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YLS Young Lawyers Section

In Brief A Periodic Newsletter of the Young Lawyers Section of the Arkansas Bar Association Hats Off 2 In the news 3

In this issue



YLS Report Brian M. Clary 6 Tech Tip 7 Did You Go to Law School to Change the World? Now There’s an App for That! Arkansas Access to Justice

changes made to the YLS List serv The YLS list serv was originally designed to be a valuable member benefit, allowing members of the section to communicate with one another about pressing issues or questions, as well as leadership of the section to reach out to members with important news. This has worked very well with the Association’s 28 other sections. We realized on Monday that changes are needed for the current set up of the YLS list serv. We have now added a moderator that will not allow any email to be sent without prior approval. This filter will keep unnecessary emails out of your Inbox.


Arkansas Bar Association Annual Meeting 8 CLE Calendar 10 Getting Paid... Faster then a Speeding Bullet Law Firm Merchant Account

Vol. 16 #1


Arkansas Traveler 13 Damia Rolfe Lawyer-2-Lawyer Mentor Program 14

We ask that you will give the list serv a second chance to function as the benefit it was designed to be. The emails sent with “remove list serv” were unable to actually remove you from the list serv. We hope you reconsider removing yourself, but if you would still like to be removed, below are the proper instructions to do so via email. 1) Create a new e-mail to 2) Leave the subject line blank. 3) In the body of the e-mail, put “unsubscribe YOUNG_LAWYERS_ SECTION” (without quotation marks) 4) Send the e-mail

Hats Off

In brief

Editor-In-Chief Tasha C. Taylor Graphic Design & Layout Anna Hubbard Assistant Editors Andrew M. Taylor Tasty Tips Editor Rashauna Norment What Judges Want Editor Mandy Thomas Contributors H. Brock Showalter Daryl Taylor

Young Lawyers Section Chair:  Brian M. Clary Chair-Elect: Vicki S. Vasser Sec-Treas: Anne Hughes White Immediate Past Chair: Brandon K. Moffitt


Chastity Clark is engaged to marry Zach Fittro on March 31, 2012. Hamilton Kemp is opening a general practice law firm in Little Rock this month. Heather M. May and James L. Tripcony are now partners at Tripcony Law Firm, P.A. Tripcony Law Firm has offices in Little Rock and Hot Springs. Vicki S. Vasser was recently named a partner in the law firm of Matthews, Campbell, Rhoads, McClure, and Thompson, PA in Rogers. Stewart Whaley built and actively maintains the iProBono iPhone app for the Arkansas Access to Justice Commission. Read more about this pro bono project on page 7 of this newsletter.

Anne Milligan ran the Little Rock marathon (the whole thing!). Kayla M. Barnett recently joined Taylor & Taylor Law Firm, P.A. in Little Rock as an Associate Attorney. Kayla’s practice areas include business litigation, appellate advocacy, personal injury litigation, collections litigation, and contract disputes. Joshua W. Bugeja recently joined the Meadors Law Firm in Fort Smith.

Executive Council: District A: Ryan Pettigrew Brian R. Lester Vicki S. Vasser

Joshua McFadden and Colin Johnson recently became partners at Davis, Clark, Butt, Carithers & Taylor, PLC. Rebecca Hurst and James W. Smith have formed the law firm Smith Hurst, PLC, located in Fayetteville. The law firm’s primary practices focus on entrepreneurial, business and corporate formation, transactional, course of business, taxation and governance matters, mergers and acquisitions, and asset protection and wealth preservation planning. Smith Hurst, PLC can be found online at

District B: Cory D. Childs Grant M. Cox Tasha C. Taylor District C: Timothy R. Leonard Susan Weaver Ryan M. Wilson

Victoria Leigh has started her own law firm Leigh Law LLC with a focus on consumer law/debtor issues, foreclosure defense, credit repair, debt collection defense. Her email address is Katie Kirkpatrick and Adam Wells are now partners in the law firm of Friday, Eldredge, and Clark, LLP.

At Large Representatives: Tessica Dooley Cliff McKinney Law Student Representatives: University of Arkansas at Fayetteville School of Law: Angela Artherton UALR William H. Bowen School of Law: S. Kate Fletcher

Justin Minton recently won his first jury trial in a personal injury case in the Pulaski County Circuit Court. He received a $50,000 verdict for his client against an insurance company. If you have information on YLS Members who deserve a “Hat’s Off” or would like to submit ideas for articles, please contact the editor of “In Brief,” Tasha Taylor at

YLS Challenge Reminder Participation in YLS activities throughout the year will put you in the running for winning a great gift at the 2012 Annual Meeting. Earn points by volunteering for YLS service projects and Association community events, attending YLS meetings and social events, or referring new members to the Association. A member is entered into the contest if they accumulate over 5 points during the year (ending at the 2012 Annual Meeting in Hot Springs). Each member must attend at least one meeting, social event, and service project. The additional two points may be accumulated in any manner previously mentioned. YLS has been keeping track of participants, but it is your responsibility to let me know of referrals and Association community events. You can contact me Good luck and we hope to see you at our next event! --Brian Clary 2

YLS In brief

In the news YLS at Work

Join YLS for Happy Hour

Arkansas Rice Depot

for all Young Lawyers

YLS members sorted and packaged almost 2,500 servings of food for the Arkansas Rice Depot on March 3th. Brian Clary, Anne Hughes White, Grant Cox, Greg Northen, Keith Harvey, Priscilla Gibbs, Jennie Clark, and Cliff and Katie McKinney helped pack, sort, and move food in the warehouse. Volunteers are an important part of the Rice Depot’s mission of feeding the hungry.

