Help ../
Dynamic Site Design
../
Compelling Content
../ Targeted Traffic
Your future clients are on the Web. We'll help you find them. West Client Development Services helps you effectively use the Web to enhance your new business efforts. Today, the three critical components for online success are design, content and traffic. We can help you build an online presence that uses all of these to deliver real results. Stop missing out! See how West Group makes the Web work for you. Call 1-800-762-5272, or visit http://products.findlaw.com
• .&
\\'1-~<;T
CIIOl'1'
FindLaw: www.findlaw.com
PUBLISHER
Arkml5aS Bar Association Phone: (SOl) 375-4606 Fax: (501) 375-4901 Homepage: www.arkbar.com E-Mail: pjones@arkbar.com EDITOR
Pat Jones GRAPHIC DESIGN
Contents VOLUME 37, NUMBER 3
Sara Landis EDITORIAL BOARD Stuart P. Miller, Chair Judge Wiley A. Branton, Jr. O. Milton Fine, U Morton Gitelman J. Leon Holmes Christopher Travis Brian Anthony Vandiver David H. Williams Jacqueline S. Wright OFFICERS President H. Murray Claycomb Board of Governors Chair James D. Sprott President-Elect Thomas A. Daily
Features 16
8 Why Lawyers Are Not Running: For the Legislature - Not 10K's
by Lu Hardin and Rita Fleming
How the Chad Changed the National Image of the State of Florida, and What It Means to Voters
by Tim Humphries
Immediate Past President Sandra Wilson Cherry Secretary-Treasurer William A. Martin Parliamentarian Jeannette Denham Young Lawyers Section Chair Cindy Thyer Executive Director Don Hollingsworth Associate Executive Director Judith Gray BOARD OF GOVERNORS M. Stephen Bingham Anthony W. Black Judge Wiley A. Branton, ]r. F. Thomas Curry Elizabeth Danielson Boyce R. Davis Lance B. Gamer Dave Wisdom Harrod Robert "Skip'" Henry Gwendolyn D. Hodge ]im L. Julian Philip E. Kaplan Sean T. Keith Marie-Bemarde Miller Chalk S. Mitchell W. Frank Morledge Donna C. Pettus Terry M. Poynter James M. Simpson.]r. Eddie H. Walker, Jr. Robert E. Young LlAJ50N MEMBERS Judge David Burnett Steve T. Shults Teresa M. Wineland Carolyn B. Witherspoon The Arb"j/lj L/lwyer (USPS 54().{)40) is published quarterly by the Arkansas Bar Association. Periodicals postage paid al Uttle Rock. Arkansas. POSTMASTER: seod address changes 10 The Arb"uj l.Ilwyu, 400 West Markham, Ullle Rod:. ArkallSi\S 72201. Subscription priCt' 10 non-membl..-rs of the Arkansas Bar Association $25.00 per year. Aoy opinion expressed herein is thai of Ihe author, and not oeressarily thai of lhe Arkansas Bar Association or The Ark/lllUS l.Ilwyu. Contributions 10 Th~ Arblls/ls I..Ilwyu are welcome and should be seol in two copies to EDITOR,. The Arlrlln-S/ls unoyD', 400 West Markham, Little Rock, Albnsu 72201. All inquirie:. regarding advertising should be sent to Editor, The ArkMnUlj l.Ilwyer, ailite above address. Copyright 2002, Arkansas Bar Associalion. All rights reserved.
12
30
A Lawyer's Impact As Legislator: Personal Experiences and Observations
Rose v. Rose: The Meaning of Indignities in Early Arkansas Divorce
by David Matthews
by Frances Mitchell Ross
ANew President Murrav Clavcomb Quiet Determination, Hard Work, Familv and Friends lead to Success lor New Bar President BvPatJones
23
On the cover (I. to r.): The Claycomb, Charlotte. Stephen, Jeanne. Murray. Sara, Scott,
Adair and Tienna Contents Continued on Page 2
Contents VOLUME 37, NUMBER 3
In This Issue 3
32
President's Report,
Judicial Advisory Opinions
by Murray Claycomb
33
5
CLE Calendar
Executive Direc£Or's Report,
by Don Hollingsworth
34 Lawyer Disciplinary Actions
II YLS Section Report,
38
by Cindy Thyer
Arkansas Lawyers Receive Honors at Arkansas Bar Association Annual Meeting
28 Book Review Old Seeds in the New Land, His£Ory and Reminiscences of the Bar of Arkansas
40 In Memoriam
by Philip S. Anderson
44 Classified Advertisingllndex
£0
Advertisers
(i'""";) Arkansas BarAssooatlOf1
400 W. Markham little Rock, Ark.ansas 72201
HOUSE OF DELEGATES Delegate District I-SE: Ray Allt:n Goodwin Delegate District 2-5E: K:uhuine C. Wilson Delept. District 3·SE. Paul D. W>KIddl. IXnn;, Zolp<r. Jdf Pu'Y<"r Delepte District 4-SE. Bm E. B=q. J•. Delegate District 5-5E: Kent J. Ru~ns Delegate District 6-SE: ChriStopher M. Morlcdgt: Delegate District 7-5E: Buck Gibson Delegate District I-SE: Howard L Manin Delegate District 9·5E: Jim Pat Aowc:rs Delegate District 10-5E: David L Sims, Anthony A.Hilliard Delegate District II-SE: Richard L Ro~r Delegate District 12-5E: James A. Hamilton Detepte District 13-SE: Brian H. Ratcliff, Robin j. Carroll De~te District 1"-5E: Christie Adams, Matthew tGmmd Delegate District IS-SE: Todd M. Turner, Bryan T. McKinney Delegate District I6-SE: John T. Vines. Janie M. Evins Dtiegate District 17-5E: James Ralph Jackson Delegate District I-NW: Hardy W. CroxtOn, Jr., George R. Spt:nce, Edwin N. McClure, Lisa L Kelley Delegate District 2-NW: Shannon L Fant, Raymond L Niblock. Steven S. Zega, Tim Snively. Matthew R. Durrett. Chris R. Rttd. April M. Rye, David J. Whil2ker. Michael J. Hodson Delegate District 3-NW: Shannon L Blatt. Timothy C. harum, Niki T. Cung. Jason A. Martina, James O. Cox. Ikn H. Shipley Delegate District 4-NW: Daniel B. Thrailkill Delegate District S·NW: Steve B. Davis Delegate District 6-NW: David L Eddy, John T. Tatum II Delegate Dtstrict 7-NW: Danny M. Rasmussen. Rhonda K. Wood Deleg<ate District 8--NW: Ted Sanders Delegate District I-e: harles L Schlumberger. Don K. Barnes, EJiubelh A. Thomas Smith, Harry A. Light, MdVll J. Harmon, John C. Wade, Jeff Broadwatet, Marcella J. Taylor. Rttd R. Edwards, M. Stephen Bingham. John C. Wyvill. Causley Edwards, Brad Hendricks, David W. Sterling, Parrick Harris, Brenda N. Stallings, Mark H. Allison, David Raupp, Rick Ramsay, Parrick D. Wilson, Valerie Kelly, Gregory L. Crow, William . Mann, Lacy Kennedy, Harold J. Evans, Colette D. Honorable, C. Tad Bohannon, Jerry Larkowski, Amy ~ Stewart, Danyelle J. Walker Law Student Representatives: Man Lindsey, University or Arkansas School or Law; Joel G. Hargis, UALR William H. Bowen School orLaw
2 TI,e Arkansas la-'Yer www.arkbar.com
Pre~idellt'~ Report
The legislature - Where do we go ~ trom hereil bV Murrav Clavcomb This is my first opportunity to communicate with the membership of the Arkansas Bar Association as the President
for [he 2002-2003 year. I am very honored co serve in this capacity. I look forward to working to continue and expand the varied and valuable services provided by the Arkansas Bar to the membership as well as working on the many issues and projects
already before us. The focus of this article is on the upcoming legislative year in 2003 and what it means to the Arkansas Bar Association. The composition of the Arkansas
General Assembly has changed drastically over the last several years. The number of lawyer legislacofs and the positions of influence which they have held in the past are a thing of the pase. Due co term limits, the longest experience of any of the legislators. unless they have crossed over from another house of the General Assembly, is four years. There will be a major influx of new legislatOrs who will assume rheir offices in January of 2003. The Arkansas Bar Association will have a much more difficult situation in this new legislative session. Another factor with which we have to contend is the public perception of the legal profession, which some of the legislators will share. In the past, the Association has had the benefit of being able to rely on anomey legislatOrs who were knowledgeable abom the legislative process and who held leadership positions. This is especially important in the Senare and House Judiciary Comminees. This enabled us ro both promore our legislative package and to detect and resisr ill advised legislation which would nor be in the best interest of the public or of the law profession. This is no longer rrue. In the past, lobbying efforts have been
provided by a pan time lobbyist, each of
~if1··~
~I
• iI••
,
whom performed well under the existing circumstances. However, the circumstances have changed. The Arkansas Bar Association recognizes that a new more substantial lobbying effort will need ro be made. For that reason, the governing bodies of the Association have authorized employment of a lobbyist on a year-round basis, which naturally involves greater expense. This should enable our lobbyist to devote the time and effort necessary to become acquainted with many of the legislators and to establish relationships before the session begins. The Association has contracted with former President, Jack McNulty, to serve in this vital capacity as
Lobbyist. The Bar Association leadership has concluded that because of the limited experience of the new legislators, the best way for the Association to successfully communicate our reasons and justifications for our legislative package and to persuade the legislacors, is to be able to reach each of them by a legislative network. We have had such a network in the past on a more modest scale than what will be needed in the future. In order to be able to reach all 135 Senators and Representatives, we will need to have ar least one person in every county or district who has credibility with his or her representative and who will make the necessary contacts when the need arises. The grass roOts legislative network and the lobbyist are only going CO be as effective as our ability CO communicate with each other and the members of the Legislature. The Legislation Committee is the Bar Associacion's principal link to the Lobbyisr.l In order to facilitate this process, the Association is contracting with a firm known as "Voter Voice," which will enable quicker and easier communications and provide the members of the legislative network with the necessary information and messages which they can utilize to
communicate the Bar Association's position and to urge the legislators co suPPOrt the Association's position. In order ro be
successful, your help will be needed. I am happy to announce that Charles Schlumberger is the Chair of the Legislation
Commircee for rhe Bar year 2002-2003. There will be a number of issues importanr to lawyers that will be before the
2003 Legisla[ure. One of [hem will be rhe Arkansas Bar Association's legislative package. induding, among others, uniform laws and bills for implementation of Amendment 80. There are other matters that raise serious concerns. There are already strong indications that there will be a major tort reform effon made, maybe drastic in nature. Due to decreased state revenue, efforts may be made to place a sales tax on professional services. In the past, when the financial situation for the State was more favorable than it is now, we were able to persuade the Legislature that such a tax was not a desirable course of action. However, with the current situation, this may not be as easily accomplished and we should be prepared to deal with that issue. It has been the Association's position in the past that jf the state taxes professional services of lawyers. it should likewise tax other presently exempt services. This mayor may not be persuasive in the furure. We also need to explore. in the context of dealing wirh such concerns, who would be our aBies in such matters. The Legislation Committee is charged with the responsibility of supporting and working with the lobbyist and assisting with efforts to provide the necessary support for passing our proposed legislarion, providing wirnesses for committee hearings, and working with the legislative network and
Vol. 37 No. YSurnrner 2002
President's Report Continued on page 44 TIle Arkansas Lawyer
3
Executive Diredor,,' Report
Association Reorganization Completed bV Don Hollingsworth email: dhollingsworlh@arkbar.com In ovember 1999 the membership of the Arkansas Bar Association displayed unanimity seldom seen in an election. Bya vo<e of 1,298 to 74, the membership
be abolished through redistricring, were allowed [0 serve their existing terms of office.
approved changes in
Board of Governors
OUf
Constitution
dealing with reorganization of governance and rdated maners. Since rhe final parts of the reorganization were implemented in June, and since a surprising number of members have been asking questions about our new governance. I decided this was a good rime CO review in this column some of the changes in governance. A major component of the reorganization was the escablishmem of a Board of Governor which manages the ever increasing business of the Association. It replaced the old Executive Council, and unlike the Council, it is elected by the membership primarily. Our broad based House of Delegates was retained and concemrares on major policy decisions facing the Association. With 89 members. the House of Delegates was roo large to handle effectively the more business oriented issues of the Association. Two prime examples of the policy decisions
handled by the House are the legislative package and policy positions of the Association on matrers pending before the Arkansas Supreme Court. A currene
The Board of Governors is composed of eighteen Governors elected by members in upon Association disrricts based membership and three additional, at large, Governors who are appointed to staggered terms, one appointed each Spring by the incoming President. A primary purpose of each incoming President having one appoil1tmel1t [0 rhe Board of Governors is to assure more diversity on the Board. Joining the 21 Governors on the Board are the Officers of the Association. Additionally, there are six liaison nonvoting members on the Board of Governors. The Board of Governors normally meets during the months of August, late ovember I early December, and April, with the month of the fourth annual meeting determined by the particular business needs of the Association. Board meetings normally begin mid-afternoon on a Friday and end at noon on Saturday. As is true with meetings of the House of Delegates, all Association members are welcome to attend these meetings.
me
example of the Janet is Association's petition pending before the Supreme Court requesting the establishment of an Arkansas Professional Practicum for newly licensed attorneys in Arkansas. fu parr of the esrablishment of the Board
of Governors and the redistricting of the House of Delegates as explained below, the three spring elections after November 1999 were utilized to phase in the positions
gained by some parts of the state. This phase in also assured that members of the House of Delegates and members of the old Executive ouneil, whose positions would
House of Delegates There are 89 members of the House of Delegates, as was true before the recent reorganization. Eighty-one of the members are elected by Association members from Delegate Districts established on the basis of Association membership. The Officers are also members of the House of Delegates, and the mher [VoIO Delegates are a law student representative from each of the ['\\'0 law schools in Arkansas. Under the reorganization the House of Delegates has [Vola regular meetings each
year instead of three, although the House may meet at other rimes if needed. Currently the regular meetings are held on Saturdays during the June Annual Meeting in Hoc Springs and the January Mid-Year Meeting in Memphis.
Presidential Elections Presidents of the Arkansas Bar Association are now elected from three State Bar Districts - on a rotation basis - instead of the previous five which existed before reorgani7..3tion. The three State Bar Districts are Central (Pulaski County), Northwest and Somh&Easr. rThe lattcr district runs from Clay Couney in the far northeast to Miller County in the far somhwest.j These State Bar Districts were created on the basis of Association membership statewide. Under the old five district system, potential candidates for Presidenr outside of Pulaski County only had a window of opportunity every six years to run for President. ow that window of opportunity is every three years. Considering the additional demands of the Office of Presidenr today, this enables candidates to better plan for potencial service as President. A not infrequent question is who can vote for the President, i.e. some members assuming it is limited to those residing in the specific state bar district. The three districts are only for the purposes of nomination and rotation of the Presidency around the state, and thus all members receive a ballot for President when there is more than one candidate.
Redistricting At least once every ten years, the House of Delegares is responsible for reviewing
Executive Director s Report Continued on page 43
Vol. 37 No. 3/Suml11er 2002
TI,e Arkansas la"ycr
S
The POWER of ,
Practice Handbooks
Legal Career Center
Have it Ytmr way.' Customize Your Library ofAssociation Handbooks '0 SlIi, Yollr Personal Style
The Arkansas Bar Association is proud to offer the area's largest
Select from among Rrim offerings including the Arkansas Form Book, Domestic Relations, Debror/Crediror, Probate Law, Handling Appeals 0' Real Estate Title Standasds in Arkansas.
OR Choose [he Arkansas Form Book, Debtor/Creditor or Probate Law Handbooks in word processing format.
OR
online legal career cenrer - the centralized location where employers, lawyers and suppOrt Staff meet. Search by position, years of experience, areas of law, location and more!
Go to www.arkbar.com and click on the Legal Career Center.
Opt for the simplicity of a CD ROM comaining anyone or any combination of the following: Arkansas Form Book, Debtor/Creditor, Probate Law, Handling Appeals in Arkansas or Real Estate Title Standards in Arkansas.
Legal professionals desiring a job change can submit their resume
The handbooks are now also available when one subscribes ro the Arkansas Secondary Law Menu from LexisNexisâ&#x201E;˘ at www.lexis.com.
Employers can recruit top legal professionals at a much lower
To order call 501-375-4606 or 800-609-5668 or email rhicks@ackbar.com. Or visit our website at www.arkharcorn for further information.
online. on a confidential basis if desired.
cost than an ad in the local paper.
~u r
•
Membersh I p
arkansasfindalawyer@
An on-line anomey directory for Association members only. Review the directOry by going
to
Call Rebsamen Insurance at 501-664-8791 or 888-272-6656 for Association discounts on:
• Professional Liability • Group Term Life Insurance
W\ffi'.arkansasfindalaWJ"U-com
Over 40,000 Hits per month
CLE Seminars at Reduced Cost
The cornerstone of an attorney's professionalism is
• Accidenc • Hospital Indemnity • Overhead Expense • Disability Income • Long-Term Care • Critical lIIness
skills. The Arkansas Bar comprehensive statewide
Call UPS at 800-325-7000 and identify yourself as a member of the Arkansas Bar Associarion, or use account #CP290001685.
Retirement Plan
pay reduced tuition!
ABA Members Retirement Program. Cal I 800-826-8901 or visit the website at www.abareriremenr.com.
Credit Card Program
Professional Networking
CLE progranl, and members
The MBNA Platinllffi 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 for an application.
· · · ·
The Arkansas Bar Association is the best opportunity in Arkansas for attorney interaction through the Association's public service projects, sections and committees. The Annual Meeting of the Association each June is attended by 1,000 Arkansas attorneys and hundreds of family members.
Th~ Arkansas
On-line legal research
Tlu Nnmbulktin Annual Mtmbtrrhip Diuctory and OrganiZAtional Guidt
from Lexis-Nexis is
Ugisln.titJ(! Summary ftom thi!
for members.
Hill Guidt to Arknmas
·
discounred
Visit www.lexis.com of
or call
800-356-6548.
Tht! UALR Low &viroJ
Advisory Ethics Opinions It's nor always black and white. In the practice of law, there's a lot of gray. Your Association's Professional Ethics and Grievance Committee can help. Within specific guidelines, the Committee will issue an opinion on the member's proposed conduct. There is an administrative charge of $50.
Booklets & Guides • Consumer Law Handbook
·
Lexis-Nexis
Lnwytr Mngazint
· Limitl1tio7IJ Statuu · Tht ArkomflS Law Review
Delivery Service
up-co-dare information and Association provides the most
Publications FREE to Members
Insurance Discounts
Senior Citizens/Caregivers
Guide
• Small Claims Booklet , • Arkansas Veterans Handbook Call 501-375-4606 to order or download from www.arkbar.com
Section Web Pages The Sections of the Arkansas Bar Association now have their own web pages at www.arkbar.com. Click on "Comminees and n Sections, and then click on the "Sections(s)" co which you belong.
