YLS Young Lawyers Section
In Brief A Periodic Newsletter of the Young Lawyers Section of the Arkansas Bar Association
Vol. 16 #2
Hats Off 2 In the news 3
In this issue
Write for In Brief!
YLS Report Brian M. Clary 6 Tech Tip 7 Anthony C. Johnson ArkBar Annual Meeting
CLE Calendar 10 Benefit Corporations Making Profits...Responsibly Aimie Lockwood 11 Tasty Tips 12 Rashauna Norment President’s Report 13 Tom D. Womack Lawyer-2-Lawyer Mentor Program 14
Opportunities to write for YLS In Brief include: • Tech Tips (discuss technology that you use in your practice, etc.) • Legal Articles (use this as an opportunity to tell us about your favorite practice area, discuss rule changes, analyze recent cases, etc.) • Arkansas Traveler (play the part of a critic as you share your unique dining experiences, shops, hotels, entertainment venues, etc.) • What Judges Want (volunteer to interview a judge and share the judge’s answers to your questions with other young lawyers) • Tasty Tips (if you have a fun recipe you would like to share, submit it and it might be selected to be included in the newsletter) If you are interested in writing for a future issue, please contact Tasha@TaylorLawFirm.com.
Graphic Design & Layout Anna Hubbard Assistant Editors Andrew M. Taylor Tasty Tips Editor Rashauna Norment Tech Tips Editor Anthony C. Johnson
Young Lawyers Section Chair: Brian M. Clary Chair-Elect: Vicki S. Vasser Sec-Treas: Anne Hughes White Immediate Past Chair: Brandon K. Moffitt
Executive Council: District A: Ryan Pettigrew Brian R. Lester Vicki S. Vasser District B: Cory D. Childs Grant M. Cox Tasha C. Taylor District C: Timothy R. Leonard Susan Weaver Ryan M. Wilson
At Large Representatives: Tessica Dooley Cliff McKinney Law Student Representatives: University of Arkansas at Fayetteville School of Law: Angela Artherton UALR William H. Bowen School of Law: S. Kate Fletcher
Editor-In-Chief Tasha C. Taylor
In addition to announcing his candidacy to the Arkansas State Senate (District 18), William Zac White has opened his own law practice in Heber Springs. Zac’s practice focuses on general federal and state litigation, criminal defense, and social security disability. Chad L. Atwell was recently selected into the National Trial Lawyers Top 40 Under 40 and as a Mid-South Super Lawyers Rising Star. Also, Chad’s former firm of Woods, Snively, Atwell has merged and is now Daniels, Woods, Snively, Atwell Law Group, which has increased to six lawyers. Bianca Rucker of Wright, Lindsey, and Jennings LLP and Justin Rucker of Endeavor Foundation welcomed a baby girl, Carys June Rucker, into their family on August 17, 2011.
James McPherson of McPherson Law Firm in Little Rock and his wife Randi welcomed their daughter, Helen Mamie McPherson, into the world on January 24, 2012. Jason Andrew Jouett, of the Jouett Law Firm, is now a certified mediator in civic, domestic, and probate matters by the Arkansas ADR Commission, as well as a participant in the Access and Visitation mediation program through the State of Arkansas. RJ Martino and his wife, Amy, welcomed their son, Bryant Ronald Martino (7 lbs. 9 ounces), into their family on March 24th. Anthony McMullen and Liz Taylor were married last March. Ashley O’Neal and her husband, Jason Milks, welcomed a daughter, Hannalee O’Neal Milks, on March 15th. Kevin Rogers and Brianne Franks are new associates at Marcia Barnes & Associates, P.A. Anthony Johnson of Butler, Horn, Nye, & Johnson, PLLC was featured in the American Bar Association’s ABA Journal as one of the Techiest Lawyers in America. If you have information on YLS Members who deserve a “Hats Off” or would like to submit ideas for articles, please contact the editor of “In Brief,” Tasha Taylor at Tasha@TaylorLawFirm.com.
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YLS In brief
In the news YLS received the American Bar Association Next Steps Challenge Award The Arkansas Bar Association Young Lawyers Section was one of four finalists in the American Bar Association’s Young Lawyers Division Next Steps Challenge competition. YLS received a grant in recognition for its commitment to diversity in the legal profession. The grant was sponsored by Walmart. ABA recognized YLS for the efforts of the YLS Minority Outreach Committee’s College Road Tour. YLS Chair Brian Clary spoke about the program at the ABA’s spring meeting in Nashville, TN. Cory Childs led the College Road Tour that involved YLS Minority (Top photo left to right) Dr. Walter Outreach Committee members preSutton, Jr., Associate General Counsel; senting panel discussions to students Michael G. Bergmann, ABA YLD at Philander Smith College and the 2011-2012 Chair; Brian Clary, Arkansas Bar Association YLS Chair; University of Arkansas at Pine Bluff Myra L. McKenzie, ABA YLD 2011-2012 Diversity Director; (Inset photo) on “What I Wish I Knew Before Law College Road Tour at Philander Smith College School.” YLS members spoke to almost 100 undergraduate students who were interested in the law and attending law school. “The majority of the students had never met an attorney and were excited about the chance to meet with our members one on one,” Clary said. “YLS members shared their experiences as lawyers and their own paths to law school. It was heartening to hear so many positive stories about our profession.” The College Road Tour will continue next year with a goal of reaching more schools and more students.
