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The Arkansas

EDITOR Anna Hubbard

aw er

EXECUTIVE D1RECfOR Ka"n K HuuhhIJ EDITORIAL BOARD Philip E. Kaplan, Chair Judge Wiley A. Branton, Jr.

Vol. 42. No. J

Michelle H. Gauley Mihon Fine, II W illiam D. H aught Jim L Julian Mary ikth Mmhews Gordon S. Rather, Jr. Christophc:r T I1Ivi$ David H . WillialllS Teresa M. Wineland

OFFICERS Prcsidem Richard L Ramsay Board of Governors Chair David B. Vandergriff President-Elc:ct Rosalind M. Mouser Immediate Past President James D. Sprott Secreury-T reasurer

features 10 What is ADR? Robert E. Yoes

WiUiam A. Marlin Parliamentarian

J.

Leon Johnson Young Lawyers Section Chait Amy Freedman

BOARD OF GOVERNORS Thomas M. Carpemer Niki T. Cung Richard C. Downing Causlcy Edwards Jim Pat Flowers David M. Fuqua CharlC$ L Harwell Anthony A. Hilliard Colene D. Honorable J im L Julian Sean 1'. Keith Roy ikth Kelley Hury A. Light Chalk S. Mitchell Donna C. Pettus Todd M. Turner John T . Vines Eddie H. Walker Denni! Zolper

UAlSON MEMBERS Kart:n K. Hutchins Steven W. QU3ulcooum Jack McNulty Zane A. Chrisman Judge Rice Van Ausdall Garolyn B. Witherspoon Judge Michad Robinson

1M .... ri., ....... u,,,," (USPS 546-040) il pubiishnJ qumerly by Bu Associ~I;on. Periodicals poJlagc ~ 21 I..ltd~ Roo:k. Atklln$al. I'OSTMASTER: .send addftsll ch.wga; 10 1M ........",..., LIII4I}'". 2224 Cotlondak Lane. lillk Rode. Arkllnsu 72202. Sub.l(':ription ptiu 10 non-members of Ih~ Arkllnw /». ~uliQn $35.00 per Y"ar. Any opinion apresK<! herein is Ihal of the author. ""d nOi nrcoAIiiy that of the Atkllnsou lb. A»ocul ion or 1M .... ,It.,tu/U u,"'Y"' ContribUliolU to '1'1N .... ri.,,.,.,., LllIIIJW ""' wdwm~ ~nd $hould k x m to Anna IlubWn!. fAiilOf. :!hubban!@>arkb.:II.COtrI.Allmqui.... rcg=iml! ,.d~rusing should be ..,nl 10 &Ltar. 1.......""'_ LIII?". at d~ Wo~ addtal. Copyrtght 2007. Atitanas 8M AssocUtion. All righu rcsnvc.i.

13 Practice Tips What you Need to Know to Value a Professional Business David R. Matthews

22 Arkansas Supreme Court Historical Society Noteworthy Arkansas Jurists: David Walker: The Whig on the State Supreme Court Michael B. Dougan

th~ Arklln$al

Contents Continued on Page 2


The Arkansas

awer Vol. 42. No. 3

in this •Issue CLE Calendar

23

2006-2007 Arkansas Bar Association/ Arkansas Bar Foundation Annual Award Recipients

24

Lawyer Disciplinary Actions

26

In Memoriam

46

Arkansas Bar Foundation Memorials and Honoraria

47

columns

48

President's Report Richard L. Ramsay

5

Classified Advertising

Young Lawyers Section Report Amy Freedman

9

CF:D

1111

A rbnsas Bar Association

2224 COllondale Lane Uttlc Rock. Arkansas 71102 HOUSE OF DEtEGATES Delegate District I-S£: Robert F. Thompson. [II

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Delegate District I7-SE: Sam Gibson Delegate District I-NW: Li5a L Kelley. lason 8. Kelley. Stephen Geigle. Vicki Vasser-Murray Delegate District 2-NW: Brock Showalter. Buddy Chadick. David I. Whitaker. Charles HaIV.'CI1. TIm Tarvin. lason B. Duffy. Elizabeth Duffy. Paul D. Reynolds. W. Marshall Pret9'man. Bob Estes Delegate District J-NW: Stephen Smith. lames O. Cox. An!)' Click-Horoda. KimberlY Frasier. Rita Howard. Farrah Fielder Delegate District 4-NW: P~ltrick McDaniel Dck&<tlc Distl ict 5-NW: Steve B. D<lvis Delegate District 6-NW: Roy Beth Kelley. John C Riedel Delegate District 7-NW: Stephan Hawks. Charles E. Clawson. III

Delegate District 8-NW: lerry Patterson

Delegate District 1-(; Valerie KellY. Gregory L Crow. Gwen Rucker. Randy Bueter. Mitch Berry. Steve Bingham. Lacy Kennedy. C. Tad Bohannon. lerry larkowski. Brian Vandiver. Mark McCarty. lay Taylor.ludge BeUl Deere. Leon Johnson. Rebecca Denison. Michelle Cauley. David Glover. Jay Shue. Elizabeth Smith. Brad L Hendricks. loel M. DiPippa. K11aJYam Eddings. Chrislian Harris. Ka TIna Hodge Jeff Wood. Gill A. Rogers. Mark Hodge. Brett Watson. Patrick Spivey. Danyelle Walker Law Student Representatives: Dan Oberste. Universi9' of Arkansas School of I.aw: Allison Kanlisi and Kim Overstreet UAlR William H. Bowen School of law

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President's Report

by Richard L. Ramsay

The Put In

I[ is customary for a new Bar Presidem [Q write about the future, and I will. However, it is best, in my judgment. (0 begin with the past. In the last thirty days we have lost the services of rwo outstanding individuals who have gone above and beyond the norm in serving your Association. While they will no longe r be in the forefrom. their cou nsel will still serve as important roles this year. First, Don Hollingsworth. our Executive Direccor, retired on July 1, 2007. Don's service ro our now over 5,000 members during his tenure as Executive Director has been one in which he has hel ped guide those of us who volunteer down the right path . His wisdom and forward thinking has consisrcmly helped [his body grow and grow srronger. Two things stand out when I think abour Don and [he job he has done. First, as I have traveled out of State on behalf of our organization. I co nsistently hear complimencs about Don from other state Bar Presidencs. staff members of the American Bar Association and other Bars' Executive Directo rs. C learly he is well res pected by his peers across the counny. Second , he has that rare talene of keeping our Bar Presidents, with vastl y different perso nalities and orga nizat ional skills, on th e right cou rse. All the while he has done this allowing the pres idents to receive the glory for the work he has done as he remains in [he background . H e will be missed. Another great Bar leader, Jim Sprou , has just conclud ed a fantastic year as our Presidenr. H e h as overseen th e transition to the new Bar Ce nrer and shephe rded us through rhe problems that have arisen with the ease a nd grace that define his personality. Jim 's Bar year was a n unqualified success and he has set the benchmark of leadership [hat wi ll be hard for [hose of us who fo llow to reach. H is friendship and example will

always be importanr to me. Now for the future. The aforementioned President Sprott used his love of fl ying as a meta phor for his articles in this space. T hey starred with "The Take-Off' and ended with "The Landing." As a pi lor myself. I enjoyed [he rrip. Well. [he hobby motif will co ntinue this yea r. I am a river person. C lair and I spend quite a bit of o ur free time on our raft fl oating me maj estic whitewater streams in Arkansas and the more challenging rivers across the country. We will rake a river trip o n this yea r's metaphoric journey. I have tided this articl e "The Put-In." Any river runner knows that in order to have a successful ri ver ex peri ence, the preparation yo u make at the put-in or departure poim. is of unnost importance. Your boats, rafts and safety gear must be inspected. Your plan must be rehearsed to have a successful rrip. The same procedures a re applicable to a successful bar year. First, you have to know that your peopl e are qualified and have all of the ski lls to tackle the rapids without problems. I n that regard. I have been very pl eased with the respon se I have received from th e 902 individual members I have appoinced to the 34 co mmittees that a re the backbone of this Bar Association. The willingness of so many people to serve has been gratifying. In rive r terms, we always seem [Q have a blend of "old heads" - experienced boarers - and " newbics" - less experienced boarers who a re eager to develop their skills and rake on new chall enges. I have always held a special place in my Bar heart for yo ung lawyers, here [he newbies. I believe that in our Association, our vo lunteer base must be expanded and new leaders developed. To that end , I have a ppointed 22 1 members of

I have every confidence that our organization is in goad hands with the crew we have in place. We have that perfect blend of old heads, who have run this section of the river before, and newbies, whose talents will teach the old heads a thing or two along the way_ the Young La""}'ers Section to the force of co mmirtee members. Of that number, several have been appointed as chai rperso ns of variolls important committees. They have rhe ta lent and energy to serve us well as they take an active role in our wo rk . The put-in is o ne of the most exciting parts of a river trip. It is your first encounte r with th e unknow n and you have great anticipation about the adventure that lies around the next bend of the river. This Ba r year will be no different. There will be placid pools where we ca n enjoy th e time as our wonderful staff helps us keep both oars in the water as the Association runs smoothly. Just as predictably. there will be times when the docile pools and smooth drifts turn into raging cascades where we will be tested. The key is, again, being prepared a nd confident th ar we have the training and skill developed to a point where we can navigate those times successfully. I have every confidence mat o ur organization is in good hands with the c rew we have in place. We have that perfect blend of old heads. who have run rh is secrion of m e river befo re, and newbies. whose tal em s will reach the old heads a thing or rwo along th e way. As the rrip leader of rhis. our 11 Oth year. I look forward to the journey .â&#x20AC;˘

Vol. 42 No. 3/ Sullllllcr 2007 The Arkansas Lawyer

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Young lawyers Section Report

by Amy Freedman

YLS: Taking it to the Next Level

,

-

+c'

~

11\,' â&#x20AC;˘

1

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me

C hange is in air! As I write this, my very first YLS column ro you. so many things are changing in our Bar Association. Don Hollingsworm is ahout to retire after ten strong years of directin g o ur Association, and Karen Hutchins, who is a ball of energy and extremely competent. will he our new Executive Director. W e were so lucky to have Karen as our YLS scaff liaiso n for the past year after losing our beloved Judith Gray who retired. H aving previo usly wo rked with Karen on a regional e lE in Texarkana, it was a delight to have her as the YLS Staff concac[. Bur now, with her move up [0 the Executive Director's positio n, we will likely get a new Staff liaiso n for the YL5 once so meo ne is hired for rhe Associate Direcror's job. (Unless we can talk Karen imo keeping us!) As I said, change is in the air ... and we've o llly JUSt begun! Ler me start by sayi ng th at I am both humbled and honored to be elected to serve as th e srate C hair of the Arkansas YLS. I t is a responsibility I take very seriously. For th e past two yea rs, I have had the ul timate privilege of serving as the official delega te for Arkansas to the national Executive CounciJ of the American Bar Association Young Lawyers Division ("ABA YLD"). It has been a tremendous twO years! I have mer incredibl e people from allover th e Un ited States and around th e world. Working on nado nal policy that affects all yo ung lawyers in America has been both challenging and rewa rding. In addition , I have traveled to such fa bulo us places as C hicago, Portland , H awaii, Baltimore. Miami, Mo ntreal and Sa n Francisco representing Arkan sas. 1 want to thank the Arkansas YLS for giving me th is supreme hon o r to se rve you at the nario na,1 level. Because of this ex perience. I am in a unique positio n to help the

Arkansas YLS during my year as C hair to conri nu e to build a strong national reputation for our state. My good fri end David Sterling from Lirde Rock paved the way for me and the res t of the Arkansas YLS o n the nati onal stage, and it is exciting to ca rry rhe torch forward. Arkansas YLS will have a srrong delegation to the nationaJ assemb ly of young lawyers at the annual meeting of rhe ABA YLD in San Francisco in August. The ABA YLD meets four times a year with th e nar.i o nal assembly meeting twice-at the annu al meetin g in August and at the Mid-Yea r meeting in February. In February 2007, I had th e privilege of raking two new delega tes to the nationaJ meeting in Miami. Flo rid a- Gwen Ru cker. our newly elected C hair Elect, and Ka Tina Hodge, Looking ahead, the Arkansas YLS has a tremendo us year of commun iry service projects planned. Just to give yo u a sam pling, we will continue our many Law Day projects, including "Java with the Judges," working with the Mock Trial Co mmirree and competitio n, and our literacy projects. I am ex tremely excited to unveil to yo u o ur newest project, "C hoose Law: Di versiry Outreach," which is bei ng funded with a grant from th e ABA YLD, We will be reaching our to minority high school and co llege srudenrs in an effort to show them that law is a profession for aJl. Ka T in a H odge will be spearheading this project with the help of o ur Executive Co uncil and yo un g lawyers across Arkansas. We are very excited ro reach o ur to our minoriry youth in this way. Stay runed for more details on volunteering oppo rtunities for this worthy project. Finally, th e Arkansas YLS is ready for an outstand ing year. Building on rhe year of "firsts" we just had, this cO lllln g year,

I am extremely excited to unveil to you our newest project, "Choose Law: Diversity Outreach." We will be reaching out to minority high school and college students in an effort to show them that law is a profession for all, we hope to strengthen new as well as o ld rel ationships o n our Executive Cou ncil and with all the yo un g lawyers in Arkan sas. This year, our Executive Council will reach out to our const ituency in ways nor do ne before. During the coming bar year, we ho pe ro have "get ro know you" receptio ns and e lE programming aro und the state in each of our geographic region s~No rth/West, South/East and Central, We wi ll kick off programming this faJ) in Fayetteville with a trip to the Un ivers iry of Arkansas Schoo l of Law, my alm a mater, and a reception for law students and young lavvyers in the no rthwest Arkansas area. D ean Cynthia Nance is such a dynami c force at the law schoo l, and I loo k forward to partnering with her to motivate graduating law students and yo ung lawyers co beco me acrive in our Bar Association. Our newly elected North/ West del ega te Vicki Vasser Murray will work closel y with the C hair o n thi s exc iting event. We will then plan similar events around th e state wh erein the delegates [ 0 the Executive Co uncil will reaJly get to kn ow their constituents and be in a better position as the voice of Arkansas young lawyers as neve r before. I n sho rt, we will be taking o ur Young Lawyers Secti o n "to the next level" this yea r. It is an exciting time to be a yo ung lawyer in Arkansas! _

Vol. 42 No. 3/ Summcr 2007 The Arkansas lawyer

9


What โ€ข

IS

ADR? WhatisADR? Ahernative Dispurc Resolurion ("ADRn) enco mpasses several means of resolving (;u nnicr or Ji~pLltt: which would otherwise be resolved through rcadiriollal liti gation. These means include dispure resolution by arbitration, mediation. or collaboration. The various methods of AD R each have their own separate process. While arbitration has hi swricaJ ly been rhe most common form of ADR, the use of mediation has grown signiflcandy during rhe last decade. This arlidc wi ll focus on use of mediation. Mediation provides the ability for parties and their advocates to craft creative reso lutions nor avai lable in traditional litigat ion where the only poss ible result is (he gram or denial of 3 monetary award. A resolulion reach ed through mediarion can include much more than monetary awards.

W1Jere Did it Come From? ADR has a long history, one beyond the scope of this article. However, its fo rmal recognition as a legal discipline within Arkansas is fairly recent. The Arkansas Nternarive 10

The Arbn'"' La,,),er

www.arkbar.com

Dispute Reso lu tion Commission was crcared by Act 673 of 1995. Since creation of the commission in 1995 the Arkansas Bar Association has also recognized the expanding imporrance: of ADR and formally established ADR as a permanenr Section of th e bar association. Arkansas law schools now offer ADR classes and programs.

Is it Legal? A.c.A. ยง 16-7-202(b) authorizes all circuit and appellate courts in Arkansas to order any civil, juvenile, probate, o r domestic relations case or controversy pending before it to mediation. Of course, voluntary submission to an ADR process is always available. Resolurions reached through mediation, or other forms of ADR, may be memorialized and enfo rced either as contractual settlement agreements or where appropriate as Agreed Orders submitted [0 the co urt for approval and entry in the case. A.CA. ยง16-7-206 protects participants in ADR processes from use of admissions or sratemems made in the course of or during a mediation being used againsr them in a later proceeding.