at Zapata’s Grill in Texarkana on March 29th from 5:30 - 7:00 p.m YLS Executive Council Meeting March 30th 18 & Life to Go

UALR William H. Bowen School of Law TableTalkPlus(+) April 9th • Noon-2:00 p.m. The Arkansas Bar Association, Arkansas Trial Lawyers Association, Pulaski County Bar Association, W. Harold Flowers Law Society, and the UALR William H. Bowen School of Law Career Services Office will sponsor TableTalkPlus(+), a career networking event for Arkansas legal professionals, law students, and recent graduates. Both students and firms should register for each of the events separately. Click here for more information or go to student-services/tabletalkplus/

YLS delivered over 200 copies of the 18 and Life to Go: A Legal Handbook for Young Arkansans to the Arkansas State Library for distribution to libraries across the state. The handbook provides young people with invaluable advice on important topics such as the management of credit and the various ways of settling disputes. It covers both civil and criminal issues.

Minority Outreach Committee The YLS Minority Outreach Committee is presenting a panel discussion to students at the University of Arkansas Pine Bluff on March 13th on“What I Wish I Knew Before Law School.” This is the second panel discussion presented by the committee. The committee conducted a panel discussion at Philander Smith College in November.

The Arkansas Bar Association Young Lawyers Section Minority Outreach Committee presents

“What I Wish I Knew Before Law School” Tuesday, March 13, 2012 6:00 - 7:30 p.m. Henderson-Young Hall (in the Sylvester Early Auditorium)

Join our interactive panel of attorneys for a discussion of getting into (and succeeding) in law school, and what you can do with a law degree.

Food will be served

Arkansas Bar Association Young Lawyers Section Minority Outreach Committee Members: Brian Clary, Cory Childs, Camille Edmison-Wilhemi, Kenya Gordon, Katina Hodge, Valerie James, Tamla Lewis, Kathleen McDonald, Rashauna Norment, Mary Catherine Way, Byron Walker, Jessica Yarborough Contact Cory Childs at 501-786-3706 or for more information about this event.

For more photos, Find us on Facebook!

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YLS Leadership YLS Executive Council Nominations and Petitions due Monday, April 2, 2012 YLS Chair-Elect, Secretary/Treasurer & District Representatives The YLS Officers shall be elected by the majority of those present and voting at the Annual Meeting of the Young Lawyers Section, which will occur during the Association’s June Annual Meeting. Chair-Elect elected from District B (one-year term) Secretary/Treasurer elected from any District (one-year term) Representative District A (three-year term) Representative District A (one-year term) Representative District B (three-year term) Representative District C (three-year term) Click here for more information on nominating petitions and procedures.

YLS Subcommittees Sign up online. Your Section Needs You! Volunteer members are the driving force of Young Lawyers Section and the Arkansas Bar Association. Your willingness to volunteer your time, talent and expertise guarantees the continued success of the section and building on the heritage of those members who have so selflessly committed to the work of the section in the past. Click here for online form or go to

YLS Award Recognition Frank C. Elcan II Award Nominations due Thursday, March 15, 2012 This award is given in recognition of a lawyer who has demonstrated exceptional leadership skills in and made outstanding contributions to the Young Lawyers Section of the Arkansas Bar Association. This award will be presented at the Annual Meeting in Hot Springs in June. Nominations may be submitted by any Association member. Click here for the online nominating petition or go to 4

YLS In brief

Leadership in the Arkansas Bar Association N o m i n a t i n g

P e t i t i o n s

D u e

A p r i l

2 ,

2 0 1 2

Sample petitions are available from the Association’s office or website. The petitions, current members of both bodies, and district maps are listed on the Association’s website at under the “About Arkbar” tab.

Board of Governors

House of Delgates

District County(ies) 1 Governor to be elected 2-BG Cleburne, Independence, Jackson, Jefferson, Lonoke, White, Woodruff 4-BG Bradley, Calhoun, Columbia, Drew, Hempstead, Lafayette, Little River, Miller, Nevada, Ouachita 9-BG Baxter, Boone, Carroll, Faulkner, Fulton, Izard, Lawrence, Madison, Marion, Newton, Randolph, Searcy, Sharp, Stone, Van Buren 11-BG Clark, Conway, Crawford, Franklin, Howard, Johnson, Logan, Montgomery, Perry, Pike, Polk, Pope, Scott, Sevier, Yell 13-BG Pulaski 14-BG Pulaski

District County(ies) No. of Delegates to be elected A-1 Benton 2 Delegates A-2 Washington 3 Delegates A-3 Crawford, Franklin, 2 Delegates Johnson, Sebastian A-6 Pope 1 Delegate B Pulaski 10 Delegates C-1 Clay, Greene, Lawrence, Randolph 1 Delegate C-2 Independence, Jackson, Sharp 1 Delegate C-3 Craighead 1 Delegate C-4 Mississippi, Poinsett 1 Delegate C-5 Cleburne, Crittenden, Cross, 1 Delegate St. Francis, White, Woodruff C-6 Faulkner, Van Buren 1 Delegate C-8 Grant, Jefferson, Arkansas, Lincoln, 1 Delegate Phillips, Lee C-9 Ashley, Bradley, Calhoun, Chicot, 1 Delegate Cleveland, Columbia, Dallas, Desha, Drew, Ouachita, Union C-10 Miller 1 Delegate C-11 Clark, Hempstead, Howard, 1 Delegate Lafayette, Little River, Montgomery, Nevada, Pike, Sevier

All Are Three-Year Terms Qualifications for Board of Governors The attorney must reside in the geographical area for the Governor’s position and must have served one year in the House of Delegates or must have been an Association member for seven years by the time of joining the Board of Governors in June. Election Process for Governors and Delegates For both governors & delegates, a nomination petition, signed by three current members of the Association who reside in the geographical area of election, must be filed with the Secretary at the Arkansas Bar Association, 2224 Cottondale Lane, Little Rock, AR 72202, no later than April 2, 2012.

