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J.C. DEACON Chairman, Annual Meeting

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July 1979

Vol. 13, No.3

~ THE OFFICIAL PUBLICAliON OF THE ARKANSAS BAR ASSOCIA liON

Arkansas Lawyer SPECIAL FEATURES

OFFICERS

Wayne Boyce, President EO. Harley Cox, Jr.. President-Elect James A. Bultry, Secretary-Treasurer

Cover Story - - 81 st Annual Meeting

116

Juvenile Justice in the United States

Paul Nejelski 100

Development of the Law of Gambling: Arkansas ...........•.................... 108 Interviewing the Client. . . . . . . . • . • . . .. E. Robert Wallach 118 Honored: Joe C. Barrett ......•.•..................... 130

EXECUTIVE COUNCIL

Don M. Schnipper Robert L. Jones, III David R. Malone LeRoy Froman Tom B. Smith Robert G. Serio Herman L. Hamilton John F. Stroud. Jr. Dennis L. Shackleford Charles Carpenter W. Christopher Barrier Webster L. Hubbell

EX·OFFICIO

Wayne Boyce E. Harley Cox, Jr. James A. Bultry Herschel H. Friday ROY T. (Rick) Beard Phillip Carroll

EDITOR

C. E. Ransick

EDITORIAL COMMITTEE

RoIJeIl T. Dawson E. A1~n Schay cynl Hollingsworth

REGULAR FEATURES President's Report ......•.•.......... E. Harley Cox, Jr. 98 Juris Dictum .........•.•.•................. C. R. Huie 106 Legal Economics Fran Shellenberger 128 Law School News 122 Oyez-Oyez ................•.•.•.•....... B. Tarkington 124 In Memoriam ....................•................... 112 Executive Council Notes James A. Buttry 127 Service Directory ............•.•.•...................I.B.O. Lawyer's Mart ......•...•.•......•................... 129 C. E. Ransick 134 Addenda Ethics 104 W. Christopher Barrier 120 Context AICLE News Claiboume W. Patty, Jr. 126 Marvin L. Kieffer 111 The Arkansas Bar Foundation Tax Tips Paul D. Williams 133 Advising Innovators Robert R. Keegan 99

The Arkansas Lawyer (USPS 546-040) is published quarterly by the Arkansas Bar Association, 400 West Markham, Little Rock. Arkansas 72201. Second class postage paid at Little Rock, Arkansas. Subscription price to non-members of the Arkansas Bar Association $6.00 per year and to members $3.00 per year included in annual dues. Any opinion expressed herein is that of the author, and not necessarily that of the Arkansas Bar Association, The Arkansas Lawyer, or the Editorial Committee. Contributions to The Arkansas Lawyer are welcome and should be sent in two copies to the Arkansas Bar Center, 400 West Markham, Uttle Rock, Arkansas 72201.

All mqUlries regardmg advertISing should be sent above address.

10

The Arkansas Lawyer.

July 1979/Arkansas Lawyer/97


PRESIDENT'S REPORT by E. HARLEY COX, JR.

WAYNE BOYCE-GREAT LEADER Some leaders, like a spear point, are out front but all of the drive comes from behind. Others, like Robert Edward Lee, provide the impetus at the forefront of an effort that encourages others to follow the path fixed. Wayne Boyce IS one of the latter type of leaders. His year as President of the Arkansas Bar Association has been fraught with problems, but marked by great accomplishments. We are fortunate that the Bar Association at a time of transition was under Wayne Boyce's leadership, and we owe him a debt of gratitude. FTC APPARENTLY BELIEVES EVERYONE SHOULD BE ABLE TO PRACTICE LAW "Of those to whom much is given, much will be required." Lawyers fit this biblical admonition quite well. We have been given major responsibilities for the proper handling of the system of justice in our country which is about themost complex in the history of man. We have felt the handling of this heavy responsibility required careful training. There are some who feel we have failed our trust. The Federal Trade Commission is about to launch an attack on lawyers and the practice of law, generally, with the principal thrust seemingly aimed to the requirements of bars that before a person is admitted to practice law he must complete certain educational prerequisites and pass a bar examination. The irony of this is that the bar is vigorously defending charges against it that lawyers lack competency, particularly in the area of trials, to represent clients property. Your Bar Association will diligently and vigorously respond to any such challenge as it is made. CLEANING UP OUR OWN HOUSE The best defense against attacks is not to have weaknesses. While we need to rebut, promptly and vigorously, charges made against the profession, we need to review our own posture for weaknesses and take steps to correct them. The confidence of the public in our system of justice is essential to making it work. A lack of confidence in the integrity and ability of lawyers represents a lack of confidence in the system of justice, and part of our trust IS to avoid that. This is one of the major challenges to our Association at this time. We need better to inform the public of the lawyers' role in their lives and to encourage people to use attorneys at the proper time. Similarly, we need to be sure that lawyers are capable and willing to perform the jobs entrusted to them timely and well. Our Association is moving to add to its staff a professional who will be qualified to inform the public accurately of the role lawyers play in their affairs. This is a con98/Arkansas Lawyer/July 1979

tinuing work which we cannot stint. I believe that Within a yearor less you will see, directly in your practice. and in the attitude of the persons with whom you work, a Change for the better. DISCIPLINE OF LAWYERS IS A CONTINUING CONCERN The image of the legal professional is made.nnore by the few who fail their trusts than the many who dally perform it well. I believe that effective discipline requires better public knowledge and involvement in the process. It is my hope that the Association will be successful In encOUraging the Supreme Court to broaden its rules and prOced ures on lawyer discipline to involve lay persons on the committee and to make more public the actions taken by the committee against offending lawyers. OUR ASSOCIATION IS THE "TRADE ASSOCIATION OF THE LAWYERS" We lawyers think of ourselves as operating in a slightly different category from the plumbers, but In Certain of our affairs, we need a "union" working for our common interest. It is my belief that an effective bar properly administering the system of justice entrusted to us must be composed of lawyers who make decent livelihoOds. If, as I believe, the law is best administered by disciplined, trained professional lawyers and not by any person Who may want to hold himself out to the public as willing to perform the service, then there needs to be some continued definition of the services which are within the exclusive proVince of lawyers and "the practice of law". Many of the services historically performed by lawyers are continuing to be handled in increasing numbers by lay people. With increasing rapidity, the examination of abstracts of title by lawyers is passing from the scene. Tille insurance IS rapidly replacing lawyers' title examinations in many parts of Our state. Preparation of pension and profit sharing plans as well as other estate planning devices is being performed in increasing amounts by insurance companies. The economic welfare of lawyers is probably also tied closely to their ability to perform services that lay people cannot effectively perform for the public. The best interests of lawyers then would seem to lie in continuing to increase and improve their specialized knowtedge so as to offer services not commonly available from other sources. The efforts of the Association to increase our COlleagues' participation in continuing legal education seminars will be unabated. YOUR ASSOCIATION NEEDS YOU We Arkansans are fortunate in many ways. The size of our Association is such that each of us has an important role to play and without each doing his part, the total effort


ADVISING INNOVATORS by Robert R. Keegan

Can I Patent My Idea "I have a great idea. Can I patent it? What should I doT. If you are a lawyer, this query or some paraphrase of it has probably been tossed to you at one time or another. The question is deceptively hard to field because it cannot properly be answered on the basis of the information supplied. One response to such a question would be that "ideas" are unpatentable, so the would-be inventor might as well forget the whole thing. While it is true that "ideas" are unpatentable, to stop there may fail to come to grips with the problem. Furthermore the questioner will not readily accept that answer because upon first consideration most persons inexperienced in such matters would assume that "ideas" are just the thing that one may patent. Their error lies in not distinguishing between an "idea" and an "invention". An inventor referred to my office a decade or so ago was concerned about automobile pollution of the atmosphere .and had a proposal which he thought might be patentable. His proposal was to conduct the exhaust gases from the auto engine into a large cannister which was to contain metallic wire screens. Upon close examination of the proposal it was apparent that the inventor did not provide any exit from the cannister for the exhaust gases, nor did he intend to. Obviously his proposal needed a little more work, and possibly an exception to the laws of nature. This is an extreme case of an "idea" which is a long way from being developed into an "invention", but it illustrates the point. The other side of the coin is that an invention is almost always preceded by an idea, sometimes by a seemingly outlandish one. Thus before one advises an innovator to "forget it" further information should be sought to determine whether perhaps he already has developed or is

capable of developing his idea into an invention. What is necessary for the transformation. It is not necessary to construct a working model to have a complete conception of an invention. It is necessary however to have description, drawings and whatever is appropriate to the subject matter to provide sufficient information to permit a person skilled in that field of endeavor to carry out the invention (as by bUilding a working model of the machine if that is what is involved). Although such a description is sufficient for conception of an invention, to complete the invention will eventually require either actual reduction to practice, by constructing a model or the like, or constructive reduction to practice by preparation and filing of a patent application. Note that when the inventor has progressed beyond a mere idea to the point of having made an invention, this does not mean that his invention is patentable. Some other inventor may have preceded him or some other bar to patentability may exist. In conclusion, if one is asked whether an "idea" is patentable the answer is "no, with an explanation". The explanation is that while a mere idea which does not represent a fully conceived invention is not patentable, virtually every invention must be preceded by an idea, and the idea in question may be the precursor of an invention that just might be patentable. Whether or not the inventor has proceeded beyond the idea stage he should put on paper a record and complete description of his concept which should be demonstrated or described to knowledgable witnesses who will sign the dated record of what they saw. When and if he proceeds to the invention stage the possibility of patent protection should be investigated.

#......

President's Report Continued will not be as successful. If you are presently serving on a committee of the Association, insist that you fulfill your purpose. If you are not presently on a committee, notify me of that fact so that we can remedy that. It is my hope that we may better encourage our colleages to participate directly in representation in our General Assembly by activating LawPac. This will require both energy and money.

The American Bar Association program on "Youth Education for Citizenship" is a challenging way of improving our youngsters' knowledge of the system we live in. Continuing and broadened efforts in this regard should involve many of you. There are other dreams which we share that require our common effort. Please let me hear from you when you want to be involved or on any matter of common interest to the Association. ~ July 1979/Arkansas Lawyer/99


JUVENILE JUSTICE IN THE UNITED STATES by Paul Nejelski Deputy Assistant Attorney General U.S. Department of Justice

Although approximately half of the crime in the United States is committed by juveniles, juvenile courts traditionally have been relegated to a second class status and generally forgotten by the lawyers, legislators and planners. As one judge rather ineloquently commented: "The juvenile court in the United States is the latrine duty of the jUdiciary. You put in a few years and hope you will be promoted to a more prestigious court paying better with fewer problems." This second class status is paradoxical since the work of the juvenile court is at least as important as the general trial courts. The people who appear in juvenile and family courts have enormous problems. These courts are society's last resort in attempting to deal with break down in families, in cultural traditions and in

(Editor's Note: The Arkansas Bar Association was the leader among State bar associations in the study of the American Bar Association Minimum Standards of Criminal Justice. As a result of this effort, Arkansas now has new Aules of Criminal

Procedure, promulgated by the Arkansas Supreme Court, and a new Criminal Code enacted in 1975. See in The Arkansas Lawyer, "It's Assizetime in Arkansas" by now Congressman Edwin R. Bethune, January 1971; "Proposals fora New Criminal Code" by former Congressman Ray Thomton, May 1971; "The Challenges Are Being Met in Arkansas" by the late Mr. Justice Tom C. Clark, March 1972; and "The Assizes of Arkansas" by Congressman Bethune, July 1976. The facts set out in these articles should be a source of great professional pride for Arkansas lawyers. 100/Arkansas Lawyer/July 1979

other related social institutions such as schools. A recent survey on conditions in the United States noted the following signs of disintegration in the family: There is one divorce for every two marriages. Teenage drug and alcohol abuse continue to rise. A second leading cause of death among young Americans between 15 and 24 is suicide. For the first time a majority of American mothers hold jobs outside of the home. Every year, one million children run away from home, and this figure represents mainly middle class children. There are many more children who leave home and simply move in with an older brother, other family member or friend and are never reported to the police or other authorities.

A new set of Standards was adopted by the American Bar Association's House of Delegates at its Mid-Year Meeting at Atlanta, Georgia, February 12-13, 1979. These are the Juvenile Justice Standards. President-Elect E. Harley Cox, Jr. has indicated that a new committee of the Arkansas Bar Association is to be estabiished to stUdy the new Juvenile Justice Standards for Arkansas. The seventeen (17) Juvenile Justice Standards include coverage of Adjudication, Appeals and Collateral Review, Architecture of Facilities, Correction Administration, Counsel for Private Parties, Dispositional Procedures, Dispositions,

Interim Status, Juvenile Records and Information Systems, Moniloring, Planning for Juvenile Justice, Police Handling of Juvenile Problems, Pretrial Court Pro-

A social psychiatrist rec ently concluded that in terms of br<oken homes, working mothers and child abuse, in the middle class today is approaching the le",el of social disorganization that characterized the low income family of the early 1960's." In addition to the break dOlNn in family and cultural traditions, we are also confronted with a fiscal crisis in local government. New York ity is not alone in its difficulty in providing minimal social services to its population. It is doubtful that significarlt increases in resources will be ava.i lable for prevention, diversion or court processing of juveniles.

c::

One important result of these :shortages may be a growing recognition that we cannot justify massive iintervention in the life of a juvenile and

ceedings, Prosecution, Rights of ""-nors, Transfer Between Courts, and Youth Service Agencies.

The Association of Arkansas Ju""enile Cou rt Judges has become very C3ctive with the foilowing officers: Pres ident Robert S. Hargraves; First Vice Preosident B. Michael Easley; Second Vice Preosident Ronald L. Griggs; and Secr~tary足 Treasurer Judith Rogers.

Perhaps, it is Assizetime Again ii n Arkansas.

In line with the above, we are fo nate in being able here to publish, ..Ju"""enile Justice in the United States." a pa~r presented by U.S. Deputy Assistant Att;;.erney General Paul Nejelski at the 27th international Conference in Criminology, U iversity of Wuppertal, West Germany, 0 September 15, 1977.)


family based on the hope that in the future there will be more resources, more programs, more group home, more psychiatric counseling. The history of programs aimed at the rehabilitation of juveniles has been marked by criticism and controversy since the inauguration in 1825 of separate juvenile correctional facilities in New York and the emergence of separate juvenile courts toward the end of the last century. Social science theory has had an important impact on separate processes for juveniles since the midnineteenth century. Champions of "social darwinism" such as Herbert Spencer and William Graham Sumner discouraged public or private assistance for delinquent and wayward juveniles from the lower social classes, as a futile or even harmful attempt to counter the laws of natural selection. A more optimistic view of rehabilitation espoused by such writers as Jane Addams, who began the settlement house move路 ment in 1889 at Hull House in Chicago, ultimately prevailed and formed a climate hospitable to innovations such as court supervised probation and a separate court system for juveniles. Research studies of the resultant rehabilitative efforts mirror the increasingly sophisticated methods for collecting the analyzing data available in the behavioral sciences. At least three major themes are currently reflected in juvenile justice research and public policy. The first focuses on the treatment of the individual child, particularly studies of the inmates of correctional institutions. For example, H. Ashley Weeks' "Youthful Offenders at Highfields," (1958) suggested that short term residential treatment of approximately 4 months was more effective for individual delinquents than the normal 12-month period of incarceration. The second theme emphasizes the role of groups which help shape a juvenile. "The Provo Experiment in Delinquency Rehabilitation," (1961)

by LaMar Empey and Jerome Rabow demonstrated the rehabilitative advantages of focusing on changing shared characteristics through guided peer group discussion. Perhaps the most popular current area of study is the examination of institutions, such as police or juvenile courts, which help define and identity the child in need of treatment. "The Analysis of Delinquent Behavior: A Structural Approach," (1968) by John Martin, Joseph Fitzpatrick and Robert Gould is illustrative of this approach. It urged that delinquency be viewed in terms of racial, class and other social conflicts inherent in urban neighborhoods and the agencies created by society to deal with them. Each of these research themes has had an important impact on programs designed to help treat or rehabilitate children. For instance, short term commitments and the use of grouporiented treatment are widely used in correctional institutions. Youth Service Bureaus which are supposed to serve as advocates in reducing the conflict among or obtaining services from existing institutions have rapidly expanded since they were proposed in 1967 by the National Crime Commission. Another contemporary example of the relationship between research and policy has been the findings of the generally poor results attributed to the juvenile justice system. About 75% of all juveniles who have been incarcerated in training schools are arrested at a later time for another offense. This inability of the juvenile justice system to demonstrate positive results has raised a series of issues currently being litigated under the general title of "the right to treatment." The rationale for intervention is undermined to the extent that there are no programs or the existing programs do not rehabilitate. Until the last ten years, the juvenile court had been largely forgotten by the courts, the legal scholars and lawyers in general. Although the first juvenile court was founded in 1899 in Chicago, the first United States Supreme Court review did not occur until almost seventy years later with the