How Do You Go About It? Mediations are conducted by a neutral parry, or medj3[Or, who has been thoroughly trained in the process. The mediator begins with a joinr sessio n including all parties. It is essential [0 the process and for the best result that someone fully vested with decision making authority be physically in a[[endance at all times during the mediation. First, a statement clearly and carefully stating the issues in dispure to be reso hfed is made by the mediacor to clearly establish that everyone is co rrectly focused. Next, each party is provided an opporrunity co scate or present their position and feelings. Afrer these statemenrs th e parties move co separate private rooms where they will remain until returning for a joint dosing session after resolution is reached. Ac the joint closing session the agreed resolurion is reviewed in detail by the mediator with the panies then redu ced co writing and signed by the parties before leaving the medi3(ion. O nce the parties have separated into private conferencin g roo ms the mediator meets wirh each . The med iato r uses skills developed through extensive specialized train-


in g to ass ist each parry in exa mining and anaIYlin g [he strengths and wea knesses of th eir respecti ve posit ions. doing so without ex pressin g o r demo nstrating o pinio n or bias towards either parry. The mediator may sugges t o r ass ist each party in th e des ign of creative so lutions but wi ll no t offer them ro rhe other un less autho rized and instructed

to do so. The mediator will never disclose to o ne parry the private ana lysis or thoughts of the o ther without the ex press direction to do so. W o rki ng from each end the mediaror co nstantl y works ( a move each parry wwards rhe middle unti l somewhere in between they

reach each other- resolucion accomp lished. The mediator wi ll cominually d iscuss and assist with evaluation of vari o us as pects of each parties position, meeting and communica ting positions and offers, as authorized and instructed , between th e parties until a resolution is reached, or until such time as aJl parti es agree there is no possible reso lution that is m utual ly acceptable and the mediation m ust be declared at an end . WIry Use ADR? Panies who frequently urili ze ADRparticularly medi ation- in resol ving business di sputes o r medi cal malp ractice claims repon one of the major benefits of doi ng so often [0 be the co ntinuation of a pre-existing and mutually benefi cial relat io nship between the panies which mOSt li kely would not survive the deeply scarrin g arracks and chal lenges commonly experi enced by resolutio n via trial. They also repo n that the privacy affo rded by ADR preserves no t only the confidentiali ty of business o r professional informar io n which wo uld otherwise be subject to

public view bur also allows all panies to better mai ntain del icate things like repurati on and digniry which may not be at iss ue in me meri ts of a di spure bur may sdll be injured o r tarn ished by the process-collateral damage completely avoid ed thmu gh ADR.

T hese sa me benefits can be ex tremely impo rtant in fam ily law man ers. As th e number of fa mili es d ivided by di vo rce has increased the number of chi ld ren affected has also. It is inesca pable that when chi ld ren are invo lved the parties to a divo rce are go ing ro have some eype of continuing rel at ionship fo r some period of time, usually length y, whether they wish ro or not. Wh en chi ld iss ues are prese nt achieving the least acrimonio us pOS[ di vo rce co-existence possi ble is beneficial to aJ l parties. A mediated d ivorce resolutio n can fac ilitate the divo rci ng parries' continuatio n of their lives witho m th e added acrimo ny often res uIcing from public tes timony and rigorous cross-examination of the most personally sensitive aspects of their relatio nshi p. ADR is as swift a process as th e parties want it to be. They are in full control of the enti re process including scheduling. 0 waiti ng for [rial dates or appellate decisio ns. The longer a d ispute is in process the deeper the roOtS of the existing ill will grow. Med iation is not only a private proceeding bur also rotal ly confidential. No public reco rds; no items in the press. This provid es protectio n fo r not only fami ly busin ess and financial information but also fo r aspec(S which may be quite embarrassing for the parti es o r their children. Med ia tio n is usually co nsiderably less expensive fo r all parties than traditi onal liti gation. In the event med iatio n does nOt

reso lve the dispme the preparatio n in vo lved wo uld eypicaJly be necessary in o rder to litigate anyway. Las t, but certain ly not least, is the questio n of profess io nal du ey o r responsibi lity. Do yo u as a lawyer have any profess io nal obl igatio n ro counsel each cl ient in all avail able means of approaching resolution of a legal problem th ey have consulted you abou t? The issue has no t bee n liti gated ro date in Arkansas, bur, rh ete may very well be a duty, or pro fessio nal obligation to ad vise and full y inform each client of rhe va rio us processes and mea ns available under th e ADR umbrella to use in solving their problem(s} . _

Robert E. Yoes has been in privllte p ractice in Fort S mith since 1976. He is the outgoing chair of the Alternative Dispute Resolution Section.

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Tanya B. Spavins has become associated with the fi rm as the managing atto rney in the Hot Sptings Office F.G. B'idges (1866- 1959) Fcank G. B,idges,J e. ( 1906- 1973) Paul B. You ng (1920-2004) Srephen A. Maahews T ed N . Dcake

Joseph A. Strode Jack A. McNu lry

Terry F. Wynne

Michael J. Dennis David L. Sims R. Scott Morgan

3 15 East Eighth Ave. P.O . Box 7808 Pine Bluff, AR 7 16 11 (870) 534-5532

Cary E. You ng

James c. Moser, Jr. John P. Talbot Brandon C. Robinson

1401 Malvern Avenue Sui te 180 Hot Sp,ings, AR 7 1901 -6370 (5 0 I) 609-0022

Tanya B. Spavins Hot Springs O ffi ce

Vol. 42 No. 3/ Sunll11cr 2007

n" Arkansas La".yer

II


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ractice

What You Need to Know to Value a Professional Business By David R. Matthews Not infrequently profess ionals and th eir spouses in yo ur co mmunity m ay need yo ur services during a di vorce. One of the more nettlesome issues yo u will face is the proper valuation of me professional business. C hiropractors, lavvyers, d entists, phys icians, accountams. architects, and engineers all accumulate a considerable po rtion of their net worth in their busin esses. Whether you are represe nting the profess ional or the professional's spouse. it will be importan t for YO ll to gather certain financial information as quickJy as possi ble for use in estab lishing a value for property divis io n purposes. H ere are a few suggested items YOll wiH need to requ est early o n in your representation. 1. A brief written desc ripti on of the business, what markets th e busi ness se rves, and a synopsis of custo mers served. This should include a discussion of the diversity or concentratio n of the CUSto mer base, the length of relatio nship with key custom ers, and a list of known competitOrs in the relevant markets . Comm ems on rwo Or three of the most sign ificant competitors wi ll be useful. 2. C opies of th e business' tax returns (including derailed attachments and supplemental information) for the last five full years. 3. Financial statements (including income and expense statement and balance sheets) fo r (he last five full years, plus updares through the most current month . 4. Ca pital budgets or forecas ts prepared fo r the business, as well as cu rrell( and past marketing and business plans. 5. The fee schedules for the business including any nego tiated fixed fees or managed care fees for medical businesses or flXed tees for certain services with other insurance compani es such as Pre- Paid Legal or DentA-M ed. 6. Aged accounts receivables for each yea rend of rhe last five ye~lfs and for the most current month-end.

13

Th e Arkansas Lawyer

7. It will be useful to know th e total percent of co llectio ns by payors for the current yea r and each of the previous th ree to five yea rs. This is necessary in order to eval uate whether the busi ness is dependent upon one or rwo significant sou rces of revenue which might be lost if the professional lefr rhe business. 8. Accounts payable for th e year-end for each of the last five years. 9. Every office has eq uipmem . You wi ll need a detailed inve ntory of all office equipmem or other specialized equipm em urilized by the professional. 10. Detailed depreciation schedul es fo r the business. 1 1. Ir will be useful ro have an account of act ive fi les o r charts which have experi enced activiry within the last rwo years prior to rhe most currem month. 12. If yo ur professional is engaged with o th er professio nals in the business, you should obtai n a list of the other professionals and a determinatio n of each professio nal 's relative productiviry at' the busi ness during each of the last fi ve years. 13. Cop ies of all employment agreements, partne rship agreements, shareho lder agreemenrs, buy-sell agreements, co nsulting agreements, managem ent agree ments, income distriburion plans. and key man insurance policies currently in use in the busi ness. 14. Copi es of all agreements fo r pasr events involving th e sal e o r transfer of an equiry or owne rship interest in the business. H ow was rhe business valued the last tim e a professional left or got a divorce? 15. Copies of any prior valuatio n repo fts, appraisals, or other financial analys is th at has been prepared related ro the business sin ce inceptio n. 16. Co pi es of any contracts, leases o r other agreements of the business. 17. Cop ies of any mortgage agreements related to any real property owned by the

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business. 18. Cop ies of all outstanding note or loan agreements of the business. 19. Co pies of rhe Articles of Incorporatio n, Bylaws. andlo r ocher o rgan izational papers listing all owners, officers and direcrocs of

the busi ness. 20. A listi ng of all staff includ ing the type of employment. salary tides and duti es, and years of service within the business. 21. Any emp loyee policies and procedures manuals in use by the business. 22. You should determine whether the business is involved in any pending or threatened liti gatio n. 23. A description of any income distribution plans in place at rhe business. 24. If the business is a medi cal practice, a d escription of rhe cal l rotation schedu le will be useful. 25. Any marketing materials used by the business. 26. If th e professional sells any retail products or se rvices, a list of those products including price, total sales, cost of goods sold, and total number so ld for each product for th e last five fu ll yea rs should be obtained. 27. Any fin ancial statements that have been provided to any lending institu tio n for eith er the business o r the individual pro fessional within the last five years. After ga th ering this informatio n you should have sufficient information to engage the se rvices of a spec ialist in business valuations. More often than not judges are left to decide berween rwo diametrically opposed opin ions o f ex perts on the value of a professional business. To the extem you have armed yo ur expert wim the best ammuni tion availab le your chan ces of success for yo ur client are markedl y increased . _

Da'v id R. Mattbews is a partner ill the finn of Mattbews, Campbell, Rhoads, M cClure, Tbompsoll, and Fryauf, P.A. ill Rogers, Arkansas


AMERICA

COLLEGE OF TRIAL LAWYERS

The Arkansas Fell ows of the American Co llege of Trial Lawyers are proud to announce that Sach Oli ver of the Uni versity of Arkansas Law Schoo l received the George A. Spiegelberg Award as Best Oral Advocate in the most recent National Tri al Competition sponsored by the College. The award was presented in London at the College's 2006 winter meeting. Mr. Oliver, whose parents named him in honor of Satchel Paige, proved worthy of his namesake. He proved to all of the competitors that he could pitch to the big league hitters from prestigious colleges and major law school s without being scored upon. In accepting the award Mr. Oli ver described first meeting the two young women who eventuall y won the team competition: They wanted to know some country say ings that might help them relate to the jury. The fi rst one was, ' That dog won't hunt.' These girls had no earthly idea what that meant. .. . The second was Harry Truman's, ' The buck stops here.' . . . . We (Oli ver and hi s co-counsel) advanced in the tournament, and after several rounds we met up with these same two young ladies in the semi -fin al round , and I will be darned if Courtney didn ' t stand up in her clos ing arg ument , point at me and say, ' That dog won' t hunt.' She continued with very po we rful argument and at the very end wa lked over to our counsel table, touched it and sa id , ' The buck stops here.' ... Here is something I [learned] : never give advice to the oppos ing counsel, no matter how pleasant they are. After graduating from the Lellar Law Center at the University of Arkansas in 2006, Mr. Oliver entered pri vate law practice in Bentonville. The Arkansas Fell ows take pride in the signifi cant accompli shment of this Arkansas trained lawyer who has chosen to establish his practice as a trial lawyer in hi s home state and wish him well in hi s endeavors on behalf of hi s cl ients.

14

The Arbnsas La\\)'cr

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Estate and financial planners now have a new giving option to offer clients. Take advantage of tax-saving gifts to charity. For 2006 and 2007 only, Ameri cans over age 70'h can tran sfer up to $100,000 per year from an individual retirement account (IRA) into a charitable fund without first paying federal income ta x on that gift. By making the gift now, future estate and income taxes can also be avoided. So your clients can give more for less. Get personalized service from your community foundation. We'll work with you to establish the best vehicle for your client's gift. We can create a fund that meets ever-changing needs, addresses a personal cause or supports a specific agency-all in the name of your client. It's a great way to help your clients experience the joy of giving during their lifetime.

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AMERICAN COLLEGE OF TRIAL LAWYERS The Arkansas Fellows of the American College of Trial Lawyers are proud to announce that the following Arkansas trial lawyers have been inducted into the Fellowship:

Bill W. Bristow - Jonesboro David M. Donovan - Little Rock Mark A. Moll- Fort Smith William A. Waddell, Jr. - Little Rock

J . Michael Cogbill- Fort Smith Mariam T. Hopkins - Little Rock John E. Moore - Little Rock W. H. Taylor - Fayetteville

The American College of Trial Lawyers, founded in 1950, is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years u'ial experience before they can be considered for Fellowship. Membership in the College cannot exceed 1 percent of the total lawyer population of any state or province. Fellows are carefully selected from among those who represent plaintiffs and those who represent defendants in civil cases; those who prosecute and those who defend persons accused of crime. The College is thus able to speak with a balanced voice on important issues affecting the administration of justice. The College strives to improve the standards of trial practice, the administration of justice, and ethics of the trial profession. The Arkansas Fellows of the College congratu late the new members and welcome them to the Fellowsh ip. Arkansas Fellows of Ihe A m erican College of Trial Lawyers Overton S. Anderson, II路 Lillie Rock _.- Donald H. Bacon 路 LillIe Rock .. - Woody Bassell - Fayelleville ... R.T. Beard, /1/ - Lillie Rock David H. Blair - Batesville --- James B. Blair - Springdale --- Eugene Bramblett - Camden --- Phillip Carroll - Little Rock .-. Robert M . Cearley, Jr. - Little Rock --- Eddie N. Christian - Fort Smith --- Cothi Compton - Little Rock --- Walt er Barry Cox - Fayetteville -- Sidney P. Da vis, Jr. -Fayetteville .-- j ohn C. Deacon - l onesboro --- B. Michael Easley - Forrest City --- 10hn R Elrod - Fayetteville --- John C. Everell - Fayelleville .. -Spence G. Fricke - LillIe Rock --- John P. Gill - LillIe Rock .. - John Robert Gra ves - LillIe Rock --- William M. Griffin, /1/ - Little Rock --- Wayne Harris - Fort Sm ith --- Robert (Skip) L. Henry, /1/ - Lillie Rock _.. Jack W Holt, Jr. - Lillie Rock _.. Michael D. Hllckabay, Sr. - Little Rock --- Han. Bradley D. Jesson - Fort Smith --- Robert L. Jones, 111- Fayelleville --- Philip E. Kaplan - LillIe Rock --- Judson Kidd 路 Lillie Rock ---Charles R. Ledbeller - Fort Smith --- John G. Lile - Lillie Rock ---Ed Lowther - Lillie Rock --- Stephen A. MallhelVs - Pine Bluif --- Hubert S. Mayes, Jr. - Lillie Rock ---Austin McCaskill, Sr. - Little Rock .. - Rohhy McDaniel - Jonesboro --- .lame." Bruce McMath - Little Rock --- Toney D. McMillan - Arkadelphia --- Paul McNeill - l onesboro --- Han. JOllies M. Moody - LillIe Rock --- Nicholas H. PaIlOIl - Texarkana --- John V. Phelps - Jonesboro --- Odell Pollard - Searcy --- Gordon S. Rather, Jr. - Little Rock --- Elton A. Rieves, III - West Memphis --- Kent J. Rubens -West Memphis --- Donald S. Ryan - Little Rock --- Dennis L. Shackleford - El Dorado --- James M . Simpson - Little Rock --- Douglas O. Smith, Jr. - Fort Smith --- David Solomon - Helena --- William H. SUI/Oil - Utile Rock .-- Rex M. Terry - Fort Smith --- Floyd M . Th omas, Jr. - El Dorado --Frederick S. Ursery - Lillie Rock --- Eddie H. Walker, Jr. - Fort Smith --- Richard N. Watts - Lillie Rock Han . William R. Wilson , Jr. Lillie Rock --- Alan G. Wootell - Fort Smith .. 路Tilden (Chip ) P. Wright, 11/ . Fayelleville --- Charles R. Zierke - Hot Springs Village

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The Arkansas La"ycr

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Vol. 42 No. 3/ SuIl11l1er 2007 The Arkansas Lawyer

17


Richard L. Ramsay 2007 -2008 Arkansas Bar Association President by Anna Hubbard Richard L. Ramsay began his term as president of the Arkansas Bar Association this jWle. becomi ng the neXt link in a chai n of legal giants that have led this Association. "I co nsider the adminiS[rarion of the va rious presidents, beginning with President U.M. Rose in 1899, as links in a strong chai n that binds and holds together th e rule of law and rhe admjnisrr3rion of justice by rhe bench and bar in Arkansas. I hope and pray mat this year rhe link will be strong enough co withstand all fUture stress and strain and that if ever rested, it will hold in place-with the others-strong and fasL " Those were the words Rick used in his acceptance speech. the same ones his father used in June of 1964. Rick's ingrained sense of responsibility ro give back ro the legal professio n will guide his efforts this year as he wo rks to improve the overall practice of law and the Association itself Rick's father, rhe late Louis Ram say, Jr., of Pine Bluff, led the Association in 1964 and it was his hope that his so n would follow in his foorsteps. But it wasn 't until later in Rick's legal career that Louis Ramsay specifically spoke to Rick about becoming president of the Association. "I had been moving in that djrection, chairing vario us co mmittees with the goal of eventually running for president of the bar," Rick said. "My futher obviously knew I was doin g that, and right before he died, o ne of our last meaningful conversations was preny much him making me promise him that I would get th at done. I' m glad to say that I've hon ored m at req uest." Over the yea rs, Louis Ramsay had more subtle ways ofin Aucncing hi s so n such as getting him a summer job on a survey crew for [he Arkansas Highway and Transportation D epartment. T he wo rk was hor ;1nci dull an d Rick quickly realized he wanted to get a degree as a professional. "My father's unstated goal was to make sure that 1 knew that becomin g a profess ional wou ld keep me from having to do something like that," Ri ck said. "Fortunately 1 was o nl y in [hat job for about six weeks befo re I got nam ed to the AlI-Smr ream for high school 18

