amanda C. Ellis, Esq.
Originally printed in the September 2010 issue of Something Different, the e-newsletter of Amanda Ellis Legal Search. Reprinted with permission. "But, they didn't teach us that in law school ..." "I wish I had known that when I began practicing ..." I often hear the above reactions from many mid-level and senior associates as they progress in their careers and realize which tools actually help them advance--either within the firm or to a position in another firm or organization. Since many recent law school graduates begin new jobs this fall, I thought it was worth sharing ten tools that associates eventually discover are essential to their career advancement--either advancing within their firms or moving to another firm, corporation, or organization. By learning about these tools now, at the beginning of your legal career, hopefully you'll avoid the two reactions above when you are ready to advance to the next level in your legal career. •
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BigLaw Associate Expiration Dates. Earlier this year, I compared an associate's life in BigLaw to a professional football player's life in the NFL--both must end. The BigLaw expiration date does not mean your career cannot continue in BigLaw; rather, it just means that associates should know what is required to continue their career in BigLaw and when they are most marketable if they wish to leave BigLaw. Click here1 to read more about the expiration dates in BigLaw and steps you can take to plan accordingly. First-Year Plan. Networking for your first client or next position begins in your first year of practice-if you add the appropriate connections to your professional network. Click here to read about the FirstYear Plan discussed in my book that helps first year law students and associates identify and meet the appropriate contacts during their first 33 months of law school or practice. Practice Area. Not all practice areas are created equally. Certain practice areas do not allow for flexible schedules. Talk to lawyers in a variety of practice areas so you can make an informed decision when choosing your practice area. Support Staff. The paralegals and legal assistants working with you will know more than you-especially with respect to court and firm procedures. Learn from them. Be courteous to them. Resume Addendum. Begin tracking your experience with the cases/matters you handle during your first year of practice. Track your experience in a Word document. Don't worry about formatting at this point. Focus on the details of your experience (without revealing confidential information). For
12 1 You may view the links referenced in this article by viewing the electronic version of the article at http://bit.ly/caFDDo. YLS In brief www.arkbar.com
example, note the client's industry, nature of dispute, dollar amount at stake, successful results, etc. This document will become your resume addendum when you apply and interview for positions throughout your career. You must update this document regularly. •
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LinkedIn InMail. Click here to read how to accept InMail on LinkedIn. You must accept InMail if you want recruiters and potential employers to find and communicate with you on LinkedIn. Reporters also use the InMail feature to obtain information from attorneys for articles. Reading List. Mike Maslanka, the managing partner of Ford & Harrison in Dallas, wrote an interesting Facebook status update this summer about publications new associates should read as part of their business/professional development. He suggested the New York Times, the Wall Street Journal, and the Harvard Business Review. I agree with Mike's suggestions, and I would also add Fast Company, a suggestion by a partner at my first law firm and a publication I continue to read today. At a minimum, follow these publications on Twitter. You can skim the tweets for articles and topics even if you don't have time to read the publications from cover to cover. The publications' Twitter handles include: 1. 2. 3. 4.
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@nytimes @wsj @HarvardBiz @FastCompany
Writing Sample. You will be asked to provide writing samples throughout your professional career. Publishing articles is one way to build a portfolio you can share with potential employers or clients. Click here to read about where you can publish, what to write and how to fit publishing into your schedule. Leadership. Assume a leadership role in a professional or civic organization. Lead a committee or volunteer to plan an event. Choose some level of leadership that allows you to work with others. Leading others in a group effort is one of the best ways to get to know people, and connections you make can serve as referrals for new clients or future jobs. Mentor. While many firms assign mentors to new associates, I encourage you to find at least one mentor outside your firm as well. You can find mentors in your existing professional network or you may find a mentor by connecting with new legal professionals on social networking sites like Twitter.
Finally, I leave you with this New York Times editorial by John Grisham regarding his career path. Remember that your first position is a stepping stone along your career path. Embrace the opportunities that exist in the position and allow them to guide you.
Amanda C. Ellis, Esq. is an accomplished legal recruiter based in Dallas, Texas, and the author of The 6Ps of the BIG 3™ for Job-Seeking JDs, which outlines over 60 ways lawyers and law students can get hired using social networking. For more information, please visit www.6psbig3.com. 13
Congratulations New Members Admitted to the Practice of Law October 2010 Nader G. Afsordeh David George Allen Jack Walls Allen Megan Danielle Antus Christopher Kyle Antus Leila A. Awwad D’Army Bailey Lawson Reid Baker Aubrey Laurel Barr Eric Scott Bell Nathan R. Bogart Kerri Coleen Boling Jamison C. Bonds Robert Samuel Boughner Byron Wade Bowen Buckley Wade Bridges Douglas Wayne Brimhall Aarol Tyler Broyles Joshua W. Bugeja Susan E. Burgess Christopher Wesley Burks Rachel A. Bush Anthony Calandro Joshua T. Carson Elizabeth Anne Castleman Sergio M. Ceja Guillermo Jesus Chavez Nicholas Matthew Churchill William Fitzgerald Clark Keith Evan Clements Craig R. Cockrell Jessica R. Coleman Marie Anita Crawford
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