YOUNG LAWYERS SECTION REPORT Payton C. Bentley is the Chair of the Young Lawyers Section. He is an attorney at the Clark Law Firm, PLLC.
Since the last update, YLS’ hopes of in-person events has come to a halt with the increase in COVID-19 numbers. YLS, however, has remained steadfast and active! On August 18th, I spoke on behalf of YLS at the 1L orientation at the University of Arkansas at Fayetteville School of Law, welcoming the new 1Ls to the profession. I provided advice on professionalism in school and the community as representatives of the legal profession and finding a group of peers to help cope with the stresses of law school. I also discussed the many benefits of being a student member of the Arkansas Bar Association. On September 30th, I had the honor of recording a brief video at a local recording studio in Fayetteville, Crisp Recording Studios, that covers the many benefits of being a member of the Association. I also spoke about my experiences on the Legislation Committee and the vital role our Association plays in advocating and advancing the practice of law. More below! This video will be sent to the new members of the Association and the new admittees who recently passed the bar exam. The YLS’ Executive Council met on October 4th to begin discussing some options for safe outdoor in-person social events and options for a virtual event for the Mid-Year Meeting. YLS is in the process of updating the Domestic Violence Handbook under the leadership of Alexandra Benton. YLS is also forming a committee to update the Local Practice Guidebook that provides information on judges, trial court administrators, and clerks for every county in Arkansas. This committee will be co-chaired by Ezra Smith and Elizabeth Richardson. Make sure to keep an eye on the YLS Facebook page and the YLS ACE Community for future updates!
Legislative Advocacy One of the most important functions of our Association in representing our profession comes in the form of legislative advocacy. The painstaking work the Association puts into legislative advocacy is frequently overlooked and unrecognized. Before I got involved, I had no idea what the Association does for our profession related to legislative advocacy. Now, as a member of the Legislation Committee, I have witnessed the hours on hours of hard work the Association puts in to advocate and advance the practice of law. The Committee reviews every single bill that is filed during the legislative session to identify bills that have an impact on the practice of law or the administration of justice. The Committee meets every Friday during the legislative session to discuss and debate the identified bills and constitutional amendments that impact the practice of law. We then report to the various sections the bills and constitutional amendments that impact their practice area to obtain more information on the subject matter or input on the position the Association should take. This feedback from our members is essential for the Association to be able to advocate on behalf of all our members. We use this information and feedback from the sections to have more vigorous debates and entertain motions to support, oppose, remain neutral, or take no position on the identified bills and constitutional amendments. The position the Committee takes on the identified bills is communicated to the bill sponsor or the legislature in general through the Association’s lobbyist, Jay Robbins. The Association is truly fortunate to have Jay Robbins as our lobbyist. His expertise and ability to communicate on behalf of the Association is invaluable to the Association. The Association will frequently also have
a member representative attend legislative sessions on certain bills to testify to the Association’s position. Under the Association’s bylaws, the position the Committee takes on constitutional amendments is reported to the Board of Trustees, which then has the authority to override the Committee’s position. The ultimate position of the Association on constitutional amendments is likewise communicated to the amendment sponsor or the legislature in general by Jay Robbins. A member representative typically will attend the legislative session on the amendment to testify to the Association’s position. Lastly, a priority of the Association is to advance our own proposed legislation to improve the legal system in Arkansas through our legislative package that is advocated by Jay Robbins to find legislators to sponsor and support our bills. The 2020-2021 legislative package included bills for Non-Candidate Expenditure, Uniform Limited Liability Company Act, Uniform Fiduciary Income and Principal Act, Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, and Power of Attorney Technical Corrections. All the 2020-2021 legislative package, except the Non-Candidate Expenditure bill, passed through the legislature and is now law. This is a great accomplishment for the Association. A special thanks is owed to our members who worked tirelessly on drafting and revising these bills, and of course to our Lobbyist, Jay Robbins. Involvement in the Association and in the various sections allows you to provide a voice on proposed legislation that impacts your practice and is key for the Association to be able to represent all our Members! ■
Vol. 56 No. 4/Fall 2021 The Arkansas Lawyer
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