Thc Arbns"s La"Ycr

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"is

{above I to r} Rick wit" fam ily Elizabet" , jimbo, Clair, Alex, CblllCY, {above left} wit" "is mother Joy; (left) Rick's fa ther Louis L. Ramsay, J r.

baskerball and cou ld quir thar job." "Thank God you were rall ," Rick's wife, C lair, jokingly said. Ri ck excelled in basketball at m e college level as well. As a freshman at the University of Arkansas at Fayerreville. he played on the then freshman basketball teanl- m e Arkansas Shoats-m e o nly undefeated freshman team in the hiscory of the university. Talke Me To m e River Ri ck took up canoei ng while he was a S[Udem at the uni versity and then later turned to whi te water rafting. As with all of th e activities Rick is passionarc aoo m, he excelled in this area as well. H e has conquered some of the CO Untry's big ri vers, including the Grand Canyo n and the Salmon River in Idaho. Th is May, he co mpleted his term as president of rh e Ccmrai C hapter of the Arkansas Ca noe C lub, a recreational group active in conservation effo rts and ri ver-access issues. "My upbringing is that if yo u are going ro involve yourself in something. you should get into it with both feet and try (0 make that project be the bes t that it ca n be," Rjck said. Rick and C lair headed (0 th e Sal mon River fo r a q ui ck vacario n shortl y afte r he was

sworn in as pres ident at the Associatio n's annual meeting. Although their time on the river has been more limited lately, they head Out whenever they can. W hat started out as a hobby fo r them has turned into a big pan of their lives. Clair admits mat she had "a heal my fear of the water" when she and Rick first met, bur now she just has mo re of a respect for the river and lets herself enjoy their trips. A typical trip down a river with friends includes several rafts loaded with gear and gourmer food thar the group cooks on the ban ks of the ri ver. Clair sa id she works hard gening ready for the trip and is the packer extraordinaire, but once [hey get on the river she gets to relax. "S he reaches in her little river bag and pulls our her tiara and declares herself river princess," Rick said. C lair was excited to wear a new rhinesto ne Razorback tiara thar a fellow river buddy gave her for their most recent trip. Rick and Clair enjoy doi ng things together and are one of those uniqu e couples that also manage ro work well togethe r. C lair works as his paralegal at Eichenbaum, Lil es & H eister, a position she bega n just "tempo rarily" when he needed help over five years ago.

"I was terrifl ed at flrst because you hear so many horror stories about working with your spouse," C lair said. "But we acrually do pretty well together." Although they try leaving work at the office, she sa id it has been benefi cial for them to be ab le [Q cominue working while they are traveling. In fact, uaveling is what brought the rwo of them together ove r sixteen years ago. They met in Atlanta, Georgia, at a dinn er parry even though mey born lived in Little Rock. "I was meeting my mother and father to go quail huntin g in so uth Geo rgia, and my farher got an airline ticket that was go ing to cosr $900 ," Rick said. " I knew if I stayed over Saturday night it would be cheaper so I went ahead of rhem. I called a friend in Atlanta to see if she wam ed to meet for dinner and she invited me to a wedding party for a fri end who was gening married." Ir rurns out the wedding party was for C lair's sister, Jert Sheehy. Rick was seated next to Clai r at the dinner parry. wh ich might have been due to so me "cooking of me place cards." The parry was hosred by the late Ca rroll O 'Co nno r {aka Archie Bunker}, a fr iend of C lair's moth er. Jon Jett. C lai r's mo th er is an artist and shared a studio with Nancy O'Con nor when Ca rroll was fllming

Vol. 42 No. 3/ Surnrner 2007 The Arkansas La"yer

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Rick rowillg Clnir (top left), Alex (bottom rigbt) alld frimdr ("roug" SlI1zs"ine Rapid ill Royal Gorge, "In the Heat of the Night" outside Atlanta. "So we mer at th e Ri n CariLO n in Buckhead at a dinn er party hosted by Archie Bunker," C lair said . They we re married on March 4, 1995, and have been inseparable since. Rick is proud of his close-knit family and gets rogetl1er with th em as often as they can. His mother, Joy, and his sister, Joy Blankenship, still li ve in his ho merown of Pine Bluff. His marher has taken over as head of the family since his father's death in 2004. Rick's son Jimbo (27) , works for Cashion Co. in Lirde Rock, and his daughter, EliZ3bcth (22), JUSt graduated from the College of C harl esto n in South Carolina. Clair has twO daughters, Al ex (2 1) and C lancy (I 9), who both attend the Univers ity of Arkan sas at Fayetteville. The famil y enjoys ge rting rogcther fo r social eve nts cemered on Razo rback athletics as well as o utdoor activi20

The Arbns"s l.aI'Yer

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tics. Ri ck's siSter recendy wem with H.ick and C lair ro float rhe Salmon Ri ver.

Legal Career Rick graduated from the Uni versity of Arkansas at Fayetteville and then the Uni ve rsity of Arkansas School of Law, and he became a member of the Bar in 1977. H e began his legal practice in Pine Bluff with the firm then known as Coleman, Gantt, Ramsay & Cox. All four of those men served as president of the Association, and Rick grew up among them , especially N.j. Gamt. Louis Ramsay wou ld walk with Gantt ro work and Rick, his sister and moth er would walk over ro the Gantt's house and meet the men after wo rk. "Me. Ga ntt was a lawyer's lawyer," Rick said. "H e always had his Coa t on and butroll ed. Informal ro him was unbuttoning his

CaIlOIl

City, Colorado

coa t." Ro le models such as this helped shape Rick's ideals of what a lawyer should be. "I remembe r my father sayin g how imponan t ir was ro be a professional and to be your own boss, and th e sense of pride you have when a client would introduce yo u to so meone else and say 'this is my lawyer.' That's somethi ng that I remember very well and somethin g that appealed to me greatly. I would like to see the days when professionalism gees back [0 that level. It's not where it was in the early yea rs." Rick practiced law at the firm in Pine Bluff for thirteen yea rs before moving to Little Rock. H e joined the firm later named Grobmyer, Ramsay & Ross, which was formed by a gro up of friends from law schoo l. When Ihat firm dissolved in 2000, Rick joined ('he Eichenbaum firm , where


he does mostly commercial litigation along with so me bank, securiti es and bankruptcy work. H e has been a C hapter 7 tamee of the U.S. Bankruptcy Co urt for the Easrern and Western Districts of Arkansas since 1986. The responsibiliry ofleading the Associat ion is something R.j ck is well rehearsed for. He has been an active member of the Associario n since the ea rly days of his legal career. H e served as chair of the Young Lawyers Secrion in 1986, his firsr major involve ment in bar leadership. He later cook on the role of planning the Associarion's Annual Meeting in 200 1 and the Mid-Year Meering in 2004. The Association awarded him three Go lden Gavel Award.~ for leadership in vario us roles serving the Association. H e is a member of the Associarion's Board of Governors and previously served in me House of Delegates.

The Rule of Law Since taking office as pres idenr-e1ect des ignee ove r eighteen momhs ago, Rick has beco me eve n more involved in the Association's undertakings. "One of dle great things about the way we operate in this Association is that the president-e1 ecr and president-e1eer designee work with the president and immediate past presidem as a team of four where everyone has input in critical decisions being made," Ri ck said. "Becallse of that system , yo u have a year and half of being involved in me interworkings of the Association. The training is grea t and the fact that you are up co speed on any isslles before you get rhere is grea t. 1 have co say mat Jim Sprort was wonderful in that he always made certain that 1 was involved, and 1 got co give input on any decision he made." "Thankfully, he didn ' t always take my advice," he added. The importance of the rule of law in American sociery is the focus of the Law Rebrecl F.dllc;tted Co mmittee that Rick has bee n working on since prior to assumin g the role of president. The committee is working on an educational program that includes the developmenr of videos and programs rhat explain copies such as the importance of an independent judiciary and th e three branches of government. Volunteer members of the Associarion will present these programs at schools and eventually at civic clubs and adult educarion faci li ties. "This is a program that is another example of rhe bar doing something to benefit the general public of rhe stare in providing much-needed law related education to you ng people," Rick said. "Hopefully it will make

th em bener citize ns and more appreciative of their freedoms and rights that they enjoy." "One of me near things about the program IS mar we will have lawyers mrougho ut the state voluntee rin g in their own communities," he added. "It will help the image and reputarion of lawyers in their communiries." Ano th er project that Rick will foclls o n rhis year is finding out how co Rick and eln.ir 011 their way to the Salmon River ben er provide benefirs to Association members. "I have always thought thar one of me main that th e Bar Association puts forward. " In addition to assuming the ro le of presipurposes of the Associarion is to provide the best benefits that it can to irs mem bers. dent of this Association in June, Ri ck becam e We are go ing to co nduct a comprehensive rhe pres ident of the Southern Conference of survey of membership mat will tell us whar Bar Presidents, which will hold irs annual we are doing right and what we are doing meeting in Little Rock in October. He is wrong, what they would like to see as ben- responsible for planning the meeting, whi ch efits and basicaJly how we can improve the will include 120- 150 lawyers from the so uthAssociation's service ro rhe members. That ern states. certainly will go a long way in th e next few Professionalism, service, and responsibilyears ro help maximize those benefits to iry to rhe public. responsibiliry to rhe memmembers." bership, more young lawyer involvement Oneof the significant roles of theAssociarion - rhese are truly monumental goals set forrh president is appointing committee chairs and by the new president of me Arkansas Bar members. Rick made ir a priori ry co appoint Association. young lawyers as members and as chairs of "Today I have paid tribute to my father by the various comminees. repeating his words and in thanking you for "Since my days as a chair of the Young this opportunity co serve I adopt them as my Lawyers Section, I have always thought that own. I ask that you join me in my efforts to yo ung lawyers in the Association had a 1m add yet anOther link to the strong and fast chain of which my father spoke 43 years to offer," he said. "My hope is thar being engaged and involved at a young age will get ago," Ri ck remarked as he concluded his people mat will participate in me programs acceptance speech. _

Rick and Clair with ChiefJllstice Hannah at the swearing in ceremony

Vol. 42 No. 3/ Sullliller 2007 The Arkansas lawyer

21


Arkansas

David Walker: The Whig on the State Supreme Court By Michael B. Dougon Pre-C ivil War Arkansas politics pined Wh igs against D emocrats. Whigs, th e parry dedi ca ted to advancing modernization , failed miserably in hardscrabble Arkansas. The one llocable exception was Arkansas Supreme Co urt judge David Wa lker. A stron g W hig during the life of that parry. he became of necessity a D emocrat after the C ivil Wa r. However, in thought and deed he exe mplified what histOrians call "persistent Wh iggery." D av id Walke, (Febmary 19. 1806Septembe, 30, 1879) was bom to a family prominent in the affairs of Kentucky and Virginia. But hi s fat her, "an indulgent master and a poor fa rmer," his son recalJed, engaged in the vices co mmon among rhe Virgi ni a gentry. Forever fixed in D avid's memo ry was an all- night card game fol ~ lowed by one of the winners rid ing off with hi s pony. Wal ker's schooli ng was limited, with none betwee n th e ages of twelve and eightee n, but a clerking job for o ne uncle taught him much practi cal law. A vo rac ious reader, he mostly studied on hi s own. A combination of a failed romance and tOo many other Walkers led him westward. His trek stopped at Fayetteville, where his money had run out. Shortly thereafter, he sco red a huge success in a Co urt case that launched his ca ree r. In cOIHrast to the background from wh ich he had sprung, he avo ided panies and dances; no dice o r ca rds were ever permitted in his home. Instead, he inves ted in land and slaves. H e did retain from his Vi rginia heritage a love of dogs. Walker was renown in Arkansas poli~ tics fo r losi ng the 1840 co ngressio nal race agai nst the lege ndary and charismatic Archibald Yell . As th e two ca mpaigned ac ross No rth Arkansas, Ye ll out prayed Walker at a camp meeti ng and then out shot him at a beef shoot. Outside politics rhe two friends joined in speculations. A complex bargai n in 1848 got him elected to the sta re supreme court, where he dispensed W hig legal principles until 1855. In 1860 he suppo rted the Constitu tional Union party and the following year opposed secessio n. 22

The Arkansas Lawyer

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Elected to the Secession Co nvention, he served as its pres ident. His co nversion to secession in May 186 1 helped carry all the other no rthwest Arkansas delegates except Madiso n Co un ty's Isaac Murphy. H owever, many back hom e claimed Walker had broken his promises to the voters. The war cost Walker a son. His service on a wartim e military co urt that had handed down death sentences did nOt keep Walke r from getti ng a pardon from President Andrew Joh nso n. In 1866 he returned to the courr as chief justice. His te nure there was terminated by me Constitution of 1868, but notable was his ruling in Ha wkins v. Filkim, 24 Ark. 286 (J 866), that sustained the legali ty of Arkansas's wartime govern ment and hence wartime co ntracts and legal proceedings. During Reco nstruction the ex~Confederate opposition to the Republi cans was di vided between ex~ W higs (called Co nservati ves) an d Democrats. Only gradually did the hyphenati on end. In 1872 Walker suppo rted the Liberal Republican Joseph Bwoks for gove rnor and remained unco nvinced that winner Elisha Baxter was a legitimare governor. The Brooks ~ B ax t e r War in Little Rock was managed without his assistance. An obscure anti-tax farmer den ied a Wal ker a seat at the 1874 constitutional convemion, where his presence and legal acumen we re sorel y needed. Howeve r, he returned to rhe high co urt as an associate justice. Walker wrote the opinio n in State of Arkansas v. Little Rock, Mississippi, and Texas Railway Company, 3 1 Atk. 701 (J 877), holding void the election that had a utho ~ rized state railroad bonds. This judicial stroke el iminated one third of the state's debr. H e also co minued his o pposition to legal rights fo r women [hat had begun during his 1835 term in the las r te rritorial legislature. Repeatedly during his years o n the hi gh Co urt he invoked the co mmon law to gut Arka nsas's liberalizing statutes. Aftcr 1876 his mental and physical co ndition detcriorated, and in 1878 he res igned from coure. H is death the nexr year was du e to a buggy accident. Walker was o ne

of the few Arkansans selected for inclusion in the Dicti onary of American Biography (J 930). His most notable off-bench acco mplishm ent was a much publicized speech at the Ameri can Centennial celebration in Philadelphia in 1876. H e left behind a se,ies of autobiographical letters and much other co rrespo ndence. His daughter Mary marri ed a cousin, Jam es David Walker, who in 1879 was elected to the United States Senate. A number of homes associated with Walker family members surv ive in Fayetteville. _ Further readi ng: Lemke, Waite, J ., ed. The Lift and Letters ofJudge David V0llker of Fayetteville: Justice of the Arkansas Supreme Court, 1848- 1878. Fayetteville, AR: Washingron Co un ty Histo,ical Society, 19 57.

The V0llker Family Letters. Fayetteville, AR: Washingto n Co unty Histori cal Society, 1956. Thompso n, George H . Arkansas and Recomtruction: The [njluence of Geography, Economics, and Personality. Porr Washingto n, NY: Kennikat Press, 1976. Dougan, M ichael B. "The Arkansas Ma rried Wo man's Property Law," Arkamas Historical Quarterly, XLVI (S pring 1987), 3-26.

This article was originally published ill the Spring 2007 Newsletter of the Arkansas Supreme Court Historical Society3 Inc. For more bifonllation on tile Society contact Rod Milkr, Arkansas Supreme Court Historical Society, Justice Building, Suite 1500, 625 Marshall Street, Little Rock, Arkansas 72201; Email: rod.miller@ arkansas.gov; Phone: 501-682-6879. CORRECTION: A biog"phical sketch of Supreme Courr Justice George Rose Smith rhat appeared in the Spring 2006 issue of The Arkansas Lawyer referred to U. M. Rose as Un ited States Attorney General. Althou gh many urged Pres ident G rover C leveland ro appoinr Rose as his atto rn ey general, th e post ultimately went to another candidate.


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23


2006-2007 Arkansas Bar Association/ Arkansas Bar Foundation Annual Award Recipients Photos, top to bottom: Philip E. Kaplan, Ben E. Rice, Richard F. H atfield, Justice Robert L. Brown and Robert M. Ford PHIUP

E.

