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VOLUME 33, NUMBER 1 PUBLISHER

Arkansas Bar Association

on en s

Phone: (501) 375-4606 Fax: (501)375-4901 Homepage: www.arkbar.com E-Mail arkbar@ipa.net \!ll- \ " \" BAR \',',()(f \TIO\ ~1111

\\ \l.Hkl1Jlll [Ittit' lind, \rkJn"J"

-1.~Ol

EDITOR Adritmre H. Bridm ASSOCIATE EDITOR

Sara umdis EDITORIAL BOARD Gerard F. Glynn, Chair Wiley A. Branton Thomas M. Carpenter Stacey A. DeWitt Morton Gitelman James C. Craves Martha L Londagin Thomas H. McCowan

U.M. Rose - A Biography

II

IDO Vears of Legal Education 12

by Mort Cite/mall

AI Schay Jacqueline 5. Wright OFFICERS President Jack A. McNulty President-Elect Robert M. Cearley, Jr. Immediate Past President Harry Truman Moore Secretary -Treasurer Daniel R. Carter Executive Council Chair Jack Davis Young Lawyers' Section Chair Scott Morgan Exerulive Director Don Hollingsworth Assistant Executive Director Judith Gray

On the Cover: A statue of u.M. Rose, the first president of the Arkansas Bar Association, as it stands in the rotunda of the United States Capitol.

From Fred Flintstone to George Jetson: The Evolution of Law Through Computers 16

by John L. Leifert

---

January I, 2000: Just Another Day at the Office?

EXECUTIVE COUNOl

J. Ray Baxter

by Todd Greer

20

Lawyers Make it Happen

22

William M. Bridgforth Daniel R. Carter

Robert M. Cearley, Jr. Thomas A. Daily John A. Davis, JI1 Thomas F. Donaldson. Jr. Lynn M. Flynn Dave Wisdom Harrod Michael E. Irwin Louis B. Jones, Jr. Thomas D. Ledbetter Jack A. McNulty Mkhael W. Mitchell Harry Truman Moore R. Scott Morgan Brian H. Ratcliff Stanley D. Rauls Sleven T. Shults James D. Sprott Lynn Wl1liams 11It' Arkalls/ls lAwyer (USPS 546-040) is published quarterly by the Arkansas Bar Association.

Periodicals postage paid at Little Rock. Arkansas.

POSTMASTER; send address changes to 111t' Arkansas Lawyer. 400 West Markham, Uttle Rock, Arkansas 72201. Subscription price to non-members of the Arkans.ls Bar Association $25.00 per year. Any opinion expressed herein is that of the author, and not necessarily thai of the Arkansas Bar Association or Arkallsas Lawyer.

Contributions to 11,e Arkansas Lawyer are welcome and should be sent in hvo copies 10 EDITOR, TIre Arkallsas Lawyer, 400 West Markham, Little Rock, Ark.lnsas 72201. All inquiries regarding advertising should be sent to Editor, 11,e Arkansas Lawyer al the above address. Copyrighl 1997, Arkansas Bar Association. All rights reserved.

n,e

Is Your Computer System Ready for the Year 2000?

by Brian J. Sweeney. CPA

24

In ~~Wll• ISSUI' PRESIDENT'S REPORT,

by Jack McNulty

LElTERS TO THE EDITOR

by Don Hollingsworth

by Margaret M. NewfOn

EXECUTIVE DIRECCOR'S REPORT, LAW OFFICE TECHNOLOGY, CLE CALENDAR I SWEAR,

by Judge Vic Fleming

LAWYER DISCIPLINARY ACCIONS IN MEMORIAM CLASSIFIED ADVERTISING/INDEX TO ADVERTISERS

2 3

4 8 30 31

32 42 44

President's Report

A New Judicial Article May Be A Feature of Our Centennial

by Jack McNulty

The A rkansas Bar Association is tOO years old! I hope every

Association member will join in this cenlennial celebration through participation in a variety of

events. activities and projects which will be announced throughout the year.

A project in which you can become involved immediately is our celebration of the volunteer work done by

lawyers. More later about this exciting and important project, "100 Hours for I00 Years." One of the highlights will be our IOOth Annual Meeting in Hot Springs on June 10-13. You will want to be sure to be there.

As a profession and an Association. we have so many accomplishments of which we should be proud. Attorneys in Arkansas have been the defenders of the rule of law and the protectors of individual rights. We have given gen-

by serving on school boards. city councils and other government bodies, by providing erously of our lime and talents

free legal help to the poor and to charitable institutions, and by participating in numerous other public endeavors.

One part of this public service role has been serving as 3n advocalc for needed changes in the Arkansas legal system.

This year our Association, in cooperation with the Arkansas Judicial Council, may very well have an important opportunity to fulfill this advocacy role in a significant way. The Judicial Article of the Arkansas Constitution is older than our Association, and we are constantly reminded by litigation and other news events that its provisions need to be updated to be relevant to the time in which we live.

This Association last allempted these improvements in 1990. after an extensive study and the vote of our House of \~.ll

II. I lIillfr illS

Delegates. The proposal failed by one vote in the 1991 Legislature 10 be one of the three constitutional amendments referred 10 the voters by the Legislature.

There are legitimate differences of opinion regarding the details of such a reform proposal. As was true in 1990. all members of the Arkansas Bar Association will have the opportunity to express their views on this malter. In fact, if the House of Delegates. after input from our members and debate, decides to recommend to our membership that the Association approve, propose or sponsor a particular constitutional amendment. there will be a vote of the entire membership.

The Process: In April 1997. a joint committee of this Association and the Arkansas Judicial Council was established for the purpose of studying the judicial article. The starting point for the committee was Senate Joint Resolution 10 of 1991, the proposal which failed 10 be recommended by the Legislature as the result of the lack of one vote in the House. Senate Joint Resolution 10 was virtually the same as the judicial article proposal which was adopted by our House of Delegates in 1990 and made a part of the Association's 1991 Legislative Package.

The joint committee has completed its study and recommendations. Its report must now be considered and debated by both the Judicial Counc; I and our House of Delegates.

Consideration is being given to a joint meeting of these two bodies. on March 14th. A joint meeting would eliminate the unfairness involved with separate meetings - the body meeting second being under pressure to adopt the proposal from the first meeting. In other words, if both bodies agree that

improvements in the judicial article are in order. it is best that lheir proposals to the Legislature in 1999 be the same.

Membership Vote: If the House of Delegates votes to recommend specific improvements to the judicial article. since amending the Constitution of the State of Arkansas would be involved, submitting the issue to our entire mcmbership and securing the affinnative vote of a majority of our members voting is required by the Association's Constitution. This must be done before our Association could advocate inclusion of the improvements by the Legislature as onc of the three constitutional amendments referred to the voters in the year 2000. Therefore. assuming that the House of Delegates votes to recommend a proposed judicial article, said proposal will be mailed to all members along with a ballo!.

Membership Input: Every member is encouraged to communicate with members of the House of Delegates on this matter. If you need the names of your delegate(s) or a copy of the proposal from the joint committee. just call the Association office after the first of February. Although I do not have the final recommendations of the joint committee as of the time this column was written. the following are examples of what may be the most hotly debated issues by the House of Delegates and the Judicial Council: Merit selection of appellate judges or all judges Merger of law and equity Rulemaking authority of the Supreme Court and the Legislature Some of you may be wondering why we are following such an elaborate and complex process in this matler, especially since our Association studied and pursued a new judicial article in 1990 and 1991. The reason is that the

Constitution of our Association requires that this process be followed, including the requirement of a membership vote before the Association may propose, sponsor or approve an amendment to the Arkansas or United States Constitution. By the way, this membership vote requirement was added to our ConstilUtion after the Association through the House of Delegates pursued the judicial article refonn in 1991.

Whatever the required process, it is most important thai our members be knowledgeable and have input in any proposal which has the potential to significantly affect the system in which we all make our living and determine our values. The House of Delegates exists for the purpose of reflecting your views, so please make those views known to your representative.•:.

Medical Records Review M.D., J.D. with experience in PI and medical malpractice.Will evaluate cases, locate experts, and provide litigation support.

CALL

376-0747

Letters to the Editor The Jonesboro Legal Secretaries Association would like to take this opportunity to thank the following for volunteering their time to leach the National Associalion of Legal Secretaries Advanced Legal Training Course

B. JOROAN, P.A. Attorney At Law Searcy, Arkansas

STEVEN

Dear Editor: It was a wonderful touch to print Judge Andree Roai's wedding picture

in Jonesboro: Your support of our association is

alongside her remarks. As one who was in attendance, I can vouch that

Erma Brady Barbara Halsey DOlln Mixon Bobby Gibson SCOll Wilhite Hon. John Fogleman Michael R. GOll Paul Ford Warren Dupwe Skip Smith Ralph Waddell James R. McCauley Marty Lilly Cindy Grace Thyer Sharon Davis

high time that picture was published

her words were quite moving.

very much appreciated as we continue to educale Ihe legal

support staff in our community in providing the most proficient legal

assistance we can give.

It·s

and The Arkansas Lawyer can be proud to have been the vehicle to finally do

it.

Yours very truly, Steven B. Jordan, Searcy

LEITERS WELCOME The Arkansas Lawyer welcomes reader com~ ments - letters to the editor and any ·'good news." Leiters should oc no longer than 250 words. Anonymous leiters will nOI oc published. TIle editors reserve the righl 10 edil letlers for style, length and cominuily. Advertising rates and infonnalion are available upon requesi.

Letters. inquiries and advertising may be sent to: Adrienne Brietzke. Editor.

Tile ArkaJ/sas Lawyer.

400 West Markham. Lillte Rock. AR 7220 I

501/375-4606 or 8001609-5668 or fax correspondence

(0

501·375-4901

Tbr ,Irk!n!!! L!\\yrr

Executive Dlfector's Report

Membership Increases and Other News

by DOll HollillgslVonh Over 4,000 Members Again. Few attorneys in Arkansas give any Ihought to Ihe Arkansas Bar Association being a voluntary association instead of a unified or

mandatory bar. as is the case in most states.

In a previous column I

highlighted the excellenl work being done by Ihe new Membership Development Commiuee under the

leadership of Price Marshall in Jonesboro. As of January 6. 1998, "e have 4.003 members, and the outlook is bright that we may exceed the all time record of 4,139 members reached in 1992-93. which was the year preceding the last membership dues increase for OUf Association.

In the December 1997 ewsBulletin there was a membership breakdown by each county. along with the out-or-stale

lotal of 479 members. Our Associalion membership is aboul 70% of Ihe practicing bar in Arkansas. which is very

good for a volunlary bar associalion.

legal infonnation provided free to

the public make available to our membership

free of charge products such as Ihe Revised 1997 Guide to Ihe

said the one hour presentation on Workers' Comp was far superior to a for-profit seminar on the same subject which she had altended in her local area

last year. So. it does pay

10

look for our

Arkansas Statute of Limitations

SEAL when one is choosing among the

and the annual Membership Directory.

The First Annual Arkansas Trial Practice Institute will lake place on Friday, February 13, 1998. (For some

ever growing number of ClE providers. Further. we will tell you if lhe Arkansas Bar Association is going

readers, the seminar has already taken

doing so and have no plans for such.

Annual Meeting and Best of CLE. These are two of the best CLE pro-

place.) In addilion to an excellem faculty of judges and lrial anomeys. Ihese are some of the olher highlights: Slate of the Judiciary Address by Chief Justice W.H. "Dub" Arnold Senalor Dale Bumpers is the luncheon speaker (I he luncheon is free but limited 10 first 160 regislrams) BenchIBar Receplion immedialely

to share the registration income with a for-profit entity - although we are not

grams anywhere around - both as to quality and price. But we have other great seminars from which to choose.

following the seminar

See page 30 herein. The 100th Annual Meeling in June will be even more special than usual. I hope to see you there - June 10-13.

Government Lawyers Section.

Several Associalion leaders. including

Mid- Year Dinner of the Arkansas Bar Foundalion for Fellows and

government lawyers. are discussing the fonnation of this section. If you have

their Guests - later in the evening

any ideas 10 share on Ihis subject, please do so. I can put you in touch with the above persons.

Sustaining Member Confusion.

For More Information, Call 501375路3957 or 800-609-5668 Our Association imends for lhe

ernment anorneys. young lawyers who are without any professional affiliation,

Institute to become an annual event with bench/bar relations being a primary theme. Judge Graham Pan low. the

The Arkansas Bar Association now has over 235 Sustaining Members who

and solo/small finn atlomeys whose

Chair of the Arkansas Judicial Council,

income is static or falling. As your Association implements changes to attract these groups of attorneys. we

will give a welcome and overview of bcnchlbar relations. Judicial management of discovery disputes and ethics in

These funds are used for Association activities for which our regular income

need your help. You are the best persons to share with nonmember anomeys that

the courtroom will be IWO of the topics covered by the faculty.

CLE Generally. The Arkansas Bar Association appreciales your support of our ClE events throughout the year.

They are planned by Association mem-

Where we are coming up short are gov-

this Association and its members

produce the best practice handbooks in Arkansas conduct studies/research to improve the law provide the best and most compre-

bers. and any remaining registration income. after expenses and overhead,

hensive ClE in Arkansas lobby lhe Arkansas legislature to

stays wilh your Association for our professional and civic projecls. We wel-

improve the legal system

come your suggestions for improving

strive to bener sociely Ihrough a variely of efforts such as the Mock Trial Program, Disaster legal Assistance Projeci/Hotline. and

our ClE offerings.

n/ Ir~nlillJ~J/r

III 11 II. Il1ill/llllS

One of our younger members paid

us Ihe highest compliment during Ihe recem "Bridging the Gap" seminar. She

annually give $100 to the Associalion.

is insufficient. Our goal for 1997-98 is at least 260 sustaining members.

There is also a sustaining member

category for fellows/members of Ihe Arkansas Bar Foundation. The annual contribution is 50.

10LTA Executive Director. Lisa Melton has left the Arkansas IOlTA Foundalion 10 become the Executive Director of the Texas IOLTA Program.

Many atlomeys in Arkansas came 10 know Lisa through IOlTA or her previous role as head of AVLE. Lisa was responsible for many positive improvements in access to justice in our state.

We will miss her!

Contillued Oil page /8

WHEN YOU THINK OF THE GREAT ARKANSAS LAWYERS OF THE PAST 100 YEARS ...

e

~

1898-1998 ~JV3 oor

•:. U.M. Rose, the first President of the Arkansas Bar Association .:. General Patrick R. Cleburne, the great Civil War commander .:. Edward L. Wright, the American Bar President who was responsible for revamping the entire code of judicial responsibility to make it applicable to modem practice and the rights of the client .:. Joe Barrett and his work on the UCC .:. Henry Woods, and comparative fault .:. Harry Meeks, author of the Arkansas Probate Code .:. Ruby Hurley, a lifelong advocate for her clients despite a handicap .:. Robert A. Leflar, the great legal educator .:. Wiley Branton, Sr. and his civil rights contributions, these are some of the names we think of...

WHAT LAWYERS COME TO YOUR MIND? HELP US WITH YOUR CENTENNIAL CELEBRATION! Now's the time to tell us who or what you know.

Jot down your stories or names of those you think deserve recognition and send them to us for possible inclusion in our 1998 Centennial Celebration.

r------------------------------------------------,

Iyour suggestions:

L

Plense selld YOl/r sllggestiolls: IInmes to be recogllized, stories, nllecdotes, nlld nllY illterestillg fncts from the Inst 100 yenrs to Adrielllle Brietzke, The ArkOllsns Lnwyer, 400 West Mnrkham, Little Rock, AR 72201 or FAX 501-375-4901 for possible illell/siOIl ill 0111' celltellllini celebratioll.

~

.•

.........

For more information about member benefits or programs call Barbara Tarkington (501) 375--l606 or 1-800-609-5668.

CLE SEMI ARS AT R

ueED COST

The cornerstone of an attorney's professionalism is up-to-date information. The Arkansas Bar Association provides the most comprehensive statewide CLE program, and members pay reduced tuition! Over 20 CLE Seminars are produced annually.

AN VAL MEETING. Hot Springs - June 10-13 1998. For CLE, for spouses, for kids, for friends.

BEST OF CLE. Little Rock - June 24-26, & 29-30, 1998.

fhr

\r~ansal

Lanyrr

\01. U \0. I. II iol rr 1995

LEGISLATIVE PROGRAM

You are well-represented on legislative issues affecting the profession and legal system. The Association's lobbyist represents its members' interests in the Legislature.

INSURANCE DISCO

TS

Call Rebsamen at 501-664-8791 for professional liability (5% discount for members) and member group rates for medical, accident, disability and term life.

