Page 1

President's Report

by James D. Sprott

My "Top Ten List" Other lawyers have rauglH me many. many things over rh e last th ree decades. H ere is my "Top Ten List: Things lawyers have taught me," with credit co each author. 1. CfFight your case, not the other lawyer." (G iles Dearing) This diminutive old solo practitio ner from Wynne was rhe epicome of a country lawyer in the late '70s. He had no secretary and typed all of his documents on a manual cypewrircr, onc peck at a rime. Bur my fa ncy pleadings co ming off an IBM Selectric weren' t go ing to impress rhe Court any more [han G iles' simple. shoft aJ legations. While fighting th e merits tenaciously, he was mos t agreeab le procedurally, and regardless. the case would end with a sincere handshake and wo rds of ap precia tion and enco uragement. He was quiedy and without reward, a mentor to yo ung lawyers, and an attribute to his profession. 2. "Get your money up front; things can go terribly wrong." UilJ Jacoway) In fact, Jill keeps a picture o n her desk of Jerry H ., the particular client whose reason for delayin g payment went "terribly wro ng," teaching her this important lesso n. 3. "I sure am glad to be a part of a profession that admits it takes positions for hire." (David Solomon) This Helena icon whispered this ro me during a mul ti-parry trial where an engineer was trying not to admit his being paid as an expert might have an impact o n his testimony. Not only is it "all right" for us to make th is admiss ion, we need to remind ourselves of it dai ly. There are always at least two sides, and reaso nable lawyers can energetically and eth ically take the side op posite ou rs. 4. " You cannot learn with your mouth open." U. Michael Sprott} Though nOt a lawyer. my wise brother's adv ice is impo rtant to those of us who compete orally. We often need to be quier and foc us on the other parry's words. While we are listening we may learn solutions we mi ght never have

considered had we kepr talking. 5. "People don't come in to sit across your desk to hear " No."" Uames B. Sharp) My first empl oyer and law parm er forced me to never accept the easy answer, which is most often "No." Find a way, a legal way, to accomplish the best for the cl ient, and do it in a gentlemanly fashion. 6. "Don't walk around looking like you have the weight of the world on your shoulders." (John B. Moore) This Clarendon naruralist/lawyer raught me to choose a positive attitude in th e face of the pressures rypica l to our profess ion. Buck up. throw yo ur sho ulders back and march o n! Keep your att itude positive! 7. "If you are in this for the money, you are going to be disappointed." (W. H . Taylor) T hose attracted to rhis profession by gli tz and glamou r, money or fame, are in for a shock. It is no picnic bein g in a co ntroversy every day, whether spendin g days negor iat ing contracts or in the courtroom. Ours is a professio n of taking positions cont rary to others. It is not easy wo rk. and if money is the only goa l, di sappointment is likely. Co nsistent financial reward comes with dedicated service, long ho urs and tedium. The message? Make service ro clients the prim ary goal. not fees. S. " I've got a desk a show dog couldn't clear." Uimason Daggetc) In response ro my inquiry about the timing of his answers to my il1terrogarories, this delightful gemleman gave me a line used many, many times the reafter. 9. "Never leave your office at the end of the day without having returned all your telephone calls." U. Scott Covington) A host of eth ics semi nars may teach this. but Covington lives it each and every day. T he resulrs are appreciative cl ients who are certain they are o n his mind, and their case is im porranr to him. lO."Smother them with kindness; they won't know how to respond." Uosep h E.

Ours is a profession of taking positions contrary

to others. It is not easy work, and if money is the only goal, disappointment is like/y. Sprott} What I believed was my father's o riginal thought is really found in Proverbs: "A soft answe r rums away wrath." We characterisrically puff up in anger when so m eone initiall y trea ts us harshly. eage r to voice o ur righteous indignatio n. The result is more harsh words, until communication ends and hope of resolutio n wanes. Cover them with kindness? Respond with a soft word? It ofren leads to silence. then cal m nego tiati on, and finally solu tion. Isn'r th at our goal: sol utio ns? 11. "We don't make them like that anymore." Johnny Nichols said this of Donald J. Ada ms. who o nce return ed to Ill y partner documents mistakenly ar-rached to responses to discovery requests. saying. " 1 really don ' t th in k you meant to give n l C these." A kinder, gen der rime, maybe, bur we should all treat each other this way. No doubt yo u have a "Top Ten Lisr" of (hings yo u've learned over the years. Wri [e them down and define what they have meanr to you. Then share them with a n ew lawyer jusr starting th is wonderfu l profession. Maybe togeth er we can make this a n even more enjoyable. meaningful way [ 0 make an honest livin g. Oh. I know there were cleven. I never was good at math. _

Vo l. 41No. 4IFali 2006

n,e Arkansas lawyer


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Young lawyers Section Report

by Michelle Cauley

Remembering Atticus Finch urhe Dilly tbblg that does,,'t abide by mnjo1'ity rule is a persoll's cOllscience" - Arcicus Finch, To JGll a Mockingbird

seemed reasonabl e. I know many lawyers who

Consider this a challenge to all YLS mem-

During a recent inrerview, 1 asked rhe law

floated imo this profession in much me sa me

bers, i.e., anyone 36 or younger o r in practice

way. How we gOt here, however, is nor the

for less than 6 years (whichever al lows yo u to

point. Regardless of why we chose our profession, the reality is as lawyers we have morc of

be a "young lawyer" longer), to join a committee. Just one. As YLS Chair, I inrend to

studenr sicting across from me what made her

an oppormnity than most to make a real dif-

recognize each and every YLS member who

choose law school. Without hesirarion, this

ference in people's lives.

rises to this challenge at am next Annual

young woman proudJy told me about her pas-

As me often routed "public service ann of

Meeting in Hot Springs. And, speaking of tile

sion for helping others who were disadvan-

the Bar" the YlS has several projects and vol-

Annual Meeting, ler me be the first ro

raged and underprivileged. She said when she

unreer opporrun ities mat directly benefir our

announce mat m e YLS Executive Council is

really tho ught about it she found that what

communi ty. Whether it's reading to a fourth

working on some serious re-vamping of the

the majori ty of disadvantaged people needed

grader at a local elementary school , coach ing a

YLS meeting and activities at the Annual

most was legal relief Sometimes chat relief

team of high school students for me mock

Meeting, and you won't want ro miss it this

came in the form of changes in rhe law, she

trial com petitjo n, or distributing copies o f the

year! There will still be champagne punch, but

explained, and sometimes it cam e in the form

award-winning DVD, Parent Wars, and its

we are working on "shaking it up" a little bit.

of legal representation. Eicher way, she said,

companion handbook, the YlS. in its own

be heard. She told me she chose law school so she could help, whether ir be by getting laws passed or amended or by being so meone's voice in a courtroom. As I stared at her in

way, is trying to make a difference.

More on that to come in my next column ... In the meantime, if you are interested in

quarterly YlS column, but my purpose is to

wonder, all I could think was: \tI&w. ,his per-

to-day chaos mat is the lot of most of us

son is amazing.'

young lawyers. I know what it's like to juggle

what they needed most was a voice


I realize this is an unusual way to begin a try and inspire tllose of


who, like me,

have a tendency to get wrapped up in me day-

I left that interview rruly inspired; some-

work, kids, and everything else. But, being

thing I had nor expecred to happen during a day filled with law srudcnr interviews. This yOWlg woman, however, had a spirit reminis-

active in me YLS is o ne of the best ways to

cem of Harper Lee's unforgettable character,

Below is a list of all the current service proj-

Articll5 Finch. in To Kill a Mockingbird, and

ecrs being pursued by rhe YLS this year. Each

give back to me community wi thout havi ng to devote huge blocks of time out of your day.

her pass io n for the law was infectiolls. She

project can use more volunreers. In agreeing

made me proud of my profess ion, and she

to help. you can determine how li ttle or how

made me think about rhe things we as a

much time you devote

young lawyers sectio n sho uld rake pride in

multiple projects that at a minimum require

and value as a whole.

only a few hours a year! Projects such as Mock

Nor al l of us chose rhe legal profession as a


a project. There are

Trial (j udging a round of competitions only

result of some deep profound des ire for social

takes a few ho urs once a year); Law Day

change. Take me for example. I chose law

(spend an hour or twO talking to a class about

school primarily because as a 21-year-old soon-to-be college graduare I didn 'r real ly

Just helping out here and there on an y given

know what

project can potemialJy make a huge difference.


do after college, and law school

learning mo re about any of me following YLS projectS and committees, please co nract me at Handbook Revisions Statute of Limitations, Consumer Law, and Emergency Preparedness

Bridgi ng rhe Gap Disaster Relief Parent Wars Newsletter

Mock Trial Law Day Annual Meeting I hope ro hea r from you. and stay tuned for more information on tllose changes ro the YLS meeting and acti vities at the 2007 Annual Meeting! •

our jury system- again. only o nce a year).

Vol. 41 No. 4/ Fall 2006

n,e Arkansas lawyer


Working With Lawyers



Post-Soviet Georgia

by Bettina Brownstein

On Februa ry 1 of last year I rook three flights to go half way aro und the world to the Republic of Georgia. At the lime, like most Americans , I knew very littl e abom rhe country. I thought of it as a form er (crri cory of Russ ia bur did nor know precisely where it was located and believed char like Russia it must be unbearably cold in February. 1 hadn ' t chose n ro go to Georgia. I had vo lunree red ro spend a year in an y coumry the American Bar Assoc iation would send me ro as parr of its Ce ntral European and Eu rasian Lega l In itiative (CEELI ) program. I wa m ed a break from the private practi ce of law and wanted ro spe nd some rime livi ng and wo rkin g as an anomer in a foreign counrry. Jo ining CEELI seemed like a way I cou ld acco mp lish these goals. CEELI is a program of the ABA that has as irs mission the promotion of the rule of law in eme rging democ rac ies. Ir sta rted by placing ex perienced lawyers in cOllntr ies 10 T1l e Arbnsas lm\j'cr


rhar had on ce bee n pan of the Soviet Union ro help build legal institut ions such as bar associations. law schools, and an independenr judiciary. C EELI is primarily fund ed by grants from USAlD. My duties in Geo rgia inclu ded doi ng an in-depth assess ment of the legal system from the peine of view of trial lawyers, reach ing rrial advocacy skills, ass isti ng in rhe devel opmem of a narion ai bar association, and helping draft an ethical cod e and disciplinary ru les for lawyers. Before leaving, I read lip o n rh e COlimcr. Th e Lonely Planer gu ide said [hat if YOli were stayin g in th e counrry any length of rime it was recommended (0 obtai n hosrage insurance, bur to be sure an d not tell anybody abour it. I was advised to b ri ng a warm coa r and stu rdy shoes bec.1 use the inreriors of buildin gs wo uld nOt be hea ted and wa rned that electri city and wa rer were often cllr off.