YLS Puts “18 & Life to Go” into the Hands of Young Arkansans
(left to right) YLS Chair-Elect Vicki Vasser, Leadership Graduate Hannah Pinter and Steve Clark, President/ CEO, Fayetteville Chamber of Commerce
The Arkansas Bar Association Young Lawyers Section has been busy distributing copies of 18 & Life to Go: A Legal Handbook for Young Arkansans to young Arkansans across the state. The handbook created by YLS and recently updated provides young people with invaluable advice on important topics such as the management of credit and the various ways of settling disputes. It covers both civil and criminal issues. “18 & Life to Go” was a big hit with the seniors at Little Rock Central High School who ranked it No. 7 in the “Top Twelve Entertainment” of the year. YLS distributed over 600 copies to the graduating class. The handbooks were also presented to the recent graduates of the Fayetteville Chamber of Commerce Teen Leadership Graduation and to the Arkansas State Library for distribution to libraries across the state. The goal is to provide every high school student with a copy of the book. The handbook is available as a at http://www.arkbar.com/pages/ legal_pamphlets_public.aspx as a free download and on the kindle and will soon be available as an app. 3
YLS elections! Candidates for YLS Chair
Elections Friday, June 8th 3:00-4:00 p.m. YLS Annual Meeting Hot Springs Cory D. Childs I am Cory D. Childs and I want to represent you as YLS Chair Elect for the coming year. The election will be held on Friday, June 8, 2012, at the Arkansas Bar Association’s Annual Meeting. You must be a member of the Young Lawyers’ Section and you must be present at the YLS meeting to vote. I am a graduate of UALR William H. Bowen School of Law. After law school, I had the privilege of clerking for the Honorable Lavenski R. Smith of the Eighth Circuit Court of Appeals. I currently work for Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. in Little Rock, Arkansas. Since 2010 I have served on the Executive Board of YLS as your District B Representative. And for the last year I have served as Chair of YLS’s Minority Outreach Counsel. I have thoroughly enjoyed serving the young layers for the past few years and I look forward to continuing that service over the next year. If elected, I will (1) work to increase involvement of young lawyers in the Bar and the community, (2) help to make the transition from student to practitioner easier, and (3) work to increase the diversity of Arkansas law schools and the Bar. I am truly excited about the future of our section. YLS Chair Brian Clary has instituted an excellent blueprint for our section to follow. As your Chair Elect I will continue to implement his ideas while working to take our section even higher! If you have any questions or comments about my campaign, please do not hesitate to contact me at firstname.lastname@example.org or (501) 7863706. I hope to see each of you at our meeting in Hot Springs on Friday, June 8th. Together, you and I can build a better Bar! Sincerely and respectfully,
J. Cliff McKinney Dear Fellow Young Lawyers, I would like to ask your support for my candidacy as Chair of the Young Lawyers Section of the Arkansas Bar Association. For the last nine years, I have been a volunteer for the Bar and YLS in various capacities. It has truly been my honor to serve and has afforded me amazing opportunities ranging from hosting a delegation of Ukrainian judges who came to Arkansas to study our legal system to chairing last year’s Annual Meeting. I have been particularly enriched by my service with YLS, which has allowed me to work with many talented people who have been willing to generously donate their time. YLS is the most important arm of the Bar. YLS consistently provides the most dedicated volunteers and innovative ideas to further the Bar’s mission. YLS innovated 18 and Life to Go and the Statute of Limitations Handbook. YLS undertakes numerous charitable activities. YLS provides much of the volunteer work needed to make the Bar’s activities successful. YLS reaches out to new attorneys and provides opportunities for involvement, enrichment, networking and personal growth. I believe I am uniquely qualified to seek the honor of serving as Chair of YLS. Many years of volunteering for YLS and serving on the Executive Council has equipped me to serve as Chair. I also have experience in the leadership of other organizations, including serving as chair of Arkansas Rice Depot and chair of the Real Estate Section. I want to continue—and grow—the YLS tradition of outreach to new lawyers, charitable service to the community and advancement of the legal profession. If elected, I will work to promote YLS’s existing programs, such as 18 and Life to Go, and develop new opportunities for Young Lawyers to become involved in our profession and give back a portion of our time and talent.