Qualifications for House of Delegates The attorney must be an Association member residing within the Delegate District as defined by Article XVI Section 2 of the Association’s Constitution.

2011-2012 Board of Governors

Secretary and Treasurer

All are Three-Year Terms Except C2 which is a One-Year Term

Article III, Section 7 of the Association’s Constitution provides for an annual election of the positions of a Secretary and a Treasurer. Any member interested in serving in either of these capacities should contact Karen Hutchins at 501-375-4606.

American Bar Association Delegate One of the two ABA Delegate positions is open for election for a two-year term. The Delegate from this Association to the House of Delegates of the American Bar Association shall be nominated by petition signed by at least 75 Association members with at least 25 voting members from each of the three state bar districts. The nominating petitions must be filed with the Secretary at the Arkansas Bar Association, 2224 Cottondale Lane, Little Rock, AR 72202, no later than April 2, 2012. 5

Young Lawyers Section Report

by Brian M. Clary

Originally printed in the Winter 2012 issue of The Arkansas Lawyer magazine. Reprinted with permission.

Serving our Community & Bar The past few months have seen a number of Association and YLS service events. We need your help to ensure that YLS is able to provide great programming and support to both the at-large and legal communities in the months ahead. Here are just a few of our service opportunities. Shortly after the fall release of the second edition of 18 & Life to Go: A Legal Handbook for Young Arkansans, YLS presented two seminars to Pulaski Technical College students. YLS members discussed common problems that young adults face as they enter the “real” world and how the handbook could be a helpful reference for them. We fielded a number of hypothetical (and amusing) fact patterns and problems from the students. The events were well attended and received. During the spring, YLS members would like to make similar presentations across the state. If you have a special connection to your local high school, church youth group, juvenile court, or any young adult group, please consider giving your time. YLS will help in any way that we can. Consider making a presentation on Law Day, May 1, in your community. This year, YLS is participating in the American Bar Association’s Next Steps Challenge. The Next Steps Challenge aims to increase diversity in the pipeline to the legal profession. As part of the Next Steps Challenge, YLS is competing for a $3,000.00 grant to host more events across the state. Our goal is to partner with university student organizations to support the aspirations of diverse students to become lawyers. In October, the Minority Outreach Committee hosted an event at Philander Smith College for students interested in attending law school. YLS members 6

YLS In brief

discussed their road to law school and answered questions from the audience. The panel focused its discussion on how to gain admission, succeed, and graduate from law school. YLS plans to visit the University of Arkansas at Pine Bluff and other colleges and universities this spring. The Association and YLS has matched its first set of mentors/mentees. We had approximately 30 pairings. All sections of the state were represented. Following the February 2012 bar examination, the Association will send a request for additional mentors. The feedback we have received has been very positive. Please consider giving your time to a new attorney. This is an excellent way to foster goodwill and reminisce about your own experience as a new attorney. Elections for 2012-2013 YLS Executive Council: During the 2012 Annual Meeting, YLS will hold elections for six positions on the YLS Executive Council. This year, the Chair-Elect will be chosen from Bar District B. The Chair-Elect will serve as Chair of the YLS Executive Council in 2013-2014. Three district representatives will be chosen from each of the state’s three bar districts to serve three year terms. There will also be an additional district representative position from Bar District A that will serve for one year. A Secretary/Treasurer will be elected to serve a one year term. There are a few qualifications for each position. Only YLS members are eligible to run. YLS consists of all Association members under the age of 36 or who have been licensed to practice law within the last five years (regardless of age). The Chair-Elect position is only open to those members residing in Bar District B who have previously served on the Executive Council. A member seeking a District Representative position

must reside in that representative’s assigned Bar District. A member “resides” in the county where he or she maintains his or her primary practice. The Secretary/Treasurer position has no residency requirement. For nominating procedures and petitions, review the Bylaws of the Young Lawyers Section of the Arkansas Bar Association. This information may be found on the Association’s website and will be included in the next YLS In Brief. Be mindful that nominations and petitions must be submitted to the Association by April 2nd. I encourage all members to consider running for an Executive Council position. Please do not hesitate to contact me or another Executive Council member for questions regarding service opportunities or the upcoming election. n Young Lawyers Section Chair:  Brian M. Clary Chair-Elect: Vicki S. Vasser Sec-Treas: Anne Hughes White Imm. Past Chair: Brandon K. Moffitt Executive Council: District A: Ryan Pettigrew, Brian R. Lester & Vicki S. Vasser District B: Cory D. Childs, Grant M. Cox, & Tasha C. Taylor District C: Timothy R. Leonard, Susan Weaver & Ryan M. Wilson At Large Representatives: Tessica Dooley & Cliff McKinney Law Student Representatives: University of Arkansas at Fayetteville School of Law: Angela Artherton UALR William H. Bowen School of Law: S. Kate Fletcher

