The Arkansas Lawyer - Summer 2006 by Arkansas Bar Association

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The Arkansas

EDITOR AmUl' Hubbard

awer

G RAJ)H IC DESIGN SarlI ul1ldis

EDITORIAl BOARD l'hiJip E.. K.apl:rn. C h.air Judge Wiley A. Branton. Jr. Michelle H. Cauley Milton Fine, II Willi:un D. H.aught M.ary Beth Matthews Smart P. Miller Cordon S. Ra ther. J r. Christopher Travis David H. Williams -!eresa M. Wineland OFFICERS President James D. Spron ~rd of Governors Chair J udge Cindy Thyu President- Elect Richard L Ramsay Immediate Past President

Vol. 41. No. J

features 10 Terrorism Comes Home - Anti-Terrorism and Anti-Money laundering Affecting the Real Estate Industry W. Bradford Sherman

A. Glenn V:asser

Secretary-Treasurer William A. Martin Parliamentarian Leon J o hnson Young uwyers Section C h... ;r Michelle H. Cauley

14 Advances in Courtroom Technology Judge Willard A. Proctor

Executi~ Director Don Hollingsworth Associate Executive Directo r K.arc n Hutchins

BOARD OF GOVERNORS Thomas M. Carpenter Niki 1: Cung Jim Po.I Flowers David M. Fuqu... C h... rl c:s L H;uwell Anthony A. Hilliard Colelte D. Honorable Willi ... m O. J:.unes Jim L Julian Sc...n T. Keith I-larry A. Light C halk S. Mitchell John R. Ped Donna C. Pemu D... nny M. Rasm ussen Brian H. Ratcliff Frank B. Sewall lOdd M. Turner John T. Vines Eddie H. Walker, Jr. Tom D. Wom ... ck

16 How to Make the losing Oral Argument Coleen M. Barger

18 Practice Tips Working with the Prosecuting Attorney's Office Hugh A. Finkels tein

LWSON MEMBERS Barry O(;lcon Phyllis M. McKerl1je Doll Hollillgw.-ortb Jack McNulty Judge Kim M. Smith G!rolyn B. Witherspoon Judge Jesse: E. Pona, Jr.

A,.,,_

(USPS 54&040) IS pubJish.td qu.merly by I'modicak post~ paid at unk Rodt, ArlaJWS. I"OS1'MA.STER: send add=s chwga to TH A ....._ ill.",.

til( Adurl$aJ &. A$socQtion.

u,WJ", 400 'i('~t Ml.itham, Littlc Rock, A.bnRl 72201. Sub:scripuon p.;o, to non-mc:m!J.,1'l of the Arbnw lb. Auoci~tion S3~.00 pcr ~a •. My opin ion ap~ herein is that of the author, 3nd not n«cu;o..ily th~t of the: ArbnAS Ibl AuoI;iation or '1'' '' A .....IWII Lt.,."..... Conlribution> 10 TIH Ark4......... u,"')'ft' are wdrome and ~ be Km 10 ahubbard@l;ukh,lI.com, TH A""'/UoU Lt.wyrr. 400 Wdl Markham, uttk Rodt, Arlanw 72201 . All inqUIDCI roprdrns ad-..:rrising should be iCfIt 10 EdUOI, 71H AnI-...u.q- Ur"'1'"' at tilt- abo.... addrc$s. Copynght 2006. Arlanw &r~uon. All nghlS~.

26 Arkansas Supreme Court Historical Society Noteworthy Arkansas Jurists: William Wallace Wilshire Logan Sco tt Stafford Contents Continued on Page 2