Mailing Labels To purchase mailing labels of members at a discount, contact Barbara Tarkington ar 501-375-4606 or brarkingron@arkbar.com.
Conference Room Association members can utilize the conference room at the Arkansas Bar Center for cliem meetings, deposit.ions and similar matters. Contact the Association office at 501-375-4606 or 800-609-5668. The room has seating for 12 to 14 persons. The Bar Center is located across the street from the Pulaski County Courthouse.
WHY LAWYERS AR-E NOT R-UNNING: FOR- THE LEGISLATUR-E - NOT 10K'S By Lu Hardin" Rita Fleming Statistics provided by Steve Cook
B
eginning with the 84th General Assembly,
there
eXists
term limits were a major reason that
the
surprising possibiliry that there
fewer arrorneys were serving. Former Stare Senator Morri! Harriman of Van
will be no attorneys in the Arkansas
Buren stated "With term limits, we see
Senate and only a few in the House of
fewer and fewer people in the legal
Representatives. Why, after a century of attorneys being prominenr bmh in membership and leadership in
profession running. And within the legal profession icself, the time required to be spenr within a full time
the Arkansas Senate and House. have we come co a time when only
law pracrice makes it economically impractical for arrorneys ro run for the legislarure."
a few lawyers will be serving in the General Assembly? In the past,
attorneys have run for public office for a number of reasons.
According
{Q
former Srare RepreselHative Mike Wilson of
Before advertising, many young lawyers would run to get their
Jacksonville, the legislative lawyer members outside the Cemral
name before the public; morc idealistic young anorneys ran for the
Arkansas area practically have ro give up their practice for those
admirable goal of public service; and others ran because it seemed like a natural career progression. So. why are there fewer attorneys now in the Arkansas General Assembly, and what is the cause? I put the question before several members of the bar who have also
days that the legislarure is in session. They are also obligared to attend committee meetings throughom the rime that the
served or presently serve in the Arkansas Legislarure. and here are their responses. Almosr all attorneys inrerviewed for this article indica red thar
legislarure is in recess. Many fed obligated to perform public service but, also, have to support their family. Representative Wilson stated that. "many lawyers serve on local commissions and boards, bur it is a different proposition to pick up and move to Little Rock for several weeks during the session. This crcares a rension between fulfilling a moral obligation ro perform public service and fulfilling a moral obligation to support YOUt family. Most are now choosing to fulfill their public service through local
Lu Hardin is a former Srare Senaror who is currently of counsel to Bullock and Van K1eef in Russellville, Arkansas, and Direccor of the Arkansas Deparrmenr of Higher Education. Rita Fleming is a second year law srudenr at the UALR Bowen School of Law, Coordinaror of Finance for the Arkansas Higher Educarion and a Cerrified Public
Departmenr of Accounranr. Sreve Cook is Legal Counsel
8 TI,e Arkansas lawyer
and community service rather than stare-wide service." State Senator Mike Beebe of Searcy believes thar a law degree is a wonderful asset in the legislature.
Regardless of whether you practice, it teaches you analytical thought and thar there are two sides ro every issue. The decrease in la"'}'ers is pardy due to term limits.
VAW Jrfta'
the Arkansas Senare. ~n
It's simply not worth a
la"'}'er re-adjusring months of his or her life for a six ro eight year period.
to
Senator Beebe scared ''I'm
prejudiced. A legal education is the finest education you can get.
While you certainly can have roo many lawyers in the
legislature you can have too few.
The possibility of bad or
violation of the rights of free speech and freedom of association.
Almost all the attorneys interviewedfor
The bill was amended in the Senate Judiciary Committee and was
this article indicated that term limits
activity interjected. The legislation passed and met constitutional
patterned after the federal RlCO law with the concept of gang
were a major reason that fewer
muster. Therefore, the stakes are somewhat high; over 2,000 pieces of
attorneys were serving.
legislation are introduced during a legislative session. Legislative staff attorneys, many times, are not in a position to challenge or question the legislator.
The result during the next legislative
session, with few attorneys could be questionable bills passing both unconsrirurionallegislarion gerting imo law could increase."
It is disturbing to Senaror Harriman that the number of persons "In a citizen legislature you don't want a lot of lawyers. bur you aJso don't wam there to be none. You need a sufficient number of people with legal training to make sure the legislative bills meet constitutional in
me legislature with a legal education are declining.
merit and ro make sure that the bill's language is written in a way that fulfills the imenr of the legislature and is not ambiguous." Trial arcorneys and constitutional scholars credit the State Senate Judiciary Committee in the late 1980's through the 1990's with cleaning up bad legislation and defeating unconstitutional bills. What will be the ultimate resuh and effect on the legislative process with fewer attorneys? Clearly, the process will suffer without the eye to detail of an attorney who has practiced in the areas of real estate, commercial law, criminal law or domestic relations.
Two examples come to mind that the State Senate
Judiciary Committee dealt with in the early 1990's. First, a bill was introduced that gave grandparents unrestricted access to the chancery courts to petition for visitation. While conceptually this may sound good, passage of this legislation could have doubled the caseload of the chancery courts as well as purring the grandparents
the House and the Senate. With term limits, the attorney that is willing to serve will have to
be motivated primarily by public service. It is a rich tradition of
our profession that many think we have neglected in recent years. As Representative Wilson stated, "Lawyers have an ethical and moral obligation to return to the community and state the advantages they have." •
Attorneys in the General Assembly, 1981·2003 Session Year
Senate
House
(35 members)
(100 members) 13 17
1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003
7
10 12 15
14
17 13
16
19 17 19 18 17
14
13 15 13 14
10 5+
9 3 or less
and son or daughter in an adversarial relationship on visitation. A second bill was filed that made membership in a "gang" a felony.
Source: Steve Cook, Legal Counsel, Arkansas Senate
This bill was obviously, blatantly unconstitutional on the basis of
..
Rcgbtcrc<l Profc.-ssional Engineer in 3 3(;UCS.
..
9 )'e-olr3 of experience ~ President of brge distributor spc..'Cialll.ing in all t) pes of s:tf~l)' c..oquipmem, majOr cmphasb on mClal fonning and stampin~.
..
II )'e:tD o( experience as IJre3idcnt of company Im'oh'cd in repair :lnd rewinding electric motoD and manuf-acture. sales. installation and ben'iclng of ck..-ctriC"oll c..'Ontrol pancls (or indu.,tr,
..
14 fe'olD o(experiencc with Gcncr..1 Bcctric Co. in cnginecrinl'l and industrial S:&lcs.
or
..
Eo:trnc.-c.I US· Eh.."Clrical Engincc:rin~ in 1917.
..
Complete curriculum' hac and n:(erc=ncet> on rcquot.
John E McAllister· 3 Pallsandro Drive· Hot Springs Village. AR 71909-4613 Phone (501)922-1709 Fax: (501)922-4177 VoL 37 No. 3/Summer 2002
n,e Arkansas lawyer
9
Invesbnent advice from FinAncial Engines is now available to ABA Members Retirement Program participants. We've taken a good thing, and made it better with online investment advice. The only retirement program created specifically for law firms offers personalized online investment planning from Financial Engines. Program participants benefit from detailed allocation and diversification recommendations in addition to assistance with the creation of individual strategies geared towards specific retirement goals. This further enhances the Program's investment lineup of eight core funds, three structured portfolio services, and an integrated brokerage option. With over $3.5 billion under managemenL we provide flexible plan services with comprehensive management tools that minimize your £mancial administrative time. engmesYour firm is eligible to participate if you or one of your partners or shareholders is a member of the Arkansas E1ar Association or American Bar Association. And because the Program has no minimum investment requirements it's just as easy for small firms to get started as large. That's flexible investments and full service, delivered to your firm regardless of its size. And it's now enhanced with online investment advice. The ABA Members Retirement Program does more than ever to help your participants make the green.
ABA MIMBIRS
RETIREMENT PROGRAM Arkansas Bar Association For a copy of the prospectus With more complete tnformatlon, Including charges and expenses aSSOCIated with the Program, or 10 speak WIth a Plan Coosultanl call 1-801)-826·8901, visit W'WW.abareliremenlcom or write to ABA Members Retirement Program· P.O. Box 2236· Boston, MA' 02107·9950 abarelirement@citistreetooline.com. Financial Engines· IS 8 registered trademark of Financial Engines, Inc. All adviSOf)' services are provided by FinallClal Engines AdvIsors. LLC~ a federally·roglslered investment ecMSOf. Be sure to read the prospectus carefully before you Invest or send money. The Program IS available through the Arkansas Bar Association as a members benefil However, thiS docs not conSlJtute, and IS In f"IO way a recommendatIon With respect to any secunty that is available through the Program
""
~
You ll<' ScctiOll J{cnorl \:> Lawycrs _ r
We must endeavor to fix the problem of perception bl/ Cindl/ Thl/er As I was deliberating about what to write in this edition of The Arkansas Lawyer, I considered many topics ranging from voter apathy co a look at the year ahead with the Young LawyetS Section. I had actually begun writing articles on those copics, but my thoughts continued to be preoccupied by a recent event. As many of you know my husband is in the middle of a race for State Representative. We awoke one particular morning and as I ate my cereal and my husband drank the first of his morning's coffee we shared the papetS. (Actually, his idea ofsharing is that I can have the papers when he is finished, but that is a topic for another day.) As my husband read the paper, I could see the color in his face redden. At that point expletives flowed and I silently prayed that our son was still sound asleep. The cause of my husband's tirade was a letter to the edicor bashing my husband, not for his stand on education or taxes, but solely for being a lawyer. Lawyer bashing is nQ[hing new. While there most certainly are lawyers who have made decisions which have had adverse effects on our profession as a whole, every profession has its share of morally questionable characters. Most recently, accountants and priests have taken the lead in "morally questionable" activities, but the problems are not with the professions per se, but, rather with the individuals within those professions. The same is true with ours. First, we must, as a collective group, realize where the problem lies. And, second, we must endeavor to fix that problem. 1 believe that a signific3nr part of our problem is perception. Lawyers are trained a.nd ethicaJIy compelled co a zealous representation of a client even when the
personal views of the attorney are diametrically opposed to the client's views. Further, we do not live 111 a homogenous society. By its very namre, our profession often deals in shades ofgray, rather tha.n in scientific certainty. A byproduct of this fact is that our profession is perceived, not as healer, but, rather, as instigator. A quote from the following law review article, I believe, accurately reflects society's view of us as a profession: Lawyers. in other words, bestride the following cultural contradiction: we both want and in some respects have a universal, common culture, and we simuJraneously want that culture to be malleable and responsive to the particular and often incompatible interests of individuaJ groups and citizens. We expect lawyers to fulfill both desires, and so they are a constant irritating reminder that we are neither a peaceable kingdom of harmony and order, nor a land of undiluted individual autonomy, but somewhere disorientingly in between. Lawyers, in the very exercise of their profession, are the necessary bearers of that bleak. winter's tale, and we hate them for it. We hate them, that is, because they are our own dark reflection. We use lawyers both to express our longing for a common good, and to express our distaste for collective discipline. When we recognize that the ambivalence is our own, that that the lawyer is merely our agent, we use the insight as yet another dub with which to beat the profession. For then we dismiss the lawyer as a mere
"hired gun, ..."\ Obviously, in the shore space of this column, I can only scratch the surface of the problem, bue we, as a profession, should not be blind to the fact that a problem exists. What co do about it? Again, with space limitations a complete answer cannot be given here. But, at a minimum we should, at every opportunity, endeavor co educate the public that our role in society, at least at its core, is one of agency rather than partnership. Sure, we may empathize with a dient's predicament. We may even like our client and agree with his social view. But, the representation, at least at its mOSt basic level, is still one of agency. We are trained and compelled to act and do what is in our client's best interest, and we must remind the public of this fact at every opportunity. So the next time you are at a cocktail party and a relative stranger asks if you could represent someone you know to be guilty or asks if you could represent a dient like Enron, tell them, "Yes." But, most importantly tell them why. Our legal system works not because we, as a profession, condone or participate in our client's sins, but because we, as a profession, will zealously represent those in need. Second, we must continue to educate the public about the good that lawyetS do. Lawyers are professionals whose lives are devoted to service of the public. How far must one look to see the improvement of our society because of lawyers' involvement? Do you remember the number of lawyers who were recognized for volunteer service in the Arkansas Bar
YLS Report Continued on page 44
Vol. 37 No. 3/Summer 2002
The Arkansas Lawyer
II
A LAWYER-'S IMPACT AS LEGISLATOR-: PEftSONAL EXPEftIENCES AND OBSER-VATIONS By David Matthews
"In periods where there is no leadership. society stands still. Progress occurs when courageous, skillfuL leaders uiu the opportunity to change things fOr the better. " - Harry S Truman n the last cluee decades, the number of lawyer legislators in the Arkansas General Assembly has sreadily declined. It is commonplace for nonlawyer candidates to proudly proclaim, ") am nor a lawyer." However, there arc at least seven good reasons why the presence of good la""'Ycrs in the Legislature is essemial to our Stare's future.
I
Reason # I: Good Lawyers Are The Most Well Educated Citizens In The State In The Area Of Critical Thinking Skills. The purpose of the Stare Legislature is [0 appropriate money for the efficient administration of governmenraJ services and ro propose, discuss, and dispose of ideas. These speciaJ functions require an intelligent and well reasoned thought process. In analyzing appropriations and reviewing legislative proposals, legislarors should think critically abour the ultimate ramifications of their actions. Every proposed new law should be carefully scrutinized as to its need, ease of understanding, desirability, and enforceability. The proper review of proposed legislation requires one to be
â&#x20AC;˘â&#x20AC;˘ David Matthews served in the Arkansas House of Representatives from 1983 until 1990. His law firm in Rogers, Arkansas, is Matthews, Campbell, Rhoads, McClure, Thompson & Fryauf, P.A. The firm specializes In litigation and utility regulations.
12
n,e Arkansas Lawyer
lM'M'arkbarcom
able ro think critically. No segment of society as a whole is better educated in this area than a good lawyer. Any good lawyer in Arkansas will have a minimum of 19 years of formal education. The lawyer will have a college degree and will have spent 3 years learning to analyze f.'lctUal situations and apply the correct legal remedy to the solution of the problem presented. \Vhile the medic.1J profession and other practitioners of the healing arts have a similarly rigorous educational background, the nature of the training is more scientific and, frankly, more suited to the known sciences. Learning to "think like a lawyer" embodies all of the skills one must use in a political arena. Politics is ultimately about finding human solutions to problems created by humans. The training one receives in law school is particularly suited to that
skill. Reason #2: Good Lawyers Have Experiences In Life That Expose Them To Our Citizens' Greatest Needs. The principal function of government is to do for us that which we cannot do for ourselves. Essentially, that requires the government to protect us from those who would do us harm, be they foreign foes, domestic enemies, or, not infrequently, ourselves. A primary role of state government is to provide for the education of its citizens. FinaHy, our compassionate notion of government in the American way dictates that a government provide collectively the social services that are necessary to provide a safety net for those weakest among us. Good lawyers are particularly well suited to the discharge of these governmental roles. From the moment we leave law school and embark on a law practice, we are about the business of protecting people, educating people. and providing a safety net for the weak. This is so whether the lawyer is engaged in the common, small town practice that requires the la\'~yer ro be adept at domestic relations maners, criminal defense, business representation. or transactional law. It is true even of those lawyers who move into the corporate world. All good lawyers have a passion for protecting the rights of his or her client, for educating [he court or the
opposing litigant or sometimes the diem on the best course of action for solving the panicular client's problems. From the moment we begin to ply our trade, we learn from each experience. Good lawyers know the feeling of helplessness when one's legal rights are trampled upon. Good lawyers experience first hand the djfficulties that accompany ignorance and the lack of a good education. Who among us has not had a client whose principal woes were born of the frustration of ignorance and a poor education and the resultant inabili[}' to cope with the vagaries of life in an educa,ed world. All good lawyelS have been exposed lO ,he unfairness and hopelessness me downtrodden feel. We have each been called upon to help the victim of a crime, an orphan child, a penniless widow, a disabled worker, a business gone broke, or a handicapped child. The work of our every day life exposes us to the greatest human needs. A good lawyer inruitively knows those ways in which government can and should help as welJ as those areas where government should rightly play no part.
Reason #3: Good Lawyers Are Accustomed To Disagreeing Without Being Disagreeable. As a whole, Arkansas lawyers are among the most collegial of aJl people. Good lawyers know that there are twO sides ro every Story and that both sides are worthy of being presented in the strongest way possible. Good lawyers do not take personal offense when their presentation of facts or evidence is challenged and held ro a high scruriny. Good lawyers do nor rake personal offense that the lawyer on the other side of the case takes a different view or presses a different point or even that they press the point vigorously. Sadly, this ability to judge ideas on their merit rather than the force of the personali[}' presenting them is increasingly lacking in the political arena. Talk radio and politicaJ television shows such as Crossfire have promoted the notion that one muSt shout to be heard and that anyone possessing a different view is somehow morally deficient. Increasingly, we see the politicaJ parties staking out polarized positions with nejther party being willing to bend. It is not a coincidence that the stridency and rank partisanship we see at the national and state level appears to coincide with fewer and fewer good lawyers being involved in politics.
Reason #4: Good Lawyers Are Zealous Advocates For Their Clients. When assuming a role as a legislator, the representative or senator must become the advocate for his new clients, his cons';,uents. Good lawyelS are accuslOmed lO figh'ing me good ,he success of ,he figh' for mei, diems. Good lawyelS know cause depends upon preparation, hard work, careful planning, and, mosr of aJI, perseverance. Those constituents who arc represented by good lawyers receive ,he same degree ofzealous advocacy. Good lawyers in legislative scrcings prepare, carefully plan, work hard, press the rightness of their position, and, most of all, persevere. This is particularly true in the area of personal constituent service. In my personal experience as a legislator, fully half of my rime was spent acting as an advocate for an individual constituent with the bureaucracies of both the federal and State government. Frankly,
rna,
the good lawyer's [}'picaJ unwillingness to accept "no" for an answer proved to be the most valuable asset in solving the consticuem's problem. Thus, the constituents are benefited by having a trajned advocate working directly for their best interest.
Reason #5: Good Lawyers Look for Evidence and Proof and are Constantly Involved in the Search (or Truth. When 1 began my service in me Arkansas Legislarure in 1983. I was stunned to learn that the presentation of bills and other matters for consideration by the Legislature were nOt accompanied by sworn testimony or even the slightest modicum of evidentiary validity. Hearsay was the order of the day. A witness' opinion or theory counted as much or more than documentable faCts. More often than not, decisions on passing legislation depended upon the proponent's personality or the strength of the backroom deal Without lawyers to ask probing questions, without lawyers ro challenge unverified and unsworn natements by proponems, without lawyers who are rrained in searching for real truth, the legislative process becomes nothing more than a "you scratch my hack, I'll scratch yours" proposition. To be sure, a fair amount of that type of mutual favoritism has always gone on in the legislative business. However, lawyers throughout the course of our State's history have been instrumental in minimizing the effects this rype of legislative mindsct brings about.