IN THE ARKANSAS BAR ASSOCIATION HANDBOOKS

PUBLICATIONS FREE TO MEMBERS

• The Arkansas Lawyer • The NewsBulletin • Legislative Summary From the Hill

MEMBERS RECEIVE A SPECIAL DISCOUNT

Ten practice handbooks on CD-ROM from LOIS and in print from this Association. The Handling Appeals in Arkansas was recently published, and an updated version of the Arkansas Form Book will be available in early 1998. Call the Association at 501-375-4606 for print version or call LOIS at 1-800-364-2512 for CDROM. Statutes of Limitations Handbook (June 1997) - Free to Members Only

• Guide to Arkansas Statute of Limitations • Annual Membership Directory

• The Arkansas Law Review • The UALR Law Journal Brochures on Law-Related Topics are available for members to share with clients or civic groups.

.-----------..,

CAR RENTAL

AVIS - for discounts caU 800-331-1212 and give them this number, B-314500.

AT TSAVINGS An arrangement between the Arkansas Bar ALLTEL Mo ILE Association and AT&T provides members with ' - - - - - - -....... discounts on long distance, 800 service, fax and Call 501-661-5853 or 680-5029 for discounts on even residential calls. services and equipment.

Call 800-722-7756, ext. 1486.

CREDIT CARD PROGRAM

•

The MBNA Platinum Plus MasterCard includes a card with the Arkansas Bar Association logo, no annual fee, miles plus option, a low APR, and travel services. Call 800-847-7378.

RETIREMENT

This Association has endorsed the American Bar Associa tion' s program. It offers options, stability, and comprehensive services.

Call 800-826-8901 or visit the website at http://abra.ris.ssga.com

DELIiVERY SERVICE

UPS gives members discounts and quick response time. Call 800-325-7000.

IMPROVING THE LEGA! SYSTEM

The Arkansas Bar Association has historically worked to secure adequate funding of the court system, to revise outdated laws, and to provide needed legal information to the public.

Association members do this through the legislative program, Sections/Committees, Mock Trial Program, Young Lawyers Section's projects, and special studies.

101. ~~ .lo. I/Ilioirr U9S

Thr ,lrkmolI.O\f!rr

I

Law Office Technology

The Joy of Networking

by Margaret M. Newtoll //1 [Izefine tradition ofOlher !lOW-fa reso"rces. "The Joy oj Cooking:' etc., {his article will allempt to give legal practitioners practical solutions to law office problems; i.e.. holV networking can make life ill a law firm eosie!:

"When the receptionist takes a phone message, she just e-mails the message.

I can collect my phone messages from any computer in the office, instead of

experience, that using a network can help a law office run smoother and more efficiently. Nancy noted that the

having to conslanlly check for mes-

needs of the law firm, and being committed to using the technology avail-

sages at the receptionist's desk. When

I'm oul of the office, I don't have INNER路OFFICE NETWORKING A/K/A INTRANET Q. What is a network and why does my finn need one?

A. Networking is simply a way to connect together all the computers you want to include in a group. Once connected together, the net work allows each computer to pass infonnation to

other computers according (0 the directions given.

Bill Rollins of Total Control Software explains thaI networks can be sel lip IwO ways. Bill, who has set up

networks in numerous law offices across Arkansas, customizes bOlh hard-

10

depend on reaching the receptionist or

my secrelary before the switchboard closes to get my messages.

I just use

my PC al home, or my laplop when I'm on the road, to retrieve my messages from the server any time of the day or night."

Jennifer also finds office e-mail to be useful in conferring with other attorneys in her tirm. "Instead of actually getting up and walking to anolher office, I can just e-mail my idea or question to any atlorney in the firm. Email shortens the time it takes to get my message out 10 someone, and the time it takes 10 get back a response."

ware and software to tit the particular

ancy Cole, Dover & Dixon's

needs of each client. "One type of net-

office manager, explains that a network "We helps with secretarial duties. maintain a fonn file on the server. The secretaries can readily copy documents

work requires a 'dedicated server,' which acts as the 'brains' of the network, and is where all the information and software is stored. All actions on the network are routed through the server, and each station accesses the server for stored infonnation. The sec-

ond type of network, called 'peer-topeer' network, does not require a server

and allows each station to link directly with all the other stations."

Once the network is in place, software can be added to the net work to perform various tasks. By having com-

from the fonn file, which speeds up Ihe

key is matching the soh ware to the

able. "If you get software you don'l need, or don't gel Ihe software you do need, you will nOI be happy. Also, even if you do gel Ihe righl kind of program but don't use it, you will never be able to realize the benefit of networking."

Q. in our office, numerous people have to look at a fi Ie. Is there a way to leI all the anorneys, paralegals, investigators, secretaries and bookkeepers get the information they need at the same time?

What about situations where offices in different locations also need access to the fi Ie?

A. J. Gerard "Gerry" Schulze, of Eubanks and Associates, swears by a case management program called

"PiNS" to solve these problems.

"Pi S" ("Personal Injury Negligence Syslem"), created by Chesapeake Interlink, is housed on the firm's net路 work server. "Anyone with a computer, a modem and the proper password can

process. Also, if one secretary is out, another secretary can jump in to help without leaving her own desk and computer. The secretaries can access each

access the system," according to Gerry.

"Any computer here at our main office.

olher's WordPerfect files, so an unfinished document can easily and quickly be finished by another secrelary without physically obtaining Ihe file."

can also access the sySiem from my PC

Ihe HOI Springs office and the Pine Bluff office can access the system.

I

at home, or from my laptop when I'm not in the office."

billing process al Dover & Dixon.

After accessing PINS, the entire file is at Gerry's fingertips. "PINS conlains all Ihe basic info found in the file--the

network itself assists in solving law

Attorneys can either enter their time directly il1lo the billing program or have

names, addresses and phone numbers of all the parties and attorneys.

office problems.

One problem faced by law finns is

their assistants do so.

From there, according to Nancy, the attorneys' lime

Addilionally, paralegals at our firm

taking messages from a steady stream

our clienls, and all medical bills

of phone calls and relaying those mes-

is downloaded inlo a program called Juris. Juris then Saris the billing infor-

sages.

mation according to clients and files,

pUlers lied together in a nelwork, Ihe

lnner-office e-mail solves this

problem, according to Jennifer Browne, an attorney with Dover & Dixon.

8 Thr Irkanml,all)u 101.1l.ln. 1/lIinlrr 1998

Networking also helps centralize the

and produces a completed bill.

Nancy is convinced, from her own

input all medical treatment received by incurred by them." Various screens are also available to document telephone calls made or received, and any work

done on the file by any person. Gerry

nOled the benefil of these screens: "I can be 'up-to-speed' on a file in no time because I know exactly what has been done on this file, and by whom."

Additionally, the nuts and bolts of the file are maintained on the system. Gerry explains the file management aspect of PI S: "All documenls, like the complaint, answer and interrogatories. are scanned inlo the syslem. So are photographs. The scanned documents and photos then can be viewed by anyone from any local ion.

Theoretically, the original file never needs 10 be touched, and we save space by not having to duplicate the same file for multiple offices."

NETWORKING 0 TSIDE THE OFFICE AIKJA: THE ITER ET Q. Where multiple law Finns are working together on a case, is there an easy. fast and cheap way to disseminate infonnalion?

A. J. Bruce McMath, of McMath, Vehik, Drummond & Harrison, P.A., is planning to pUI the [ntemet 10 good use for this very

thing.

Bruce, as co-counsel on several

multiple-Iaw-fiml cases, is developing a password-secure location on the World Wide Web ponion of the Intemel. There, each law finn working with Bruce in the litigation will be able to do lWo things: First, any authorized law fiml can post documents, photographs, or infonnation of any lype lo the site. Keeping olher counsel up-to-date on any number of Ihings, like Ihe slalus of discovery and pending hearings, will save the lime and expense of a letter or phone call to each allomey involved. Second, all the firms will be able to download any information placed on this site 24(1 (Iwenty-four hours " day, seven days a week).

This syslem will be useful when collaborating on drafting documents. Bruce will be able to simply post a draft of a document on the Internet site. The other firms may then download the draft, make changes, and POSI each finn's changes.

From Ihere, Bruce can galher all Ihe changes and incorporate those inlo his document. The time-lag of mailing the documems back and fonh and associaled poslage COSls are eliminaled. Until lhe Inlemel set is fully funclional, Bruce is utilizing e-mail for lhis purpose, achieving bOlh praclical and efficient results.

THE BOTTOM LINE

Q. All this sounds wonderful, bUI isn't setting up a network incredibly expensive?

A. "Prices have dropped to a level where networks can fit into any law firm's budget," says Bill Rollins. The price of selling up a network depends on the networking software chosen, and the number of slations to be connected.

Bill charges approximately $100 per sIal ion to install a network card (the hardware that allows all the computers to communicate with each other) and to "cable" or "hard-wire" the stations (0 fonn a network. The additional amount he charges for installing the nelwork ilself depends on the network soflware chosen by the fiml.

Several software programs are available to run the network. Some programs, like Novell Nelware and Windows NT, require a "dedicated server" in order to work. Other software programs, such as Windows 96, Windows for Workgroups and Lanlasric, allow 'peer-Io-peer' nelworks. Bill advises cost-conscious fimls to consider ut.ilizing a "peer-to-peer" network. "If the network software requires a dedicated server, the fLnn will have to buy a server as necessary equipment. In a peer-to-peer network, no additional computers are needed." However, Bill cautions that how a fiml intends to use a network should be delem1inative of the type of nelwork chosen.

As for whal the future holds, an alternative to "hard-wiring" a network is on the horizon. Bill explains that networks can be created by connecting computers with infra-red beams of light. "The technology is available, but is still very expensive.

Over time. the cost will come down, and the technology will be improved to overcome the present problems associated with wireless networks...·:· Margaret M. NeWlon is {/II attorney with Malfhews, Sanders & Sayes. where she has yel to convince anyone Ihat she, and /lot Gail Marthews, bagged the Gri:zly iI/ Gail's office.

~ 1'he Ilower or !Iemhel'ship

Call Rebsamen at 501-664-8791 for professional liability (5% discount for members) and member group rates for medical, accident, disability and term life.

lOOth Annual

Meeting June 10-13, 1998 •••• Arlington Hotel, Hot Springs, Arkansas

.\nUllillllllllt in~ fo IIIIII it tI I fhilil', ~'l'1ld Il'Slln• ~

I I

I'al.ll .I'a. II1\iRlrr 1998

Thr .\rlmas La\\!rr

WRIGHT, LINDSEY & JENNINGS LLP IS PLEASED TO ANNOUNCE THAT

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101 \'qesr Mountain. Suite 206 Fayeneville, Arkansas 7270 I (501) 575-0808

e~ennia~

r• ~

U.M. Rose (1834-1913) t~ ~ 1st President, Arkansas Bar Association

•

.iI. _ •

• ~ ~

~

1898-1998

~)DJhOOI

Front Cover Uriah M. Rose was bom in Kentucky in 1834 and spent his early years there. He despised his first name, which is of Biblical origin, and almost never used it Perhaps he would have escaped it altogether had David COppet{1e1d, with its contemptable Uriah Heep, been published a few years earlier.

Judge Rose's father, Dr. Charles Rose, had a passion for teaching hi.s children and believed that education should begin in the cradle. Judge Rose once wrote that he could not remember when he could not read and that he had been put to studying Latin when he was five. Dr. Rose, besides teaching his children himself, also employed a private tutor for them; so young Uriah was reasonably well educated when both his parents died within the year before he reached sixteen.

After Dr. Rose's death, the boy obtained work as a deputy circuit clerk, while he continued his studies and began to read law. In 1853 he graduated from the Transylvania Law School only six months after he entered the school. In the same year, at the age of nineteen, he married

Miss Margaret T. Gibbs, and the couple came to Batesville, Arkansas by water - a joumey that took fifteen days. It was the milder Arkansas climate that attracted the

young couple, Judge Rose's health always being somewhat frail.

A small inheritance enabled Rose to spend about two years in the further study of the law before he began a regular practice. His natural ability and his thorough preparation quickly won for him a position of leadership among members of the bar, despite his comparative youth. In 1860, without his knowledge, he was appointed chancellor of the only chancery court in

Arkansas, which exercised statewide jurisdiction. Except for the months while the state capital was at Washington, Arkansas, Judge Rose continued to live in Batesville,

making the two-day trip to Lillie Rock on horseback whenever necessary.

Judge Rose's opinions as chancellor were often adopted on appeal by the Supreme Court. Typifying his style, his justification of the statute of limitations may never be equalled: The statute of limitations is made to cut off stale claims. The law wisely holds thaI there shall come a time when even the wrongful possessor shall have peace; and that it is bener that ancient wrongs should go unredressed, than that ancient strife should be renewed.

Cunningham V. Brumback, 23 Ark. 336 (1861).

After the War, Judge Rose resigned his position as chancellor and entered the practice of law at Little Rock, where he remained until his death in 1913. His family, comprising nine children who grew to maturity, was so large that Judge Rose never felt able to accept pu bl ic office again. For that reason he later declined a federal judgeship and a seat in the United States Senate (then elected by the state legislatures). In 1907, however, he did serve by appointment of the President as a delegate to the Hague Peace Conference.

According to those who knew him, Judge Rose's outstanding physical trait was gracefulness: of movement, of manner and speech. He was best known, however, for his profound scholarship. He had the rare ability to read by the page instead of by the word or line. In his early years in Lillie Rock, he mastered both French and Gennan, learning the pronunciation from European citizens who had come here to live. Thereafter he read widely in both languages. His library eventually exceeded 8,000 volumes, all of which (except for reference books) he had read.

His eager search for knowledge extended to all subjects, with special emphasis on jurisprudence, history, and science.

After Judge Rose's death one of his sons, George B. Rose, published a collection of his addresses in a volume still valued by those having copies. Judge Rose's literary style combined freshness of thought with imaginative expression. His deep reverence for the law appears in an address delivered in SI. Louis in 1902: There never was any system of law that was not better than no law. Fortunately it is self-preserving and indestructible.

Anarchy is for a day; but the law is for all time. Good laws are among the most imperishable of all the creations of man; and Napoleon was right when he said that he would go down to posterity with his code in his hand.

I think that every lawyer toward the close of his career must sometimes feel as if he had always been chasing a rainbow.

Hard as he may have toiled, extensively and patiently as he may have burned the midnight oil, the serene and infinite law defies his puny efforts to fix its limits. to distinguish ils precepts, to define and classify the countless rules and exceptions that go to make up its wondrous fabric.

It is the mightiest creation of the human intellect. It has not been made by anyone man, or by any millions that can be computed, or in a hundred years, or in a thousand years. Beginning as a mere rivulet before the dawn of history it has come down through all the ages, receiving at every step some additional rill or rivulet until it has become a mightly river, and at last spreads out until it presel1ls a shoreless sea.·:·

IDl.ll ,10. IlIfinlrr 1995

Thr ,\r~aHsas 1,3\\!rr

II

f'" One Hundred Years of ~ ~

;,

in Arkansas

~

~

~

L-=;;"::"'=:":"'---'~.

by Mort Gitelman

the law classes because the faculty apparently failed to meet their classes regularly or prepare their lectures. A Board resolu-

As we celebrate the centennial of the Arkansas Bar Association, a look at the

history of legal education in this slate is

tion on Dec. 2, 1891, praised Ihe efforts of Dean Goar bUI declared thai the faculty was not bona fide; the Board also refused to confer the LL.B. degree to two sludents

appropriate.

because of non-compliance wilh

Through most of the years

prior 10 and after statehood in 1836, lawyers studied in law offices and there were no formal schools of law in which sludcnls could learn the substance and

requirements set by the Board.

the

The

Department of Law was dropped from the University catalog.

Dean Goar moved

skills of lawyering. The fomlal study of

from Fayelteville 10 Little Rock in 1892 and Ihe Law Class, which had aboul 20

law begins in Arkansas more than a hun-

students, was reorganjzed under the lead-

dred years ago.

ership of Goar with the idea of obtaining

Sometime in 1868 several practition-

ers in Little Rock fonned a study group

called the Law Class and invited all who wished

10

attend to do so. No record exists

University affiliation.

A year later, in

January 1893, the Board of Trustees resolved that the law school in Liltle Rock be recognized as the Law Department of

concerning the contents of the lectures or if any tuition was charged, or how regularly the Law Class mel, although one report

the Arkansas Industrial University to be operated and conducted on the same basis

states lhal it mel three nights a week.

Some 18 years later, in October 1886, an article in the Arkansas Gazelle slated that the Law Class was seeking sponsorship from the Arkansas University, but apparenlly nothing came of that report.

In 1890 the Board of Trustees of the

cial obligation by the University Board).

University of Arkansas attempted to start a

law school in Fayelteville. A Board resolution established a Department of Law and named a faculty: F. M. Goar, Dean; Judge L. Gregg, B. R. Davidson, R. J. Wilson, J. V. Walker, Professors. This resolution was adopted in March of 1890, and another resolution in December asked for

a legislative appropriation for law books.

The niversity calalog for 1891 lisled the new department and faculty and set courses for a two-year program, but allowed students to take the entire course in one year if they could pass the examinations.

as the Medical Departmem (i.e., no finan-

1995

Dean and the next catalog of the school

listed a new faculty with John M. Rose, John B. Jones, Thomas B. Martin, W. T. Tucker and W. S. McCain as professors.