I was fo rtunate thar my d aughter had school friends from Litd e Rock Central Hi gh whose parenrs were from G eo rgia, and their famili es in Georgia rook me in and treared me like fami ly. I lived in Tbilisi, the ca pical of the counrry with a million people. It is nes tled on th e sides of hi lls and was once considered a gem of a city, bur since the dem ise of rhe Soviet emp ire it has fa llen inro disrepai r. I stayed in a large, bea utifu l Soviet-e ra apartment thar a famil y rented fo r incom e th ey needed ro survive. I had a housekeeper from Mi nghrel ia (the western pan of Geo rgia) who was a wo nder ful cook. I went [0 work d aily in an office ch at was ill the cente r of th e city near the national museum , national th ea ter, and governm ent build ings. I got to work by walking several miles, or by taking ramshackle, Soviet-era taxis o r shabby, priva te minibuses. The traffi c was fr ightenin g. The sn ee rs we re in disrepa ir and full of cars. I had to be eternally


""',, , ,,'''a "" ,,' ,=, """, pedestrians. I feared that I would (0

get killed by a car running over me while I was Slanding on the sidewalk. I wo ndered how o lder, feeble people who could nor be alen eve ry second cou ld survive. Georgia is a small country bordered by the Caucuses on the north. with Russia, In g usheria. and C hcchnya on rhe other side of these mounrai ns. If is bo rdered o n rhe West by the Black Sea. the south by Turkey and th e cast by Armenia. I t is an unbeli evably bC3urifui country filled with mountains. It has a temperate climate and is hot in the summer. In rhe winter I was rhere. there was snow, but it was not severely cold and sprin g was lush and green. It is an anciem Christian country that seems like a cultural cross between Middle Eastern and European. I think it is unique and fasc in ati ng. The people are warm, fun loving. volati le, unbelievably hospitable. and anarchi c. They love to dance and sing. The food is delicious, the wine berter. The women are reputed to be and beaur iful and exotic looki ng. I n the winter everyone wore dark clmhing. But in th e sp ring, the women blossomed with colorful sundresses, headscarves, and sand als. A co mmo n joke and an anecdote illustrate traits 3nributed co Geo rgians. First the joke: an American tourist takes a taxi from the airport to his hotel. T he driver runs a red light. The American says, "Why did you run that red light?" The Georgian says, "Because I am a brave Georgian driver." They come ro a green light, and the Georgian driver srops. "Why did you StOp?" says the America n. "Because another brave Georgia n driver may be com ing the other way." The anecdote is rel ating what happened to m e. One day I was with a young Georgian lawyer in a cafe. We were speaking English. An elderly lady ca m e up and asked for money in Georgian . I gave her a small sum. She walked away and then returned, handing the co ins back to me. She said ro m y friend: "I am sorry to take her money because she is a guest in Ollr cou n try." With the collapse of the Soviet Union, Georgia beca me ind epe ndent but soon was gripped by civil war. Daily life was harsh and terrible until recently, with widespread depri va tio n. violence and poverty. Now there is more prospe rity, bur things are still very dire. There is little eco no mi c infrastructure. There are hardly any jobs except with for-

eigners, and people are either desperate o n one end of the spectrum or uneasy on the othe r. The new gove rnment of Michel Sakashvilli (who is an American-ed ucated lawyer) is not thar stable, an d there are questions and misgiving as to whether his majority party truly respects democratic ideals and the rule of law. Alcohol abuse and drug use amo ng the youn g are preva lent beca use oppor[ll nities for them are few. Let me tell you of my first glimpse of Georgian lawyers. And th is was to be typ ical of most encounrcrs with them. I had gone to work at (h e ABA office. There were two Ame ricans working there besides me and a staff of you ng Georgia n lawyers. That afternoon at 5 p.m. there was to be a meeting of so me of the leading lawyers in Tbilisi ro plan for the inaugural meeting for the new bar association. Edvarde Schevardnaze, when he was president in 1999, had signed a law provid ing for a nat ional bar associat ion for advocates. ro be formed by March 2005. (And so, when I gOt (here, time was running Ollt to do so.) The meetin g was around a big table. Twenry-five or so youn g men and women came in, all with cell phones that they pcompd y pu r d own o n rhe table in front of them. No one ca me on time. It soon beca me evid ent that a cell phon e call rook precedence over what was goi ng o n a( the meeting. No one ever declined to answer a ringing phone and carry on a conversation. (This would be true for every m eeti ng including (he inaugural bar association convention. This was (rue of judges o n the bench and lawyers in the courtroompho ne calls rook preced ence ove r what was going on in front of peop le.) There began a discussion of how a bar associatio n charter wo uld be written and rh en adopted. Soon, the majority of rh e lawyers we re arguing all at once at the top of their lungs. The lead er of one faction stalked

o ur, o nly (0 rerum. Women we re juSt" as voca l and vocifero us as the men. After an hour and a half, no conse nsus or decision had been reached o n anyth ing. This was the way alm os t every m eeting went, with the ABA finally threateni ng ro pull runding ror dl t: inaugural bar co nventio n if there wasn't progress made o n how the meeting wo uld be run , who wou ld pres ide. and how a charter would be written and adoprcd . During thi s tim e, travel ed arou nd the cO llmry with a dri ver, an old Mercedes, and a young Geo rgian lawyer to assist and interpret. I was interviewing judges. lawyers. and journalists for rhe assessm ent of th e legal syste m I was charged wirh preparing. I loved doing this. I learned that under the Soviet system , law was considered a very lowly profession. Now, this is changing, and lawyers a re gaining more respect. Because the country is so poor, very few lawyers can earll a living practicing this professio n, as no one has mo ney to pay them. Wid1 o ne o r two exceptio ns, law offices are primiti ve and barren. There are few compute rs. Pleadin gs are don e on ancient typew riters or hand written . Judges struggle ro be independ ent. The government through the prosecutors pretty much dictates how crim inal cases are ro be decided by the judges. In civil cases this is true if o ne of the parties has a co nn ectio n [0 some gove rnm ent official. Many, perhaps th e majority. of judges are women. Co urtroo ms and judges' chambers are modest. often shabby. In o ne provincial courtrOo m there was no electricity but the judges offe red me ho t tea and lots of delicious pastries. The wate r for (he tea was boiled over a coal srove.

Bertin:t Brownsre in is :t p:utn er w ith Wright, Lindsey. & Jen nings LLI~ where she has practiced since 1985. She enjoys travelin g and lea rnin g new languages. She was awarded the Outstanding La wye r Hum a nit arian Award by the Association and Arkansas Bar Foundation in 2006 fo r her work in Geo rgia.

Vol. 41 No. 4/ Fall 2006 The Arbns"s Lawye r


was likely (0 charge $ 100 per signature per d ocumem . And nothing was official unless it had a SEAL. Every invoice, shipping docum enr, receipt, and payment document had (0 have so meon c's o ffici al seal. No food prod uct could be imponed unl ess it had an o fficial inspectio n cenifi care and seal. O ur fi rst co m ain er of Ya rnell's ice cream was sto pped at cus(Oms beca use it d id not contain the certifi cate and seal o f the US Ministry o f Ice C rea m. Sin ce th e US govern ment d id not iss ue q uality cenifi cates o n ice crea m we were faced with mon ths of del ay while the US and Russ ian bu reaucrats co uld negm iate an ice cream treary. We reso lved the co ntroversy by creating an "offi cia l" cenifi ca te and seal signed by "Elsie Bo rden ." FREEDOM. A Russia n fr iend (Old me rece ntl y, "You America ns make toO m uch of freed om ." She th ought secu rity was more im po rranr. Many basic freedo ms grew in

Russi. afrer 1985: Freedom of Speech; Freedo m of the Press; Freed om of Rel igio n; Freedo m of Travel; Freedo m of Ownersh ip; th ese simply d id not ex ist 20 yea rs ago. In 1990 as I was di n in g in the US Embassy with the head o f securi ry, he received a call that a yo ung Russ ian had jumped the fence inro th e Embassy Compo und . H e to ld me the procedure was fo r the Marin es to escon the Russian throu gh the main gate into the wa iting arms o f the Mil itia, who wo uld seve rely beat him and th row him in jail. No mh er result was possible, I was £o ld , or tho usa nd s would follow h im. In August of 199 1 my dri ve r LOok ofT wo rk a few days and s(Ood in fro nt of the ta n ks ai med at the Russia n Wh ite House behi nd him beca use he said he did nOt wa nt his ch ildren to grow

up u nd er a totali ta rian regime as he had. Freed o m can not be undetestim ated. Russia d emo nstrated that Freedom withour law leads to chaos in sociery. T he greatest success and rewards in business went to th e mos t crim inal , rather than rhe most effi cienr. Recently, Pres idenr Putin has reduced the chaos and b ro ught sociery under mo re co nt ro l, but at the costl y price of restrictin g Freedo ms th at ex isted und er Pres idem Yel tsin. A whi le ago a Russian wa itress told me she had just comp leted a short cou rse about America n busin ess and lea rned fo ur thin gs: • You must have defini te cl ear goals. • Yo u musr wo rk very hard and never, eve r give lip. • You m us t be happy. • And , if you d o these th ings. YO ll are likely to reach your goals. I told her that was the Am erican Dream . T ha[ no man er where you Cl me from o r who your parems were, yo u could improve your standard of livin g if you work hard and smart. It is a Dream that most people in the wo rl d think is un attainable. Bur th is Drea m provid es hope fo r people and. with it , imp rovi ng standards o f living, po litical stabili ty and securi ty. It is a D rea m that is founded o n a wo rkable legal system. L EGAL D EVELOPMENT IN AM ERI CA. It is easy to be smug as we th ink of th e situ atio ns ex perienced in Russia. \'(Ii th more reRectio n we m ight remember Ollr own history: the robber barons, inca rce rati o n of Japan eseAmerica ns, the criminaliry of pro m inelH leaders and rcs trictcd freedo m based o n race, sex and other characteristics unrelated to abi liry. Perhaps the legal system is not qui te perfect ye t in the US: W hy d oes it take a

yea r fo r a business di sp Ule ro be reso lved i n coun? Why can a Member of Co ng ress solicit money? W hy a re ill ega l dru gs readil y ava ilab le? W hy did o u r governmen t vi o la te rh e Geneva Con vemi o ns? W hy docs th e law sometim es affo rd rhe least prmecrio n t o those in rhe grear~ r need ? CoMMUNICATION H AS MADE T H E W ORLD

In 1990 it would cake ho urs to boo k a call ro the US. Now, calls and emails can b e rece ived o n a Blac kberry whil e w alkin g down the streets of Moscow as if one w ere in Little Rock. Arkansas banks' credit cards miraculously wo rk in any restauran t in t h e wo rld . Bur thi s Rarness has no t yet co m e to the world 's legal systems. and in m a n y respects we sti ll ope rate as we did ce nturi es ago. Wal ls exist which do n' t aid co mm erce, bur p rotect rhe ineffi cient. W hy must law s regulati ng those emails and cred it ca rd s b e different in eve ry co untry, and wh y mus t companies have diffe rent counsel in every coun try and sta te? \Vhere is the effic iency in the 19 th ce ntu ry paper filin g system in Arka nsas? So, we can't be too smug whil e watchi ng the Russians d evel o p th e ir legal sys tem; th ere is plenty left fo r us to d o here. Laz ily and wi th a stro ng dose o f America n arrogan ce, I d id nOt register with the M oscow Militia du ri ng a recem trip as eve ry fo reigner must do. I was certain I wo uld no t be caught , and I objected ro th e registratio n requ irem ent. Bur as I stepped o ut of [he ca r at the a irpo rt fo r my trip back to the US, I was greered by two officers as king fo r my docume nts. Soon, th ey invited me in to the b3cksc~H or thei r ca r. They ex pla in ed I was in a lot of tro ub le and it Russian Lessons continued on page 3 1 FLAT.

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that," Plasliras sa id. "Even when d iems ha ve very substantial George Plasliras, Attonley at Law asseLS, the Foundation is a good, inexpensive way to accomplish their wishes. " Arkansas Community Foundation can help your cl ients secure the maximum tax deduction, involve family members, focus on grantmaking and obtain visibility or anonymity, as desired. As the only statewide community foundmion in Arkansas, the Foundation preserves and protects individual and corporare investments and cha ritable intentions forever through the power

George . Plastiras with the Plastiras Law Firm in Little Rock believes the Arkansas Community Foundation is a good way to accompHsh his clients' charitabl e giving wishes. "Without question, having a Community Foundation is important," Plastiras said. "It has enriched the state of Arkansas as a device to accomplish what people want. The services are economical, efficient and community-based."

Plastiras said the ARCF staff a nswers questions and makes an effort to give clients

exactl y what they wanl. Staff membe rs trave l LO where clients live, and they ha ve made a lot of friends across the state. He observed that some

of endowments. For more information on partnerin g with the Arkansas Community Foundation, contact

Heather Eason at 501 -372-111 6 o r visit

people go to the Community Fo undatio n who

I"ARCF ARKANSAS COMMUNITY FOUNDATION 700 SOllTH ROCK ST . â&#x20AC;˘ LITTI.E ROCK . AR 72202 â&#x20AC;˘ www .ard .<lrg

minded group



msfrost. co m or 50 1. 376.924 1

The Ark'1Ilsas Bar A\so<':IJtion is proud to recognize the f'ina recipients of the LAWYER CoMMUN ITY LEGACY AWARD. Two awards are preselHed bi-annually by the Associ.uion to 3norncys and judg~s who have performed outstanding volunteer public services out of a sense of duty. professionalism, and a genuine desire [Q give hack to the community. Recipients were selected by the Public Information Committee JftCf considering the nominations received by the deadline.

run-1I0NY A. (TONY) H'l.l.'ARD




lony Hilliard has choo;;en ro live in a manner that deeply enriches

Margarer Reger has spent her cmire legal cueer defending equal

the lives of those .uound him. His dedication and commitment

access to justice. She spend\ each day fighting for the legal righrs of


his community is evident by his astounding list of civic, rdi-

[hose individuaJs who ClIlnQ[ afford an .morney. Worlcing as a

giom and non-profit volunteer activiries. He many hars as <l

leader in his community, serving .1S


of rhe West

Legal Services Attorney for rhe pa.'it 28 years, Margaret has worked hard to provide an even playing field for her clients, including vic-

Pine Bluff Rotary Club, on the Board of Direcrors of the

tims of domestic violence. individuab with substance abuse prob-

Sourhea\t Arkan~c; Arts and Science Cemer. and helping sran

lems, and parents who have Imr their children to State cusrody. She

the Acadt.:mics Plus Chaner School


Maumelle where he served

hJS fouglu ro keep rhe d("", of rhe l.egal Services offices open

JS its first president. Tony al!>o is a leader in our ASSOCiation,

amid funding crises while managing her ever-increasing cascload.

induding serving on the Board of Governors. House of Delegates

fu It:ad coumel and often as thl: on I)' wun-.el for [he Harrison Office of the Lc.:gal Aid of Arkal1\;l\, ~he scrves as a role model for other lawyc~ by reaching thcm to vigorously dcfend those in their

and .1


the Immediart' Past eh'lir of rhe Tax Section. As the son of

Mcrhodist minister ,lI1d the spouse of one as well, his strong

f..1ith keeps him acrively involved with various church activities.

community in critical need of legaJ hl'lp. 011 fOp of meeting the

lie is a certified lay speaker. a member of the Emmaus

Ilumerous demands of her job, Margare[ is a member of the Civil

Community. Chair of the

Air Patcol, 3rtends rhe Batavia As~embl}' of God in Harrison. and


Eagle Christian Retreat Center,

ami a former chair of the Linle Rock Conference United

volunreers wirh the Humane Society. (he Unitcd Way and Arkansas

Mcthodist Committee on Equirable Salaries. On the localleve-1.