Cory D. Childs Cliff McKinney 4
YLS In brief
YLS elections! Candidates for District B Representatives
Elections Friday, June 8th 3:00-4:00 p.m. YLS Annual Meeting Hot Springs Grant M. Cox It has been a privilege to serve as the District B Representative to the Executive Council of the Young Lawyers Section these last few years. The stated purpose of the Young Lawyers Section is to stimulate the interest of young members of the bar of Arkansas in the objects of the Arkansas Bar Association and providing such members with a more effective means of participation in activities to improve the administration of justice and promote the public welfare. During my service on the council, I believe that we have made magnificent achievements in fulfilling this goal. In the publication of 10,000 copies for distribution of 18 and Life to Go: A Legal Handbook for Young Arkansans, the Young Lawyers Section provided a helpful guide to young adults beginning their journey through life. Further, with the impending release of an iPhone app, this useful resource will reach many more individuals needing this valuable legal resource. It is my hope to continue to assist the Young Lawyers Section in developing this publication in order to help young adults understand our legal system and help them navigate through their transition to adulthood. Further, during my time on the Executive Council, the Young Lawyers Section has made great strides in stimulating the interest of young members of the bar to participate in the Arkansas Bar Association by expanding social networking and mentoring opportunities. While I believe the Young Lawyers Section has achieved many of its stated purposes, there is certainly more we can do for our members and for the citizens of Arkansas. It is my desire that the Young Lawyers Section make more legal resources available to the young members of the bar in order to assist all of us in our professional development. Also, as a new father, I realize that some members of our section may not be able to participate in after-hours social and networking events. Thus, given the opportunity, I hope to promote within the Executive Council the inclusion of more family friendly events allowing for greater participation in our activities. For these reasons and because I believe in the purpose of the Young Lawyers Section, I seek reelection as your representative to the Executive Council.
Kristin M. Lausten If the bold typeface didn’t give it away, my name is Kristin M. Lausten and I’m a candidate for the District B Representative position on the YLS Executive Council. While it’s common to include a brief biography listing ones achievements and accolades, I believe doing so would be neither interesting nor persuasive. While there are several reasons why I would like your vote, only one really matters: I believe in the mission of YLS and the services it provides. I have served on several YLS committees, and would like to become more involved with the organization by serving on its governing board. For those of you that prefer the resume-style candidacy announcement, here it is. Having worked at The Henry Firm, P.A. during law school, I developed the grit and determination necessary to complete projects and accomplish multiple tasks. While continuing my employment with the same firm, I have served on several committees, including the YLS Legal Education Committee, Pro Bono Committee, Disaster Relief Committee and Citizen Education Committee. I also served on AAWL’s Development Committee, sat as the Vice-Chair of AAWL’s Communications committee, and am currently serving as their Chair of Communications. My belief in the mission of YLS coupled with my prior experience serving on committees for YLS and AA WL makes me an ideal candidate for District B Representative. If given the opportunity, I will be an active member of the YLS Executive Council. I look forward to serving YLS and working with you on YLS events and projects. Thank you for the unique privilege of allowing me to work with such a strong organization. For those of you I know, thank you for your support and your friendship. For those of you Idon’t know, I sincerely look forward to meeting you at the meeting in Hot Springs. If you have any questions, not hesitate to contact me. Kristin M. Lausten
Young Lawyers Section Report
by Brian M. Clary
Originally printed in the Spring 2012 issue of The Arkansas Lawyer magazine. Reprinted with permission.
Serving our Community & Bar As my year as YLS Chair draws to a close, I have had the opportunity to reflect on the diverse regions that I have visited across the state. While the landscapes were many and varied, each area shared a common denominator…(young) lawyers who regularly contribute to the legal profession and their communities. One of our most successful events this year, the College Road Tour, took us to Philander Smith College and the University of Arkansas at Pine Bluff. A group of YLS members spoke to almost 100 undergraduate students who were interested in the law and attending law school. A majority of the students had never met an attorney and were excited about the chance to meet with our members one on one. YLS members shared their experiences as lawyers and their own paths to law school. It was heartening to hear so many positive stories about our profession. The College Road Tour will continue next year. We hope that we can visit more schools and more students. Our efforts with the College Road Tour have been recognized by the American Bar Association. Arkansas YLS is
College Road Tour at Philander Smith College
YLS In brief
one of four finalists competing for a grant to increase diversity in the legal profession. Another successful, statewide project for YLS has been distribution of 18 & Life to Go: A Legal Handbook for Young Arkansans. The handbook has been distributed to young adults in every bar district at community colleges, high schools, and leadership groups. We are excited to announce that the handbook is now available as an application for iPhone and iPad. We have also had a number of smaller events. A dog wash for the Pulaski County Humane Society, food sorting at the Arkansas Rice Depot, judging a high school moot court competition in Jonesboro, and helping the needy in Northwest Arkansas demonstrate our commitment not only to serving the law, but also the communities where we live and work. The work of YLS and the Association is truly a local and statewide effort. I have been honored to be a part of it. None of our efforts would have been successful without the support of the YLS Executive Council and the Association’s leadership and staff. I owe a great deal of my accomplishments to their hard work and dedication. I thank them. On another note, the 114th Annual Meeting will be held in Hot Springs in early June. YLS and Dover Dixon Horne PLLC sponsor a number of CLE courses and events for the Association on Friday, June 8. Our keynote speaker this year is Steve Clark, President/CEO of the Fayetteville Chamber of Commerce. Mr. Clark’s topic “Volunteer – Catalyst? Engine? or Victim?” will address the legal profession and lawyering in the 21st century within the Annual Meeting’s
theme of Strengthening our Profession. Following Mr. Clark’s address, YLS will hold its annual business meeting for all young lawyers. Join us at the meeting as we welcome our new YLS Chair, Vicki Vasser, of Rogers, and hear her plans for the upcoming year. We will also hold a number of elections for leadership positions within YLS, including Chair-Elect. The Chair-Elect will be selected from District B (Pulaski County). Be on the lookout for the next issue of YLS In Brief to see information on our candidates and voting. YLS hosts the Friday evening entertainment in the Arlington Hotel lobby from 8 p.m. to midnight. The Annual Meeting is a great time to visit old friends, meet new ones, and have a moderate to excessive amount of fun. See you in Hot Springs! n
YLS Party at the Arkansas Bar Association
Annual Meeting 2012
Friday, June 8, 2012 Evening Entertainment – Disc Jockey! Join the Young Lawyers Section in the Arlington Hotel Lobby from 8:00 p.m. until midnight with a talented DJ playing a variety of favorites.