celebrated Gault decision.' As you recall, Gault held that under the federal constitution there was (1) a right to counsel, (2) a right to confront and cross examine witness, (3) a right to notice of charges, (4) a right to remain silent in the juvenile court. Although the implementation of Gault and the rights enunciated therein has been uneven in the United States, there has been an increase in the number of lawyers appearing both as defense counsel and representatives of the state. There has been greater pressure that the juvenile court jUdge be a lawyer. There has been a trend to greater use of transcripts and appellate review. But Gault and subsequent Supreme Court cases have not necessarily been a panacea. They have instead underlined the question of whether the juvenile court is a court or a social agency. The American legal scholar Roscoe Pound had special interest in the juvenile court, and two statements of his emphasized the tensions between the court and the social agency role. Early in the history of the juvenile court movement, Pound said that the juvenile court was the greatest innovation since the Magna Carta. This was obviously an enthusiastic endorsement of the court, but not unrealistic in light of the fact that the juvenile court had pioneered many of the institutions and practices thought to be reforms in the early part of the century- probation, the use of social history in sentencing, indeterminate sentences, and even the explicit recognition of preventive detention. Writing approximately twenty years later, Pound took a more sober view of the juvenile court when he said that the court had greater power than the infamous Star Chamber of seventeenth century England. Until Gault, the juvenile judge had largely unbridled power. With no counsel present for either side, informality prevailed. In recent years, while the juvenile justice system is growing in many ways similar to the adult adversarial system, the adult system over the years has also grown to be more like the juvenile system. For example, July 1979/Arkansas Lawyer/101


probation, presentence reports, indeterminate sentences, and preventive detention have all been introduced for better or worse into the adult system. In many respects the two are growing together, each progressing toward a middle ground rather than either being terminated by the other. Despite the similarity between the two systems, there will always be special problems in any court which deals with juveniles because of the status of young people in our society. For example, there are problems of separating the interests of parents from those of the children. In many cases, not only should the child have counsel but the parent's separate interest should also be represented. Too often in the past the parent has been willing to waive the rights of their children in order to reach a quick disposition. Then too, children are always in someone's custody whether it is the parent, the school or juvenile court. In addition, their immaturity, for example their inability to write letters or otherwise make their plight known, creates special problems when they are incarcerated or run away from home. The dual nature of the American juvenile court was well summarized by Roscoe Pound: "it is a good thing for lawyers and social workers to be suspicious of each other." Both professions have strengths and both have weaknesses. At least in the United States, there would be a general suspicion of a system where either reigned supreme. In many ways it may be easier for others at this conference to discuss conditions in their countries since juvenile justice is governed by a single statute which has application throughout the country. In contrast, the United States includes the fifty states, the District of Columbia and the federal jurisdiction, all of which makes it very difficult to generalize about the state of juvenile justice in my country. This variety offers a rich potential for experimentation which unfortunately is rarely utilized to the fullest extent possible. For example, ten states allow jury trials in juvenile cases but little is known about how

102/Arkansas Lawyer/July 1979

often juries are requested and their impact on the juvenile court. However, I would like to point out seveal areas which have been of growing concern in the wake of Gault and an increased legalization of the juvenile court. In each of these areas, it is useful not only to look at juvenile cases and problems by themselves but also to remember that they are part of a growing due process revolution in American thinking and the law not only about juvenile crime but also about treatment of the mentally ill, about victimless crime, about welfare and poverty law. For instance, PINS statutes establish juvenile court jurisdiction over such behavior as being beyond the control of parents. Are they void for vagueness? Here we might look to analogies in the vagrancy laws which have been successfully attacked in the United States for too broad a delegation of power to the arresting and convicting authorities.

1. Coercion -

less state inter-

vention? Judges, lawyers, legal scholars, legislators, and others concerned about children are becoming more cautious about the amount of intervention in the lives of families and children. R"esearch has suggested that there is a higher rate of recidivism for those "treated" by the courts and institutions than those who simply go their own way. In addition, provision of some of these services is expensive. Jerome Miller and his program to deinstitutionalize the Massachusetts treatment-correctional system earlier in this decade won support by pointing out that the cost of incarceration of a juvenile at that time was approximately $10,000, a sum which would buy a college education, psychiatric treatment and even a trip to Europe. Instead, children were placed in regimented and unimaginative institutions which were in many cases little more than holding camps designed to keep kids off the streets and provide political patronage jobs for the employees. Instead, we are evolving toward a notion of "crisis intervention"avoid long term "treatment" and only

intervene if there is a specific problem which the state can help resolve. Models here include providing immediate services for runaways and the Sacramento Diversion Project which has been sponsored by the Center for Criminal Justice at the University of California at Davis under the direction of Floyd Feeney. In this later type of program rapid intervention is made at juvenile court intake in an attempt to reduce pretrial incarceration and ever the necessity for a hearing itself.

2. Proportionality - should the disposition fit the offense? Should the juvenile found to be a shoplifter or truant spend the same amount of time in a correctional institution as the armed robber or murderer? Some are concerned that the indeterminate sentence lacks elements of essential fairness. In addition, statistics indicate that the status offenders such as children beyond the control of their parents spend a longer time in institutions than those who have committed an offense that would be a crime if they were an adult. Often status offense children come from a situation where there is little or no home. Disenchantment with the indeterminate sentence for adult incarceration is also apparent. There is a growing notion that the time spent in an institution - whether under the rationale of retribution, punishment, social defense or some other - should be in some way related to the offense. An analogy here is the field of mental illness where there is a growing sentiment that it is not fair to lock up someone until they are cured.

3. Transfer to adult courtwhen should children be treated as adults? In most jurisdictions, it is possible to transfer serious juvenile offenders to criminal court in the state. The alternative solution is the one adopted by the state of New York: a relatively low age (15) for the ceiling of the jurisdiction of the juvenile court with no transfer for even serious crimes such as murder.


Society is becoming increasingly concerned about serious offenses being committed by juveniles. In New York, there is evidence that juveniles are being used to carry narcotics or even used as "trigger men" for execution in gang wars because of their relative immunity from the criminal law. There is serious pressure to increase the number of transfers to adult court. On the other hand, defenders of a restrictive transfer system point out that minority childrenblacks, Puerto Rican, chicanos-are disproportionately subject to transfer to adult court. 4. The scope of due process - should it continue to intake, the prosecutor's office and the correctional institution? The Supreme Court in the Kent decision in 1966 interpreting the District of Columbia transfer statute, found that some decisions about the disposition of children are so important that they require "ceremony." The Court held that transfer to an adult court was one of these decisions. Consequently, the Supreme Court found that there was a requirement of a hearing, right to counsel, a record which could be used by a reviewing court and that written reasons would be required in transfer proceedings under the District of Columbia statute. Many states adopted these principles in their own transfer of proceedings. However, the Nixon administration cut back this grant of due process and the District of Columbia which is under the control of the federal govemment was given a statute which made transfer a matter of prosecutorial discretion. If certain crimes were charged (but not necessarily later proven) by the prosecutor, the case was automatically transferred to the adult criminal court. The United States Court of Appeals for the District of Columbia Circuit narrowly upheld this statute but expressly invited Supreme Court review. The Supreme Court declined this

review with three Justices dissenting, and their comments may be prophetic. Among the issues on which the dissenters would have liked to have heard arguments was the question of whether or not the Administrative Procedures Act would apply to prosecutorial discretion. In looking to the future, it is not inconceivable that decisions at intake and decisions to release people from treatment or corrections programs, as well as prosecutorial descretions in transfer, may be subjected to at least some of the formality of administrative law - such as written administrative decisions and court review. Probably the most thorough attempt to set standards in this area was the Juvenile Justice Standards Project jointly sponsored by the Institute of Judicial Administration and the American Bar Association. This project has already pUblished' fifteen monographs, and about five more are expected shortly. The topics range from issues in the intervention in thelives of children (such as schools and police) through adjudication (prosecution and court organization) to corrections (dispositional procedures and corrections administration). There are also volumes on such system-wide issues as record keeping and monitoring. The Standards have been summarized by scholar and judge Orman W. Ketcham in this fashion: ... (T)O the dismay of many would-be childsavers, the Standards adopted procedures that in a de facto manner establish ajunior criminal court. The consideration of pUblic safety rather than the status needs of the juvenile are the Standards' primary concern. Under the Standards,

I should like to conclude by emphasizing the need to study the impact of these standards or any other changes in the juvenile justice system. Unfortunately, we are only at the beginning of achieving the necessary experience and data to measure what is really happening in thejuvenile justice system. Record keeping has been lamentable throughout the system. We are a society which knows more about sports than justice. I would hazard a guess that it would be much easier for instance in baseball to find out how many short stops have lead the American League at batting than to discover how many children are now lodged in adult jails. However, if we and our institutions are to survive, we must of necessity become an experimenting society.' We must test diversion as Frank Zimring of the University of Chicago has done so skillfully in his study of the Vera Manhattan Court employment project or test the effects of deinstitutionalization in Massachusetts as the special project at the Harvard Center for Criminal Justice under Lloyd Olin has attempted. We must begin by collecting the necessary baseline data and where possible assign rigid control group experiments. In sum, we must remove the level of discourse from one of theological dispute about the merits of alternative strategies and instead attempt to measure the impact of current and proposed programs. It is impossible to devise a strategy for transfer to adult court when we do not know how many children are currently transferred to adult court, for what types of offenses, for how long, whether or not they are later convicted, and with what the disposition.

however, this junior criminal oourt would

not be the kind of criminal court from which the juvenile court movement seceded in Illinois in 1899. It would be a court that, although acknowledging the use of punitive sanctions, prohibits institutional confinement unless the juvenile is a clear and present danger to society. It would be a court that observes the principle of the least intrusive altemative and encourages referral of an errant youth to parents, the school, or a Youth Service Bureau unless the juvenile endangers the public safety. "National Standards for Juvenile Justice" 63 Virginia Law Review 201 (1977) [footnote omitted).

FOOTNOTES '387 U.S.l (1967) 2By Ballinger Publishing Company, Cam路 bridge. Massachusetts.

路For a more complete exposition of the ideas in these concluding paragraphs, see Nejelski and LaPook "Monitoring the Juvenile Justice Sys路 tern: How Can You Tell Where You're Going. If You Don't Know Where You Are?" 12 The American Criminal Law Review 10 (1974).

July 1979/Arkansas Lawyer/103


CODE Of PROfESSIONAL RESPONSIBILITY WITHHOLDING SERVICES UNTIL FEE IS PAID Refusal by a lawyer to complete a matter he has undertaken to handle for a client until the client has paid the remainder of his fee is a frequent complaint. Although not caused by the unintentional acts of the lawyer, this type of complaint has, nevertheless, been included here because many lawyers erroneously believe that they have the right to condition completion of their representation of a client upon receipt of full payment of the fee. However, a lawyer has no such right under the Code of Professional Responsibility. A lawyer may condition initial acceptance of employ路 ment upon payment of the fee in advance, but once services have been contracted for he may not condition completion of the services on payment of his fee. Disciplinary Rule 7-IOI(A) provides:

" ... reasonable steps to avoid foreseeable prejudice to the rights of his client, including giving due notice to his client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules." See Disciplinary Rule 2-1I0(A)(2). Otherwise, the lawyer would be obliged to complete his representation of the client notwithstanding the failure of the client to honor his financial obligations to the lawyer.

"A lawyer shall not intentionally: (I) Fail to seek the lawful objectives of his client through reasonably available means permitted by law ... [or] (2) Fail to carry out a contract of employment entered into with a client for professional services, ..." Once a lawyer undertakes to represent a client he is obligated to exert his best efforts to advance the client's legitimate interest with fidelity and diligence until he is relieved of that obligation either by his client or by the court. The failure of a client to pay for his services does not relieve a lawyer of his duty to perform completely and on time. "No fee-.no services complaints can be prevented by conditioning the initial employment on payment of the fee in advance in those cases susceptible to such a fee arrangement. Yet in many other cases, the lawyer's specific recourse on refusal or failure by a client to pay fees on request or as they become due is to withdraw from the representation as permitted by Disciplinary Rule 2路110(C)(I)(O, because the client "[d]eliberately disregards an agreement or obligation to the lawyer as to expenses or fees." Under this rule the lawyer can properly withdraw, but he must first obtain permission from any tribunal before which he has acted as lawyer of record for that client. Further he must take: It

104/Arkansas Lawyer/July 1979

-My deal" Sir, it is quite impossihle for me 10 take on YOllr

case . . ,You lack the most important piece of evidence ... (aside) evidence that yOll can pay my fee! ...


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~ ~---

IIII

JURIS DICTUM by C. R. Huie Executive Secretary, Judicial Department

What may well prove to be the crowning achievement, administratively, of the Judicial career of Chief Justice Carleton Harris will occur when the new Court of Appeals is activated, it being contemplated that this will occur on July 1, 1979. Act 208 establishes in Arkansas for the first time in history a Court of Appeals, known generally as an Intermediate Appellate Court, and designed to relieve the stupendous workload of the Supreme Court. A brief history of the development and execution of this giant step forward in the administration of justice for the people of Arkansas is deemed appropriate. Since the report of the Arkansas Judiciary Commission on January 8, 1965 to the Arkansas Sixty-Fifth General Assembly and the enactment of Act 496 of 1965 naming the Chief Justice Administrative Director of all Arkansas Courts, case and workload statistics of Arkansas courts have, for the first time, been compiled and published on a regular annual basis. The Arkansas Judiciary Commission, under the able leadership of John A. Fogleman, former President of the Arkansas Bar Association and presently Associate Justice was composed of the following members: Judge Aubrey Strait of Morrilton, Vice Chairmen; James H. Pilkinton of Hope, former Prosecuting Attorney, and Chancellor; WaIter Hussman of Camden, publisher; Russell Benton; Clay10n N. Little, attomey and presently State Representative; and M. T. Hickenbotham. Walter R. Niblock, attorney of Fayetteville was Executive Secretary. As a result of the establishment under the Chief Justice of the Office of Executive Secretary of the Judicial Department on July 1, 1965 and the regular gathering of statistical data, the administrative office was soon able to predict that the Supreme Court caseload would, in the foreseeable future, become unmanageable. That this prediction was accurate is evidenced by the fact that appeals almost tripled between 1964 and 1977, from 274 in 1964to 606 in 1977. Sensing that urgent action would be necessary in order to handle the increasing flood of business, the Supreme Court adopted such stop-gap procedures as were permissable under our constitution as rt then existed and in 1976 began sitting in divisions; a procedure authorized by the constitution and statutes. Such procedure, it was admitted, afforded only temporary relief and even before 1974' the Chief Justice and members of the Court had begun to inform the Bar and the public that a constitutional amendment authorizing the establishment of a Court of Appeals would be necessary if backlogs causing appellate cases to require from two to four years from filing to decision existing in some other states was to be forestalled. Such information, presented to the public and the Gen106/Arkansas Lawyer/July 1979

eral Assembly, resulted in the introduction of Senate Joint Resolution NO.5 by Senators Morrell Gathright and Robert Harvey on February 9, 1977 and adoption March 16, 1977 and in which constitutional amendment No. 58 was proposed to be placed on the general ballot in the general election of 1978. The amendment was brief and succinct. It read as follows: "SECTION 1. The General Assembly is hereby empowered to create and establish a Court of Appeals and divisions thereof. The Court of Appeals shall have such appellate jurisdiction as the Supreme Court shall by rule determine, and shall be subject to the general superintending control of the Supreme Court. Judges of the Court of Appeals shall have the same qualifications as Justices of the Supreme Court and shall be selected in the same manner as provided by law." Realizing the uncertain fate which befalls proposed constitutional amendments, and the necessity of educating the public concerning the issue before the 1978 General Election, a concerned committee composed of some of our state's outstanding citizen attomeys was organized as a voluntary group to promote the adoption of this progressive measure. Headed by Louis Ramsey, Attomey of Pine Bluff as Chairman, other members of the group were William J. Smith, Little Rock, Henry Woods, Little Rock, Phil Carroll, Little Rock, Bill Prewett, El Dorado, Brad Jessen, Fort Smith, and Neva Talley, Little Rock. Steve Clark, then assistant to Federal Judge Elsijane Roy and now Attorney General was drafted as Director of the group and resigned his position with Judge Roy on August 15, 1978 to begin the intensive campaigning necessary for bringing the spotlight of publicity to bear on this important issue Under the leadership of Chief Justice Harris, members of the Supreme Court joined with members of the Committee and work began in eamest. Chief Justice Harris made a number of television appearances and radio addresses as well as numerous talks to various clubs. Other members of the Court likewise made speeches to various organizations over the state and appeared on television and radio. The Committee was equally enthusiastic. Director Clark made from 25 to 30 speeches before various civic organizations and local Bar Associations. Members of the Committee worked for and secured the endorsement of numerous local Bars, Chambers of Commerce and labor groups. The results of the intensive labor of these groups became apparent when the electorate of Arkansas in the 1. In 1979, the Chief Justice testified before the Constitutional Convention of that year as to the need for a Court of Appeals, and this provision was placed in the Judicial Article of that document, but the proposed Constitution was defeated in the general election of 1970.