VolulHeers for rhe Elderly. (ler relendes.\ pursuit of equal access to

'Iimy serves as chOir direcror and youch Sunday school teacher ar

justice has nor gone unnoticed hy those whose lives she has affecred

Carr Memorial Methodist Church. Tony


selfless com-

mitment to his community and [he legal profession makes him

in her ..:ommunity and J

shining example oLl lawyer who improves the honor and inregri-


rh;.H she works with on a daily basis.

Margarer Reger is a lawyer who tircles.dy works to advance the aoministr.uion of jusrice in her cOlllmunity of Harrison.

ry of rhe legal profession.

Ally persoll may flom;,ulfe a lawyer or judge by completing the Nomillatioll Form and turlli1lg the Form into the Arkansas Bm' Associatio1l office 011 or hefore the nomiuatioll delldline. Nomi"ation deadlines are january 31st and july 31st of each yem~ NomiNation Jonlls 'lIId guidelbus for the alvaI'd are Ilvailnble at 1U1U1U.fll'kbfll'.com or by contactiug the Association.

Vol. 41 NO. 4. r"Ii 2006 The Arbn,", '"\\)"cr


Arkansas Suprcmc Court Historical


Noteworthy Arkansas Jurists: Supreme Court Justices Who Also Served As Governor By Logan Scott Stafford


he governo rs of Arkansas have co me from a va ri ety of backgrounds. Many have served in the General Assembly, some have held other executive branch offices, and a few have been elected to the stare's [OP office with no significant po li tical experience. Nmough me judicial bran ch has not bee n a tradi tio nal traini ng ground for chief executive of the st3te, me bench of Arkansas has man aged to produce a fair number of the state's fo rry- fo ur gove rnors. Al though severa] have tried, o nly one si tring justice of the Arkansas Supreme Court has been elected governo r. Hen ry M . Recto r was a Li ttle Rock attorney with large land holdings who served [VoIO terms in the state senate during the 1850's rep resentin g Perry and Pulaski Coun ties. In 1859, wim m e backing of the Johnso n-Co nway-Sevier "Family" [hat contro ll ed antebellum politi cs in Arkansas, the General Assembly elected Reccoc to the sup reme co urt. T he following year oppo nents of the Family persuaded Recmc [0 run againS[ Ro bert H . Johnson. the Family's nominee fo r governor. Rector's ca nd idacy proved to be a magnet fo r antiFamily voters, and in the 1860 general e1ecrion he defea ted Johnson by a slim margin . W hen the secession conventio n met in May 186 1 and adopted a new sta te consticU[ion, Recto r's opponents managed co sneak a provisio n inca the consd rutio n that cut twO yea rs off th e fo ur year term co which Rector had been elected . See Danky and Johnson, '" part<, 24 Ark. 2 (1 862). In me 1862 general electi on Recto r was defeated by Harris Fl ;:1 na gin, a C onfederate offi ce r se rving east of the Mississippi . Rector never agai n held a major polirical office in Arkansas, al mough his son, Elias W. Rector, unsuccessfully challenged incumben r Governor Jeff Davis in rhe 1902 Democraric primary. Simon P. Hughes served as born governor and supreme coun justice, bu t his two terms 26

n,e Arkansas Lawyer

This article is provided by the Arkansas Supreme Court Historical Society. Inc. For more information on the Society contact Rod Miller. Arkansas Supreme Court Historical Society. Justice 8uilding. Suite 1500. 625 Marshall Street. Little Rock. Arkansas 72201; Email:; Phone: 501-682-6879.

as chief executive came before his twO terms on the coure. Hughes was an orph an who had li ved in Tenn essee and Texas before setcling in Mo nroe Coun ry in 1849. O nly fo ur years after moving to Monroe Coumy he was elected sheriff of the co un ty. He studied law whi le se rving as sheri ff and was admitted to the bar in 1857. When th e C ivil War broke OUt, he joined the Confederate Army, ini tially serving with an Arkansas infanrry regimem and later with a Texas cavalry un it. He was elected to the Arkansas legislature in 1866, bur beca use he had taken an oam of allegiance co the Unired States when he became sheriff and afterward suppon ed the onfederacy, Hughes was barred from VO[ing o r ho ldin g poli tical o ffi ce by the Constitution of 1868. When the Democrats rega ined power in 1874, Hughes was me successful Democratic nominee fo r attorney general. In 1876 he fi rst sought the governor's office bur was defeated. He made a second attempt eight years later, and this time he was successful. Hughes served as gove rno r from 1885 to 1889. Nthough considered by most to have been a co mperem chief executive, the Democrats declined to nominate Hughes for a third term . Despite his rejectio n by fellow Democrats. Hughes campaigned hard during th e 1888 general election for th e Democratic gubern acorial nominee, James P. Eagle. T he Constitutio n of 1874 allowed me General Assembly to increase th e number of supreme court justices from three to five when the state's populatio n reached one million. The 1889 General Assembly exercised its power to expand the court, and at a special election held in April 1889 Hughes was elected to an eight year term on the court. In 1896 vO[ers gave him a second eight year rerm, bu t he retired fro m the court in 1904 and died twO years later at his Little Rock home. Elisha Baxter was elected both justice of the supreme co un and govern or, bur un like

Rector or Hughes, Bax ter never served in bO[h positions. When Unionists in north Arkansas formed a loyalist state government in 1864, Bax ter was elected justi ce of the supreme court. Shonly thereafter, however, me General Assembly elected Baxter to represem the state in the United States Senate, and he never took his seat on the high co urt. In 1872 Bax ter was elected governor as a Repu blican, an event that larer led to the Brooks-Bax ter War. His four year term as gove rnor was cut shorr by the adoption of the Constitu tion of 1874. At leas t two other sup reme court justi ces have attempted to become governor. O ne of the best known efforts ca me in 1904, when sitting Justice Ca rroll Wood [Ook on incum bent Governor Jeff Davis, who was seeki ng an un precedented third term as chief executive. Wood and Davis were poli tical enemies whose animosity toward each other was exacerbated after Wood served on a commi ttee that ejected Davis from Lirtle Rock's Second Baptise C hurch fo r consuming alcohol. As the two canvassed the state together, their confronta tions became physical on more than one occasion. Davis ul timately defea ted Wood, who continued to serve on m e hi gh co urt until 1929. Wood's 36-year tenure on the court remains one of the longest in its history. Another supreme coun justice who ran for governor was Jim Johnso n. Johnson served on the high co ure from 1959 un til 1966. In April 1966, sho rcly after incumbent Governor Orval Faubus announced he wou ld nor seek reelecti on to a seventh term, Johnson resigned from the court to enter th e Democrati c primary for governor. Johnson wo n the prim ary nom ination, but he lost the ge neral electio n to Winth ro p Rockefeller, who became th e first Republican since Baxter to be elected chief executive. _


Fall 2006 &: Spring 2007 CLE Calendar November 30 LEGISLATIVE ADvOCACY

UALR Bowen School of Law Lirtle Rock Novem ber 30 - December 1 TAX LAw INSTITUTE


Double Tree Lirde Rock December 1 FEDERAL PRACfICE INSTITUTE

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Peabody Horel. Memphis. TN February 15- 16. 2007 CoNSTRUcnON INDUSTRY CoNFERENCE

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Eureka Springs. AR June 6-9. 2007 ANNUAL MEETING

Hor Springs. AR

New Corporate & In-House Counsel Section go to for information and registration form Vol. 41 No. 4/ Fall 2006

TIle Arkansas lawyer



~~::J Arkansas Bar Association

presents these exciting spring trips in 2007

ITALIAN FAVORITES - ROME & FLORENCE March 3 - 11 & March 17 - 25 $1,899 Ilcr person. double occupancy (Plus taxes) The "Eternal City" of Rome , one of the greatest centers of western civiUL1tio n, and Florence, the undisputed artistic and cultural capital of Europe , will ca ptivate and delight you. Marvel at Rome's ancient monuments including the magnificent Colosseum, the Roman Forum and the

P;:lntheo n. The beautiful city of Flo rence is a living museum dedicated to th e glories of the Renaissance, with architectural treasures around virtually every corner. The colorful cathedral with its dome and elegant campaniJe piercing the S ~l' and the famous Po nte Vecchio Bridge arc just a few of its famous landmarks.

Optional excursions available: Rome and Vatica", City, Pompeii, Highligbts of Floren.ce, and Pisa and Lucca.

PARIS AND LONDON VIA THE EUROSTAR Man/) 30 - April 7 $2,199 Per person, double occupancy (plus ta.'\':es) Experience two of Europe's most magnificent capitals, Paris and London. Known as the "City of Light," Paris is one of the most romantic, exCiting and diverse cities in the world with its abundance of famous monuments, museums, street cafes, colorful markets, and hatlle couture shops. Exciting London is one of the friendliest big cities in the world, overflowing with culture and history and offering regal historic sites. world-dass museums, outstanding th eater and mUSi C, and a live ly array of shops and restaurants.

Optional e::\"cursiOIlS available: Paris City and Montmartre, The Louvre Museum, Versaiffes, Giverny and Monet 's HOllse, \Vest End ami City of Londoll, \vindsor Cast/e, and Stratford and Ox/o rt/.

TREASURES OF CHINA AND YANGTZE RIVER CRUISE April 19 - May 1 & May 24 - J"tle 5 Fro", $3,299 Per person, double occupancy (plus laxes) Explore the 'Magical F..1St ,' a land of tradition, ancient treasures, and inftnite variety. Visit Shanghai, China's largest city and Beijing, its capil:ll for most of the last seven centuries and home to the spectac ular Forbidden City,Tiananmen Square, and the magnificent Great \Villl . Tour historic Ki 'an and the am3zingTerracotta Warriors of the Qin dynasty. Marvel at the sheer beauty of the spectacularlltree Gorges and the wo rld 's largest dam project, as you cruise the mighty Yangtze River.

Available to members, their families and friends.