Get Your Head Out the Clouds by Putting Your
Files There: 3 Basic Steps to Cloud Security By: Anthony C. Johnson
You and I practice law much differently than our predecessors, and the practice will only continue to change for the rest of our careers. Technology simply has that effect on things. Attorneys need to understand the advantages and risks that accompany these technological advancements. One example is cloud computing. The “cloud” has become increasingly popular and more and more firms, including mine, have made the jump. Because I can’t always be in my office, I find it invaluable that, for all practical purposes, my entire file system travels with me wherever I go. That said, like all technological tools, cloud computing comes with risks and requires certain steps on your part to avoid serious ethical problems. The biggest risk involved in cloud computing is the risk that your files might fall into the wrong hands. Attorneys have an ethical obligation to safeguard their clients’ documents as well as a duty of confidentiality. And when you add cloud computing to the equation, jurisdictions that have considered the issue are also concluding that attorneys have an ethical duty to competently manage the technology so as to not violate ethical rules. This means that the responsibility is yours to understand the technology you are using and to understand where you are vulnerable. But, fear not, all you word-perfect using, facsimile sending, tech-resistant cohorts. By using the following 3 simple security steps, you can make the leap to a more tech savvy, cloud-based law firm in no time. 1. Right off the bat, and most obviously, your computer is vulnerable. Many cloud programs install a folder onto your computer through which you can access your entire cloud library. This folder itself is usually not password protected. Therefore, password protect your computer—both to log in as well as to exit the screen saver. And do not leave your laptop unattended in public. This also applies if you have access to your cloud folder on your mobile device. 2. Next, but just as critically, you are also vulnerable through your network. As thieves and other dishonest individuals become increasingly tech-savvy, direct access to your computer is less important than access to your network. Therefore, encrypt your network using the highest available encryption and put the cloud folder out of reach of your computer’s file sharing (even if that means you have to disable file sharing completely). 3. Finally, your cloud account and the cloud host itself may be vulnerable. Your account is typically accessible through the website. Therefore, I recommend using a unique password for that account. Furthermore, read the agreement with the cloud host company and make sure that under no circumstances would the cloud company have an ownership interest in the contents of your cloud folder. Many companies today offer cloud-hosting services, so finding a company who would be most accommodating to your needs should not be hard. Enjoy the cloud. Feel free to contact me for my recommended service providers: AJohnson@BHNJLaw.com . n
Anthony C. Johnson is the managing partner at Butler, Horn, Nye & Johnson, PLLC. Johnson has been a small business owner and entrepreneur for years and uses his undergraduate degree in computer engineering as well as his experience in tech to consult and provide insight to many businesses across the state and country. He has been awarded multiple recognitions involving his work in the tech industry including being named one of “America’s Techiest Attorneys” in the ABA’s American Bar Journal (April 2012 cover story), being named one of the Arkansas Business “20 in their 20’s” & as a finalist in the Arkansas Governor’s Cup competition. His firm’s practice consists of business litigation, contracts, bankruptcy, family law & personal injury litigation. 7
The 114th Arkansas Bar Association
Annual Meeting 2012
June 6-8, 2012
Hot Springs Convention Center Hot Springs, Arkansas
Y L S E v e n t s ON F R I D A Y YLS Party Friday, June 8, 2012 Evening Entertainment – Disc Jockey! Join the Young Lawyers Section in the Arlington Hotel Lobby from 8:00 p.m. until midnight with a talented DJ playing a variety of favorites.
Convention Center 203-204 8:00 - 9:00 a.m. (1.0 CLE) Fastcase: 10 Tips for Time-Efficient, Cost Effective Legal Research •Christina Steinbrecker Jack, Legal Content Manager, Fastcase 9:00 - 10:00 a.m. (1.0 CLE) It Isn’t Easy Being Green: Understanding Major Issues Related to Developing Environmentally Friendly Real Estate Projects •J. Cliff McKinney II, Quattlebaum, Grooms, Tull & Burrow PLLC 11:15 - 12:45 p.m.