Carmichael and his associates refused to recognize the appointment of Valentine as Dean, and began to conduct classes al a new location. The Valentine faculty was

left without classes or students. Al the end of the year the Board of Truslees capilulated, naming John Fletcher, an associate of

Cannichael was formally named Dean

Rock. The 1893 University catalog lisled the Law School faculty in Little Rock as: Frank M. Goar, Dean; Thomas B. Martin, George B. Rose, Wilbur F. Hill, Morris M. Cohn, Professors. Martin, Rose, Hill and

wilh the privilege of selecling his own faculty.

Cohn were all well-known practitioners in

Little Rock. Thirty-six studenls enrolled in 1893, and the first class of 8 graduated

Fletcher

resigned

the

deanship

and

John Carmichael was a dominant

force in legal education in Little Rock from 1894 unlil 1950. He did not brook interference with his control of the law school. From the time he was named Dean in 1900 there was hardly any contact

in 1894, completing their studies in one

between the law school and Ihe University

year. The graduation address was delivered by U. M. Rose. By 1897, Professors Martin, Hill and Cohn had been replaced

by John Flelcher, J. C. Marshall, and John H. Cannichael (who had been in Ihe firsl class 10 graduate in 1894).

In 1898 political controversy engulfed

administration, and neither the University President nor the Board of Trustees had any voice in law school affairs. From

leave of absence to campaign for Altomey

I/lliolrr

April of 1898, while campaigning in Madison Counly, Frank Goar suffered a stroke and died in Humsville. In June the Board named Judge Mark Valentine as

custody of the new department al Little

General, leaving the operation of Ihe law

101. ~~ \0.

gold, crown of thorns" views. Jeff Davis, later to become Governor, was elected. In

Cannichael, as Dean and Cannichael as Assistant Dean. Within less than a year,

later, the Board of Trustees discontinued

Tbp ,lf~aRll! Lall)pf

Grover Cleveland and the gold standard or William Jennings Bryan and his "cross of

The Board also turned over all books, papers and other property of Ihe shortlived Fayelteville law depart men I 10 the

In Ihe 1890-91 academic year, seven students enrolled in the law course. One year

It

school in the hands of John Carmichael who was named Acting Dean. The campaign for Attorney General was a hOI one, with the five candidates espousing either

the law department.

Dean Goar took a

1910 to 1913 Ihe Board of Trustees attempted to regain control of the law school, to no avail. [n 1913 the standoff came to a head. In January the Board of Trustees directed that all reference to the law school in the University catalog be omitted. And in June, when John C.

Legal Education FutraJl was named Acting PresideIll of the University, the Board ordered its secretary

to infonn Dean Cannichael that after the 1913-14 academic year the use of the tenn "University of Arkansas" in connection

with the Law School would not be penn itted.

The Board also adopted a motion the

early 1960's. John CamlichaeJ was Dean until his death in 1950, when he was succeeded by William Nash. Cannichael also continued to practice law through those years.

the Law School after the session of 191314 should be notified that they would not be entiLlcd to degrees from the University of Arkansas.

In June of 1915 the Board of Trustees

In the years immediately following World War I, the student body in Lillie Rock averaged about 50 each year with half in the senior class and half in the junior class. By the early 1930's the Arkansas Law School had graduated about 250 students. Starting in 1917, an annual yearbook picturing the facuity ,md student classes was published. In 1921, the tuition

made an auempl at reconciliation and set

for each of the two years of instruction

up a committee to devise a plan to bring

was $100. One of the faculty members at Arkansas Law School was George

following year that all students entering

the law school under the control of the board. The cOl11mil1ce recommended lhal control meant that the faculty was to be

appointed by the board with the advice of the President and the Dean, admission

standards were to be prescribed by the board, graduation was to be based on at

least two full years of study, part of the leaching was to be in the daytime, law

school funds were to be University treasurer, and were to be determined Cannichael immediately

handled by the tuition and fees by the Board. responded that

there was no use to pursue any further

3ucmpt to consolidate the law school with

the University, and that was the end of the matter.

In later years John Futrall, as

President of the University of Arkansas, refused to recognize pre-1915 graduates of the Lillie Rock law department as alumni of the University. In 1931 Dean Watennan successfully established the alumnihood of those persons, numbering 367, over Futrall's objections.

The law school in Lillie Rock was

was added in 1925, and a fourth in 1926.

A chronological list of faculty from 1924 to 1961 can be found in Robert A. Lenar's "Legal Education in Arkansas: A Brief History of the Law School," 16 Ark. L. Rev. 191, 212 (1962). In 1926 the school was inspected by the American Bar Association and received an A rating; in

1927, membership in the Association of American Law Schools was granted.

Tuition at the University law school in

1924 was $60 per year. The first graduating class in 1927 numbered ten men.

From 1924 to 1930 the enrollment averaged about 30 students: after 1930, the enrollment steadily increased.

At the

height of the depression in 1934 there

Vaughan, who had graduated from the law

were 124 studenls at Fayetteville and

department in 1898 and was practicing law in Lillie Rock with William H. Rector. In 1929 he left Little Rock and became a pro-

slightly fewer each year, until World War n, whcn the enrollment dropped precipitously, although classes continued through

fessor at the University law school in Fayetteville where he remained a faculty

the war years. After the war enrollments increased, reaching a high of slightly more

member until 1942. As far as can be detennined, Vaughan is the only person to have been on both faculties.

From 1915 until 1924, the Arkansas Law School was the only vehicle for for-

than 500 students in 1982. when the faculty and Board of Trustees resolved to scale back the size of the student body to no

mal legal education in the stale. On April

14, 1924, the University of Arkansas Board of Trustees approved plans for a law school at Fayetteville. The plan called for classes to begin in September 1924 and it stated several conditions, including that

the Law Department shall be of standard

more than 150 first-year students each

year.

In 1996-97 the law school cut the

number of first-year students to around

135. The total student body today averages 400 at anyone time.

The Arkansas UIW School in Little Rock remained strictly a night school staffed by practitioners and unaccredited by the American Bar Association for many

renamed Arkansas Law School and was chartered as an independent institution.

The Arkansas Law School was a night

Classes began on schedule III September with 34 students enrolled and a

school staffed by practicing lawyers and judges in Linle Rock until its demise in the

faculty of two: Julian Waterman and

years. After the death of John Carmichael in 1950, the school began to decline steadily in its enrollment. In 1965, a number of prominent Linle Rock practitioners undertook to bring the Linle Rock school under the wing of the University, and the reconciliation sought by the Board of Trustees in 1915 and vehemently rejected

by Camlichael finally became a reality in 1966.

That year the University of

Claude Pepper. A third facuity member

Continued on page /4

grade and shall meet the requirements of the Association of American Law Schools and of the American Bar Association, that

high school graduation plus some college work

be required for admission, and that

three years of study be required for graduation.

luI. U110. IlIliller 1998 Thp ,Irkmal La\l!Pr

Il

The University of Arkansas School of Law,

Fayelteville, Arkansas

Continued from page /3

periodically conducted by conference lele-

Arkansas took over the Little Rock school.

phone facilities and occasional full-scale meetings either in Fayetteville or in Little

Unli! 1975 Ihe school in lillie Rock was considered a division of the Fayetteville

law school with a single Dean, Ralph C. Bamhan, presiding over both operations.

The faculty al Linle Rock was gradually increased in size to meet the needs of a full evening curriculum and there was a con-

siderable interchange of faculty bel ween the two schools.

Faculty meetings were

Rock. S,udents who graduated from the Lillie Rock division from 1968 to 1975 received a diploma from the University of Arkansas. Their names are incised in a special section of the Senior Walk on the

Fayeneville camplls.

In 1969 the University of Arkansas took over the independent Linle Rock

University (fonnerly Lillie Rock Junior College) and became a system with five campus facililies (Pine Bluff, Monticello, Lillie Rock, Fayeneville, and the Medical Center in Lillie Rock). In 1975 the Little Rock division of Ihe Universily of Arkansas became independent and affiliat-

ed with the Un;vers;ly of Arkansas at Linle Rock (UALR). The Lillie Rock school acquired its own Dean and its faculty was

officially separated from the Fayeneville

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Thr .Irkanml,a\\)rr

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The University of Arkansas School of Law, Little Rock, Arkansas

school (although periodic exchanges of faculty continued and still continue). A full-time day program was instituted at UALR in 1977 and American Bar Association approval was granted, with membership in the Association of American Law Schools following in 1978.

The University board of trustees oversees both schools, as does the president of the

University.

Since 1975 the number of graduates from the two schools has averaged 200 to 250 each year; currently, the law school in Fayetteville graduates approximately 120 students each year and the law school in Little Rock about 110.

In the early 1980's questions were raised by legislaLOfs and others about the efficiency of having two statc-supported law schools in Arkansas. The Arkansas Bar Association created a special committee composed of past presidents to study the issue. The report of the special committee issued in 1984 recommended the retention of both schools. The facts gathered for the report supported the conclusions that the number of lawyers per capita in Arkansas is among the lowest in the country. and that a high percentage of the graduates of both schools readily find employment. The report also stated that the cost of maintaining the two institutions is not excessive and thai combining the two schools would not effectuate any substantial savings to taxpayers. The "two law schools issue" has continued to be asserted periodically, but the basic findings of the 1984 report have held up. Both schools meet all accrediting agency criteria, offer full curricula and a full range of co-curricular activities such as law review and moot and trial court competitions.

Although some friendly rivalry exists between the two schools, both have fine reputations and faculties of high repute.

The Board of Trustees of the University

has consistently and firmly taken the position that the two law schools meet the needs of the state in an efficient and economical manner and lhat bolh schools should be retained into the foreseeable future.·:·

Mort Gile/man is a Professor al Ihe University of Arkansas School of Law ill Fayetteville. Arkansas.

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Ten practice handbooks on CD-ROM LOIS and in print frOl11 this Association. The Handling Appeals ;'1 Arknll5as was recently published, and an updated version of the Arkansas Form Book will be available in early 1998. Call the Association at 501-375-4606 for print version or caU LOIS at 1-800-364-2512 for CD-ROM. Statlltes of LilllitatiOlls Hallrlbook (June 1997) - Free to Members Only from

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Thr .Irk!os!s L!\\!rr

I~

From Fred Flintstone to The Evolution of Law

o L-=':;';..::..c==--,

~JD:il DOT

by John L. Leifert I TRODUCTION Changes in the high-tech world of

computers are having a greater impaci in the practice of law today than any other

innovation or advance in society has had ever before. And this will continue as this technological procession goes forward

into the (wenly-first century. Thus, in order for lawyers to simply keep pace with each olher so as to survive professionally, lawyers must "evolve" as has never been required before.

To simply stay anoat on the buoy that computer literacy and technological innovation provide. among the hungry sharks of competition, lawyers mllst rethink the practice of law and rediscover how to operate a successful legal profession.

OFFICE MANAGEMENT As with any business, high costs hurt a lawyer's ability to compete and earn profits. The more efficient a lawyer can work, the beller able he or she is to concentrate on the law and stay in business.

Perhaps the greatest expense to any lawyer is rent or other costs associated with the use of space. Vast amounts of storage space are needed to keep paper (hard copies) of documents and files.

Without advocating the elimination of paper as the medium for the actual practice of law Gust yet), it is simply impractical and inefficient to store hard copies of inactive materials.

Not only is the cost of keeping these materials too great, especially considering their dubious usefulness, but anyone who has dealt with great collections of paper documents knows that it is very difficult and often nearly impossible to adequately keep track of or find specific documents as

16

Th/ ,Irkansas Law)er

I'nl. llln.I/ll'inler 1995

they are needed.

AI the very least, documents that must be kept in paper fonn will be organized by each individual document on software created to achieve this goal. In this way, the existence and precise location of each piece of data is accounted for. Entering all this infomultion is still very expensive as it requires a great deal of man-power.

Files can be stored electronically on CD-ROMs (compact disk-read only memory) for practically no cost. More and more memory can be preserved on smaller and smaller disks.

Today, the cost of the man-power needed to organize all of a lawyers closed files is now becoming a reality. With the drop in the cost of scanners, they are quickly becoming a common tool and a tremendOlls asset in tenns of organization of files.

used documents that allow the lawyer and co-workers to simply plug in infonnation.

This allows the lawyer's time to be more efficiently used in editing and reviewing better work products.

Everything from letters to briefs and memos can be based on templates so that necessary specific information can be entered in order to shape a document.

A sequence of actions can be recorded as a macro and played back so as to allow a set of commands to be executed at the stroke of a key.

Voice recognition can currently be used in order to facilitate the use of computer applications. On the not-tao-distant horizon we can expect hands-off computing.

"Ubiquitous computing," where everyone carries around a clipboard sized computer for constant use is also in the near-future.

DOCUMENT PRODUCTION In the last generation (which is not entirely behind us), legal documents were handwritten or dictated to an employee and then reproduced on a typewriter; "white-out" was a necessary toot of the trade.

As document creation and production advanced, bener fonlls of dictation and word processing developed.

But the way in which legal documems can be crCaied today and will be created in the near future is a far cry from what now looks like the stone age.

Computers allow lawyers to create documents in less time than it used to take to produce a rough copy for an employee to type. And with operating systems such as Microsoft Windows, attorneys can manipulate more than one document at a time right on their desks; and end-products of this effort look better than final documents in the past generation looked.

"Templates" and "macros" allow lawyers to set up customized, commonly-

COMMUNICATIONS Instead of stacks of mail and piles of publications, eleclronic communications will ride the wave of the future and lower the tide of paper that drowns lawyers.

Electronic comJl1unications will obvi路 ate the need for massive amounts of paper, whose usefulness is limited to what is written only one time. E-mail and modem communication can virtually replace conventional mail the way conventional mail replaced the Pony Express and impact on voice telephone communication the way telephones in the home and direct links lessened the need for operator-assisted calls.

Clients can send and receive documents and updates electronically: other lawyers can do the same with infomlation which may be useful to fellow lawyers.

Courts can send notices to lawyers; and lawyers can file "papers" from distant locations.

All this in "real time," without lags in time between infonnation being sent and

George Jetson: Through Computers received, and without concerns about postage or the clutter of piles which raday's anomey cannot seem to avoid; imagine a lawyer's desk without a single piece of paper.

Lawyers can now receive publications through the computer on-line for negligible cost. Also, as on-line services grow and their prevalence increases, there is no reason not to believe that information

today retrieved from LEXIS-NEXlS or West law at unaffordable rates will be within every lawyer's budget.

Similarly, lawyers can provide "brochures" to prospective clients and the public electronically as well.

Inexpensively, lawyers will advertise themselves, publicize their accomplishments, and educate others.

APPEARA CES AND MEETI GS Lawyers sell their time. And the more time they can use efficiently, the morc

work they can get done and the less inefficiencies must be passed-on (0 clients.

Much of a lawyer's time in the courthouse is spent with unproductive waiting. With

access to on-line services at the courts, attorneys could plug into their offices and do work while away from the office, a much more efficient use of that time; courts are ideal places to install such services.

But, this "remote efficiency" is equally viable everywhere else, too. As technology advances, the lawyer's value while he or she is away from the office will increase.

However, this does not necessarily imply that this time away from the office is only time spent at the court or at meetings; the mobility of the lawyer does not limit his or her ability to plug into the office from home or the beach.

Also, holographic imaging can replace many of the appearances and meetings to which a lawyer must today travel an inefficient amount of time. Much of what is today done in person may be able to be accomplished from distant locales in the immediate future.

This will also facilitate meetings between the attorney and client. Clients will no longer be limited to consulting lawyers in a particular geographic location.

COURT PRESENTATION A world of opportunity exists to apply computers to litigation and court presentation. From instantaneous retrieval of cases and information to use of intricate graphics, a wealth of applications are available, both for the allorney and the court to employ.

In the OJ. Simpson trial, we saw a glimpse of the extent to which computers will invade the courtroom. Throughout the trial, Judge Ito presided over the case with two laptop computers on the bench with him. In the future, these will not be laptop, portable computers; but rather, the bench will be equipped with a computer workstation, which will be a necessity in the future for trying a case. And this will affect the lawyer in his or her ability to use this additional resource and information to his or her client's benefit. Judges can be more certain of their rulings as they have caselaw at their fingertips. No longer will a judge need to hesitate, in a ruling, or reel they are making a rush to judgment.

COl/til/lied all page /8

DAILY, WEST, CORE, COFFMAN & CANFIELD P.LL.C. ANNOUNCES THAT THE NAME OF THE LAW FIRM HAS BEEN RETURNED TO DAILY & WOODS WHICH WAS THE NAME OF THE LAW FIRM BETWEEN ITS FOUNDING IN 1919

BY HARRY P. DAILY AND JOHN P. WOODS AND 1970, WHEN IT BECAME DAILY, WEST, CORE & COFFMAN It Is now AProfessional limited Liability Company THE LAW FIRM CONTINUES TO PRACTICE LAW FROM OFFICES LOCATED AT 623 GARRISON AVENUE, SUITE 600, FORT SMITH, ARKANSAS 72901 TELEPHONE: (501) 782-G361 FACSIMILE: (501) 782-6160 THE PRINQPALS OF THE FIRM ARE: BEN CORE WYMAN R. WADE, JR. JERRY L. CANFIELD STANLEY A. LEASURE THOMAS A. DAILY DOUGLAS M. CARSON ROBERT W. BISHOP ASSOCIATE: TODD P. LEWIS OF COUNSEL: JAMES E. WEST 101. Ulo. I/lliolrr 1995 The .lrkaDsall,lwyrr

11

Conti"ued/rom page /7 BILLLNG Of course, the major reason most altorneys practice law is to earn a living.

