disciplinary actions Kenneth L. Edwards A letter of caution was issued to Kenneth L. Edwards for violation of Model Rules 1.2 (a) and 1.4 (a) upon the complaint of Matthew S. Dame. These rules state, in part, that a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued. In a criminal case, the lawyer shall abide by the client's decision. after consultation with the lawyer. as to a plea to be entered, whether to waive jury trial and whether the client will testify; and, shall keep a
unable to speak with his client for his approval. Edwards decided to emer a
Don Trimble Upon the complaint of Linda
conditional plea of guilty on his behalf
Williams, Don Trimble was issued a letter of caution for violation of Model Rules 1.8 (e) and 1.8 U). These rules state, in part that, a lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation; and. a lawyer shall not acquire a proprietary imerest in the cause of action or subject matter of litigation the lawyer is conducting for a client.
and sent a letter advising him of the negotiation. When Edwards received no response, he wrote again. Thereafter, Edwards was advised that new counsel
had been retained. Edwards concluded by stating that the course to be pursued was explained to his client and, at that
time, all parties were satisfied. He added that his attempts to communicate with his client and his father were unsuccessful.
Donald F, Seay
client reasonably informed about the sta-
A letter of caution was issued to
tus of a matter and promptly comply with
Donald F. Seay for violation of Model Rules 1.1 and 8.4 (d) upon the complaint of Wilma M. Hogue Brand. These rules
reasonable requests for infonnation.
In his affidavit, Dame stated that in ovember 1993. he was issued a citation for Underage Driving Under the Influence and retained Edwards to represent him. He explained the facls and cir-
cumstances to Edwards and left with the understanding the case would be contin-
ued until sometime in March 1994. Dame stated that Edwards was confident that a negotiation could
be
worked
out and he believed that Edwards would
portion of her medical expense to her
shall not engage in conduct that is preju-
doctor. The complainant averred that the
dicial to the administration of justice.
monies advanced were to be deducted by Trimble from any settlement she might obtain from her legal matter. For his response Trimble stated that Williams came to him one day and
In her affidavit, Mrs. (Hogue) Brand stated that her husband had a daughter, Shirley Renae, by a previous marriage.
Shirley Renae went to prison shortly after the birth of her son. With her permission and consent, Mr. and Mrs. Hogue adopted the son. Subsequently, Mrs. Hogue divorced Mr. Hogue and was awarded
Dame attempted to contact Edwards on
custody of their adopted son. Shirley
seven occasions. When Edwards failed to respond Dame's father sent him a letter. Having received no response, the elder Dame contacted the Court and learned that three weeks earlier Edwards entered
Consent and Annul the Adoption based on the fact that the consent did not comply with Arkansas law in that it failed to state that she had ten (10) days within
Renae then filed a Petition To Revoke
a guilty plea on behalf of his son. The
which to withdraw her consem. As a
judge suspended his license and assessed a fine and costs. This was done without
result of Seays failure to include the
Edward's client's knowledge, consent or
the date of entry of the judgment. For Edwards response, he stated that since he was retained a few days before the court date he attempted to get the matter postponed to allow time to investi-
gate and, perhaps. negotiate with the prosecutor. The case was put off until
early February. Edwards stated that his client initially advised him that he did not want his parents to know about this citation. Therefore, he did not believe it permissible to discuss the matter with his
father. At the time of the court date Edwards had worked out a deal, but was
from Trimble with which to pay her rent. She stated that Trimble also advanced a
state. in part, that a lawyer shall provide competent representation to a client: and,
contact him when a plea bargain had been negotiated. Following the discussion.
authorization. Finally, Edwards sent a letter to Dame wherein he asserted that expungement is available one year from
Ms. Williams stated that Trimble was retained to represent her in legal matters arising from a car accident. Williams was also under the jurisdiction of the bankruptcy court. She continued experiencing financial difficulties and received a loan
required statutory language in the con-
sent, Mrs. Brand stated that she had been forced into lenghthy and expensive legal battles to retain custody of her son causing a financial burden and a great deal of stress. For his response, Seay stated that [he entire family came to his office desiring
to do what was best for the minor child. Seay avers that Shirley Renae had her rights fully explained to her including that she would have ten (10) days to withdraw her written consent. Seay admitted. however, that the written consent did not contain the ten (10) day withdrawal
notice. Seay asserted his belief that the allegations should be denied due to the passage of time and, in any evem, he denied the allegations of misconduct.
advised that she and her child would "be put out" of their home unless she paid the rent on that day. Bel.ieving her to be in great need Trimble advanced the money to her. Trimble also stated that he paid the doctor a consultation fee since Williams was unable to do so, because he needed the doctor's opinion to evaluate the case for settlement and/or trial.
John Frank Gihson, Jr, A letter of reprimand was issued to
John Frank Gibson, Jr. for violation of Model Rules 1.1, 1.3 and 8.4 (d) upon the complaint of Charles B. Patton. These Rules state, in part, that a lawyer shall provide competent representation to a
client; a lawyer shall act with reasonable diligence and promptness in representing a client; and, a lawyer shall not engage in conduct that is prejudicial to the administration of justice. Charles Panon was Gibson's client in two separate criminal trials in Bradley County, Arkansas. In one of the maners,
Gibson was retained by Patton and in the other Judge Stark Ligon appointed him. Following the first trial in which Gibson represented Patton, he was required to file his own Notice of Appeal to preserve his
appellate rights because Gibson would Ii TIt
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