General Election of November 1978 voted in favor of the amendment by an impressive 2 to 1 margin. The vote in favor of the amendment was 291,941; the vote in opposition was 141,702. Armed with such a mandate from the people, Chief Justice Harris and members of the court together with members of the Committee appeared before the 1979 Legislature in support of an enabling measure. This effort resulted in the introduction of Senate Bill 13 by Senator Max Howell which, after passage by an overwhelming majority in both houses was signed into law by Governor Bill Clinton on February 23, 1979, and became Act 208 of the 1979 General Assembly. Briefly, the Act establishes an Arkansas Court of Appeals effective July 1, 1979 to be composed of six members. Also established was the Court of Appeals Apportionment Board composed of the Govemor, the Chief Justice, the Secretary of State, and the Attomey General and the chairmen of the Senate and House Judiciary Committees. The Apportionment Board will establish six districts using existing Judicial Circuit boundaries in such manner as will result in each district containing substantially equal populations. The Governor will then appoint one person from each of the six districts to serve on the Court of Appeals from July 1, 1979 until January 1, 1981, such appointees to be residents of districts from which appointed, and none of whom shall be eligible to seek election as a member of said Court in the 1980 General Election. The Governor will designate one of the appointees to serve as Chief Judge. In the 1980 General Election six persons will be elected to serve as Judges of the Court of Appeals beginning January 1, 1981. One Judge will be elected from each of the six districts established by the Board. The terms of office of the Judges initially elected will be determined by lot by the Apportionment Board so that two Judges will be elected to four terms, two to six year terms, and two for

eight year terms. Thereafter all Judges of the Court of Appeals will be elected for full eight year terms and each elected Judge will be a resident of the district from which elected. The Act provides that the Court shall be located in Little Rock with offices as convenient to the State Capitol and the Law Library in the Justice Building as can be arranged, but the Court en banc or any panel thereof may sit in any county seat for the purposes of hearing argument in cases before it. After January 1, 1981 the Chief Justice will designate one of the Judges of the Court of Appeals as Chief Judge of that Court. Such appointment will be for a four year term and the person so named shall be eligible for reappointment subject to the discretion of the Chief Justice. The Supreme Court Clerk will serve as the Clerk of the Court of Appeals, and the Supreme Court Reporter will serve as reporter for that Court. The Sheriff of the County wherein the Court of Appeals is sitting will be the bailiff. At the present time (April 1, 1979) much remains to be done in order that the new Court may be activated July 1, 1979. Quarters must be secured, personnel selected, and rules establishing jurisdiction and setting forth procedures in the new Court adopted. It is anticipated that the Board of Apportionment will conclude the establishment of the Court of Appeals Districts by the latter part of April or early May. Thereafter appointments to the new Judicial offices will be made by the Governor, quarters established, furniture purchased, installed, and personnel selected. Such a time table will allow no procrastination and it is hoped that the new Court, when activated, will conduct itself in a manner that will provide pride of accomplishment for the people of the State of Arkansas and those persons who sacrificed much time and effort in the task of bringing this body into being. ' "

l Govemor Bill Clinton signs into law Act 208 creating Court of Appeals. Standing L to R: Justice Conley Byrd, Neva Talley, Justice John Fogleman, Justice Frank Holt, Chief Justice Carleton Harris, Justice George Rose Smith, Justice John I. Purtle, Justice Darrell Hickman, Attorney General Steve Clark.

July 1979/Arkansas Lawyer/107


THE DEVELOPMENT OF THE LAW OF GAMBLING: ARKANSAS

1DB/Arkansas Lawyer/July 1979


describes those people who settled in the south-central part of the United States, on the west bank of the Mississippi River. In 1541, a party of Spaniards led by Hernando de Soto spent nearly a year exploring this area in search of gold. Discovering no mineral wealth, Spain lost interest in the area. The next European exploration did not come until more than a century later, when, in 1673, Marquette and Joliet descended the Mississippi River to the northern part of what is now Arkansas. Nine years later, La Salle claimed the entire Mississippi Valley for France, naming it Louisiana.

3 The French carried on missionary work and Indian trade until 1762, when France ceded its territory west of the Mississippi to Spain. In 1800, Spain secretly ceded the land back to France, but Spanish occupation continued until 1803, when the United States purchased Louisiana.

~4

Arkansas became a district of the Missouri Territory by an act of Congress in 1812. In 1819, however, it was made a separate territory. That sarne year the first newspaper in Arkansas, the Arkansas Gazette, published its first issue. Two years later, the capital was moved from Arkansas Post to Little Rock. By 1832, work on the erection of a court-house and a jail had begun, ' and the Sixth Session of the General Assembly had enacted legislation " ... to prevent the evil practice of gaming.'"

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~5 The first gambling law in 1829 declared all gambling contracts void, including loan agreements and other collateral contracts executed by parties who had knowledge that their dealings were connected to gambling. This provision specifically covered betting on a long list of events, but also reached " ... any wager whatsoever. "3

~6 The 1829 statute also included criminal sanctions. All persons were prohibited from exhibiting gaming tables' or betting on games and cards, ' with fines imposed upon conviction.' Penalties were also provided for owners and occupants ". . . of any

house, out-house, or other building..." that exhibited gaming tables.' Imprisonment could result if anyone convicted of such violations failed to pay the fine assessed by the court.â&#x20AC;˘ Keepers or exhibitors of the games drew further penalties because the law deemed them to be "vagrants." Justices of the peace were required, by warrant, " ... to order any gaming table to be seized and publicly burnt and destroyed.'" ~7 Other provisions were enacted to stimulate enforcement. Prosecuting attorneys were entitled to receive twenty dollars for every gambling conviction they could secure, this fee to be levied out of the estate of the convicted violator." By 1835, the Circuit Courts were given concurrent jurisdiction with the justices of the peace"... in all cases in which they (the justices) have jurisdiction of the offense of gaming...""

III. The Formative Era: 1837to 1900

~8 Settlement efforts in Arkansas advanced slowly. In this period, the eastern region of the area was little more than a vast swamp. Moreover, the national financial panic of 1837 hindered immigration and contributed to the collapse of Arkansas' two banks, which had been chartered to provide development capital. Thus, when Arkansas became the twentyfifth state in 1836, its population barely reached the 50,000 residents necessary for statehood.

A. Early Legislation: A Mixed Approach ~9 Legislative leaders in the early statehood period were concerned with the establishment of a viable financial foundation for Arkansas' government. This consideration may have been an important factor in the establishment of an 1845 act" which legalized the operation of billiard tables and ten-pin alleys upon payment of a twenty-five dollar fee to both the state and county treasurers. " Those refusing to pay the license fee could be convicted under a newly estab-

lished misdemeanor fining unlicensed operators. Such violators could still be penalized under the 1829 provisions, which prohibited betting at any game of billiards or ten-pins, or exhibiting such devices." ~ 1a This relaxation of gaming sanctions, however, did not bring about an attendant liberalization of antigambling prohibitions. In 1855, the legislature enacted a law which reiterated that anyone guilty of wagering any money, or any valuable thing, on any game of hazard or skill, would be subject to criminal prosecution, conviction, and fine." This law also declared that an indictment could withstand a motion to dismiss merely by alleging the offense, without stating with whom the game was played."

B. Civil War and Reconstruction ~11 The Civil War and Reconstruction badly damaged Arkansas' economy and caused greater dependence than ever on cotton as a cash crop. Lawlessness and disorder continued to be a serious problem in the state until after the turn olthe century. Numerous attempts were made to remedy this situation, but change came slowly. One federal judge, Isaac Parker, sitting at Fort Smith from 1875 to 1896, earned the title "hanging judge" because of the large number of murder convictions returned against train robbers and other fugitives in his jurisdiction. Gambling was also rampant in this period, and professional gamblers tended to be tough, ruthless characters.

~ 12 Perhaps the most famous gambler in this period was George Devol. A writer for the Cincinnati Esquire described Devol as " ... a terrible rough and tumble fighter ... George was a great 'butter.' He could use his head with terrible effect. He can kill any man living, white or black, by butting him."" For years, Devol feuded with a gang of ruffians known as the "Arkansas Killers," who dominated the towns of Helena and Napolean." Other gangs controlled large areas of the state, making enforcement of any state laws close to impossible."

July 1979/Arkansas Lawyer/l09


13 Legislative activity in the gambling field continued as new substantive penalties were enacted, a~hough their effect was questionable. An 1877 act made the exhibition of a keno device a misdemeanor, punishable by a two hundred dollar fine." Special recognition of what was thought to be gambling's pemicious affect on children culminated in an act of 1891 providing that: If any person of full age shall be guilty of betting any money or any valuable thing, on any game of hazard or skill, or any game of any kind with any minor, he shall on conviction be fined in any sum not less than fifty, nor more than one hundred dollars. 2Z

C. Defining Gambling: Skill and Risk ~14 The Arkansas Supreme Court case of Mace v. State," in 1893, offered the first judicial interpretation of the scope of the 1855 gambling statute." Involving a bet on a baseball game, the case clearly indicated that the prohibition reached wagers on games of both skill and chance. The court dismissed an argument that bet· ting on games of skill was not illegal by analogizing the effect of such activity to that of betting on cards. Places where any gambling occurs, the court observed:

... furnish a resort for the congregation of the idle, thoughtless, and vicious, where they may gratify that inclination and disposition to gamble which is said to be implanted in man's nature, and which is most difficult to bring within the restraint of the law. 2s The court then quoted Blackstone, who said that any form of gaming: ... is an offense of the most alarming nature, tending by necessary consequence to promote public idleness, theft and debauchery among those of a lower class; and among those of superior rank ~ hath frequently been attended with sudden ruin and desolation, and an abandoned prostitution of every principle of honor and virtue. ZI

15 The court also explained that the legislature's decision to phrase the 1855 law in general terms was purposeful. It was aimed at profes110/Arkansas Lawyer/July 1979

sional gamblers seeking to evade the law by creating new games which technically differed from those which were specifically prohibited." To support this position, the court cited a 1838 statute which instructed courts to construe gambling sanctions liberally so as to insure against such eva· sion. 28 16 Justice Battle, however, dissented in Mace. He noted that in an earlier case," the court had held that the 1855 statute did not apply to horse racing because it was a "sport" rather than a "game," within the meaning of that provision. It had found that the language of the statute required a bettor to have himself "played" the game involved in order to be convicted. Battle argued, then, by analogy, that Mace could not be convicted as baseball was also a "sport" and as one could no sooner "play" a baseball game than a horse race. Therefore, one could not be convicted under the statute for such a wager.

17 A second interpretation of the same law held that one could not be convicted under the statute unless one had risked something of value on the chance of gaining a reward. Thus, when a defendant proved that he had paid nothing for the checks used in a banking game, the court ordered his acquittal."

D. Gambling Contracts and the loser's Recovery

tion to the express order of the loser not to do so, he was legally liable to the loser for the amount of the wager." In any event, either bettor was allowed to revoke the stakeholder's authority to deliver money to the other party at any time before such delivery." (To be concluded in next issue.) Footnotes 1. E. Trover and W. Swindlers, ads., Chronology and Documentary Hanc:f.

book olthe SllIle 01 Arkansas, 8(1 972). 2. Act of November 10, 1829. II 1-13 (1 829) Ar1<. Acts 9-13. 3. Id. § 1. 4. Id. § 2. 5. Id. § 2

6. Id. II 3, 6. 7. Id. § 4. 8. Id. II 2, 3, 4, 6. 9. Id. I 5. 10. tel. § 10. The fine here was twenty·five dollars. 11. Act of October 23, 1835, II 1-3 (1835) Ark.

Acts 8-9.

12. Act of January 8, 1845, II 1-4 (1845) Ark. Acts 74 (superseded by Ark. Stal. Ann. I 84-2501 to -2533 [1960)). 13. Id. § 2. 14. Id, I 3. 15, Id. § 3, 16. Act of January 22, 1855. § 1-2 (1855) Ar1<. Acts 270 (codified in Ark. Stal. Ann. § 412012 to -2013). 17. 1d.§2. 18. Herbert Ashbury, Sucker's Progress,

244 (1969 ed.). 19. Id. at 245-46. 20. Id. at 246-47. 21. Act of March 10, 1877, no. 71. § 1 (1877) Ark. Acts 70 (codified in Ark. Stal. Ann. § 41-2018 [1964)). 22. Act of February 5, 1891, no. 6. § 1 (1891) Ark. Acts 5 (codified in Ark, Stal. Ann. § 41-1111 [1964)). 23. Mece v. SllIle, 58 Ar1<. 79, 22 S.w. 1108 (1893),

see note 10, supra. This was codified in Ar1<. Stal. Ann, § 41-2012 (1964). 25. see note 23, supra. 24.

18 With gambling contracts having already been declared void," legislation was enacted in 183733 to protect losers and innocent third parties by allowing them to recover lost property in court. A loser, or his heirs, executors, administrators or creditors, could recover money or valuables lost at gambling if the action was commenced within ninety days of delivery." No action, however, could be maintained against a third party to whom the winner had sold the disputed property." ~ 19 A stakeholder who delivered the stake to the winner upon culmination of the obligation determining event was protected from liability under this statute. However, where the stakeholder delivered in opposi·

26, Id. at 82, 22 S.W. at 1108 27. Id. at 83, 22 S.w. al 1109. 28. Revised Statutes of 1838, ch. 44, div. 6, Art. 3, § 13 (1968) (codified in Art. Stal. Ann. § 41-2017 [1964)). 29, SllIle v. Rorie, 23 Ar1<. 726 (1861). In Fox v. Harrison, 28 Ark. 1189, 13 S.w. 2d 808 (1929), Rorie was in effect overruled, the court holding that legislative action had made horse racing illegal per ... 30. see notes 16 and 17, supra.

31. Fegan v. Slllle, 21 Ark. 390 (1860). 32. See note 2, supra. 33. Ark. Rev. Stat., ch. 68, § 1-8 (1837) (codified in Ark. Stal. Ann. 1134-1801 10 -1808 [1962]). 34. Id. §I 1 and 2, Ar1<. Stat. Ann. §§ 34-1601, 1602. These two sections were made

inapplicable to turl races by Id. t 3, Ar1<. Stat. Ann. § 34-1603. 35. Id. I 4, Ark. Stal. Ann. § 34-1604. 36. .lellrey v. Ficklin, 3 Ar1<. 227 (1841). 37, SIcard v. Williams, 181 Ar1<. t 147. 29 S.w.2d 673 (1930).

I-...


ARKANSAS BAR fOUNDA rlON by Marvin L. Kieffer Chairman

THE ANATOMY OF FOUNDATION FINANCES

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About twenty years ago, leaders of the Arkansas Bar Association and Arkansas Bar Foundation had vision for the future. Bar members formed into teams and went out to solicit contributions to purchase the property where the Law Center is now located. A bUilding was iocated on the property, which for some years, was used as offices for the Bar Association and the Foundation. The Bar Foundation was organized to promote educational, literary, scientific and charitable purposes, and to work with and support the Bar Association, in carrying out these activities. To carry out its purposes, the Foundation was authorized to hold, manage, and use any real or personal property acquired by bequest, devise, gift, grant, purchase, or otherwise. The Foundation was a natural agency to hold, develop, and manage property in support of its purposes. Therefore, it became owner of the Bar Center property, which is used by the Bar Association, the Pulaski County Law Library, and the University of Arkansas Little Rock Law School. The Bar Association, Foundation, and Pulaski County Law Library leadership all worked together in planning and developing the Law Center to fit the needs of all three organizations and the Law School. The Law Center was set up on a self-sustaining basis, with long term debt to be liquidated by rentals. This placed substantial responsibility on the Foundation, and the Foundation had no reserve of funds to further its purposes. The Fellowship program was started by the Foundation in the early 1970's to help raise funds for the Foundation. Again, Bar and Foundation leaders went out in a fund raising campaign to raise funds from the Bar members. Funds raised through the Fellowship program and other gifts and contributions have not gone into operations of the Foundation, but are treated as trust funds, managed and administered by a twelve member Trust Committee, with the assistance of an Investments Committee. Considerable effort has been made to accumulate and preserve the trust funds to provide perpetual funds from income to carry out the purposes of the Foundation. Scholarship funds have become a significant part of the trust funds. Trust funds of the Foundation at the end of February, 1979, amounted to $309,696.68, including $52,500.81 in scholarship funds. This is a substantial amount of funds; but, when the financiai situation of the Foundation is analysed, the financial ability of the Foundation to accomplish its purposes is

not as great as appears on the surface for several reasons. Most of the contributions pledged in connection with the fund drive and Fellowship program, in the early 1970's, have been paid in, and such contributions have dwindled to a trickle of funds, so that the trust fund is beginning to stabilize. The income from scholarship funds is committed to annual scholarships. This leaves only the income from other trust funds to carry out Foundation programs. Until last year, it was a close situation for the Foundation to come up with enough income to fund a minimum of activities, like public education and Law Review awards to the Law Schools. Since the trust funds, other than scholarship funds, seem to be reaching a limit, it would be easy to place emphasis on generating more income with the funds the Foundation has; but, with the present economic situation being what it is, and the Foundation, consistent with its obligation to preserve contributions to trust funds, cannot in good faith use the alternatives that individuals or other organizations might use, such as speculating in the stock or commodities markets, or buying gold or silver, to try to protect its trust funds, from the ravages of inflation or depressions. Therefore, the Foundation must place emphasis on preserving the trust funds through investments in things like U.S. Government guaranteed Treasury Bills or Notes. Even through these, investments might, in some instances, produce some less income than other nongovernment guaranteed investments. The Foundation is fortunate to be in a position to manage its own investment of funds. The Trust and Investment Advisory Committees of the Foundation, with the assistance of the Foundation's executive secretary, have done an outstanding job in managing and investing Foundation trust funds. Funds to cover operating expenses of the Foundation have come out of rents paid by the Bar Association for the use of the Bar Center. And, as a result, the Foundation has been on a tight operating budget. But, based on an increased rental, effective, January 1, 1979, under terms of the lease agreement, the Foundation will have more leeway in budgeting its operating expenses. It appears that the Foundation has, through a lot of cooperation, and a lot of Bar members and other people working together reached a financial position where it will have funds to more effectively carry out its purposes, in the future. ~ July 1979/Arkansas Lawyer/111


In jflemoriam The recompense of e men's hends shell be rendered unto him. Proverbs 12:14

JEFF DAVIS Jeff Davis, 83, of EI Dorado, died March 10, 1979. A 1922 graduate of Harvard Law School, Mr. Davis served for most of his career as general counsel, secretary, and director for Lion 011 Company, and after its merger with Monsanto Chemical, as general attomey and vice president of the Lion Oil Division until his retirement in 1961. An artillery captain during World War II, he was a former trustee of the B0oneville Sanitorium. Mr. Davis also served on the Arkansas Water Commission, and on the Arkansas Supreme Court's Bar Rules Committee. The Arkansas Bar Association named him the state's Outstanding Lawyer of the Year in 1965, and the following year he received the University of Arkansas' Distinguished Alumnus award. Mr. Davis was a member of the American Petroleum Institute, the Union County and American Bar Associations, and the American College of Trial Lawyers. Survivors include his wife, Mrs. Hautine Hay Davis; a son, Jeff Davis, Jr.; a daughter, Mrs. Diane Davis West; a sister, Mrs. Janie D. Tucker; and three grandchildren.