Reason #6: Good Lawyers Understand the Law and Cherish the Liberties Afforded by the Constitution. Good Lawyers arc the only group in the legislative process who ultimately have to apply on a daily basis the fruits of their legislative efforts. It is the lawyers in our State who insure that the laws are enforced. For that reason, it is critically important that lawyers apply ,heir legal analy,ical skills lO proposed legisla'ion bifor( it becomes law. Clayton Little, who served in the Arkansas House in the 50's and returned to service in the 70's and 80's, once said, "It's more importan' lO bea, bad bills man lO propose good ones." He was righr. Throughout our Stare's history, there have always been good lawyers in the Legislarure who viewed ir (heir personal responsibiJiry ro insure thar me legislation thar was passed was understandable and written in such a manner that ir could be enforced. In me 70's, now upreme Court Judge Donald Corbin was famous for carrying a bill book lO me well of me House and asking me legislators to simply read along as he pointed out the problems with various pieces of legislation. "You'd berter take a good look a, mis bill" became his mantra. In vinually every session of the Legislature one can recaJl some well meaning non-lawyer legislaror unwittingly proposing legislation mat laid waste to the constitutional liberties protected by our Bill of Rights. Inevitably, it was a lawyer in the Legislature who saved the day by poinring out the uninrended consequences (hat could arise wirh the bill's passage. Without good lawyers in rhe Legislature to prevent bad bills from passing, ir is nor an overstatement ro say that our liberties are af srake.
Vol. 37 No. VSummcr 2002
TI,C Arkansas Lawycr
13
Reason #7: Good Lawyers Are Accustomed to Leadership Roles in Their Communities. As we look around our State, we see good lawyers actively
General Assembly. These are exciting times in our Scate's history. Wimour strong legislative leadership in me areas of educational reform, human services, and economic development, our sociecy will nor just stand scil1, it will regress. As Truman suggesred over fifty years ago, this is a time when our Scate needs courageous, skillful leaders to seize me opporruniry ro change things for me berrer. Good lawyers are best suited to fill those leadership roles. _
involved in every community. It is the lawyers of a community who serve on the hospitaJ board, raise money for the library, teach the Sunday school classes, coach the girl's basketball team, preside over the chamber of commerce, and prOffiOCC the bc[tcrmem of the schools. Every good lawyer in Arkansas is engaged in some type of community leadership role. Those leadership skills are desperately needed in a legislative setting. Good leaders know that progress comes in incrememaJ steps. Good leaders know that onc can compromise on Moore Stephens Frost, an affiliate of MSF Fmancial Group, is the largest particulars without compromising one's
CLIENT SUPPORT SERVICES
principals.
Good leaders know that
communities prosper when consensus is built. Good leaders know mat progress comes when all are lifted up and none are left beh ind. There has never been a rime in Arkansas' history when there was a greater need for leadership in legislative circles. Throughout the history of Arkansas, the leaders in the Arkansas Legislature have more often than not been lawyers. I n the lasr 20 years, lawyers like Mike Beebe, David Malone, Jodie Mahoney, Tom Courrway, Ted Thomas, and Morrill Harriman have been instrumental in leading our Scate. Before them, lawyers like Max Howell, Jim Shaver, Hayes McCierkin, Deacon Wade, Russell Elrod, and C1ayron Lirrle played key roles. The next session of the Arkansas Legislamre wi11 represem the firsr gathering of the General Assembly since the full implementarion of rerm limits. In the House of Representarives, it is likely that only 2 members will have morc than 4 years legislative experience. AJrhough there will be some new members of the Arkansas Senate with 6 years experience in the Arkansas House, the vast majority of the Senate will be similarly limited in This lack of legislative experience. experience will coincide with arguably the greatest funding crisis in our State's history as the Legislature deals with the economic
downturn following dle tragic evenrs of Seprember 11, 2001 and rhe impacr of me Lakeview School Funding case. Leadership will be at a premium.
In the areas of Business Valuations and Litigation Support, we offer a number of lOcused services designed to meet specific objectives.
BUSINESS VALUATIONS arital Dissolutions· Estate and Gift Ma rs Charitable Contributions· Spin-offS and Reorga ization Business Dissolutions· Buy-Sell Agreements Sales or Mer ers· Bankruptcy and R organization Emplo ee Stock OwnershIp Plans EXPERT TESTIMQNY, CONSULTING AND LITIGATION SUPPORT Economic Loss Analysis· Damages Computations Marital Dissolutions· Due Diligence Forensic Accounting Services .Income Tax Analysis Call Cheryl Shuffield, director ofClient Support Services, at (501) 975-0100 for more infOrmation.
MSF
FINANCIAL GROUP MORE 1l-lAN AN ACCOlJi'fllNG FIRM ('ertlfled 1\llll11 A..xollntanb· 1\ I'rofeSS1l111,11 Limited (·omJ).ln" 42~ West CaPItol-SUItt:' 33(JO·llttle Ro.. -. k. Arbn<;3s 7220\ .
{)Oll376·9241 (800l766·~241 rad501l3766256
Conclusion
msffinan(l,llgroup l om
Too few lawyers serve in me Arkansas 14 TI1C Arbnsas la"ycr
Arkansas·based accounting firm. The diversity ofour clients and the resources we possess mean that we can dedicate a team ofprofeSSionals on any project in a timely and results-assured manner. In mct,our strategic services go far beyond what traditional accounting finns oller. Our goal is to support you as you, i tum, support your cUents.
VI'v\f'W.arkbar.com
It's Within Your Reach. ROlter of Attorneys. Field .f Practice SectioB. L1ldall of County, State aDd Federal Omcials. EaIY-to-_ss products aDd lervlcel ID tbe Classified SectioD. Profeulo'" and Biograpblcal SectioD for Participating AtlorDeys. A Compnllensive Court SectiOD (DeludlDg CODtact InformatioD.
Whether you use tbe hard bound "Blue Book", or the online reference, Legal Directories is there
for you 24 bours a day. We're making it easy for you to access all tbe critical informalion that you need to get your job done. Visit us online and find out bow simple research has become. Want to know how you can be at tbe fingertips of the world? Contact us;
Arkansas Legal Directories Publishing Company, Inc. P,O. Box 189000 â&#x20AC;˘ Dallas, TX 75218 â&#x20AC;˘ or call: 1-800-447-5375 or visit our website for a complete listing: www.LegaIDirectories.com
HOW THE CHAD CHANGED THE NATIONAL IMAGE OF THE STATE OF FLORJDA, AND WHAT IT MEANS TO VOTER.S by Tim Humphries Jokester: Have you seen the Florida quarter yet? Innocent bystander: NQ.
Jokester: [pulls a nickel OUl of his pocket and hands it to innocent
bystanderi Innocent bystander:
But, this is jllst
nickel Jokester: Count it flue times!
[Guffiws all around.}
About the Author Tim Humphries has been General Counsel for the Secretary of Stare since November 1999. Before that time he was an Assistant Attorney GeneraJ for 18 years. Besides practicing in the area of employment law, education law and constirutionallaw, he defended the stare in election law cases. Election laws and procedures afC among his primary responsibilities. In 1980. he received his B.A. from the University of Arkansas at Monricello. He attended law school ar the UALR Bowen School of L,w. He is married and jives in Lie-de Rock.
16 n,e Arkansas Lawyer
www.ar1<bar.com
tl
T
he 2000 presidential election focused unprecedented attention on the election operations of the State of Florida. As poll workers and eleCtion officials sweated through recount after reeoum, and legions of lawyers swarmed courthouses from Tallahassee to Palm Beach to Washington, D.C., the nation alternately derided the state for having such an unseemly system for running its elections and wondered - could it happen here? The answer for almost any jurisdiction was "yes." That the nation's system for electing its presidents (as well as its congressmen, governors, or aldermen) was so fragmented and fragile seemed to shock most Americans. That it took a month to elect a president because of perceived flaws in one state's voting operations made them downright angry. "Florida." For most of us, the word conjures visions of sandy beaches, sunshine, sea breezes, citrus groves, swaying paJms, good times. Among those who administer, study and regulate elections, however, the word ÂŤFlorida" has a much different connotation. For them, in me aftermam of the 2000 presidential election, it stands for chaos, confusion, searing public scrutiny, bad publicity and around-the-clock, weekson-end vote counting. At the January 200 I meeting of the Arkansas County Clerks Association a state elections official opened her comments noting mat the previous November's elections in Arkansas had been difficult for some, but that "I'll bet you're glad you aren't in Florida." In response the clerks, who are on the front lines ofelections in Arkansas, nodded unanimous agreement. Sandy beaches and warm sunshine never entered their thoughts when the word
"Florida" was mentioned, even though they, along with most other Arkansans, had spent a good portion of that wimer shivering in their cold dark houses during day after day of ice Storm power outages, after which they paid $400 gas bills occasioned by the highest natural gas prices ever encountered. To election officials "Florida" is like "Pearl Harbor." The words are synonymous with disaster, and t.he good things about the places are nor recalled by the words. There is no need in elections circles to say "the debacle in Florida" or "the election nightmare in Florida"; simply "Florida" will suffice as a reference to the episode that ultimately resulted, after weeks of recounts, litigation and recrimination, in me selection of George Bush as president. "Florida" stirred up a great deal of much needed scrutiny of the election systems in this country. The plural "systems" is used advisedly here, for the states are given a great deal of latitude in tailoring elections to local custom and practice and the federal government has been politically unable (or perhaps JUSt disinterested) to standardize elections to any great extent. Thus, when the critics surveyed the terrain in the aftermath of "Florida" they found, among other things: chads (hanging and dimpled); optical scan voting devices; clunky old mechanical lever voting machines; sleek, new rouch-screen computer voting machines; paper ballots counted by hand; voting by mail in some places; no-excuses, in-person absenree voting in ocher places; differing standards for recounts; differing interpretations of what constitutes a VOte; various levels of training of election officials; various sysrems for maintaining voter registration rolls; and various levels of voter
education (how do you use that consarn computer thing, anyway!?) And this crazyquilt pattern was not confined to state lines. Inconsistency within the states is the order of the day as local voting jurisdictions use all sorts of different voting equipment and interpret and apply state laws differently, as the Supreme Court and various news organizations pointed our to us in "Florida." "Florida" immediately spawned a cottage industry of blue ribbon panels that would study the nation's voting systems. 1ÂŁ aJso brought new and welcome light to a ....... few existing studies, and spurred a spate of bills in Congress to address the woes brought to light by "Florida." In Arkansas, the Election Improvement Study Commission was
the provisional ballot, which allows a voter to cast a specially marked ballot when her name is not found on the vOter registration rolls on Election Day. Arkansas is one of 20 states 2 that have such ballots. Fail safe voting, as it is known in Arkansas, requires election officials to allow persons whose nan1es do not appear on the registration rolls at the polling place to cast a ballot, called a "challenged ballot" here. Thar ballot is then segregated from the other ballots and marked and will be counted only
without the necessity of engaging in tense and time-consuming disagreements with poll workers. In the age of "Motor Voter," such procedures are almost essential. In 1993, Congress passed the National Voter Registration Act, or "Moror Voter," to make voter registration more accessible and to make it more difficult to purge vorers from the rolls. With Motor Voter anyone who visits a revenue office for a driver's license or automobile registration (as well as other specified governmental offices) is automatically given the opportunity to apply to the chief registrar (the county clerk) for registration to vote. 4 Many such would-be registrants believe that the mere act of filling out the
"Florida." For most of us, the word conjures Vlszons of sandy beaches, sunshine, sea breezes, citrus groves, swaying palms, good times.
In the aftermath of the 2000
presidential election, it stands fOr chaos, confUsion, searing public scrutiny, bad publicity and around-the-clock, weeks-on-end vote counting. created to study a wide range of issues arising from "Florida." The Commission is due to make its report this summer. The organizations that studied the fallout from "Florida" came up with a grab bag of reforms, many of which had been anticipated by various groups like the National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED).1 Their recommendations fell into three main categories: voting eligibility and procedures, voting equipment, and systemic standards. How does Arkansas fare with regards to these recommendations?
Voting Eligibility and Procedures This category includes recommendations regarding the process of casting the vote, the number of days when and the places where elections should be held. Provisional ballot. One recommendation frequently mentioned by the reformers is
upon the election commission's verification that the vorer is registered and eligible to vote in the precinct where she appeared.3 Fail safe voting serves the obvious purpose of hedging againsr mistakes by the voter registrar. Ir also helps promote orderliness at polling places on often-hectic election days as ir provides a potentially disgruntled voter the ability to cast his ballor
voter registration section of the licensing form registers them to vote. To the contrary, the form must be sent first to the Secretary of State's office and then to the county clerk, and the county clerk must verify the registrant's eligibility to register a.nd notify the voter that he is registered before the registrant becomes eligible to vote. A wouJd-be voter who has nOt received such
Handwriting Experts Linda L. Taylor
Howard (Bear) Chandler
EXAMINATION CONSULTANTS 1765 John Bryant Dr. - Conway, AR 72034 (501)450-6361 Retired from the Arkansas State Crime Laboratory
Vol. 37 No. YSummer 2002
TIle Arkansas Lawyer
17
The importance ofcompletely dislodging that chad was just completely lost on afair number ofpeople. notification from the clerk and who has failed to otherwise follow up on the registration process may find mat his name is nor on the rolls at the polling place. As noted above, the vorce may vote a challenged ballot. That ballot will nor be counted, though. unless the caulley election commission determines that the voter was properly registered. Early Voting and No-Excuse Absentee \lOring. Many reformers favor early voting. which allows me voter CO vore in person at a designated polling place before Election Day. They also like no-excuse absentee voting. This twist on absentee vocing allows a person who votes absentee ro do so without having to state a reason such as illness or absence from the jurisdiction on Election Day. No-excuse absentee vO[ing is essentially vocing by mail. Arkansas has early voting bur requires an excuse (illness or absence from the jurisdiction) to vote absentee. Arkansas early voting law allows any voter to vote at the County Clerk's office in their county of residence beginning 15 days before me election. In Pulaski County, the Election Commission has the authority to establish a number of additional polling sites in convenient locations around me COUnty.' No-excuses absentee voting is among me recommendations being considered by the Elections Improvement Study Commission. Early voting and absentee voting are convenient for voters and help alleviate congestion at the polling place on Election Day. Another recommendation heard in some quarters. internet voting. would further the same goals, bur most seem ro recognize that use of cyber technology in voting is yet a ways off. \!our Education. If Florida taught us one thing, it was that some voters just don't get it. The importance of completely dislodging [hac chad was just complecely lost on a fair number of people. It is nOt surprising, then, that many have recommended trying to educate voters to 18 TIle Arbnsas Lawyer
www.arkbar.com
use the machines and furthermore to inform voters about issues and candidates on the ballot before they ever get to the voting booth. The former might encompass having uniform ballot insnuctions appropriate to each system used, and providing these instructions ro each voter by mail or, at least, by posting mem at polling sites. The latter would require mailing each vOler a sample ballot, as well as instructions on voting, and a list of voters' righcs and responsibilities. Thete is no specific, formal voter education requirement in Arkansas. Sample ballots are published in some newspapers, hur there is no requirement that counry election commissions do so. The texts of initiative measures and a list of candidates must be published in newspapers of general circulation in each county and posted at polling places. 6 A voter who is confused or intimidated by the task of figuring out a particular kind of voting machine must rely on the election clerk for assistance'? Poll \~rkt'n The front lines of elections are manned by poll workers who are, for the most part, retirees (who else can get a day off in the middle of the week in November to work for minimum wage?) who spend 12 hours a day in the trenches processing voters. They are responsible for identifying the person before them as a registered vO[er at their particular polling place; if that person is nO[ registered in that precinct, to find out where the voter is registered and direct them there; for making sure that proper voters receive the correct ballot; for processing challenged bailors; and generally overseeing compliance with laws such as mose [hat prohibit campaigning within 100 feee of the polling place. They help vorers (who vote challenged bailors) fill our vorer registration forms, they deal with poll watchers (representatives of candidates and issue groups) and they secure the ballots and ballot boxes. Sometimes, in low turnout elections, they sit and wait. Their contriburion to the election process far
outweighs the meager compensation they receive for their time and efforts. The reformers note, though, that wim increased emphasis on voter education and assistance, and increasingly complex election laws, the seasoned citizens who man me polls, usually as a public service (ir's surely not for the money), should be supplemented by a cadre of younger, energetic, organizationally savvy people. This bener mix of poll workers might increase participation in all aspects of government amongst the younger set and relieve a shortage of poll workers in many areas. Toward this end, the reformers propose [0 use high schoolers and teachers as poll workers by making election day a school holiday. They would furrher encourage businesses to give some of their workers election day off to work the polls in the spirit of public service. Most proposals also include the element of increased poll worker rraining and even poll worker certificarion programs. Some would summon residents to serve as poll workers the same as jury dury; others recommend allowing split shifts, and many would encourage dropping residency requiremencs for election workers. s In Arkansas, the State Board of Election Commissioners has offered poll worker training for a number of years. bur. until me upcoming election, such training was strictly voluntary. Act 1822 of 200 I, though. requires that at least twO poll workers at each polling site receive training pursuant to curriculum provided by the State Board of Election Commissioners. There is no certification requirement. Other proposals to broaden recruitment of poB workers are being studied by the Election Improvement Study Commission. Military and OveruaJ \!oters. It's hard to vote when you are on a ship in the middle of the Persian Gulf, or chasing terrorists through remote mountain caves. In order to accommodate such voters, some recommendations favor making voter
registration easier for servicemen, allowing absentee ballot applications for overseas voters to be valid for a year, allowing extra time after Election Day for overseas absentee votes to be counted, and allowing such voters to use "ftll-in-the-blanks" absentee ballots. In Arkansas. an Arkansas residem stationed overseas is not required to register co vote, and when they make an informal request for an absentee ballot they are also sent a vorer registration form. 9 Also, absemee ballots from overseas voters are counted if they are received within to days after Election Day. iO
Voting Equipment Ah, the chad. Voters in Arkansas probably didn't know whar the talking heads were talking about during "Florida" unless they happened to live in one of the seven counties that use punch card voting equipment, or, perhaps, visited Ray Winder Field or a major league ballpark during AllStar voting. Now, everyone knows that when the chad is not fully dislodged, all hell breaks loose - at least in big states in close presidential elections. Punch card voting was roundly vilified during "Florida" and as a result, the State of Florida has decertified punch card voting and provided $24 million to its counties to replace punch cards, paper ballots and lever machines. I! Georgia, Maryland, North Carolina, Indiana, California and Texas also passed measures ro evenrually eliminate punch cards. Other states where legislatures are just now beginning to meet in the aftermath of the "Florida" commissions may well follow suit. Congress has enrered the fray now with two major bills pending that would, among other things, allocate billions of dollars in marching funds for stares to eliminate punch cards, lever machines, paper ballots and old electronic machines. 12 Despite the widespread scorn directed at old-fashioned voting equipment, not many studies actually recommend standardizing voting equipment. Most want standard rules for what constitutes a vote on particular kinds of equipment, benchmarks for voting system performance, or requirements that any voting equipment allow the voter to correct errors. In Arkansas, most counties (49) use automatic tabulation equipment (also know as "optical scan") where the vorer marks rhe ballot with a marker and then either places ir in a ballot box to be fed into the optical
scan counting machine at the courthouse or actually feeds it into the counting machine at the polling site. The latter procedure is used in almost all of the 49 counties thar use oprical scan. Other counties use lever voting machines (7), punch cards (7), compurer voting devices (3) and paper ballots counted by hand (9). In furtherance of establishing benchmarks for voting device performance, the state now requires that the number of overvotes (ballots on which the voter vQ[ed for more than one candidate, say, both Bush and Gore, for an office) and undervores (bailors on which the voter did not cast a vQ[e for a particular office) be reported by county election officials to the State Board of Election Commissioners. 13 That board is also currently developing regularions regard.ing the definition of a vote with each eype of voting device used. [this reg may have beell adopted by press time}
Ah, the chad. VtJters in Arkansas probably didn't know what the talking heads were talking about... Now, everyone knows that when the chad is not fUlly dislodged, all hell breaks
Systemic Standards The part of the system that the Supreme Court examined in Bush v. Gore involved recounts ("coum ir five times" - get it?). Recall thar the original rally showed Bush leading by aboUt 1,700 votes. Because the margin of victory was less than one half percent, an automatic statewide "machine" recount was triggered by srarute. Bush came out on top mer this recount, toO, bur by a smaller margin. Gore sought a manual recount in cerrain jurisdictions, and the hanging, dimpled and orher kinds of chads came inro play. In Miami-Dade County, for instance, abour 9,000 undervotes had been nored. Gore wanted those baJlors examined manually to determine if the voter's intenr could be divined from the way the chads were hanging or poaching. The Supreme Court found that such a recount for the purpose of determining the
loose - at least in big states in close presidential elections.