Presldellt's Report

by James D Sprott

The Takeoff

I like to fl y. N o, o nly does a small pl ane cake me to my des tinatio n qui ckly. it provides a chalJenge CO physical and mental abil ities. And what a reward it is ro land at the destinati on as planned. Each flight, takeoff. the climb, the crui se and from the landin g, is pure joy to onc who likes co fly as mu ch as J do. The next twelve months will be much like a flight. From my emp loymem by fo rmer Bar Pres id ent, James B. Sharp. in 1973, I have been preparing for m is year. T here is a destination in mind, things 1 hope we can ach ieve together. And as we take off, each of us can enj oy our work for the Arkansas Bar Associat ion. So, where are we headed all this flight? What's our desti natio n? This year, we will com plete o ur renova-

tion of our Bar Cemer, complete our dri ve co fund rh e renovation, and move. Fo r the past severaJ yea rs. our Bar Center has bee n the focus of much of the volunteer and staff energy of our Association. Various committees and many voluntee rs have worked our the operating docum ents between th e Associatio n and o ur Fou ndatio n. raised over $2.2 million in pledges. im plemented co nstruction contractS and will now oversee the construction that has begun o n the bu ild ing. T his fall, ou r efforts will shift to the acquisition of furnishings. the move of the memo riaJ s to past do no rs an d the transitio n of all o ur staff and acti vities to th e new building. So. so metime in this year, we wiiJ complete a project rhat has req uired our pri ncipaJ focus. allowi ng us to use o ur resources and energies on other im portant and mea ningful projects fo r our members. This yea r. we will heighte n the efforts of th e Arkansas Bar Comm iss io n o n Di versity. O ur former President. Ron H arriso n. chaJ-

You know our destinations: completion of the Bar Center, continuation of efforts of ABCD, emphasis on solo and small firm lawyers, and success with the Legislative Session in 2007. Now we need your help. lenged us ro address th e iss ue of the needs o f all our members and hel ped us es tablish ,h e ABC D . Now, led by Troy Price and Jim C rouch. this Commiss ion has bee n reStructured and a group of thi rty of o ur membe rs will address the specifi c goaJs ro achieve. the methods we can use ro atrain those goals. and the implementation of those methods. It is an exciting tim e fo r ABC D and I loo k forward [Q th eir work. T his yea r. we will emphasize the impo rtance of our solo and smaJ l firm lawye rs and the benefi ts our Association prov ides [Q th em. Mos t of my legaJ wo rk has been as a solo practit ioner. Sometimes. our so lo or small firm lawyers in the co untry get the imp ress ion o ur Associatio n is a centraJ Arkansas associatio n. Nothing could be further from the truth. and I hope ro demonstrate the impo rtance of our Associat ion [Q fo lks like me. First, I will spea k at any local bar meeting o r civic cl ub yo u in vite me [Q anend . Second, th ere will be an "Offi ce Day" each week when I will be at the Bar CelHer available fo r your ca lls. visits o r

fo rm al meetin gs. And . th ird. Annual M ee ting C hair Brian Rosenthal and I are planning a "Solo/S maJ l Practi tio ner Day" at next year's annuaJ meeting. with a tracr of CLE focused on me needs of we coumry lawyers. Th is yea r, we will advance the legislati ve package of our Association duri ng the Legislative Session in 2007. Ou r House of Delega,es has adop,ed a package of impo rtant legislation which our lo bbyist. Jack McN ul,y, will pursu e befo re th e Legislature. O ur Legislatio n Committee. headed by Jack Davis. stands ready to consider and act o n any proposed legislation th at may affecr ou r professio n. O ur Pres ident-Elect. Rick Ram say. and I are ready to tes tify befo re com m ittees when necessary [Q advance our goals. Ho pefull y. each of you will rake pan by joining the Legislative Action Netwo rk. standin g ready ro co ntact legislarors (hat you kn ow ro vocalize our Association's positio n on bills as they arise. This legislative sess io n will be an important activity for our Associatio n this com ing spr ing. and I believe we are prepared . The takeoff is now complete. You kn ow o ur destinatio ns: completion of the Bar Center. co ntinuation of effon s of ABe D , emph asis on solo and small firm lawyers, and success with the Legislati ve Sessio n in 2007. Now we need your help. Please co mm unicate with me. invite me to yo ur local bar meetings and civic clubs. Hel p me address these goals in yo ur commun ity. Yo u know the folks in your commun ity that could benefit. th at need ro hear o ur story. so please help me identify them and ge, before th em to add ress iss ues you believe to be importa nt. Working together, (h is flight of ours will be fun. and successful! _

Vol. 41 No. 3/Sullllllcr 2006

TIle Arka nsas La"Ycr

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For a complete listing of handbooks, pamphlets, and CLE seminars go to www.arkbar.com or call (800) 609-5668 or (501) 375-4606

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Vol. 41 No. 31Sul11l11cr 2006

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We Can! "Whether you think that you can, or mat you can 't, you are usually right"."