KAPlAN

OUTSTANDING LAWVER AWARD

Tlu Outstanding Lawytr Award is givm ill ruognition oface/knee in tbt practiC( of law and olltstanding contributions to the profes-

sion. To be recognized by one's peers as outsta ndin g in the work we all do is olle of the highest ho nors one may receive. The Outstanding Lawyer Award is given in recognition of excell ence in [he practice of law and outstanding contributions [0 the profession. Throughout his caree r, Phil Kaplan has brought honor to rhe legal profession. Phil is an Arkansan by choice. From University of Harvard University ro Michigan School of Law, Phil began his law practice in Arkansas in 1968. His abili ty and sleWs as a triaJ lawyer are well known. H e left a mark in his work with the lo ng standing Litde Rock school desegregation litigation, taking the case because it was the right thing ro do. For almost a decade, he served as a member of a tea m of 3norneys under federal civil appoimmelH represeIHing the inmate population of the Arkansas penitentiary systems [Q bring under co ntrol th e existin g ab uses in me sys tem. These are juSt MO of many exam ples of ways Phil has made an hisroric impact on the Arkansas legal profess io n and the li ves of man y Arkansans. Phil is also a dedjcated member of th e Arkansas Bar Association and Arkansas Bar Foundation. serving in leadership roles fo r both organizations over the years. Phil

me

24

The

Arkansas Lawyer

www.arkbar.com

served the Associatio n as Parliamem arian and men C hair of the Association Executive Coun cil, and as a member of the Board of Governors and H ouse of Delegates. H e is a Fellow of the Arkansas Bar Foundation and served the Foundation on its Board of Directors. H e is a member of ABOTA as well as the American Academy of Appellate Pranice. A number of attorneys nominated Phil for this award. They each provided personal testimonies of how he truly is oU[5tanding in hi s profession. H ere is an example of one quote from Phil's nominators: " H e is a lawyer's lawyer and sy mbolizes mat as o ne who has devoted himself to the profession as an advocate in me best sense of the word."

BEN E. RICE OlTfSTANDING LAWYER-CITIZEN AWARD

The Outstanding Lawyer-Citizen Award is given in recognition of olltstanding participation ill and for excellent performance of civic responsibilities and for demonstrating high standards ofprofessional competence and conduct.

As stated by his nominator, "Ben Rice has very often placed community advancemem above perso nal gain during his 43 years of law practice." T his statement is evident by the many com munity-based accomplishments that Ben has led to fruition_ Through his activities in the Jacksonville Jaycees, he fi rst became involved in com-


munity projects. The most signifi cant project at that time was the establishm em of the Jacksonville Boys Club. He was [he charre r president when funds were raised co enable the club to open its doors. He cam e back years later as presidenc to supervise the CO I1sITucrion of a new club facility and made the motion co change the name to Jacksonville Boys and Girls Club. His involvemenr did nor StOP th ere. He was president of [he Jacksonville Elderly Activities program and worked with UA W organizations o n the co nstruction of Jackso nville Towers, a 100-unit housing fucilicy for [he elderly and physically challenged. He served as president of rhe Little Rock Air Force Base Hiscorical Society and worked for more than 20 years to help es tablish the Jackso nville Museum of Militacy History. As Jackso nville Cicy Attorney, Ben oversaw the codification of city ordinances and became involved in significanr litigation relati ng to the expansion of the city warer system.

RI CHARD F. J AMES

H.

HATFtELD

M CKENZIE P ROF£SSIONAUSM AWARD

The Janus H. McKenzie Pro/esrionaiism Award recognizes sustained exullence through integrity. character and leadership to the profession Iwd the cOnlrmmity which gl1rners the highest honor to the profession. Throughout his ca reer, Dick has exemplified the characteristics of sustained excellence through imegriry. character and leadership to the profession and the communi ty. His active involvement in the legal profession is evident in numerous ways. He se rved the Arkansas Bar Associacion as its President, C hair of the Executive Council, Chair of the Probate Law Section and Prepaid Legal Services Committee as wel1 as C hair of the Young Lawyers Section at the beginning of his career. He has authored articles for The Arkamas Lawyer. instructed Co ntinuing Legal Education co urses, and is a Fellow of the Arkansas Bar Foundation. He has served as a Special Justice for the Arkansas Supreme Court and continues to serve on the Arkansas Supreme Court Comminee on Professional Co ndu ct.

In the co mmunity. he has been active in the West Memphis, Searcy and Little Rock Rotary Clubs, President of the Un iversity of Arkansas Alumni Association, and served on the Board of DirectOrs of the National Co nference of C hristians and Jews in the mid-80s. He was recog nized with the O utstanding Discussion Leader Award by rhe Arkansas Society of Ce rtified Public Accountants and se rved on the Literacy Council of Central Arkansas. As stated by his nomi natOr, Dick is deserving of this award for "his ge nuine love of the legal profession. He has been an incredible ambassador for all practicing lawyers for 39 years with an unsurpassed reco rd of excellence." J USTICE R OBERT

C.E.

L.

Council; Court rep resentative to Sup reme Court Board of Law Examiners; President of the Wi lliam R. Overton Inn of Court; and a member of the Pulaski, Arkansas and American Bar Associations as well as a Fellow of the Arkansas and American Bar Foundations.

R O BERT M. FORD EQUAL J USTICE D,STINGUISHED SERVICE AWARD

A statewide award was developed several years ago to recognize commitment 10 and participation in equal justice programs for the poor, includingpro bono efforts through legal services programs.

B ROWN

RANSICK AWARD OF ExC£LLfNCE

Th, C. E. Ramick Award of Excellence was created to recognize outstanding contributions to the profession. Justice Brow n is an extraordinary public servant on the Arkansas Supreme Co urr. serving in this position since 1991. He has recently emered his third eight-year term on the Court. His landmark decisions include the termlimits for United States Representatives and Senators, and a decision ruling Arkansas' public school funding inadequate and unfair. Prior to his election to the Co urt, he worked as a Prosecuting Attorney, legal aid to the Governor, legislative aide to a United Srates Senator. admin istrative assistant to a United States Congressman and he practiced law. He has wrinen numero us law review articles for law jou rnals as well as co ntributin g articles to The Arkansas Lawyer, Arkansas Times and Arkansas Business. He is a frequent speaker on legal matters, including independence of the judiciary. Throughout his distinguished career, he has con tinued to support his alma mater, Sewanee. Following his und ergraduate work th ere in English Literature, he received his Masters in English and Co mparative Literature from Columbia University an d received his law degree from the University of Virginia. He has served his profession in a va ri ety of ways including as a member of the Board of Directors of the Arkansas Judicial

The Equal Justice Distinguished Service Award is given this yea r by the Arkansas Bar Association and the Arkansas Bar Foundation to Robert Ford of Wynne, Arkansas. Robert vo lunteered over 101 hours of pro bono service ro needy client in northeast Arkansas in 2005. He has led by example such as in the forming of the Equal Access to Justice Panel in the Cross County Bar Association in 2002. Robert's actions have resulted in an almos t 100% participation rate by members of the Cross County Bar in pro bono work. He is known throughout the state as a zealous advocate for all his clients. A colleague once remarked of Robert: "Bob is intensely dedicated to every cliem, in every case, every time. In terms of co mmitment and zeal, there is no difference in a million dollar lawsuit, and a case in which he stands to make no money, bur will help someone who needs help .. .I think he takes more pleasure and pride from the right he gains for the ones who would not have otherwise had it." •

Vol. 42 No. 3/ Sununer 2007 The Arkansas lawyer

25


La\I\Yer Disciplinary Actions Final actions from March 17, 2 007, through june 20, 2007, by the Committee on Professional Conduct. Smmnaries prepared by the Office of Professional Conduct. Full text documents a re available oll-li"e at http://courts. state,ar.lIs/courtsl cpc. html. {Note: l'Moder ' Rules refers to the Rilles of Professional COllduct as they existed ill A rkansas p rior to May 1, 2005. "Arkansas " Rules refers to the R ules as they exist itl A rkamllS from May 1, 2005.J SUSPENSION: N ORMAN DAVlD ANG ELERI . Bar No. 2002040. of Co nway. Arkansas. was suspended fo r [Wel ve (12) momhs by Commince C onsenr Findin g.... & Order filed April 2. 2007. o n a Judicial Co mp lain< by United States Chief Bankruptcy Judge Audrey Evans in Case No. 2006·043. for violation of Ru les 1. 1. 3.2. 3.4(c). 8.4(c). and 8.4(d). As a fairl y newly-licensed (2004) and inexperienced arrorney, Mr. Angeleri accepted empl oymclH in 150 new bankruptcy cases in a [\-'10 week period prio r ro O ctober 17.2005. including approximately 107 new cases the weekend before O ctober 17.2005. all to be fi led befo re the new bankruptcy law we nr im o effect on Ocrober 17.2005. H e did not have staff suffi ciem (Q properly handle the intake, preparatio n, and filin g of th ese cases, or the proper and timely mainrenance of th ese cases after fil ing. As a result, major problems occurred in many of his new cases. T he bankruptcy clerk's office and the trustee's offi ce were required to spend much

time and effo rt trying to hel p him get his cases properly fi led, often witho ut success. Several of his clients had their cases dismissed due to problems he caused . Several al most los t their right to seek pro tection under th e bankruptcy law and to obtain a discharge of el igible debts. Judge Evans determined it was necessary to conduct a hearing on February 6, 2006, to review the status of and problems in eight (8) of M r. Angeieri's many pending cases. Narratives describing deficiencies for each of these eight cases are in th e hearing transcript included in the Complaint. Judge Eva ns fo und that Mr. Angeleri violated Bankruptcy Rule 1006(b) by accepting payment of attorn ey's fees from cl iems prio r {Q payin g th e fi ling fees and by ma1cing fa lse statements in his peti rion filings as (0 WIH: t.Ilt: r he had accepted payment fo r se rvices at the time. As a result of her ex aminatio n of these cases, Jud ge Evans o rdered Mr. Angcleri to disgo rge ro the C hapter 7 trustees all legal fees paid to him in th ese eight cases. M r. Angeleri respo nded to th is complaint. and others arising fro m sim il ar circumstances, that he accepted full res ponsib ili ty fo r his actions and th e results, mat he was experiencing perso nal health prob lems duri ng this tim e, that he was unaware at the ti me of his filing of the many bankrup tcy petit io ns that the first funds he received from a client had to be applied to th e bankruptcy filing fees, and that he had made resti tutio n as ordered to his affected clients.

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26

The Arkansas la"ycr

• • • • •

Lender Liab ility Lending Policies and Practices Commercial & Real Estate Lending Construction Lending Fed eral Ban king Regulations

For consultation contact: Dan Wojcik (501) 590- 1090

www.arkbar.com

NORMAN DAVID ANGE LERI . Bar No. 2002040. of Conway. Arkansas. was suspended for six (6) mo nths by Co mmittee Consent Findings & Ordet fi led April 2. 2007. o n a Judicial o mplaint by United States Bankruptcy Judge Jam es M ixon in Case No. 2006-065. for violatio n of Rules 1.1 5(a)(4). 3.3(a)( I ). 8.4(c), and 8.4(d). Lisa Binns hired Mr. Angeleri on or about O ctober 13. 2005. to file a Chapter 7 bankruptcy petition for her. By check she had paid him a total of $559.00 by O ctober 14. 2005. including $209 for her fi ling fee and $350 for his atto rney's fee. H e fi led her Chapter 7 petition on O ctober 16. 2005. and filed fo r her an Appl ication to Pay Filing Fee in InS[a1 lments, falsely stating she was presently un able to pay the $209 fili ng fee, altho ugh she had paid him the full filing fee seve ral days earlier. Even after a no ti ce of non-payment to Mr. An geleri by the C lerk, he failed to pay her fi li ng fee by the time of her first meeting of creditors o n November 28, 2005, resulting in the dismissal of her case th at date fo r failure to pay the filing fee. On D ecember 9, 2005, he fLIed a mo tio n to rei nstate her case and paid her $209 filin g fee by D ecembet 12. 2005. H er case was rei nstated and on March 16, 2006, an Order was entered granting Ms. Bi nns her C hapter 7 discharge in bankruptcy. She thereafter wrote Judge Mixon about her case, causing hi m to file an O rder April 12. 2006, to reopen her case, when questio ns were raised abo ut Mr. Angele ri 's co nduct in representing Ms. Binns. A hearing was conducted April 2 1, 2006. at whi ch Ms. Bi nns and Mr. Angcleri tes tified . Judge Mixon's Order from the hea ring addressed Mr. Angeleri's condu ct, incl udin g finding mat he made a false statement to the Court in fil ings in the Binns case with regard to th e payment statuS of her filing fee. His testim ony at the Apr il 2 1. 2006. hearing ind ica ted he did no t use pro per trust accou nti ng proced ures for his atto rney trust ::lecount, having no documentati on by which he co uld track payments made by specific clients that were deposited into his trust account, and no ledger sheets, o r equi valent docum entati on, by which he could accurately determin e th e scams of any individual cliem's funds held in hi s trust acco um.


I

La\l\ycr DisciplinalY • (tions

: , NORMAN DAVID ANGELERI. Bar No. 2002040. of Co nway. Arkansas. was suspended for six (6) months by Committee Co nsent Findings & Order filed April 2.

2007. on a Judicial Complaint by United Stares Bankruptcy Judge James Mixon in Case No. 2006-066. for violation of Rules 1.1 5(a)(4). 3.3(a)( I) . 8.4(c). and 8.4(d).

discharge in bankruptcy. By Order entered

April 17.2006. Mr. Angeleri was ordered ro paid Ms. Ersery a total of $ 1,200 in various fees, which he did by rwo checks issued to

her in April 2006. Judge Mixon then co ndu cred anoth er

hearing on May 8. 2006. ar which Mr.

Consent Findings & Order fil ed April 2. 2007. on a Complaint filed by Pamela Cox in Case No. 2006- 106. for violation of Rules I. I 6(d) and 8.4(c) . Pamela Cox of Russellville hired Mr. Angeleri on November 28. 2005. and paid him a partial fee payment ($ 175) to f~ e a Chapter 7 bankruptcy petition for her. By

Dionne Ersery hired Mr. Angeleri on or

Angel eri testified about th e Ersery marter. Mr. Angeleri made fal se statemems to the

about September 15. 2005 . to file a Chapter

Courr in filings in th e Ersery case with regard

February 27. 2006. she had paid Mr. Angeieri a total of $400. his tOtal quoted fee of $350

7 bankruptcy petition for her. By check she

to the paymenr status of her fi ling fee. Mr. Angeleri's testimony at the May 8, 2006,

plus the $50 required credit counseling fee. He never fi led her peririon. Mr. Angeleri

hearing indicated he did not use proper

closed his Little Rock office and she was

paid him a (Otal of $559.00 011 September 15.2005. which included $209 for her filing fee and $350 for his attorney's fee. per his

trust accounting procedures for his attorney

thereafter unable to locate or co ntact him

Attorn ey Fee Agree mem with her of that

truSt accoum, having no documentation by

abour her legal matter.

date. On October 16. 2005. he fi led her Chapter 7 petition . which did not contain

which he could track payments made by

In August 2006. she hired Little Rock attorney C larence Cash ro f~e her Chapter 7. which he did on August 7. 2006. Mr.

specific clients that were deposited into his

her signature on the petition , as required by

trust account, and having no ledger sheets,

Bankruptcy law and regulation. Mr. Angeleri

o r equivalent documentarion . by which he could accurately determine the stams of any

has not produced an original petition signed

by her from his file. On October 16. 2005. he filed for her a Statement Pursuant co Rule 2016(B). stating he had received $350 from her as his legal fee, bur nothing on her filing fee . The statement about having received nothing from her on the $209 filing fee was a knowing. false statement by Mr. Angeleri. as he had received the $209 for the filing fee in her check on September 15. 2005.

individual diem's funds held in his trust accoum.

NORMAN DAVlD ANGELERI. Bar No. 2002040. of Conway. Arkansas. was suspended forrhree (3) months byCommirree

Angeleri promised to make a refund to her,

and finally sent a check for $175 ro her through M r. Cash on August 3 1. 2006. That check was replaced by Mr. Angeieri 's personal check #1118 for $350.00 dated September 12. 2006. which Mr. Cash forwarded to Ms. Cox on September 20. 2006.

Even after a no dce of non-payment to

him by the Clerk in the Order Regarding Deficiencies dated Ocrober 20. 2005. Mr. Angeleri fa iled to pay her filing fee. resulting

ELECTRICAL ACCIDENTS

in the dismissal of her case by Order on

Paul D . Mixon, Ph .D., P.E.

December 12. 2005. On December 22.

Engineering Consu ltant P.O. Box 3338 State University. AR 72467 (870) 972-2088 (870) 972-3948 FAX

2005, Mr. Angeleri filed a motion

to

re instate

her case, claiming her filing fee was by then paid. Her motion to reinstate was to be heard

on February 7. 2006. but Mr. Angeleri and

pmixon@astate.edu

she fai led to appear and the Court denied the mo ti on. A Jetter from Ms. Ersery was

pa uL m ixon@yahoo.com

received by Judge Mixon on February 24.