Lunch, State of the Judiciary Address (0.5 CLE), Swearing-in & Awards Ceremonies in the Exhibit Hall
12:45 - 1:45 p.m. (1.0 CLE) Recognizing a Qui Tam — Now What •David L. Ivers, Mitchell Blackstock Ivers & Sneddon, PLLC •Michael W. Mitchell, Mitchell Blackstock Ivers & Sneddon, PLLC •Emily Sneddon, Mitchell Blackstock Ivers & Sneddon, PLLC •Shannon S. Smith, Assistant United States Attorney, United States Attorney’s Office, Eastern District of Arkansas
YLS In brief
1:45 - 2:45 p.m. (1.0 CLE Ethics) Volunteer — Catalyst? Engine? or Victim? •Steve Clark, President/CEO, Fayetteville Chamber of Commerce The law in the 21st century is not the law of the 20th century and never will be again. This is not the era of the golden rule. It is the era of the platinum rule.
2:45 - 3:00 p.m. Break 3:00 - 4:00 p.m. YLS Meeting Join the Section in the passing of the gavel to the next Section chair and the election of the new officers and district representatives. YLS Track Sponsored by Dover Dixon Horne PLLC and the Young Lawyers Section.
Follow us on twitter & tweet about the annual meeting
hashtag: #arkbar Scan QR Code with your smart phone & bookmark the new Mobile Annual Meeting Page. Want an Annual Meeting app? Add the mobile schedule to your Home screen. Scan the QR code above and at the top of the screen in your Safari browser, tap the Go To icon and select “Add to Home Screen.” Click Here for Detailed Instructions.
Market Your Law Practice for only $75/year 9
-Cle NEW CLE Desk Catalog Coming this Summer with Fall Calendar
New CLE Desk Reference New Fall CLE Calendar
2012 Best of CLE
Keep a watch on your mailboxes because the
Little Rock • June 25-29, 2012
CLE catalog will be coming this summer! The Arkansas Bar Association is very pleased to announce that we will be listing all of the Fall CLE in an upcoming catalog. Now
30 CLE Hours (Including 6 Ethics Hours) 2012
UALR Bowen School of Law
you can keep a handy desk reference that will include all you need
Rogers • June 28-29, 2012
to know about upcoming seminars and how to register. This is
13.25 CLE Hours (Including 1 Ethics Hour)
something you don’t want to miss.
Embassy Suites, Rogers
As always, all of the information will also be online.
Speaking of online, do you need a couple of hours of CLE? Don’t want to leave your office? Have you taken a look at the online CLE calendar? It is full of great webinars. Webinars are a convenient option to allow you to get your required
CLE hours.The Arkansas Bar Association is now offering more webinars than ever before. We are pleased to announce that we have partnered with a company that provides us with live CLE webinars that will cover a variety of substantive law areas. Go to http://www.arkbar.com/pages/continuing_legal_education.aspx right now and look at our offerings. Also, everything offered by the Association is approved for credit, so you won’t have to worry about approval!
June 6th: June 12th: June 13th: June 14th: June 15th: June 19th: June 20th: June 21st: June 22nd: June 26th: June 27th:
2012 Ethics in Civil Litigation, Part 1 2012 Ethics in Civil Litigation, Part 2 Business Divorce: Planning for When Businesses Fall Apart, Part 1 Business Divorce, Part 2 Ethics in Beginning and Ending an Attorney-Client Relationship Employment Law Torts 2012 Estate,Trust & GiftTax Planning Update, Part 1 2012 Estate,Trust Update Part 2 Sophisticated Choice of Entity, Part 1 Sophisticated Choice of Entity, Part 2 Buying/Selling Real Estate, Part 1 Buying/Selling Real Estate, Part 2
YLS In brief
Featured Fall CLE Seminars Solo & Small Firm Conference September 21-22, 2012 • DeGray State Park Lodge Handling Divorce—Start to Finish October 5, 2012 • Arkansas Bar Center, Little Rock Intellectual Property for the General Practitioner November 25, 2012 • Arkansas Bar Center, Little Rock
Benefit Corporations: Making Profits . . . Responsibly
By: Aimie Lockwood
A new business concept is approaching the Arkansas border—a corporation with a social conscience. This business model takes two forms: Benefit corporations and Certified B Corporations. Both forms allow companies to make profits while striving to create positive environmental and social change. Since 2010, seven states have passed legislation enabling the creation of benefit corporations: California, Hawaii, Maryland, New Jersey, New York, Vermont, and Virginia. Seven more states have legislation pending, including Louisiana, which introduced proposed legislation on April 4, 2012. A white paper with model statutes can be found at http://www.benefitcorp. net/storage/The_Need_and_Rationale_for_ Benefit_Corporations_-_April_2012.pdf. Benefit corporations differ from traditional corporations in that they commit to socially conscious corporate purposes, they expand fiduciary duties, and they are required to transparently report their progress on a number of socially relevant measures. Benefit corporations have a