For additional information contact




8000 West 78" Street, Suite 345' Minneapolis, MN 55439-2538 (952) 9t8-8950 or 1-800-842-9023 FAX (952) 918-8975

28 TIle Arkansas l a,,\:ycr

TH E RICHARD SHEPPARD ARNOLD UNITED STATES COURT HO USE: NEW CONSTRUCTION, NEW T ECHNO LOGY by Tam my Downs Anyo ne who has d riven o n Capirol Street in Littl e Rock recently has un doubtedly noeiced the massive construction project for (he build ing an nex to [he Richard Sheppard Arn o ld United Scares Co ur tho use. T he expansion of the fed eral court fac ili ties is an excitin g and necessa ry develop menr fo r the court an d the legal co mm un ity, and the new strucrure is certain co be a parr of [he city's d own tow n architecture fo r decades to come. Equally exciting is th e devel opment and

growth of techn ology that is occurring inside the courthouse. These advances are already making a hi stori cal impact o n federclerk's office m oves rowa rd a paperless o ffi ce. O n July I , 2005, the U.S. DiStric, Court for the Eas tern District of Arkansas implemen ted the federal judiciary's electro nic case as Case filin g sys tem kn ow n M anageme n t/Electro ni c Case: Fi les (CM/EC F).' T his system allows atto rneys ro file, receive, and se rve documen ts electroni cally. In add itio n, it provides the coun wim th e mea ns to establish and m ai ntain an e1 ectTo ni c case fi le, t he co u n 's o ffi cial reco rd , by au tho rity o f Genera l O rder N umber 53. Paper d ockets have become a thin g of the past, and paper files are nOt fa r beh ind. An y no n-sealed d ocument rece ived by the co urt is sca nn ed into an image fi le and docke,ed in ,he C M /ECF case file, and that image becom es the co urt's o fficial reco rd . Recently, the Administrative Office of th e U.S. Courts autho rized th e des truction o f pape r fi les, and wh ile the clerk's o ffice is proceed ing wit h ca uti o n, it is simply a matte r of time umil the office will beco me "paperless." T he Eastern Disrri cr o f Arkan sas does nm ye t require el ectron ic fi lin g; however, it does reques t that docum ents be submi tted e1ec-

al co urt o perati o ns as


rro nicaIl y. 2 Approx im ately 2,735 attorneys have registe red for CM/ECF in m e Eas tern District. and the court esti mates that 60 percent of no n-case-i niti ating documen tS are bei ng fi led el ectroni cal ly by atto rneys. T hese percentages cont inu e ro increase ll1 omhly. whi ch may be 3nrib uted ro the benefits o f o n-line filin g-co nveni ence. effic iency, reduced cos r, instant not ifi ca ti on of co urt fili ngs, and 24- hou r instant access to the clerk's office. The clerk's office co ntinu es to stri ve ro maintain accu rate and co ncise dockets in th e era of el ect ro ni c fi li ng by reviewing all docu ments fo r co mpliance with the fi ling standards se' forth in the federal and loca l ru les as well as fo r clarity and accuracy in docketing. With few exceptions, attorneys and their staff have used the sys tem to a h igh level of success. Most fili ng errors are attributed to careless m istakes (e.g.â&#x20AC;˘ fai lure to electro nically sign a docume nr . fai lu re to in cl ude a cenifi cate of m ailing, and f..1 il ure to com ply with the Co un Admin istrati ve Policies and Procedures.) T here are relatively few erro rs th at rel ate ro the use of C M /EC E Ove rwhel min gly, members o f th e bar have respo nded posi[iveiy 10 C M / EC F and its benefi ts an d are begi nning to reques t expanded on-line privileges such as rhe ability ro open cases, add panies, and subm it filing fees el ectronically. The coun is reviewi ng each of these o pti ons and anticipates makin g them ava ilable to atro rneys in the near future. C urrently. the Co uff is working o n imp lementing an upgrade 10 C M /EC F, which will all ow atto rneys more flexibiliry in setti ng up use r accounts. Under the current sys tem , an an o rn ey can des ignate one o r mo re secondary e- mail addresses to receive co pies o f all electro n ic filin g notices in h is/ her cases. In the upgraded ve rsion, atto rneys wi ll have the o ptio n o f identifYi ng seco nda ry e- mail acco unts o n a case-by-case basis. Adva nces and upgrades such as this will co ntinue {Q improve CM /EC F so that it meets the needs of attorneys and the court. The courtroo ms themselves are also me be neficia ries of advan ces in technology. In the ex isting building, the court has (\,"0 courtrooms with perm anently installed evidence p rese ntari o n sys tems, incl udin g bui ltin video co nference ca pabilities. In these co urtroo ms th e judge. witness, indi vidual juro rs and arro rneys all have access to flarscreen monirors fo r viewing evid enceincl udi ng (bU[ ce rrainly nor lim ited ro) documcnts, depos itio n videos, an imations, and

li ve video (estimo ny. T he coun sel tables are equipped with a "'plug and play" system , so that anorncys can access th e court mo ni tO rs th rough their personal laptop co mputers. T he judge controls th e viewing access from the bench, making the dccisio n as co who ca n see the evidence and when. The new building annex wi ll incl ude seven additional courtrooms that will be full y-equipped wi m ev id ence p resenrario n sys tems. Judges plan co begin moving inro the annex as early as October 2006. so these new couru ooms should be ready ro use withi n the com ing mo nths. T he co un co ntinues to research new ways ro adva nce the current system , incl uding techn ological innova tions that will inco rpora te the courtroo m p roceedi ngs with C M /EC F- such as electro nic pen pads for party signatures and image vers ions of Court transc ripts. T hese tech nological developmen tS wi ll further the efficie ncy of the co urt 'S reco rds management sys tem and beneR, members o r , he bar. Leo nidas Ral ph fo rmer Directo r of th e Mecham, Adm ini strative O ffi ce of the United States C ourts. may have Sli mmed it up best when he sta,ed , "CM /EC F has fo,ever changed th e way fed eral courtS conduct business and the way the public accesses court reco rds. It will go down in h isrory as one o f the more sign ifica nt milesro nes in federal court operations. "3

Tammy Downs is a civil docket clerk for the U.S. District Court fo r the wtenl District of Arkansas, wbere olle of ber primary duties is to traill alld provide assistllILCe to members of tbe bar aud tbeir support staff witb tbe Court's electronic cnse fil;'lg system. U. S. District Court, Enstent District of ArkallSas

T he Western District of Arkansas im plemented CM/ECF on AuguSt I , 2005. Nationwide, 89 of (he 94 district courts are using the CM/ECF system. 2 The cOlin docs require mand3rory electronic fi lin g in the pendi ng Prempo p rod uct liabili ry actions (lead case num ber 4:03-cv- 1507) as ordered by Judge Wi lliam R. W ilson on Septembe r 19,2005. 3 Federa l Court Manage menc Repo n , Dec.


Vol. 41No. 4/ Fall 2006

n,e Arkansas lllwycr


WRIGHT, LINDSEY & JENNINGS LLP AlTORNEYS AT LAW Is P leased To Present OW' New Associates an d

of Cowl se l Attorney


David P . Glove1' (Bus illc;;s Liligil ti o ll / Illsurilll ce Defense, fl lld Medi cal Malpr.,clice Defense)

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Russian Lessons continued from page 22

wo uld take days co stra ighten if our. Bur one offered a solutio n: I could pay a $500 fi ne in cash to th em and eve ryth ing would be O K. I refused. So they again explained mat I was in deep trouble and they were abour [Q take me CO a place which had no co ncierge. After abour 30 minures, I proposed a comp romise: I wo uld pay a $ 100 fi ne in cash or they co uld take me to jail. Big smiles imm ediately appea red on their faces as they gladly collected ,he fine. O ne stuck our his hand and said : "Am ericans and Russ ians are grea t friends. " Maybe. bu r at leas t we have lea rn ed about justice. _

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Vol. 41No. 4/ Fall 2006

TIle Arkansas Law)'er


Lawyer Disciplin;'lIY Actions Final actions from July 1,2006, through

radl er than mai nraining them in his rcust

September 30, 2006, by the Committee on Professional Conduct. Summaries

account as directed by the Probate Court of

prepared by the Office of Professional Conduct. Full t ext documents are avail-

able on-line at! cpc. html. [Note: " Model" Rules refers to the Rules

of Professional Co nduct as they existed in Arkansas prior to May 1, 2005. "Arkansas" Rules refers to the Rules as they exist in Arkansas from May 1, 2005.1

PAUL E. REVELS , Bar No. 91110, formerly of DeQueen , was di sbarred by Per Curiam Order of th e Arkansas Supreme Co urt o n September 7, 2006, in No. 051408 . The Order of Disbarment was based

the surrender and removed him from the

Sevier Counry, Arkansas. Ms. Goode, a minor, was kill ed in an aummobile accident, Mr. Revels reprc:scnrcd her estate. The set-

registry of licensed Arkansas anorneys, in lieu of Co mmittee di sciplinary proceedings

tlement funds were deposited in his truSt acco unt. Paymenrs were made [Q the mmh-

crimin al maner.

that would ari se from his involveme nt in a

er of the min o r child and ro Mr. Revels fo r 3crorneys fees, in accordance with orders of


th e probate co urt. Over $38.000 was to be held until the father of the deceased minor co uld be located. At about the time of his sllspensio n fro m the practice of law o n December 28, 2004, in another Comminee case, Mr. Revels removed all of [he funds in


Court, in No. 06-1084, by Per Curiam Order filed September 28, 2006, accepted

his trUSt account, includin g the fund s belo nging to the Estate of Jam ilyn Goode. and relocated to Texas. There were no orders of the Probate Court allowing him to remove the funds.

W ILLIAM SCOTr DAVIDSON, Bar No. 8 1044, of Jo nesbo ro, had his law license and privilege to practice law suspended for one (I) month, effective Novem ber I , 2006, and was fined $ 1,500 and ordered to pay $709 restitutio n by Comm ittee Findings and Order filed August 29, 2006, in Case No. CPC 2005-085, after a public hearing, on a complaint filed by Glenda Tippitt for violations of Model Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 1.1 6(d), 3.4(c), 5.5(a), and 8.4(d).


On August 10, 2004, Ms. Tippitt of Jo nesboro hired M r. Davidson to file a


on a Petirio n for Defa ult filed by the Office

se rved with [he Petition for Disbarment,

84077. of Fort Smith. petiti oned


C hapter 7 bankru ptcy action for her and paid him th e fu ll $709.00 legal fee and fil -

indi cated his desire co su rrender his law

der his Arkansas law license. The Supreme Cou rt, in No. 06- 1012, by Per Curiam

ing fee he requested for the representation. She filled out th e forms he offered her at hi s

O rd er filed September 28, 2006, accepted the surrend er and removed him from the

office. He never filed any bankruptcy for

of Profess ional Co ndu ct. Mr. Revels was

license bur failed (Q sub mit the app ropriate pleadings to do so and fai led to file an Answer ro the Petitio n for Disbarmem. T he disbarmenr was based upon violation of Model Rules 1.1 5(a), 1.15(a)(I), 3.4(c), 8.4(b), and 8.4(c) of the Arkansas Model Rules of Professional

o nduct. The Petition


registry of licensed Arkansas attorneys, in lieu of Comminee disciplinary proceedings that have been. or would be. fi led arising from multipl e d iem complaints.

and artached exh ib its on file with the C lerk

of the Arkansas Su preme Court demonstrate that Mr. Revels co nve rted funds of the Estate of Jamil yn Goode for his own use,

J ERRY H UDS N SH EPARD, Sar No. 97094. of H arriso n, petiri oned to surrend er hi s Arkansas law lice nse. The Su preme

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It ich:lrd L. Schwarlz


Schwartz & Associales, C PA s 11 5 10 Fairview Hoad, Suite 100 Little Hock, 72'1 12-24<1-5 (501 ) 2'1 1-9900, (501) ~21-9292 fax

her. She contacted his office repeatedly asking for status reports but got no information. She wrote him August 12, 2005. askin g him for the return of her $709.00 so she co uld employ another ano rn ey to file her bankruptcy. She did not hear from him and received no refu nd. She employed Jeanette Robertso n of Jo nesboro on August 23. 2005, and paid her o nly the $230 filing fee. On the same day Ms. Robertson filed her C hap ter 7 as No. 05-bk-209 16. Ms. Tippitt was g ram ed a di scharge by order filed November 23, 2005. Ms. Robertson did not charge Ms. TIppitt a fee for her legal services in view of the experience Ms. Tippitt had earlier. On September 19, 2005. M s. lippitt filed a complaint against Mr. Davidson with the Comm ittee. O n October 24, 2005, the Office of Professional Co ndu ct (OPC) wrote him about the co mplaint. He did nOt respond to OPC or Ms. Tippitt as a result of that Ictter. He had nO[ paid hi s annua l


La~ycr DiS(iplill~lI)' Actions Supreme

ourt law lice nse fees sin ce

February 28. 2002. He practiced law in the years 2003, 2004 and 2005 without paying his required law li cense fec, conduct co nstituting rhe unauthorized practice of law in

Arkansas. His Arkansas law license was a U[Qmarically administratively suspended March 2, 2003, for failure [0 pay his 2003 license fee and remained so suspended until at least

November 29, 2005, [he date of Ms. Parks' affidavit. Mr. Davidson made a $709 refund to Ms. Tippitt before the Commiuce's decision.