Accident I nvestigation and Anal ysis

2006, outlining problems she had with Mr. Angeleri and her case, and informing him of her paymem history with Mr. Angel eri.

Contact Cases and Electrocutions

On February 28. 2006. her new counsel.

• Electrical Injuries • Propetty and Equipment Damage

ro reins£3te her case and a motion for Mr.

• •

Angeleri to disgorge attorney's fees. A hearing

• Expert Witness

conducted on April 12. 2006. ar which Ms.

the Dickerson Law Firm , fil ed a motion

Ersery testifi ed, resulted in the emry of twO

Electrical Fires Safety Code Compliance

Disputes SetrIed

Orders. On April 18. 2006. an Order was emered grantin g Ms. Ersery her Chapter 7

Vol. 42 No. 3/ Sulluller 2007 The Arkansas La"Yer

II


,

i

La\o\Yer Disciplin;'IIY Actions NORMAN DAVID ANGELERl, Ba r No. 2002040, of Co nway, Arkansas, was suspended fo r three (3) months by Comminee Co nsent Findings & Order filed April 2. 2007. o n a Com plaint fi led by T ommy Bates in Case No. 2006- 123, fo r

vio lation of Rules 1.1 , 1.3, 1.1 5(a), 1.1 5(b), 3.4(c), 5.5(a), and 8.4 (c) . M r. Angeleri was a fairly newly- licensed ano rney when Tommy Bates employed him in August 2004 ro represent Bares in a personal injury clai m. M r. Angeleri se ttl ed Mr. Bates' claim in

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Nove mber 2004 fo r $7,250.00. Mr. Bates did not recall seeing or receivin g a serd emenr sheet or accounting fro m Mr. Angeleri at the time, when he rece ived his "net share" $ 1,27 1.50 check from Mr. Angeleri , a check that d id nor appea r [Q be o n Mr. Angcleri's trust aCCo unt . M edical bills from th e co ll isio n did nor get paid by Mr. Angeleri. as Mr. Bares thought was 10 happen. Mr. Ba res consulted with anorher attorney an d then filed a comp laint aga inst Mr. Angeleri in late November 2004. Mr. Bates was info rmed Mr. Angcleri 's Arkansas law li cense was no t in "good s[3 nd ing." Mr. Angeleri 's 2004 Arkansas law li cense fee, du e March I, 2004, was not paid unti l Jan uary 27, 2005. Since hi s Arkansas law li cense was therefo re auto matically administratively suspended o n M arch 2, 2004, for no n-payment, Mr. Angeleri's actio ns for Mr. Bares in 2004 constirured the un autho rized practice of law at the ti me. M r. Angcleri iss ued th ree checks to pay Mr. Bates's bills. T hey we re truSt acco unt check # 11 2 1 dated 1-3 1-05 Fo r $ 100.00 to Fr. Sm ith EM S, und ated law firm check # I 005 fo r $692.50 ro Ft. Smith EMS, and undated law firm check # I 006 For $62.00 ro Radiology Svcs, P.A. The idenri cal account number on all three checks indica ted they were on Mr. Angeleri 's trUSt acco unt, altho ugh # 1005 and # 1006 do no t indica te o n the face of each check that they are drawn o n a clea rlyidentifi able trust account, as required by AR M odel Rule I. I 5(a). After bein g contacted by letter dated January 18, 2006, by the Office of Professio nal Conduct, Mr. An gcleri respo nded wi th a M emo dated February 15, 2006, in wh.ich he offered an ex planari on for the eve nts in the Bates matter. Mr. Angcleri's explanatio n included th e Statement th at ''the $697 is in the trust account awaiting wo rd fro m Mr. Bates as ro whom it should be iss ued to. " O n Apri l 28, 2006, Mr. Angeleri faxed the O ffi ce of Profel;s innal Co nduct a Bates se ttlemenr sheet Mr. An gele ri had prepared at so me da te. The sheet shows $697 due to "Sterling Insurance." After further co mmuni cation involving Mr. Bates, the Office of Profess io nal Cond uct, and M r. Angeleri , M r. Angele ri determ ined that he shou ld se nd M r. Bates a $697 check


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to clear up the settlement money issue. His check # 1086 to Mr. Bares dated Jun e 14, 2006, for rhe $697, on what appears to not be any trust account, was deposited [\Vice by Mr. Bates and dishonored for insufficient funds both times. On Ocmber 5, 2006, Mr. Bares finally received rhe last $697 which Mr. Angeleri admitted should have been in his trUSt account and have been distributed ea rl ier to eithe r Mr. Bates or one of his third parey providers. TIMOTHY ALAN GINN, Bar No. 93108, of Marion, Arkansas, was suspended for six (6) months by Committee Consent Findings & Order filed June 15,2007, on a Complaint filed by R. Jeffery Kelsey in Case No. 2007-032, for violarion of Model Rules 3.4(c) , 5.5(a), 8.4(a), and 8.4(c). Federal Express employed Ginn to represent it in commercial lawsuirs. On October 31, 2006, Ginn's employment with Federa1 Express was term inated when he proffered, and Federal Exp ress accepred, his resignat ion. Ginn res igned because his Arkansas attOrneys license had been administratively suspended on ovember 23. 2004, du e ro his failure to obtain the req uired hours of continu ing legal education. Ginn did not report this faCt to his supervising anorney at Federal Express until Ocrober 25, 2006. Fu rther investigation revealed that Ginn's annual law lice nse fee to the Arkansas Supreme Comr, due by March 1 each year, was nO( paid for 200 1 until June 15 . 2001. Ginn practiced law in

United States District Court during this time period when his Arkansas law license was administratively suspended. TIMOTHYMARKHALL,BarNo.96043, of Huntsville, Arkansas, was suspended for th ree (3) months, ordered to pay restitution in the amount of $2,500.00 and a fine in [he amount of $1,000.00 by Commitree Find ings & Order fi led May 2 1, 2007, on a Co mplaint filed by Marlys and Don Ball in Case No. 2006- 107, for viol arion of Rul es 1.1 , l.2(a), \.3, 1.4 (a)(I ), 1.4(a)(3), 1.4(a)(4), 1.16(d) , 3.4(c), and 8.4(d). Me. Hall was hired to rep resent M,arlys and Don BaJJ in a legal maner invo lving real propercy. Me. and Mrs. Ball were landlocked and hired Mr. Hall to assist them in obtain ing rel ief. Mr. and Mrs. Ball bad previously had access to their propercy which had become blocked by a locked gare. Me. Hall agreed to assist rhe Balls. He advised rhem rhat he could obtain assistance for them in approximately twO (2) weeks. Mr. Hall was paid $2500 for the represenration on December 22, 2005. That was the last occasion the Balls were able to speak with Mr. Hall. He did not rerurn telephone messages and did not respo nd to co rrespondence left for him. In addition, Mr. Hall did nOt sign for the certified lener sent to him by Me. and Mrs. Ball. Me. Hall did not act diligently for th e Balls. Furrher, Mr. Hall did not return the phoros delivered to him by Mr. and Mrs. Ball nor did he refund any of the advanced payment of fee

si nce the Balls hired other counsel ro ass ist them with their legal iss ue. Mr. Hall did not pay his 2006 annual license fee until May 18, 2006. As such, he violated Rule Vl I of the Rules Governing Admission to the Bar of Arkansas. He also was prohibited from assisting Mr. and Mrs. BaH from Ma rch 2, 2006, until May 18, 2006, while his li cense was suspended. He did not advise the Balls of this fact. STEPH EN LEE LEWIS, Bar No. 20031 12, of Calico Rock, Arkansas, was suspended for three (3) months by Co mmittee Findings & Order filed May 14, 2007, on a Complaint by Mindy Franks in Case No. 2006-159, for violation of Rules 4.4(a) and 8.4(c). Mr. Lewis altered a file-marked copy of a final divorce decree in rhe case of Mindy franks v. Tommy Frallks. Izard Circuit No. DR-2004-191-4, added an unauthorized provision related ro child care to it. and presemed the altered divorce decree ro th e Calico Rock school authorities as a genuine orde r. In response to a letrer from the Office of Professional Conduct, on November 10, 2006, he responded in writing bas ically admitting his conduct as alleged in Mindy Franks' Affidavit and attached exhibits. JAMES W. STANLEY, Bar No. 75 124 , of Little Rock, Arkansas, was suspended for five years by Committee Findings & Order filed April 24, 2007, in Case No. 2007024. This reciprocal discipline was soughr

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Actions by the Committee pursuant to 14.A-B of the Procedures of the Arkansas Supreme Coun Regulating Professional Conducr of Artorneys at Law. Both rhe Social Securi ty Adminisrration (SSA) and the Department uf Veteran Affairs (VA) notified the Office of Professional Conduct of disciplinary act ions taken against Stanley. The SSA suspended SranJey from practice before it for five years on May 22, 2006, and Stanley's accreditation to practice before the VA was cancelled on OctOber 10, 200 I . The basis of Stanley's suspension before rhe SSA was its determination that he had ( I) charged, collected, and retained fees in violation of SSA's rules; (2) deceived or knowingly misled his client about benefits or other rights under the Social Securiey Act; and (3) knowingly made false or misleading starements of material fact concern ing fee matters within SSA's jurisdiction. The basis for the cancellation of Stanley's VA accreditation was that Stanl ey had received illegal fees from four veterans for representation of them before the VA.

REPRIMAND: NORMAN DAVID ANGELERJ , Bar No. 2002040, of Conway, Arkansas, was reprimanded by Comm ittee Consenr Findings & Order filed April 2, 2007, on a Complaint Flied by Jennifer Rivas in Case No. 2006-072, for violation of Rules 1.16(d) and 8.4 (c). Jennifer Rivas of Linle Rock hired Mr. Angeleri on December 3, 2005, to file for a divorce for her in Saline Cou ney. He quoted her a fee of $350 plus the filing fee. By Januaey 25, 2006, she had paid him a tOtal of $520, as shown by her checks and receipt. On January 5, 2006, he filed her Complaint as Saline Circuit No. DR-200615- 1, and paid a $ 140 filing fee. After her last paymem to Mr. Angeleri on January 25, 2006, she was unable to make contact with him to learn anyth ing abour her case. She retained the services of attorney Wi lliam Cavena ugh in mid-April 2006, who filed an Amended Co mplainr for Divorce May 11 , 2006, and th ereafter represemed her. She had to pay Mr. Cavenaugh an add itional $240 to com plete the legal work she paid Mr. Angeleri in full to do. Mr. Angeleri

abando ned Ms. Rivas and failed to complete the legal se rvices for wh ich she paid him in full. NORMAN DAVID ANGELERl , Bar No. 2002040, of Conway, Arkansas, was reprimanded by Comminee Consent Findings & O rder filed April 2, 2007, on a Judicial Co mplaint by United Scates Bankruptcy Judge James Mixon in Case No. 2006-164, for violation of Rules 1.2(a), 1.3, 1.1 6(d), 3.3(a), and 8.4(c). Angela Segan employed Mr. Angeleri on September 3, 2005, ro file for her both a divorce in Pope Couney and a Chapter 7 bankruptcy petition. She paid Mt. Angele ri $700.00 on that date, $175 on September 15, and $ 175 on Ocwber 6, for total payments of legal fees and COsts of$ 1,050. The rotal for the divorce was a legal fee of $350 and esti mated cons of about $140. The rotal for the bankruptcy was a legal fee of $350 and a filing fee of $209. Mr. Angeleri neve r filed a divorce action for Ms. Segan. Her est ranged husband finally got tired of waiting, and he engaged an atw rney and filed the divorce on March 28, 2006, as Pope Circuit No. DR-2006-225 . Her husband paid all COStS and fees associated with the uncontested divorce. and a decree was filed April 27, 2006. Mr. Angeleri filed the Chapter 7 petition for Ms. Segan on October 16, 2005, as No. 05-bk-28543. Even though by that date she had paid Mr. Angeleri his full legal fee and the full filing fee, he filed an application to pay her filing fee in installments, in violation of Bankruptcy Genetal Rule 1006(b). The Statement Pursuant to Rule 20 16(b) Mr.

Angeleri filed for her on Ocrober 16, 2005, falsely stated ro the Court that "$0.00 of the filing fee in th is case has been paid. " Mr. Angeleri paid the filing fee on Nove mber 20, 2005. Ms. Segan received a discharge on May 2, 2006. This matter was brought to the attention of the Office of Professional Conduct (OPe) when United States Bankruptcy Judge James Mixon sem OPC th e transcript of cerrain proceedings on Apri l 14,2006, in the Segan case. T he Office of Professional Conduct sent Mr. Angeleri a letter on August 26. 2006, with an October I, 2006, response due date, asking him about Ms. Segan's matters. O n October 5. 2006, Mr. Angeleri sent Ms. Segan a $490 refund by money order for the fee and costs of her divorce he did not file. Mr. Angeleri contends that their initial agree ment was that he would not fil e for her divorce until after her bankruptcy was completed. WlLLlAM GLEN HOGGARD, Bar No. 2000064, of North Little Rock, Arkansas, was reprimanded and fined $500.00 by Com mittee Findings & Order filed May 3, 2007, on a Per Curiam Order Co mplaint in Case No. 2007-008 fo r violations of Rules 1.3, 3.4(c) and 8.4(d). The Arkansas Supreme Co urt referred Mr. Hoggard to rhe Committee in a Per Curiam deli vered on January 4, 2007, wherein they granted his Motion to File a Belated Appeal. The referral was in the case of Virginia Totten Werts v. Arkansas Department of Health and Human Services. The Arkansas COUrt of Appeals had dismissed the appea l during

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October 2006 based o n Mr. H oggard's failure to file a brief after num erous extens ions of ri me (Q do so. After the appeal was dismissed , M r. H ogga rd filed a Pecicio n co Rehear rhe Decision to Dismi ss th e Appeal. The Co un of Appeals deni ed his Petition. The Supreme

co nsidered rhe Petition and treated it as a M otio n fo r Belated Appeal. I[ was granred and M r. H ogga rd was directed to fi le a brief wichin cen (IO) days of the dace of the Per C uriam . M r. H ogga rd did file a brief as direcced . Ini tially Mr. Hoggard fa il ed CO Uft

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to fil e a brief in the Wercs appeal by rhe final ex tension gram ed him until April 10,2006, and he d id noc fi le any pleadi ngs o n behalf of Ms. Wercs from March 10, 2006, when he requested add it io nal time to file a brief. unci l Nove mber 13, 2006, when he so ughc to have the appeal reinstated fro m the Co urt of Appeals' dis missal for his fa ilure co fil e a brief. M r. H oggard 's failure to file a bri ef fo r his client by th e fi nal ex tensio n resulted in the Arkansas Court of Appeals' dismissi ng the matter and crea ted th e need for additio nal pleadings and acti o ns by the appellate courts in o rder to reinstate the appeal. Further, his failu re to be certain that he fi led a brief o n behalf of his cl ient by the date given as a fi nal extension o r within the fo llowing ~ ix months before: the: Coun of Appeals dis missed the appeal created unnecessary delay in the appellate proceedin g and crea ted the need fo r the Co urt to ex pend add itio nal time and effo rt whi ch would not have been necessary oth erwise.

$1.20 per agate line W ILLIAM M . H OWARD, JR., Bar No. 87087, of Pine Bluff, Arkansas, was reprimanded and fi ned $500.00 by Co mmittee Co nse nr Findings & O rder fi led June IS, 2007, o n a rer C uriam Order Complai nc in Case No. 2007-002, fo r vio lacio n of Rules 1.3 and 8.4(d). Mr. H owa rd represe nred Leeotis Sims o n an appeal fro m a co nvictio n in C lark Coun ty C ircuit Court. M r. H owa rd tendered [Q the Arkansas Supreme Court C lerk a reco rd of the circuit court proceedin gs 0 11 the 98 th day followi ng the filing of the no ti ce of appeal. D es pite being nocified in Sepcember 2006 rhar he mUSt fi le a mm io n fo r rule on the clerk, Mr. H oward did nOt file the motio n until December 2006. O n January 4, 2007, the Arkansas Sup reme Co urt geam ed the motio n and referred the matte r to th e Office of Profess ional Co ndl lcr.