BOBBY STEEL Bobby Steel, 59, of Nashville, died January 28, 1979. A graduate of George Washington, University School of Law, Mr. Steel was admitted to the bar in 1946 and entered private practica in Nashville. He served in the state House of Representatives in 1946 and 1947 and in 1948, was elected prosecuting attorney for the Ninth District where he served until his election as Circuit Judge four years later. He retired from the bench January 1, 1979, after 24 112/Arkansas Lawyer/July 1979

years of service. Judge Steel served as chairman of the State Criminal Code Revision Commission several years ago, and was a past president of the Arkansas Judicial Council. He was Chairman of the Board of Citizen's State Bank at Nashville, a Board member of the Nashville Federal SaVings and Loan Association, a past president of the Nashville Chamber of Commerce, charter presIdent of the Nashville Chamber of Commerce, charter president of the Nashville Lions Club, and served on the Nashville School Board. A World War II veteran, Judge S1eel was a Board member of the Nashville Country Club, and a member of First United Methodist Church. Survivors include his wife, Mrs. Daisy Ball Steel; a son, Jim Bob S1eel; a daughter, Mrs. Betty Fletcher; his mother, Mrs. Bird G. Steel; two brothers, Don and George Steel, Sr.; and three grandchildren.

WILLIAM W. SHEPHERD William Walden Shepherd, 88, of Little Rock, died February 12, 1979. A 1915 graduate of the University of Arkansas School of Law, Mr. Shepherd served as chief deputy prosecuting attomey and then as little Rock Municipal Judge in 1920 and 1921. A member of the Arkansas Bar Association, he was a former law instructor at the old Arkansas Law School in Little Rock. Mr. Shepherd was a charter and lite member of the Trinity Masonic Lodge 694, a Scottish Rite Mason, a member of the Scimitar Shrine Temple, the Royal Arch Masons, the Royal Free Masons, and Hugh de Payens Commendery 1 of the Knights Temple. Mr. Shepherd is survived by a daughter, Mrs. Charlotte Bakker, and three grandchildren.

CHARLEY CLIFTON EDDY Charley Clifton Eddy, 87, of Morrilton, died March 25, 1979. A retired lawyer, Mr. Eddy served in the Arkansas legislature in 1933 and 1937. He was a Mason and a member of the Order of the Eastem Star. Mr. Eddy belonged to the Downtown Church of Christ. Survivors include his wife, Mrs. Mildred Henry Eddy; three sons, Circuit Judge Charles H. Eddy, John Newton Eddy, and Kermit Eddy; a daughter, Mrs. Nell Lee; a brother, Garland Eddy; four sisters, Mrs. Johnie Broach, Mrs. Emma Lee Beaty, Mrs. Lena Maude Hollman, and Mrs. Eleanor Grabher; 10 grandchildren, and 1 great grandchild. DWIGHT L BICKFORD Dwight L. Bickford, 52, of San Bruno, califomia, died November 1. 1978. Admitted to the bar in 1950, Mr. Bickford had been a member of the Arkansas Bar Association since 1972. He was a Navy veteran of World War II, and served as a claims attomey for Commercial Claims Insurance Company. Survivors include his wife, Mrs. Lena L. Bickford; a son, S1even E. Bickford; a daughter, Alyce U. carvantes; his mother, Naomi Bickford; five brothers, C. E. Bickford, Charles Bickford, Donald Bickford, Robert Bickford, and Malcolm Bickford two sisters, Rosemary Lowry and V. Virginia Lauderdale; two grandchildren; and several nieces and nephews. WALLACE TOWNSEND Wallace Townsend, 96, of Utile Rock, died January 7,1979. Mr. Townsend graduated from the University of Arkansas School of Law


night school branch in Little Rock in 1906, and entered private practice in 1910, retiring in 1974. A Republican candidate for governor in 1916 and 1920, he served as state GOP Chairman and national committeeman from 1928 through 1960, and was nicknamed "Mr. Republican of Arkansas BY GOP workers. Survivors include his wife, Mrs. Flay Smith Plunkett Townsend; two daughters, Mrs. Rowland and Mrs. Jack Trotter, Sr.; six grandchildren, and two great grandchildren.

WIlliAM C. GIBSON

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William Claude Gibson, 72, of Stuttgart, died March 8, 1979. A graduate of Cumberland University School of Law, he was admitted to the bar in 1930, where he entered private practice at Sluttgart. Mr. Gibson served as city attorney from 1938 to 1948 and as Arkansas County deputy prosecuting attorney during this same period. He was a former secretary and director of Sluttgart Realty Co., Inc.; former vice president and director the National, World, and International Duck Calling Contest, Inc.; and former president of the Grand Prairie Bar Association. Mr. Gibson was a member of the Arkansas and American Bar Associations, the American Judicature Association, the Arkansas County Farm Bureau, and the Stuttgart Chamber of Commerce. He also was a member of Lambda Chi Alpha Social fratemity and Kappa Epsilon Phi legal fraternity. Mr. Gibson was a 32nd degree Mason, a Shriner, and a member of the National Society of the Sons of the American Revolution. listed in "Who's Who in the South and S0uthwest," he was a director of the Grand Prairie War Memorial Association, a Charter member of Stuttgart Country Club, and a member and former Board Chairman of First Christian Church. Survivors include his wife, Mrs. Mary Frances McCuskey Gibson, and a daughter, Miss Marilyn Jean

Gibson.

EDWARD LESTER Edward Lester, 57, of Little Rock, died April 6, 1979. After serving as a Navy Lieutenant lor three years in World War II, Mr. Lester graduated summa cum laude from the University of Arkansas School of law in 1959, and entered private practice. He served in the

state House of Representetives from 1949-51, and later served as treasurer of the State Democratic Party. A co-chairmanofSTOP, Mr. Laster was a leader of the 1959 effort to reopen Little Rock public schools. He was a founding member of the Little Rock Committee on Foreign Relations, former Board Chairman of St. Paul's United Methodist Church, and former alumni association president and chairman of the Board of Trustees at Hendrix College, which awarded him an honorary doctor of human letters degree in 1976. Mr. Lester served and co-chairman of Dale Bumpers successful Senate race in 1974 and was vice chairman of Dale Bumpers successful Senate race in 1974 and was vice chairman of the Arkansas Turnpike Authority in the late 19605. Listed in "Who's Who in America" since 1966, he was a member of the American Judicature Society and the Pulaski County, Arkansas, and American Bar Associations. Mr. laster was president of the Arkansas Law Review, Inc., and the Arkansas Conference of Local Bar Associations. He was chairman of the Junior Bar Association in 1951-53, president of the Arkansas Bar Foundation in 1972-74, and served four consecutive terms on the Arkansas Bar Association, executive committee. A scholarship was established at the University of Arkansas School of Law by the Arkansas Bar Association in honor of the work he and Henry Woods did in establishing the center. Mr. Laster was a member and former president of Pleasant Valley Country Club. Survivors include his wife, Mrs. Mary Evelyn Markham Laster; two sons, Dr. Jim Laster and Mark Laster; his mother, Mrs. Mary White Lester; and three grandchildren.

Methodist Church of Little Rock and had served on its Board for more than 30 years. He was a 32d-degree Mason; member of the ApeIa Club, the Pulaski County, Arkansas and American Bar Associations. He had served as president of the Pulaski County Bar Association. He was also a member of the American College of Trial Lawyers and the Intemational Association of Insurance Counsel. He was a Greek and Latin scholar and had served for 50 years in the state Republican Party having served as a delegate to the national Party's presidential nominating conventions many times. Survivors include his son, Vincent Horton Barber; two daughters, Mrs. Deane L. Sadler and Miss Martha Barber; six grandchildren; and three great-grandchildren. GENE BAlM

Gene Baim, 70, of Pine Bluff, died March 13, 1979. A 1933 graduate of the University of Missouri Law School at Columbia, Mr. Balm practiced law at Kansas City before retuming to Pine Bluff in 1936. He was the principle member of the law firm Baim, Baim, Gunti, Mouser & Bryant. He had served as chancellor for the First Division of the Jefferson County Chancery Court and as circuit judge for the Second Division of the Jefferson County Circuit Court. He was a member of the Temple Anshe Emath and the Jefferson County and Arkansas Bar Associations. Survivors include his wife, Gusts Barth Baim; a son, Kenneth B. Baim; a daughter, Joan Baim Blach; a brother, Bennie Baim; a sister, Mrs. M. G. Sonnenschein; and six grandchildren.

A.L BARBER Azro Lucien Barber, 94, of Little Rock, died April 15, 1979. A native of Syracuse, New York and a cum laude graduate of Syracuse University, he received his law degree from George Washington University. He practiced law in Conway for six years before moving to Little Rock and founded the law firm of Barber, McCaskill, Amsler, Jones & Hale. Mr. Barber served for over 25 years on the Board of the Arkansas Children's Hospital and had served as its chairman for seven years. He was a member of the First United

EDWARD LESTER SCHOLARSHIP Colleagues may wish to remember Ed Lester for his leadership of the Arkansas Bar Foundation by making a contribution to the Foundation's Edward Lester Scholarship Fund.

July 1979/Arkansas Lawyer/113


There may be an angry client on your trail!

I

You never know when a client will threaten you with a lawsuit ... and be hot on your trail to collect. In view of the growing number of claims and the dollar amounts paid in settlement, the time may come when the only practicing attorney will be a well-protected attorney. No lawyer, working alone or as part ofa team, is immune from a lawsuit. CNA and the Arkansas Bar Association have worked together to come up with a comprehensive program of professional liability insurance for its members that helps protect both your financial and professional future. First, it helps to minimize the causes of liability suits through loss prevention programs. Then, it provides financial protection to help guard you against professional and business liability with a maximum of $100,000 per claim ($300,000 annually) after a deductible. Think you need more? Supplemental protection of$l,ooo,Ooo for business and professional coverage and $1,000,000 for personal liability is also available. Your professional survival may depend on adequate insurance protection. Find out more about your Arkansas Bar

114/Arkansas Lawyer/July 1979

Association sponsored Comprehensive Lawyers Professional and Business Liability Plan, including the exclusions, any reductions or limitations and the terms under which the policy may be continued in force. Just send the coupon below to the administrator: Rather, Beyer &, Harper.

,---------------------1 I I I I I

Please send me information for the Arkansas Bar Asso路 dation sponsored Lawyers Professional and Business Liability Insurance. Send to:

I I

Arkansas Bar Association Administrator Rather. Beyer & Harper Suite 362, Prospect Building, t50t North University, Little Rock, Arkansas 72207. Or call (501) 664-8791.

I I I I I I I I I I I I I I

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Editor's Comment: AEGIS is a feature of the Arkansas Bar Association's educational program concerning docket control and other areas of high risk experience in professional liability cases,

SAFEGUARDING YOUR PROFESSIONAL FUTURE

The Swiftest Horse Cannot OvertakeTime... the problem

An attorney represented a professional dance instructor who had received neck and back injuries in an automobile accident. It was a case of absolute liability and the other driver's insurance company promptly paid for the damage done to the dancer's car, The attorney planned to seek separate reparation for the personal injuries and loss of income sustained when all the physician's statements and medical bilis were available. Through a clerical error, the file went "off diary" and the attorney never received foliow-up notification. By the time this error was discovered, the statute had run. The attorney then submitted a copy of the Specials and Complaint to the insurance company in an attempt to settle the claim before the running of the statute was detected. His action was unsuccessful and the claim was denied.

the result

The client brought suit against the attorney for his failure to file the complaint within the statutory period. Since the liability in the underlying action was clear cut, the attorney was clearly liable for any damages his client would have received. A settlement was made with the client through the attorney's professional liability insurance carrier.

advice

Even the best diary system is only as good as those who manage it. Those given this responsibility should be thoroughly trained and supervised. Every law office should also have a "back-up" system as a cross check. As an added measure, it's a good idea to conduct a periodic review of all files to assure that none have been overlooked.

July 1979jArkansas Lawyerj115


ARKANSAS BAR ASSOCIATION 81 st ANNUAL MEETING July 1979

"HANDLING MAJOR LITIGATION"

Arkansas Lawyer

JAMES E. HULLVERSON

S. SHEPHERD TATE

Trill Specllilit

...S.... Pruldent

JOHN J. THOMASON

SALLY PALMER THOMASON

CtIIIlnn.", ,leA GPS

ST£VE CLARI( "'~.nul'

"ttorney-Genetl'

WAVNE BOYCE

....aoc:J.llon P,..lden!

51 .....1....

"COPING WITH STRESS"

JUNE 6-8, 1979 ARLINGTON HOTEL HOT SPRINGS, ARKANSAS

_

....J.ii....-----'-..;;..