Free report shows how to get clients Calif.-Why do some lawyers get rich while others struggle to pay their bills? "That's simple:' says California anomey David M. Ward. "Successful lawyers know how to market their services." Once a struggling sale practitioner, Ward credits his turnaround to a referral marketing system he developed six years ago. "I went from dead broke and
drowning in debt to earning $300,000 a year, practically overnight," he says. Most lawyers depend on referrals, he notes, but not one in I00 uses a referral system. "Without a system, referrals are unpredictable, and so is your income, tt he says. Ward has taught his referral system to more than 2,500 lawyers worldwide, and has wrinen a new report, "How to
Get More Clint! In A Montb Tban You Now Gd All' Year!" The report shows how any lawyer can use this marketing system to get more clients, increase their income, and build a successful law practice. Arkansas lawyers can get a FREE copy of the report by calling 1-800-562-4627 (a 24路 hour free recorded message), or by visiting Ward's web site at www.davidward.com
Vol. 37 No. VSummer 2002
The Arkansas lawyer
19
Arkansas. 1st Legal Temp Service 1\
\ Arkansas finally has its first temporary
service
for
lawyers. We are available 24 hours a day, 7 days a week to take
care
workload,
of
your
extra
rush jobs,
and
time-consuming projects. Our business is mobile, flexible and we have unlimited access to local and national research. SOME OF THE SERVICES WE PROVIDE:
• Case Management • Trial Preparation • Appellate Work • Research • Document Drafting • Brief Writing • Discovery • Claim Identification WIlSON AND LEDBETTER, LLC
Contract Services for Lawyers P.O. Box 7501 Little Rock, Arkansas 72217 (501 )537-1454 email: wilsonandledbetter@mail.com
20 TIle Arkansas Lawyer
www.arkbar.com
Intent of the voccr" violated the equal protection clause in the absence of "specific standards ro secure its equal applic3tion."14 The vote counrers in the various feCDUtH jurisdictions had applied differing standards for counting a dimpled chad on a ballot where every other chad was completely dislodged, for example. Without clear standards, the Court held the rceoum unconstitutional. This holding set the reformers [Q thinking of ways to standardize election procedures. especially those governing recounts. 15 As noted above, Arkansas is defining "what is a vote" through regulation by the State Board of Election Commissioners. But the reformers further demand that me triggering circumstances for recounts be more clearly defined. The Arkansas code specifically provides a recount when "[a]ny candidate" is "dissatisfied with the returns from any precinct" upon petition to the county board of election commissioners by the dissatisfied candidate. 16 The recount is done by machine if the vote was originally counted by machine, or, if the county board decides that there may have been a mechanical malfunction, it may recount the vore by hand. I? The dissatisfied candidate pays for the recount unless she wins, in which case the upfronr paymenr is refunded. 18 Arkansas law allows only one recount. Other aspects of the elections system also received scrutiny from the reformers. especially voter registration. Most encourage the use of statewide voter registration systems, which Arkansas already provides. Some advise making the statewide database available electronically at each polling place, an expensive proposition that may take some time to accomplish here. Other recommendations looked at uniform reporring of absentee and precinct voting results, which Arkansas law already addresses. I? Many encourage lengmening the cerrification period to as many as 21 days. Arkansas gives county election commissions about 10 days to certify results, but requires that they report unofficial results immediately to the Secretary of State so that the unofficial numbers can be posted on the Secretary's website. 2o Felons. In many states, convicted felons permanently lose their right to vote. Several reformers recommend that voting rights be restored when felons have served their time
and otherwise paid their debt to society. When this is done those reformers funher recommend that notice be given to felons that meir voting privileges can be restored. In Arkansas, felons who have discharged their sentences may register to vote. 21 There is no formal requirement for notice of voter eligibility.
Florida Continued on page 42
www.arkbar.com Online Dues Payment ClE seminars
Practice Handbooks legal Career Center Section web pages
The Arkansas lawyer
For information about advertising in The Arkansas Lawyer, call 501-375-4606 or 800·609-5668
YOU PUT A LOT OF UMMPH IN TOY 0 U R W 0 R K.
ARKANSAS
BAR ASSOCIATION
MEMBER DISCOUNTS:
$1.50 OFF UPS Next Day Air" letters
10% OFF UPS Next Day Ai r" packages UPS 2nd Day Air A.M." letters UPS 2nd Day Air A.M." packages
20% OFF UPS Worldwide Express'· letters or packages
WE MAKE GETTING IT THERE
L E S S 0 F A W 0 R 1< 0 U T. Your latest project is in perfect shape, and UPS makes it easy to show it off. You can choose On Call Air Pickup~ or the convenience of over 55,000 drop boxes. And at ups. com, you can order supplies, choose services, prepare shipments, arrange pickups and track packages.* Best of all, you pay less with your association discount. So enroll today-call 1·800·325·7000. ·Visit IMWf UQ5 com or caU 1-800-PICK-U PS· for drop box locatIons. On Cat! Air Pickup: free supplies and more,
<U.S. origin only)
1-800-325-7000 Call to enroll.
IS YOUR LEGAL ADMINISTRATOR IN TillS PHOTOGRAPH?
ASSOCIATION OF LEGAL ADMINISTRATORS Arkansas Chapter
(Ito 1') Allllette TomallY, Gary Eubanks & Associares; BOllllie Vickery, Mirchell, Williams, Selig, Gates & Woodyard, PL.L,C; Becky Biell, Wright, Lindsey & Jennings LLP; Patti Spillller, Clark & Byarlay Linv Firm; Judy Stafford, Friday Eldredge & Clark; Charlotte Miller, Lax, Vaughan, Fortson & McKellzie, PA.; Terri DickillSOIl, Barber McCaskill Jones & Hale; Bev Eberle, Laser UIW Firm; Kathy Cagle, Huckabay, Munson, Rowlett & Moore. P.A.; Kathryn Harris, Rose Law Firm, P.A.; Carol Millor, Dover Dixoll Home PLLC; Carolyll OIVeIl, Gill Elrod Ragoll Dwell & Shemum, PA.; Nallcy COlliIlS, Mirchell, Williams, Selig, Gores & Woodyard, PL.L.C; Pat Campbell, Andersoll, Murphy & Hopkills, LLP; Mary Calley, Arkallsas Insurallce Department.
(Members not picll/red: Christa Black, McMath Linv Finn; Vickie Garlillgtoll, Mitchell, Williams, Selig, Gates & Woodyard, PL.L.C; Jallel Herrillg, Bridges, Yaung, Manhews & Drake PLC; Salldra McGolligal, Quanlebaum, Gramm', Tull & Burrow, PLLC; Gilla Richburg, Wilson & Associates PLLC; Dialle Smith, Anderson, Murphy & Hopkins, LLP; Alltl Spradlill, Cross, Gunter, Witherspoon & Galc/llIs, PC; Julie Whetstolle, Whetstone Linv Firm.)
The Association of Legal Administrators (ALA) was fomled in 1971 to provide support to those professionals involved in the management of law firms, corporate legal departments and government legal agencies. ALA's members, representing employers in more than 27 countries, are Administrators who direct important areas of law finn management. including marketing, technology and finance. The Arkansas Chapter celebrated its 20th anniversary this year! Call Becky Bien,
212-1224, for more information, or visit our website at www.alallef.org.
Quiet Determination, Hard Work, familV and friends lead to Success lor New Bar President
Clavcomb BvPatJones
When ,he new president of the Arkansas Bar Association talked aoom his legal career, his community work and
,
his family during a recem inrerview at his law offices in Warren, the slories about the people who helped him and tho", he has helped lit up his face. Murray Claycomb is a man of quiet determination, a family man, a man
committed to his community, a man who values his history. "My great grandfather was a lawyer and Lieutenant Governor of Missouri," Claycomb says. "He graduated from
the University of Virginia law school in 1867. My uncles we'e legislarors in Missouri and Kansas. OUf family had an interest in law. Maybe my desire to be a lawyer came from there." Vol. 37 No. 31Summer 2002
The Arkansas la\ryer
23
Murray Claycomb and I thought the information needed
Claycomb's falher wanred him ro be an engineer. so his first year in
to
be made available."
college he studied engineering at Rice
The knowledge and satisfaction he
Universicy. Claycomb was determined (Q maincain the family legacy of
gained in the course of his writing led
involvemem in the law.
him to pursue a more tax related
practice.
He took a
Claycomb enrolled in the
battery of aptitude tests and, armed
University of Mississippi Law School
with that information, convinced his
at Oxford for specialized study in the
father thar he should pursue a law
field, while continuing to practice law
degree.
in Pine Bluff.
He transferred from Rice ro
By rhen, he and his
me Universiry of Missouri where he
wife. Jeanne, had
received an undergraduate degree in
five and three years old.
Business Administration. He was aclmined to law school there and
his growing law practice,
twO
sons who were Undeterred
by his growing family obligations and
earned his J.D. in Law.
twO
he began
years of commuting to "Ole Miss"
from
Pine
Bluff
to
Oxford
Murray and Jeanne Claycomb
Clavcomb came to respect and admire Justice George Rose Smith. After law school, he enrered the U.S. Air
to join the private law firm of another one
Force, was assigned as Assistant Staff Judge
of his mentors, Henry Gregory of Pine
Again, he turned to his family for the
Advocate at Little Rock Air Force Base and
Bluff, he continued working on
the
strength and support he needed to pursue
joined a locaJ bar association for the first
annotation. It was one of those times when
his career goals. With quiet determination,
time. When he lefr the Air Force for the
Claycomb saw an opportunity to do some
hard work and his wife's suppOrt, he turned
Reserves, he obtained a position as Law
good for others, and worked hard to make
his dream into reality. "Jeanne had lots of
Clerk at the Arkansas Supreme Court
the most of it.
extra problems to deal with when I was
working for Justice George Rose Smich. who later became the longest sitting Justice
of the Arkansas Supreme Court.
When
the
Arkansas
(University), Mississippi, twice a week.
Business
doing that LLM," Claycomb says as he
Corporarion Code was adopted in )965, Claycomb was asked to do some CLE
beams a grateful smile toward her from across his office conference room table.
"I was referred to Justice Smith by
sessions on it. Seizing another opportunity
In 1969, Claycomb went into practice
William Smith. one of the partners in the
with Tom Haley at Warren where he now
MehaflY, Smith & Williams law firm (now the Friday firm) in Lirt)e Rock. Jusrice Smith liked to do woodworking projects as a hobby, and he was busy with such a
ro hdp others, he decided to expand the content of his CLE sessions into a book. the Arkansas Business Corporation Handbook 1967. "Law students picked it up and stmed using ir," Claycomb says with that
small town. you can't totally restrict your
project when he learned of my interest in
familiar sparkle in his eyes. Two of the
practice."
clerking for him," Claycomb said.
firm located right across the street from the
stopped what he was doing and interviewed
professors ar the University of Arkansas School of Law at Fayetteville recommended rhe book to rheir law school classes. "I kept
me righr in the middle of his project. He
gening calls and letters from students.
partners ar Haley, Claycomb, Roper &
sat on one end of a saw horse and I sat on
think I sold copies for $3.00 each '."
ever
one to stand on ceremony, Justice Smith
I
does primarily corporate, probate work and estate planning.
He says his practice has
evolved with his clients' needs. "Here in a
During Claycomb's 30 years with the Bradley County Courthouse,
his law
Anderson have given him the support he
Subsequently, Claycomb wrote [\'{o more
needs to stay active in the Arkansas Bar Association and the community while
Claycomb began work on an annotation on
books on Arkansas corporations in 1982 and 1992. All of the rime spenr on his
a uniform law subject, and he was hooked
writing projects was donated because. as he
practice grew and evolved, Claycomb saw
on writing. The work was so interesting to
says with characteristic modesty,
"These
an opportunity to give back to the
him, rhat when he left the Court a year later
were topics with which I was acquainted
community by sharing his talent for
the other end." At
the
Arkansas
24 TI,e Arkansas La":}'er
Supreme
Court,
www.arkbar.com
maintaining his law practice.
As his
â&#x20AC;˘
â&#x20AC;˘
Murrav Clavcomb leadership and he followed [hrough on i[. He was on [he Board of [he local YMCA for
"Arkansas Law Office Handbook", and
the Arkansas Bar Foundation serving on the
Ediror of the most recent (1998) edition of
Foundation Board from
24 years, serving [wo years as irs president. He was presidem of me local Ro[aI)' Club
the "Arkansas Form Book," a rwo-volume.
1990.
1.200 page publication of forms considered
includes terms on the Awards Committee.
and a member of the Board of Directors of
by many co be essential co attorneys
Building Committee, Trust Committee,
me Chamber of Commerce and me Bradley
practicing in me state of Arkansas.
County
Development
He
1988 through
His service to the Foundation
election of Fellows and Membership
Industrial
Committee (now defunct). and the Audit
orporation. He
and Special House Commitree (94-95). In 1996, he received me C.E. Ransick Award
is currently a member of the Warren Airpon Commission,
from the Arkansas Bar Association and the
the YMCA Foundation, the
Arkansas Bar Foundation in recognition of
legal advisor for the Southeast
extraordinary service to the legal profession.
Arkansas Concert Association,
The following statement from the Awards
rne Advisory
brochure summarized his many attributes
Board of Soumeas[ Arkansas
and clearly explains why he truly deserved
Communi[}' Based Education
the award.
and a member of
Cemer. His service
"Murray is a lawyer's lawyer. (0
his profl ion
attention
includes terms in the Arkansas
(0
His
detail, his
thoroughness
and
his
Bar Association's House of Delegates, and
competence are legendary.
the Board of Governors and two years as
The quality and quantity
Secretary-Treasurer of the Arkansas Bar
of Murray's law practice
Association. Claycomb was a member of
are
me Legal Educa[ion Council, [he Board of
intellectual gifts.
a
result
of
his
bur more
Directors and Treasurer of the Arkansas
the result of the long
Institute for Cominuing Legal Education, and Chair of me Jurisprudence and Law Reform Comminee. Among the Association committees on which he has
hours he devoted to his practice and his srudy of the law." He maintains memberClaycomb is sworn in as president of the Association by Chief Justice W H. (Dub) AmoId of the Arkansas Supreme Court.
â&#x20AC;˘
â&#x20AC;˘
The Clavcombs have been one of the most graceful couples on the dance noor at the Arkansas Bar Association Annual Meeting and they have been among the most gracious representatives of our state at American Bar Association meetings. Law
wrote the Arkansas Corporations with
ship in the Southeast Arkansas and Bradley
Resolutions
County Bar Associations. and is a member
Committee. He was also involved with the
Forms books in 1982 and 1992 and donated [he royal[ies [Q me Arkansas Bar
Economics of Law Practice and Taxation
Foundation.
served
are
Committee
the and
Inrernational the
Sections.
He helped wrire me first "Arkansas Desk Manual," au[horing [he Appeals Chapter
of the Defense Research Institute and International
He was a member of the Board of
Counsel.
Association
of
Defense
He is lined in Marquis' Who's
Governors of the Arkansas Trial Lawyers
Who in American Law. Who's Who in
Association. In addition to his work with
America. and Who's Who in me World.
and co-authoring Appeals in Criminal
the
Bar
His professional and community service
Cases wim Thorp Thomas. Claycomb was
Associations, he is a member of the
work keep him busy. so it's important to
also on the Edirorial Board of the Arkansas
American Judicature Society and a fellow,
take time to relax.
Corporation System, Co-Editor of the
sustaining fellow and former President of
drawing.
Arkansas
and
American
Swimming, pajnting.
gardening
Vol. 37 No. YSummer 2002
and
entertaining
The Arkansas !.awl'er
2S
Morrav Clavcomb friends and family are what he enjoys
most, Of course. he is an avid "'Hog" fun.
Following [he Razorbaeks is a
pasnime he shares with his wife, who is a UA graduate.
While Claycomb was stationed at Lirde Rock Air Force Base, he was introduced to the former Jeanne Cavin. Claycomb's face ligh<s up as he [a1ks about their life rogether, from their wedding at Trinity Cathedral in Little Rock
[0
the many Association evems
[hey have shared. The C1aycombs have been one of the most gracefuJ couples on the dance floor at the Arkansas Bar
Far right: Murray and Jeanne Oaycomb with Association Executive Director Don Hollingsworth and James D. Sprott, chair of the Board of Governors.