Making one's practice more efficient and improving one's ability to practice law can indirectly reap great financial benefits.

Not only can a computer system perform accounting functions and act as a time-keeper, but it can justify the allocation of time to each legal function.

Connected to the phone Iines and the computer functions around which a lawyer's practice revolves, time spent on each act iv-

ity can be aUlomatically associated Wilh lhe billed aClivily ilself.

CONCLUSION In order to keep lip wilh their colleagues, 1110S1 lawyers today keep abreast of technological advances. Computers are changing the practice of law at a greater pace than at any other advancement time ever before. In order to practice law efficiently, computers must be integrated among attorneys resources. But, even more important than being efticient, lawyers must be able to converse in what

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is becoming the universaJ language in order to compete.•:.

101m Lelferr wrote this arricle while he was a law student at the Stare Unil'ersity of New York i/l Buffalo. He is currently a/l associate with fhe law firm of Silk, Bunks & Slick/e.

Executive Director...Cont;'llled from page 4

Fortunately, lhe Arkansas (OLTA Foundation has found a worthy successor in Susie Pointer. Prior to her recent work at the Arkansas Department of Higher Education, Susie was well known to attorneys as the Assislam Dean at the UALR School of Law and as an anomey in private practice. Susie started work as lhe new Executive Director in late December.

MBNA Credit Card. Several hundred members received telephone solicitations from MBNA last fall. Due to complainls from members, we had MBNA tenninate the telemarketing calls. Members may still receive mailings about the card, and the best way to know it is our endorsed card is 10 look for our name and seal. If you are like me, you wind up on other lists and receive leuers and phone calls in regard to similar MBNA cards.

Unfortunately, there is little that can be done to eliminate the above confusion.

But we have stopped the lelemarketing calls for the Arkansas Bar Association's MBNA card. Further, some of you will like the MBNA card. See page 7 herein for more details.

Come See Us. Every week I see a member who has never visited our office at 400 West Markham, which is next door to the DoubleTree Hotel. You are welcome to drop by for a visit. You may want to take advantage of a special member benefit by reserving our conference room for a deposition or other case related meeting. A number of non-central Arkansas members do so, especially since we are just across the street from the Pulaski County Courthouse and the new U.S. Bankruplcy Court, and we are within several blocks of the U.S. District Courts and many law firms and government agencies. To reserve the conference room for a client matter or a comminee meeting, a member must call our office.·:·

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III. Il II. I/Willlr illS

TR

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Il

Technology and the â&#x20AC;˘ Millen lum January 1, 2000: Just Another Day at the Office~

by Todd Greer It's January 2000. There's no food in the refrigeraroT, bUI you're not sure you

can get

10

Ihe local grocery store.

one of

the tmffic lights in your lown are work-

ing-for that matter. neither is your car (which is controlled by a dashboard compUler). You can't use your credit cards to pay for the groceries or your ATM card 10 gCI cash. A run on your bank has put it on the verge of collapse, and in any case, it has no record that an account in your name ever existed. On the bright side. you're 1101 planning to pay any income tax.

In the past few weeks, there have been several airplane crashes and one nuclear

accident, but you don'l know anything about these: your television and radio aren"( working.

Outside, you hear shouling.

one of

the welfare recipients in your city have

received Iheir checks. and Ihey're growing increasingly restive. You pick up the phone to dial 911. But. of course. there's no dial tone. 1 The above scenario has the navor of a futuristic novel, but it actually represents a segment of worst-case possibilities imagined by several "Year 2000 Computer Crisis" authorities.

Although the entire

scenario is nOI likely to unfold exactly as

!O

Til IrlllSlJ Lillyrt Iii. ii II. IllIill,r 1m

written, there is an element of real ism involved in piecing togelher Ihe chain of events. This article lakes a serious look at

the potential year 2000 debacle from a la\\yer"s perspeclive and explains why it is

likely to affeci you regardless of your area of practice.

ovens, contain microchips that have program sequences encoded in them. Many of these microchips are "date aware" and will have similar failures to the software programs. Companies in large office

buildings have already discovered elevators thai failed 10 operate when the dates on their control panels were set forward to

What is the year 2000 problem?

Thirty 10 forty years ago, com pUler memory and storage was expensive so programmers sought every means possible for minimizing (heir programming code.

Simply staled, the year 2000 problem (commonly referred to as "Y2K Crisis" or Ihe "Millennium Bug") exists because of a formerly accepted programming slandard in which programmers would represent dales wilh only six digils, leaving out a

the year 2000. Understandably. the number of microchips that exist loday adds 10 the difficulty of assessing Y2K exposure.

While the defect is easy enough 10 understand, the problem (and the publicity surrounding the problem) exists because Ihe defecls are not so easy to find and fix.

This is primarily because there are endless possibililies for the arrangement and use of date funclions in programs, requiring a review of each line of programming code

century designation (e.g.. January I. 1998. would appear as 01/01/98. ralher than 01/01/1998). Often. Ihey programmed the

and a revision of offending code 4

syslems to always assume Ihe century to be the 20th when a date was encountered.

As a result. when a century-ignorant pro-

incredibly time-consuming and expensive.

gram is passed a date beyond the year 1999. it will conclude that Ihe referenced dale is from the 1900's because il has

ed that 90% of all compulerized applica-

The

number. size. and complexity of programs

Ihat exist insure thai the task will be The Gartner Group (the premier research finn on Y2K issues) has estimat-

never been "taught" how to process the

lions likely will fail without correclive measures. 5 Funhenllore, several experts have estimated that there are approximate-

cenlury (e.g., January I, 2000. will be interpreled as January I, 1900, because the

muSI be reviewed and repaired at a cost of

system would interpret Ihe value it

received. 01/01/00, as 01/01/1900).

Unfortunately, when many programs were upgraded, they were nOI changed to handle cenlury manipulation.2 Accordingly, it is

ly 300 billion lines of code worldwide that $1 -$2 per line (for a lotal of $300 - ¡600 billion}-more than Ihree limes Ihe 1995 federal budgel deficil. 6 It is not unusual for a medium-sized business to have in

common for programs to have some level

excess of ten million lines of code.

Impeding the resolulion of the prob-

of century sensitivity and this design defect can produce wildly unprediclable

toward the problem: apathy and negieci

results}

Incidentally. one generally Ihinks of software when the word "programs" is used, bUI it is imponant to realize that com pUler hardware and countless machines. from automobiles to environmenial control systems 10 microwave

lem is the lack of awareness of or concern are the nann. The reality is that all businesses and individuals have the polential

to be affected adversely regardless of whether they have inlegrated lechnology into their own operations. For example, relailers depend upon others in Iheir pro-

duction and distribution chain and if any

segment of the chain is crippled by a system malfunction, the remaining segments

may be crippled as well.

Similarly, if your c1ienls have not sufficiently addressed Ihe problem, Ihen your bottomline may be affecled by Iheir inability 10 conduct business and pay their legal fees.

There are already numerous reponed

ming projects are not completed on time!3 and it is easy to understand how compa-

the combined legal costs associated with Superfund environmental litigation,

nies thai choose nOI to address the problem

asbestos litigation. and the lotal annual direct and indirecl COSIS of all U.S. civil Iitigalion. IS Is there any doubt that the issue demands Ihe anent ion of all of us?

To be certain, il is an unusual one in mal it lranscends all types and areas of practice.

until "Iater" are at serious risk.

If you are not convinced thai the problem is potentially a serious one, you need

only look to recenl dala published about our

federal

and

state

governments.

instances of computers producing unexpected results when they encounter the

According 10 Ihe December 12, 1997,

It demands our attention because our own

Armed Forces Newswire Service bulletin,

year 20007 and these inslances are expect-

14 of the 24 major federal agencies, including Ihe Penlagon and the Departments of Labor and Energy, are not on Irack to fix their Y2K problems. At ils currenl rate of progress, Ihe Depanment of Defense is not on larget 10 complele the overhaul of ils 3,200 mission-critical systems untillhe Year 2012. It has a tOlal of 25,000 different syslems, anyone of which could bring down crilical opera-

practices could be at risk if (I) our systems, (2) our c1ienls' syslems, or (3) our

ed to increase at alanning levels over the

next couple of years. Expens have estimaled that of Ihe 30,000 mid-size businesses in the U.S. (1,000 10 10,000 employees) 5% to 7% will go out of business, possibly enough 10 cause a recessian. 8

Furthermore, the Gartner Group

has determined that more than 80% of all companies will experience Y2K-relaled system failures and 30% will have failures

tions.

in mission-critical systems because they

A recent USA Today survey of federal

ran out of lime 10 fix Ihe problem. 9 Underscoring the urgency thai companies addre S and remedy Ihe problem soon is the fact that the real deadline is December 31, 1998. There are several reasons for this lO but the most obvious is Ihal companies need 1999 to test their modified systems and make any necessary adjust-

agencies and 50 state governments pro-

fail, and air traffic control systems are "al high risk of system failure." The U. S. Treasury has upgraded only 17% of its 300

ments. 11

mission critical systems and is planning to

It is imponant to realize Ihal Ihe longer companies wait to address the problem, the less likely thai there will be knowledgeable personnel available to Ihem.

There is only a finite number of individuals that understand and can remedy the problem; their time is becoming increasingly scarce and their prices increasingly high. 12 The Information Technology Association of America released data in

February of 1997 that Ihere already were 190,000 vacant lechnology jobs at medium to large U.S. corporations. Pair that infonnatioll with common industry knowl-

edge Ihat a large percenlage of program-

vides equally stanling facts and stat istics. 14 Pentagon weapons may malfunc-

tion, the IRS may improperly process taxes, nuclear plant security systems may

spend approximalely $1.2 billion; the Depanment of Transponalion has only addressed 7% of its 516 mission critical syslems. 15 As for the Slate of Arkansas, we have completed just 10-20% of our $30-$50 million projecl. 16 What are the year 2000 issues facing your clients?

Recently, an expen on Year 2000 liability told Lloyd's of London underwrilers that the litigation exposure from claims likely will exceed $1 trillion dollars.!7 This figure is consistent with other Y2K pundits' estimates and could be larger than

clients' suppliers' systems or customers' systems afe not "Year 2<X>O Compliant."19 Depending on your practice. it may even be incumbent upon you to wam your clients of the issues involved and prescribe

steps for them to take to avoid claims, reduce their risks, or mitigate their poten-

tial damages. A survey of some of the potential Y2K-related issues Ihal your c1ienls may face follows.

Director/Officer Liability It has been said Ihat lawyers are aClually slobbering al the prospect of Y2Krelated shareholder suits againsl direclors and officers. 20 Director and officer liability primarily will result under two theories: (I) directors or officers will neglect or

improperly address the problem, thus causing liabilily to shareholders under a breach of fiduciary duty, or (2) they will not make adequate disclosures regarding the existence or anticipated costs of the problem resulting in fines and investor claims.

Labor and Employment Issues Your clients will have varying degrees of complexity of systems, but Ihey generally will be categorized as in-house developed or vendor developed. In-house developed systems are those that were produced by individuals on the payroll al the time; vendor-developed systems were creContinued Oil page 24

1'01. U\0. I/1Iilirr 1995

nr ,Ir~al\lll.all!rr

tl

lAWYERS MAKE IT HAPPEN...

Lawyers are too oftell the Imsu11g heroes in 11101/)' of the communities in Arkansas. As part of our Centennial Celebration. TIJe Arkansas Bar Association hos implemented a project, "/00 Hours for 100 Years." to give the public a more realistic image of our legal community Gild their consistent voll/nteerism. But we need YOllr help. By participating ill lite 100 Hours for 100 Years" project this year, all of us can take par' ill recognition of our profession's comrihuriolls 10 Ollr communities and o"r stare.

We want to show thar 1/or ollly can lawyers make it happen路 hut they've been making it happenjor years.

0;

ATime to Celebrate...

by President Jack A. McNulty Happy 100th birthday to all of us Arkansas lawyer Association Members!

In 1898 the Arkansas Bar Association

know who and what come to mind

Strangely lawyers do not get much credit

when you think of the great Arkansas Lawyers (past and present). You will also be able to pur-

of the profession.

those lawyers who give 100 hours of free community selVice by awarding these volunteers a Centennial Community Service Award. All lawyers are encouraged to submit the form on the opposite as soon as 100 hours are completed dur-

magazine.

An all out effort to enhance the image of the lawyers through education is planned. TV and radio spots; sponsorship of the Mock Trial pro-

integrity, learning, competence and public service on the part of those of us engaged in the practice of law. These lawyers understood that this structure would provide a forum for the discussion of subjects pertaining to the practice of

law (a precursor to our CLE) and they recognized their obligation to provide, and continually improve, legal selVices to our citizens. One hundred years ago

they talked about the honor and dignity of lawyers and the importance of professionalism and civility.

I suggest that the years have validated the wisdom of our Founding Fathers and that although much has changed, much remains the same, and much more needs to be accomplished. I 3m so proud to

gram; essay and poster contests;

Civic club speeches; "Did You Know" columns which will be disseminated to newspapers around the state and a centennial Home Page on

the Web are among the ways planned to educate the public.

Our lOOth Annual Meeting will be spectacular, I promise you. Plan to record your "Moment in History" and participate in an aerial photo

which will be taken on the steps of the Arlington Hotel.

Our year of celebration will close

with a gala Barrister Ball.

Arkansas Bar Association. I am excited

plans

being

made

by

the

Centennial Celebration Committee to make this a meaningful year of celebration and recognition of accomplishment, and I want to share some of the commit-

ing 1998. The following activities are not considered volunteer community service: Bar Association work other than as described above (unless authorized in advance by Executive Director), any

activity that is part of a regular employment duty and legal work for family members or law fiml.

All lawyers receiving the Centennial Community Service Award will be recognized by the Arkansas Bar Association and will, in addition, receive the Governor's Volunteer Excellence Award

presented by the Arkansas Office of Volunteerism.

The Arkansas Bar Association will

Please join me and the Centennial Celebration Committee in our efforts to make 1998 a memorable time for us all.

serve as the IDOth President of the about

Arkansas Bar Association will recognize

sage in the Centennial Issue of the

was fOnllally organized by farsighted

to foster and maintain high ideas of

During 1998, the

chase space for a personalized mes-

lawyers who recognized the need for a statewide structure to advance the administration of justice, to aid the courts, and

for volunteerism, yet it is an integral part

100 Hours for 100 Years...

by John P. Gill To celebrate the Arkansas Bar Association Centennial, the IDO-year tra-

also encourage non-lawyers to volunteer their time in the communities, just as

lawyers have done for the past 100 years, by publishing public selVice announcements during the Bar's Centennial. In cooperation with the Arkansas Office of Volunteerism, lawyers are asked to give particular attention to Arkansas' "Promise to Youth," a major volunteer mobilization and focus shift by everyone to help assure access of five fundamental resources 10 Arkansas' 20,000 under-

tee's plans with you: "100 Hours for I00 Years" is a pro-

dition of community service by Arkansas

ject planned to celebrate the service lawyers in their community.

lawyers will be recognized. Throughout this century, lawyers have rolled up their

The four 1998 issues of The Arkansas Lawyer, plus a special

sleeves to serve their communities. The

also be used to recognize past and

- you name it, lawyers are doing it.

present

Arkansas

times past, lawyers have given their time

lawyers and their accomplishments. I encourage you to participate by letting the Association staff

freely to their communities, because the

lished by Governor Huckabee to implement the President's Sttmmit JJl Philadelphia this year chaired by General

very nature of their profession is to help

Colin Powell. .:.

"100 Hours for I00 Years" project will commemorative Centennial Lssue, kick off another 100 years of service to will be dedicated to the history of boy scouts, church boards, little league the Association. This vehicle will coaching, free representation of the poor outstanding

In

others. Today it is called volul1teerisI11.

served youth.

These

fundamental

resources are a caring adult, safe places,

a healthy start, marketable skills, and the opportunity to give back. Jack Lassiter has been appointed by ABA President Jack McNulty to serve on the Arkansas Promise Executive Committee est.ab-

,!--------------------------------------------------I I I I I

100 HOURS

X

FOR

100 YEARS

~

'"

'" C)

("">

~.

1898-1998 GL-_..,.-

'"i;.

--J;>

~1V3 oar

Complete this form and return it to the Arkansas Bar Association when you have completed 100 hours ofcom,mmity service during the past 12 months.

This project is part ofour Cmtmnial Celebration and you will receive recognition.