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RI C HA RD JARB OE, Bar No. 69038, of Wal nuc Ridge, Arka nsas, was re primanded by Co mm ittee Consent Find ings & O rd er fi led April 23, 2007, o n a Per C uria m O rd er Co mplaint III Case No. 2007-022, for violat ion of


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Rules 1.1 and 8A(d) . Jarboe filed a notice of appeal for his diem , John Oero Downing, Jr. , in the case of John Otto Downing, Jr. vs. Stau of Arkansas, Case No. CAC R06-727. The nmice of appeaL however. was from th e April 6, 2006, conditio nal plea of guil ty rather than from th e April 6, 2006, judgment and commitment order. as requ ired by Ark. R. Crim. P. 24.3(b) (2006) . Following the State's Motion to Dismiss, Jarboe fi led a Motion fo r Belated Appeal with the Supreme Court. O n March I, 2007, the Supreme Court gramed th e Motion. PHILLIP A. MOON , Bar No. 84109, of H arrison. Arkansas, was reprimanded and ordered ro pay restitucion in the amOU !H of $60,000.00 by Committee Conse nt Findings & Order filed May 29,2007, o n a Complaint filed by C. Brian Meadors, Esq. in Case No. 2006- 14 1, for vio latio n of Rules 1.1 , 1.1 5(a), 3A(c),4A,and 8A(d). Mr. Moon represented Wayne and Beverly Cotner in a legal rnaner involvi ng Mani and Dale Benedi ct of Fayccrcville. wh o wefe small business owners, in a 1990 transaction in which the Cotners were sellin g real propercy to the Benedicts. a transaction which required an escrow agenr fo r $40,000 deposited in escrow by the Benedi cts, the buyers. Moon acted as that escrow agent, and thereby assum ed fiduciary responsibilities to the Benedicts. Moon breached his duties to the Benedicts in 1991 by negligencly releasing their funds eo th e Com ers when Moon should nor have and after the BenedictS instructed him nor to , informi ng Moon the co ntract at issue was in dispu te. This act cost the Benedi cts

most of the $40,000, when the Corners later rook bankruptcy after the Benedicrs sued them and Moon. The balance of the escrowed funds has not been recovered. The Benedicts sued Moon in Washington Circuit Coun No. elY-94-85 1. The case was tried in 1999. An Amended Judgment was filed on October 2, 2003, finding th at Moon had committed gross negligence in his release of these escrow funds, and th at Moon thereby breached his fiduciary duey to the Benedicts. Judgment for $40,000, plus interest, totaling $53,283.16 in all, was entered against Moon on October 2,2003. That judgment was not appealed and became final. The judgment ordered Moon to comply with Arkansas Code Section 16-66-221 and file within forty-five (45) days a verifi ed list of all his real and personal property. induding bank accou nts, and to specify which properties he claimed as exempt under law. Moon fail ed to comply with this court o rder. Thereafter. in 2005 Mr. Meadors garnished all banks in H arrison and o nly found one account of Moon's, a personal account, which contained $227.44, and bore evidence of Moo n's co mmin gli ng of client and perso nal funds in that o ne account. Pursuant to his obligation as an attorney under Rule 8.3(a), Mr. Meadors reported this information to the Co mmittee. Each year every Arkansas li censed attorney is required to fil e an IOLTA s[atemem with the Arkansas Supreme Co urt givi ng the statUS of the attorney's trust account. According to the Affidavit of Ms. Pointer, Directo r of the Arkansas 10LTA offi ce, Moo n has not reported maintaining an IOLTA

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account for client funds since July 19, 1999. Since Moon does receive client funds, he is required to mai ntain a trust aCCOUJ1[ in some form. Ms. Pointers' Affidavir of March II , 2005. confirms Moon has not reported to thar office havin g an IOLTA trusr account since his previous trust accou nt was closed on July 19, 1999. Mr. Moon responded

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neglige ntly released the escrowed funds to the Co mers. H e admitted to having no trust account from 1999-2006, primarily out of fear that any fu nds in one wo uld be subject to ga rnishment by the Benedicrs on their judgment againsr him. He stared th e twO checks mentio ned by Mr. Meador as ev idencin g client funds thar sho uld have been in a trust account were either a refund of fees already ea rned or a. return of fees due to a billing error as between two of his clients with th e same last name. H e also stated that he had nor genera red much net income from his law practice in the years after the judgment against him, and that he had no means for atte mpting to satisfy the Benedict judgment until a family member recently agreed to collatera lize a bank loa n for him for the $60,000 he has tendered for restitutio n befo re the Committee. JAMES KlRBY RIFFEL, Bar No. 71065, of Pocahontas. Arkansas, was reprimanded by Com mittee Findings & Order filed June 20, 2007. o n a Co mplaint by Lawrence Co un ey Distri ct Judge Larry H ayes in Case No. 2007-013, for violation of Rules 3.3(a)(I), 8.4(b), 8A(c), and 8A(d). On August 30, 2006, Mr. Riffel was convic ted of speeding in the Newport District Co urt in Jackson County, Arkansas, in Case No. TR-06- 1376, for an offense of go ing 78 mph in a 55 mph zone that occur red o n June 21, 2006. on US Highway 67. H e forfeited a bond of$ 165.00 and was placed on probation. On October 24, 2006, Mr. Riffel was cited for speeding (68 mph in " 55 mph zo ne) in Lawrence County, with the charge becom in g Case No. 06-3616 in Lawrence Co un ey District Court. At hi s court date on D ecember 14, 2006, he submitted to the co urt, through the prosecutor, his Affidavit nota rized December II , 2006, falsely stati ng that he had received no other traffic citatio ns


in the twelve mo mhs preceding this citatio n

for hi s aunt Odessa McDuffie durin g May

(issued Ocrober 24, 2006), as a means of taking advamage of the court's policy of bei ng placed on probation if he had no other speeding conviction in the previous twelve months. Based on Mr. Riffel's false Affidavit, the co urt approved a Judgm ent o rder on December 14,2006, placed him on probation and o rdered him [Q pay a fine and cosrs of $ 11 0.00. The court also directed that an officer run an AC IC driver's license check co verify that his record did not show previous speeding violations. Thar reco rd check revealed his case in Newport thar was concluded on Augusr 30, 2006, abo ur mree and one-half mo nth s befo re he executed his Affidavit in the Lawrence Coun ty case. Upon being provided this information , Judge Hayes scratched his approving signature off the December 14, 2006, probacion Judgmenr, ordered Mr. Riffel 's bond forfeited, and brought the matter to the arremion of the depu ty prosecutor, Joe Grider. Jud ge Hayes reports that Mr. Grider declined CO take action. On December 20, 2006, Mr. Riffel execured an Amended and Substituted Affidavit, ex plaining his version of eve ms lead in g to his original Affidavit to the Lawrence County District Court. His Amended and ubstitured Affidavit sets our his explanation for the o riginal Affidavit.

2005. Since that time umil late 2006, Mr. Robinson fai led to take action to accomplish

WILLIAM S. ROBINSON , Bar No. 76 108, of North Lirtle Rock, Arkansas, was reprim anded by Committee Findings & O rder filed Apri l 30, 2007, on a Complainr by Leopo ld Wi lburn in Case No. 2006147, fo r vio larion of Ru les 1.2(a), 1.3, 1.4(a)(3) and 1.4(a)(4). Leopold Wilburn hired Mr. Ro binson during May 2005 for assistance with a guardianship maner and for preparation of a Power of Anorney for rwo elderly family members. Mr. Robinso n requesred a fee of $500 which Mr. Wilburn paid during the initial consul tation. No act ion had been taken on Mr. Wilb urn's behalf ar the time of the filing of me formal disciplinary co mplaint. Mr. Robinso n had not respo nd ed to req uests for information nor kept Mr. Wilburn info rmed of any actio ns he might have taken o n his behalf. Mr. Wilburn specifica lly hired Mr. Robinson to ass ist Mr. W ilburn wirh adding a co-guard ian

the objective of the represemation with regard to the guardianship.

T ERRY R. SM ITH, Bar No. 2005105, of Little Rock, Arkansas, was reprimanded by Comminee Consenr Findings & Order filed June 15, 2007, o n a Complaint before the o mmittee in Case No. 2007-042, for violation of Ru le 8.4(c). Smith was requ ired to take the Profess ional Practicum within two years of ad mission to the Bar of Arkansas. Smith registered and paid for the November 2, 2006, Pracricum , and he wrote to the Office of Professio nal Programs a few days after that Pracricum that he had anended. lr was not until his response to a request for proof of anendance that Smith clarified that he had attended o nly half of the conference due to ill ness. JAM ES F. VALLEY, Bar No. 96052, of Helena , Arkansas, was reprimand ed and o rdered to pay $60 .00 restitution by Comminee Consent Findings & Order filed April 23, 2007, on a Complaint filed by Sam & Shirley Gi lmo re in Case No. 2006-086, for violation of Rules 1.3, 1.15(a), and 5.5(a) . Sam GilmoreofElai ne, Arkansas, is the father of a daughter, LaSandra Gilmore Cocke rham, born in July 1989 in Clarksdale, Miss issippi . Her Mississippi birth ce rtifi cate lists her name as LaSandra G ilmore Cockerham. Mr. Gil mo re is now married to her mother, Annie Cockerham. He desired [0 have LaSandra's last name changed to G il more on her birth certificare. On June 14, 2002, he hired Mr. Valley to perform this legal work, and paid him by check the $455.00 Valley quoted him as his legal fee and the advance paymenr of any co urt costs o r fi lin g fees th at might be needed for the wo rk. There is no indicia on Gilmore's check to show Valley depos ited it into a trust account, as required by RuJe si nce it conta ined payment in advance of

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County, Mississipp i o n August 22, 2002. No further action was taken by Mr. Valley in the case. Over the interve ni ng years Mr. Gilmore attempted to obtain from Valley or his office info rmation about the StatUS of this matter, wi thout success.

The action Mr. Valley filed in August 2002 in Mississippi for Mr. Gilmore was dismissed "for want of prosecution" on December IS,

2003, afte r notice to Valley o n September 10, 2003, of this impending action, as shown by th e courT papers attached to Mr. Pederso n's

Affidavir, Exhi bir D. M r. VaHey fai led to inform his client of th is adverse action. caused by Valley's failure ro take care of th e legal bus iness Mr. Gilmore had entrusted to him . Mr. Gi lmore filed his di scipl inary complaint

also li ce nsed in Mississippi , rhen filed it in

April 22, 2005. The Office of Profess ional Co nduct wrote Mr. Valley on January 25, 2006, about this matter. He responded on May I, 2006, by lerrer, stating he had mai led Mr. Gi lmore a $300 refund check, and rhat he had paid rhe Mississippi case filing fees from rhe $455.00. In his lerrer he fuiled to mention {hat rhe Mississippi actio n had been dismi ssed for hi s "want o f prosecution" over

th e Chan ce ry Coun in C larksdale, Coahoma

two yea rs previous ly.

co urt COStS to be expe nd ed by Valley in the future. Mr. Valley prepared a Complai nt to Correct Birth Certificate, which Mr. and Mrs. Gi lm ore signed , and Valley, who is

Vol. 42 No. 3/ SuIl11l1cr 2007 The Arbn as Lalryer

35


Further investigatio n revealed that Mr.

Arkansas law license was administratively

Valley's an nual law li ce nse fee to the Arkansas

suspended for failure to timely pay his li cense

Supreme Court, due by March I each year,

fee as required by Court rule and order.

was nOt paid for 2005 until June 10, 2005,

Specific evidence of his litigation practice

ann his 200() fee wa.~ nor paid until June 15.

during rhese rime period.~ is contained in the

lease nine (9)

2006. Mr. Valley practiced law in Arkansas

Affidavits of Denise Parks and Jim Mencer.

Coun aJone during the twO time periods

during these rwo time periods when his

Mr. Valley was counsel of record who filed

here when his Arkansas law license was in

the appeal docketed as No. 05-268 on March II, 2005, in IVttrillfl Valley" al. v. National Zinc Proussors t!t al. According to Mr. Mencer's Affidavit, Mr. Valley filed at ose.~

in Phillips County Circuit

suspe nded status.

JIMMIE

L.

WILSON,

Bar

No.

73 128, of West Helena, Arkansas, was reprimanded by Committee Findings

& Order filed April 23, 2007, after a hearing, on a referraJ from the Arkansas

Supreme Court in Case No. 2006-042, for violation of Rules 3.3(a)(l), 3.4(c), 8.4(c), and 8.4(d). This macrer arose from the "Lakeview School Funding

Case," Lnkt!vit!lU, et al. v. Huckabu t!t al. , 351 Ark. 3 1, 91 S.W.3d 472 (2002) (hereafter "Lakeview"), in which Mr. Wilson participated as an attorney for many yean, along with other attorneys, representing

the

Lakeview

School

District. In the 2002 Lakeview opinion, the Arkansas Supreme Coun awarded

attorneys

fees

of

$3,397,050.00,

co ll ectively, to theanorneys for Lakeview. There were expert witness payment issues that were unresolved from the Lakeview case for plaintiff Lakeview's attorneys. Problems arose with the distribution of the Lakeview atto rn eys fees, leading the filing of jimmit! L. Wilson v. EUgt!'lt! G. Sayrt! t!t al. in Pulaski C ircu it Court in 2003 as No. CV03-68 18. The to

decis ion in that case was appeaJed by Mr. Wilson and the record was lodged in the Arkansas Sup reme Cou rt on October 6,

2004, as No. 04-1053. In hi s poims on appeal and in his brief he indicated, or allowed the impression to

be

raken from his rn3rerials, thar he

was appealing the trial court's division

of legal fees in the Lakeview case, by wltidt Wibull was individually a...vardcd

$636,518.87. On or abour August 30, 2005, Wilson obtained the check payable to himself for that amount in the hands of the Pulaski County C ircuit Clerk and negotiated same, without informing opposing appellate cou nsel or the Supreme Court of his acrio n. Upon 36

The Arkansas Lawyer

VIIWW.arkbar.com


L:.J\!\).cr Disciplin:.Jry â&#x20AC;˘ ctions lea rn ing of W ilso n 's acti o n , ce rtai n appel lees

African-Am eri can litigan rs o n co nsti ruti o nal

Co urt Com mircee on Professio nal C ond uct

fil ed a Mo ti on to Dismiss Appellanr's Appeal

and civil rig hts iss ues have bee n in the

fu M oot o n November 9, 200 5, alleging Wilso n's "election of remedies" in cas hin g the check. The Co un agreed . granted the Motion, and dismissed the appeal. Wi lso n did nO( correct with the Co un the false

extremely nega ti ve respo nse co up led with

as an examp le by this cou rt d etermined effort to "clean-up " th e bar, are treated in a 380 0

3nrago n ism and a prejudice th at is not only the belief of the appellam , buc is accepted as a fact in disco urse of conve rsat ional exchan ge

difference from Ca ucasian lawyers and the Ca ucasian judge involved in the instan t case." ; (i 0) "T hat the dispositio n of th e appel lant's

impress io n of m ate rial fact he advanced in

berween African-American Lawyers as who le with in rhisstare. "; (6) "That the co mbin atio ns

causes that have appeared before the co urt are based upo n our-of-court; ex tra-j udi cial; poli tical and racial consideratio n havi ng no thing to do with th e cases aforememi o ned

his appeal. and left it un corrected , that he

of the demo nstrative prejudices of this court

had not accepted or received the benefi t of the erial co urt's award of atto rney's fees to him .

and the fact that one of this co urt members

In his "Suggestio ns fo r D isqualifi catio n:

re-electio n crea tes a TAl NT that envelopes

is up fo r re-el ectio n and appell ee {Q the instant lawsuit is a campaign offi ce r in his

th at appeared before the co urt and have no thing to d o with the merit o f th e instant case. "; ( I I) "This co urt ho nors thro ugh its

Req uest fo r Recusal of rhe Court En Bane"

the whole insti turio n as it relates

its abil ity

replicatio ns an ds immo rtalizatio ns of th e

fi led April 3, 2006 , M r. W ilso n ad d ressed to

to give d ue p rocess to the appell ant; J udge

confederate su preme cou rt of arkansas 1861 1865, that wh ich cost African -American s

{Q

the Arkansas Sup reme Court as a body, an d

Brown is running fo r re-electio n and one of

ro its members, the foll owin g language which

his campaign offi cers indeed a person who

the Co mmi ttee fo und to be disrespcccfuJ , inremperarc. strident, and conrempruous of

is soli citing funds for the benefir o f Justice Brown election is Richard H atfield an

the Co urt: (I ) that th e Court had engaged

appellee in th is case an d it is believed that

the 13th Amendment to the Unites State C onstitu tion. Racially motivated ho rrors,

111 "purposeful disc rimination against appell anr (yo u) o n the bas is of hjs race first and fo remoSt .... "; (2) that the Court had a Uhismry of unfai rness ro AfricanAm eri can \a\vyers involved in d isciplinary proceedings .... "; (4) that the Cou rt, " [Alcted with such hostili l)' and prejud ice toward the appeJl anc, it is rational to bel ieve based upo n this COU f t ' s histo ry in the arena of me race quesdo n."; (5) "That in every instance in whi ch appellant has been before the court and there has been an o pportuni ty fo r Justice G laze, particularly. to render an opinion regarding th e rights of the appellam and other African~Ameri ca n lawyers. judges and

the court curtailed the fuJI appellate review in th is ma[[er in order to protect o ne of its

are the legacy which this

members re-electio n official fro m facing a review before this court fo r participation

two-hund red plus years of slavery prior to the Emancipatio n Proclam atio n and

miseries, rapes, molestatio ns and deprivatio ns COUrt

emb races

thro ugh the ceremo nial exaltatio n o f this group of traito rs .... This present Arkansas

in the conduct alleged in the instant cause, rhus ca using embarrassment to one of it's