Did you go to law school to change the world? Now there is an App for that!

tech tip

provided by Arkansas Access to Justice

a few cool sites/apps: Sticky Notes with Alarms & Bumps an app where you can post sticky notes into your lock screen including how to contact you if phone is lost

Lookout Mobile Security for Android Iron Key Flash Drive Secure Flash Drive let me google that for you DBAN- securely wipes out hard drive on computer Ruby Receptionists Virtual receptionists @

Watch that monitor pages, extract new information

Seat guru by trip advisor helps you find best seat on a flight

Trip it organizes your travel twylah “makes your tweets shine” pinterest online pinboard hoot suite “social media dashboard” sprout social efforts”

“super-charge your company’s social media

He has donated over 250 pro bono hours and hasn’t had a single client. Yet his tremendous donation of time, expertise and innovation will help to increase the number of pro bono cases accepted for low-income Arkansans for years to come. Stewart Whaley is a licensed Arkansas attorney and professional software developer with 14 years’ experience creating solutions in the legal, healthcare, government and media industries. He could not fit the typical pro bono client scenario into his normal business day, but he knew he wanted to do something to help low-income Arkansans achieve better access to justice. Whaley is a co-founder of LogiCurrent LLC, which provided free development services for this innovative project. Other partners include the Arkansas Access to Justice Foundation and the Arkansas Legal Services Partnership. So after many late nights, lunch hours and weekends, Whaley and his volunteer team submitted the Arkansas project to the Apple App Store in late 2011 and received approval in January 2012. The first pro bono mobile service application, iProBono, can now be downloaded free of charge through iTunes at zS3J7W. Through this app, registered Arkansas pro bono attorneys can accept cases representing low-income Arkansans based on legal topic, county, or by other categories with their iPhones. A resident of central Arkansas, Whaley has developed technical solutions for the Acxiom Corporation, City of Little Rock, Arkansas Children’s Hospital, Arkansas Children’s Hospital Research Institute, and the Arkansas Center for Health Improvement, among others. He is an honors graduate of the University of Arkansas at Little Rock, received a J.D with honors from the UALR William H. Bowen School of Law and holds a Certificate in Japanese Studies from Kansas Gaidai University, Osaka, Japan. • • • • •

Visit LogiCurrent, LLC Visit Arkansas Access to Justice Visit Arkansas Legal Services Partnership Learn More about Pro Bono Opportunities Learn More about Justice Technology in Arkansas here

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The 114th Arkansas Bar Association

Annual Meeting 2012

June 6-8, 2012

Hot Springs Convention Center Hot Springs, Arkansas

A r k a n s a s

B a r

A s s o c i a t i o n

Y L S E v e n t s O N F RI D A Y • It Isn’t Easy Being Green: Understanding Major Issues Related to Developing Environmentally-Friendly Real Estate Projects Cliff McKinney

114th Annual Meeting

Strengthening Our Profession

June 6-9, 2012, Hot Springs

• Featured speaker Steve Clark • Young Lawyers Section Meeting 3:00 - 4:00 P.M. • Live DJ at the Arlington Hotel Friday evening

Hot Springs Convention Center & The Arlington Hotel

Joint Meeting with the Arkansas Judicial Council

Meeting Preview June 6-8, 2012

Wednesday •

Family Law

CNA Risk Management

Presidents’ Reception

Arkansas Bar Foundation

Exhibit Hall opens with registration, exhibitors, breakfast and lunches

Trial Track featuring Roy Franco on Mastering Medicare as well the Alford Plea, Appeals & Case Selection • Professional Development featuring seminars on Access to Justice & Supreme Court Certiorari Grants • Business Law • Governor Mike Beebe • 50 Year Luncheon

Shuttle service begins

• Leadership Academy Graduation •

YLS In brief

Friday Firm Reception


Feature Speaker George P. Bush:

Lessons I Learned From My

in the morning, including

Grandfather: The Importance of

Supreme Court and 8th

Public Service •

Masters in Trial: Voir Dire & Opening Statement

Six 30-minute sessions

Circuit Updates, Estate Planning, Criminal Law, Questions You Need to

Green Building Issues

Young Lawyers Section

Find out Immediately in

Swearing-In & Awards Ceremonies

a Civil Case and FOIA

Mitchell Williams, U of A School

of Law and UALR Bowen School

House of Delegates


of Law Reception

Children’s Program

Scan QR Code with your smart phone & bookmark the new Mobile Annual Meeting Page.



Fellows’ Dinner •


Guest/Spouse’s Program

Museum of Discovery Animal Program

Party Planning

Decorating Tips

Tommy Terrific Magic Show

Yoga with Breezy

Ale Tasting

Karate, Dance, Crafts

Spa Demo and Neck Massages Thursday and Friday

Check for hotel information.

2012 Arkansas Bar Association Annual Meeting Registration Form


Step 1 — Registrant Information

Supreme Court ID: ______________________________________ Name: ____________________________________________ Address: ______________________________________________ City: _____________________ State: ______ Zip:__________ Phone: (______) ____________________ E-Mail: ________________________________________________________________  Mentor Please ✔ check for ribbons:  Pro Bono Badge Name (First Name Only) __________________________________


 Young Lawyer  House of Delegates  Board of Governors

 Past President  Assn. Sustaining Member  Judge  PAC  ABF Foundation Fellow  Legislator  ABF Sustaining Fellow

Step 2 — Meeting Registration Member


Online Registration


 Non-Member Registration* $575

 Mailed/Faxed Registration


Registrations received on or before May 27th

Law Student


Registrations not received by May 27th must register at the door.