When
Murray
Claycomb
sees
an
husband's law office. Their two sons, Scott and S[ephen, bo[h gradua[ed from [he U of
opportunity to do some good, he makes the most of it. He adds hard work and
Association meetings.
A Medical School and are bo<h physicians -
determination and gets the kind of results
Jeanne has maintained a business while
one is an ophthalmologist in Warren and
raising a family, supporting her husband's
Monticello and the other is a pediatrician in
that make his supporters proud. On June 14, 2002, a[ [he Arlington Hotel in Hot
career and volunteering for service and
Tennessee.
The Claycombs' sons, their
Springs, he was sworn into the top elected
charitable organizations.
She currendy
wives, Charlotte and 1ienna, and two of
office of his state's professional association
serves on the Board of the National Society
their five grandchildren were proud guests
by Chief Justice W.H. "Dub" Arnold of [he
of The Colonial Dames of America in
at the Arkansas Bar Association Annual
Arkansas Supreme Court.
Arkansas, which
Meeting in June. His first law partner in Warren and dear friend, Tom Haley
upon acceptance of this new challenge
is ded.icated
to
the
purposes of patriotic service, historical preservation, education and memorials in
(retired), was also in the audience with his
She owns and
wife, Anne, still supporting Claycomb as he
operates two shops called The Spinning
assumed the presidency of the Arkansas Bar Association.
our state and country.
Wheel in Warren and Monticello: the 26
Warren Store is a few blocks from her
Association Annual Meeting dances and they have been among the moS[ gracious representatives of OUf state at American Bar
n,e Arkansas Lawyer
www.arkbar.com
His remarks
expressed his gratitude for the support of his friends and fumily and for yet another opportunity to serve. _ I. Chaprer six (sÂŤ:urities) of ÂŁh(: 1992 book, "Arkans::ls
Corporations with Forms," was wriu(:n by John &lig.
,
Old Dog
Articles of Incorporation The lJ'Idersigned acting as incOfPO(a1:OI'S of e COl'pO(ation under the Arkansas Business Corporation Act (Act 958 of 1987), adopt the folowing Articles of Incorporatioo of such Corporalioo. First:
Th. namo of tho Ce,p.,UO" II;:
JACm. CompCltl)' ),tutt cOdlin tIM W'llIlU "Corponborl', "1Dl:orporlhd". "C0lllpq". 'u..iI4d".OIIM~"Corp.'. '~.'. "Co~· or "LId.'
01-'"
or~rlIlik'''OItin-w.~.
New Trick Now, there is a faster, easier way to file corporation documents in Arkansas. The Online Filing System for Corporations, or OFS, was developed by the Secretary of State's office to promote electronic government in Arkansas. OFS is available 24 hours a day, 7 days a week, making the task of filing corporations documents convenient and maybe even fun!
Here is a just a sample of what's available: • Articles of Incorporation for Domestic, Foreign, LLC, and Non-Profit Entities • Registration of a Fictious Name for Domestic, Partnership, and LLC Entities • Registration of a Corporate Name for Domestic and Foreign Corporations • Domestic Corporation Franchise Tax Registration
www.sosweb.state.ar.us © 2001, Information Network of Arkansas.
www.accessArkansas.org
Book Review OLD SEEDS
IN THE NEW LAND, HISTORY AND REMINISCENCES OF THE BAR OF ARKANSAS
by Robert Ross Wright 456 pages. M and M Press (2001) Reviewed by: Philip S. Anderson Bob Wright is one of the state's treasures. He has been a faculty mainstay at the law schools in Fayetteville and Linle Rock. He has written, with Mon Gitelman of the Fayetteville campus. a leading textbook for Jaw students on land use. He has served on the Lirde Rock Planning Commission. He has been a leader in the American Bar Association. Surely he is the only law professor to have served as chair of the ABA's Section of General Practice, now known as the General Practice, Solo and Small Firm Secrion <hanks to his prodding. He is a national authority on small firm practice. Before he became a law professor and earned his LL.M. and 5.) .0., he practiced law in a small firm in a county seat. As chair of the General Practice Section, he was in a long line of very distinguished lawyers, including Arkansas's Oscar Fendler, who was one of the section's founders and an early chair. Ali for the small firm lawyers engaged in general practice, which is [0 say, most of the practicing lawyers in America, Bob Wright was one of them. He had been there. He walked the walk and talked the talk. He is held in high esreem by lawyers throughout America for many reasons, but particularly for his advocacy for the solo and small firm lawyers in the national councils of the bar. They have never had a better or more articulate champion. And now Bob has given the lawyers of
Anderson IS a former president of the American Bar Association (I998-1999). He is a partner in Williams & Anderson LLP in Little Rock.
28 TI,e Arkansas Lawyer
www.arkbar.com
Arkansas a valentine. The subtitle of his new book is apt; it is a combination of historical facts about the development of the law in the territory and the state, the leaders of bar in times old and new, social issues, and tales and yarns about lawyers, judges and assorted characters. There are stories galore, drawn from Professor Wright's research and from his interviews with some long-lived luminaries of our bar. The author combed the records and minutes of the meetings of the organized bar in Arkansas from the earliest days for which records exist to the present. There are names, names, names. The book was published by the Arkansas Bar Foundation, and it can be bought only from the bar foundation. If every living person named in this book buys a copy, <he bar foundation will have a best-seller. JUSt seeing some of the names again brings back a rush of memories associated with the work of the bar and the men and women who led the bar over the decades. There are names not only of the bar leaders, but also of the workers in the bar: the committee members and the program participancs, as well as the guests of the association at ics annual meetings. This is an important book for the Arkansas bar. It preserves history that without it would have been lost. It is also delightful in its quirks. It is a list of workers and a recounting of facts, but it also contains a running commentary by the author on events that are described and his recommendations to the bar for the future. His observations and opinions are relevant and enrertaining. The book also has a slightly surreal air because the author appears in the book, as he should, along with his contemporaries in the bar, and he receives the same arm'slength treatment that everyone else does. This is not a criticism. I do not know how else it could have been handled, and his product is proof that he was the right person to write this book. 0 one else could have been expected co devote the time necessary for such a full account, or to bring such experience and understanding to the project. Bob Wright records this history with one even and generous voice. There are no judgments pronounced and not one stone cast. In this regard, his voice captures the
Original hom~ ofth~ Arkansas Bar Association at th~ IIlm~
addms as th~ pmmr Bar Cmur
Building, 400 W Markham, Link Rock.
ideal sprit of the organized bar, which is to put differences aside and work for the common good of the administration of justice. It is a voice with perfect pitch that is sustained throughout the book with intelligence and good humor. The author closes the book with a quotation from Robert Penn Warren's AIL the King's Men, a novel drawn from the life of Huey Long. The quotation is from the last line of the book, "Our of history into histOry and the awful responsibility of lime." It is a concept that has captured the imagination of Professor Wright for more than thirty years. He used it to close another book that he wrote, The Law of Airspace. in 1967. He also referred to it during his remarks at the 1990 investiture of his wife, the Honorable Susan Webber Wright, now Chief Judge of the United States District Court for the Eastern District of Arkansas. Bob Wright has a keen sense of one's obligations to history, and he has surely fulfilled some of his own obligations by rhe considerable time and talent that he devoted to this rich account of the work that lawyers have done to establish the Arkansas Bar Association as a permanent institution, and to make Arkansas a better state. And in doing this, he has named names. A lot of <hem.
Books are for sale through the Arkansas Bar Foundation at a cosr of $50.00 each, plus $5.00 shipping mId handling. Pieme order your book today by sending a check tvntten to the Arkansas Bar Foundation to the Foundation S Office at 400 w: Markham. Littk Rock 72201. Remember ro illcltuie a telephone number ;11 case there are questions about your order, and the mailing address (including street address) to which the book(s) is ro be delivered.
The Nation's most widely used Real Estate Settlement System now allows you to take advantage of E-Sign and the Uniform Electronic Transaction Act E/O
......
F""", 6octssones
E"
~_ .. ~,{]oo '1';~~'~• • ~
Il'''
W
•
l.l.... Esgow Gentral R6POI1s ~
..mJB
, •
·
,
, IQlIt.
,• u .•
S-- .. TfnI!
"." "'rn
',"f" •
~
I
.....,t,
.."
,. Ifil_
H'''~ the
,
11715
"'''
_.
.
,MO,
•
"'"
.I-c"'r~
. •
~
penicsofthe firM pen IIIYC hemlIWOtcllheir . . and - ' t d"' Slit
dlyolJ....ry.Z"1
S@ncd,-'cdandddMndPldwpr_ _ olln
Wil~
4 ( ' Ilt v
Sipliure
PMleds...... ~_
•
.... ,.,n,
be.$ed on ll\4!fIdI
Se If!
AIkn.. J. HolT....
,
· c.....
I
Sign the HUD and other documents on your computer just like paper. Organize your documents in folders just like paper manila folders. Simple and Easy. Take advantage of UETA today!! • Graphical HUD/HUD-1A and C1asing Statements • Full Automatic Calculations ond Proratians • Visually Guided Data Entry - View Multiple Forms - Fast • Checks, Disbursements and Full Trust Accounting • Complete 1099S Reporting • Generates PDF and TIFF Files for Email and Archive • Holographic Signatures - Uses Popular Signature Tablets • Digital Signatures .. Encryption/Decryption • Full Annotation Tools • Works with All Applications - Microsoh Word / WordPerfect • Full Storage Management with the Lantltech Digital Manager
1402 Royal Palm Bea<:h Blvd., Building 200
REQUIREMENTS: P",~"m PC - Window, 98/ME/NT/2OCIJ/XP 64 M8 Ram, 50 M8 ~01 Spoc. + Growth,
Royal Palm Beach, Fl 33411
Pen Tablets: WACOM Grophire 2, WACOM Intuos, AlPTEK Hyper Pen 6000U
• •
..
','
1·800·937·2938 http://www.landtechdata.co...
..
••
..
,
R.OSE V. ROSE: THE MEANING OF INDIGNITIES I EAR.LY AR.KA SAS DIVOR.CE by
During the Arkansas territorial years, 1819-1836, the territorial legislatute handled divorce through acts that "dissolved the honds of matrimony." A single act might divorce as many as eighteen couples. Because of me increasing number of divorcr bills introduced during these years, concerns moumed about the frequency of divorce. ics social implications and its interference with the legislative agenda. With statehood in 1836, the legislatute transferred divorce to the courts and ics statute regulating divorce rook effect in 1838. 1 The law resembled divorce law in other jurisdictions at that time and set forth six grounds for divorce, many of which still apply in Arkansas.'
The grounds were: impotence; willful desertion for a yar; bigamy; conviction of a felony; habitual drunkenness for a year, treatment that endangered the life of the other, indignities that rendered conditions for the other imolerable; and adultery. In the 1849 case of Rou v. Ros'" the Supreme Coun grappled with issues rdating to indignities as a ground for divorce and reached conclusions that guided later decisions.
About the Author Frances Mitchdl Ross is a member of the Departmem of History at the University of Arkansas at Little Rock. She is also a member of the Arkansas Supreme Court Historical SocieÂŁy. the Arkansas Bar Association History of the Bar Comminec, and Vice Presidenc of the Board of the Historical Society of the U.S. Court of Appeals for the Eighth Circuit. Ross also serves as Chair of the Historic Arkansas Museum Commission (formerly the Arkansas Territorial RestoracionL and as Past President of the Arkansas Historical Association.
30 The Arkansas lawyer
www.ar1dJar.com
Frances Mitchell Ross
The case originated in the Chicot County Circuit Court in Chancery with William H. Feild presiding. Nancy M. Rose sought divorce and alimony from her husband William W. Rose, whom she had married in 1841 and with whom she had lived until 1845. Personal indignities were at the heart of the case. Nancy Rose argued that while she had behaved appropriarely during the marriage and had discharged her duties as a wife. soon after the marriage William became tyrannical and abusive, using "opprobious [sic] epithets" toward her. He encouraged disobedience in his slaves, struck her, and made her condition inrolerable and miserable unril she finally left home. William counrered that Nancy had not conducted herself appropriatdy, mar she was "perverse. outrageous and willfuly annoying" as well as being unkind and disrespectful to him. He denied her charges and filed a counter claim for divorce. Acquaimances and family members on both sides offered voluminous testimony. Her witnesses supported all of her positions and expanded on them. They said that William had "manifested freaks of ill nature," that he refused ancy permiSSion to visit her sister, ignored her when she was sick, claimed mat "she was the meanest rascal he ever had seen," accused her oflying and more. William's witnesses challenged those assertions and paimed Nancy as the difficult one. The trial court held for the wife agreeing thar the husband had committed indignities that rendered her condition intolerable and it dismissed the counter claim. The court also awarded her alimony of $250.00 a year while she remained single. In his appeal to the Supreme Court, William argued that Nancy had provoked the treatment she received, that the indignities were mutual and that she was not entitled to a divorce or alimony. Justice Christopher C. Scon, writing for the COUrt,
Her witnesses supported all of her positiom and expanded on them. The trial court heldfor the wife agreeing that the husband had committed indignities that rendered her condition intolerable and it dismissed the counter claim. The court also awarded her alimony of$250.00 a year while she remained single.
examined the erial court record and reviewed the history ofdivorce law. He gave considerable attention to divorce in English ecclesiastical courts, which had exclusive jurisdiction in direct proceedings between parries. There indignities appeared as a ground for divon:e ifaccompanied by real or clue,uened bodily injury that rendered the parry incapable of performing the mariral duties. The Arkansas statute gave broader jurisdiction to the courts, eliminating the requirement to show evidence of"reasonable apprehension of bodily hurr" or to show that a party was made incapable of discharging mariral duties in order to claim an intolerable condition. Faced with determining what the legislature intended when it drafted the statme without these provisions, Scott addressed two imporrant issues: me meaning of indignities and the duration for which they must run. He wrote that personal indignities included behaviors that ranged from rudeness, vulgarity. studied neglect, injury, and malignant ridicule to signs of settled hate, alienation, estrangement and more and determined that. like habitual drunkenness that must last for a year, indignities must be "no less habitual, continuous, and permanent" in order ro create the intolerable condition conremplated by the statme. Concluding
DON'T BE LEFT
that the FaCtS of me case and the testimony in Rose fell within the provisions of me statute, Scou's opinion affirmed me decision of the lower cour! and upheld the alimony award. In the 1881 case of Kurtz u. Kurtz!' the courr cited Rose as a "leading case" on both the meaning of personal indignities and on rhe principle that they must be "habi!ual, permanent, and continuous." It noted mat rhe cour! had also adopted and followed Rose in the 1878 case of Honn~tr v. Honnuf1 and went on to say that the expressions in Rose should be considered the settled construction of the statute. In cases that involved questions of indignities, the interpretations ofJustice Scoft in Rose set a precedent in early Arkansas divorce. _
Endnotes I. E. H. English A DIGEST OF THE STATUTES OF ARKANSAS, 1846 Ch. 58, Sec. I, p.441. 2. A. C. A. Section 9-12-301. 3. ROIt V. RoIt, 9 Ark. 507 (1849). 4. Kttrtz u. Kurtz, 38 Ark. 119 (1881). 5. Honnm u. Honnm, 33 Ark. 156 (1878). The author wislJes to thallk Rob~rt D. Ross for assistallce with this article.
Phil and [);ane Carroll enjoy ice cream at the 2002 AnnuaJ Meeting.
Plan to be Where the Lawyers Are June 11-14, 2003 Arkansas Bar Association 105th Annual Meeting Arlington Hotel Hot Springs Mark Your Calendar Now for the meeting that promises you a powerful blend of practical CLE, outstanding speakers, great networking and fun for the whole family!
ELECTRICAL ACCIDENTS
OUT! Paul D. Mixon, PhD., EE.
For more information,
Engineering Consultant p.o. Box 3338 State University, AR 7467 (870) 972-2088 (870) 972-3948 FAX pmixon@navajo.astate.edu
contact
Barbara Tarkington at 501-375-4606 or b!arkington@arkbar.com
Electrical Accident Investigation and Analysis, Contact Cases and Electrocutions, Electrical Injuries, Property and Equjpment Damage, Electrical Fires, Safety Codes (NEC, NESC, UL), Expert Witnessing for Plaintiff and Defense Related Cases.
vol. 37 No. YSummer 2002
TI,e Arkansas Lawyer
31
ludicial Advisory Opinions The Judicial Advisory Opinions are written (lml provided by the Judicial Discipline and Disability Commission.
The Arkansas judicial Emics Advisory Comminee issued an advisory opinion to Wrightsville District Judge Dennis L. James, in his capacity as President of the Arkansas
Districr judges Council. judge james requested an opinion concerning the Arkansas District Judges Council's endorsemem of the Arkansas State Highway and Transportation Department's Click It or Ticket program. Judge James is unsure whether the Arkansas District Judges Council's endorsement by Icttcr, with use of judicial lercerhead and Arkansas District
judges Council lerrerhead, of mis program would appear inappropriate or suggestive of bias on searbelr violations. Judge James states that the district judges would certainly be hearing cases involving charges of seatbelr violations, while at the same time, it is Judge James' opinion that this program is a very admirable one in that it promotes safery and education of the public. The opinion states that members of the
Arkansas Disrricr judges Council will be acting as judges of most all the charges brought under this program, and if the Council endorsed it, the member judges would certainly have to recuse since there would the appearance of bias or prejudice. The Committee's answer is that an endorsemenr of this or any other law enforcement program, however worthy of support, by the Arkansas District Judges Council, Inc., or any individual judge would be in violation of the Arkansas Code of Judicial Conduct, Canons 1,2,3 and 4.
DON'T BE LEFT OUT! www.arkansasfindalawyer.com For more information,
contact Barbara Tarkington at 501-375-4606 or btarkington@arkbar.com 32 TI,e Arkansas Lawyer
www.arkbar.com
Jack Davis
Sid McCollum
I
Bob Hornberger
Frank Hamlin
NC
500 President Clinton Avenue, Museum Center, River Level Little Rock, AR 7220 I 501-376-2121 1104 South Walton Blvd., Suite 8, Bentonville, AR 72712 479-271-2237 423 Rogers Avenue, Suite 101, Fort Smith, AR 72902 479-783-1776
Cll. Cli
Cli
Cli
('I L Cli
Cli
Cli
Cll.