Supreme Court through the portrayal of

members - even tho ugh that member had

recognition of the co n federate suprem e court of arkansas fo und in the halls of the

disquali fied from this case he was still a member of this Arkan sas Supreme Court as an instirutio n. See attached Joinr Exhibi t I ."; (8) "T hat these African-American

pictures, plaqu es and symbols o f pride and

present Arkansas Supreme C o urt Buil ding says a loud "Amen" to the racism embraced

lawyers noted in paragraph 32 are the latest

by th is peri od of jurisprudence in th is state."; (12) "T his co urt like every o ther court in the

in a series of African-America n lawyers who

United States of America has never bee n a

have been held-up to public ridi cu le by this

ftiend to Mrican-American citizens co ncepts

court or its alter-ego the Arkansas Supreme

of constitutionaJ rights, far the less, an

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11510 Fairview Road, S ui te 100 Litd e Roc k, AR 722 12-2445 50 1-22 1-9900 /50 1-22 1-9292 fax

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Vol. 42 No. 3/ Summer 2007 The Ark. nsas La,,),er

37


La\o\Yer Disciplin;.IIY Actions enforcer of those concepts."; (13) "So a dual standa rd of eth ics is approved by the co urt one relating to Africa n-American lawyers

who are accused of taking th eir cliems monies and one entirely the opposi re apr1ie.1i (0

"'white" lawyers who have been accused

of raking or stealing their clients monies."; (I 5) "'This court has nor experienced one 1110menr of what it means to be MricanAm eri ca ns in thi s country and havi ng nor spent o ne momem walking in the shoes of African -American citizens - having exduded itself from even minimum ex periences with African-Americans whi le on the bench there is absolutely no means by which this co urt can have any sensiriviry of "justice" for the descendam s of Slaves. T his court whi le still sitting on (h e "porch" of the master-3 "porch" called the Arkan sas Supreme Court

still maintai ns th ese histo ric distin ctions betwee n itself and persons like the appellant. This court still approves and fosters a system of exclusivity in the membership of the court i.e. while there is no sign "wh ite on ly" visible

it is there nevertheless. This court's approval of the systematic excl usions of AfricanAm eri cans fro m participati ng in th e product n that it characterizes as "j ustice is surrea!'Âť

CAUTION, JO H N C. BARITELT, Ba r No. 87011, of Jonesboro, Arkan sas, was ca utioned by Comm ittee Co nse nt Findings & Order fi led April 23, 2007, on a Complaint Before the Co mmittee in Case No. 2006-148, for violation of Rules 1.1 , 1.3, and 8.4(d). Mr. Barneit represe nted Lydia PaJasota duough the claim process at the Commission. The Adm inistrative Law Judge ruled in favor of Ms. Palasota's claim and awarded her a rotal 13% permanent impairment rat ing, based o n th e tcstjrnony of her treating MD, Dr. Rosenzwe ig. On appea l, the Full Commissio n, in a 2-1 vo te, modified her rating (0 the 4% for the ce rvical spi ne only that was offered by Dr. Schlesinge r. based on his IME neurological exam. The docket sheet

her case, No. CA-2006-474, reveals the appellate record was lodged by M r. Bamelt on May I, 2006. T hereafter he sought and obtained three (3) extensions of time to file her brief. th e last due date being September I , 2006. l ie failed to file a brief. On Se ptembe r 28, 2006, appellee's counsel filed a Motion to Dism iss. Mr. Barnelt filed no res ponse. By Mandate issued October 1 I , 2006, the Co urt of Appeals granted the Motion and dismi ssed his client's appeal. Mr. BarneJt respo nded that he had advised his cl ient that the Co mmission decision

111

against her was supported by subs[antial evidence and furrher appeal to rhe Arkansas Court of Appeals was without substantial merit, based on his almost twenty years practice in the field . Mr. Bander claimed M s. Palasota req uested that he me a Nodce of Appeal so she mi ght consider this further, including the poss ib ili ty of retaining new counsel. H e d id fil e her Notice of Appeal. JI MMY RAY BAXTER, Bar No. 780 12, of

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The Arkansas La"ycr

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L.n\;ycr Disciplin;'IIY â&#x20AC;˘ ctio ns BentOn . Arkansas. was cautioned and ordered

specialized in fa mily law. Dyer was nor awa re of this advertisement's contents uncil after it

of Greenwood, Arkansas, was ca utioned

was placed in the Yellow Pages .

RI C HARD M. GRASBY, Bar No. 85060,

filed May 2 1, 2007, on a r er Cu riam Order Complaint in Case No. 2006- 109, for violario n of Rules l.l , 1.3, and 8.4(d).

of Litde Rock , Arkansas , was cautioned by Commirree Findings and Order filed April

Mr. Hamby filed an appeal from an adverse Compensa tion Com mission Workers

25, 2007, fin ed the sum of Five Hundred Dollars ($500.00) directed to pay restitution

decis ion for his client Debra H ill, as Case

agai nst the Gu lfsrream RV manufacturer

for irs fa ilure co repa ir problems with their coach. The Ballards informed Baxter mat

($ t .000.00) and assessed costs in the al11 0UIlr

pay $5,000.00 restiturion by Commirree Consell( Findings & Order filed June 15, 2007, on a Complaint fil ed by Larry & Mary Ballard in Case No. 2007-034 for violation of Rules 1.4(a)(4) and 1.16(d). On March 8, 2006, Mary and Larry Ballard mer wirh Baxter in his Benton office to discuss a lawsuit to

in th e amo ulH of One Thousand Dollars

by Committee Consent Findings & Order

No. CA06-758, on July 10,2006. His brief was due o n August 2 t. 2006. On August 17,2006, he obtained a first. clerk's "seven

of Fifty Dollars ($50.00), all for violation of Rules 1.3, 1.4(a)(3), 1.4(a)(4), and 1.1 6(d)

day" extension , making his brief due August

on a comp lai nr filed by Jana Young in Case

record from [he C lerk's office umil August

No. 2007-005. Ms. Young employed Mr. Grasby in November 2005 to represent her

Motio n for Extensio n of Time , and obtained

in Little Rock District Court o n charges of Driving \Vhile Intoxicated and Refusal to

a seco nd extension to September II , 2006. On September 1 I, 2006, he mailed for

rhe Ballards decided

Submit to Testing. Mr. Grasby appeared with Ms. Young at arraignment and entered

filing another Mmi on for Extension of Time. which was received and file-marked

ro terminate Baxter's services. They called

a pl ea of not guH t)'. Ms. Young received a

Baxter's office on August 3 and informed the

letter from Mr. Grasby stating that trial was

Seprember 12, 2006. This Morion was apparently untimely filed. The Clerk's file

sraff of th eir decision. They also sent a letter informing Baxter that his services were no

set for March 27, 2006. Ms. Young appeared in co urt on March 27, 2006, bur Mr. Grasby

lo nger needed and requesting a refund of the

failed

appear. The matter was re-set for

his last Motion for Extension of T ime was filed out of time, and that the C lerk's office

balance remaining o n their $5,000 retainer.

June 12, 2006. Ms. Young contacted Mr.

spoke with Mr. Hamby's staff on September

Grasby

time was of th e esse nce, as th eir warranty was

due to expire in May 2006. After they paid Baxter $5,000 for his services, the Ballards began calling [Q check on rhe status of their case, and they left several messages for him; however, their calls were not returned. On

July 31. the Ballards mer with Baxter again regarding their case. Uneasy about how

this meeting

welH,

[0

28, 2006. He did nor actually check our the 17, 2006. O n August 28, 2006, he filed a

contains a handwritten note which indicates

TREECA DYER, Bar No. 81052, of Little

changed. Mr. Grasby stared thar he would

13 , 2006, and was ro ld a motion to file a belated brief would be filed . There is nothing

Rock, Arkansas, was ca utio ned by Committee

have the court date moved. Ms. Young

in the C lerk's file to show such a motion was

Consent Findings & Order filed May 21, 2007, on a Complaint Before the Committee in Case No. 2007-01 7, for violation of Rules 5.3(b) and 7.4(d). On January 22, 2007, Dyer self-reported that her business

scheduled an appointment for April 15, 2006, [0 go over discovery information from rhe prosecutor but Mr. Grasby failed

filed. On October 25, 2006, the Appellees

manager, on behalf of Law Offices ofTreeca

[0

[0

see about having the court date

to attend the meeting. Ms. Young demanded

return of the fees paid but Mr. Grasby failed return the fees following the demand.

filed a Mocion to Dismiss Appeal , to which

Mr. Hamby failed ro file any response. On November 15, 2006, the Court issued irs Mandate, granting the Motion to Dismiss, ending his c1iem's appeal.

] . Dyer, P.A., placed an advertisement in the

2007 Yellow Pages which stated [hat Dyer

MICHAEL JOE HAMBY, Bar No. 89067,

JEANETIE S. HElM BAUGH, Bar No. 97040, of onway, Arkansas, was cautioned by Comm ittee Consent

raisals S A TIE GR'OU'A NCO

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RA

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213 W Monroe Ave. Lowell, AR 72745 Web: www.gbgappraisals.com Phone 479-770-6072 Fax: 479-770-6403 State Wide Service, specializing in Eminent Domain,

Findings & Order filed April 23, 2007, on a Complaint filed by Lisa Kay Smith in Case No. 2006-081, for admitted violations of Rules 1.3

and 8.4(d) of the Model Rules of Professional Conduct. Ms. Smith hired Ms. Heimbaugh in June 2004 to represent her in a divorce proceeding. Ms. Heimbaugh filed the divorce complaint during the

end of June 2004.

Ms. Smith's

husband was served with the divorce co mplaint but did not respond. A

hearing was held in December 2004.

vol. 42 No. 3/ 5ul11111er 2007 The Arkansas La"Yer

39


La\l'ijer Disciplinary Actions Ms. Smith was gramed a divorce from her husband by Judge Clawson acrhacrime. Acrhe rime of the Affidavit execuccd by Ms. Smith for rhe formal disciplinary complaint, Ms. Heimbaugh had nO[ finalized rhe decree nor had she been removed fro m representation of

Ms. Smith . Ms. Heimbaugh did not act with di ligence in her representation of Ms. Smith fo llowing rhe hearing in December 2004 when Ms. Smith was granted her divo rce by Jud ge Clawso n. Ms. Heimbaugh failed to cause the Decree to be presented ro rh e Court until June 2006. Ms. Heimbaugh's failure prepare and present the Decree from th e hearing co nducted during December 2004 caused Ms. Smith not (Q have her divorce {Q

final ized until June 30, 2006, even though Judge lawson granted her a divo rce from Bill Smith during the hearing in D ecember

2004 and her failure to presenr rhe Decree to rhe Court and have the same signed and filed preve nted Ms. Smith, her client, from being able to enforce the Order of the Court when Mr. Smith failed to comp ly with the holding of Jud ge Clawson. W ILLIAM GLEN HOGGARD, Bar No. 2000064, of North Little Rock, Arkansas, was cautioned by Comminee Findings & Order filed May 3, 2007, on a Per Curiam Order Complaint in Case o. 2007-007 for violati on of Rules 1.3, 3.4(c) and 8.4(d). The Arkansas Supreme Court referred Mr. Hoggard to the Committee in a Per Curiam delivered January 4, 2007. The Per Curiam granted Mr. Hoggard's Mocion for Belated

Appeal in the matter of D~alJlJ Latiolais v. Arkansas D~partm~nt of H~a/th and Human S~rvius. The appeal was first dismissed by the Arkansas Court of Appeals in Ocrober 2006 because of Mr. Hoggard 's failure ro file a brief on behalf of Appellant after requesting mu ltiple ex tensions of time to do so. Afrer the matter was di smissed by the Court ofAppeals, Mr. Hoggard filed a Petition to Rehear th e Decisio n to Dismiss the Appeal. The Court of Appeals denied the Petition. The Supreme Court then considered it and treared it as a Mocion ro File Belated Brief. The Mocion was granted and Me. Hoggard was referred ro the ommiuee. Initially, Mr. Hoggard failed to file a brief in th e Latiolais' appeal by the extension granted him until January 19. 2006, after obmining six (6) extensions to file a brief and he did noc file any pleadings on behalf of Ms. Latiolais from January 19, 2006, when he requested add itional time to file a brief, until November 13,2006, when he sought to have the appeal reinstated fcom the Court of Appeals' dismissal fo r his failure to fi le a brief. Mr. Hoggard's fa ilure to fi le a brief for his client by th e sixth and final extension resulted in the Arkansas Coun of Appeals' dismissing the matter and created the need fo r add itional pleadings and actions by th e appellate courtS in order ro reinstate the appeal. His failure ro be certain thar he filed a brief on behalf of his client by January 19, 2006, or within the fo llowing nine months before the Court of Appeals dismissed the appeal created unnecessary delay in the appell are proceeding. Further.

his fai lure to be certain that he filed a brief on behalf of his client by the date given as a fi nal extension crea ted the need for the Court ro expend additional rime and effort which would not have been necessary otherwise.

WILLIAM M. HOWARD, JR., Bar No. 87087, of Pine Bluff, Arkansas, was cautioned, fin ed Five Hundred Dollars ($500.00) and assessed costs of O ne H undred Dollars ($ 100.00) by Committee Consent Findings & Order filed June IS, 2007, for violation of Ru les 1.3 and 8.4(d) on a Per Curiam O rder Complaint in Case No. 2007-029. Mr. Howard represented Ricky Reese on an appeal from a convicti on in ChicO[ County Circuit Court. Me. Howard tendered to the Arkansas Supreme Cuun Clerk a record of the circuit court proceedings ton December 20. 2006, but failed to comply with the requirements of Rule 5 of the Rul es of Appellate ProcedureCivil , in obtaining an extension of rime for fil ing th e record. Mr. Howard was directed to fi le a morion fo r rule on th e clerk and did so on February 2, 2007. On February 22, 2007, (he Arkansas Supreme Court gran ted the motion and referred the matter to the Office of Professional Conduct. STEVEN R. JA KSON, Bar No. 97142, of Fayetteville, Arkansas, was cautioned and fined $ 1,000.00 and assessed cosrs in the amount of Fifty Dollars ($50.00) by Committee Findings & Order fil ed April 2, 2007, for violations of Rules 1.3,

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Vol. 42 No. 3/ Summer 2007 The Arkansas l awyer

41


Lavryer Disciplin;'IIY Actions 1.4(a)(2), 1.4 (a)(3) , 1.4(a)(4) and 1.16(d) o n a Complaint filed by Edward K. Mu ll en in Case No. 2006- 146. Edward K MuUen is the President of Classified Accounts Management Company, In c. (CAMCO). In 200 I, CAMCO employed Mr. Jackson ro collect from seventy-five debtors. Mr. Jackson provided CAMCO with a check in the amount of $5,049.0S but failed to provide any documentation of the name of the debtor or the amoun ts co ll ected so that

CAMeO could cred it the proper account. CAMCO requested that Mr. Jackson provide the necessary informacion but he failed to respond to the request. CAMCO term inated the representation by Mr. Jackson and demanded a final acco unting of monies received. Mr. Jackson sent a final accounting of [oraJ monies received for CAMeO and a check in the amount of $ 1,S73.12, butfailed [0 provide an individualized accounting of the names and accounts from whom me money was received. CLAUDE RAYMO ND JONES, Bar No.