*Eligible non-Members may join and save up to $300 on registration. Renew your membership to qualify for discounted rates Registrations not received by May 27th must register at the door

 Law Student $45 Registration

OR Registrations not received by May 27th must register at the door

The above registrations include all CLE Programs (except CNA), Electronic Course Materials, Receptions, Hospitality Area, Exhibit Hall, ▲ Entertainment, Continental Breakfasts, Breaks, & Lunch (lunch tickets provided for each registrant & will be collected at the door).

CNA Registration for Members

 CNA Risk Management for Attorneys (Member)

CNA Registration for Non-Members

OR $100

 CNA Risk Management for

Attorneys (Non-Member) $200

 CNA Registration does not include meals or receptions. CNA is the only CLE event held at the Arlington Hotel.

Step 2 Total ____________


Step 3 — Additional Registrants

Guest/Spouse Registration

__________ @

$60 each

Licensed attorneys cannot attend CLE as guests and must register using the regular meeting registration above. Guest/Spouse’s Program is not included in the above registration (separate registration below). Lunch tickets are provided for each registrant.

Guest/Spouse’s Program __________ @ $30 each Children’s Registration

__________ @

$25 each

Children’s registration also includes Thursday and Friday Children’s Program. Lunch tickets are provided for each registrant.

Step 3 Total ____________


Step 4 — Payment Total Amount Due ____________ (add totals from steps 2-3)



Guest Name(s) ___________________________________ _________________________________________________ Child Name(s) ___________________________________ _________________________________________________ _________________________________________________ CANCELLATIONS: Full refunds, less a $50 administrative charge, will be given to registrants whose cancellation is received at least two weeks before the program begins. Refunds will not be issued for cancellations received after two weeks prior to program start. If you do not cancel and do not attend, you will receive the electronic course materials only upon request. Card No.: _______________________________________________ Exp. Date: _______________________________________________ Daytime Phone #: ________________________________________


Signature: _______________________________________________

Make check payable to Arkansas Bar Association

3 Easy Ways to Register

9 Online: • Fax: 501-881-4251 • Mail: Arkansas Bar Association 2224 Cottondale Lane, LR, AR 72202 Registrations cannot be accepted by e-mail


Presented by Sean Carter (Humorist at Law) and Stuart Teicher (CLE Performer)

March 16th

Immigration 411: Overview and Hot Topics, Little Rock

March 19th

Webinar-Un-Lucky Charms: When Bad Things Happen to Good Lawyers

March 28th

Webinar-Maximizing the Befefit of the Interpreter

April 2nd

RLUIPA: Religous Land Use & Restrictions, Little Rock

April 3-5th

Advanced Consumer Bankruptcy Practice Institute, Little Rock

April 5-6th

Debtor-Creditor Law Institute, Little Rock

April 11th

Webinar-Padilla v. Kentcuky: Defense Attorneys’ Duties to Advise Clients of Collateral Consequences

April 12th

Criminal Law Seminar, Little Rock

April 13th

Trials: Avoid the Tribulations, Fort Smith

April 19-20th

Employment Law Conference, Little Rock

April 25th

Webinar-Developments in Arkansas Civil Procedure

April 26-27th

Environmental Law Conference Eureka Springs

May 4th

Law Day Ethics, Little Rock

June 6-9th

114th Annual Meeting Hot Springs

June 25-29th

BCLE-Little Rock

June 28-29th

BCLE-Northwest, Rogers

September 21-22nd

Solo & Small Firm Conference, Lake DeGray State Park Lodge

YLS In brief

Webinar March 19th Noon-1:00 p.m. Un-Lucky Charms: When Bad Things Happen to Good Lawyers



Cyber CLE

It’s been said that “It’s better to be lucky than good.” Yet, nothing could be further from the truth for attorneys. Lawyers who depend upon good luck are gambling with their client’s fortunes (and their law licenses). The ethical lawyer must be prepared to deal with unexpected accidents, sudden illnesses, the negligence or malfeasance of colleagues/employees and much more. In this unique program, you will learn how to deal with misfortune when it arrives and how to develop a principled practice that invites good luck.

Webinar March 28th Noon-1:00 p.m. Maximizing the Benefit of the Interpreter Listen in and learn how to maximize the benefit of using an interpreter. Without a certified interpreter you could be doing a disservice to your client and your case. This program will explain why you need a certified court reporter in any case requiring translation.

Go to for more information and to register

Getting Paid...Faster than a Speeding Bullet provided by the Law Firm Merchant Account (An Arkansas Bar Association member benefit)

Technology and trends are changing faster than most non-superheroes can keep up with, much less an attorney attempting to run both a law practice and a business. How do you defend yourself against the onslaught of new technology with options changing on a weekly basis? Many attorneys are either completely overwhelmed, becoming paralyzed with indecision; or simply choose to ignore technology and change altogether. Some just hope it will all simply go away and wish for the “good ‘ole days” One of the most critical areas where this holds true is how attorneys accept payments, especially in regards to credit card processing. Historically, law firms have not considered themselves as “traditional businesses” but as professionals practicing law. While it is true attorneys have an ethical and sometimes higher calling to uphold justice, in reality, they

have to run a successful business first, which involves getting compensated for their work. If not, the ability to successfully practice law may be in peril. Money Talks… Cash flow is long known as the key to effectively running a business. With technology, attorneys now have the ability to finally control cash flow through the use of credit cards and electronic payments. By doing so, you gain control of your accounts receivables and ultimately your overall practice. If your practice currently maintains a significant outstanding amount of receivables, then you are effectively extending credit to your clients. In most cases, law firms do not have an “underwriting” process to determine the creditworthiness of their clients and have little insight into their ability to pay fees.