Arkansas Bar Association CLE Calendar September 2002
November 2002 ovember 7-9
September 13 TECHNOLOGY
BRIDGING THE GAP
UALR Bowen School of Law Lirde Rock, AR
UALR Bowen School of Law Lirde Rock, AR
Seprember 20 LAw UALR Bowen School of Law Lirde Rock, AR
November 15
SECURITIES
6TH ANNUAL
LAw I STlTUTE Fore Smirh, AR
BANKRUPTCY
(REPRISE)
November 22
October 2002 October 4 TORT LAw UALR Bowen School of Law Lirde Rock, AR
4TH ANNUAL GOVERNMENT PRAcrlCE INSTITUTE
UALR Bowen School of Law Litrle Rock, AR
December 2002
Oerober II LEGISLATIVE ADVOCACY
UALR Bowen School of Law Lirele Rock, AR
legislative Advocacv October 11,
2002
December 6 FEDERAL PRACTICE INSTITUTE
UALR Bowen School of Law Lirrle Rock, AR
October 24 CNA
December 12-13
Clarion Inn,
41ST ANNUAL FEDERAL TAX INSTITUTE
Fayereeville, AR
DoubleTree Hore!, Lirde Rock, AR
IIlR Bowen School of law
October 25 FALL LEGAL INSTITUTE
Clarion Inn FayetteviUe, AR
January 2003 January 23-25 MID-YEAR MEETING
Peabody Hote! Memphis, TN
For more information, contact Virginia Hardgrave, Arkansas Bar Association J
800-609-5668,501-375-3957, yhardgrave@arkbar.com OR CHECK OUT THE CLE PAGE at www.arkbar.eom Vol. 37 No. .lISummer 2002
The Arkansas Lanyer
33
Lawyer Disciplinary Actions Final actions from March 1 through May 31, 2002, by the Committee on ProfessiOnAL Conduct. Summ4ries prepared by the Office ofProfessiOnAL Conduct. Full text documents available on-line at
http://courts.state.ar.us/courts/<pc.htmL
SURRENDER: RANDALL WAYNE DIXON, Bar o. 83053, Dardanelle, Arkansas, CPC No. 2001- 14 I. Dixon was placed on interim suspension December 28, 2001 (see Vol. 32, o. 2, page 34). This action included complaincs made by judge Paul Danielson (CPC No. 2001-132, one year suspension imposed), judge Paul Danielson (CPC o. 2001-136, six month suspension imposed), and Celeste Benefield (CP No. 2001-141,
United States Attorney in Little Rock, f.Uled to pay her Arkansas and Kentucky bar license fees for many years resulting in her suspension in both states in the late 1980s
or early 1990s. Thereafter she falsely certified annually to the Department of Justice that she was in good standing in at
leas< one of these States. SURRENDER accepted March 7, 2002, for violations of Model Rules 3.3(a), 5.5(a), 8.4 (c) and 8.4(d). SUSPENSION:
(Collie) and o. 2001-123 (Heinicke). jerry and Wanda Collie complained that they hired Doerpinghaus in 1998 and paid him [Q assist them in a real property matter in which ocher family members were making claims against lands the Collies
claimed. Doerpinghaus told them he was working on the matter and it would take abouc three months to complete it. He cook no action and failed to rerurn their fee money in spite of many requests from the
Collies. Gordon Heinicke complained that he hired Doerpinghaus in 1996 to seek modification of a monthly child support
PHILLIPS D. COOK,jR., Bar No. 93085, of Little Rock, Arkansas, CPC o. 2001126. Stephen Sipes, Pulaski Counry Chancery Clerk, provided the Committee
obligation of $850 under a 1995 California POSt divorce order. Doerpinghaus registered the California judgment in Arkansas but
information indicating Cook, who was suspended at the time, had, after October
Heinicke in writing co pay $35 per week payments, which Heinicke did until May
took no further court action. He advised
disbarmem to be initiated). Additional formal complaints were to be flIed alleging substantial violations of Model Rules deaJing with Dixon's anorney trUSt accoum, including many checks written for
9,2000, aTtempting ro file a pleading in a
200l.The Arkansas Office of Child
filed case and other acts that amoulHed to me practice of law for his client Bishop in
Supporc
prohibited personal purposes and many overdrafts, and that funds belonging to at
Cook had failed to keep him advised of the
least one diem were used for improper
purposes and are missing. SURRE DER accepted May 16, 2002, for violation of Model Rules 1.1, 1.2(a), 1.3, 1.4(a), 1.15(a), 3.4(b), 3.4(c), 8.4(a), and 8.4(d).
October 6, 2000, suspenSIon. (I8) SUSPE DED for EIGHTEE MONTHS and FINED $1,000 on May 30, 2002, for violation of Model Rules 1.4(b), 8.49c) and 8.4(d).
LESA GAlL BRIDGES JACKSON, Bar No. 87007, Maumelle, Arkansas, CPC No. 2001 106. Ms. jackson, a former Assistant
CHARLES j. DOERPINGHAUS, jR., Bar No. 81049, Li[tle Rock, Arkansas (formerly practicing in Benton), CP No. 2001-076
pending litigation. The cliem, Bishop, also filed an affidavit, outlining instances where sratus of the pending matrer or of Cook's
Court-Appointed· Regular Court Appearances
inrervened
and
represented by new counsel. Mr. Heinicke was mereafter able to negotiate a serclemem with his former wife for a lump-sum
payment of $10,000, which he was forced to borrow. Mr. Doerpinghaus emered into a discipline by consem with the Committee
for both cases. SUSPE DED for Five (5) Years in each case May 6, 2002, for violarion of Model Rules 1.1, 1.2(a), 1.3, 1.4(a), 1.16(d), 8.4(c) and 8.4(d) [in CPC No. 2001-076, Collie] and 1.3, 1.4(a), 3.2, 8.4(c), and 8.4(d) [in CPC No. 2001-123, Heinicke].
r---------------------...., Accountant/Economic Analysis • Business Valuations ·Personal Injury Damage Analysis • Divorce (Property & Child Support Issues)
Enforcement
secured a judgment of $38,158.92 on August 6, 2001, while Mr. Heinicke was
TIMOTHY MARK HALL, Bar No. 96043, Hunrsville, Arkansas, CPC o. 2001-066. Marion Wood complained that Hall represenced him in a divorce and did not properly account to Wood in Septembet 1999 for the full net ptoceeds of $7,366.16 due Wood from the COUrtordered sale of a marital home. Hall sent Wood a check for only $2,866.16 on September 10, 1999, and failed ro account for the balance of $4,500 until [he Fall of 200 I, after the formal
11510 Fairview Road, Suite 100 Little Rock, AR 72212-2445 Certified Public Accounlanl Phone: (501) 221-9900 Certified Business Appraiser Fax: (501) 221-9292 Certified Fraud Examiner email: schwartz@busvalu.com complaint was served on Hall August 10, .....- - - - - - - - - - - - - - - - - - - - - - - - - - - - -..... 2001, and Wood was forced to sue Hall in Richard L. Schwartz
34 The Arkansas u/I<yer www.ar1cbar.com
Lawyer Disciplinary Actions a local court. Hall failed co respond co the Commictee's complaint, and the allegations therein
were
deemed
admitted.
SUSPENDED April 3, 2002, for six (6) months and fined $500, for violations of Model Rules 1.4(a), 1.15(b), and 1.16(d). CHARLES L. RUDD, Bar No. 89087, Hot Springs, AIkansas, CPC No. 2001-077. Circuit judge Phillip Shirron of Hot Spring County
referred
this
matter
to
the
Committee, alleging Rudd represented Mr. Thacker in a divorce in Garland County,
that Rudd failed co timely file an affidavit of financial means, that Rudd failed co appear for court hearings. that the court had to issue a body 3rc3chmenr for Rudd co get
him co appear, that Rudd was found in contempt, and other problems. Rudd
claimed Thacker failed to keep appointments, had failed co pay Rudd as required, told Rudd he had reconciled with his wife and that Rudd's services were no
longer needed. SUSPENDED May 20, 2002, for Three (3) Months for violation of Model Rules 1.1, 1.3, 1.4(a), 1.16(b)(4), 3.3(a)(I), 3.4(c) and 8.4(d). REPRIMAND: BRUCE JAMISON BENNETT, Bar No. 92140, Bentonville, AIkansas, CPC No. 2001-091. Circuit judge William Scotey of Washingcon Couney complained about Bennerc's conduct in his representation of William Roben Taylor in a criminal case.
200 I-121. Donna Banks of Virginia complained that Booker failed co probate the estate of Mabel Dupins after being paid $700 up front to do so in june 2000. Booker failed to return calls from his client, failed co file any pleadings co open the estate, and told Ms. Banks he did nO[ know where the file was when she terminated his services in February 2001. Booker stated he returned her file and gave her a full fee refund on March 1,2001. REPRIMAND April 24, 2002, for violation of Model Rules 1.3 and 1.4(a).
The Committee found Taylot failed to appeat for court july 5, 200 I, on either the
GREGORY E. BRYANT, Bar No. 82024, Little Rock, AIkansas, crc No. 2002-004.
advice or suggestion of Bennett that Taylor
The Supreme Court referred this matter to the Commirree by Per Curiam on
leave the courthouse. REPRIMAND March 14, 2002, fot violations of Model Rules 3.3(a)(I), 3.4(c), 8.4(c) and 8.4(d). MICHAEL DENNIS BOOKER, Bat No. 89053, Little Rock, AIkansas, CPC No.
December 13, 200 I, for Bryant's failure to file a revised criminal appeaJ brief with a proper addendum, after the Court had gr.rnted the Attorney General's motion on the first brief requesting Bryant comply
MAXIMIZE YOUR QUALIFIED PLAN CONTRIBUTIONS Recent legislation has substantially increased the maximum annual retirement plan contributions. For defined benefit plans, possible tax deductible contributions vary according to the age of the participant, as follows:
2001 CONTRIBUTION 2002 CONTRIBUTION
Our law finn specializes in the design, implementation and administration of defined benefit plans. For a detennination of whether a defined benefit plan will work for you, contact the tax attorneys at:
Dlilim Jewell, Moser, Fletcher & Holleman A T TOR
N E
Y SAT
LAW
III Center Street, Suite 1250' Little Rock, Arkansas 72201 â&#x20AC;˘ Telephone (501)376-8250' www.jrnfh.com Vol. 37 No. 315ummcr 2002
TI,e Ark"nsas La"YCt
35
Lawyer Disciplinary Actions with Supreme Court Rule 4-3(h). The revised brief failed to comply with the addendum requirement, and the Clerk refused to file the revised brief A motion for belated brief was granted for the client, Daf\vin Shields, who was on a sentence to life without parole from Pulaski Circuit Court for capital murder. REPRIMAND May 30. 2002, for violation of Model Rules 3.4(c) and 8.4(d). DALE W. FI LEY, Bar o. 67017, Russellville, Arkansas. CPC o. 2002-030. The Supreme Courr referred this maner to the Committee by Per Curiam on January 31, 2002, for failure to follow the wishes of his criminal client, Mr. Martin, to appeal from a conditional plea to the trial courr. A belated appeal was granted. REPRIMAND May 30, 2002, for violation of Model Rules 1.2(a),1.3, 3.4(c) and 8.4(d).
-
IS PLEASED TO ANNOUNCE THE RELOCATlON OF ITS NORTH'vVEST ARKAl\ISAS OFFICE TO THE THREE SISTERS BUIlDING 214 WEST 0tCKS0N STREET fAYETTE'VlllE. AA n70I·S221 (479) 973--4200 FACSlMIL~ (479) 97]·0C1J] INE ARE AlSO PlEASED TO ANNOUf\K:E THAT KENNETH R. SHEMIN HAS JOINED THE ARM /'t5 A PAATNER IN OUR NORTHW£ST ARJ<.A./\lSAS OFFICE AND WILL PRACTICE /'t5 A MEMBER OF OUR NATIONI\l UTIGATION GROUP, JENNIFER S. BROWN HAS JOINED THE fiRM /'t5 A PARTNER IN OUR NORTH\oVEST ARKANSAS OFFICE AND Will PAACTICE /45 A MEMBER OF OUR NATIONAl HEAlTHCARE GROUP, RUTH ANN WISENER HAS JOINED THE FIRM /45 A PARTNER IN OUR NORTHVVEST ARKANSAS OFFIQ AND WILL PPACTIG /'t5 A MEMBER OF OUR NATIONAl UTIGATIOI\l GROUP, JENNIFER B. HENDREN HAS JOINED THE FIRM /'t5 AN ASSCXlATE IN OUR
NORTHWEST ARKANSAS OfFICE AND WIll PPACTlG /'t5 A MEMBER OF OUR NATlONAl UTIGATlON GROU~ ROBERT W. GEORGE
HAS JOINED THE ARM M AN ASSOCIATE IN OUR NORTHWEST ARKANSAS OfFICE AND WIll PRACTlU M A MEMBER OF OUR NATIONN.. UTIGATI()I'\,I GROUP,
AND EUSA f\.tASfERSON WHITE HAS JOINED mE ARM M AN ASSOCIATE IN OUR UTIlE ROCK OFFICE AND WIll PRACTICE /'t5 A MEMBER OF OUR NATIONN.. HEALTHCARE AND CORPORATE GROUPS ATlANTA· CHICAGO· DENVER· DES MOINES· FAYETTEVILLE • KANW CITY· UNCOLN • UTILE ROCK· NEWPORT BEACH • OKlAHOt1A CITY • 0f"'W-iA • PASADENA· RICHMOND· SCOTISDA1.E ·WASHINGTON
36 TI,e Arkansas La,')'er
www.arkbar.com
KEN ETH GEORGE FUCHS, Bar o. 81063, Conway, Arkansas, CPC 0.2001084. Jim Walker consulted Fuchs about harassment by a creditor after Walker filed bankruptcy. Fuchs agreed to look into the matter for Walker. Thereafter Walker could get no response from Fuchs, terminated the relationship, and sought rerum of his papers. Walker complained that Fuch's office told him it could not find Walker's documents. Fuchs failed to respond to the complaint, leaving the allegations deemed admitted. REPRIMAND March 27, 2002, for violarions of Model Rules 1.I5(a)(2), 1.I6(d), and 8.4(d). RICHARD L. HUGHES. Bar 0.82081, Little Rock, Arkansas, CPC o. 2001-119. Robert Newcomb complained on behalf of Barbara Monroe, a former client of Hughes, whom Newcomb ca.me to represent later. Monroe hired Hughes TO file an ADA discrimination suit against her employer. Defendant employer filed a morion for summary judgment, which was eventually granred because Hughes did nor respond. ewcomb stated his opinion that Hughes failure to properly represent his client was du~ to Hughes suffering from alcoholism ar the time. REPRIMAND April I, 2002, fat violation of Model Rules 1.1, 1.3, 3.2, and 8.4(d). WILLIAM BRUCE LEASURE, Bar No. 83109, Lirtle Rock, Arkansas, CPC No. 2001-072. Complainant Yolanda Burnette was involved in a moror vehicle accident in 2000 and contacted the law office of Alvin Clay for representation. Nor long thereafter she was approached at home by a man identifYing himself as "Carlos." When Ms. Burnette asked if he was there for Mr. Clay, he said yes and she signed papers he broughr. She later learned "Carlos" was not from Mr. Clay's office, and that the legal representation contract she signed was with the Leasure Law Firm. Ms. Burnetre contacted William Bruce Leasure and tried to ger him to release his arrorney lien claim on her sertlement proceeds. She terminated Leasure by lerrer and went to Mr. Clay for help. Clay declined TO take her case so long
as Leasure had an unreleased fee lien. She went back co Leasure, who cold her he could settle the case with the insurance company for $10.000. She asked Leasure for a loan of $200 until her settlement funds arrived and Leasure gave her a check for the $200. When the insurance funds were dispersed on August 15, 2001, Leasure gave Ms. Burnene a senlemenr sheet showing the case setrled for $6.500 and he would withhold $2.926 TO pay her medical bills. Ms. Bumene was thereaft:er contacted by Liberty Chiropractic and St. Vincenr Hospital about her unpaid accoums arising from the accident. Leasure did not paid these providers until September 10. 2001. and then he paid St. Vincent only $500 of the $991 he showed it was owed in his settlement sheet. There is no indication who got the remaining $49 J. Leasure denied any direct solicitation of Ms. Burnette. REPRI MAN D May 31, 2002. for violation of Model Rules 1.3. 1.4(a). and 8.4(a) through 7.3(a). WILLIAM BRUCE LEASURE, Bar o. 83109, Little Rock, Arkansas, CPC o. 2001-143. Complainant Ronald Heney advised the Commitree thar his minor son Isaac was involved in a motor vehicle accident in April 200 I, and man identifying himself as "Curtis" came t the home, scated he was a representative of the Leasure Law Firm and could help isaac get some money from the accident. Isaac said he told urtis he was only seventeen, but Curtis signed him co a contract with the Leasure Law Firm. Ronald Heney learned of the matter, called Leasure, and advised Leasure's services were nor needed and he would deal with the insurance company himself. Mr. Henry mer with the State hum representarive and was told Leasure had filed an anomey's fee lien and would nor release it. The Henrys well[ to Leasute office, where he told them he would release his lien claim for a $200 cash payment from Heney. Mr. Heney paid the $200 co Leasure, gO[ the lien released, and then Mr. Henry proceeded to settle with State Farm. Leasure responded thar ACA 18-42-102
Lawyer Disciplinary Actions permits him to contract with a minor for
2001-090. Finley teptesented Mt. Brasel in
legal services. and that he had a valid lien which had not been voided. REPRJMAND and FINED $500 May 31, 2002, for violation of Model Rules 7.3(a), 8.4(a) and 8.4(c).
trial of a criminal case and timely filed the
WlLLIAM BRUCE LEASURE, Bat No. 83109, Little Rock, Atkansas, CPC No. 2002-006. Richard Matthews, D.C. complained to the Committee that attorney Leasure had failed to honor his filed medical lien for services
provided by Dr. Matthews to Leasure's client Ms. Fu in 2000. Leasure serded in January
200 I for Ms. Fu and $1,856 fot payment to Dr. Matthews was shown on Leasure's settlement sheet CO her. When Dr. Matthews contacted Leasure abour smtlls of his
me
lien, Leasute told him he would send $700 bur Dr. Matthews would have to enforce his lien for the balance. Leasure's IOLTA [rust accounc check co Dr. Matthews for
notice of appeal. He failed
to
file the
transcript when due and had to file a Motion for Rule on the Clerk, admitting his error. The motion was granted and the Supreme Court referred the matter to the
Committee. CAUTION Aptil 24, 2002, fot violation of Model Rules 1.3 and 8.4(d). TIMOTHY ALAN GINN, Bar No. 93108, West Memphis, Arkansas, CPC No. 200 1110. Ginn, a public defender, represenred Cannon, the complainant, at trial. They met for the first time on May I, 1996, the day of trial, when Ginn advised Cannon of the State's twenty year offer. Cannon elected trial bur could nOt obtain any street clothes to wear at trial. Cannon was forced to go to trial in prison clothes, was convicted, and requested an appeal, which Ginn filed. Cannon sought information about the status of his appeal from me appellate coun
$1,322.00 on February 5, 200 I, was tefUsed
clerk in june 1997, and was infotmed his
at Dr. Matthews' bank for insufficient funds in Leasure's truSt accounr. When the check
conviction had been affirmed because of a flagrantly deficient abstract. Ginn responded to the Committee complaint that the Cannon file was missing from the office, it was his first appeal, and he thought it had been properly prepared because he had followed an example from another appeal
was resuhmicrcd cwo weeks later it was honored. Leasure responded ro the Complaint that his checking accounr did not reflect any charge for any insufficienr
check. REPRJMAND and FINED $500 May 31, 2002, for violation of Model Rules I.l5(b) and I.l5(d)(2).