- Henry Ford The Young Lawyers Section has thoughr that it can for many years. We have lIsually been right. For the last several years our anendance at the YLS meeting during the Annual Meeting has steadily risen. For the third year in a row we had a standing room only. For the third year in a row we have asked the Big Bar (0 arrange for a larger room for ou r meeting. And, for the first year in YLS his(ory . .. our request has been granred . I JUSt recurned from 3ncnding the Annual Bar Leaders' Retreat, and everyo ne was so impressed with [he work of rhe YLS, thar they unanimously agreed co move our meeting place for the 2007 Annual Meeting despite the scheduling nightmare this will create. If all works oue, we wiU most likely occupy the Magnolia Room on the firsr Hoor of the Arlington in 2007. We wililer you know the final details sometim e next Spring. So what's the attraction [0 our meetings? Well, a pessimisr may say its the /Tee-Howing champagne mat we have become so Famous for. but an optimist would say the champagne is the least of the attractions. Despite my pessimistic tendencies, I must Fallon the side of o ptimism on this o ne. As some of you know, I had cl, e big (very big) job of chairing rhe Bar Associatio n's Mock Trial Co mmittee this past year, and found myself, more than once, in dire need oflast minute volumeers. Each time the Yl.S cam e through for me with an overwhel ming response to my desperate e-mail pleas for volunreers. T his year's Mock Trial success-which was outsranding-is due in very large parr to rhe YLS, and I would like co personally rhan k all of YO li who volunreered your rime. If you haven' t volumeered in rhe pasc, there are plenty of opportunities to d o so now. We have several annual projects thac are always in need of vol unteers. Every year the YL5 organ-

izes and presents th e Bridging the Gap Semin ar. This generall y takes place in November every year. Now is the perfect time to help us in planning scminar topics, and arranging speakers. Anothcr great project is Law Day. The events of this comm ittee culminate around May 1st of every year. C liff McKinney, Co urtn ey C rouch, Ka Ti na Hodge, Gwen Rucker. and Ben Cox did an oursranding job wirh Law Day this year, and even received recognition in the Arkansas DmlOcmt I High Profile section for their activities. This committee usually heats up around the faJl, so if you are interested in volwlteering, pl ease let us know. The Mock Trial Committee is being chaired by Bill Mann this year. and his co-chair is our own Yl.S member. Taura McDaniel. The Mock Trial competirions (Regionals and Srare) usually rake place in 13re February and early March. Please co nmC[ Taura if you are imerested in working on this committee. Lastly. my primary focus this year will be o ur handbooks. The YLS has over the years published a number of very high qualiry handbooks for lawyers and the public. Some of these indude the Statute of Limitatio ns H andbook, Co nsumer Law H andbook, Senior Citizens and Caregivers Handbooks, and Parent Wars Handbook. The most currem versions are posted o n the Association's Web site at: lutp:/Iwww.arkba[.com/ publi cations/publication public.hunl. These handbooks are excellem resources for lawyers and non-lawye rs alike. My goal this year is for Yl.S to form a new comminee dedicated solely to reviewing each of our currem handbooks and deciding which ones are in need of updaring, how rhey need co be updated, and developi ng a sched ule for furure updates of some of our more recem handbooks. Many of you have already signed up for this committee at the Annual Meeting. and I will be calling yo u shordy. If you have nor signed up and are interesred. please call o r