Arkansas Bar Association· 400 Wesr Markham· Little Rock, AR 72201 • 501-375-4606 or 800-609-5668

Hours 1.

Church, Synagogue or Mosque Work (other than regular arrendance)

2.

Service on narional, srare, or local government board, commission, commirree or rask force (no compensation was paid)

3.

Civic Projects, including nonprofir boards and commirrees (Other than attendance at service club meetings)

4.

Free Legal Assisrance (through organized pro bono programs or

individually with up front pro bono commitment)

5.

Srare or Local Bar Association Outreach Efforts Disaster Relief, Lawyers for Literacy, Mock Trial, Law Day Activities, etc.

6.

Orner (specify)

_ NUMBER OF THESE HOURS BENEFITTING CHILDREN

TOTAL HOURS SERVED DURING PAST 12 MONTHS Please Describe Tbree Primary Activities from Above:

_

(for additional comments. please

USC'

ba<:k of form)

I certify tbat [have performed 100 hours ofcomnuuzity service for which

Name

110

compe1lsation was received.

City

_

~ I.:iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ (Please Print)

Signature

Date

_

Continued/rom page 21

ated by independent contractors. Labor and employment issues typically arise in the context of in-house developed systems.

The primary concerns are hiring and retaining key employees and avoiding meritorious labor and employment claims after the need for increased staff subsides. 21 Contract Issues A company's Y2K problem involves not only its own systems, but the systems of anyone whose performance is necessary for the company to operate. 22 As a result, your clients will have contract review and drafting issues with not only their software and hardware vendors, but also with their insurers and those that they contract with in the ordinary course of business.

Intellectual Property and Trade Secret Issues If your clients' systems were vendor developed, there are certain intellectual property issues of which they should be aware. Specifically, software vendors generally own the copyright to vendor developed software and the client merely licenses the software. In light of the high demands placed on the vendors who are fixing their software, the vendors' resources are becoming increasingly scarce. This means that even if the vendors have a contractual obligation to fix the problem, they may not have the resources to address your clients' needs until after the damage is done. Worse stiJl, your clients may be prohibited from hiring other vendors to modify the software (or from having their employees modify it) due to copyright protection of it.

Another problem that may arise is that your clients' vendors may be out of business. If your client did not purchase the "source" code23 to the software and did not negotiate a software escrow agreement with the client,24 then the review and assessment of the software becomes more complex. 25 Assuming the client is able to find a vendor who can legally revise the system, the client may be forced to give the vendor access to sensitive infonnation and should be concerned with protecting trade secrets and confidentiality. Clients will have a tendency to be careless in this respect, especially as the deadline for completion approaches.

!I

The ,Irkanm Law!er iiI. II 10. I/llinter

I~~S

Tax Issues At the time of writing, the IRS had not taken a position on the treatment of the cost of software revisions for Y2K crisis prevention but was considering ahematives. In light of the amounts of money your clients could have at stake, this could become a significant issue.

Litigation Issues A problem of this magnitude will inevitably cause a wide variety of litigation. Consequently, companies must realize that both their internal and external reactions to the problem may subject them to liability for breach of contract, fraud, misrepresentation, or negligence.

Currently, there is a considerable amount of litigation posturing occurring with companies sending and responding to questionnaires. Companies must manage and coordinate their communications accordingly. If an employee makes damaging representations to the media or others outside the company, damage can be irreversible: stock prices might plummet or business might suffer from lack of public confidence, investors or creditors could rely upon ambitious but incorrect statements, or opposing parties might use the admissions or representations against the company in future litigation.

Similar concerns involve intercompany communications. Equally damaging in cenain types of future litigation is electronic mail messages between two employees discussing management's neglect of the problem or the interoffice memorandum with inaccurate "admissions."

Depending on the nature of their business, some clients also may be at risk of personal injury suits. Client categories include those with operations involving life-threatening or life-sustaining technology, such as rail road crossings and hospital operating room equipment, as well as those in which a malfunction could prove disastrous, such as in a factory or an airplane control system.

What should you do?

At a minimum, you should send a letter to your clients that explains the problem, describes how it can affect their business, and details steps that they should take to address the problem. Additional suggestions for your involvement in your Co"tinued 0" page 26

Is Your Computer System Ready for the Year 2000~ b\'â&#x20AC;˘ BI'ian .J. S\\rtllll â&#x20AC;˘ fP\ l

\,

Infol'mation Tp('hnolon Task l'OJ'l'P IOWiI

~,

Reprinted with permission of the Arkansas Society of Certified Public Accountants Friday. December 31. 1999.

J/:59:55 p.m. New York City's Times Square. "5, 4. 3, 2, I HAPPY NEW YEAR!!!!" Will you have a Happy New Year in the year 2000? YOII may not if you are IInprepared, or if you think you are prepared and you aren't.for what some experts predict will be the largest catastrophe in modern times.

Year 2000! What's the Big Deal?

Year 2000 (Y2K) problems arise from the way some computer programs slore dates. Programs that store dates as six digits (010197 for January I, 1997, for example) will have Y2K problems.

Financial transactions by their very nature are date-sensitive. Many calculations, such as accounts.receivable-aging, are based upon the date of the transaction.

What kind of problems might this create?

Here is a real-life and very serious example: An insurance company's computer system was programmed to purge policies if they had been dormant for five years. TIle logic of the program was to add 5 to the year of the last activity to determine if the policy should be purged.

This worked fine until 1995. The computer added 5 to 95 and come up with 100. The 100 was translated to 00 because only two digits were reserved for the year. The computer compared the 95 to the 00 and determined that the policy had heen dormant for 95 years, thus it was purged. Thousands of 1995 policies

and even some in 1996 were purged before lhe error was discovered.

How Did This Happen?

Mos!. bul nol all, of the computer software programs that are affected by Y2K problems are wrinen in COBOL or other languages that have been popular since the early days of computing.

Computer memory was much more expensive in the l%Os and 1970. than it is today.

For example, in 1996 one megabyte of disk space cost about $1.08.

In 1963 one megabyte of disk space cost about $2, I00.00 in 1963 dollars. Adjust that figure for inflation and you come up with 10.509.00. Disk space in the 1%Os was over ten thousand times more expensive than it is today. 11lerefore. it was critical thai programmers conserve disk space whenever possible. 11ley quickly concluded that storing the century pan of the date was redundant information and wasted very valuable disk space. Besides. they must have reasoned. who would possibly be using these programs in 20 or 30 years.

The Problem Goes Beyond Software Just because your software programs are not wrinen in COBOL or have been purchased off the shelf in the last couple of years does not mean that you are out of the woods regarding Y2K. All personal computers have an internal clock and calendar contained on the computer's BIOS (Basic Input!Outpul System) chip. 01 all BIOS chips are Y2K compliant. 11lere are even some models on the market today that contain a Y2K flaw! This will be a problem because many software programs refer to the BIOS for the current time and date.

CPAs. for the most pan, are not hard· ware technicians. But there is a simple test you can perform to determine if your PC is Y2K compliant: I. Set the date and time on your computer 10 December 31. 1999, Il:S5p.m.

2. Tum the computer completely

OFF. 3.

4.

S.

Wait about 10 minutes.

Tum the computer back on.

Check the date on the computer if it says anything other than Saturday. January I, 2000, you have a problem.

The Scope or the Challenge Estimates vary, but studies conducted

by the Ganner Group. the Association for Applied Computer Research. RHI Consulting, International Data Corporation. and the Society for Information Management Working Group predictlhe following: • 11le cost 10 deal with Y2K problems worldwide will range from $300 billion 10 $600 billion.

11le cost to deal with Y2K problems • in the U.S. alone will range from $SO billion to $200 billion.

• The cost per Fortune 500 company will range from $50 million to $100 million.

This problem is not isolated to any specific computing platform or indus!ry.

If you use computers in any way. potentially you may be affecled. Furthermore, even if your company is Y2K compliant. what aboul your vendors and customers?

If a Y2K problem causes one of your major customers or vendors to go out of

business, even for a shon time. what would the effect be on you and your organization?

What Can Be Done?

The first step is to determine if you have a problem. If your organization has not made this determination. do it today!

11le year 2000 will be here in less than 1.000 days and depending upon the nature of your business, you may begin to experi· ence problems much sooner. such as the insurance company example. You can begin your own year 2000 assessment by interviewing your data-processing profes· sionals. If your organization does not have a data·processing depanment. make a backup of your data and process lest transactions thai include the year-end close for fiscal 1999. Print all of your normal reports (especially aged trial balances) before and after the year-end closing process. Study them to make certain that the transactions have been recorded correctly. There are many consulting firms who can assist you with this assessmen!.

If you discover that you have Y2K problems, there are four general alternatives: I. Repair the existing programs.

2. Oulscore the data processing functions that are affected.

3. Replace existing systems with purchased software.

4. Purchase a specialized insurance

policy.

11lere are many advantages and disad· vantages to each approach. Every organization's situation is different and must be evaluated accordingly. CPAs can assist clients by seeking out or providing assistance in performing a cost benefit analysis of each approach.

How Can I Learn More?

There are many sources of information available on Y2K. Here are a few that may be of interest 10 CPAs: I. The AICPA Web site lists the Y2K issue as one of its top ten technology issues for CPAs. AICPA can be found at htlp://www.aicpa.org.

2. Peter deJaeger is a noted author and speaker on Y2K issues. His Web site can be found at hnp://www.year2ooo.com.

3. The federal govemment office of the General Services Administration maintains a Web page with year 2000 information at hnp://www.itpolicy.gsa.gov/mks/ yr2ooo/y201 toc l.htm.

4. AICPA has a publication on the topic called "The Year 2000.

Time is Ticking Away for Accountancy." AICPA Technology Alert by Wayne Harding.

CPA (Volume 96. o. 3. October 1996) available at hnp:/Iwww.aicpa.orglalert/year2 ooo.htm.

Be Proactive Y2K problems are real and cannot be ignored. The year 2000 creales a deadl ine that cannot be delayed. As prudent business people and business advisors. CPAs must ensure that their own organization is Y2K complianl and alert their clients to the risks associated with Y2K non-eompliance. By being proactive instead of reactive, il can be "business as usual" when you arrive in the office Tuesday, January 4.2ooo!+

Brian Sweene)' is a manager with Delo;l1e & Touche UP, Des Moines, /OM·O.

Ill.ll II. I(\liller IllS

Up .\rkmlll.l~W

!i

COIJlilllled frolll page 24

clients' efforts are offered below.

What are areas in which you can further assist your clients?

The potential legal issues surroundine. the Y2K crisis involve virtually every are~ of the law. As we approach the year 2000, the governing authority in many areas will evolve as the federal and state governments become more involved in the struggle for compliance and the courts generate judicial precedent from increased and varied litigation. Your clients will require your guidance in a number of areas.

All your corporate clients should have a year 2000 plan and a contingency plan, which you could take an active role in preparing.

You can draft and negotiate software contracts. non-disclosure agreements, software escrow arrangements, and other contracts required in their compliance effort.

Regarding your clients' vendor developed systems, you should review all agreements and help Lhem make an initial determination as LO wheLher the vendor is responsible for correcLing the problem.

Written and oral agreements and represental ions reveill available warranties (express and implied) and remedies. If the vendor is responsible, you should give proper notice to the vendor of your clients' expectations. and the vendor should provide a suitable assurance of year 2000 compliance.

You can direct your clients to assess the extent that their operations depend upon critical suppliers' or customers' ability or willingness to address their Y2K issues as part of their risk assessment.

Several factors to consider include how technology-dependent they are. whether the companies' systems interface with each other, whether substitute suppliers exist, and whether the client relies upon "just-intime" warehousing or similar supplierdependent protocols.

You should then help your clients determine whether any system failures would cause the client to breach agreements with others in the production or distribution chain. If so, you should advise your client of appropriate measures to take as required by the circumstance.

Your clients may have various types of insurance policies Lhat you can review to evaluate coverage for areas such as director/officer liability, busines interruption,

tG

Thr ,\r~ansal La!!!!r

lol.lllo. I/lIinllr 1998

and general liability.

As part of remedy preservation and litigation prcvention, you can prepare questionnaires to be sent to suppliers and vendors to assist in deternlining the extent their failure to adequately address their Y2K-problems (or the client's Y2K-problems if they are obligated to do so) will impact the client. The client then should be advised how to handle troubling or unsatisfactory responses. Similarly. you should prepare your clients to properly respond to questionnaires so as to avoid damaging representations and admissions.

It can be beneficial if the client will allow you to review memoranda. external communications, and complaints so that potentially damaging statements may be protected by the anomey-client privilege.

If your client has in-house developed systems that will be revised in-house, you can assi t management with necessary advanced legal planning to minimize the impact of future labor and employment claims and develop Y2K-sensitive benefit plans for key employees.

For corporate clients, it is imperative that you assist directors and officers in documenting steps taken to assess and remedy their Y2K problem to support any future defenses.

The year 2000 problem is less a technical problem than it is a business problem.

Our clients must come to understand that management must be involved in any year 2000 project.

When dealing with these issues for your clients. keeping currcnt on the evolving body of law is more important than it is for many other areas of the law due to the short.ened ··Iimitations· period. The deadline is immovable and imminent. Many of our clients may not begin to address the issues involved until it is too late or may address them improperly.

So will January 3. 2000. be just another day at the office? I, for one, hope so, but it may depend on how soon we convince our clients that the year 2000 problem tS their problem .•:.

Todd A. Greer was a compUler and lee"· 1I010gy professiollal for 6 years before acquiring his J.D. from the Uni,'ersiry oj Arkallsas at Lillie Rock School of LlIw. He is flOW all Associme ill Ihe Securities alld Commercilll Sectioll of the law firm of

Friday, Eldredge & Clark ill Lillie Rock alld praclices in the areas ofcompUler and 11Jterflet. ilJteJleclIlol properly & gelleral corporme law.

Endnotes '''The Year 2000") I. Minda Zetlin. The Comorate lime Bomb 24 (American Managemenl Association Membership Publications Division 1998).

2. A variety of reasons factor into the keeping of the old programming logic. or legacy code. Frequenlly. cost and time required to update the out·daled bul fully functioning code was the primary concern.

Thiny years ago il was hardly considered Ihat Ihe same code would still be in exislence on the eve of year 2000.

3. Real·life results that syslems have alre3dy produced due to an improperly manipulal· ed fUlure dates include miscalculaled d3ta. deleted records. and "crashed" syslems.

4. This is a bit of an oversimplification because automated processes exisl that remove some of the human element from the review process. However. human inlervention will continue to be necessary because there is no one process thut works for a large number of programs, which are typically customized and are dissimilar in function and nppenrance. Obsolete programming techniques and languages further complicate the process.

5. Steven H. Goldberg, Managing "Year 2000" Business and Legal Risks for Hospitals and Henlth Care Systems (visiled Oct. 15. t997) <http://www.comlinks.comllegal/gold.htm >.

6. ~ lil..: Jon ewberry. Beal the Clock.

ABA Joumal50 (June. t997): Christopher Simon. Lawyers See Dollars in Computer 2000 Ills, Wall Street Journal. ov. 6. t997. at B21: Caper Jones. The Global Economic Impact of the Year 2000 Software Problem (visited Nov. 20.1997) <http://www.spr.com/artictes/y2k52.pdf>.

7. One such occurrence involved a company that had a method for removing inactive customer files. Their system would retrieve the last active year for each file and add five. If the result was less than the current year 0..&.. the file had been inactive for more than five years), the account would Ix deleted. This worked fine unlil 1995 where the result of 1995 and 5 equalled 2000. The system understood the 2000 to be 1900 because it could not process the cenlury. and deleted 800 accounts because 1900 was less than 1995.

The next year, it deleted 1.200 more files before the error was discovered. Zetlin.

The (ompVler Time Bomb, at 2.

In another. a manufacturer settled out

of court with one of its suppliers when the manufacturer had to shut down its line because the computer rejected products with a "00" expiration date. ld. at 46.

Another instance occurred when a produce supplier's cash registers crashed numerous times, disabling the business, because they could not handle sales billed to credit cards expiring after 1999. C. Man Swafford, Millennium Bug Raises Potential for Legal Consequences, Kansas City Business Journal on the Internet, Oct.

27,

8.

1997

(visited

Nov.

6,

1997)

<http://www.amicity.com/kansascity/stofies/102797/editoriaI2.html>.

Caper Jones, The Global Economic Impact of the Year 2000 Software Problem

(visited Nov. 20.

1997) <hltp://www.spr.com/anicles/y2k52.pdf>.

9. lellin, The Coroorate Time Bomb, at 10.

10. One of the less written aboul reasons is more complicated to understand, but these same programmers who ignored the century designation also used "dummy dates" in their programs thai carried special meanings such as end of record, end of program. or invalid data. Generally, these dummy dates would end in "99," and "999" was particularly popular. Thus,

January I, 1999, September 9, 1999, and Olher unsuspected dates also may cause errant processing. Additionally, the year 2000 is a leap year but many programs may not treat it as such due to faulty programming logic. The rule is as follows: Every year divisible by four is a leap year unless the year is divisible by 100 but not by 400. Many programmers misapplied Ihe rule by not including the "but not by 400" logic, thus excluding the year 2000 as a leap year.