CAUTION:
done by rhe public defender's office. CAUTION April 24, 2002, for violating Model Rules I.l, 1.3, 1.4(a) and 8.4(d).
Q. BYRUM HURST, jR., Bar No. 74082, Hot Sptings, Arkansas. No. CPC 2001-127.
ROBERT R. CORTINEZ, SR., Bar No. 73022, Little Rock, Arkansas, CPC o. 2001-058. Carolyn Russell of Pine BlufT
the release of her stroke~victim husband
from the trial court's adverse ruling. Hurst
from Jefferson Regional Medical Center in
failed to lodge the transcript on time and
july 2000. The Committee found the rotal fee of $5,750 chatged and paid was
filed a Motion fot Rule on [he Clerk, which
DALE WlNSTON FINLEY, Bar No. 670 17, Russellville, Arkansas, CPC No.
www.arkbar.com
Online Dues Payment
CLE seminars
Practice Handbooks
Legal Career Center
murder in Craighead County and appealed
complained that Cortinez charged her an unreasonable legal fee to assist in securing
record. CAUTION March 15, 2002, for violation of Mode.1 Rule 1.5(a).
Association
Jacinto Henderson was convicted of capital his conviction, which was affirmed. Hurst represented Henderson in a post-conviction matter, and filed a timely notice of appeal
unreasonable for the services shown in the
Arkansas Bar
was granted when he accepted responsibility for the error. The Supreme Court referred the matter to the Commirree. CAUTION
April 19, 2002, for violating Model Rules 1.3 and 8.4(d).
Section web pages
The Arkansas Lawyer
AR-KANSAS LAWYER-S R-ECEIVE HONOR-S AT AR-KANSAS BAR- ASSOCIATION ANNUAL MEETING
BRADLEY D. JESSON OUTSTANDING LAWYER
HARRY TRUMAN MOORE OUTSTANDING LAWYER-CITIZEN
The Outstanding Lawyer Award is given in
The Outstanding Lawyer-Citizen Award is given in recognition of outstanding participation in and excellent paformance of ciVIC responsibilities, and for
recognition of acelknce in the practiu of law and outstanding contributions to the
profession.
dtmomtrating high standards ofprofissional For the pasr forty years. Bradley Jesson has had an exemplary and oucstanding respect that legal career indicative of he has attained in the profession and in rhe Srare of Arkansas. "He has excelled as a trial lawyer and as a counselor co individuals and businesses. His diems respect and admire him. Just as importanr. his opposing lawyers always know they are dealing with a man of goodwill and complete inregrity." These words, as stated by one of Justice Jesson's many nominators, capture the essence of this year's Outstanding Lawyer. Since 1961. Brad Jesson has been engaged in active pracdce with the Hardin Law Firm in Fort Smith except for the rime he served as Chief Justice of rhe Arkansas Supreme Court. He brought the same level of dignicy and excdlence to the Court as he brought to the profession as a trial attorney. Following his service on the Court, he returned to the practice of law in Fon Smith and serves of counsel to the firm of Hardin, Jesson & Terry. ]ustjce Jesson has been active in a great number of bar related activities. including
me
38 The Arkansas Lawyer
www.arl<bar.com
competence and conduct. Harry Truman Moore has willingly and faithfully served his profession and his community and has made significant contributions to both for many years. He has served in various leadership roles in his profession, including as President of the Arkansas Bar Association and its delegate to the American Bar Association. H. T. is a Fellow of the Arkansas Bar Foundation and was presented with the Charles L. Carpenter Award in 2000 for his outstanding service to the Arkansas Bar Association House of Delegates. In addition to his many bar leadership roles, his accomplishments III his communicy are also numerous. His most notable service has been through his leadership Ifi rhe Paragould/Greene County Chamber of Commerce where H. T. was selected for the Chamber Board in 1978. Chair of rhe Community Development Committee In 1988, President of the Chamber in 1991-92. a founding member of the Chamber's economiC development component,
JAMES H. McKENZIE JAMES H. McKENZIE PROFESSIONALISM AWARD The James H. McKenzie Professionalism Award recognizes sustained excellence through integrity. character and leadership to the profession and the community which garners the highest honor to the legal profession. This year, the Arkansas Bar Association and Arkansas Bar Foundation established a very important annual award - one recognizing exceUence through integrity, character and leadership to the profession and the communicy. This professionalism award has been named in memory of an attorney whose honor and dignity were ever present not only in his law practice but throughour all parts of his life. Ir is fitting thar the first James H. McKenzie Professionalism Award be presented posthumously co Jim McKenzie. ] im was revered by his friends and opposing counsel as a truly great gentleman of the law. He carried on the tradition instilled in him of civility, honor and integrity. Jim was widely recognized throughout this state as one of the topnotch trial lawyers in Arkansas, but more importantly, as an absolutely honorable and professional attorney. As evidenced by the recognjcion he received during his life as the recipient of both the
W. CHRISTOPHER BARRIER OUTSTANDI G LAWYERHUMANITARIAN
To ruogniu outstanding lJu17l11n;taruln
JOHN J. WATKINS SPECIAL AWARD OF MERIT FOR DISTlNGUlSHED SERVICE TO THE LEGAL PROFESSION
SeTV1U.
"Chris Barrier rakes his community responsibilities seriously, never simply holding a posirion ... he has always done
his community work without fanfare and never sought credit or recognition," says Chris' nominacor. This year we honor
Chris Barrier for his outstanding comriburions [Q a myriad of projeclS over the years in his communicy. From PTA Presidenc ar Woodruff School ro Hendrix College Alumni Association Presidenc and Alumni LoyaJey Fund Chair ro Presidenc of Friends of rhe Zoo, Inc., Chris is no stranger to leading efforts to rajse funds educational, recreational
to further and other
important community encleavors. (alenr and dedication
CO
His
the Arts is
exemplified through his involvemem as a member of rhe Arkansas Symphony Orchestra Society Board of Directors and
rhe Arkansas Symphony Orchesrra Society Foundation Board and as an Arkansas Arts Center trustee. Chris donates much of his time ro the betterment of his profession as well. He has served rhe Arkans2.s Bar Association as a member of rhe House of Delegares and Executive Council Chair and rhe Arkansas Bar Foundation as a Fellow and member of the Board of Direcrors. He has written numerous articles for editions of The Arkansas Lawyer and parricipates in the VOCALS program assisting clients in need on a pro bono basis.
Professor John Warkins has selflessly dedicated his time and talents to jurisprudence and rhe legal profession. He has taught at the University of Arkansas School of Law since 1983. Since 1985, Professor Watkins has served as a member of and principal drafrsman for the Arkansas Supreme Court's Committee on Civil Practice, which recommends revisions in the Arkansas Rules of Civil Procedure, rhe Arkansas Rules of Appellare Procedure-Civil, and rhe Arkans2.s Supreme Courr Rules. He is rhe author of a number of law review articles and has written twO books including The Mass Media and rhe Law (I990) and The Arkansas Freedom of Information Act (3rd Ed. 1998). He is a member of the Arkansas Bar Association and has served on committees toO numerous to list. He was presented a Golden Gavel Award for his work as Chair of the Judicial Article Implementation Task Force. He is a Fellow of rhe Arkansas Bar Foundation and was selected by the Universiey of Arkansas chool of Law ro hold rhe inirial designarion of rhe Arkansas Bar Foundarion Professor of Law for his excellence in teaching, excdlence in scholarship in Arkansas Law, and significant contributions to serving the Bench and Bar of Arkansas.
BRADLEY D. ]ESSON Con't as Presidenr of rhe Arkansas Bar Foundation and Presidenr of rhe Sebastian Couney Bar Associarion. He is a Fellow of the American Bar Foundation, a Fellow of the Arkansas Bar Foundadon, and a Fellow of rhe American College of Trial Lawyers. Recently, he received the Dedjcation and Distinguished Service Award presented by the Natural Resources Law Section of the Arkansas Bar Association. His public service activitjes included his ren-year rerm as a member of me Board ofTrustees for the University of Arkansas, serving twO years as Chair.
HARRY TRUMAN MOORE Con't Paragould 2000, and Chair of rhe Industrial Commjttee in 1993. He was also seleered as rhe recipienr of rhe 1995 Volumeer of rhe Year Award by rhe Indusrrial Developers of Arkansas. H. T. is a former member and Chair of the Paragould Parks and Recreation Commission. He served on the Governor's Task Force for a New Constirurion in 1995 and on the Amendmenr 3 (now Amendmenr 80) Task Force.
JAMES H. McKENZIE Con'l Oursranding Lawyer Award and rhe C. E. Ransick Award of Excellence, Jim truly served his profession tirelessly through his leadership wirh rhe bar and his community. No words can attest more to me dignity Jim broughr ro rhe profession rhan rhose found in a tribute given by one of his dear friends. "Jim was rhe lawyer rhar each and every one of us should aspire co be. Jim was proud that he was a lawyer, like his farber and grandfarher before him. He held 'lawyering' in high esteem, and he brought great credit to our profession. He caused others ro raise their opinjons of lawyers in general. Lawyers everywhere and particularly we Arkansas lawyers have benefired grearly from rhe life ofJim McKenzie."
Vol. 37 No. 31Summer 2002
The Arkansas La'ryer
39
In
Mcmori~m
Fayetteville. Hargraves was a member of Sr. Luke's Episcopal Church where he had served as a member of the Vestry and as Senior Warden. He is survived by his wife, Joanie Manning Hargraves of Hoc Springs, two sons, Lucas Snow Hargraves of Little Rock and Jacob Manning Hargraves of Fayetteville, his mother, a brother and two SlSrers.
WUIE KENNETH COLLIER
ROBERT SNOW HARGRAVES Robert Snow Hargraves of Hot Springs, age 55, died recendy. Hargraves received his undergraduate and law degrees from the University of Arkansas ar Fayetreville. He practiced law in Hot Springs for 29 years and was the senior partner of Hargraves & McCrary, P.A. He has been a member of me Executive Council of the Arkansas Bar Association, a member of the House of Delegates and has served on various law committees including the Mandatory CLE, Jurisprudence and Law Reform and Debtor/Creditor Committees. Hargraves was also active in the Garland County Bar Association. He served as Garland County's first Juvenile Referee and established the juvenile justice program in Hot Springs. He was the founder of the Ouachita Children's Cemer and served as President of the Arkansas Juvenile Judges Association. He was selected as Hot Springs Outstanding Young Man of rhe Year in 1975-76. Hargraves also served as an Arkansas Bar Examiner and has twice served as a Special Justice of the Arkansas Supreme Courr. He also scrved as a special Circuit judge and Chancery Judge. Hargraves was a third generation lawyer. His father Olmon Hall Hargraves practiced law in Forrest City for years and served as Circuit Judge for several years before his death in 1993. His grandfather Roberr J. Foster practiced in Memphis and his grandfather Sol S. Hargraves, practiced in Forrest City. His younger son, jacob, has JUSt recently finished his first year in law school at the University of Arkansas in 40 The Arkansas Law)'er
www.arkbar.com
Louie Kenneth Collier, 82-year-old Harrisburg residenr, passed away recently. He was a former member of the Collier & Jennings law finn The estate and business lawyer attended the Southern Law School, which later became parr of the University of Memphis School of Law. He was admitted to practice Jaw in 1955 and entered private practice in Harrisburg with his famer-inlaw, L.M. Greer. In 1970, Collier srarred the Poinsett County Abstract Company. During the 60's, Collier became the first municipal court judge in Harrisburg. He was the Harrisburg School District's attorney in that decade. Collier was a member of the Arkansas and Poinsen County Bar Associations for 35 years. He served on me following Arkansas Bar Association Comminees: Bill of Rights Constitution and Membership, 12rh Chancery. He was a former member of the Harrisburg Rotary Club and was an actjve member of the Harrisburg First United Methodist Church. He was also a major and a pilot in the U.S. Air Force. Survivors include his wife, Laura Greer Collier, two daughters, Lou Ann Clements and Beck Jennings; twO SiSterS, six grandchildren and three great grandchildren.
was Daggcn, Donovan, Perry and Flowers. He was an officer in the US. Navy in 194346. He was a member of the Arkansas Bar Association and served on several comminees including Labor Managemem Relatjons and Group Insurance and thc judicial Council Liaison Committee. He was a member of the American Trial Lawyers Association. He was a lifelong resident of Marianna, Arkansas, where he was an active member of St. Andrew's Episcopal Church. His survivors include his children, jesse Dodd (Rebecca), six (Linda) and grandchildren, and six great-grandchildren. He was preceded in death by his wife, Louise McCullough Daggerr.
Obituary excerpted from the Arkansas Democrat-Gazette and the Courier-Index of Marianna.
HASKELL TYNDALL DICKINSON
Obituary excerpted from the Arkansas Democrat GazetU and the Modern News of Harrisburg, Arkansas
Haskell Tyndall Dickinson passed away at the age of 84. He was me fanner president of McGeorge Contracting Company, a company with more than 250 employees which built much of Arkansas' highway system and mined bauxite for the Aluminum Company of America. He earned a law degree from Washington and Lee University in Virginia. He loved art, literature and me outdoors. said Arkansas State Supreme Court Justice Robert L. Brown, a longtime friend. He was a strong Razorback supporter, a life member of Ducks Unlimited, past president of the Country lub of Lirde Rock, and a member of for more than 30 years. He served in rhe U.S. Army during World War II. Dickinson is survived by his wife, Carrie; rhree children, Remmel Tyndall Dickinson, an Ellen Easr and her husband Jack, Haskell L. Dickinson II and his wife Margaret. and six grandchildren.
JlMASON DAGGETT
Obituary excerpted from Democrat-Gazette
Jimason J. Daggerr, 86, died recently. He was a graduate of the University of Arkansas Law School at Fayeneville, and was admitted to practice in 1938. His law firm
x.v
the Arkansas
In MCnloriJnl ELMER A. RIDDLE Elmer Riddle of Van Buren, 95, recencly passed away. He practiced law for several years, serving as City Anomer for two terms, Deputy Prosecuring Anorney, Special Chancery judge and Presidenr of the former 15th Judicial Disrricr Bar Association. He received his LLB and j.D. degrees from Cllmberland University, was a member of Arkansas and American Bar Van Buren Lions Club, Associations, and me Van Buren Masonic Lodge No.6. He was a member of the First Baptist Church of Van Buren. During World War II, Riddle was aU. S. avy officer who represemed the avy on the Armed Forces Assignment Board in ew York. He served on the avy's Coun Marcial Board.
me me
Obituary aurpud from tilt Tim~s Ruord
Southl«SI
H, FRANKLIN WATERS U.S. District judge Franklin Waters, former Chiefjudge for me Western District of Arkansas, recently passed away at the age of 69. Appointed to me federal bench by Presidenr Reagan, judge Warets assumed He succeeded Paul X. office in 1981. Williams [Q the sear once occupied by U.S. District Judge Isaac Parker, the famous "Hanging judge" in me lare 19m cenrury. He made several high profile decisions during his jud.icial career, Judge Waters found the purchase of the Norrhwest Arkansas limes by jackson T. Srephens violated antitrust laws and, in another case, awarded $1.5 million ro 96-year-old Nellie Mitchell of Mountain Home in a lawsuit againsr rhe Sun rabloid. Philip Anderson, an attorney in the newspaper antitrust case and former president of the American Bar Association, said, "Franklin Watets was one of me grear federal judges in modern Arkansas hisrory. He was scrupulously fair, and he was weU respected by every lawyer who practiced in his courtroom," Judge Waters earned a law degree from
Continued On page 43
Th, Arkamos Bar Foundarion IUknowkdga wi,h graujUl apprt!ciation ,Il( rt!uip' of'''' following m~moria~ honoran'um and scholarship contributions "ui~d dun"ng Ih~ pmod ofApril I, 2002 ,"rougl; Jun' 17, 2002: IN MEMORY OF jlMASON DAGGETT RONALD MAy IN MEMORY OF GERALD DELUNG JUDITH GRAY IN MEMORY OF DEAN HOWARD EISENBERG WINSLOW DRUMMOND
GEORGE ELUS' HYDEN, MIRON & FOSTER, PLLC RONALD MAy JUDGE ELSIJANE T. ROY' DENNIS AND JANE SHACKLEFORD' MICHAEL THOMPSON' MR. AND MRS. DAYlD YOUNG' 'DESIGNATED TO THE JUDGE HENRY WOODS SCHOLARSHIP FUND, ADMINISTERED BY THE ARKANSAS BAR Fou DATtO.
IN MEMORY OF ZED GANT HYDEN, MIRON & FOSTER, PLLC IN MEMORY OF JAMES McKENZIE JERRY AND SANDY CAVANEAU' HYDEN, MIRON & FOSTER, PLLC SHERRY JACKSON' K,RBY AND ROSAUND MOUSER' DENNIS AND JANE SHACKLEFORD' SHARP & SHARP. PA.
IN MEMORY OF MRS. JOSEPHINE GRIFFEN JUDITH GRAY
HONORARIUMS
'DESIGNATED TO THE HORACE H. McKENZIE AND JAMES H. MCKENZIE SCHOlARSHIP FUND, ADMINISTERED BY THE ARKANSAS BAR FOUNDATION.
IN HONOR OF BRADLEY D. JESSON ASTHERECIPIE TOFTHE2002 OUTSTANDING LAWYER AWARD ARKANSAS BLUE CROSS & BLUE SHIELD HARDIN, JESSON & TERRY, PLLC
IN MEMORY OF DUNCAN McRAE R. BRANDO SLOAN, jR.
SCHOLARSHIPS
IN MEMORY OF JUDGE DAVlD PARTAlN HARDIN, JESSON & TERRY, PLLC
THE ARKANSAS BAR FOUNDATION IS PLEASED TO ANNOUNCE THE ESTABLISHMENT OF A NEW SCHOLARSHIP FUND
IN MEMORY OF CHARLES A. OACK) WALLS RONALD MAy IN MEMORY OF JUDGE FRANKL! WATERS MR. AND MRS. W,NSLOW DRUMMO DONIS B. HAMILTON MICHAEL AND SUZANNE THOMPSON ROBERT R. WRIGHT
0
ENTITLED
MCCASKlLL
THE
SCHOLARSHII'.