broader mission than just maximizing profits for shareholders. The directors of benefit corporations may consider more than potential financial gain when making decisions; they may also weigh the potential impact on the environment, the community, the workforce, or consumers. In states where benefit corporation legislation has not yet been established, businesses can join the movement by becoming Certified B Corporations. A Certified B Corporation may be an LLC or a traditional corporation, or even a sole proprietorship. The business, regardless of its current structure, must work with the nonprofit B Lab (http://www.bcorporation.net), which certifies, educates and monitors Certified B Corporations. Currently, 510 businesses have become Certified B Corporations,
ranging from distributors of free-trade coffee to solar energy specialists to manufacturers of organic skin-care products. A dozen law firms have become Certified B Corporations. Arkansas does not yet have any Certified B Corporations, but there are now two in Missouri, two in Louisiana, three in Tennessee, and twelve in Texas. To become a Certified B Corporation, a business must file an impact assessment with the B Lab, amend its governing documents, broaden its concept of stakeholders, and submit annual progress reports. Every year, ten percent of the Certified B Corporations are randomly selected for onsite reviews. Blog coverage of the companies who have joined can be found at http:// www.thechangeweseek.com. Kyle Berner is the kind of entrepreneur who embraces this new mode of business. Kyle is the owner of Feelgoodz (www.feelgoodz.com), a company based in Louisiana and North Carolina that produces flip flops billed as “natural, comfortable, and ethical.” Kyle believes that benefit corporations and Certified B Corporations are the business model of the future. Kyle graduated from Loyola New Orleans with a BBA in Marketing in 2003, and later spent a year backpacking across Thailand. When he formed his business, which sells high-end flip-flops to retailers such as Whole Foods, Kyle was determined to create a positive social impact by paying fair wages to the
Thai rubber farmers in his supply chain. Kyle had a vision for creating a successful business while using a progressive business model. Feelgoodz was formed as an LLC in 2008. When he read about Certified B Corporations from an article online, Kyle knew that he had connected with the right organization. Feelgoodz modified its governing documents to become a Certified B Corporation. Ensuring that his supply chain is socially responsible makes Kyle’s products more expensive. Kyle looked at his market price and then worked backwards to create a profit margin that would allow his business to expand. Kyle found that when mentioned that Feelgoodz used rubber from Thailand, people immediately thought of child labor. Kyle had to educate his consumers about his underlying mission to support sustainability for his suppliers. Kyle was inspired by the Footprint Chronicles of Patagonia (www. patagonia.com/us/footprint), a company which paved the way in social responsibility. Until Arkansas legislators find a niche for Benefit Corporation statutes in the subchapters of Title 4 of the Code, local businesses can still become Certified B Corporations. By complying with the standards set by B Lab and amending their governing documents, companies can still find a balance between earning profits and promoting positive change. n
Aimie Lockwood passed the Arkansas Bar in July 2011. She practices law in Central Arkansas, and can be reached at email@example.com. Aimie first learned of Benefit Corporations while visiting Stanford University with her husband, Frank Lockwood, who passed the Bar in February 2012.
Cabbage Rolls Estimated Preparation Time: 40 minutes Estimated Cook Time: 8 ½ - 9 hours Serves 6 Ingredients 12 cabbage leaves Cabbage Roll Filling 1 pound extra-lean ground beef 1 beaten egg ¼ cup of milk 1 cup of cooked rice ¼ cup of minced onion 1 ¼ teaspoons of ground black pepper 1 ¼ teaspoons of salt Sauce 1 tablespoon lemon juice 1 8 oz can of tomato sauce 1 teaspoon of Worcestershire sauce 1 tablespoon of brown sugar Directions • Boil a large pot of water, then add cabbage leaves. Continue to boil for 2-3 minutes, then drain off water. • Combine filling ingredients in a large bowl to create a filling mixture. Add 4 tablespoons of the filling mixture to each cabbage leaf, then roll up ends of leaf. Arrange all rolls in the slow cooker. • Stir sauce ingredients together in a small bowl, then pour over rolls in the slow cooker. • Cook on low for 8 ½ to 9 hours. • Serve warm. Adapted from Allrecipes.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. 12
YLS In brief
Arkansas Bar Association Mentor Program
by Tom D. Womack
Lawyer-2-Lawyer Originally printed in the Spring 2012 issue of The Arkansas Lawyer magazine. Reprinted with permission.