II. Another often neglected factor is that most companies do not have spare systems sit· ting around for testing modification, so their day-to-day systems must be used.

This means that unless the company has additional processing power and is willing to chance correcting and loading revisions all their live systems during operative hours, they are limited to after hours and weekends for this purpose.

12. Common rates are already between $80 and $350 per hour for qualified personnel, and companies are rapidly losing their employees to higher paying independent consulting finns.

13. Software Productivity Research has estimated that 22% of the best-managed projects and 85% of the worsHllanaged projects are late. Steven H. Goldberg, Managing Year 2000 Business and Legal Risks for Hospitals and Health Care

Systems (visiled Ocl. IS, 1997) <http://www.comlinks.com/legal/gold.ht

m>.

14. Anthony DeBarros & M.L. Zukemlan, Avoiding Digital Disaster, USA Today, Dec. 17, 1997, at IA-2A, lOA.

15. !!!.

16. !!!.

17. C. Man Swafford, Millennium Bug Raises Potential for Legal Consequences, Kansas City Business Journal on the Internet. Oct.

27,

1997

(visited

Nov.

6,

1997)

<http://www.amcity.com/kansascity/sto-

ries/I 02797/editoriaI2.html>.

18. Jeff Jinncn, Year 2000 "Millennium Bug" Litigation (visited Nov. 6. 1997) <hit p://www.llgm.com/FIRM/articleS.ht ml>.

19. There has been much debate over the definition of "Year 2000 Compliant:' "Year 2000 Ready," "Year 2000 Aware." and other similar tenns. Properly chosen terminology is extremely important in certain situations, particularly when evaluating a vendor's position as 10 its system warranty. Confusing the matter is the fact that different situations may require alternale expressions of compliance.

20. Zellin, The Computer Time Bomb. at 46.

source code be transformed, or compiled. into machine-readable object code before it can be run on a computer. Without access 10 the source code, which is readily modifiable by humans, the object code must be de-compiled from its machine· readable state before it can be viewed or modified.

24. A software escrow arrangement places the source code with an escrow agent in case lhe software vendor ceases doing business, so thai the client will have access to the source code for future modifications.

25. Fortunalely, tools exist whereby vendors can recreate lost source code from available object code with some reliability. It likely wi II increase the client's cost to remedy its Y2K problem 10 some extent..:.

The Power Of Membership

21. One source predicted that"li]n 1997-1998 most of IS [the information systems indus· try] will wake up and realize that they need to increase staff by 30 percent, or some such number, over two years to complete Ihe year 2000 project." Zellin. Ills: Computer Time Bomb, at 55 (quoting John Bums, Canadian Imperial Band of Commerce).

22. An ancillary issue is that the client must address the year 2000 in all future can· tracts when relevant; otherwise. the client is at risk of bearing the responsibility for the problem because it is widely recognized and an obvious concern.

23. "Sourcc" code, as distinguished from "object" code, refers to the actual humanwritten programming code. Traditional software development requires that the

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I Swear

"I'm dead," he said Copyright /997 By Judge Vic Ffeming {EDITOR' 5 NOTE: In a move thar sent rooms, where witnesses are sworn to shock waves through tile legal humor tell the truth and lawyers are being paid community, Judge Vic Fleming has for what they say. Consider this diaannounced the merger of his two logue, experienced, or at least witco/umns, ·'Law. Literature & nessed, by Tom Overbey of Little Rock: Laughter" and "I Swear." As a result of the merger, "LLL" will receive an A. He raid me he was seeking a major undisclosed /lumber of shares of "I insurance policy to protect against a Swear" slock, with '" Swear" being the catastrophe or an untimely death ro surviving column, for magazines alld himself, alld he wantel/ ro have the newspapers alike. No dO'rvllsicie or lay· funds available 10 perpelllate the comoJJs were reported ill lite merger and POllY· the markef has yet to reacI. "LLL" has Q. Did he want rhe company ro pass to occupied this space in The Arkansas his children?

Lawyer siuce 1984.} A. No, he wanted me to have it.

Q. Alld whell did he tell )'011 1!t01?

"I Swear" is devoted to true experiA. He raId me rllat Ilumerous times. ences, in life, and at law, by lawyers, Q. Prior to his death? judges, litigants, etc.

0 jokes allowed! True experiences only. Like Kevin Jordan of Orange, Texas, particithe foUowing true experience of Kitty pated in a deposition that went in part Gay of Fayetteville, Arkansas, when something like this: she was given this answer by the supervisor of a chronically absent school Q. You said tllar you had srress-related district employee: problems or work?

A. I have kilo wed afhim missing aflill week alld people a-callillg me, 01110 me 0/1 of the time. Now. I have talked 10 John and we'd get it worked out that he would never do ir again. Then he would do rhe same rhing, over and over and ove/~ and I'd lie ro the school board jusr like a pure dog, and they kilo wed I was lying 10 rhem.

Or the true experience of Sam Knutson of San Antonio, reflected in a deposition excerpt:

Q. Whol did Dr. Castillo tell yOIl abolll rhe rest resulrs?

A. I'm prelly normal. I'm n01 suicidal or allYthing.

Q. We re 1101 gaillg to find yOIl lip all the roof'rvith a magnllm or anyrhing like thor?

A. No. I'm scared of heights.

Levity in the law occurs most often in courtrooms and deposition conference

A. Yes. /r was working ro dearh. YOIl get in all atomic chemical facility alld rhey plll big milltJ control on you and you can'r do norhing but work, work, work till YOII're dead. You just work alld work and work and work and work.

There's 110 life. YOII call't get aliI of it.

There's 110 air 10 brearhe. Then yolt get hurt. I got hit with a pipe on my head, cracked my skull, rore the top of my !tead off. III 1976.

Q. Did you see docrors abow rhar?

A. No. I jllst died. I'm dead. see. I'm dead. J'm a ghost, and / relUl'I1ed. I've already had my flllleral. Gad wall't let me imo heaven because I'm Ilot good ellallgh yet. So. I've got to stay !tere all Earth, bill I am dead.

Q. You're dead as we sir here today?

A.l'm dead.

From Freemont, Michigan, John MacAyeal shares this exchange in a divorce action: A. J gave him rhe personal things he

wallfed. He can ha\'e them. / agreed ra thor, excepr for olle rhing. He wallis to go rhrough the dresser drawers, and I don't see 110 reason why he should !Jave to go through drawers rhar have my personal clorhing in rhem.

Q. You don't walll him in your drawers. huh?

A. Hasl/'t beel/for 12 years, so rm 1/01 going to start now. .:.

Welcome. Arkansas Lawyer, ro "I Swear;' which, I prOfnise, will endeavor fa be 0/1 Ihat "LLL" \l'as before it.

(Vic Flemil/g is Traffic Judge iI/ Liltle Rock. Arkansas. Send him your humorous or IUlItsual anecdores ro P.G. Box 7694. Little RackAR 72217; FAX(501) 371-444 : e-mail swear88@aol.com or vj1eming@lirrlerock.stare.ar.)

ERISA and TAX AlTORNEY Med1am

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Lawyer Disciplinary Actions The Lawyer disciplinary actions are writlen and provided by fhe Supreme Court of Arkansas' Commilfee 011 Professional CondUCI.

Pervis Michael Redden Chesapeake, VA A letter of suspension was issued 10 Pcrvis

Michael Redden for the violation of Model Rules 1.8(a), I. I 5(b). and 8.4(e) and 8.4(d) lIpon the complaint of Kenneth Van Dyke. The letter of suspension was filed November 13, 1997. These Rules Slate, in part. that a lawyer

shall

nOI

enter into a business transaction with

a client or knowingly acquire an ownership. possessory, security or other pecuniary interest

adverse to a client: upon receiving funds or olher property in which a client or third person

has an interest, a lawyer shall promptly notify the elienl or third person. and shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled 10 receive: a lawyer shall not engage in conduct inVOlving dishonesty. fraud. deceit or misrepresentation: and, a lawyer shall not engage in conduct that is prejudicial 10 the administration of justice.

In his affidavit of complaint, Mr. Van Dyke explains that Redden representcd him in 1989 in a partition lawsuit inVOlving certain property located at 5416 Larch Road in lillIe Rock. Through a Commissioner"s Sale. Mr. Van Dyke became sole owner of (he property.

Following Mr. Van Dyke's move to St. Louis, Redden managed the property as residential rental property for Mr. Van Dyke. Redden collected rents and distributed proceeds to Mr. Van Dyke through his attorney trust account.

Redden also was Mr. Van Dyke's legal advisor on matters involving the real property. When Mr. V.m Dyke decided to sell the property, Redden provided Van Dyke with a contraci that gave him the exclusive right to sell the property. When the air conditioner and furnace needed to be replaced, Redden handled all the nego~ tiations with Airnlasters and agreed to make the payments from the monthly rental proceeds. In J,lI1uary 1994, Redden advised Mr. Van Dyke that he wished to purchase the property on a monthly installment contract. He prepared and forwarded a Contract for the Sale of Real Property 10 Mr. Van Dyke. The contract prepared by Redden did not provide for assumption of the existing mortgage. for assumption of the Ainnasters debt, nor did it provide for any interest to be paid to Mr. Van Dyke. Mr. Van Dyke expressed his dissatisf'lclion regarding the lack of interest payments and the nonassumption of the outstanding indebtedness.

The contract, to include the debt assumptions and interest at 4% per annum. was rewritten

It Tbr .Irkanm Lal\!er

I'nl.ll.ln. I/lrinler 1995

and executed by Redden and Mr. Van Dyke in Oelober of 1994. He paid Mr. Van Dyke purSllant to the contract, sporadically, from November 1994 through May 1996. In MayoI' 1996. Mr. Van Dyke received his last communication from Redden.

Despile repeated anempts to cont<tct Redden, Mr. Van Dyke has been unable to do so. During Redden's last contact with Mr. Van Dyke. he failed to advise him of the bankruptcy he had filed in February of 1996. Mr. Van Dyke was required to retain legal counsel because he was sued in October 1996 on the Airmasters debt which Redden contractuallyassumcd.

III responding to the affidavit, Redden acknowledged representing Mr. Van Dyke in mailers involving the property which he later contracted to purchase. According to him. all actions wken with regard to the property fol路 lowing the p'lrtition lawsuit were done in his capacity as a licensed broker. According to his response. he did not act as Mr. Vall Dyke's attorney at any lime after September 6. 1990.

Redden also asserted that he spoke wilh Mr. Van Dyke's legal advisor on more than one occasion; however he never provided the name of that legal advisor. Further. according to him. it was Me Van Dyke who approached him about purchasing the property and not Redden approaching him in this regard. In Slllllll1Hlion. he denied viOlating either Model Rule 8.4(c) or Model Rule 8.4(d).

Reginald Shellon McCullough lillie Rock, AR A letter of reprimand was issued to Reginald Shelton McCullough for the violation of Model Rules 1.3, 1.16(d) and 8.4(d) upon the complaint of Tonya McKenzie. The letter of reprimand was filed November 13. 1997.

These Rules state. in part, lhat a lawyer shall act with reasonable diligence and promptness in representing a client: upon tcnninalion of representation. an attorney shall take steps to the extent reasonably practicable to protect the client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advanced payment of fee that has not been earned: and, a lawyer shall not engage in conduct thai is prejudicial to the administration of justice.

In her affidavit of complaint, Ms. McKenzie explained that McCullough was hired to pllfsue an appeal at the Eighth Circuit Court of Appeals on behalf of Roderick George. At the time McCullough was hired.

Mr. George was Ms. McKenzie's boyfriend.

Arter discussion about the maller, McCullough

agreed to handle the appeal through completion on behalf of Mr. George. Based upon this agreement. Ms. McKenzie paid McCullough $2,400 of the $3,000 required fee. Ms. McKenzie learned at a later point in time from Mr. George that, although McCullough had been given notice of the deadline for filing a brief on Mr. George's behalf, no brief had been filed on his behalf by McCullough or anyone associated with him. Ms. McKenzie verified this information with the Clerk of the Eighth Circuit Court of Appeals. All of the information concerning the brief not being filed cmne from court personnel not from McCullough.

After verification by the Clerk of the failure to file a brier. Ms. McKenzie wrote 10 McCullough to request a refund but he did not respond. Because of her fear that Mr. George would lose his right to appeal if she were unablc to retain other counsel, Ms. McKenzie contacted the Executive Director's office. The Executive Director attempted to resolve this matter without fonnal proceedings by way of a letter to McCullough daled December 8. 1995.

McCullough wholly failed to respond to that letter. Since Ms. McKenzie was aware that the Committee could not compel McCullough to return her funds. she hired counsel and sued him. Based on his failure to answer the lawsuit. a default judgment was entered against him.

In his response to the affidavit, he requested that Model Rules 1.6, l.15 and 3.1 also be reviewed when considering this complaint. He asserted that he never refused to release Ihe appropriate unearned funds 10 Roderick George. McCullough avers that he had never received instructions from Mr. George 10 release those funds. According to him. Ms. McKenzie was merely delivering the funds for his fee and expressed her desire not to be involved in his representation of Mr. George.

McCullough stated that when Mr. George became upset with the decisions he made concerning his appeal, he quit communicating with him.

In addressing the lawsuit that Ms. McKenzie filed against him. he explained that he filed a Motion to Dismiss and was not aware of the default judgment until he received the Complaint from the Committee. He closed his response by asserting that he tried to follow the Rules as best as possible and submilled that he was not guilty of any violations of the Rules.

James Proctor Massie lillie Rock, AR A leller of caution was issued to James Proctor Massie for the violation of Model Rules 1.3 and 8.4(d) based upon the Per Curiam complaint on appellant Alfred Will James.

The letter of caution Wi1S filed

Lawyer Disciplinary Actions November 6. 1997. These Rules state, in part. that 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.

On March 18, 1997. Massie filed a Motion to File Belated Record on behalf of his client, Alfred Will James. On April 14, 1997, his Motion was denied as he did not admit fault on his parI. On May 16, 1997. he filed a second Motion for Belated Brief. In the second motion he accepted the responsibility for the delay in filing the brief. The Supreme Court then granted his motion.

For his response, he denied violating either rule. Massie asserted that the record was due to be filed with the Supreme Court on March II, 1997. Massie stated that he was not infonned that the record was ready until March 17, 1997.

The Supreme Court would not accept the record until Massie would admit fault in the delay even though the fault was, in Massie's opinion, with the Pulaski County Circuit Clerk's office failure.

Frank E. Shaw Conway,AR A letter of caution was issued to Frank E. Shaw for the violation of Model Rules 1.3 and 3.4(c) based upon the Per Curiam complaint on appellant Alex Jenkins. The letter of caution was filed ovember 6. 1997. These Rules state, in part. that a lawyer shall act with reasonable diligence and promptness in representing a client and. a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.

The Supreme Coun of Arkansas delivered an opinion on June 16. 1997, in which Alex C. Jenkins' Pro Se Motion for Belated Appeal was granted. In the Court's opinion, il is pointed out that Shaw was notified three times by Coun personnel of the filing oflhe Motion for Belated Appeal but he never provided an affidavit in response to the Court. Since the record did not renect that he was relieved as counsel, he was obligated to perfect the appeal for Mr. Jenkins, but he had not done so. The Court concluded that Mr. Jenkins was entitled to a belated appeal and that Shaw was responsible for that appeal.

In his response. he explained that he was, in facl. appointed to represent Mr. Jenkins by Circuit Judge Charles E. Clawson, Jr. Shaw provided certain factual infonnation about Mr. Jenkins' differing personality traits during the trial on his criminal charges. According (0 Shaw's response to the Committee, Mr. Jenkins did not wish to appeal after his request for appeal bond was denied. Further, it is Shaw's

assertion that he prepared the Pro Se otice of Appeal for Mr. Jenkins since he would have a much better chance of being allowed on appeal.

Finally. Shaw stated his belief that on these facts, sanctions against him are unnecessary and would serve no substantial purpose.

Michael A. Beltrani Little Rock, AR A letter of suspension was issued to Mr. Michael A. Behrani for violation of Model

Rules 1.15(.)( I) .nd 8.4(c) upon the compl.int of the Arkansas Bar Association. The letter of suspension was filed November 5. 1997. These Rules state, in part. that a lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: the time and labor required. the novelly and difficulty of the questions involved. and the skill requisite to perfonn the legal service properly; and, a lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

The Arkansas Bar Association received a $295 check from Beltrani as a registration fee for a CLE program. The check was drawn on his altomey trust accounl. The Association deposited the check. but it was returned by the bank for nonsufficient funds. The check was redeposited, but again. it was returned by the bank with a stamp. "Do Not Redeposit."

Subsequently. it was learned that the account was closed. After many attempts to contact him, Mr. Beltrani said that he would come and pick up the check. When he failed to do so, the Association sent a leuer (0 him reminding him of his obligation. Beltrani has either failed or refused to make the check good.