LORJ A. MOSBY, Bar No. 940 16, of Little Rock, had her law license and privilege to practice law suspended for twelve ( 12)

months by Committee Findings and Order fi led August 18, 2006, in Case No. CPC 2005-085, on a complaint filed by Kenny Woods for violations of Model Rules 1.2(a), 1.3, 1.4(c), 1.5(c), 1.1 5(a), I. 15(b), 1.1 5(c). and 8.4(c). Mr. Woods contacted Ms. Mosby after his first atrorney decided ro no longer represent him in his pending marrero Mr. Woods saw Ms. Mosby's ad in the Yellow Pages and selected her law firm because of the Christian symbol in her advertisement. The original fee agreemem was for Ms. Mosby [0 receive 40% of the [Otal recovery she was ab le to secure. According co the contract, Ms. Mosby would be responsible for the costs until such tim e as she would receive them back when the matter was settled or recovery received. On May 12, 2003, Ms. Mosby filed a lawsuit for Mr. Woods against Tonya A. Harvey and William D. Powell. During April 2004 , Ms. Mosby setrled with Tonya Harvey for $2,000. At the time of settlement, Ms. Mosby advised Mr. Woods that ,he check should be at her office within a few days . Ms. Mosby never scm Mr. Woods wrirren notice that the check had been received by her in her office. Despite the fee being contingent in nature, there was never a setd ement sheet provided to Mr. Woods demonstrating where the $2000 was paid or to whom. In June 2004, Ms. Mosby advised Mr. Woods that she needed to change th eir orig-

inal fee agreement. She tO ld Mr. Woods (har she needed to hire another arrorney to assisr her with lhe marrero Based on this need, she convinced Mr. Woods rhat she needed to in crease her perce mage of recovery from 40% to 45%. The decision ar the jury trial on the claim agai nst Mr. Powell was a defendanr's verdier. During November 2004 when Ms. Mosby and Mr. Woods were discussing an extension of time for an appeal of the unfavorable jury decision, Mr. Woods questioned her about the $2,000 check. Ms. Mosby told Mr. Woods ,hat she had not cashed a check with his name on it. On September 24, 2004, Ms. Mosby wrote to Beth Kremers, the Court Reponer, and advised Ms. Kremers that she, Ms. Mosby, would be responsib le for all COStS associated with th e

appeal. Almost a month later, Ms. Mosby sent Mr. Woods a letter advising him that he needed to send $2,200 to the Court Reporter for the cost of the transcript. Mr. Woods ultimately contacted AIG Claims, the insu rance company for Tonya

Harvey, on December I, 2004, and lea rned that [he $2,000 check had been issued in April 2004 and was sent directly to the Mosby Law Firm. Mr. Woods then requested and received a co py of the check. The check was endorsed with Mr. Woods's name on it. Mr. Woods advised that he did not authorize Ms. Mosby or anyone else to sign his name to the check. When Mr. Woods called Ms. Mosby to check on the status of the appeal , he was info rmed that the requesr for extension of time to pursue the appeal had been denied and that he would not be afforded the opportuni ty of an appeal of the adverse decision. Ms. Mosby also indicated [hat she used the $2,000 tOward [he [housands of dollars she had spent on Mr. Woods's legal matter. The problem with the appeal was th e failure to pay for the transcript. According to Mr. Woods, the fee contract originally had Ms. Mosby payi ng the costs and then recovering them after sertlement or judgment. Ms. Mosby later prepared a documem for Mr. Woods [0 sign which required that he pay for 50% of th e

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Vol. 41 NoAI Fall 2006

TIle Arkansas lawyer


La\o\Yer Disciplinary Actions costs. MARK E. VELASQUEZ. Bar No. 98 149. of Fayetteville. had his law license and privilege ro practice law suspended for [hircy (30) days. effective September 30. 2006.

agreed to and was o rdered to pay $5.547.27 restitution (s ince paid), and was assessed $400 in costs by Comminee Co nscm Findings and Order filed September 29. 2006. in Case No. CPC 2006-054. on a


Mary Schneider â&#x20AC;˘ jack Bell â&#x20AC;˘ Sid McCollum SEATED

john jennings



ISO I North University Ave .. Prospect Building. Suite 420. LIttle Rock, AR 72207 501-376-2121 1I16South Walton Blvd .. Suite II I. P.O. Box 1826. Bentonville. AR 72712 479-271-2237 404 North Seventh Street. P.O. Box 8064. fort Smith. AR 72902 479-783- 1776 State Line Plaza, Box 8030, Suite Six. Texarkana. AR 71854

870-772-07 18

34 nle Arkansas la"ycr


complai nr fil ed by Carolyn Young for violatio ns of Model Rul es 1.15(a) and 1.1 5(a)(I). On December 2. 2004. Farmers Insurance se nt Mr. Velasquez a $ 15.000 check in scnlelll t:1Il or Ms. Young's claim. T he payees lisred on the check were Surratt Therapy Services. SCOtt Van W ilpe. D.C .. Med ic:Ud. Carol Young and Mr. Velasquez. Mr. Velasquez deposited the check on D ecember 9. 2004. into his 10LTA trust acco um. O n that same dare, he wrote a check payable for the arbitration cOSts, whi ch check was paid by hi s bank on January 4. 2005. Mr. Velasquez wrote a check to Dr. Scon Van Wilpe o n December 22. 2004. whidl was paid by his bank o n D ece mber 24 , 2004. T hese checks :l re reAected on :t serrlement sta tement provided to the Office of Professio nal o nduct upo n request of the Execu ti ve Director in November 2005. There are no dlecks fro m M r. Vel asqu ez' trust aCCOUtl[ during that period of time for the specific amounrs shown o n the settiemem sheet as owing for attorney's fees and costs. The monthly bank statem enr for the period November 30, 2004. th rough December 30. 2004. co nfirms the depos it of the $ 15.000 check. Pursuant to the settlement statement Mr. Velasquez crea ted for the Office of Professional Co nduct in late 2005, mere should have bee n rem ainin g in his trUSt acco um a balance of at least $5.547.27 until he disbursed the rem ai ning funds to Ms. Young. The monthly statements fo r his IO LTA account for the period December 3 1. 2004. through December 31. 2005. demo nstrate th at this minim um balance was not maintained from January 25. 2005. through December 3 1. 2005. Mr. Velasquez admitted th is fac t to the Co mmittee and te ndered $5.547.27 for delivery to Ms. Young as part of the consent to discipline proposa1. The shortfall in his trust account was the subject of a prior l:cc,c: alld a reprimand filed December 9. 2005. in crc 2005- 127. in wh ich errors by Mr. Velasquez. in the same time frame and resu lting from another diem case, led to shortfaJls wh ich he simi larly corrected when they were brought to his arre nti on by that complaint.

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REP RIMAND DAVID JO HN WOOD, Bar No. 8 1169, o f Little Roc k, was reprimanded by Commi((ce Consent Findings and Order filed July 14, 2006, in Case No. C PC 2005128, o n a complaint filed by Jeann e Murphy, M.D., for vio lations of Model Ru les 1.2(a), 1.7(a) , and 1.7(b). In early

were eventuaJl y discovered in the divo rce

place a judgment that now may approach

case and equitably distributed th ere. Dr.

$200.000 . with te n years' interest includ ed .

Jea nn e Murphy sued Wood and his law firm

Mr. Hooten respo nded that he had not

for negligence. co nflict o f interest. construc-

intentio nally made false statements in bank-

tive fraud , and fraud . At a jury lrial ill

ruptcy pleadings o r his testimony there. He

March 2003. a general verdict was returned

claimed his executio n o f the disclaimer was

in her favo r and against Wood and his law

based o n his readin g of case law. He srated

firm for $38,000 in compensatOry damages

he kn ew lirtle about bankruptcy or real

and $ 175, 000 in punitive damages . Mr.

es tate law. havin g on ly been licen sed a short

Wood did not appeal. The $213,000 judg-

tim e whe n these events occurred. and he was

1993 Mr. Wood was both an atrorney and a

ment was paid in full . with Mr. Wood per-

the only victim of his co nduct.

C. P.A., and had been designated a tax spe-

sonally paying $ 123,000.







Specialization. Since 1983 he had provided legal and [ax se rvi ces and advice


Mr. Hooten has no prior disciplinary compl aints o r sa nctio ns.


BENJAMI N D . HOOTEN , Bar No. 2001 265, of Hot Springs, was reprimanded


Dr. Bruce Murphy and Dr. Jea nne Murphy

by Coml11irree Con sent Findings and Order


fil ed July 25, 2006, in Case No. C PC 2006-

THOMAS W. BYARLAY, Bar No. 86029,

Marital difficulti es arose berwee n the

049. o n a compl ai nt brnu ghr hy th e

of Little Rock. was ca utio ned by Committee

Murphys in ea rly 1993. Thereafter, Dr. Bruce Murphy approached Wood about

Commirree after Mr. HoOten self-referred .

Consenr Findings and O rder filed August J.

on three violations of Model Rule 8.4(c).

assisting Dr. Murphy in alleged real estate

Mr. Hooten received an undivided interest

in ves rmenr plans in rhe Destin, Florida, area. A5 a part of th e plan, Wood allowed Dr. Murphy to place large amounts of his

from hi s moth er in 1993. Mr. Homen was

2006, in Case No. C I'C 2006-052, on a complaint fil ed by United States Bankruptcy Judge Audrey Eva ns, for vi olations of Arkansas Rules 1.1, 3.2, and 3.4(c) .


their various business e ntiti es.

(al ong with hi s bro ther) in real property th e subj ect o f a pe rsonal civil judgment for

Mr. Bya rlay re presented debtor Dona ld Wayne

trust account over a several year period.

$ 110,000 in favor of Ph yllis Nash (now Dunning) in 1996. In 200 I, he was licensed

Wood also opened a bank account fo r Dr.

as an attorney. Befo re becoming an attorney

Bankruptcy Petition filed on September 29, 2005. An application to pay filing fee in

Bruce Murphy in a Florida bank and had

he had wo rked in the real estate busin ess. in

installm ents was filed .

the account statements mail ed to Wood 's

2003. he qu it-clai med his interest in the

Mr. Bya rlay was notified that the filing

law o ffice. These actio ns were take n wi thout

realry to his bro ther and the deed was

fee must by paid in full by the date first set

the knowledge of Dr. Jeanne Murph y.

recorded Jun e 2. 2003. Respo ndent Hooten

fo r the meeting o f creditors, which was

Dr. Bruce Murphy fil ed fo r divorce on

prepared and executed a "disclaimer" of

November 2. The filin g fee was paid by the

July 23, 1997. On July 29, 1997, Dr. Jeanne

interest in the realty and reco rded it

die m to Mr. Byarlay prior to N ovember 2.

Murphy had a telepho ne co nve rsation with

February 18, 2004.

2005, but was not forwarded to the bank-

in co me into or through Wood 's attorney




C hapter


Wood in which she asked Wood if Dr. Bruce

He fil ed a perso naJ bankruptcy petition

ruptcy court by Mr. Byarlay. The case was

Murphy had assets that were hidden from

on Jun e 4, 2004. His bankruptcy case docu-

dismissed fo r failure to pay th e filing fee.

her in o ff-s hore accounts o r sec re t bank

melHS show he engaged in an effort to

Mr. Byarlay tb en filed a second bankruptcy

accounts. In that conversation , Wood pro-

exempt an interest in the realty through his

pe tition on Mr. Hamilton' s be half on

vided Dr. Jeann e

Murphy, also then his

bankruptcy case. Ms. Dunning obj ected to

November 17, 2005. Between the filing of

cli ent. no inform atio n about Dr. Bruce

the discharge of hi s large judgment debt to

the first and second bankruptcy petitions,


her. Th e co urt conducted a hearing and

chan ges in the bankruptcy law took effect.

through Wood. In a discovery depos itio n in

denied Hooten a discharge in bankruptcy

One o f th e c hanges was th at the automati c

October 1997 in the Murphy di vorce case,

on th e basis of what th e judge found to be

stay in bankruptcy was good for only thirty

Murph y's


fin anc ial

Dr. Bruce Murphy denied the existence of

false statements and false schedules he had

(30) days. unless a motio n fo r Stay is filed

any off-sho re accounts. In Novembe r 1997.

filed. Judge M ixo n in fo rm ed the O ffiu: of

anJ all o rder is e ntered. O n November 17.