e-mai l me. Lastly, I would be remiss if I didn ' t acknowledge that this entire idea for a new handbook eommirree was fueled in large parr by the success of our recent revision of the Senior Citizen and Caregiver's H andbook. Jay Scurlock of Ba.rrett & Deacon in Jonesboro chaired this revision comminee, and did a wonderful job. I <an nor say eno llgh good th ings abour Jay and cl,e efforrs he and his cOllllni ncc put into making this revision and re-print such a success. Thank you, Jay. As you can see we are looki ng forward to a prod uctive year. The Yl.S Executive Council will be meeting frequently to o rga nize our various projects. To get involved, please contact me. or any of the members of the Executive Council: C hair: Michelle Cauley (meauley@mwsgw.com); C hair-Elecr: Amy Freedman {amyfrccdman@c..1.blcone. nct Secretary-Treasurer: Courtney Crouch (ccrouch@mwsgw.com) Central District Representatives: . Amy Johnso n (amy.johnson@kurakrock.com), Wayne Young (wyoung@fec. ner), and Tony Juneau (tj uneau@mwsgw.com); South and East District Representatives: Paul Bennet. (pbenncn@ramsaylaw.com) Eddy Doman (edo man@arlclaw.com), and Amy Freedman (amyfreedman@eableone. ner); and Northwest District Represenratives: Farrah Fielder (flI@lcahlaw.com), T it Brixey (rbrixeY@Allrel.ner), and Bill Horron (bhorro n@juscieeroday.com); At L'lrge Appointments: Ka l 1na Hodge (katin a. hodge@arkansas.1g.gov), and Gwen Rucker (gwen.rucke,@arkansas.gov)

We hope to hear from you, and have a great year! _

Vol. 41 No. :VSul1ll1ler 2006

TIle Arkansas lmryer

Terrori By W. Bradford Sherman

The bottom line with respect to Ln traduclio n

both the Order and the Act is that it is advisable for all persons to whom they potentially apply, which is just about anyone involved in the real estate

Anyone in [he commercial real estate industry since September 11, 2001, has probably gorcen used CO lenders requesting a social security number and a driver's license picture before opening a bank account or borrowing money. The same or similar rules and rcstrictions {hat apply to lenders, however, may soon apply ro most real estate professionals. including owners. brokers, property managers. brokers and title agents, and even rcaJ estate 3norneys. Execut ive Order 13224

industry, to immediately set up a compliance

program.

10 The Arbnsas lawyer

On September 24, 200 I, Pres idenr Bush issued Executive Order 13224 (the "Order"). which in pan prohibits "any transaction or dealing by United Stares persons or within rhe United S[ales in property or inrcrests in property" of suspected terrorists or those who are associated with suspected terrorists. I he Order applies nor only (Q tran.s.1ctions with suspected terrorists, bur also those who assist in, sponsor or provide support or services for, or are associated with suspected terrorists. and rhose who are owned or controlled by, or act for or on behalf of suspected tcrrorist5. ' l1,e Order does not clarify

www.arkbar.com

whether persons arc responsible for past transactions as well as future ones. The Treasury Deparmlent'S Office of Foreign Assets Control maintains the Specially Designated Nationals (SDN) Lis<. which setS form persons with whom all U.S. citizens are prohibited from doing business. See http://wwwrreas.gov/offices/enforcement/ofacls dol. The SON list is long, contains small print. and is updated regularly. Due [Q the cumbersome nature of the SON list, there are many software programs available wh ich pu rport (Q track names on the SON list. A "'transaction" with a suspected terrorist could include, withom limitation, leasing. brokerage, fi nanci ng. purchasing. selling. fOrIning a limited liability company, limited pattnership or other lega] emiry, investing or even emering imo a property management arrangemenr with someone. The Order app lies to owners, landlords, (enams, properry managers, brokers, tide agems, and last, bur nOl least, real estate anorneys. Willful violations of the Order can result in criminal penalties. including substantial fines and/or lengthy imprisonment. All other violarions are subject to sub.sr;.II1rial monetary penalries.