The complaint was personally served on Beltrani 011 July 24. 1997. Pursuant to the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law, Section 5B(l), the formal complaint was submitted 10 the Commiuee for adjudication.

G. Leroy Blankenship Batesville, AR A letter of caution was issued to Mr. G. Leroy Blankenship for violation of Model Rule 8.4(d) upon the complaint of a judicial officer.

The leiter of caution was filed on ovember 10.

1997. This Rule states, in part. that a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

Based on infonnation received from attorney Bob Castleman. Chancellors John Nonnan Harkey and Thomas L. Hilburn, the following

facts are set forth. In February 1992, Probate Judge Hilburn, Lawrence County. entered an Order for Guardianship appointing a paternal grandmother guardian of her son's two minor children. The children's mother was deceased and the father had executed the necessary consent fonn. In 1996, Judge Hilburn granted the children's maternal grandmother specific visitation. Soon thereafter the maternal grandmother missed visitation as a result of actions by the other grandmother. A Motion For Contempt and Order to Show Cause was entered. Acting on infonnation received. counsel for the maternal grandmother contacted Judge Harkey in Independence County to confinn whether an Adoption Petition had been filed involving the two children on behalf of the paternal grandparents. Judge Harkey recalled having met the paternal grandparents weeks earlier when he accompanied them to his office and presented the Adoption Petitions. When Judge Harkey signed the adoption decrees in each case he had not been advised of the ongoing Lawrence County events. Upon receiving copies of pleadings and correspondence related to the Lawrence County action Judge Harkey entered Orders setting aside both adoptions based on fraud. Subsequently, at the contempt hearing in Lawrence County the paternal grandparents were held in contempt and sanctions were imposed.

For his response he stated that initiaLly he met with the paternal grandparents and their son. the children's natural father. This was in 1996. long after the establishment of the guardianship.

They advised him of the guardianship in Lawrence County. the visitation petition and their desire to adopt the children.

The son agreed. They expressed their disagreement about the visitation situation.

Blankenship stated that when he filed the adoption petition in Independence County he believed thai to be the counlY oftheir residence.

Further, he researched who W;,IS entitled to notice of the petition and determined the maternal grandmother was not. He later learned that he was wrong in this regard. Additionally, it came to his attention that the paternal grandparents had made no arrangements for visitation.

On the scheduled court date. Judge Harkey asked questions as usual and granted the adoptions. When he next met with his client he told them that they had not been candid with him; that he thought that they were in contempt of court and they needed to check with their attorney in the visitation case about what needed to be done. The next infonnation he got was a letter from Judge Harkey notifying him that the adoptions had been set aside. It was sometime after that that he learned Judge Hilburn's written consent to the adoplion was necessary.

Approximately one year passed before

\'01. U XO. I/mnter 1995 Tbe ,Ir~alll! Lallier

U

Lawyer Disciplinary Actions Blankenship next heard from his clients. They wanted to resume their effons at adoption, but he declined their represcm3lion.

Blankenship stated that he had apologized to Judge Harkey. He admitted that he failed to comply with the nOlice SlalUte and explained thaI his computerized search of this issue failed to locale the notice statute. Blankenship denied having failed to disclose the fael of the guardianship and having offered false evidence, but stated that he failed to follow correct procedures. Finally, Blankenship denied have colluded with his clients 10 circumvent the court ordered visitation. In conclusion he stated that, although he had made mistakes before, never had he made a series of mistakes such as this.

Although he acknowledged retrospectively that the adoption decree was subject 10 being sel aside. it, nevertheless. was a sort of nOlice or opportunity for any hearing on the court's finding of fraud.

Timolhy D. Williams Conway,AR A letter of reprimand was issued 10 Timothy D. Williams for violalion of Model Rules 3.1, 3.2. 3.4(e). 8.4(e) and 8.4(d) upon the complaint before the comminee. The letter of reprimand was filed November 10. 1997.

These Rules state, in part. that a lawyer shall nOI bring or defend a proceeding. or assert or controvert an issue therein. unless Ihere is a basis for doing so that is not frivolous, which includes a good faith argument for an extension. modification or reversal of existing law: a lawyer shaH make reasonable efforts to expedite litigation consistent with the interests of the client; a lawyer shall not knowingly disobey an Obligation under the rules of a tribune except for an open refusal based on an assertion that no valid Obligation exists; a lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation; and, a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

Based upon his conduct on behalf of his client. James R. Gill, the Arkansas Court of Appeals referred this mailer to the Committee on Professional Conduct. Following a circuit court judgment entered against Williams' client he filed an appeal, CA94-749. which was dismissed because of his failure to file a brief. He filed another appeal, CA95-178, which was dismissed for appellant's failure to file a brief. A third appeal was filed, CA 95-540; it, too, was dismissed for failure to file a brief. Finally, a fOllrth appeal in this same mailer was filed. CA 96-1443. Appellee's Motion to Dismiss that appeal was granted. Despite the representation made in Ihe Certificale of Service. appellee's

H The Irkansl! LIIiTer

1'01. 44 .lo. l/ll'iltlr II~S

counsel failed to receive copies of motions filed

by Williams. Therefore. in all of these appeals. appellee's counsel repeatedly had to conlact Williams' office to obtain copies of mOl ions filed by him. This delay resulted in counsel's inability to timely respond and object to mol ions filed on his c1ient's behalf. Even though most of the filing were Motions for Extension, all of the appeals were dismissed.

In none of them was a brief ever filed. Based on Ihe pallem his conduct in these appeals has established, one could conclude that the appeals were filed to unnecessarily delay these proceedings and increase the cost of litigation.

Williams' affidavit of response set forth his denial that he failed to send copies of pleadings to opposing counsel. He explained that although he recognizes that service is ultimately his responsibility. the physical mailings are done by a secretary. He atlached the affidavit of his secretary in which she explained the standard office procedure and her standard duties with respect to the mail. Williams noted that opposing counsel did not allege a failure of service after ;;Iate 1995." He also averred that the appeals were not filed in bad faith. and further contended that the Court's failure to impose Rule II sanctions was evidence of his lack of bad faith. He affinnatively stated that the docIrine of collateral estoppel barred a finding that Model Rule 3.1 was violated. He argued that since Rule 11 standards are "substantively identical" to Model Rule 3. I. that this issue was previously litigated and no sanctions were imposed. Therefore. it cannot be litigated again. He also stated that in any case, this was not a frivolous appeal. Since the appellate issue related to post judgment proceedings, he explained that A.R.C.P. 5(b) required that the party, rather than counsel. be served. Faced with a dilemma, Williams chose a course of action for which, in his opinion, there existed a good faith basis for the appeals. Finally, he denied violation of all alleged Model Rules staling generally that, because Ihere was no failure 10 serve documents. there was no basis for a finding that other Rules were violated.

sonable diligence and promptness in representing a client; a lawyer shall not knowingly disobey an obligation under the rules of a tribunal: and. a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

Stone was found guilty of contempt of court in a Per Curiam opinion delivered by the Arkansas Court of Appeals on February 5, 1997. Appellant's brief, in the matler of Stare of Arkansas vs. Cathy Marrin, was due to be filed by Stone on June 29, 1996. The brief was not filed by him on that dale. On November 6.

1996. the State moved to dismiss the appeal for failure to file the brief. The Court of Appeals denied the State's motion on November 27.

1996. On that same date. he was directed by the Court to file the brief for appellant on or before December 17, 1996. He did not file the brief as directed by the Court. On December 23. 1996, the Court of Appeals issued another Per Curiam order. In this order. he was directed to appear before the Court on January 22.

1997. 10 show cause why he should not be held in cont.empt. AI the show calise hearing, he blamed his failure on poor office management and inclement weather. On the date of the show cause hearing, he still had not lendered a brief for appellant. As a result of his failure, another attomey had to be appointed to represent appellant and file a brief on her behalf. Stone was fined $500 as a resull of the contempt.

The Per Curiam complaint was sent by cerlified. restricted delivery mail on February II. 1997. to Stone's address as it appears on the registry of anomeys kept by the Clerk of the Arkansas Supreme Court. The certified mail was signed for by Stone on February 25, 1997.

No response to the Per Curiam Complaint has ever been provided by Stone. Therefore, pursuanl to the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Allomeys at Law, Section 5B(I), the Per Curiam complaint was submined to Ihe Commiuee for adjudication.

George J. Stone Jasper, AR

A leller of caution was issued to olen Michael Yarbrough for violation of Model Rule 1.15(a) based upon the Complaint Before the Comminee. The leller of caution was filed October 15. 1997. This Rule states, in part. that all lawyers shall hold properly of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds of a client shall be deposited and maintained in one or more identifiable trust accounts in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third

A letter of suspension was issued to George J. Stone for violation of Model Rules 1.1, 1.3, 3.4 (e) and 8.4(d) based upon the Per Curiam Complaint on appellant Cathy M. Marlin. The letter of suspension was filed November 17, 1997. These Rules stale, in part, that a lawyer shall provide competent representation to a client including the sk.ill, thoroughness and preparation reasonably necessary for the representation: a lawyer shall act with rea-

Nolen Michael Yarbrough Van Buren, AR

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'81 Asso:iation

Lawyer Disciplinary Actions person. The lawyer or law firm may not deposit funds belonging to the lawyer or law timl in any account desigmued as the trust account, other than the amount necessary to cover bank charges, or comply with the mini路 mum balance required for the waiver of bank charges.

In the Complaint Before the Committee. it was alleged that Yarbrough presented the Arkansas Continuing Legal Education Board (ACLEB) with a check drawn on his client trust account which was returned to the "ACLES" as insufficient. The check was brought to the attention of the Executive Director's office of the Committee on Professional Conduct and a subpoena was issued for the trust account records. Records his bank provided showed that from March 1996 (0 ovember 1996 his account had a negative balance on twenty-five (25) different occasions. The records also showed that his account was assessed forty-one (41) service charges for insufficient funds.

Seventeen checks written on the client trust account were variously written to AT&T and Harvest Food. and for cash. rent and dry cleaning.

In his response and his testimony at hearing. he stated that he did not become aware that the check was insufficient until receiving Ihe complaint from the Committee. Yarbrough had experienced several problems previously with the bank and he attributed this to delays in mailing deposits to his bank in Fort Smith from his office in Van Buren. He asserted that his office records did not reflect any negative dajly balances. As a result of the problems with the bank. he Slated that he has since switched to a bank in Van Buren.

He testified that he had one checking account. the client trust account. from which he paid business and personal bills. He infomled the Commillee that there were no client funds in the account during the times in question because the only funds in the account were nonrefundable fees which belonged to him. He mentioned that any filing fees that he would have received from clients would have been taken directly to the c1erk's office and paid in cash rather than depositing the funds inlO his account and writing a check 10 the Clerk.

Stone told the Commillee that he has changed the way he operates his client trust account and assured the Committee that no clients funds were affected by his bookkeeping system.

The Committee, in executive session. voted unanimously that he be and is hereby cautioned for this conduct based on the following findings of fact: I. He cOlllmingles client funds with funds of his own.

2. There was no evidence that any cliem was damaged.

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101.11.\0. IlIIillrr 1995

Upon rendition of its decision, the Committee urged Stone to familiarize himself with the Model Rules regarding trust accounts.

EN. "Buddy" Troxell Conwa)',AR A letter of caution was issued to EN. "Buddy" Troxell for the violation of Model Rules 1.3 and 1.I6(d) upon the complaint of Jerry W. Lester. The letter was filed December 29. 1997. These Rules state. in part. that a lawyer shall act with reasonable diligence and promptness in representing a client: and. upon tennination of representation. an anomey shall take steps to the extent reasonably practicable to protect the client's interests, such as refunding any advanced payment of fee that has not been earned.

According to Mr. Lester in his affidavit of complaint. he paid Mr. Troxell $635 on February 6. 1996. to file a divorce action on his behalf. Troxell negotiated the check on that same day. Al no time after Troxell received the funds did he file any documents on behalf of Mr. Lester. After several weeks. Mr. Lester requested that Troxell return the unused portion of the fee 10 him since he never filed a divorce proceeding on his behalf. Mr. Lester explained

that he assured him that he would return the unused balance of the fee but he had never done so.

In responding to the affidavit of complain!. Troxell asserted that he spoke with Mr. Lester several times before the office visit on February 6. 1996. He did acknowledge that the fee for an uncontested divorce would be $635.

However. Troxell asserted that he told Mr. Lester that the hourly fee would be $150 per hour. Troxell's belief was that Mr. Lester decided after the first office consultation that the divorce would be contested instead of uncontested. According to Troxell, when Mr. Lester made that decision, he told him that the representation would be charged at 150 per hour. Troxell futher asserted that he dictated and prepared documents to file a divorce proceeding on behalf of Mr. Lester. However. prior 10 filing the documents, Troxell was apprised by Mr. Lester that he and his wife had reconciled. Finally. Troxell asserted that when Mr. Lester told him of the reconciliation. he advised him thaI there were no unused funds to be returned.

Mr. Lester provided an affidavit of all.orney George Stephens as support of his assertions. Ironically. Troxell also provided an affidavit of George Stephens in support of his

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Lawyer Disciplinary Actions response.

Mr. Dann.)' Chris h'y Fayetteville, AR A leller of caution was issued 1.0 Mr. Danny Chris Ivy for the violation of Model Rules 3.1 and 8.4(d) upon the complaint before the commiuee. The letter of caution was filed December 29, 1997. These Rules state, that a lawyer shall not bring or defend a proceeding, or assen or coniroven an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law: and, a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

The Complaim Before the Committee arose out of infonnation contained in Orders authored by the Honorable Franklin Waters, U.S. District Coun. Western Division. The Orders were entered in a lawsuit Ivy caused to be filed againsl Chancellor Warren Kimbrough and Fayetteville Police Officer David W. Shull.

Ivy's initial complaint was filed on July 24, 1995, and contained allega'ions described by the Court as "extraneous, impertinent, and scandalous." The pleading was stricken by Judge Waters less than a month later. In striking the Complaint, Judge Waters wamed that he would not "countenance any further activities which tend to bring disrepute upon coun proceedings in general and this court in particular:' Ivy caused the lawsuit to be refiled on August 30. 1995. When Summary Judgment was entered on behalf of the defendants on ovember 22, 1995, an Order was entered making specific findings concerning Ivy's conduct. Judge Walers concluded that the "uncontroverted and probably uncontrovertible record" clearly demonstrated that his lawsuit was frivolous from its inception. Judge Waters imposed sanctions against Ivy for clear violations of Rule I I of the Federal Rules of Civil Procedure. The Eighth Circuit Court of Appeals afTinned this imposition of sanctions.

In responding to the Complaint. Ivy explained that when his Civil Rights lawsuit was filed againsl Chancellor Kimbrough and Officer Shull. he had never handled a case of that nature. According to him. he relied on Erwin Davis, his counsel, to advise him about this mailer. It was Ivy's assertion that Mr. Davis told him the case was "totally viable."

Based on Mr. Davis' advice the suit was filed.

Further, Ivy asserted that he relied totally upon his anorney's experience. He acknowledged I.hat he was sanctioned by Judge Waters. He expressed his feeling that this was a great injustice to him. He maintained thai he did not com-

mit any act or omission which was prejudicial to the administration of juslice; rather he only exercised his conslitutional rights as a client being represented by an anorney.

Mr. Claudell Woods Magnolia, A R A letter of caution was issued to Mr. ClaudelJ Woods for the violation of Model Rules 1.3 and 8.4(d) upon the Per Curiam complaint on appellant Melvin Griffin. The leller was filed December 29. 1997. These Rules state. in pan, that a lawyer shall act with reasonable diligence and promptness in representing a clienl; and. a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

The Supreme Court of Arkansas referred this mailer by way of a Per Curiam Opinion because Woods failed to timely file the transcript on behalf of his client. Woods' Motion For Rule On The Clerk, in which he accepted full responsibility, was granted.

For his response, he averred that he intended to get an extension of time in which to lodge the record but he forgot, and two months passed before he remembered it. Since so much time had passed his client was no longer in jail, and it took him a while to talk with him to verify his desire to pursue the appeal. Woods acknowledged that his conduct may have violated the rule on diligence: he. however. denied any allegation of misconduct.

Mr. David B. Fuller Bentol1\'iIIe, AR A letter of caution was issued 10 Mr. David B. Fuller for the violation of Rule 8.3(a) based upon the Complaint Before the Commillce. This letter was filed December 29, 1997. This Rule states that a lawyer having knowledge that another lawyer has commilled a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty. trustworthiness or fitness as a lawyer in other respects. shall infonn the appropriate professional authority.

Infonnalion came to the allention of the Commillee which demonstrated that Fuller became aware of the unethical activities of attorney Mark Wayne McBeth but he failed to advise the Committee. He became aware of problems with Mr. McBeth in March or April of 1995. He had knowledge 'hat Mr. McBeth had lied to clients; hHd failed to Hdvise a client that he had accepted a plea offer in a criminal maHer on behalf of the client: had entered into a divorce decree on behalf of a cl ient without

the c1iem's consent and. had allowed another client's claims 10 become barred by virtue of the statute of limitations having expired. one of this infonnation was reponed by Fuller. The Commillee did not become aware of the pauem of misconduct engaged in by Mr. McBeth for at least a year afler Fuller acquired knowledge of the activilies. The nature of Mr. McBeth's abovementioned conduct r<lises substantial questions as to his honesty. trustworthiness and fitness as a lawyer.