Traditionally, law firms do not perform credit checks or report delinquent clients to credit agencies. By allowing your firm to accept credit card payments, you can effectively shift your receivables to the card-issuing banks. Visa and MasterCard banks have already established the creditworthiness and financial capability of your clients. They are in the business of issuing credit, collecting debt and monitoring credit so you don’t have to. Credit cards and debit cards are becoming the payment of choice among consumers. As an example; today, credit cards are responsible for more than $2.5 trillion in transactions a year, accepted at more than 24 million locations, and used in more than 200 countries and territories. (Source: American Bankers Association, March 2009) In addition, there is an estimated 10,000 payment card transactions made every second around the world.

Member Benefit Provider


your transactions to the only merchant account recommended by over


bar associations!

Get Paid Increase Business Control Cash Flow Reduce Collections Lower Fees up to 25%

LawPay credit card processing


AffiniPay is a registered ISO/MSP of Harris, N.A., Chicago, IL


(Source: American Bankers Association, March 2009).Based on these emerging trends, attorneys can no longer ignore the importance of accepting credit cards, nor the risks associated with bad debts. How do I get started? If you are considering accepting credit cards in your practice, make sure the credit card processing company you choose understands the specific needs of a law firm. Most attorneys prefer to accept payment in a professional manner. As such, law firms do not have a check-out lane or ATMs stationed in their reception area. There are many custom payment options available to law firms which include credit card terminals and web-based solutions specifically designed for attorneys and their business. The total cost of a credit card transaction typically averages between 2% and 3.5% of the payment amount. Separating Earned and Unearned Fees One key feature to consider when opening your merchant account is the ability to separate earned and unearned fees when accepting credit cards. In order to stay in compliance with the American Bar Association, and most state bar, guidelines for credit card acceptance, a merchant account must correctly separate earned and unearned fees into operating and trust accounts to prevent the commingling of funds. In addition, a compliant merchant account should enable an attorney to designate which account should be used for withdrawals of all processing fees. The Law Firm Merchant In the world of merchant accounts, law firms are unique business entities. Unlike a restaurant or retail store, law firms have special considerations when dealing with credit cards and client funds. Whether you are considering accepting credit cards or already offer an electronic payment option, using state-of-the-art technology will ensure you are paid quickly and securely. Some other tips to ensure a successful transition to the modern ways of getting paid as a Law Firm Merchant: 1. Protect your trust and IOLTA accounts. Do not allow your merchant provider access to your trust account. Most merchant agreements will require you to give access to this account in the event of a chargeback or fraud. There are merchant services specific to law firms that correctly protect and safeguard your trust accounts. 12

YLS In brief

2. Avoid Storing Credit Card Information. If you bill clients on a monthly basis, you will potentially need the ability to re-charge their credit cards. Accepting credit cards through a secure web-base solution will allow you to avoid keeping sensitive credit card information within the walls of your office. Modern law firms are quickly moving away from the traditional credit card machines which sometimes require paper storage of client credit card numbers. This also limits the liability and risk to your firm of credit card information falling into the wrong hands. 3. Communicate to your Clients. Let clients know what your payment expectations are on the front end by including due dates, late fees and payment options as part of your fee agreement. It is much easier to establish these guidelines while your client is new and eager to get started. More importantly, continue to communicate to your clients what payment options you provide by including credit card logos or adding ‘Major Credit Cards Accepted’ to your invoices and website. Clients will commonly look for an attorney that provides credit card options. Even popular legal websites such as Martindale-Hubbell have specific search criteria to find attorneys that accept credit cards. 4. Use the Technology You Have. Once you make the decision to accept credit cards, be sure to use the payment option that best suit your needs. Depending on your area of practice, and more importantly where you interact with your client there are different choices to accept payment. For example, there are many options to accept credit cards with smart phones, including iPads and laptops. 5. Let Your Clients do the Work. By taking time to establish payment options on your website, clients can run their own credit cards. Not only does this provide a convenience to clients, but frees up the time you would normally spend processing credit card payments. This also allows you to avoid ever seeing credit card numbers, eliminating any responsibility to accept, store, shred or protect credit card numbers. 6. PCI Compliance. When you accept credit cards in your office, you also accept the responsibility of protecting cardholder data. Be sure your merchant solution is PCI Compliant. PCI-DSS is the Payment Card Industry’s security guidelines for merchants. More information can be found on the Security Council website, www.pcisecu- or other PCI specialists like What Checkbook? If you thought the internet was a fad, swore you would never carry a cell phone(now you do, but still trying to figure out how to send a text message),then you are likely thinking that you will never accept credit card payments from your clients. Like the Internet, credit cards and other forms of electronic payments have become an integral part of our nation’s commerce and the way many people prefer to pay. In 2009, credit cards officially surpassed paper check transactions in the U.S. Last year, over $60 Billion was processed through debit and credit cards. Perhaps it is time to rethink the way your firm handles billing and collections. Hall, Arbery & Gilligan, LLP a Mississippi law firm recently embraced payment technology and immediately saw a decrease in the number of days their invoices were outstanding. The firm administrator decided to take it one step further and add a payment option to their website Jeannie Johnston, Hall, Arbery &Gilligan’s Firm Manager and Paralegal, says by adding a Secure Payment Link to their website, they’ve seen an increase in payments by individuals who would typically make multiple payments via check. Johnston indicates one of the biggest benefits to using technology to get paid is the convenience and the ability to collect a full balance from clients. When asked if she would recommend using technology as a form of payment, Johnston says “I would absolutely recommend attorneys using technology to get paid. I believe this is the road attorneys are going down. Firms that haven’t previously considered using technology as a payment option should reconsider their decision.” You don’t have to be a superman to be a super lawyer It is not necessary to be a website developer or have a degree in computer science to embrace credit card payments, just a smart attorney that knows how to get paid. By using technology as a payment tool, you give clients flexible payment options while allowing yourself to get paid quickly and securely. So, with technology moving at a rate that is “faster than a speeding bullet”, throw on your SuperLawyer cape and take back control of your receivables and ultimately your practice. n