SCHOLARSHIP FUND
AUSTIN
THIS
WAS ESTABLISHED
BY THE FIRM OF BARBER, MCCAsKILL, JONES & HALE IN HONOR OF AUSTIN MCCAsKILL. WILSON & ASSOCIATES ETHICS SCHOLARSHIP FUND W,LSON & AssocIATES, PLLC
IN MEMORY OF JUDGE HENRY WOODS JUDGE ELLEN BRANTLEY" JERRY AND SANDY CAVANEAU' MR. AND MRS. MURRAY CLAYCOMB Vol. 37 No. JlSummer 2002
TIle Arkansas lawyer
41
Florida from page 20 Where Do We Go From Here? The average vocer seemed concerned, even angry, in the aftermath of "Florida" that voting was noc the same everywhere. There have been calls from some quarters to implemem federal srandards for elections, so that Florida does use the same equipment, the same definition of a voce, the same standards for recoums, etc. as every other jurisdiction. Local comrol of elections is
deeply embedded. though. While the U.S. Consticution does give ongress broad powers to regulate federal deaions, and while Congress has exercised that power to enact proscriptions against discrimination in voting and to regulate voter registration
(Motor Voter). Congress has hesitated to go much further into what has traditionally been the domain of the States. lndeed, since the dust has settled on "Florida," the legislative focus has been on providing funds to states ro upgrade their voting equipmem. 22 These biIls also contain provisions for minimum standards for equipmem, requiremems of statewidecemralired vocer registration and ensuring access for disabled voters ro secret ballots. It's the money, however, that will get the anemion of stares. But will it lead to srandardization? Probably nor, since there is no widespread agrcemem about what kind of voting is best. Many favor computer-age rouch-screen voting machines, but others favor optical scan ar every precinct. And the debate is noc over. The counties that use punch cards in Arkansas seem to like them jusr fine. The Saline Counry Election Commission even appeared ar a hearing of rhe Senare State Agencies Committee during the 200 I legislative session and demonstrared their punch card appararus, bragging thar its error rate was no worse than thar of optical scan. Of course, those counties that use punch card systems now
realize that any federal money that becomes available will be marching funds. State and local money will have to be used. and. given projected COSts of $5-8000 per precinct and the currem governmental financial crunch,
thar money will be hasd to find. It will likely be left to the states to figure our the best response in each given case to the issues that came out of "Florida." Arkansas is ahead of the game in many respects, bur its election officials realize that
it could have happened here in 2000. The trick for the Elecrion Improvement Study
42 The Arkansas La"""r www.ar1<bar.com
Commission and the 2003 General Assembly is to figure our how to keep a
"Aorida" from happening here in '04 and beyond. End Notes: I. See. To As",« Prid< and Confid<nc< i" tht Eltctoral Prouss, The ationaI Commission
on
Federal
Election
Reform (2001) [this is somerimes referred to as the Ford/Caner report; contact The Miller Center of Public Affairs, Universiry of Virginia, P. O.
2.
3. 4. 5. 6. 7. 8.
Box 400406. Old Ivy Road, Charlottesville. VA 22904-4406. or The Century Foundation, 41 East
70th St.• NY. NY 10021; see the web at www.reformelecrions.org ]; Building ComtnsuJ on Elution Rtftrm. The Constitution
Project,
Forum
Election Reform (2001) [for copies
Washington. D.C 20036]; NASS Stau-by-Stau Elmion Reform Bm Pmcticts Rtport: Rtvitw of Existing Law (Btst Pmctius), National Association of Secretaries of State
(200 I) [for copies comact NASS. 444 N. Capitol St.• NW. Suire 401. Washington. D.C 20001); Ekctio" 2000: &view and R<comm<ndnriom by tht Nation's Ekctions Administrators, ational Task
Election Reform. The Election Center (200 I) [for copies contact The Election
Force on
Center. 12543 Westella. Suite 100. Houston. TX 77079); Voting in Am<rican, Final R<port of th< NCSL Eltctions Riform Task Foret, ationaJ Conference
of State
114. National Conference of State
9. 10. 11.
on
contacr The Constitution Project, 1717 Massachusens Avenue, NW,
Legislatures,
(2001) [for copies contact the NCSL, 1560 Broadway. Suire 700, Denver. CO 80202J; Updnti"g th< Voting Syst<"" Ptrformanc< and tim Standnrds: An Ovtrvitw, Federal Election Commission (2001) [available on the web at www.fec.gov/page.slstandardsoverview.
hrm ); W,ting: What is, What Could 8<. Voting Technology Project. CaJrech. MIT (2001) [comact Jill Perry at jperry@mir.edu or Patricia E. Richards at prichards@mjt.edy]; Ltgislativt Rtcommtndatiolls, ational Association of State Election Directors
(200 I) [for copies contact NASED. 444 N. Capitol St. NW. Suite 40 I, Washington. D.C 20001J.
w,ting in Am<rica, Final R<port of th< NCSL Ekctiom Riform Task Fore<. pg 19. ational Conference of State Legislatutes. (2001). Ark. Const. amend. 51. § 13; Ark. Code Ann. §§ 7-5-306. 7-7-308. Ark. Const. amend. 51. §5. Ark. Code Ann. § 7-5-418. Ark. Code Ann. § 7-5-202(a). Ark. Code Ann. § 7-5-309. Voting in America. Final Report of the NCSL Ekctiom Riform Task Fote(. pg
12.
Legislatures. (2001). Ark. Code Ann. § 7-5-406. Ark. Code Ann. § 7-5-411 (a)(I)(B)(ii). 5« Anya ostek. Tht Immortal Chad, "Governing," pg 26 Uanuary 2002). Id. at 27. (The twO major election reform bills pending in Congress are
S565. known as the Equal Protection of Voting Rights bill or the Dodd bill for its sponsor; and HR3295. the NeyHoyer bill. which was recently adopted by the House.) 13. Ark. Code Ann. § 7-5-707(b). 14. 5«. Bush v. Gore. 531 U.S. 98.101 (C 2000). 15. Among the repores making recommendations concerning recounes
To AsfU" Pride and Con.fUUnce in llu Electoral ProClss. The ationa! Commission on Federal Election Reform (200 I); Building Com<m11J on ELection Reform. The Consricution
are:
Project. Forum on Election Reform
(200 I); NASS Stau-by-Stau Ekction Rtform Bm Practic<s Rtport: Rtvitw of Existing Law (BtSI Practices). National Association of Secretaries of Stare (200 I); Ekction 2000: R<view and
Recommendations by flu Nations Ekctions Administrators, National Task Force
on
Election
Reform, The
Election Center (2001). 16. Ark. Code Ann. §7-5-3I 9(a)(I). 17. Ark. Code Ann. §7-5-319(e)(I). 18. Ark. Code Ann. §7-5-319(e). 19. Ark. Code Ann. §7-5-701. 20. Ark. Code Ann. §7-5-701(a). 21. Ark. Const. anlend. 51 § II; AG Op. 2000-133. S565 (Dodd bill) and HR3295 (Ney-Hoyer
Exec Director
5
Report from page 5
both the organ.ization of the House of Delegare Districts and me organization of me Board of Governors Districts. The House of Delegates musr adopt a new organizarion of the districts as necessary to achieve more equitable representation of the Association membership on the particular governing body.
Sections and Committees At the same time me membership was approving the above reorganization, a Special Study Committee on Association Committees was completing its work which was approved in June 2000 by the House of Delegates. The primary change was the elimination of substantive law committees, each of which was given me opportunity to become a section or merge into an existing section. This has resulted in an increase of eighr new sections, for a toral of 24 sections today. (Each section has its own password protected web pages at www.arkbar.com. including a list serve.) The above change - along with several mergers of committees - has reduced me number of Association committees from over 60 to 35. There are also currently five task forces which were established either by the House of Delegates or Board of Governors, and each task force exists unril The its purpose has been fulfilled. utilization of task forces has reduced the prior practice of establishing committees to handle time or subject limited matters, with rhe result of some committees remammg in existence long after their usefulness.
For More Information The composition of the House of Delegates and Board of Governors is kept currenr at www.arkbar.com. Simply click on "About the Association" if you want ro know your represenrative(s) in either governing body or want information on Associarion Officers. _
In Memoriam Continued from page 41 St. Louis University and his score on the Arkansas bar exam was the highest ever recorded at the time. He pracriced as an anorney for Ralston Purina before joining the Crouch, Blair and Cypert Law firm. He was a commissioned officer in the U.S. Navy during the Korean War. The judge's survivors include his wife, Jane, and three daughters.
Obitllary ,xcerptrd from th, Arkansas Democrat-Gazette and The Morning News of Northwest Arkansas.
DUNCAN L. MCRAE, JR. Duncan L. McRae, Jr. died recently after pracricing law in Arkansas for more than 68 years. He was the last surviving grandchild of Thomas C. McRae, former Governor of Arkansas. He was 89. McRae served a term on the Insurance Law Comminee. He graduated from Vanderbilt Law School in 1935, but passed the Arkansas Bar Exam in 1934. He pracriced law with the Tompkins and McRae law firm and then the McKenzie, McRae, Vasser & Barber firm in Prescott for 68 years. He was recognized as a Fellow of the American College of Probate Counsel. He was a member of the Arkansas Bar Association and rhe Firsr Presbyrerian He was a former Church of Prescort. member of the Prescott School Board, and a former president of the Prescott Chamber of Commerce. McRae was a veteran of World War II who achieved the rank of captam. Survivors include his daughrer Mary Ellen McRae of Little Rock and twO nieces. Claudia Hartness of Monticello and Susan Leedy (Don) of Anaheim, California; four nephews, Van Noy (Debbie), Joel (Marian), Duncan (Debra) and Malcolm Oennifer) Culpepper, eight grear nieces and seven great nephews. His wife of 61 years,Oleta Wilson McRae, and a sister, Jennie Mildred Culpepper, predeceased him.
Obitllary ,xctrpttd from "Obiroary for by Duncan Duncan L. McRae, Jr."
Clllp'pptr, CirCl/it judg', Eighth judicial District - North
CARL "RICK" MINEHART Rick Minehart, 37, of Rogers, was killed along with his law partner, Tim Morris, in a plane crash in Lee County, Arkansas. He was a member of the Arkansas Bar Association and Yererans of Foreign Wars Post 3031 J. He was a flight engineer and aviation electrician in the Navy from 1982 to 1996. After leaving the Navy, he entered law school and graduated in 200 I. He clerked for lim Morris before becoming a partner in the firm. Survivors include his wife, Maria; cwo sons, a brother and sisterin-law and a sister and brother-in-law.
Obituary excerpted .from the Bemon County Daily Rtcord
BIRTHDAY, ANNIVERSARY OR RETIREMENT CELEBRATION' REMEMBER, THE ARKANSAS BAR FOUNDATION... The Arkansas Bar Foundation receives contributions in honor of individuals on a regular basis. To make a donation, the donor makes the check payable to the Arkansas Bar Foundation and notes on the memo line or cover lener the details of the honorarium ("in honor of _ _ _" along with the address for the honoree). In rurn, the Foundarion will acknowledge receipt. A letrer will be sent to the honoree advising him or her of the contribution and who gave the donation in his or her honor. These contributions to the Arkansas Bar Foundation are tax deducdble. CONTRlBUTIONS MAY BE MAl LED TO: ARKANSAS BAR FOUNDATION 400 WEST MARKHAM LITTLE ROCK, ARKANSAS 72201
Vol. 37 No. 31Sul11mer 2002
The Arkansas La":)'er
43
President s Report from page 3
YLS Report from page I I
former lawyer legislators, and past presidents or ocher support groups. Also, mey will seek organizations as allies wim interests like our own in various efforts. The Legisl3[ion Committee will meet every Friday during the legislative session ro receive a report from the lobbyist and make determinations as to the Association's positions on issues mat may occur concerning proposed changes to our Association legislation and to decide on positions ro be taken by the Association on new issues mat arise during the session on which the House of Delegates has not taken a position. These will include what position and action to take on bills which would have a detrimental effect on me administration of justice or on me practice of law. It would not support legislation which the House of Delegates has rejected within the last twenty-four momhs nor oppose any legislation which the House of Delegates has approved with the past twenty-four months. In emergency situations, the committee may have to confer by telephone or other form of communication between meetings. Other efforts to present the Association's positions could include a network of past lawyer- legislators and past presidents of the Bar Association. The job of screening all of the bills that come before the Legislarure is a large undertaking and may requite the assistance of a number of the members of me Association. Historically, the Sections have assisted the Legislation Committee 111 screening bills and we look forward to them continuing mis important role. Because the rules of the Legislature allow bills to be introduced and rhen adopted in a very short period of time, it is sometimes very difficult to learn of such proposals and That react in a timely manner. demonstrates the need for rapid communication and quick reaction by the membership to contact their legislators. All of this points our rhe need for YOUt help and suppOrt. Please Ie< rhe Bar Association know if you are willing to help. If you are called upon to assist in any of these efforts, please help when you can. It is in the best interest of the operation of our system of justice and of the legal profession. If we fail to do what we can, we will share the fault and endure the consequences. Our clients rely on us to procect their interests. We should do no less to protect our own. _
Association's 100 hours of service for 100 years project? Or take a look at all of the worthwhile projects which have been sponsored by the Young Lawyers Section alone: the disaster relief project, Lawyers for Lireracy (a project begun by Mark Hodge devoted to improving literacy rates in central Arkansas), handbooks to educate consumers, guardians, senior citizens, caregivers and even other lawyers (statute of limitarions handbook). I am proud of the work we do as lawyers. borh on and off rhe clock. rhrough the bar association, civic organizations or even individually. I hope that we will continue these worthwhile effons while educating the public about who we are and rhe good we do. I am looking forward to a very positive, productive year and welcome suggestions and insight inro ways to show the public who we, as a profession, really are. _ Robert C. POst. On th< Papillar [mag< of til< Lawya, Rifl.ctions in a Dark Glass. 75 CAL. L. REV. 379 (1987)
PAGE MA RetJremem
ADR,lnc. IV Charter Express
10 32
LegaJ Dlrectones Publishing
4 22 17 43 27 36 29 15
LegaJ Mrantage
35
NA
EO
Golden L1ntem PubllGltJons INA Kutak Rod
Ln!tech Data
lexJs路NexJS On-ine joiY1 McAllISter
Pa.J M~on
Moore, Stephens. Frost
InSIde Back Cc.ier
9 31 14
Rebsamen Insurance
Back Cover
Richard L. Schwartz
34
UPS
21
West Group
Wlson. Ledbetter
Inside Front Cover
20
ClJssified Advertising DEVELOPMENTAIL DlSAlBILITlES/ MENTAIL RETARDATION/SPECIAL EDUCATION/MENTAIL HEALTH/ NURSING HOME & HOSPITAIL STANDARD OF CARE Expert witness services provided related to Standard of Care issues in health and human service agencies. William A. Lybarger. Ph.D. 620-221-6415 t1ybarge@!yahoo,com/ www.tonylybarger.com ENTERTAINMENT LITIGATION, CONTRACf NEGOTIATIONS & THE LATEST TRENDS IN ENTERTAINMENT LAW lOth Annual Cucting Edge Entertainment Law Seminar. August 22-24. 2002. Hotel Inter-Conrinental, New Orleans, LA. For registration contact: Music Business 1nstirute. (504) 945-1800, FAX (504) 945-1873. www.jass.com/cu[[ingedge/ HEALTHCARE COMPANY 111 Northwest Arkansas seeking in-house counsel to supervise litigation and assist with basic legal maners. Minimum rwo years experience in practicing law required. Send resumes and inquiries to: In House Counsel. P.O. Box 1948. Fayerteville. Arkansas 72702. BOOKS FOR SAlLE Federal Practice and Procedure (Current) 1/2 price - $437.50. ALR 5th (Current rhru Vol. 89) 1/2 price - $650.00. USCA (Curtent) 1/2 price - $1150.00. Contact Vicki Massengill, Womack, Landis. Phelps. Mc eill & McDaniel. Jonesboro. AR (870) 932-0900. WANTED TO BUY: Pike's Reports of Arkansas Cases. vols 1836-1844; English Reports of Arkansas Cases. vols 1844 -1853; Barber's Reports of Arkansas Cases. 1853- I861; Hempstead's Arkansas Territorial Reports, 1858. Do nor want 1905 Reprints, but 19th ent. originals, in good condition or better, all or any, send quotes to Matthew Horan. PO Box 10205. Fr Smith. Ar 72913; email mhoran@smithmaurr.com. Assembling collecrion for gift to library.
LEXISNEXIS AND YOUR BAR ASSOCIATION WORKING TOGETHER TO SUPPORT THE 1ÂŁGA1 PROfESSION
No
MATTER WHAT
THE SIZE OF YOUR FIRM, YOU GAIN STRENGTH IN NUMBERS AS A MEMBER OF YOUR BAR ASSOCIATION.
Counr on gaining nor just the suppOrt of your Bar Association, bur LexisNexis as well. By working cogerher, we're able co offer special benefits to members of your Bar Association.
\Vle realize that the strength of your research is one of your biggest professional advantages. Now purring the best research on the table is easier because LexisNexis offers a selection of online research packages exclusively through your Bar Association. You can choose from bar member
nat rares or pay as
)'OU
go.
ew attorneys get a real break right when they need it the most with
discounts up to 75% for their online subscriptions. Check out our Special Bar Member Benefits by calling 866.836.8116. See how we make the numbers counr.
.. LexisNexis~ Bar Association Member Benefit Program BlnlIo\lO .e Ir1IdIJNrb 01 ReIId EIsMer PrlJlllllllllS Int.. Ir.ed lRllIf IiamlI C 2002leXisNexis. a (livrsion 01 ReOO EI5eY* Inc All r~ r85el'lOd
t~.., IIl8 Koowledge
I AL4657 I
acing a legal malpractice claim is something every lawyer must consider. You F need the right insurance coverage and expen
)
legal defense at hand. For more than 35 years that's what the parmership between the Arkansas Bar Association, the Rebsarnen Insurance Agency and C A has provided. Our superlative combination of coverage and defense has made us the most popular source for lawyers liabiliry insurance in Arkansas. Law fmns throughout Arkansas form our network of specialists in legal malpractice, prepared to defend you if a claim arises. Your defense costs are covered in addition to your limits of liabiliry. And you can choose to have no deductible, meaning you pay no legal fees at all should you need defense counsel. The fmancial strength and stabiliry of CNA, one of the country's largest insurers, stands behind you. And the Rebsarnen agency, in affiliation with the Arkansas Bar Association, has stood for dedication to the Arkansas legal profession for decades.
More than insurance.
Your best
defenses~
Arkansas Bar Association
400 W. M.,.kham Rock, AR 72201
Lit~e
Professional Association Group Division 501-664-8791 PO Box 3398 Lit~e Rock, AR 72203路3398 """"v.rc:bsamen.COlll nis fXOtJ'ITI is lIliJWIuen by a'IJ (X nrxe d tie 0J4 CNA. is affJ{}S1Ef8d S9楼fC8 mcn tnJ /Iaie f9re <i (J;>l_ Cilpoolial. c:oopni3S.
t:NA
INSURANCE IN TOUCH WITH .usrNE$S