Over the last two years, Association leadership has been exploring the feasibility of a statewide mentoring program for newly-admitted lawyers in Arkansas. The theory underlying the initiative was that fostering mentoring relationships between beginning and experienced lawyers would assist new lawyers during the critical transition from student to practitioner, by which they could learn fundamental skills and core values of professionalism essential to the practice of law. A number of other state bar associations, Georgia, Utah, Ohio, and Oregon among others, have established mentor programs giving all new bar members meaningful access to experienced lawyers and a well-developed mentoring program available in their first year of practice. A key to success in these other states has been allowing for a flexible approach in which mentors and new lawyers take a general outline of a mentoring curriculum and shape it to best meet the needs of the new lawyer. The success of a particular mentoring relationship will, of course, always depend upon the commitment of both the mentors and the new lawyers, and a devotion of time, energy, and skill will be required on both sides. The necessity of making mentors available to new admittees has become increasingly important due to the limited number of employment positions available for new graduates in recent times, particularly since 2008, due to the multi-year influx of new lawyers in a market place where employment opportunities have grown increasingly limited. The consequence has been a dramatic increase in the number of new admittees going directly into a solo practice. The lack of guidance by an experienced attorney typically available through law firm employment means that these new admittees who are going it alone need our assistance. At the last two Arkansas Supreme Court Professional Practicums, a number of new admittees have requested mentor assistance. Through volunteers identified at these sessions, the Practicum Committee has been able to fill these requests. We believe the number of new
admittees who can benefit from mentoring programs will only grow. Aspiring to fill this need, your Association has this year initiated Lawyer-2-Lawyer, a voluntary mentoring program that dozens of new admittees have relied on to enter into mentoring arrangements with experienced practitioners. Lawyer-2-Lawyer aspires to elevate the competence, professionalism, and success of Arkansas lawyers through positive mentoring relationships. Mentoring works on several different levels to foster the early development of a new lawyer’s career while creating a sense of pride and purpose in the mentor. Specifically, the mentoring relationship should:
• Assist in the development of the new law• • • •
yer’s practical skills and increase his or her knowledge of legal customs Improve legal ability and professional judgment Promote collegial relationships among legal professionals and involvement in the organized bar Encourage the use of best practices and highest ideals in the practice of law Contribute to a sense of integrity in the legal profession
The Lawyer-2-Lawyer mentoring program is sponsored by the Association’s Young Lawyers Section. Spearheading the effort has been Brian Clary, who is the current Section chair, and Tasha Taylor, a YLS leader who has been instrumental in the development of the concept and planning. The program offers a choice of a one-year mentor relationship where mentors are encouraged to be available to new lawyers by phone or email and to meet with him or her quarterly, as well as what is identified as a midday mentor. This is meant to be an informal and relaxed program which allows mentors and new lawyers the opportunity to share questions and information in a casual lunch environment on an irregular basis. The program requires that mentors must have a minimum of five years of practice experience.
Mentors and new lawyers are matched according to a number of factors, including practice areas and geographic location. To the extent possible and practical, consideration will be given to preferences for gender, age, ethnicity, and other factors identified by a new lawyer or a mentor. The Association will match new lawyers and mentors as soon as possible following receipt of a new lawyer’s enrollment form, after which written notice of the match and respective contact information is provided to the new lawyer and mentor. These relationships are managed in adherence with all professional ethics and standards, particularly “Ethical Issues in Lawyer-to-Lawyer Consultation,” Formal Opinion 98-411, issued by the American Bar Association Standing Committee on Ethics and Professional Responsibility, August 30, 1998. Lawyer-2-Lawyer is a year-long relationship of mentoring over the course of multiple inperson meetings. There is no cost for the new admittee to participate in Lawyer-2-Lawyer. The areas of experience mentors are often asked to share include client relations; adherence to the Rules of Professional Conduct; the development of networking skills; law office management and economics, and particularly oversight of a practice trust account; work-life balance; development of skills; and transition to private practice, among others. Overall, a mentor is expected to be able to offer professional, ethical, and practical assistance to the new lawyer. Mentoring provides support that new lawyers need as they leave their academic lives behind and encounter the real-life challenges of practicing law. A mentor can assist with skills development, serving as an advisor and role model. A mentor’s guidance can be extremely helpful as the new lawyer undertakes the demands of a new workplace and assumes the identity of a legal professional. The Association takes pride in this initiative to foster young lawyer development and service to the profession. n 13
2 L Arkansas Bar Association Mentor Program
Introducing the new Lawyer-2-Lawyer Mentor Program The Arkansas Bar Association’s new Lawyer2-Lawyer Mentor Program is designed to provide a variety of mentor relationships to young lawyers who have been licensed in Arkansas for five or fewer years. Mentees can choose from the following three options:
What Type of Mentor Do You Want?
❒ The Mid-Day Mentor
❒ The One-Year Mentor
1-2 Hours per Mentor Relationship
1 Year Traditional Mentor Relationship
The Mid-Day Mentor Program is meant to be an informal and relaxed program that allows experienced lawyers (the Mentors) and young Lawyers (the Mentees) the opportunity to share in a brief Mentor relationship over lunch.
The One-Year Mentor Program is the Traditional Mentor-Mentee Relationship, where you will be paired with a Mentor for a period of one year. Mentees will be provided with contact information for their Mentors and will be encouraged to meet together quarterly.
When you sign up for the MidDay Mentor Program, you will receive a roster which will include the names of lawyers who have volunteered to be Mid-Day Mentors. If you are interested in one of the lawyer’s areas of practice and experience, simply contact that lawyer and offer to take him or her to lunch.
❒ The Mega Mentor (Both) Can’t decide what type of Mentor you want? Choose both! You can be paired with one Mentor in the One-Year Program and still peruse the Roster of Mid-Day Mentors to find other lawyers you might be interested in taking to lunch as part of the Mid-Day Mentor Program.
Simply fill out the Mentee Application and you will magically be paired with a Mentor who can help answer some of your questions and provide you with some guidance as you work to start your career.
The Arkansas Bar Association Mentor Program is sponsored by the Young Lawyers Section 14
YLS In brief
MENTee APPLICATION FORM
Apply by July 15th!