Wood prepared amended jo int perso nal tax

Pro fess ional Conduct that he wo uld not be

200S. a Mo tio n to Ex te nd Automatic Stay

re rurns for the Murph ys fo r th e years 19 94.

makin g

th e

was fil ed but it fa iled to list th e case number,

1995 , and 1996, whi ch reflected previously

Committee o n this marrer, having take n

stated th e wro ng chapte r of bankruptcy.

und isclosed interes t in come from a Murphy

wh at he tho ught was sufficienr puniti ve

fail ed

busin ess emi ry. The substanti al assets Dr.

action aga inst Mr. Hooten by denyi ng him

filed. fail ed to state that the filin g was made

Bruce Murphy had hidden from his wife

a di scharge in bankruptcy. which left in

in good faith and fail ed to have a certificate


n,e Arkansas lawyer


"judic ial




state the reaso n the pl eadin g was


LJwycr Disciplimry Actions ,

of service arrached. On November 29,2005. the Coun entered an O rd er striking the Motion to Extend [he Automatic Sur. On December 9, 2005. Anomey filed a seco nd

pursued. Such acrion s would nor have

li cense fees required by the Arkansas Supreme Court for 2004 and 2005 unril

MARK J. FREEMAN. Bar No. 57009. of Fayetreville, was ca utio ned by Com mirree

Dece mber 20. 2005. O n Sep[ember 9. 2005. Mr. H all wro[e Joel Boyd (who practices with Mr. Prater),

Mmion to Extend rhe Auromaric Stay and Nocice of Opportunity [0 Object. No hearing was requested and the thirty (30) day period for hav in g an o rder ex tending the Automatic Stay expired. On January 5,

2006, a routine motions hea ring day was held and rhe Court gra nted rh e Morion. On February 22. 2006. the COUff issued an O rder withdrawing its January 5 O rder, and Order of Dismissal in rhe first vaca ted


bankruptcy case, thereby permirrin g Mr. H am il ro n ro p roceed under the old bankruptcy cod e provisions.

Co mminee on Profess ional Co nduct. He did nor th ereafter pay the annual law

become necessary but for his ex parte communi ca tion with the co un appointed viewer.

Co nsent Findings and Order filed Augusr 18, 2006. in Case No. C PC 2006-060. on informacion obtained from rhe Arkansas C ourt of Appea ls in No. CA05-543. Richard Watson v. Cargill, In c., fo r violario ns

o n Hall Law Offices lwerhead. o n behalf of Juanita Colli er, a litigant in a pendin g ci rcuit co urt case in Madison Coun ey. On that date M r. Hall fil ed a Morion to Dism iss fo r Ms. Collier and signed it as her anorney. On

of Arkansas Rules 1.3 and 8.4(d). Mr. Freeman em ered his appearance (0 pursue a

Nove mber I , 2005. Mr. Hall fil ed an Amended Morion to Dismi ss for Ms.

pro se appea l filed in the CO Uff of Appeals by Richard Watson in a worker's compensation case. Mr. Freeman rook no action in the

Co llier, and signed it as her atromey. O n November 2. 2005. Mr. H all wrote Mr. Boyd. on Hall Law Offices Iwerhead as Ms.

appellate maner after filing his enery of JOHN FRANK G IBSON. JR .â&#x20AC;˘ Bar No.

appearance. The appellee filed a Motion ro

Co lli er's anomey. and forwarded to him the Amended M otio n to D ismiss and M s.

6602 I. of Monticello. was ca utioned and

Dismiss and in response Mr. Freeman filed a

Co lli er's Response ro Interrogarories and

fined $ 1,000 by Committee Co nsent

Motion ro File Belated Brief. which was granted. Mr. Freeman then tendered a brief,

Requests fo r Prod uction. By these acts, Mr. Hall engaged in the practi ce ofbw while his law license was in inactive o r admi nistrative-

Findings and Order filed August 2. 2006. in C ase No. C PC 2005- 147. o n a comp laint filed by C indy Forrest, for violatio n of

wh ich was rejecred for failure ro co mply with the appell ate court rules. Mr. Freeman was advised to file a Motion for lime ro file

ly suspend ed status. M r Hall was never

a co rrected brief. Mr. Freeman did not fi le the Motion, nor did he file a co rrected brief,

placed in any form of inactive StatuS by the Committee o n Professio nal Co nduct. On December 20, 2005. Mr. H all was reinstat-

before [he appel lee fi led a Motion to Dismiss. Mr. Freeman did not respond ro

ed [Q acti ve statu s by the Arkansas Supreme Coun Clerk's office by hi s payment to thar

easemene through properey owned in th e subdivision by the business of Ms. Forrest

th e Motion to Dismiss, wh ich was granted, dismiss ing the appeal. Mr. Freeman filed a

office that dare of his 2004. 2005. and 2006 law li cense fee requirements.

and her husband. Co urt-appoi nted viewe rs were se nt to the

Morion for Reco nsideration of Order of Dismissal, Motion [Q Reopen Case, and


Morion for Exte nsio n of lime to Make Corrections. The Motions were denied by

JEANETTE H EIMBAUG H , Bar No. 97040, of Co nway. was ca ution ed by Committee Findings a nd Order filed

[he COUf( o n July 26. 2006. and Mr.

Augu" I I, 2006. in Case No. C PC 2006-

Watson got no appeal. W. Q. HALL. Bar No. 57009. of Huntsvi ll e. was cautioned and fined $750

009. on a complainr fil ed by John David Elli ot[. for violatio ns of Model Ru les 1.2(a). 1.3. 1.4(a), 3.4(c) and 8.4(d). In Augu" 2003. Mr. Elliot[ hired Ms. H ei mbaugh [0

by Commirree Findings and O rder filed Sep[ember 2 1. 2006, in Case No. C PC

represent him in a post-Decree cusrody and visita tion matter in vo lving his ex-w ife and

Arkansas Rule 8.4(d). M s. Forresr. on behalf of Mo micell o Poo ls, a recrea tional associatio n of subdivision properey owners, was a d efendanc in a maner in vo lvin g Mr. G ibso n's d ienes' anempt co o btain a road


make an independ ent repon of

the best locatio n for the easement. Mr. G ibson had co ntact with one of th e inirial viewe rs in an 0: parte nature an d also provided informario n to the viewer witho ut notice to Mrs. Forrest's arrorney. Due to rh e co nract, new viewe rs had ro be appointed ro re-view rhe properey and fu rther proceedings had ro be had before the Judge of the Couney Court. The Committee specifically found that Mr. Gibson's conduct in communicating wirh the coun-

2006-003. on a co mpla inr filed by Paul Prater, for violations of Arkansas Ru les 5.5(a) and 8.4(d). Mr. Hall was separa[eiy

appoinred viewer in an ~x parte mann er

cautio ned for failing to fil e a response to the

about the subject matter of the proceeding he brought on behalf of his cliems created

comp laint. On April 30. 2003, a[ his request, Mr. Hall was transferred to "voluntary in active status," by rhe Arkansas

their children. At the co nclusion of the hearing o n July I. 2004. Ms. H ei mbaugh was di rected by the judge to prepare the Order. As of the dare of the forma l disciplinary co mplaint in early 2006. M s. Heim baugh had nor done so. Mr. Elliott atcempted to

rhe need for additional pleadings, hearings, and appo in tmenr of new viewers before the

Supreme Coun Clerk, and wirhout any

conract Ms. Heimbaugh wirh no success in the months following the hearing. All objec-

tri bunal where rhe proceeding was being

petition by Mr. Ha ll to or any actio n by the

tive of rhe representation was fo r M s.

Vol. 41 No. 4/ Fall 2006

n,e Arkansas Lawyer


LalAYer Disciplin~.lIy Actions Heimbaugh to co mplete the order scning

EUGENE G. SAYRE, Bar No. 75 111 , or

out his ri ghts and duti es as directed by th e Court ar th e conclusion of rhe hearing on

Little Rock, was cautioned by Co mmittee

the Estate as both adm inistrator and attorney until relieved of those duti es by o rder

Findings and Orde r filed july 25, 2006, in

entered May 20, 2005. On july 18 , 1986,

july 1,2004. As a result, Mr. Elli ott did not have his legal maner completed and had no

Case No. erc 2006-017, on a complaint filed by Hoa and Co Mac, for violations of

an order was emered directing that all farm rental income; or tilt; Slale: was to be paid ro

order to be able to enforce his visitation ri ghts with his children. Ms. Heimbaugh

Model Rules 1.3 and 1.4(a). Co mplainants Mac hired Mr. Sayre in May 1999 to assist

him, as administrator. Thereafter he received certain an nual reneal checks from


pay her annuaJ law li cense fee in

them with state tax issues brought abo ut by

the tenant o n the Estate's farm land. Some

2005 until May 20, 2005, in violatio n of Rule VII of the Rules Governing Admissio n

an audit co nducted by the DepaHmenr of Finance and Ad minisc rat ion. Mr. Sayre

of these checks he deposited into hi s atto rney trust account. Some of these checks he

th e Bar, whi ch req uires payment by

failed ro follow the guideli nes set OUt by

did nor deposit, and they we re found yea rs

March I of each calendar yea r. As such, she was administratively suspended from rhe

Sfatute with rega rd to filing objections to claims of tax delinquencies. Mr. Sayre filed

later by him in his file un negotiated . H e fai led to account for th ese payments to the



practice of law from March 2, 2005, through May 20, 2005. JOSH QU INCY H URST, Bar No. 2004016. of Hot Springs. was ca utioned by C Ol11mirree Co nsclH Findings and Order

suit in 2003 bur [he case was dismissed . The

Es tate.

Arkansas Supreme Court affir med the dismissal and stared thac the requiremems for

In Janua ry 1997. Mr. Si mes assumed duties as a full-time C ircuit Judge. and was

th e timing of filing such a suit were clear in rhe smtute. Mr. Sayre failed (Q communicate

thereafter prohibited by th e Arkansas Code of Judi ci:1 1 \.o nduct from engaging in th e pri va te practi ce of law. He rook no action to

with the Macs after the Opinio n of th e Arkansas Supreme Co urt was delivered .

filed September 15,2006, in Case No. crc 2006-036, o n a complaint filed by Melvin

The Committee specifically found that, in

remove himself as either th e administraro r or the atto rney for the Qu incy Chandler

Mayweat her, for violat io ns of Arkansas Model Rules 1.3, 3.4(c), and 8.4(d). Melvin

the cou rse of his represe mation of the Macs, Mr. Sayre fa il ed to fi le an action on th eir

Es tate. H e co ntinu ed to receive annual rental checks, but he did not account for

MaY'-vea rher was represented in a crim inal

behalf with rega rd ro the audit of the

them ro the Estate. By j anu ary 2003 an

trial by Q. Byrum Hu rst, j r. On December 20, 2004, josh Q. Hurst faxed in a notice of

Department of Finance and Administration prio r to the ex piration of the stature of lim-

atto rney had co ntacted Judge Simes on behalf of C handl er Estate heirs, aski ng for

appeaJ and became anomer of record for the

itation ro do so. In addition , the Co mmittee specifically fOllnd that, afre r he sem a lener

an accounting of the annual farm rental pay-

appea l. Mr. Hurst fil ed a Motion for

Extension of Time with the trial Court, and the motion was granted. A partial reco rd

of May 3 1, 2005, ro the Department of Finance and Administrarion conce rning the

ments. The pro bate court o rdered Judge Simes to fil e a final acco untin g for the Estate by Ocrober 29, 2004, cove ring th e period

was filed o n March 17, 2005, and a briefi ng schedule was co mm enced. Maywea ther's

tax liabili ty of the Macs, Mr. Sayre failed to communicate with his clients abour what

from March 18, 1976, ro date, but he did nOt timel y file such a final acco untin g. The

brief was due ro be filed o n April 26, 2005. No brief was filed, and no morio n to extend time was ever filed. On April 27, 2005, Q.

efforts, if any, he undertook on their behalf to ass ist them with rega rd ro their tax matrer, and he failed to respond to requests for

matter was later the subject of a court hea rin g September 29. 2005. At rh e hearing

Byrum Hu rst, Jr. , sent a letter to Mr. Mayvveather stating that everything was pro-

info rmatio n left for him by the Macs.

ceeding as norm al. On June 13, 2005 , th e State fil ed a Motion to Dismiss as neither a brief had bee n filed nor a motion for ex ten-

L. 1'. SIMES, II , Bar No. 75 11 4, of West Helena, was ca utioned and ordered ro pay $2,122.99 res titutio n by Co mmirree Co nse nt Findings and rder fil ed Septem ber 12, 2006, in Case No. CPC 2005- 162, o n a co mpl aint filed by Arnold Chandler, for violations of Model Rules 1.3, 1.4(a), I. 15(a), 1.15 (b), and 3.4(c). Mr. Simes opened probare ad ministrati on of the Estate of Q uincy C handl er, Deceased, in Phillips Co unty Probate 0 11 January 14, 1976. On March 19, 1976, an Order was entered appointing him as admi nistraror of the C handl er Estate. Thereafter he served

sion of tim e had been granted. On June 15. 2005, anorh er anomey fil ed a motion to be substituted as Mayweather's counsel and a Res ponse to the Motion to Dismiss AppeaL The Court of Appeals gramed the motions and remanded th e matter to the trial court to se ttl e th e reco rd within thirty (3 0) days. The record was timely filed and (h e matter

then proceeded throu gh the appell ate process.