JOHN C. SHEPHERD

TOM H. CAVIS

Trial TKllclln

Aviation LAw Expert

J. C. DEACON ChIJrm~.

Annual Meeting


815t ANNUAL MEETING HIGHLIGHTS Pursuant to the 1977 Membership Survey, the program for the 81st Annual Meeting of the Arkansas Bar Association has been further streamlined. Association President Wayne Boyce and Annual Meeting Chairman Jack Deacon have made an especial effort not only to comply with the members' expressed wishes, but also to maintain the high standards of the program offerings. They have come up with a program, which is wellbalanced, professionally and socially. In addition, they have scheduled a session of mutual interest to the lawyers and their spouses-to the end that the couples will want to attend together. Some of the program highlights will be: ( 1) The President's Reception in honor of Wayne and Phyllis Boyce will start the program off on Wednesday evening, June 6th, and will provide a convivial beginning for the Annual Meeting. (Webster's Dictionaryconvivial, adj. Of, characterized by, or given to eating and drinking in jovial fellowship; jovial; festive; gay.) ( 2) Three nationally renown lawyers head up the technical program on major litigation. ( 3) The best known "legal" couple in the United States will advise lawyers and their spouses on how to cope with stress. The program will be held on Friday morning, June 8th, and should be attended by all. "Do Clashes in the Courtroom Cause Clashes in the Bedroom?" ( 4) American Bar Association President S. Shepherd Tate of Memphis will be the Annual Meeting's "Keynote Speaker" althe Thursday Luncheon, June 6th. Too infrequently are lawyers given the opportunity to hear the national problems confronting the Law and Lawyers discussed. Mr. Tate is in the best possible position to review these matters for the Arkansas lawyer. Interestingly, Mr. Tate has been identified as our Edward L. Wright's successor-as Chairman of the ABA's Standing Committee on Professional Discipline (1973-79). ( 5) Only one speaker is scheduled for Thursday afternoon-leaving the "afternoon free" for tne most part. ( 6) Perhaps the most notable change in format is the moving of the Annual Banquet to Friday evening, as the fitting climax to the Annual Meeting. There will be no speakers. The major awards (Outstanding Lawyer and Outstanding Lawyer-Citizen) will be presented. Then, the Levee Singers, the incomparable musical group from Dallas, will "bring down the curtain." ( 7) The President-Elect's Reception, honoring Harley and Mary Lou Cox, will precede the Annual Banquet on Friday evening, 6:00-7:00 p.m. What a great tandem-lhe President-Elect's Reception followed by the Annual Banquet

( 8) The major private parties will be held in the Tower Suites of the Arlington Hotel from about 4:30 p.m.-7:oo p.m., Thursday. ( 9) The Annual Dance will start at 9:00 p.m., Thursday evening, featuring the "uncommonly good" music of The Common Good. This fine musical aggregation has been a feature of the Association's Annual Meeting since Mr. Deacon introduced them in 1971. To keep 99% of attendees delighted with the music is no mean feat. Disco - -! (10) Note thatThursday evening has no dinner function. This will give the members the opportunity to "go on the town". The Membership Survey clearly established that this was one of the main wishes of our members. (11) The Ladies' Program will be the most informative ever, and the best bargain too. On Thursday morning, Mrs. Peg Smith will chair a program with a number of recipe contributors to the "Little Rock Cooks" cookbook as panelists. Included in the wives' registration fee of $12 is a copy of "Little Rock Cooks" (a $6.50 value) and a ticket to the Ladies' Luncheon on Friday (a $7.50 value). At the luncheon, Arkansas Attorney General Steve Clark will be the speaker on "Criminal Law Education for Schools of Arkansas". This should be a topic of great concern for the ladies and their husbands, who will need guest luncheon tickets ($7.50). (12) The single, most important schedule change has been the moving of the House of Delegates' Annual Meeting to Friday afternoon, June 8th. This will follow the Ladies' Luncheon, and will give all attendees the chance to sit in on the meeting and observe their representatives in action. If one has not attended a House of Delegates' meeting, this will be the grand opportunity. All will be impressed with their Association's governing body in action. (13) Sports-tennis and golf, anyone? See the Annual Meeting printed program for details and sign up with those running the tournaments. In the Membership Survey, sports programs were high on the list of desired events. Tennis-both women's and men's-is flourishing. Golf has had the "yips"-it is time for all golfers to come to the aid of their game, and sign up for the Wednesday, June 6th, tourney. (14) Many other "Bar" groups will be holding meetings during the 81 st Annual Meeting, to include the Arkansas Bar Foundation, the Arkansas Law Review Board, and the UALR Law SChool Alumni. The Association's Committees and Sections will also be meeting (Meeting Schedule for details). Of Special note is the Young Lawyers' Section meeting on Thursday afternoon, following the technical session. (15) In any attempt to publish "highlights", how does one point up the fellowship at an Annual Meeting. Our out-of-state Bar guests have frequently commented on the obvious goodwill among our membership. The latch is out!


INTERVIEWING THE CLIENT By E. Robert (Bob) Wallach (EDITOR'S NOTE: In the April 1978 issue of The Arkansas Lawyer, we ran "The Initial Interview" by E. Robert (Bob) Walloch. In his article, Bob Wallach refers to "What Do We Cover In the Interview Itseff?"-en outline for interviewing the client. Herewith is the outline in detail.)

I.

Purpose of the Interview A. To Establish a Good Relationship Unlike most litigation, the client is seldom seen in person during the course of an average personal injury case. Most attorneys never get to know their clients and their idiosyncrasies until they are preparing for trial and are required to delve deeply into the client and the injuries. Since most cases settle, it follows that most attorneys never get to know their clients at all. B. To Tie Down the Details of the Accident and the Injury The client is most honestly expressive immediately following the accident. A good interview is essential because it gives the attorney a base from which to properly and accurately refresh the client's recollection when it comes to pre-deposition preparation or preparation for trial. II. Atmosphere of the First Interview A. Who is Going to Direct the Course of the Lawsuit Perhaps the single most common problem in the prosecution of a personal injury case is "client controL" The first interview must emphasize the attorney's guidance and control of the case. B. Establishing Objective Concem for the Client The first interview is also an extremely important and valuable opportunity for the lawyer to indicate a real but objective concern for the client and the problems which have resulted from the accident. III. The Mechanics of the Interview A. The Attomey and Client should meet in Privacy Members of the family are usually in attendance and may influence the recitation of facts and injuries. B. The methods of taking dictation should meet the lawyer's preference but in choosing between having a secretary present or transcription device at the time of the interview, the more preferable procedure seems to be the taking of notes by the attorney or the request that the client fill out a prepared interview form so long as it does not serve as a substitute for the lengthy interview. IV. Preparation for the First Interview A. Use an initial phone conversation to obtain some information that will permit the attorney to speak reasonably intelligently at the time of the interview. B. The cardinal rule is that the attorney should try to know and remember as much about his client as is 118/Arkansas Lawyer/July 1979

possible at the time of the first interview before it begins. V. The Interview "self A. Obtain personal background information. a. The client's full name and any other means by which he has been known. b. His spouse's full name, maiden name. c. His age, his birth date and where he was born (for driver's license information). Social Security number. d. Any and all prior marriages, their duration and the reason for their termination. e. If there are any divorces in his background, where the divorce was filed, the attorneys handling and the grounds for the divorce. f. The names, ages, birth dates of the client's children and the schools they have attended. g. His present address and past addresses covering at least five years prior to the accident. h. The educational level attained by the plaintiff and his spouse. I. Any and all military service, including serial number, type of discharge, and if a medical discharge, the name of any and all hospitals in which the plaintiff was confined while in the service (all such records can be obtained from the Record Center in St. Louis). j. Any other type of job training that the client has had, including names of teachers and supervisors. k. Present employment. (1) The name of the supervisor or foreman. (2) Union membership, including the local number and name of the business agent. (Obtain a copy of the collective bargaining agreement for wage rates.) (3) The rate of pay, the rate of annual increases, fringe benefits, pension plans, hospitalization benefits, stock options, etc. (4) A detailed description of the type of work, with a complete description of the physical requirements involved in the work. (5) Names, addresses and home phone numbers of fellow workers who can testify concerning the type of job and the plaintiff's ability to do the job; preferably not close social friends. (6) The length of time that the plaintiff has been at the job, the promotion he has received, and the openings which are available to him. I. All previous employments, including length of time at the job, type of work done, supervisor, rate of pay and the reason that the job was terminated. m. The spouse's employment record should be obtained also. n. All income tax returns for at least five years prior to the accident should be obtained; the name of the accountant who prepared them will often permit an easy source of the records (if they are not available, authorization should be prepared for the Department of Internal Revenue and the returns requested - note that it usually takes approximately six months to obtain such records).


Any criminal record of the client or spouse should be gone into even beyond the ievel of felonies, B, Prior Injuries, Lawsuits or Claims a, It is imperative that the attorney explain to the client in detail that all prior injuries must be remembered and discussed, The failure to disclose prior injuries, lawsuits or claims of injuries is the single most disastrous event in the course of the trial of a plaintiff's action, b, Ask whether any insurance company money has been received in the past for any reason, c, Ask about any previous accidents, Consider obtaining medical records before the plaintiff's deposition to confirm what the client has told you, C, The Client's Prior Health Get the client's prior health (not just accident) in detail. D, Obtaining the Information of the Accident Itself a, Get the client's activities for the entire day of the accident The client will never be able to remember these things accurately at the time of his deposition or at time of trial and your notes will be the best source of information, b, Concentrate on the last seconds or minutes before the accident in getting everything in detail including movement within the vehicle itself as well as the movement of the vehicles involved or other mechanisms of the accident c, Discuss the accident itself in detail. The guiding principle is that no detail is too minor to be related and recorded, Remember to get the events immediately following the accident including who were the first people to arrive, how long did it take the police to come, who called the police and other emergency equipment, whether any photographs were taken at the scene and by whom, the physical position of the vehicles, skid marks, debris, etc" names and addresses of witnesses or descriptions of areas of the neighborhood from which people came and of the people themselves if their names are not known, Try to obtain medical records from emergency hospitals and find out where the vehicles were taken for the purpose of photographing damage, if that is applicable, E, The Injury Itself First get the immediate signs of injury and when they first appeared and make the client be specific, not just say "I hurt all over." Explain that the attorney may permanently jeopardize his client's case by failing to allege in his complaint an area of the body which eventually shows injury and which may even become the most important injury but did not seem important initially, The causal relationship between accident and injury is very often influenced by when the client received medical attention for the particular injury involved, The continuity of medical treatment since the accident must be developed in detail. Try and obtain an individual history of each complaint of injury to each part of the body, F. Insurance Determine the extent of coverage: both your client's 0,

(medical as well as liability) and the opposing parties, The client must be helped by advising him of his rights to collect medical coverage in an attempt to minimize the economic impact of the accident and injury, Determining the defendant's coverage is obviously important in the initial stage in order to determine just how much expenditure of time and money is warranted by the case itself. VI. Signing the Contract of Employment and Authorizations Contracts should be printed rather than typed up on the spur of the moment and never handwritten, initialled and signed by both attorney and client A special contract for a minor indicating that the fee will be determined by the court but setting out the general percentage limits should be separately maintained, Costs should be explained to the client so they understand the difference between legal costs and personal costs including medical bills and just what is deductible before a fee is calculated, The client should be given a copy of the contract for his own files, Obtain SUfficient authorizations to obtain all medical and wage loss information without having to constantly go back to the client for more, VII. Explaining the Procedure of the Typical Personal Injury Claim Explain the procedure and mechanics that the file will take so that the client understands at the beginning just what delays and intricacies will be involved, Take a realistic appraisal of the probable time required to settle or close the file, Explain to the client the necessity to file a complaint and how promptly it can be done, Explain the purpose of discovery and depositions and defendant's right to a medical examination, Instruct the client to maintain a central file for bills, wage figures and correspondence so that everything will be readily accessible when needed, Explain to the client that the possibility of surveillance always exists and that everything about the litigation wouid be kept confidential. Explain to the client that a vengeful or vindictive attitude does not help the lawsuit VilLA General Discussion of the Law Applicable to the Action is Generally Advisable Discuss the law applicable to the action with the clients so that they have an understanding of the legal problems involved as well as an appreciation of your knowledge of those problems, Along with this, a discussion of the non-legal considerations that may be involved in the case should also be discussed, It is even desirable to point out to the client that very few personal injury cases return in a monetary sum adequate compensation for the true injury and inconvenience suffered, IX, Future Contact Between the Client and Attorney Keep up a relationship of contact with the client through letters, phone calls, so he does not feel forgotten,

f.-

July 1979/Arkansas Lawyer/119


CONTEXT By W. Christopher Barrier Chairman, Public Education Committee Arkansas Bar Foundation

YOUNG LAWYERS TO SERVE THE ELDERLY For a number of years. the Young Lawyers Section of the Arkansas Bar Association has looked for meaningful public service projects (the essence of good public relations) for its members. Young Lawyers have assisted flood and storm victims. primarily in processing claims for government benefits. An attempt was made to start an outreach program dealing with newly released prisoners, to assist in re-integrating them into society. but without any real success. (This program may simply have been ahead of its time. as a comprehensive program of this sort. dealing primarily with job placement. is now being operated out of the State Department of Public Safety.) Then last year, the Public Education Committee and the Public Information Committee of the Association began talking about potential projects, among them mechanisms for improving the delivery of legal services to the elderly. Contact was made with the Young Lawyers Section. as a possible source of manpower. The Young Lawyers Section picked up the idea and ran with it. It is now deep into the planning stages of a cooperative program involving YLS/ABA. the Arkansas Attorney General's office and the UALR Law School. Their potential constituency is substantial. One out of every eight Arkansans is above the age of 65. Only Florida has a higher percentage of elderly residents than does Arkansas.

120/Arkansas Lawyer/July 1979

Elderly have special needs... According to project chairman Gary Barket of Little Rock. these elderly citizens frequently lack an awareness of their rights and are reluctant to assert them publicly. particularly when it pits them against a government agency. They may never have used a lawyer and, on their limited incomes. they may be feartul of possible high charges. Pension and government benefits may disqualify them for free legal services. while not providing them enough funds for ready access to traditional legal services. As a consequence. says Barket. elderly citizens frequently are unable to take advantage of the benefits available to them and become lost in the bureaucratic maze. They are vulnerable also to unscrupulous operators who prey on their special needs for health care. physical protection and security.

Thirteen needs identified... The three cooperating entities identified thirteen areas. some interrelated, wherein the elderly are commonly in need of legal assistance: 1) to assist with confusing, intricate. and rapidly changing bureaucratic rules and regulations; 2) to establish eligibility for Social Security and Medicare. appeal denials of reimbursement. or defend against recoupment or termination of benefits because of computer or human error; 3) to advise about pensions or insurance; 4) to assist in combatting age discrimination in employment, credit or housing; 5) to assist in preparing a will; 6) to assist in selling home; 7) to assist to secure guardians or to challenge unwanted guardianships or commitment proceedings; B) to protect against prescription drugs and health quackery; 9) to deal with special problems of nursing homes and institutionalized elderly; 10) to deal with Veterans Administration and retirement systems; 11) to assist with reference to mental health and nutrition; 12) to assist with consumer problems, especially unfair sales tactics and deceptive schemes; 13) to advise on property relief. landlord-tenant problems and nursing home problems.


Solutions sought. .. To meet these needs, a number of mechanisms are being explored. Attorney General Steve Clark hopes to establish in his office a division similar to the Consumer Protection Division, aimed at the problems of the elderly. His office has received a $29,000.00 grant from the Arkansas Crime Commission, as part of the overall program, to provide an incoming WATS line or "hot line", with back-up personnel, so that elderly persons may get instant information and assistance, primarily with reference to criminal activities, such as consumer fraud. The UALR Law School will provide the necessary administrative services for the planning phase of the program. (A Title I higher education grant is in the works to defray costs.) Advice is being sought from the Junior Bar of Texas, which operates a similar program. The Pulaski County Council on Aging, Inc. has and will also provide advice, particularly with reference to identification of the problems of the elderly and will also act as a conduit or liaison between the program and elderly citizens. The program will not, however, be limited to Pulaski County. The Young Lawyers Section has a district chairman in each congressional district, as follows: First, Barry Deacon, Jonesboro; Second, Don Curdie, Little Rock; Third, Michael H. Mashburn, Fayetteville; Fourth, David Young III, Pine Bluff. Referral listing compiled... The program will also attempt to establish a referral listing of lawyers willing to handle legal problems of the elderly client on a pro bono basis, with the primary responsibility in this regard falling on the district chairmen. Handbook drafted... The program also expects to develop a handbook for use by these lawyers dealing with legal problems commonly encountered by the elderly. The manual will, for

A1t

S

example, contain detailed information on social security benefits and medicare. The idea is to make rendition of the services quick and easy for the lawyer and also raise the quality of the services. Advertising and access needed... According to Barket, the principal ingredients needed beyond the hot line, the referral list and the handbook are "advertising and access-means for connecting the lawyers with the people who need them." Barket hopes to develop public service announcements for radio and television keyed to the referral service and the hot line. Sam Highsmith of Batesville, Chairman of the Public Information Committee, is also seeking to develop a regularly scheduled Bar-related public affairs program, a regular feature of which would be advice to the elderly. Lawyers also benefit. . . Despite the basically altruistic motivation which started the project, the program may also have some real economic benefits for the participating pro bono lawyers. Rendition of the services may bring the family of the elderly person into contact with a lawyer for the first time. In this way, the program may serve to help dispel some preconceived notions and reservations about lawyers, and may persuade these family members to seek assistance for their own unmet legal needs. Then, too, such a program may serve to provide some recognition and assistance to lawyers, principally in rural areas, who for years have been rendering legal services for free or at reduced rates for their elderly neighbors without the assistance that can be rendered by devices such as the hot line and the handbook. Lawyers interested in the program should contact Gary Barket; this year's YLS Chairman Rick Beard of Pine Bluff; in-coming Chairman Russ Meeks of Little Rock; or the District Chairman in their area.

f.-

ARKANSAS BAR ASSOCIATION ARKANSAS INSTITUTE OF CONTINUING LEGAL EDUCATION

Annual Meeting Arlington Hotel, Hot Springs June 6-8, 1979

Fall Legal Institute Camelot Inn, Little Rock September 13-15, 1979

Federal Tax Institute Camelot Inn, Little Rock November 15-16, 1979

Midyear Meeting Camelot Inn, Little Rock January 17-19, 1980

July 1979/Arkansas Lawyer/121


LAW SCHOOL NEWS Assistant Dean James K. Miller Assistant Dean Ellen Brantley

SCHOOL OF LAW, UNIVERSITY OF ARKANSAS, FAYETTEVILLE David G. Epstein, Professor of Law at the University of Texas, has accepted an offer to serve as Dean of the School of Law. University President Charles E. Bishop has praised Professor Epstein, saying, "The University is fortunate to secure the services of an educator of Mr. Epstein's experience and dynamism for this important position. He has an impressive record of achievement, having demonstrated his initiative and enterprise throughout his career. We look forward to his leadership in one of the University's key positions."