The beginning of his response contained an explanation that Mark McBeth had been his law panner umil August 31. 1995. Despite having testified in a sworn deposition in a civil mailer that he learned of the problems with Mr. McBeth in March or April of 1995. he stated in his response to the Commillee that he was not aware of the activities until after August 31.

1995. He averred in his response that he advised clients of the process of filing a complaint with the Arkansas Bar Association, but he never stated that he advised them to make a report to the disciplinary authority. The lawyer disciplinary authority is the Committee on Professional Conduct, not the Arkansas Bar Association. Fuller does not aver that he ever undenook personally 10 notify the appropriate disciplinary authority. He expressed his belief that Model Rules 8.3(a) only placed a reponing duty on him if the clients were unaware of the acitivities.

Mr. Allie Robert Frazier Mal\'ern,AR A lener of reprimand was issued to Mr. Allie Roben Frazier for the violation of Model Rules 1.1, l.2(a), 1.3. 1.4(a). 1.4(b) and 8.4(d) based upon the complaint of Peggy Gracie.

The letter was filed December 29. 1997. These Rules state, in part, Ihat a lawyer shall provide competent representation to a client, including the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation: a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as 10 the means by which they are to be pursued; a lawyer shall act with reasonable diligence and promptness in representing a client: a lawyer shall keep a client reasonably infornled about the status of a mailer and promptly comply with reasonable requests for infonnation: a lawyer shall explain a matter to the extent reasonably necessary 10 pernlit the client to make infonned decisions regarding the representa路 tion: and. a lawyer shall not engage in conduct Ihat is prejudicial to the adminisl.ration of justice.

As explained in the affidavit of complaint, Frazier was hired by members of Lemonwood

lul.ll.lo. 1/l\illlr 1998 fbI .Irkmas Law!lr Ii

Lawyer Disciplinary Actions Baptist Church in Pine Bluff (0 represent the church in a lawsuit 10 cancel a lease held by John and Helen Ward. In the fall of 1991.

Frazier was paid 52.000 for Ihis representation.

Initially he kept the church members apprised of the action he had laken on behalf of the church. After the lawsuit was filed the church

members began experiencing difficulty contacting him. An Order of Involuntary Dismissal was ultimately entered in the church's lawsuit.

Frazier did nol advise the members of the church of this dismissal. He did file a second lawsuit on behalf of the church members after the first lawsuit was dismissed. Arter the sec-

ond lawsuit was filed. he advised the members of the church thai a Malian for Summary Judgment had been filed on their behalf. Such MOl ion had never been filed. In fact. no action was taken in regard 10 this lawsuit. Based upon the inaclivity. the church's second lawsuit was dismissed with prejudice.

After being served with the affidavit of complaint. Frazier filed a timely response. In his response, he admined that Ihe facts and allegations contained in the affidavit were generally true <lnd correct.

Mr. Penis Michael Reddin Chesapeake, VA A letter of reprimand was issued to Mr. Pervis Michael Redden for the violation of Model Rules 1.4(3). 1.16(d) and 8.4(c) upon the complaint of Betty Jean Smith. The letter was filed December 29. 1997. These Rules state. in pan. that a lawyer shall keep a client reasonably infonned about the status of a matter and promptly comply with reasonable requests for infomlation: that upon tennination of representation. an attorney shall lake sleps to Ihe extent reasonably practicable 10 protect the client's interests. such as refunding any advanced payment of fee that has not been earned: and. that a lawyer shall not engage in conduct involving dishonesty, fraud. deceit or misrepresentation.

For her complaint. Ms. Smith stated that her son sold her property without authorization.

Ms. Smith made arrangements to repurchase the propeny from the purchaser and an offer and acceptance was signed. Ms. Smith then consulted Redden and was advised 10 cancel the offer and acceptance as the property was sold by mistake. Redden then cOnlacted the title company and infonned them that Ms. Smith was not going to close on the transaction.

Subsequent calls were made to the banks who agreed to provide the necessary financing. Ms. Smith then paid Redden to negotiate an agreement with the purchaser wherein he and Ms. Smith would be returned to the status prior to the transaction. The purchaser refused. Redden

lS

The ,Irlansa! I,all)er

lol.lllo. Imioter 1995

then agreed to file suit against the purchaser.

Ms. Smith then paid an additional sum which included the cost of filing fees. A complaint for specific perfomlance was then filed by the purchaser on March 2 J. 1996. Ms. Smith was served with the complainl and took it to his ofiice. Ms. Smith met him in the hallway of his office building and he advised her that he would be working oul of his home and would contact her to discuss the case. He then appeared periodically al her workplace to collect money for fees. Ms. Smith made attempls to contact him about the case but discovered thm his phone numbers had been disconnected. It was later discovered that he had moved to Virginia and Ms. Smith then hired other counsel.

For his response. he stated that he re\iewed the documents Ms. Smith provided regarding the sale of her property. As Ms. Smith wanted to try to resolve the mailer herself. she made an offer to the purchaser which was refused. She Ihen came to him and signed a fee agreement with him. Ms. Smith then made payment to him. He advised Ms. Smith that he would be working out of his home and provided her with his home address and telephone number. He then met with Ms. Smith at her place of work and also at the building where his fonner office was located. He assens that he maintained communication with Ms. Smith by telephone and advised her thai he may be moving but that he would continue to represent her if he did. He stated that Ms. Smith's interests were protected at all limes but that it was Ms. Smith's choice to hire another anomey. He then called Ms. Smith and discussed the matter wilh her. infonned her that all fees paid had been earned. and that her file was selll to her.

He stated that there was no funher communication with Ms. Smith or her new attorney. He asserted that it was an oversight on her pan that payment by Ms. Smith for anticipated COSIS was not relurned to her and that it did not result in dishonesty. fraud, deceit. or misrepresentation on his parI.

Mr. Melvin Jackson Clinton,AR A letter of caution was issued to Mr. Melvin Jackson for the violation of Model Rules 1.3 and 8.4(d) based upon the Complaint Beiore The Committee. The letter was filed December 31, 1997.

These Rules state thai 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.

The Arkansas Supreme Court referred this maller to the Professional Conduct Committee

because of the failure to perfect the appeal of Roben Caple. The relevant factual circumstances begin with the conviction of Robert Caple on May 18. 1995. His trial counsel.

Karen Baker. timely filed a Notice of Appeal.

On June 18. 1995, following appointment to a judicial office. Ms. Baker began notifying the necessary parties of the change. She learned during that time that appellant had retained another altorney, Steve Kirk. who had also filed a nOlice of appeal. When Ms. Baker left her position as public defender, allorney George Stephens assumed that office. A one hundred twenty day extension within which to ledge the record was obtained by Mr. Kirk on September 14. 1995. Apparently Mr. Kirk's services were temlinated because of Mr. Caple's inability to pay for the transcript. Mr. Kirk then received a letter addressed 10 attorney Stephens from Sue Newbery. the Criminal Justice Coordinator.

The leller stated. among other things. that the Notice of Appeal filed by Mr. Kirk was ineffective and. in her opinion. the responsibility of the appe<ll was with Mr. Stephens. On April 20, 1996. atlorney Ralph Blagg replaced Mr. Stephens as public defender. Shortly thereafter.

Ms. Newbery called Mr. Blagg and asked that he file a Motion for Rule on the Clerk to permit belated filing of the record. Mr. Blagg apparently directed Jackson in his capacity as deputy public defender to file the motion. Jackson did so and the Motion was granted. However, Jackson failed to request the coun reponer to prepare the record resulting in another extension to January 14. 1997. Although the record was not filed on that day Jackson did file a Second Motion For Rule on the Clerk and a Motion to Wilhdraw. At that time Jackson was no longer a Deputy Public Defender. On February 17. 1997, an Order to Appear and Show Cause why he should not be held in con路 tempt of court for failure to perfect appellant's appeal within twenty-two months was issued.

At the show cause hearing Jackson accepted full responsibility for his actions.

In his Affidavit of Response Jackson again accepted responsibility for the late record but added that he was under the mistaken impression that the responsibility was with the Van Buren County Public Defender. In December 1996, Mr. Blagg's contract had expired and Bruce Bennett was awarded the contract for the public defender's position. Jackson concluded by expressing his regret that this delay occurred <lnd stating that he had not knowingly violated any of the rules.

COII/iUtted on page 4/

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10

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Jack W. Dickerson H. Tyndall Dickinson Philip E. Dixon Thomas F. Donaklson, Jr. Darrell D. Dover Winslow Drummond

Davis Dury B. Michael Easley Byron M. Eiseman. Jr. John D. Eldridge Don R. E1lion. Jr. John R. Elrod Stephen En&<trom Robert R. Estes Mike Everett John C. Everen Oscar Fendler John A. Fogleman Robert M. Ford Kathetine C. Gay Sam Ed Gibson John P. Gill W. Dent Gitchel David M. Glover Charles L. Gocio John C. Gregg Murrey L Grider William M. Griffin. III Ronald L. GriW David K. Gunti Michael E. Hale Donis B. Hamillon Frank S. Hamlin David M. Hargis David K. Harp Paul E. Harrison Dave WISdom Harrod Richard Hatfield William D. Haught Brad L Hendricks Sam Hilburn Henry Hodges Alice L Holcomb W. R. Holland Cyril Hollin&'W0rth Don Hollin&'Wotth Qiff H. Hoofman Ronald A. Hope

lal." ,Ia. I/lIinlrr 1998

Robert E. Hornberger D. Michael Huckabay Ann B. Hudson Clint Huey Alan R. Humphries Eugene Hunt Donald T. Jack, Jr. Sherry L Jenkins Alston Jennin&< Louis B. Jones, Jr. Glenn W. Jones, Jr. Robert L. Jones, III Philip E. Kaplan William H. Kennedy, III Judson C. Kidd Warren O. Kimbrough Milam Mike Kinard Peter G. Kumpe H. Baker Kurrus David N. Laser Sam Laser John T. Lavey Ike Allen Laws, Jr. Leland F. Leatherman Samuel E. Ledbener Ronald T. leMay Robert O. Levi Harry A. light John G. Lile, III Edwin L Lowther, Jr. Parry W. Lueken Philip K. 4'on D. Price Marshall, Jr. William A. Mattin David R. Manhews Gail Matthews Stephen A. Matthews Joann C. Maxey Ronald A. May S. Hubert Mayes Jr. Herbert H. McAdams II Bobby McDaniel James H. McKenzie James A. Mclarty III Sidney S. McMath Phillip H. McMath James Bruce McMath Jack A. McNulry

Russ Meeks H. Maurice Mitchell Michael W. Mitchell Gary J. Mitchusson Thomas Ark Monroe Edward O. Moody James M. Moody Harry Truman Moore Richard N. Moore. Jr. James L. Morgan Kenneth R. Mounon Rosalind M. Mouser Wm. Kirby Mouset Charles T. Mulvey Jr. Ralph C. Murray Timothy J. Myers E. Sheffield Nelson George H. Niblock Raymond L Niblock Walter R. Niblock Johnny L. Nichols R. Gary Nutter Bobby Lee Odom Conrad T. Odom Joe D. Olson David L. Osmon Hugh R. Overholt Charles C. Owen Charles R. Padgharn Edward M. Penick E. Lamar Pettus John V. Phelps Norwood Phillips David A. Pierce John B. Plegge David M. Powell William I. Prewett Donald C. Pullen Janer L Pulliam John I. Purtle Louis L Ramsay, Jr. Brian H. Ratcliff J. Thomas Ray Elton A. Rieves, III Charles B. Roscopf Charles D. Roscopf Kent J. Rubens John L Rush

Donald S. Ryan Sandra L Sanders Don M. Schnipper I.saac A. Scon Jr. John R. Scon John S. Selig Frank B. Sewall Dennis L Shackleford James B. Sharp Robert Shults James Marlon Simpson, Je Ted C. Skok05 J. Timothy Smith Ray S. Smith, Jr. Robert D. Smith, III Laura H. Smith David Solomon Donald M. Spears James D. Sprott Thomas S. Stone Leonard P. Strickman John F. Stroud, Jr. William H. Sunon Roben F. Thompson Denver L Thornton Danny Thrailkill Robert D. Trammell Fred S. Ursery Matt Vehik W.J. Walker Bill H. Walmsley C. R. Warner, Jt. Timothy F. Watson, Sr. Jennifer D. Wheeler Bernard Whetstone Bud B. Whetstone John W. Whitehead W. Jack Williams, Jr. J. Gaston Williamson Michad K. Wilson Russell B. Winburn Carolyn B. Witherspoon Mmba ax- Woodruff Henry Woods Robert R. Wright, III Damon Young Paul B. Young Roben E. Young

Lawyer Disciplinary Actions Contifluedjrom page 38

As of January 9, 1998, the Association members whose names are listed on the previous page are Sustaining Members for this bar year. In the next (Spring) issue of The Arkansas Lawyer, the Final List of 1997-98 Sustaining Members will be published. The $100 annual payments by the Sustaining Members are utilized for professional and community projects which cannot be funded by the regular budget of the Association.

The Arkansas Bar Association would like to thank aU Sustaining Members for their generosity. They will be recognized also at the June Annual Meeting.

PLEASB ENR.OLL ME AS A

1997-98 SUSTAINING MEMBBR. OF THE

A1u<ANSAS BAR. AsSOClATION. My $100 IS ENCLOSED AS INDICATED BELOW.

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Mr. George James Slone Jasper, AR A leller of caution was issued 10 Mr. George James Stone for the violation of Model Rules 1.3 and 8.4(d) upon the Per Curiam com-

plaint on appellant Wake Williams. This Icller was filed December 31. 1997. These Rules state, in parI, thai a lawyer shall aCI with reasonable diligence and promptness in representing a client; and, <l lawyer shall not engage in conduct that is prejudicial to the administration of justice.

Based on his actions as recited in the Per Curiam Opinion by the Arkansas Court of Appeals in the case of Wake Wil1i(Jm~ \' SWle, CR97-952, Stone had 10 file a Motion For Rule On the Clerk in order to perfecl his client's appeal. Although the record was due by June 19,1997. Stone failed to lodge it on time. This necessitated the granting of the above-referenced motion in order for his client to pursue his criminal appeal.

Stone was personally served with Ihe disciplinary complaint on September 6, 1997. His response was due on OClober 6. 1997. No response was received from him, nor did he request an extension.

Pursuant 10 the Procedures of the Arkansas Supreme Court Regulating the Professional Conduct of Allomeys at Law, Section 58(1). thecomplainl was submitted to the Committee for adjudication .â&#x20AC;˘:.

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In Memoriam THE HONORABLE PAUL KELLY ROIlERTS

SUPREME COURT JUSTICE

N. DALE PRICE Fomlcr Eureka Springs resident and

Arkansas Supreme Court Justice Nannan Dale Price, 73, of lillie Rock, died in December in lillie Rock.

Price, a trial lawyer, was a member of the American Board of Trial Anorneys, American Trial Lawyers Association. past president of Arkansas Trial Lawyers

The Honorable Paul Kelly Roberts, 10th Judicial Circuit Judge (Retired), age 84 of Warren, Arkansas, died Friday, November 2 I, at Bradley Coul1lY Medical Center.

He was born July 27, 1913, in Cleveland County, Arkansas, the last surviving child of John William Roberts and Tennessee (Tennie) Ella Ferguson Roberts. He received his education in the Bradley County School Syslem, was a graduate of Arkansas A & M College. and earned a JD and LLB from the University of Arkansas at Fayetteville.

He was a United States AmlY Veteran of World War II, a member of the Warren VFW and American Legion and served a number of years as Veteran Service Officer for Bradley Counly.

Judge Robens served 10 years as Bradley Coul1ly Municipal Judge and 16 years as Circuit Judge of the 10th Judicial District.

The Arkansas Bar Foundation acknowledges with grateful appreciation the receipt ofmemo· rial gifts and scholarship contri· butions given in memory of the following individuals from October 26, 1997 through JanUQry 26. 1998:

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Association, and a member of the American, Pulaski County, and Arkansas

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Bar Associations.

Mr. Price was active in the Arkansas Bar Association through his forty-five year legal career. He was elected 10 the House of Delegates and Executive Council and served as Chair of the Executive Council of the Arkansas Bar Association.

He chaired both the Association's Annual Meeting and Automobile Insurance Committees and served on the Public Informal ion, Legislation, Lawyer Referral Service and Resolutions Committees. He was also a Fellow of the Arkansas Bar Foundation.

He was an avid fishenllan and outdoorsman.

He is survived by his son and daughter-in-Iaw, Robert Joseph and Vickie Price of lillie Rock; a brother and sister-in-law, Joe and Marg Clegg, and sister-in-law Barbara Specht, all of Florida; and II nephews and nieces.

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