38 TIle Arkansas lm'"Yer

Judge Simes ad mitted thar the sa me tenant, Mr. Young, had rented the Es tate lands from 1989-2002 for an annu al rental of $ 1,440.00. judge Simes agreed that he owed the Estate $ 1,440.00 annual rent for each of 1989, 1992, 1993, 1994, and 1996. He deni ed that he owed the Estate rent for the years 1990, 199 1, 1998, and 200 I, Stating he had no data for these years. These checks had voided and Mr. Young replaced them with new checks iss ut::J Jilt::ctl y [0 the Esrate. Judge Si mes denied [hat he owed th e estate interest for any of the yea rs in qu estion. The Court found Judge Simes kn ew Young was renting the esrate lands each of dl e years in question , and th at he had a du ty to collect rhe rents fo r th e Estate as rh ey

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727 0 2

Lawyer MORRIS W. THOMPSO , Bar No. 80 145, of Little Rock, was cautioned by

Simes owed th e Estate rh e annual rent for

Fees," seeking court approval of$ 13,057.50 in legal fees, $720.00 in ExecutOr's fees, and $163.27 in expe nses, all totaling $ 13,940.77, coverin g his claimed service to the Estate from Jan uary 1976, through March 1998. The Co urt deni ed him any legaJ fees. cxecuwc's fees, and expenses from the C handler Estate. The Court specifically

the years 1989- 1994, 1996, 1998, and

found that he had

complied with Rules

Thompso n to represem him in pending dis-

200 I, plus interest thereon at 6% per

1.3 (di ligence), 1.4 (a) (keeping th e client reasonably informed), and 1.4(c) (notifYi ng the client of his receipt of fu nds ro which

crimination litiga ti on. Mr. Thompson preContract of Employmem," which Mr.

rh e client is entided) of the Arkansas Model

Owens agreed

became due. The Court found he violated a State code section (ACA 28-52- 101 (c)) by breaching his duey [0 the Estate. and that he was therefore liab le for the loss to the Estate due to his neglecr and unreasonable delay in paying over to rhe Esta te money which was

in his hands. The Co urt found that Judge

annum. The Court also found he owed th e

11 0[

Com mittee

Findin gs and

O rder


September 2 1, 2006, in Case No. epc 2006-034, on a co mplaint filed by Gary Owens, for violatio ns of Arkansas Rules

1.4(b), 1.1 6(d), 3.3(a)( I), and 8.4(c). In May 2005, Mr. Owens empl oyed Mr.

pared a document titl ed "Civil Ri ghts

Estate interest for th e payments for the yea rs 1995, 1997, 1999, 2000, and 2002, the years when he received the rent checks bur had not applied th em for the benefit of the Estate. In all, the Co urt found he owed the

Rules of ProfessionaJ Conduct. It was also

the agreement, Mr. Owens was co pay Mr.

noted in the Order that he had failed ro comply wi th Judge Bell's 2004 Order that

Thompson $300.00 per mo nth until

Estate rentals for nine (9) years totaling

he fil e an acco unring for the Esmte. Judge

Mr. Thompso n would enter the sui t for Mr.

$ I 2.960.00, and interest totaling $ 11 , 178.03, all totaling a judgment of $24, 138.03, whi ch he was ordered to pay within thirty (30) days. Judge Simes timely paid th e full amount. On OctOber 10, 2005, Judge Simes filed a "Petition fo r Anorn eys Fees and Executors

Simes did nOt appeal the court's decisions

Owens. T heir agreement provided that, if

and orders. The rcstitu tion of $2, 122.99

Mr. Owens chose nor to co ntinue with th e


n,e Arkansas lawyer


and signed. Pursuant


$2, 000 was in the trust account, and then

ordered by the Commirree was for arror-

lawsuit, Mr. Thompson would be entitl ed to

ney's fees expended by the Chandler heirs in

recover a reasonable attorney's fee from rhe

pursuing recovery from Judge Si mes of th e

acco unr. O n May 5. 2005 , Mr. Owe ns pro-

unpaid farm rental payments.

vided Mr. Thompson with the $2,000.00 in cash, and Mr. Thompson provided him with

a receipt noted as being for "advance aga inst costs." On May 12.2005. Mr. Owe ns wrote Mr. T hompso n a check in the amou nt of SI.500.00. followed by anorher eheck for $300.00. Alrogerher. Owens paid $3.800.00 to Mr. Thompson in this maner. Mr. T hompso n elHcrcd his appearance on May to. 2005. in the case of Owms v. Camden Fairview School District, No. 0501026 (Western Disrricr of Arkansas). The court then entered a schedu ling otdet with a report deadline of August 29. 2005. Mr. T hompson scated that. du ring the co urse of his ana lys is of rhe case, his office prepared an entry of appearance to fil e in court, but that rhe entry was sent to the co urt inadvertently. as he had nor decided at that point whether the case had merit. On September 12, 2005. Mr. Thompson sent a lener to Mr. Owens stati ng "after ex tensive review of the marerials..... provided ... and the facts as I understand them to he, I do not fee l you have a meritorious claim or could prevail if th is matter went to trial. T herefore I am withdrawing from represe nring you in this matter. " The lette r further stated that "I have nor advised Allen Roberts thar 1 have decli ned to emer my appeara nce bur I will do so soon.'" Mr. Thompson encl osed a $2.300.00 refund check. The lerre r srared rhat the check was a refu nd of costs advanced to dare and that Mr. Thompson was waiving his enti tl ement co compensarion for tim e spell( and the ve ry little COSt S incurred. Ten days later. on September 22, 2005. Mr. Thompson filed a Motion ro Be Relieved as Counsel. staring that he had agreed to look into the matter to determine if he would . in fact, represent M r. Owens. Mr. T hompso n srared thar he had researched and in vestigated the matter and decided rhat it was not a case he was wi lling to take. Mr. Thompson stared in the motion thar he had refu nded Mr. Owens "all monies advanced toward ant icipated costs of th e litigation and agreed arrangements have been made [Q return all file materials.... " The cou rt gramcd Mr. Thompson's motion on

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Lawyer Disciplinary Actions ere

Septem bet IB , 2006, in Case No. 2005- 167, on a comp laint filed by Juan Mendoza, for violations of Model Rules 1. 2(a), 1.3, 1.4(a), 3.4(c) and B.4(d). Mr.

had thirty days from the date of the Board's order in which to depart from rhe United States. This omission increased the length of

Mendoza received a Notice ro Appear dated April 3. 2003. fo r violatio ns ofSccriol1 212 of the Immigratio n and Nationality Act. He

time befo re Mr. Mendoza could possi bly lcgally re-c ntcr dl C Unired Stares, sin ce he did nor vol untarily leave durin g the requisite

was an alien presenr in the United Scates witho ut being admirrcd or paroled. Mr. Mendoza had been unlawfully present in the

period of rime. Mr. Velasqu ez never communicated with Mr. Mendoza about any of his options, such as filin g an appeal to the

United States for an aggregate peri od of more than o ne year. One who enters or

Federal C ircuit Co urt. The time limit to file th e appeal exp ited before Mr. Mend oza had

3ncmprs [0 reem er the United Scates under such circumstan ces faces a lengthy, if not

an opportu nity to take action. Mr. Mendoza srated thar, ifhe had known in time that the

lifetime, bar to cmry. Mr. Mendoza received A Nmice of Removal Proceedings in M ay

2003. with a hearing set for September 9.

Board of Immi gration Appeals had dismissed his appeal there, he wo uld have pursued an appeal to the Federal Ci rcuit Co urt

2003. Mr. Mendoza retained Mr. Velasquez [0 represent him in rhe immigration pro-

of Appeals. He was advised by new counsel that such action, even if not ultimately suc-

ceeding. A Norice of Entry of Appearance as

cessfu l. cou ld poss ibly delay his deportation

Attorney or Representative was filed by Mr. Velasquez o n August 19, 2003, and he sub-

by up to one yea r and allow him additional time co pursue o ther options.

mitted a Motion for Telephonic Appearance. The Immi gration Judge con-

Mr. Velasqu ez res pond ed that Mr. Mendoza moved and neve r gave th e

du cted a hearing for September 9, 2003 and found thar Mr. M endoza was nor eligible (0 adjust his sratus based on a "hardship" waiv-

VeiasquC'"l office his new address or telepho ne number. When Mr. Velasquez rece ived the BIA d ecision, his office called

er, concluding rhe law ca rried no waiver. Mr.

all numbers they had, bur all were disconnecred except a number for Mr. Mendoza's mother-in-law. A voice message was left

Velasquez filed a Notice of Appeal on October 6, 2003. A btiefing schedule was sent to Mr. Velasquez, but he never filed a brief arguing th e meriu of the appeal. On February 3,2005. the Board of Immigra tion Appeals dismissed (he appeal. Mr. Velasquez neve r infor m ed Mr.

Mendoza of the Board 's decision or th at he

there. However, according


Mr. Velasq uez,

Mr. Mendoza and his wife were estranged at rhe rime. and the message apparently neve r reached Mr. Mendoza. _

Need labels? Your Association maintains the largest and most accurate database of Arkansas attorneys. To purchase mailing labels at a reduced rate to members, contad Barbara Tarkington at btarkington@arkbar.CQm or



Robert S. Tschiemer, Esq., Ark. Bar 84148 43 Hwy. 89 N.

Mayflower, AR 721 06 (501) 951-3303 , (fax) (501) 325-1235 email: Vol. 41 No. 4/ Fall 2006 TI1C Arkansas La"'Ycr


In Memoriam

Sandra Cherry was the very embodiment ofa lawyer's desirable traits- courageous, willing to take a stand against odds, yet considerate and gentle in handling relationships with those she touched, stern and incisive when necessary, all the while maintaining a sweet smile that let you know you were appreciated and your thoughts considered. We have lost a great friend and leader. - Ji m Sprott, Arkansas Bar Associarion Presidenr


Sandra Wilson C herry of Lictle Rock died August 1,2006. She was 64 . She is survived by her husband , Jo hn S. C herry Jr., and daughter, Jane Wilson C herry of Washingcon , D.C. A nati ve of Little Rock, Sa ndra attended Little Rock schools and was a mem ber of che "Lost Class of 1959," when tlte Lictle Rock high schools were closed. During that year, she actell ded Hendrix College and late r gradu ated from the Universiry of Arkan sas with a BA degree in History in 1962. She caughc h istory co junio r high students in Little Rock before emering rhe Univers iry of Arkansas Schoo l of Law in Fayetteville in 1972. She later transferred to the University of Arkansas at Little Rock Schoo l of Law and grad uaced in 1975. She began her legal ca ree r as rhe first woman in Arkansas appoinred as an Ass istant Un ited Stares Attorney. She served in [hat capacity for over 28 years. interrupt路 cd only in 198 1. when Gov. Frank White appoinred her ro serve as an Arka nsas Public Service Co mmissioner. Again, she was the fi rst woman to serve in that pos iti on. In 1983. she returned ro the United States Anomey's Office. wh cre. beginnin g in 2003. shc servcd as First Ass istant United SI:Ues Anorney for the Eastern District of Arkansas until her retirement. During Sa ndra' s tim e 111 thc United Scares Atro rn ey's office, she served as a [rial adjunct instfUcror at the University of Arkansas at Lirtle Rock School of Law and raught at the Anorney General's Advocacy Institute in Was hington, D.C. Sandra was dcvoted to the Arkansas Bar 44 TIle Arkansas Lm'Ycr