David G. Epstein

Professor Epstein received his B.A. and J.D. degrees from the University of Texas and obtained his LL.M. from the Harvard Law School. Before beginning his teaching career at the University of North Carolina Law School, he practiced law for several 122/Arkansas Lawyer/July 1979

years in Phoenix, Arizona, with Streich, Lang, Cardon & Weeks. In his eight years as a law professor, he has taught as a visiting professor at Brigham Young University, the University of Chicago, the University of Houston, the University of Illinois, the University of Michigan, and Washington University. He has received teaching excellence awards at both North Carolina and Texas. Professor Epstein is a very active member of numerous state bar committees and of the National Bankruptcy Conference. He has written extensively on commercial law topicstwelve law review articles and five books-and has been a featured speaker at continuing legal education programs across the country. He has also served in important committee assignments with the American Association of Law Schools, including serving as chairman of the AALS Creditor and Debtor's Rights Section and vice chairman of the Commercial Law Section. From 1974-1976, he served as editor of Caveat Vendor, a publication of the Consumer Law Section olthe State Bar ofTexas, and was a member of the Board of Editors of Creditors' Rights in Texas, a 1978 publication. He and his wife Diane, who is also a law school graduate and a member of the Texas Bar, are expecting their first child. They will be moving to Arkansas in late summer. A regional Civil Litigation Seminar, sponsored by the Arkansas Institute for Continuing Legal Education and the law school, was conducted March 16 at Waterman Hall. Speakers included Walter B. Cox, Judge William H. Enfield, John E. Everett, John P.

Gill, Frank J. Huckaba, Mary Beth Matthews, and Professor David Newbern. The School of Law at Fayetteville was narrowly defeated by the University of Texas Law School for first place in the 1979 Regional Client Counseling Competition held recently at the University of Houston. The Fayetteville team was comprised of students Blaine Jackson of Bentonville and John Arens of Gravette. Professor Tom Robinson served as coach of the team. A total of 11 schools were entered in the competition, which is aimed at promoting greater knowledge and interest among law students in the counseling aspects of law practice. Mr. James E. Baine of EI Dorado addressed the Robinson Senate of Delta Theta Phi Law Fraternity on March 29. Mr. Baine, National Examiner of Delta Theta Phi, discussed the progress of the Robinson Senate and answered questions concerning the fraternity's national convention which will be held in Houston next August. "The Law: A Reflection of Societal Values" was the theme chosen by the Student Bar Association for the 1979 Law Week Program. The program began March 24 with a symposium presented by the Black American Law Students Association. The symposium featured a luncheon speech by Vashti Varnado, aide to Governor Bill Clinton, and included three panel discussions. George A. Haley, a practicing attorney with a Washington, D.C. law firm and an alumnus of the University of Arkansas School of Law, made the keynote address. The Law Week Program also in-


eluded the following activities: a Legal Film Series; a "Mental Health for Law Students" workshop presented by the Women Law Students Association; a Pre-Law program attended by students from several Arkansas undergraduate schools; a Christian Legal

Society program featuring Julius Poppinga, a Newark, New Jersey attorney and the Society's national president; and the third annual Trial Tactics Seminar. Seminar participants included Bill Putman, James Blair, Ben Core, United States Attor-

ney W.H. Dillahunty, David Laser, and Administrative Law Judge Jay Tolley. The final Law Week activity was a March 31 banquet. The banquet speaker was Percy Foreman of Houston, Texas. " ' -

SCHOOL OF LAW, UNIVERSITY OF ARKANSAS AT UTILE ROCK ATTORNEYS ADDRESS STUDENTS Under the auspices of Phi Alpha Delta and the Student Bar Association, several well known lawyers and legal scholars have recently presented lunchtime programs for students at the School of Law. Professor Robert A. Leflar, the Chairman of the Constitutional Convention which will convene May 14, spoke on the work of the Convention on Friday, March 2. On Wednesday, March 21, Chief Justice Carleton Harris discussed the new Court of Appeals, explaining the legislation creating it and its probable jurisdiction under Supreme Court rules. William R. Wilson, Jr., a Little Rock attorney with a large criminal defense practice, advised students on pleabargaining at a program on Friday, March 30. Ms. Hillary Rodham, a local attorney and former law professor, will speak on Juvenile Law on Wednesday, Apri I 11. PROFESSOR EFFLAND TO TEACH AT SCHOOL OF LAW Professor Richard Effland of Arizona State University's School of Law will teach at UALR this summer. Professor Effland is a well-known scholar in the field of Wills, Trusts, and Estate Planning and the coauthor of Ritchie, Alford and Effland's Cases on Decedents' Estates and Trusts, the leading casebook in the area. He has also written a number of law review articles in the same areas. Professor Effland will teach a course in Decedents' Estates during the first summer term and will also participate in an AICLE program on Estate Tax Planning in late June. MOOT COURT COMPETITION The finals in the Annual Moot Court Competition will be held on Friday, April 6, at 8:00 p.m. in the South Courtroom of the Old Federal Building. Judge Elsijane T. Roy of the United States District Court, Justice George Howard, formerly of the Arkansas Supreme Court, and Jim Guy Tucker, former United States Con-

gressman, will serve as judges. A number of Pulaski County lawyers judged preliminary rounds of the competition. Arguing the petitioner's side in the finals will be Janet Pulliam and Nelwyn Davis; counsel for respondent is Judy K. Mason. The subject matter of this years final is securities fraud under Section 10(b) of the Securities Exchange Act. A reception will follow the argument. The finalists will be recognized for their achievement with awards, established by John Stern, a Chicago lawyer. Members of the winning team will receive $200 each; member-of the runner-up team, $100. SENATOR BUMPERS SPEAKS AT SCHOOL OF LAW Arkansas's Senior United States Senator, Dale Bumpers, spoke to law school students, faculty, and friends in an SBA Symposium Friday evening, March 23. Senator Bumpers spoke on energy problems and inflation and answered questions from the audience on a number of topics. After the talk a reception honoring the Senator was held in the North Courtroom of the Old Federal Building. FACULTY NOTES Two articles by Professor Earl Maltz have recently been pUblished. His article, "The Burger Court and Alienage Classifications" was published in the Summer, 1978 edition of the University of Oklahoma Law Review. The Winter, 1979 issue of the Tennessee Law Review includes his article, "The Burger Court, the Regulation of Interstate Transportation, and the Concept of Local Concem: The Jurisprudence of Categories." At the Mid Year Meeting of the American Bar Association in Atlanta, on February 8-11, Professor Susan Webber was named Chairman of the Committee on Legal Education of the General Practice Section of the As路 sociation. Professor Webber and Professor L. Lynn Hogue have been selected as Research Assistants for

the Arkansas Constitutional Convention. Professor Hogue will work with the Local Government Committee and Professor Webber will work with the General Provisions Committee. Dean Robert K. 'Walsh is a member of the Judicial Planning Committee appointed by the Supreme Court which is working on a draft judicial article to be submitted to the convention. Professor Frederic K. Spies was elected to the Executive Committee of the American Academy of Forensic SCiences at the Academy's annual meeting in Atlanta. Professor Spies has previously served as Secretary and Chairman of the Jurisprudence Section. The Executive Committee consists of the national officers and a representative of each of the nine sections. Reference Librarian Karen Stitsworth is the co-author of materials on the Juvenile Legal System used in a project to educate students to prevent delinquency. This project-entitled Project LEAD (Legal Education to Avert Delinquency)-has been presented to sixth graders in the Fort Smith School System. She is cur路 rently working with Attomey General Steve Clark to institute a similar program throughout the state. Assistant Dean Ellen Brantley participated in a panel discussion of the Equal Rights Amendment at Temple B'nai Israel on Friday, February 12. She also addressed the Downtown Business and Professional Women's Club and the North Little Rock Junior League on the same topic. Professor O. Fred Harris was a discussion leader at the Second Annual Labor Law Institute held at Lake DeGray on March 23-24. He led discussion on the topic "Uniform Guidelines for Employee Selection Procedures Adopted by the EEOC, Civil Service Commission and Departments of Labor and Justice." The Institute was sponsored by the Arkansas Institute for Continuing Legal Education. Assistant Dean Clay Patty's work in the Institute is discussed in his separate article in this issue. " ' July 1979/Arkansas Lawyer/123


OYEZ 路 OYEZ II by Barbara Tarkington Membership Secretary

David L. Hale, NLR, has been appointed judge of the new Pulaski County Municipal Court for small claims. Circuit Judge Gerald Brown, Paragould, was honored in January as Trial Judge of the Year by the Ark. Trial Lawyers Assn. F. H. Martin, Fayetteville, was appointed in January by Gov. Clinton to a 10-year term on the Ark. Highway Commission. In February Gov. Clinton appointed Robert C. Downie, Little Rock, chairman of the state Public Service Commission. Arlene Turner, has retired as clerk of Pulaski County Chancery & Circuit Courts and Thomas Yancey is now serving as court clerk. Van Gearhart, Mtn. Home, was guest speaker at a February meeting of the Jolly Czech Club. Fred Livingston, Batesville, was a February speaker at a meeting of the Cherokee Village Lions Club. Carolyn Clegg, Magnolia, is Columbia County's first female attomey and is practicing in the law firm of Keith, Clegg & Eckert. Janice E. West, Fort Smith, is associated with the law firm of Daily, West, Core, Coffman & Canfield. Shawna Brown, formerly of little Rock, is with the Department of Justice, Tax Division, Washington, D.C. Robert H. Wood, Jr., formerly of Brinkley, has moved to Little Rock. Garry S. Wann, formerly of Blytheville, has moved to Cabot. Robert M. Wilson, Jr., Little Rock, is now associated with the law firm of Hamilton, O'Hara & Hays. Evans Benton has opened his law office in the TCB Bldg., Suite 525, NLR. L. Scott Stafford, formerly with the Ark. PSC, has opened his law office at 2148 First Nat'l. Bldg., Little Rock. Phillip Farris has become a partner in a Batesville law firm and its name changed to Highsmith, Gregg, Hart & Farris. John S. Choate, formerly with the Ark. PSC, has opened his law of124/Arkansas Lawyer/July 1979

fice at 700 Tower Building, Little Rock. Mary Ann Spencer, formerly with the US District Courts, is now with the Legal Aid Bureau of Central Arkansas. Linda L1pe, formerly with the Governor's office, is now with the Prosecuting Attomey's office, Little Rock. Jackie Wright, Little Rock, is now clerking for Judge Elsijane Trimble Roy. J. Conley Meredith, formerly of Florida, has moved to California. William A. Martin, Jr., formerly of Oklahoma, has also moved to California. Jack Lands, III, Paragould, is now with the Security Bank. Daniel J. Kroha, Jr., has opened a law office in the First Nat'l Building, Ste 1713, Little Rock. Mike Hulen, formerly with the legal department of Southwestern Bell in little Rock, has opened a law office at 1700 First Nat'l. Building. Darrell F. Brown, formerly of Cristobal, Canal Zone, has moved to Horatio, Ark. William Randal Wright, formerly with Justice Conley Byrd in Little Rock, has joined the Hope law firm Graves & Graves. Julie McDonald, formerly of Washington, D.C., and Alice A. Burns are now in the Attorney General's office. Peggy O'Neal, Joan Vehlk and Joyce Warren are in the Governor's office. The Paragould law firm of Jackson, Fleischer & Goodson has dissolved. Deborah Jackson has resigned her position as municipal judge and moved to Somerville, New Jersey and married Richard Fleischer of New Jersey. David R.

Goodson has filled the vacancy as municipal judge and maintains his law office at the same address in Paragould. Jerry Patterson, Marshall, has reopened his law office in the Lay BUilding. E. Ben Franks is now associated with the Texarkana law firm Amold, Arnold, Lavender & Rochelle, Ltd. James M. McHaney, Jr., formerly of Washington, D.C., has joined a Little Rock law firm and its name changed to Owens, McHaney & Calhoun. William D. Kelly, Jr., little Rock, has relocated his law office to 1218 West 6th Street. W. B. Putman, Fayetteville, has opened his law office as solo practitioner at One Mcilroy Plaza, Ste 501. Robert S. Hargraves, Hot Springs, was elected to serve as the first president of the newly organized Ark. Juvenile Judges Assn. William D. Haught, little Rock; Robert B. Branch, Sr., Paragould and Graham Partlow, Blytheville, have been elected to membership in the American College of Probate Counsel. Sam Beller, formerly of Missouri, has joined with Carmack Sullivan of Ash Flat and formed the law firm of Sullivan & Beiler. Frank C. Elcan, II, formerly of West Memphis and Phillip E. Meadows of Harrison have formed a partnership with offices at 425 W. Stephenson. Edwin D. Cooper, formerly of West Memphis, has moved to Miami, Florida. Coy J. Rush, formerly of Richardson, Texas, has moved to Garland, Texas.

NEW LOCAL BAR ASSOCIATION OFFICERS North Pulaski County Bar Assn Pres. ROBERT PIERCE V-Pres. LARRY CARPENTER Sec. DARRYL E. BAKER Treas. CHARLES SMITH

Pike County Bar Assn Pres. JIMMY L.FEATHERSTON V-Pres. PHILLIP M. CLAY Sec.-Treas. JAMES C. GRAVES


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A'CLE NEWS by Claibourne W. Patty, Jr. Executive Director Arkansas Institute of Continuing Legal Education

Second Annual Labor Law Institute Rated Excellent The Second Annual Labor Law Institute conducted March 23-24, 1979, at DeGray Lodge received an excellent rating by the lawyers and personnel managers who attended. This year's institute, the first since the Labor Law Section of the Arkansas Bar Association attained section status, was planned on a workshop format as opposed to a straight seminar format. Not only were there speakers on such subjects as Age and Handicapped Discrimination, Uniform Guidelines, OSHA Inspection and Litigation Standards and Search Warrants, Arbitration, and Class Action Certification, but there were Arkansas labor lawyers acting as discussion leaders who encouraged the participants to take an active part in the discussions on the major issues and problems which were raised by the speaker. This format provoked lively and cogent discussions which allowed the participants not only to learn from the speakers and discussion leaders but also to learn from each other. I expect the annual Labor Law Institutes to maintain the degree of excellence shown the last two years which will not only help build the Labor Law Section of the state bar association but will also make the future programs available to the general practitioner representing business clients as well as the personnel and union managers who necessarily deal in this area of the law through their respective attorneys. Spring Tax Seminar For The General Practitioner A spring seminar on Basic Taxation sponsored by AICLE and the Taxation, Trusts, Trust and Estate Planning Section of the Arkansas Bar Association will have aiready been presented in Little Rock on April 27 and 126/Arkansas Lawyer/July 1979

28, by the time the Arkansas Lawyer reaches the membership. Joe Polk and Tom Overbey of Little Rock were the program chairmen, and the program, billed as a tax awareness workshop, covered such topics as Divorce and Taxation, Real Estate and Taxation, and Estate Planning and Taxation. The subjects discussed within these general topics were those which the general practitioner would encounter such as the tax aspects of property settlements, alimony and separate maintenance, child custody and support, installment sales, depreciation and recapture, tax free exchanges, the estate tax framework and marital and orphans' deductions. It is the intent of the Taxation Section to present an annual program of this sort which is designed to aid the general practitioner to be aware of tax aspects in a variety of everyday legal transactions and litigation as well as to be able to ascertain and avoid common tax pitfalls. Regional Workshops On New Rules Of Civil Procedure Three regional workshops, using the new Rules of Civil Procedure adopted by the Arkansas Supreme Court were conducted as follows: Waterman Hall, University of Arkansas School of Law, Fayetteville, on March 16th; Jonesboro, on March 30, and EI Dorado, on April 6th. The Fayetteville workshop was cosponsored by the University of Arkansas Law School in Fayetteville and Assistant Dean David Malone presided; the Jonesboro workshop was jointly sponsored by the Civil Procedure Committee of the Arkansas Bar Association with Jerry Cavaneau, Committee Chairman presiding; and the EI Dorado workshop was jointly sponsored by the Continuing Legal Education Committee of the Arkansas Bar Association with Herman L.