Introducing the New Lawyer-2-Lawyer Mentor Program The Arkansas Bar Association Mentor Program is designed to assist young lawyers with five years of experience or less (“Mentees”), in any particular practice area of law, by matching them with more experienced lawyers having five or more years of experience (“Mentors”). The purpose of the Mentor Program is to provide Mentees with professional, ethical and practical assistance on an individual basis. Mentors will be matched with associates based on a number of factors including, but not limited to, practice areas and geographic location. See the attached form for more information about the Mentor Opportunities available in the Lawyer-2-Lawyer Mentor Program.
Arkansas Bar Association Mentor Program
To participate in the Mentor Program, just follow the 3 easy steps below:
Decide Which Program You’ll Participate In: ❒ The Mid-Day Mentor
1-2 Hours per Mentor Relationship
❒ The One-Year Mentor
1 Year Traditional Mentor Relationship
❒ The Mega Mentor (Both)
Tell Us a Little About Yourself
___________________________________________________________|_________________________________________________ Name Supreme Court ID ________________________________________________________________________________|____________________________ Company Name Number of Attorneys in Firm ___________________________________________________|___________________________|____________|_________________ Mailing Address* City State Zip Code *Please list your address you prefer to have closest to Mentor ____________________________|_____________________________________|__________________________________________ Telephone Number Fax Number E-mail Address __________________________________________|___________________________________________|______________________ County of Your Practice Bar Admission Date Birth Year ____________________________________________________________________________________________________________ Special Skills and/or practice areas and/or Special Preferences ____________________________________________________________________________________________________________ Professional Affiliations and Section/Committee Membership 15
How did you initially become interested in getting involved in the Mentor Program? ❒ I saw an article/ad in the Bar Association Publications ❒ E-Bulletin ❒ I had a mentor when I was changing area(s) of practice
❒ I had a mentor when I was newly admitted ❒ A Bar Association staff contacted me ❒ A Bar Association member contacted me
Areas in which you practice – please indicate and rank the top five areas comprising your practice. (i.e., 1 being most relevant and 3 being of lesser relevance). __ Administrative Law __ Appellate Litigation __ Bankruptcy __ Business & Commercial Litigation __ Civil Trial Practice __ Commercial Law __ Consumer Law
__ Corporate Law __ Criminal Law __ Debtor/Creditor __ Elder Law __ Family Law __ General Practice __ Intellectual Property
__ Taxation __ Personal Injury __ Public Sector __ Real Estate Law __ Wills/Trusts/Estates __ Other __ Other
Please select any of the following areas of experience that you would like to discuss with your Mentor. ❒ Building and Developing Networking Skills ❒ Following the Rules of Professional Conduct ❒ How to Become a Partner in your Firm ❒ How to Build a Good Resume ❒ How to Develop Good Interview Skills ❒ Landing a Nontraditional Legal Job ❒ Law Office Management ❒ Litigation Skills
❒ Running for Judge ❒ Running for Other Political Offices ❒ Single Parents Who are Lawyers ❒ Starting Your Own Law Firm ❒ Transition from Government Lawyer to Private Practice ❒ Transition from Student to Employee ❒ Work-Life Balance ❒ Other
Signature ____________________________________________________________________________________________________________ Signature* Date *Your signature above acknowledges that you have been licensed in Arkansas for five years or less and are a member in good standing of the State Bar of Arkansas.
Arkansas Bar Association Mentor Program
YLS In brief
Please Fax, E-mail, or Mail your completed form to the Arkansas Bar Association by July 15, 2012 Fax to: (501) 375 -4901 E-mail to: firstname.lastname@example.org Mail to: Mentor Program, Arkansas Bar Association 2224 Cottondale Lane Little Rock, Arkansas 72202
The Arkansas Bar Association Mentor Program is sponsored by the Young Lawyers Section
A Guide to Arkansas Statutes of Limitations
changes made to the YLS List serv The YLS list serv was originally designed to be a valuable member benefit, allowing members of the section to communicate with one another about pressing issues or questions, as well as leadership of the section to reach out to members with important news. This has worked very well with the Association’s 28 other sections. We recently realized that changes are needed for the current set up of the YLS list serv. We have now added a moderator that will not allow any email to be sent without prior approval. This filter will keep unnecessary emails out of your Inbox. We ask that you will give the list serv a second chance to function as the benefit it was designed to be.
Seventh Edition Revised March 2011
Prepared By Arkansas Bar Association Young Lawyers Section
F R E E D O W N L O A D TO M E M B E R S
The emails sent with “remove list serv” were unable to actually remove you from the list serv. We hope you reconsider removing yourself, but if you would still like to be removed, below are the proper instructions to do so via email. 1) Create a new e-mail to email@example.com 2) Leave the subject line blank. 3) In the body of the e-mail, put “unsubscribe YOUNG_LAWYERS_ SECTION” (without quotation marks) 4) Send the e-mail
Are you feeling overwhelmed? Arkansas Judges and Lawyers Assistance Program can help. We understand the competition, constant stress, and high expectations you face as a lawyer, judge, or law student. Sometimes the most difficult trials happen outside the court. Unmanaged stress can lead to problems such as substance abuse and depression. Arkansas JLAP offers free, confidential help. All JLAP services are confidential and protected under ARJLAP Rule 10 of the Arkansas Code.
Call 501-907-2529 • Email firstname.lastname@example.org 17