Arkansas Traveler

Photos courtesy of Arkansas Department of Parks & Tourism

This is the place to share your tips and reviews of the unique restaurants, hotels, B&Bs, hiking trails, entertainment venues, etc., that you have encountered while traveling around Arkansas. To submit your Arkansas Traveler review (in 150 words or less) about your unique encounter with all things cool in Arkansas, e-mail Tasha@

January 15, 2012—Sunday Birthday Brunch at Luna Bella in Hot Springs, Arkansas Today is my husband’s birthday and he has enjoyed every minute. He has been responding to phone calls and telling everyone about how much of a blessing it has been thus far. And it is only about 1:45 in the afternoon. We have just gotten comfortable and placed our order for Sunday brunch at Luna Bella in Hot Springs, AR. My husband ordered the pumpkin pancakes with three potato hash and crispy bacon. And I ordered the shrimp and crab frittata with toast, which also comes with three potato hash on the side. Now let me preface these next words by first saying that I am a foodie! I absolutely love good food! Not just any food but good food! And, believe me there’s a difference; which brings me to the pumpkin pancakes . . . When the waitress placed them in front of my husband, I decided to go ahead and try his meal first. Who would have thought that pancakes could be so decadent?! They were fluffy, sunken by a dollop of butter and drizzled with maple syrup and pecans. OMG!!! Let me just try my frittata. When I stuck a fork into my frittata, capped with spring lettuce and three potato hash, my fork arose engulfed by fresh and tender lump crab, fluffy egg, tomatoes and plump shrimp. Every nerve in my body began to sing and dance in unison. I was also drifting slightly towards confusion over which dish I enjoyed more. But, the more I melted into the frittata, the more I fell in love as each bite contained tender lump crab meat and plump shrimp. The three potato hash was not anything like I had expected. I was looking for a weird and colorful hash brown concoction. Instead, I was met with a white, purple and sweet potato combination that just might be insulted by being called a side dish. The potatoes were cut into maybe half-inch cubes tossed in a special mixture of seasonings that performed nothing short of a complimentary symphony perfect for both meals without being too sweet or starchy. I felt that this was a meal that could cause me to commit gluttony. And without regret, I did that day. I left there in a stupor singing, “Happy birthday to us”! So, for anyone that believes Hot Springs does not have any good restaurants, please allow Luna Bella the opportunity to change your mind. It is discreetly nestled in a small business plaza but the ambiance of the food screams elegance. And it was all at a very affordable price! What’s more, the service was awesome! Everyone was generously pleasant with their service and smiles. Oh, and did I forget to mention that the food was really good? And I just love good food! Damia Rolfe practices law at the Rolfe Law Firm, P.A. on 1920 North Main, Suite 107 in North Little Rock, where her practice focuses on family litigation, wills, criminal defense and personal injury. Mrs. Rolfe can be reached at (501) 604-4530.



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Introducing the new Lawyer-2-Lawyer Mentor Program The Arkansas Bar Association’s new Lawyer2-Lawyer Mentor Program is designed to provide a variety of mentor relationships to young lawyers who have been licensed in Arkansas for five or fewer years. Mentees can choose from the following three options:

What Type of Mentor Do You Want?

❒ The Mid-Day Mentor

❒ The One-Year Mentor

1-2 Hours per Mentor Relationship

1 Year Traditional Mentor Relationship

The Mid-Day Mentor Program is meant to be an informal and relaxed program that allows experienced lawyers (the Mentors) and young Lawyers (the Mentees) the opportunity to share in a brief Mentor relationship over lunch.

The One-Year Mentor Program is the Traditional Mentor-Mentee Relationship, where you will be paired with a Mentor for a period of one year. Mentees will be provided with contact information for their Mentors and will be encouraged to meet together quarterly.

When you sign up for the MidDay Mentor Program, you will receive a roster which will include the names of lawyers who have volunteered to be Mid-Day Mentors. If you are interested in one of the lawyer’s areas of practice and experience, simply contact that lawyer and offer to take him or her to lunch.

❒ The Mega Mentor (Both) Can’t decide what type of Mentor you want? Choose both! You can be paired with one Mentor in the One-Year Program and still peruse the Roster of Mid-Day Mentors to find other lawyers you might be interested in taking to lunch as part of the Mid-Day Mentor Program.