78082. of H arriso n, Arkansas, was cautioned and orde red co pay restitucion in me amoum of $3,351.20 to each complainant, by Committee Consem Findings & Order filed April 23, 2007, on a Complaint rued by Betty Albertson and John Smith in Case No. 2007-004. for a violation of Rule I.S(c). Frances E. Weltch of H arrison. Arkansas, a widow, died testate in May 2000, at age 88 or S9, survived by a daughter, Betty Albertson,

and a so n, John Smith, boch res idems of Iowa. Ms. Weltch's long-rime atto rney in

ob ligations. including the funeral home bill of about $4,600 in May 2003, wh ich totaled

H arrison, C laude R. Jones, prepared a will at her direction that she executed on june 24. 1998. The will nominated Jones to be her execuror, and left Ms. Weltch's entire estate

$7,177.67, leaving a balance of $6,702.40 as Jones's net share of the estate. Me. Jones provided this :lccounting to the children by his lecrer to Stark Ligon dated Occober 13, 2006, in reply to Ligon's lener of September 10, 2006, to jones, written after Ms. Albertso n filed her complai nr aga inst jones in 2003.

to Jones at her death. Both her children we re disi nherited under the will. Jones neve r opened probate adm in istration of her estate or offered the will for probate. Betty Albertson obtai ned a letter dated September 10, 1995, from Mahlon O. Maris, M.D., with the laude Parrish Community HeaJth C linic of the Boone Cou nty area, in which Doccor Maris opined that Ms. Welrch was at the time an 87 year old femaJe with paranoid delusio nal disorde r. and a series of other personal health and hygiene problems, and that because of her psychosis and medicaJ problems she could nOt care for herself and that appointment of a guardian is imperative. The children contacted Jones about their mother's esta te. In April 2002 Jon es replied to their attorney in Iowa with a copy of the WeJrch will and j o nes's statement that "She left everythin g to me. However, I didn ' t think it was fair and I told Berty that she and your client would get a third each." In

February 2003, Jones sold some Weltch estate rea1ry in Arkansas and sem checks for $7, I 00.00 to each child, promising a complete accounting to them of the estate afte r the sale was finalized. From the $ 13,SOO left from the land sale. which Jones retained. he later claimed credit for paying estate

SUSAN JON ES, Bar No. SIIOI, of Royal, Arkansas, was cautioned by Comm ittee Consent Findings & Order filed April 23, 2007, on a Complaint filed by Stephanie Brogdon in Case No. 2007-0 14, for violation of Rules 1.3, 1.4(a)(3), and 1.4(a)(4). Stephanie Brogdon retained Jones in March 2006 co file an uncontested divorce. After several months. Ms. Brogdon found it difficuJr to co ntact Jones regarding the status of her case. After attempts co contact j ones by telephone failed, Ms. Brogdon emailed Jones and threatened to fi le a co mplaint against her. Jones apo logized for her fail ure to maintain comm uni cation, and she thereafter filed the divorce complaint in October 2006. When Jones realized that the court's file did not comain a waiver signed by Ms. Brogdon's estranged husband, she requested that Ms. Brogdon have him sign the waiver before a notary and then take it, along with the proposed decree, to the courthouse for the judge's approval. Ms. Brogdon took these documents to the courthouse o n November

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La"yer Disciplinary Actions 17, 2006, and the Order was entered o n November 20, 2006. JAMES M. PRATf, JR., Bar No. 74 124, of Camden, Arkansas. was cautioned by

Comminee Consent Findings & Order f~ed May 2 1, 2007, on a Complaint filed by Rho nda Neal in Case No. 2007-026, for a vio latio n of Rule 1.3. Mr. Prate's client Rho nda Neal's di vorce was final on December 26, 2002, when the D ecree was filed in Arkansas Counry, Arkansas. The D ecree awarded her cectain interests in her former spo use's pension, IRA, retirement o r savings plan with his employer, Produce rs Ri ce Mill, Inc. An employer-a pproved qualified domestic relatio ns order (QDRO) is required to adequately protect the: righ ts of an "alternative payee" (here M s. Neal) in such assets of a form er spouse. Mr. Peact took no action to prepare a QDRO until after Ms. NeaJ came to his office in December 2004 and inquired about the matter, and his office th en realized he had fai led co in itiate any QDRO. Thereafter, it [Ook him umil September 8, 2006, [0 ger fi nal employer and court approval of a QDRO and have it filed with the court clerk. H e failed to provide rh e employer with a fil e- marked copy of the QDRO, so rhe employer [Ook no actio n on it until rh e Office of Professional Conduct provided such a copy co the employer on O cmbcr 16. 2006. From an initiaJ ierccr of inqui ry on March 15. 2005. informing Mr. Pratt that Ms. Neal had filed a complaint, until Ocrober 16, 2006, the Office of Profess io nal Conducr made num erous contacts with him by leerer, e- mail and telephone, urging him co timely accomplish the QDRO for Ms. Neal.

DENN IS SBANOTTO, Bar No. 83152, of Fon Smith, Arkansas, was ca uti oned by Co mmittee Co nse nt Findings & Order filed April 23, 2007, on a Judicial Complaint from C ircuit Judge Alan Epley of Carroll Co un ty in Case No. 2006- 178, for vio lation of Rules 1.3, 1.4(a)(3), 1.4(a)(4), and 3.4(c) . In January 2003, M r. Sba notto petitio ned co o pen probate admin istratio n of the es tate of Al veda Harfield in Carroll COU nty Ci rcuit COli n - Probate Di visio n, as No. P-20035. H er son, DaHin H atfiel d of Berryvi ll e, 44

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Arkansas, was apPolllted Adm inistrator, and thereafter Mr. Sbano[[o se rved as the attorney in rhe probate administration. Filing a petition fo r paymenr of anorney's fees prepared hy Mr. Sbanotto , o n August 23. 2003, Mr. Hatfield obtained court approval ro pay $5,182.48 for M r. Sbanotro's legal services to the esta te. His fees were then paid in full. On Se ptember 3, 2003, an order was emered allowing paymen t of certain claims agai nst the solvenr estate. The case docket showed no activiry from March 22, 2004, until May 19,2006, when Judge Epley set the matter for hea rin g on July 18, 2006. He directed Me. Sbanorto to be presenr at rhe hearing. Mr. Shanotto did nor appear. T he Estate had been ready to be closed fo r so me time. M r. Sbano(co has not been in co ntact with the Administraco r, Darrin H atfield , for some time. Mr. Sbanoero was contacted by the Office of Profess ional Conduct by telephone and e- mail by Occober 19, 2006, and by letter of November 16, 2006, by Darrin H atfield. Mr. Sbanorro res ponded to Mr. Hatfield by leerer o n December I, 2006, offering to refund the fu ll fee he had received in 2003, less out of pocket costs and as king to be allowed to withdraw from the represemati on. Mr. Sbanotto sent Mr. H atfield a $4,835.00 refund and was permitted ro withdraw. Mr. H atfield employed new co unsel co conclude the Estate's remaining court business.

court directed thar respo nses be filed. No responses were filed. O n February 3, 1998, the court enrered an Order ro D ismiss with Prej udice. Ms. H as ha made attempts to co ntact Ms. Wal1 ace bur was nor able to speak to Ms. Wallace until May 1998. M s. Wallace adm itted that she had been ill in Novem ber 1997 and that she had been slowed down as a result. In May 1998 Ms. Wal lace filed a motio n to re-open the closed case. The court did not rule on Ms. Wallace's motion and it was deemed deni ed. _

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MlMA CAZO RT KILG ORE WALLACE, Bar No. 84156, of Fayetteville, Arkansas, was caurion ed and fin ed the swn of Five Hundred Dollars ($500.00) and assessed in the am o unt of Fifry Dollars ($50.00) by Committee Findings & O rder fil ed Apr il 2, 2007, for violation of Rul es 1.1 , 1.3, 1.4(a) , 3.4(c), and 8.4 (d) on a Com plai nt filed by Caressa H asha in Case No. 2006145. Caressa H asha was involved in a motor vehicle accident on April 27. 2004, and t:lllpluyt:J Ms. Wallace [0 represe nt her in the matrer. Ms. Wallace filed suit in Bemon County C ircuit Court on April 27, 1997. T he opposin g party fil ed an answe r to the lawsuit and a ser of Inrerrogacories and a Request for Prod uction of Documents. Ms. Wallace did no r file a response to the Inrerrogaco ries or Request for Production of Docum ents. The COstS

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An exclusive member benefit found online at www.arkbar.com Vol. 42 No. 3/ Su mmer 2007 The Arkansas LalIYer

4S


In Memoriam

~ , !P

illd ,., I,

III I

-

'I

..

Judge Geo rge H oward , J r. United States District Judge George Howard, Jr. , of Pine Bluff died April 21, 2007, at ,he age of 82. Judge Howard, [he federal judge who presided over me length y Whitewater trials. was We first black Arkansan ro serve in federal court, on th e stare's Supreme Cou rt and the Arkansas Court of Appeals. Befo re being appoinred ro [he bench, he was an anorner in private practi ce and the first black appoinccd to [he Arkan sas State C laims Commission. where he served for seven years. including four as chairman. From 1966 ro J 970, he was a member and later chairman of the Arkansas Advisory Co mmircce ro the U.S. Civil Riglus Commiss ion. Before he was

appointed ro the State Claims Commission, he was o ne of rhe most active civ il rights lawyers in th e state, freq uently working for [he Legal Defense Fund of [he NAACP. A native of Jefferson Cou ney, he left Merrill High School to participate in the national Youth Admi ni stration Program before joining [he United Stares Navy where he served as a Seabee in World War II. His expe riences as a black Sea bee fighting racial barriers led him [a attend law school. H e attended Lincoln University in Misso uri on a GI Bill and then the University of Arkansas ar Fayerceville. where he received his law degree in 1954. He was the fourth black stud ent ro graduate from the law school. " In commems from [he bench and in co nversat ions in his chambe rs. Howard made it clear that he regarded h is job as an honor and a se ri ous du ey ro hi s country," according (0 an arr icle in rhe Arkllnsas DnllocrlltGaulte. "Thi s unwa ve rin g philoso phy was reflected in a CQ ml11 enr he made sho rdy after hi s 1980 appointmenr ro the Eastern

46

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District by Presid ent Carter: ' I walked in nO[ as a black j udge for black people but as a judge for all the people.'" M ichael T. Sherwood Mich ael T. herwood of Sherwood died January 12, 2007, at [he age of 49. He graduated from the Uni versity of Arkansas at Little Rock with a business degree and earned his juris docto rate degree from the University of Arkansas at Little Rock School of Law in 1989. H e served twO terms as Justice of th e Peace for Sherwood. H e was a real esta te lawyer and served as the Public Defender for herwood District Court for 12 years. H e was a member of the Arkansas Bar Association, where he served on seve ral committees, and a member of the Arkansas Associa tion of Criminal Defense Lawyers and a member o f ABATE. H e is survived by h is daughter May Scarlerr Sherwood.

Richard Lee " Dick" Pratt Richard Lee " Dick" Pratt, formerl y of L1ke Vi ll age, d ied March 7, 2007, in Hot Springs. He was 78. He graduated from th e University of Arkansas. He served wi th the Air Force JAG office during the Korean War. Sta rrin g in 1953, he practi ced law in Little Rock ove r the next 30 years. H e was a member of the Arkansas Bar Association. H e is survived by his wife, Caro l Pickens Pran; Twn .. nns, Richard F. Pran and Jon D . Prarr: and a daughter, Angela M . Pratt. James H. " Buck" No bles, J r. James H . "B uck" Nobles,Jr., ofEI Dorado died Ma rch 24, 2007. He graduaced from the University of Arkansas and earned his juris docto rate d egree from the University of Arkansas School of Law in 1938. lIe rhen pracciced law rrom 1938- 1940 in EI Dorado before servi ng in the U.S. Army during World War II. H e became managing partner of MacFarlane Company-USA, L.L.c. where he wo rked until his d eath. He was a member of th e Arkansas Bar Associa[ion, the Independellf Perrolellm Associarion of America, and served on the board of directo rs of National Bank of Comm erce. H e is survived by a so n, Hunon Nobles. Ge rald W ayne James Ge rald Wayne Jam es of Litrle Rock di ed Apri l 3, 2007, ar [he age of 73. H e graduated from th e University of Arkansas at

Fayerreville and earned his juris doctorate degree from the University of Arkansas School of Law. H e was a United States Army veteran. H e bega n his ca reer at Travelers Insurance Co. and joined Blue Cross Blue Shield in 1976. Af[er [Wenry years working in the administratio n of the Medicare program, he retired as directo r of federal programs in 1997. He is surv ived by a son, Gregory W. Jam es; and a daughter, Jan Fairman.

J ames William "Bill" Cain, Jr. James William "Bill" Cain, Jr., of Lirde Rock died April 9, 2007, at [he age of 69. H e graduated from [he Universiry of Arkansas at Fayetteville and attend ed the University of Arkansas School of Law. H e earned his juris doctorate degree from the Washington Co llege of Law. American University, Washington, D.C . in 1962. Following graduation from law school and active duty in the Navy, Bill was associared from 1963- 1969 with Grove, Jaskiewicz & Gilliam, Washington, D.C. and beca me a parmer in 1967. In 1970, Bill became a partner with Turney & Turney, Washingron, D.C. and cominuccl to engage in transportarion practice. Upo n the breakup of Turney. Bill, alo ng with tWO of his former partners, remained ar the same add ress and continued praccice. From 1976 to 1985, Bill was in so lo practice in Washingcon, D.C. He moved to Little Rock in 1985 where he was General Counsel for Advocacy Services, Inc., now Disabiliry Rights Cen ter, Inc., from 1987 unril he ret ired in 2002. H e was a member of the Arkansas Bar Association and the D.C. Bar Association. Bill was always a civil rights advocate. having marched in the Alabama Freed o m marches in the '60s. During the time Bill practi ced in Washington, D.C., he volunteered regularly to represenr juveniles in vo lumarily confined at Saint Elizabeth's H ospital. During the time he was General Co unsel for Disab ility Rights Center, Inc., he d ealt with issues involvin g children with disabilities and was a respected and trusted advoca te for chi ldren and families. J er ry K. T ho masson Jerry K. Thomasson of Bismark died April 29, 2007, a[ [he age of 75. He ea rned his juris d octo rare degree from the University of Arkansas School of Law in 1959. H e was a Korean War veteran. He was a state


represenrat ive from Clark Co un ty in the Arkansas Legislature fro m 1962 to 1966. He was librarian of the Arkansas Supreme Co urt when jim j ohnson was C hief Justice. He was in pri va te practice for eigh t years with Huie, Huie and T homasson in Arkadelphia. He served as a refe ree for [he Arkansas Wo rkm en's Com pensatio n Comm ission from 1960-61. H e was 3 member of the Arkansas Bar Associatio n where he served as chair of the Legal Aid Co mmi[[ee. He is survived by his wife of 46 years, juanita Yates T homasso n; and a daughter, Grace Ann Weber.

Nelwyn Leon Davis Nelwyn Leon Davis of Little Rock and New Orleans di ed in Litde Rock on Jun e 6,2007. She graduated from rhe University of Arkansas at Litde Rock and ea rned her juris doctorate degree from the Univers ity of Arkansas at Little Rock School of Law. During her legal career, she was assistan t attorney general for the state of Arkansas, a Pulaski County attorney and had a private civil rights practice. She was commi[[ed to co mmuniry service, she was a member of the Arkansas Bar Association and numerous service and civic organization. She is survived by her husband Alben ; her four children, Nbert H . " Kip" Davis, Jr., Lisa Davis, Frances "Ti' Davis Roher, and Paul Leo ne Davis. R.J. uBud" Brown R.J. "Bud" Brown of Little Rock d ied June 6, 2007, at the age of69. He received a Bachelor's degree from Yale University and his juris doctOrate degree from the University of Arkansas School of Law in 1967. He was a captain in the Marine Corps. He had a disti nguished career in law serving as chief depury prosecuting attorney under Jim Guy Tucker. He was a member of th e Arkansas Bar Association where he served on numerOliS committees and sections. He served as presidenr of the Arkansas Mortgage Bankers Association. He was a charter member of the Little Rock branch of the ACLU. He is survived by his wife, Jeanne; his chi ldren Micah (Veronika), and Jacob. _

The A rka nsas Bar Foundation ack nowledges w ith grateful appreciatioll the receipt of the following memorial, honorarium dud scholarship

co"tribll~io,lS

received during the p eriod March 16, 2 007, through JUlie 2 0, 2 007.

IN MEMORY OF NANCY BAILEY Hyden, Miron & Foster, P.L.L.C. IN MEMORY OF EDWARD W. BROCKMAN, JR. Hyden, Miron & Foster, P.L.L.C. Jefferson County Bar Association IN MEMORY OF J. WILLIAM CAIN, JR. Justice D avid Newbern IN MEMORY OF SANDRA WILSON CHERRY Carolyn Clegg Hyden, Miron & Foster, P.L.L.C. IN MEMORY OF JEWELL DOWDEN Watts, Donovan & Tilley, P .~ IN MEMORY OF P.A. "LES" HOLLINGSWORTH, SR. James D . Sprott

IN MEMORY OF J UDGE GEORGE HOWARD Hyden, Miron & Foster, P.L.L.C. Mike Spades, Jr. Fred S. Ursery

IN MEMORY OF DANIEL SPROTT Carolyn Clegg IN MEMORY OF WILLIAM J. WYNNE Carolyn Clegg SCHOlARSHIP CONTRlBUTIONS WILSON & ASSOCIATES ETHICS SCHOlARSHIP FUND Wilson & Associates, P.L.L.C.

MEMORIAL GIFTS Please remember the Arkansas Bar Foundation when you choose to make a memorial gift hono ring a family member, a colleague o r a friend of the profess ion. Acknowledgments are sent by the Foundation ro the famil y ad visi ng them of the com riburion. The Arkansas Bar Foundatio n also receives and acknowledges gifts ho no ring individ uals for a special event in th eir lives. Arkansas Bar Foundation · 2224 Conondale Lane ' Little Rock • Arkansas 72202

Vol. 42 No. 3/ Sulluner 2007 The Arkansas la.ryer

47


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The Arkansas Lawyer - Summer 2007