Association and th e legal profession and rook grear effo rts co adva nce the cause of boch. She was president of th e Association in 200 I , o ne of twO women who have been elected to that position. She served as secrerary-treasurer, chair of the Association's Executive Co un cil, chair of the Judi cial Nomin ati ons Com mittee, co-chair of th e Committee on Opportun iti es for Women and Minoriti es in the Legal Profession, and served on numerous other committees and sectio ns. She was a tenured mem ber of the House of Delegates and a Go lden Gavel Award recip ient. Carolyn Wicherspoo n, 1995-96 Associatio n Pres ident, sa id of Sa ndra, "Sandra was a wonderful friend and mentor. She prov id ed me with invaluable advice when I served as presidenr of the Associat ion. She neve r sa id no when she was asked to assist with the various issues that faced the Bar at that time. Sa ndra also was a rolc model for many lawye rs, male and female. She always was gracious in her dealings with everyone on all sides of every issue. Sandra never felt that any problem could nO{ be reso lved. She wo uld work tirelessly [Q ensure that the outcome was in the best interests of th e bar and of the individual members. I will miss her wit, her charm, and her sound reasoning ability." Sand ra was honored in numerous ways during her 28 years of se rvice fO the lega l profession. W inner of the Depanmcnt of Justice D irector's Award for superior performance as an Ass istant United Scares Attorney, Sandra handled cases rhat became models for prosecutions across the country. In 2003, Sa ndra was recognized by Fede ral

Bureau of Investigation Director Robert Muell er fo r her outstanding prosecurori al skill s. She received the United States Department of H ealth and Human Services Inspector General's Integri ty Award in both 1995 and 2002 in recognition of her contribution to lhe mission of the Inspecto r General. In 1991. she was awardcd the Gayle Perrus Ponn Award by the Women Law Stud ents Association at the University of Arkansas for outstanding excelle nce and achievement in the legal profession. Sandra was a past pres ident of thc Pulaski Coun ty Bar Association, an American Bar Associatio n Fell ow, and a Fellow of the Arkansas Bar Foundation. In 2000, she was appointed by chen-Chief Jud ge Susa n Web ber Wrighr to the United Sca tes District Court Magistrare Selection Panel. In 1993, she was appointed by chen-Chief Jud ge Richard Arnold co che 8ch Circuic Court of Appeals Ge nd er Fairness Task Force, and she se rved on the program co mminees for the 8th Ci rcu it Judicial Co nfere nces in 1995 and 1999. Sandra was act ive in numerous civic and church gro ups throughOut her remarkable life. Association Pres ident-Elect lti ck Ramsay said of Sa ndra, "When I think of Sandra I think of all that is good ahout lawyers. Professional, ethical and a strong advocate yet compassiona te. Above all, she was Jc:Jica ted to her profession and [0 the members of the Arkansas Bar Assoc iation. To paraphrase a quote I once heard about another o utstandi ng lawyer- If all lawyers were like Sa ndra C herry. we wou ld not need lawyers."

In Mcmori:ml




William j . Wynne ofEI Dorado died july 25,2006 at rhe age of79. Wynne ea rned his Juris Docrorarc degree from rhe Universiry of Arkansas School of Law in 195 1. H e began his legal ca reer as an oil and gas anomey for Murphy Oil Co rp. During this time, he formed th e law offices of C rumpl er, O'Conner & Wynne. of which he was th e sole practitio ner at the time of his dea th. He was a lo ngtim e member of the Arkansas Bar Association where he served o n the Natural Reso urces Law Section. He was honored with the Association's arural Resource Institutes Award in 1993. He was a member of the Union County Bar Association, Arkan sas Trial Lawyers Association, American Judi ca rure Society, a chanee member of the American Association of Petrol eum Landmen. Intersrare Oil and Gas Compact Co mmissio n, Rocky Mountain Mineral L1W Foundarion and Eastern Srares Min eral L1W Foundation. H e was lice nsed co pracri ce befo re the Arkansas Supreme Co urr and th e U.S. Dist rict Courts for the Eastern and Western Districts of Arkansas, me U.S. C ircuir CourtS of Appeal for the Fifth, Eighth . and Tenth Ci rcu its, rhe U.S. Treas ury D epartment and the Supreme Cou rt of the United States. H e served as generaJ cou nsel and hearing exami ner for Arkansas Oil and Gas Co mmiss ion since 1975, Interstate Oil and Gas Compact Co mmiss ion si nce 1982. He is survived by his wife G lenna S. Wynne; and tWO children, William J . Wynne III and Nancy Wynne Pietramoni; and three step-children, Dianne Mullins jones, James By ron Mullins anJ jerr Mullins.

judge james David Sto ker of Mena died july 5, 2006, ar ti,e age of83. He ea rned his Juris Doccorare degree from the Universiry of Arkansas School of L1W. He served in \'qo rld War II , th e Korean \'qar, the Arkansas National Gua rd, and the U.S. Army judge Advocate Ca mp. After retiri ng from the army, he returned to Mena where he pracri ced law, becam e a municipal co un ry judge. and owned and operated a carele ranch. He was a member of the Arkansas Bar Association. Su rvivors include hi s four children, joh n and jim Stoker, Kim Schutt, and Celesre Wheeler.


David Lee Minton of Fayetteville di ed june 20, 2006, ar rhe age of 72. H e retired from the U.S. Army judge Advocate General's Co rps at th e rank of colonel in 198 1. He was last ass igned as Co mm anda nt of th e j .A.G. School in C harlorresv ille, VA. He was a lon gtime member of the Arkansas Bar Association. He is survived by his wife, Judith Mincon; rwo so ns, Mark and Sco rt Mimon ; and five grandchildren.

JAMES LEE " J .L." K IDD, j R.

james Lee "j.L." Kidd , jr. of Lirtle Rock died August 16, 2006, at u,e age of 86. After graduati ng from Hendrix College, he joined th e U.S. Marines, serving in the Sourh Pacifi c and C hina and later se rving in the Korea n Co nAict, reaching the rank of Lr. Colon el, and was awarded the Bronze Star. Upon his return (0 Little Rock he ea rned his Juris Doctorate degree from the University of Arkansas School of Law in 1948 beginning his ca ree r of 55 years in the practice of Jaw. H e formed the law firm that is now Dodds, Kidd and Rya n with parmer j .B. Dodds in 1950. He was a member of the Arkansas, Pulaski Coun ty and American Bar Associatio ns. He was a Fellow of the Arkansas Bar Foundation. He is survived by his wife, Beverly Hart Kidd; three sons, james L. Kidd III , judson C. Kidd, and j ohn B. Kidd; and fi ve grand children. J UDGE H EN RY S. Y OCUM, J R.

judge Henry S. Yocum , jr., ofEI Dorado died july 26, 2006, at th e age of 84. l ie graduated from th e University of Arkansas followed by rhe University of Arkansas School of Law. H e served in the United States Army as a Sergeant from 1942 to 1943. He rerurn ed to EI Dorado following law school where he began practice at Mahony and Yocum Law Firm. In 1968 he was elected to Chancellor and Probate Judge Seco nd Division of the 13 th judicial District, serving for 18 years before retiring in 1986. He was a member of th e Arkansas and Union Co unry Bar Assoc iatio ns. H e is survived by a so n, Sco rr Yocum; and two grandchildren.

judge j ohn Wesley Goodso n of Texa rkana d ied August 18, 2006. at the age of80. He was the pres idi ng judge in Co urtS in Miller, L1fayene, Hempstead , and Nevada counries. He was a member of the Arkansas Bar Association. " He reall y liked people. His firm demea nor in rhe courtroo m was always on the minds of lawye rs, bur when he was in me social setting he was a softy," said Arkansas Supreme Co urt Ju stice Jim Gunter of Hope in an article in the ArknllSllS D~mocrnt-Ga2Ltu.

H e is survived by hi s wife, Doris Goodson; tWO daughters. Jan Murphy and Mary jane Briggs; o ne so n, j ohn Goodson; and rhree grandchildren. J UDGE T ED P. Coxs.EY judge Ted P. Coxsey of Berryville, died Seprember 10, 2006, ar rhe age of 60. He graduated from the Un iversity of Arkansas followed by th e University of Arkansas School of Law. He began practicing law in 1972 in Berryville. He served as dep uty prosecuring attorney, juvenile judge, ciry atrorney and di stri ct judge. H e was a vetera n, having served with the Unired States Army and National Guard for 23 years, reti ring as a Majo r. "For me personaJiy. Kent was extremely ge nero us with his tim e and his counsel and his wi llingness to help new lawyers," Kent C row said in an article in rh e Carroll COUllty News. " I always found Kent ro be a willing resource-always willing ro ass ist in any of my cases in which he wasn't invo lved. He was both a gentleman and a scholar." As a judge in th e district court C row found Coxsey "ro be both fair and compassio nate with those people who cam e before him . Again, he made th e lawyers do their work when mey ca me before him, yet he always treated lawye rs with dignity and respect, and that was gready app reciated. " H e is survived by rwo daughters, Hilary Lyn and j aren Elizaberh Coxsey.

Vol. 41 No. 4/ Fall 2006 The Arkansa La"y er


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The Arkansas Bar FOll.1uJation acknowledges with gra tefttl appreciation the receipt of the following memorial, honorarium Illld scholarship cOlltributions received during the p eriod JUlie 29,

IN MEMORY OF SANDRA WILSON C HERRY Naney and Bob Bai ley Justice Roben and Charlone Brown Tom and Debbie Daily J. C. "Jack" Deacon Katherine Drummond Justice and Mrs. Roberr H. Dudley Judith Ryall Gray Frank and Betty Lou Hamlin Don and Leslie Hollingsworch Tim and Randi Hurchinson Ann Dixon Pyle Roscopf & Roscopf, P.A. Dennis and Jane Shackleford David Solomon James D. Sprorr Judge John and Mariena Stroud Fred S. Ursery IN MEMORY OF ROBERT COMPTON Michael G. Thompson IN MEMORY OF KENT COXSEY Judge Alan D. Epley IN MEMORY OF WINSLOW DRUMMOND Dav id M. Powell Michael G . Thompson IN MEMORY OF J UDGE J OHN GOODSON Justice and Mrs. Robert H. Dudley IN MEMORY OF PAUL E. HARRISO Judge Ellen B. Brandey Frank and Betry Lou Hamlin Toni Taylor Meghreblian James M. Simpson IN MEMORY OF J. L. K1DD. JR. Cyril Hollingsworth Edward L. Oglesby B. Jeffrey Pe nce Fred S. Ursery


through September 2 7, 2006:

IN MEMORY OF JOHN M ILLAR Judge Alan D. Epley IN MEMORY OF J UDGE HENRY WOODS M ichael G. Thompson IN MEMORY OF DR. ROBERT R. WRIGHT. lH Philip S. Anderson Judge Ellen B. Brantley Justice Raben and Charlone Brown Mr. and Mrs. C raig Campbell Justice and Mrs. Robert H . Dudley James E. H arris

Martha Huey Par and John Lile Mike and Sheila Mehaffey Sheffield Nelson Judge William R. Ovenon Inn of Court Ann Dixon Pyle Susan Reasoner Judge Elsijane Trimble Roy Helen D. Seifritz. J. M ichael Shaw Emily Sneddon Mike Spades. Jr. James W. Spears and Susanne Roberts Michael G. T hompso n Judge Robert C. Virricow Jack M. Wilhelm Judge Henry Woods Inn of Co urt IN MEMORY OF WILLIAM J. WYNNE Tom and Debbie Daily Jud ith Ryan Gray Dennis and Jane ShackJeford IN MEMORY OF J UDGE HENRY YOCUM . JR. Dennis and Jane ShackJeford SCHOLARSHIP CONTRIBUTIONS W ILSON & ASSOCIATES ETH ICS SCH OLARSH IP Raben M. Wilson, Jr.

IN MEMORY OF LELAND LEATHERMAN David M. Powell Michael G. Thompson

Vo l. 41No. 4IFall 2006

TIle Arka nsas la'ryer


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DAVIS, WRIGHT, CLARK, BUrr & CARITHERS, PLC congratulates Tilden P. "Chip" Wright IlI on his tetirement from the active practice of law September 30, 2006 after 35 years with the fitm in a career marked by his peer selection T h e American C oUege of Trial Lawyers Best Lawyers in America Martindale HubbeU "AY" rating.


C hip will continue "of counsel" to the firm , wh ich wi ll retain its same name, location and practice at: 19 East Mountain Street, Fayetteville, AR 7270 I 47 9.521.7600 m We wish C hip and Mary the best!



Davis, Jr.

Co nsta nce C. C lark Wm. Jackson Butt II

Kelly Carithers Don A. Taylor John G. Trice Mark W. Dossett

48 TIle Arkansas lm'Yer Vv'VV'N,

Tameron C. Bishop Casey D . Lawson

J. R. Carro ll Tisha M. Harrison Missy LeAar Chad Gowens


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The Arkansas Lawyer - Fall 2006  

The Arkansas Lawyer magazine is the flagship publication of the Arkansas Bar Association. The quarterly publication communicates the news of...