Hamilton, Committee Chairman presiding. Many of the same speakers who participated in the Mid Year Meeting also participated in the workshops with additional lawyers and trial judges being recruited at the various locations to round out the various workshop teams. AII-in-all a total of 19 lawyers, trial jUdges and law professors served as lecturers; and an enthusiastic turnout at each location was provided by those attorneys and judges who were unable to attend the Mid Year Meeting. Arkansas Civil Trial Advocacy College The first annual Arkansas Civil Trial Advocacy College, jointly sponsored by AICLE, the UALR School of Law and the Hastings Center for Trial Advocacy will be conducted in Little Rock at the Old Federal Building for four-and-a-half days beginning May 13 and ending Thursday, May 17th. This program, limited to 36 registrants, is designed primarily for practicing attorneys with one to five years of trial practice experience. This trial advocacy program will stress techniques and information designed to enhance the practical knowledge and to sharpen the courtroom skills of those attorneys who attend. Lectures, demonstrations and workshops will be conducted by highly qualified teams of experienced trial practitioners and law professors. The topics covered will include but not be limited to direct and cross examination of witnesses (expert and lay), adverse examination, opening statement and closing argument, use of demonstrative evidence, and foundations-impeachment. At present there will be a total of three workshops, each consisting of a leader and workshop faculty along with 12 participants. By the use of lecturers, demonstrations and videotaping of the preformance by parti(continued page 135)


EXECUTIVE COUNCIL NOTES by James A. Buttry

Secretary-Treasurer

SOME HIGHLIGHTS OF THE BAR YEAR The 1978-79 Bar year has been an unusually active and productive year for the Association. From the creation of a new section of the Association, the Labor Law Section, at the June meeting of the House of Delegates to the consideration of and action on more than 40 items of legislation at the September meeting of the House, both the Executive Council and the House of Delegates have managed an extraordinary volume of work. The ability and willingness of the various officers of the Association, including particularly the current President and Chairman, to devote to Association business the time acquired for the proper disposition of questions so many and so serious as have come before the Association during this year continues to be a little short of amazing. At its September meeting, the House of Delegates approved legislation, for example, for a uniform eminent domain code, revision of the Arkansas corporate franchise tax, a new tax procedure act, the upgrading of judicial salaries, new grounds for divorce, a new statute of limitations in medical malpractice cases, an increase in the small property damage statute, amendment of the rights of dower and curtesy, the uniform selection of jurors (by jury wheel), and the integration (with federal law) of the state income tax laws. The House rejected proposals, for example, to prescribe uniform ballot fees for circuit and chancery jUdge candidates (though serious and widespread concern was indicated for the present system), for state payment of court reporters' salaries, for lowering of the

age for removal of disabilities and for the recovery of attorneys' fees (in certain cases not presentiy provided for). The House referred to committees' proposals regarding so-called "nofault divorce," uniform legislation regarding rights of landlords and tenants and comparative fault. The iatter two items can probably be expected to reappear in the near future for consideration by the Executive Council and the House of Delegates. The Association received good news in the area of Prepaid Legal Services where it was reported in January that the Prepaid Legal Services Committee and Arkansas Prepaid Law, Inc. have succeeded in making arrangements for the writing of prepaid legal insurance policies in Arkansas. It was also reported, by Otis Turner, that the Arkansas Supreme Court had created a committee on the unauthorized practice of law, a development anxiously awaited by the Association. Many of the responsibilities were handled by a number of persons and committees, and any mention of particular persons or committees will surely overlook some who are deserving of mention (and thereby create enemies for life). However, the Association is clearly indebted to Russ Meeks and the Specialization Committee, Jim Rhodes and the Legislation Committee, Bud Whetstone and the workers at the Workers' Compensation Committee, Ed Cunningham and Jim Lance and the Savings & Loan Section, Truman Yancey and Harold Simpson and the Prepaid Legal Services Committee and David Blair and the Jurisprudence and Law

Reform Committee. The Jurisprudence and Law Reform Committee managed to review and report on an enormous volume of proposed legislation, and Chairman Blair managed to withstand spirited debate and both the Executive Council and the House of Delegates and to explain and defend committee reports that were not infrequently challenged. Much work, of course, lies ahead of the Association in the coming year, including work in the areas of specialization, lawyer competency and continuing iegal education, discipline and ethics, and an effort to make use of the opportunity indicated by recent developments regarding interest on lawyers' trust accounts. The effectiveness of the Association will be increased greatly, however, in the next year and in coming years by the availability of additional revenues to finance the operations of the Association. For the first time in several years, the Association will no longer be dependent upon sale of the Systems to finance this operation. The action of the House of路 Delegates in January to increase the dues of the Association is some assurance that the Association will be on a sound financial basis for the foreseeable future. This has been a year of which every member of the Association can be proud. RespectfUlly submitted, James A. Buttry Secretary{Treasurer

July 1979jArkansas Lawyerj127


LEGAL ECONOMICS by Fran Shellenberger

WORD PROCESSING SPECIALIST

LAWYER-NONLAWYER PROFESSIONAL RELATIONSHIPS The quality of your legal services, the quality of professional care you provide to your clients, your ability to complete a job for your client and send a bill for services-your professionallife-<Jepends upon your office environment, your personnel and the professional relationships you establish with them. The best equipment, the best office location, and the best legal procedures can fail if professional relationships among the lawyers and non-lawyers in your office are poor. Your legal secretary, receptionist, clerk and bookkeeper are the heartbeat of your office. The manner in which they conduct their work and relate to your clients reflects your professional image to your clients and to the other attorneys, clerks and judges with whom they come in contact in their daily work. They are the first and last to see your clients; they have the opportunity to greet and in some cases become acquainted with your clients before you do. Their personal and professional interest in the client, in you and your work will have an immediate, positive effect on the client. This client-employee relationship is a direct result of a comfortable, professional working environment within your office. Conversely, if your professional relationships with your employees are poor, this will be reflected in your office environment and you will see an immediate negative effect on your clients and in your ability to carry out your work for them. Here are some suggestions for building and maintaining a comfortable, professional relationship-<me of mutual trust-with your secretary and other non-lawyer employees. Few "do's" and three important tips to assist in the smooth day-to-day operation of your office. 1. Say "Good morning" when you arrive at the office and call the employees by name. The late Edward L. Wright of Wright, Lindsey & Jennings, Little Rock, Arkansas, never failed to make the rounds of his office upon arrival each moming, greeting each secretary by name. The secretaries looked forward to his pleasant daily greeting and marvelled that he never forgot a name. 2. Say "please" and "thank you" when requesting work to be done and when receiving finished work. 3. Introduce your employees to your clients and visitors. 128/Arkansas Lawyer/July 1979

Tell clients and visitors in the presence of your employees that they can speak with your employees in your absence, that you trust office matters to your employees' care and judgment. Your employees will be complimented and your client willing to communicate with the employee in your absence. While improving your professional relationships with your employees you are at the same time creating good employee-elient relationships, keeping the lines open between your clients and your office when you are unavailable. 4. Ask for the employees' thoughts and suggestions regarding client and office matters. They are familiar with your work and writing style and will be able to make constructive comments. The employee will consider it a compliment that you asked for help and will rise to the occasion. 5. Praise the employee's work to a third party in the presence of the employee. This type of compliment counts double! 6. Encourage employees to participate in professional organizations. Offer to pay the employee's dues (many secretaries cannot afford dues in professional organizations). Offer to support the group by providing meeting space or allowing the use of your office copier for special projects. Your employees will benefit from shared ideas and work procedures and will pass those benefits back to you. Since most associations have a placement officer, YOU'll be able to locate experienced employees when you have an opening in your office. Your support will be rewarded in higher motivation and increased productivity on the part of your employees. 7. Encourage employees to make suggestions for improvement of your office procedures. The employees will appreciate your confidence in their ability and judgment. The knowledge that you, a lawyer, value the employee's opinion and judgment is the highest compliment you can give the employee. 8. Handle criticism of the employee's work privately. Often a secretary's or clerk's desk is located in an open area or reception area so that the employee can serve more than one lawyer or serve as receptionist. If this is the case, the lawyers generally bring work to the employee's desk, giving instructions or criticism to the employee and unintentionally embarrassing the employee when criticism


is overheard by other employees or clients. To make matters worse, the employee, fully aware that any comment he/she might wish to make can be overheard, must remain silent, accepting the criticism quietly and without comment. This type of criticism is, in my opinion, the most difficult problem in lawyer-nonlawyer professional relationships. 9. Don't keep your employees late day after day. Some overtime is unavoidable in law offices and most employees accept this as part of the job. However, if you make a practice of keeping them late or asking them to work weekends and holidays, the employees will realize that they are working late because you are guilty of poor planning. Their feelings will be reflected in their attitude and productivity on the job. 10. If you hire members of your family to work in your office, bear in mind that their presence may create problems for your other employees and that you may pay a price in reduced productivity and office morale. While in some cases family members get along well with your employees, quite often the employees feel threatened by their presence and will resent you for having placed them in that position. For example, the first lawyer for whom I worked as a legal secretary allowed his brother to use the office for secretarial help. He (the brother) monopolized my lunch hour while dictating correspondence to me. I felt that if I wanted to keep my job, I shouldn't complain to my boss about his brother's imposition on my time and the added work. 11. When you ask employees to serve coffee or soft drinks, you are inadvertently placing them in the role of office maids and waiters. You can a avoid this reaction on the part of your employees by occasionally bringing coffee or soft drinks to them. If you would like to have coffee or soft drinks served to clients, you can win the support of your employees by explaining to them that this service makes your clients feel at home and at ease in your office, much in the same way that offering coffee and soft drinks to guests at home is a gesture of hospitality. Explain to your employees that helping clients relax in your office makes it easier for you to work with and for the client. It also provides an opportunity for the employee and the lawyer to make "small talk" with the client, helping to break the tension quite often present when a client, especially a new client, or a troubled client is visiting the office. Serving coffee and soft drinks also can help pass the time if a client must remain in your lobby for a period of time until you are available. The trick is to provide the service without turning your employee into a servant. Most office problems reflect people problems. When things are not going well in a law office, the cause is usually related to poor personal relationships among iawyers and coworkers. The suggestions contained in this article reflect common sense and good manners; they stress the importance of treating your office employees and coworkers with dignity. If your professional relationships are working for you, you'll benefit by spending more time working for your clients and less time solving office problems. Everyone feels better and gets more work done when the office environment is pleasant.

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~ :;~:;J~~e/~~~:~g7~~s ~9~a~:~0:; ~ r

Fifty- Year Award of the Fellows of the American Bar Foundation at its 23d ~ Annual Meeting, February 10, 1979 at (l) Atlanta, Georgia. It was a memorable c:: occasion for Arkansas lawyers. Mr. ~ Barrett received the only standing ovation of the evening before a crowd of ~ some 1000 persons, when his award was announced. He received a second standing ovation at the conclusion ofhis scholarly IS-minute address, delivered sans notes or manuscript. ~

In view of this proud moment, we wish to republish here for the benefit of all Arkansas Bar Association members the "write-up" on Mr. Barrett in the American Bar Foundation's Annual Awards brochure.

1979 FELLOWS FIFTY-YEAR AWARD JOE C. BARRETT In Arkansas, Joe C. Barrell is a Quiet legend: respected and bonored for his contributions in state, national, and international professional concerns, be bas devoted 56 years to the pursuit of excellence in the law. An Arkansas colleague of Joe Barrell recently observed that "be bas probably done more througbout the years tban any other member of the Arkansas Bar to enhance the image of the legal profession nationally and internationally." Robert A. Leflar, the distinguisbed professor of law. bas said, "Tbere are few lawyers in America. and none in Arkansas, more loved and respected than Joe Barrell." Anyone who bas met Mr. Barrett understands the affection and honor 'given him by those he has worked with and for, and even a brief survey of his career suggests his remarkable abilities. Even tbough he is a "country lawyer" who practices law in Jonesboro, Arkansas, Mr. Barrett bas earned national and international esteem. As President of the Arkansas Bar Association in 1943, be was first appointed by the Governor as a Commissioner from Arkansas to the National Conference of Commissioners on Uniform (continued below)

Foundation presented bim with the Hatton W. Sumners Award for his outstanding contribution to the improvement of the administration of justice in the southwestern states. Joe Barrell has always given unselfishly of his time and talent for the benefit of his brethren at the Bar and all associations with which he became affiliated. Mr. Barrell was a delegete of tbe Arkansas Bar Associa tion to the House of Delega tes of the American Bar Association from 1946 to 1955. Together with his good friend Edward L. Wright, he helped to raise 126 percent of the goal set for Arkansas lawyers in the campaign to build the American Bar Center in Chicago. Mr. Barrett was one of the original Fellows of the American Bar Foundation. In addition to his leadership within the Section of International and Comparative Law. be served on many ABA committees througb the years-as Chairman of Scope and Correlation in 1958 and as Chairman of the ABA Special Commillee on Unification of Private International Law from 1957 to 1961. Mr. Barrett has been a member of the American Law Institute. National Legal Aid Foundation. American judicature Society. International Association of Insurance Counsel, and National Association of Railroad Trial Counsel. He has authored several articles in such publications as the American Bar Association Journal. the International Lawyer, and the Arkansas Law Review. He has lectured widely at law schools. The breadth of his service to his fellow man is suggested when it is noted that he served as Chairman of the Democratic State Committee for Arkansas from 1941 to 1944. as a member of the jonesboro School Board for five years. Chairman of the Board of Trustees of the jonesboro Public Library for twelve years. President of the University of Arkansas Alumni Association. and Director of the Mercantile Bank of Jonesboro for twenty-five years. In an address to the 1969 ABA Code of Professional Responsibility Symposium on Canon 8, john P. Frank of Phoenix said, "joe Barrett ... represents what the new Canon 8 is really all about. He comes from as country a countryside as there is, and somebow this makes his public service in international law all the more astonishing. jonesboro, Arkansas. with all deference to that community. is no world center." Senior partner in the firm of Barrett. Wheatley. Smith & Deacon in Jonesboro. Arkansas, since 1943, Mr. Barrett has been a member of the Arkansas Bar since 1922. He was born in jonesboro in 1897. received his B.A. from the University of Arkansas in 1920. and his LL.B. with honors from George Washington University in 1924. He was a Representative of the United States Department of Agriculture in Rome, Italy. from 1922 to 1923. In 1923, he married Bertha Campbell. and his successes as a husband, father. grandfather. and great-grandfather certainly match those as a lawyer.


State Laws; he soon became Chairman of the Arkansas Commission. He served on many.national drafting committees, most significantly on the committee that drafted the Uniform Commercial Code. A fellow Commissioner has written of Mr. Barrett's service;

joe C. Barrett is a fine lawyer and a fine man. Known for his unselfishness as well as for his accomplishments. his family as well as for his career. his warmth as well as for his wisdom. he represents in every way personal and professional excellence.

He was Quickly recognized as one of the best draftsmen in the

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Conference. His facility for wise analysis of the probable consequences. both legal and political. of proposed new laws. caused other Commissioners to consult him constantly. And his constant effort to seek out and develop new forms of law. not for the sake of change as such but to strengthen the legal and social order in America generally, made him 8 major contributor to the continuing work of the Conference. His dedication to the Conference and its work was evidenced by his unfailing attendance at 31 annual meetings. His leadership in the Conference was recognized by his selection as Chairman of the Executive Committee, Vice-President, and then President. He has been a life member of the Conference since 1959. He became a member of the permanent editorial board on the Uniform Commerciol Code and, until recently, served on the Committee to Review Article IX of the Code. Mr. Barrell spearheaded an effort to unify private international law, which resulted in his serving as a United States delegate to seven international law conferences. In 1956 and 1960 he was a member of the United States Observer Delegation to the 8th and 9th Hague Conferences on Private International Law; in 1964, when the United States became a member of the Hague Conference, he served as a member of the United States Delegation and attended a special session in 1966. In 1964, he was a member of the United States Delegation in Rome at the Diplomatic Conference on Uniform Law on the International Sale of Goods. From 1964 to 1967 Mr. Barrett was a member of the Department of State's Advisory Committee on Private International Law and in 1967 he became a member of the Department's Advisory Panel on Public International Law dealing with problems affecting United States foreign policy He was also a member of the Advisory Committee to the United States Commission on International Rules of judicial Procedures. In 1967 he was elected Chairman of the International and Comparative Law Section of the American Bar Association. One of his friends observed that "few, if any other country lawyers without an international law practice, with expertise derived solely from intellectual interest, have ever been so recognized. " The contributions of joe Barrett to the legal profession were long ago recognized in his native state. In 1953 he became the first Arkansas lawyer to be awarded an honorary LL.D. from the University of Arkansas. When the Outstanding Lawyer Award was instituted by the Arkansas Bar Foundation in 1960, the first person selected was joe C. Barrett. Later, the Southwestern Legal

MEMORIAL GIFTS "It is more blessed to give than to receive." However. a member profits both ways with a memorial gift to the Arkansas Bar Foundation. One's gift is a beautiful way of honoring a former colleague and friend. The gift is noted in the Foundation's Memorial Book and, of course, is tax deductible. The family of the deceased is most appreciative of such remembrance.

.,

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One may record the Memorial Gift in two ways, viz.: (I) The new Memorial Cards have just been furnished each member for direct mailing in one's own business envelope to the family of the deceased. Thus, the family will be immediately notified of the thoughtfulness of the donor. The check is sent to the Foundation at the same time for notation in the Memorial Book. Additional Memorial Cards are available upon request. It is emphasized that these are new-type cards - never before available. '(2) Memorial gifts may be sent directly to the Arkansas Bar Foundation, with request that the Foundation send a memorial acknowledgement to the family of the deceased, naming the contributor but not specifying the amount given. The memorial cards are formal and promptly delivered upon receipt of the memorial gift. Either way is most appropriate. One's thoughtfullness in making a memorial gift to the Arkansas Bar Foundation will not only meet with the complete approbation of the members of the family of the deceased, but will at the same time provide the Foundation with funds to carryon the noble purposes for which it has been dedicated.