Simply fill out the Mentee Application and you will magically be paired with a Mentor who can help answer some of your questions and provide you with some guidance as you work to start your career.

The Arkansas Bar Association Mentor Program is sponsored by the Young Lawyers Section 14

YLS In brief

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MENTee APPLICATION FORM Introducing the New Lawyer-2-Lawyer Mentor Program The Arkansas Bar Association Mentor Program is designed to assist young lawyers with five years of experience or less (“Mentees”), in any particular practice area of law, by matching them with more experienced lawyers having five or more years of experience (“Mentors”). The purpose of the Mentor Program is to provide Mentees with professional, ethical and practical assistance on an individual basis. Mentors will be matched with associates based on a number of factors including, but not limited to, practice areas and geographic location. See the attached form for more information about the Mentor Opportunities available in the Lawyer-2-Lawyer Mentor Program.

Arkansas Bar Association Mentor Program

To participate in the Mentor Program, just follow the 3 easy steps below:


Decide Which Program You’ll Participate In: ❒ The Mid-Day Mentor

1-2 Hours per Mentor Relationship


❒ The One-Year Mentor

1 Year Traditional Mentor Relationship

❒ The Mega Mentor (Both)

Tell Us a Little About Yourself

___________________________________________________________|_________________________________________________ Name Supreme Court ID ________________________________________________________________________________|____________________________ Company Name Number of Attorneys in Firm ___________________________________________________|___________________________|____________|_________________ Mailing Address* City State Zip Code *Please list your address you prefer to have closest to Mentor ____________________________|_____________________________________|__________________________________________ Telephone Number Fax Number E-mail Address __________________________________________|___________________________________________|______________________ County of Your Practice Bar Admission Date Birth Year ____________________________________________________________________________________________________________ Special Skills and/or practice areas and/or Special Preferences ____________________________________________________________________________________________________________ Professional Affiliations and Section/Committee Membership 15

How did you initially become interested in getting involved in the Mentor Program? ❒ I saw an article/ad in the Bar Association Publications ❒ E-Bulletin ❒ I had a mentor when I was changing area(s) of practice

❒ I had a mentor when I was newly admitted ❒ A Bar Association staff contacted me ❒ A Bar Association member contacted me

Areas in which you practice – please indicate and rank the top five areas comprising your practice. (i.e., 1 being most relevant and 3 being of lesser relevance). __ Administrative Law __ Appellate Litigation __ Bankruptcy __ Business & Commercial Litigation __ Civil Trial Practice __ Commercial Law __ Consumer Law

__ Corporate Law __ Criminal Law __ Debtor/Creditor __ Elder Law __ Family Law __ General Practice __ Intellectual Property

__ Taxation __ Personal Injury __ Public Sector __ Real Estate Law __ Wills/Trusts/Estates __ Other __ Other

Please select any of the following areas of experience that you would like to discuss with your Mentor. ❒ Building and Developing Networking Skills ❒ Following the Rules of Professional Conduct ❒ How to Become a Partner in your Firm ❒ How to Build a Good Resume ❒ How to Develop Good Interview Skills ❒ Landing a Nontraditional Legal Job ❒ Law Office Management ❒ Litigation Skills

❒ Running for Judge ❒ Running for Other Political Offices ❒ Single Parents Who are Lawyers ❒ Starting Your Own Law Firm ❒ Transition from Government Lawyer to Private Practice ❒ Transition from Student to Employee ❒ Work-Life Balance ❒ Other

Signature ____________________________________________________________________________________________________________ Signature* Date *Your signature above acknowledges that you have been licensed in Arkansas for five years or less and are a member in good standing of the State Bar of Arkansas.

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Arkansas Bar Association Mentor Program


YLS In brief

Please Fax, E-mail, or Mail your completed form to the Arkansas Bar Association Fax to: (501) 375 -4901 E-mail to: Mail to: Mentor Program, Arkansas Bar Association 2224 Cottondale Lane Little Rock, Arkansas 72202

The Arkansas Bar Association Mentor Program is sponsored by the Young Lawyers Section

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Weekly Case Summaries Weekly case summaries of significant Arkansas Supreme Court and Court of Appeals cases are provided exclusively to members of the Arkansas Bar Association

each week in the weekly e-bulletin and Seventh Edition Revised March 2011

Prepared By Arkansas Bar Association Young Lawyers Section


on New member benefit online links to each decision now provided

Opportunities to write for YLS In Brief include: • Tech Tips (discuss technology that you use in your practice, etc.) • Legal Articles (use this as an opportunity to tell us about your favorite practice area, discuss rule changes, analyze recent cases, etc.) • Arkansas Traveler (play the part of a critic as you share your unique dining experiences, shops, hotels, entertainment venues, etc.) • What Judges Want (volunteer to interview a judge and share the judge’s answers to your questions with other young lawyers) • Tasty Tips (if you have a fun recipe you would like to share, submit it and it might be selected to be included in the newsletter) If you are interested in writing for a future issue, please contact Tasha@

Are you feeling overwhelmed? Arkansas Judges and Lawyers Assistance Program can help. We understand the competition, constant stress, and high expectations you face as a lawyer, judge, or law student. Sometimes the most difficult trials happen outside the court. Unmanaged stress can lead to problems such as substance abuse and depression. Arkansas JLAP offers free, confidential help. All JLAP services are confidential and protected under ARJLAP Rule 10 of the Arkansas Code.

Call 501-907-2529 • Email 17

YLS In Brief March 2012