â&#x20AC;˘


NEW WEST HANDBOOK ON PRODUCTS LIABILITY TAKES PROBLEM ORIENTED APPROACH A new unit of its Handbook Series, Products Liability, by William Kimble and Robert Lesher, has been introduced by West Publishing Company, St. Paul, Minnesota. The book is written for the practicing lawyer and takes a problemoriented approach to the large and growing field of products liability law. Both authors are practicing trial lawyers with broad experience in products liability litigation, and both are also former jurists. Mr. Lesher is a former Associate Justice of the Arizona Supreme Court and Mr. Kimble served as Judge of Arizona Superior Court. The Handbook includes a historical perspective of products liability through such landmark cases as MacPherson v. Buick Co. in 1916, which first established that a manufacturer did in fact have a duty to the ultimate user of his product even in the absence of contract. In addition to an overview of the theories of products liability, the discussion examines each more thoroughly with special attention focused on strict tort liability which in recent years has become the centerpiece of products liability cases, with negligence and breach of warranty relegated to secondary importance. The authors discuss liability for the defective design, manufacture or assembly of a product, deceit and misrepresentation as iiability where the product is not defective, testing and inspection and the duty to warn. They point out that the courts have gener-

ally adopted traditional negligence principles on when the duty to warn the user arises. Proof in a products liability case, defenses in strict tort liability, causation, indemnification and limitation of actions also are examined. Since a product may be made in one state, sold in another, cause injury in a third to a resident of a fourth state, the authors note that determining the particular statute of limitations applicable

and when it should run is critical. Products Liability also considers jurisdictional questions, conflict of laws, multiple litigation including the class action and alternatives to it, and drug product liability. The concluding chapter discusses products liability insurance, the cost and availability of which has been the focus of national attention. ' "

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STEP UP TO USCA Lawyers all over the country are finding United Slates Code Annolaled 10 be one law publication they cannol practice successfully without. One of them wrote us. "With the extensive federal presence in OUf society, il is impossible for an altorney today to adequately represent a client

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The lawyers who have made the step up to USCA know that they do not run the risk of so-called "selective editing" depriving them of the cases that may be essential to their position. Isn't it time you, too, made the step up to USCA'? Your West sales representative has the details for you. Contact him or write West Publishing Company. 50 W. Kellogg Blvd., P.O. Box 3526. St. Paul. MN 55165. Elmer P. Roberts P.O. Box 7659 lillie Rock, AR 72217 Phone: 501/224-5471

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132/Arkansas Lawyer/July 1979


TAX TIPS by Paul D. Williams Director, Little Rock District Internal Revenue Service

IRS Client Representatives On January 24, 1979, the Treasury Department adopted the following regulatory procedures: 1. Amendments to the regulations in 31 CFR Part 10 (Treasury Department Circular No. 230) were finaiized with respect to advertising and solicitation by practitioners before the Internal Revenue Service (attorneys, certified public accountants and enrolled agents). The amendments basically permit truthful advertising of employment in matters related to the Internal Revenue Service. They continue to prohibit in-person solicitation of such employment. 2. A regulation was added to Circular 230 permitting individuals enrolled to perform actuarial services under ERISA (enrolled actuaries) to represent taxpayers before the Internal Revenue Service upon filing a declaration that the individual is an enrolled actuary and is authorized to represent the named client. Practice is limited to the provisions of the Internal Revenue Code specifically delineated in the regulations (EP/EO matters). The effective date of that regulation is February 24, 1979. Energy Credit It has been called to our attention that it may not be clear when the "substantially completed" construction date of April 20, 1977, is applicable. The following information should clarify this matter: a. The construction olthe taxpayer's principal residence must have been substantially completed before April 20, 1977, when the expenditures are for energy conservation items such as insulation, storm windows, caulking or weatherstripping, furnace replacement burners, etc. b. Construction of the taxpayer's principal residence does not have to be substantially completed before April 20, 1977, when the expenditure is for renewable energy source property such as solar energy, wind energy, etc. Decedent Returns We have learned that there is some confusion over when a death certificate or proof of death should be attached to a decedent's return. The following should clarify this matter: a. If the person claiming the refund is a surviving spouse filing a joint return, no Form 1310, death certificate or proof of death is needed. b. If the person claiming the refund is a surviving spouse and the decedent's return is a separate return, a Form 1310 with a death certificate or proof of death must be attached. c. If the person claiming the refund is an executor, executrix, administrator or administratrix of the dece-

dent's estate, or a personal representative who has actual or constructive possession of any of the decedent's property, a Form 1310 and a copy of a court certificate showing appointment should be attached. d. All other individuals such as sisters, nieces, etc., claiming a refund must attach Form 1310 with a copy of the death certificate or other proof of death. New Withholding Tax Rates Circular E, Employer's Tax Guide has been revised to include tables that apply to wages paid on or after January 1, 1979. While use of these new tables will result in reduced income tax withholding for most employees, some employees will experience an increase in withholding. One reason is that the general tax credit, considered in previous withholding tables, does not apply after 1978. Another reason is that the maximum withholding rates have been increased. Maximum rates generally apply to single employees with annual wages of $23,000 or more and married employees with annual wages of $30,000 or more. Form 11, Special Tax Return and Application For Registry, New Format Form 11, Special Tax Return and Application for Registry, has been revised extensively to allow taxpayers to pay more than one type of occupational tax on a single form. The form is now a full page form with the instructions on the back. There are separate columns for the number of locations, tax rates, and tax. Taxpayers must file this form before engaging in an alcoholic beverage business; manufacturing stills or condensers; or dealing in manufacturing, or importing firearms under the National Firearms Act. A taxpayer who has registered to operate one of these businesses must file Form 11 annually on or before July 1st. Form 11 (revised January 1979) is available at Internal Revenue Service offices. Transfers Within Three Years of Death The Revenue Act of 1978 provides that any gifts made within three years of death for which no gift tax return was required to be filed are not includible in the gross estate. Therefore, gifts made to a donee of a present interest of $3,000 or less in a calendar year are not included in the gross estate. Where a gift tax return is required to be filed the value of the gifts made within three years of death is included in the gross estate. The Act, however, provides that transfers of life insurance policies do not qualify for exclusion under the above exception. Recent Top-level Staff Changes Bob Dooley, Chief, Examination Division Lonnie Smith, Chief, Review Staff Melvin Benson, Chief, Criminal Investigation Division Joe McCollum, Chief, Office Branch, Collection Division John Oliver, Group Manager, Estate and Gift Tax.

"

July 1979/Arkansas Lawyer/133


ADDENDA by C. E. Ransick Editor

ARKANSAS STATE CLAIMS COMMISSION

According to its Director R. A. "Butch" Stutts, the Arkansas State Claims Commission has available for issuance to members of the Arkansas Bar Association copies of its recently-published Rules and Regulations pertaining to the filing and adjudication of claims. Copies may be obtained by either writing or calling the Commission office, State Capitol BUilding, Little Rock, Arkansas 72201 (501-371-1619).

FEDERAL ELECTION COMMISSION

This is the Federal Agency which deals with financing of campaigns for Federal elections. The law, administered by the Commission, affects all candidates for the U.S. House of Representatives, U.S. Senate and Presidency, and all political committees which support the candidates, including political party committees, and the political committees established by labor organizations, and corporations and trade associations. According to Judith L. Corley, Chief, Public Communications for the Commission, a brochure has been published outlining the basic provisions of the Federal Election Campaign Act and the responsibilities of the Commission in administering the Act. Lawyers may obtain the brochure and/or related information by calling Mr. Larry Boyle of Ms. Corley's staff, 134/Arkansas Lawyer/July 1979

c/o Federal Election Commission, 1325 K. Street NW., Washington, D.C. 20463 (800-424-9530).

WORLD PEACE THROUGH LAW

Sponsored by the World Peace Through Law Center and its affiliated organizations, the Ninth Conference on Law of the World will convene in Madrid, Spain, September 16-21, 1979 at the Palacio de Congresos, Europe's largest convention center. Every Judge, lawyer, law professor and law student is invited to participate in this truly historic event. Over 6,000 delegates from all over the World are expected to attend what promises to be the largest, most significant conference ever organized by the Center. Some twenty five panels, seminars and workshops on issues of particular significance in contemporary international law have been tentatively scheduled for the Conference. Complementing these discussions will be the now traditional Demonstration Trial, a select group of highly eminent guest luncheon speakers and the celebration of World Law Day. A very special event at the Conclusion of the Conference will be an optional visit to the Vatican City, on Sunday, September 23, 1979, for an audience with His Holiness the Pope. As in the past eight World Conferences, delegates will be addressing themselves to the critical problems facing the world community with a view towards putting forth practical solutions based upon the rule of law. Panels of the world's leading experts will be addressing such burning is-

sues as human rights, law of the sea, international trade and commerce, arms trade, information transfer, energy law and computer technology and the right to privacy. The 1979 Madrid Conference will be an unparalleled opportunity for the world's legal experts to converge and discuss these important subjects. Following the practice established at the Fifth Worid Conference in Belgrade in 1971, a Demonstration Trial will be held. This highlight event will deal with the explosive issue of the legality of unilateral anti-terrorist rescue operations, The Rescue of Hostages Case, a topic that will generate unprecedented involvement by the most respected legal minds from throughout the world. OPENING UP: HOW TO TALK TO THE MEDIA

1. Be friendly and cooperative. Remember the reporter is a professional whose job must be completed within frequent, fixed deadlines. 2. Be clear and brief. At best the reporter will repeat what you say. 3. Try to provide an "angle" for the reporter by giving background material. 4. Prepare remarks in advance whenever possible. Prepared statements and documents are easier for reporters to interpret and safer for interviewees. If you do not have time to prepare a statement or document, it is usually wiser to keep comments brief, general and positive. 5. Bear in mind your responsibility to clients, courts and other attorneys. Remember ethical considerations.


Do not compromise the fairness of a trial or the impartiality of a jUdge.

7. Of course, you do not have to talk to a reporter if you do not want to. If you have serious doubts about a reporter's credentials, you may ask to check them. Always be polite and tactful.

No appraisal of belonging is complete without a reference to ideas. They are generated by the three preceding elements in the definition and are also an important factor in Meaning NO.3. The human mind is a supercomputer with unlimited storage, random access and total recall. But input is the governing factor; the program depends on a steady flow of information, checkpoints and thought-starters.

8. Be truthful and offer your phone number so the reporter can reach you If there are more questions.

For relevant material, stay on-line with your Association.

9. Make clear whom you represent-yourself, your client, a group.

ABA TO PRESENT LAW DAY SPEECH AWARDS

6. Ask for time to check facts, if you need it. Be certain that the facts you do state are correct.

10. Smile when you're on television. READING BETWEEN THE LINES as-so-cl-a't1on n. 1. An associating or being associated. 2. Fellowship. 3. An organization of persons having common purposes. 4. A connection between ideas.

An interesting aspect of these meanings is the order in which the dictionary lists them. Any group's signifIcance to members really starts when they join it. Until then, it's just another name on a letterhead or a jumble of initials reminding one of a government agency. The nonmember knows vaguely that it renders something in return for dues. But even a detailed description is only so many words until participation gives them life. Step 2 is fellowship, which can be both the prime motive for joining and the most-prized end result. Ask any veteran member what he gets out of belonging and you will find. "The friends I made" at the head of the list. Being with them at meetings, working with them on committees and knowing one can call on them for advice and assistance is a treasured and warmly personal award. The "common purpose" also grows with acquaintance. The generalities in the published Statement of Purpose are reflected in specific acts, benefits and services, which require experience to evaluate. New functions develop from time to time, in response to members' needs and ingenuity. Innovations are one test of group effectiveness: "When you stop getting better, you stop being good."

The American Bar Association announced today the rules for entering the Twelfth Annual "Judge Edward R. Finch Law Day U.S.A. Speech Awards" competition. Any lawyer, layman, or person serving in the American armed forces who addresses a Law Day observance in the United States or abroad in behalf of service personnel stationed overseas on or near May 1, 1979, may enter the Law Day speech awards program. The award is made possible by a grant in memory of the late Judge Edward R. Finch of the New York Court of Appeals. The objectives of the awards program are to foster a deeper appreciation and understanding of the place of law in American life and to accord national recognition each year to the speeches chosen as the most outstanding in content and effectiveness in furthering the purposes of Law Day. Speeches submitted must be keyed to the theme of Law Day or to any of the stated objectives. In addition to the first place award of $500 for the best Law Day speech given in 1979, second and third place winners will receive an attractive hand lettered certificate mounted on a walnut plaque. The deadline for entries is June 15, 1979. Awards will be presented in the fall. Entry rules may be obtained from the American Bar Association, Special Events Department, 77 South Wacker Drive, 6th Floor, Chicago, illinois 60606.

AICLE News (continued from page 126) cipants, the workshops will focus on improvement of the participants' trial skills. The workshop leaders will be: Prof. Barbara A. Caulfield, Hastings College of Law; Prof. Steven Goldberg, UALR School of Law; and Hon. James A. George, Baton Rouge, Louisiana. A partial list of workshop and demonstration faculty includes: Hon. Scott Baldwin, Marshall, Texas; Prof. Kenneth S. Gould, UALR School of Law; Prof. James Jeans, University of Missouri School of Law; Hon. Aston Jennings, Little Rock, Arkansas; Hon. Boyce Love, lillie Rock, Arkansas; Hon. e. robert (bob) wallach, San Francisco, California; and Hon. Henry Woods, Little Rock, Arkansas. By the time this issue of the Arkansas Lawyer has been published, the general bar membership will have received an initial flyer along with a more complete follow-up brochure announcing the details of this College of Advocacy program. Programs In Progress AICLE is working with the Creditors' Rights Committee of the Arkansas Bar Association and Prof. Robert R. Wright of UALR School of Law, who will publish the new Arkansas Form Book, to prepare a program for the Fall Legal Institute to be held in Little Rock on September 13 and 14. It is anticipated that the program will be devoted to the new bankruptcy code and rules which will become effective on October 1, as well as the introduction and highlight of certain topics in the form book. The twentieth annual Practice Skills Course (formerly Bridgingthe-Gap) jointly sponsored by AICLE and the Young Lawyers Section of the Arkansas Bar Association will be held in Little Rock early in October. Additional details will be available in future mailings and issues of the Arkansas Lawyer. ~

(continued on page 136) July 1979/Arkansas Lawyer/135


ADDENDA (continued from page 135) INTERESTING LETIER WEGG-PROSSER & FARMER SOLICITORS COMMISSIONERS FOR OATHS

133 PRAED STREET, LONDON, W21RN

our referral scheme as compared with yours. Once again, many thanks for the trouble you took and showing us round your headquarters and for the interesting information that you gave us. We were delighted to meet you.

aid scheme, in criminal cases. This operates through the Courts. The Law Society, through its area offices, approves fees for work done in the lower criminal courts and there is an appeal scheme operated by a panel of the Legal Aid Committee at nalional level. Perhaps you would be interested in an article on legal aid in England with particular reference to

Yours sincerely, lSI Charles Wegg-Prosser

1st September 1978

Colonel Ransick Arkansas Bar Association 400 W. Markham Little Rock Arkansas 72201, USA Dear Colonel Ransick,

CROSSWORD PUZZLE

puz-

CROSSWORD

ZLE

On behalf of my wife and myself I should like to express our great appreciation of your kindness in showing us over your impressive headquarters and in explaining to us the operation of your Statewide lawyer referral service. We were only sorry that we were somewhat limited for time and we would have liked to have spent longer with you. However, we did enjoy our stay and we did appreciate your explanation of the work of the State Bar Association and in particular of the referral service. As I told Oscar, I had already seen the entries in the yellow pages and I was glad to have the written material which you gave to me. As I told Oscar and as I think I told you, we are working on very similar lines. We have referral lists of solicitors operating legal aid and showing the types of wor!< we are prepared to undertake. We also have the scheme for a half hour's interview at a fee of not more than 5 pounds and this idea, as well as the scheme in general, has received favourable comment in the press and on TV and radio and I have myself played some part in publicising our scheme. However, your scheme is better than ours in that you use the telephone. I shall tell our legal aid committee of what you showed me. The Law Society's legal aid committee of which I am a member administers the national legal aid and advice scheme in civil cases. It is of course also concerned, though it does not administer the legal

136/Arkansas Lawyer/July 1979

Below is the solution to Judge George Rose Smith's legalese crossword puzzle, which appeared in the last issue of The Arkansas Lawyer, April 1979.

1

2

5

T A "A R

10

6

S

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20

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D 0

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P 18 A F A 21 D A R

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16

15

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17

13

12

11

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S T E N E E R S

24

U T

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30

29

C 32

3'

33

B

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P 0

P D S

E 37

D 0

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43

42

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45

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A B U T ""L 0 R E

59

0

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48

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R 52

54

6

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34

A M P "'R A R 39

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57

56

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