m Comes Home Anti-Terrorism and Anti-Money Laundering Affecting the Real Estate Ind ustry USA PATRIOT ACT The USA PATRIOT ACT (the International Money Laundering and Anti-Terrorist Financing Act of 200 I ) amending the Bank Secrecy Ace of 1970) (the ''ACt'') supplements Executive Order 13224 by requiring thac all "financial insricurions" implemcm a customer identificacion program and an anti-Ill.oney laundering program. According co the Act the tcrm "financial insrimtion" includes persons involved in real estate closings and serdemcms." This requirement has generated a lot of queslions including how to define "persons involved in re.-u estate closings and scnlements" and what is required of such persons. The Depanment of Treasury, Financial Crimes Enforcemcnr Network, and Anti-Money Laundering Program promulgated proposed regulations on ApriJ 10. 2003. defining financial insti(ll[ions {Q include "persons involved in real estate closings and settlements." These proposed regulations are awaiting codification in 31 CFR pt. 103, and will include at a minimum: The development of internal policies, procedures and controls; The designation of a compliance officer;

An ongoing employee training program; and An independent audit function to test programs. Penalties for non-compliance with the Act are: • 10 to 30 years imprisonment for willful vio lations; $50,000 [Q $10,000,000 for criminal vio lations; $ 1 1,000 [Q $1,000,000 per viola cion civi l penalty; and • Related penalties under me Trading With Enemy Act may teach $ 1,000,000 per violatio n and $100,000 individual fines. What has not yet been clarified by the Treasury Department is specifica1ly what persons are included in "persons involved in real estate closings and setdemems.» Ir seems likely, at a minimum, that this definition includes those persons in the real estate industry who accually deal with the money of others, such as

ride agems, real estare managers, brokers and real escate attorneys. The bottom line with respect (0 both [he Order and rhe Act is that i[ is advisable for all persons to whom they potentially apply, which is just about anyone involved in the real estate industry. to immediately set up

W. Bradford Sherman

isa shareholder

a"d director of Gill Elrod Ragoll Owell & Sbe"1Ilall, P.A ., Little Rock, Arkallsas, a"d is head of the finll~ Real Estate Development Group.

Vol. 41 No. 31Sull1ll1cr 2006

n,e Arkansas lal'Ycr

A "transaction " with a suspected terrorist could include, without limitation, leasing, brokerage, financing, purchasing, selling, forming a limited liability company, limited partnership or other legal entity, investing or even entering into a property management arrangement with someone. The Order applies to owners, landlords, tenants, property managers, brokers, title agents, and last, but not least, real estate attorneys.

a compliance program. While neither the O rder nor the Act provide specific criteria for compliance therewith. some suggested steps are: • Obtaining SDN ",arching and tracking software; • Designating a compliance officer within your company; • Preparing written imernal policies. procedures and controls. which should include: • checking the SDN list on a regular basis; and • "know your cusromer" procedures (Q enable you to know who you are dealing with, such as the furnishing identification; • Periodically train ing employees in administration of your internal policies, procedures and controls; • Documenting performance of your policies, procedures and conrrols with respect to each person; • Checking the SDN list for both pending transactions and past transactions; 12

The ArkJn~as lm-.yer

\\'\war~bar.com

•

• •

Periodically auditing compliance with your internal policies. procedures and controls; and Adding a provision in all agreemenrs that requires all parties thereto to warram: that they are nOt a "suspected terrorist" as defined in Executive Order 13224; that they are not on the SDN list; and thaI (hey are not an entity with which you are prohibited from doing business with under the ami-terrorism laws.

If you get a match on the SDN list with someone with whom you are doing business, you should. at minimum. do the following, in the following order: • Freeze and segreg;ue any funds or orher assets of such person from any other assets; • As many SON software programs search not only the SON list, hue also related iiSlS slich as rhe FBI's

Most Wanted List, make sure your match was actually with the SDN list. • Usc any identifying information available to you to determine if the match is an accurate match to the person you with whom you are doing business; • Call your counsel; and • Call the Treasury Department's Office of Foreign Assets Control at (202)-622-2490. For most people in the real estate industry, these procedures will mean additional work and expense in an already heavily regulated industry, and the chance of actually doing business with. person on ,he SDN list will seem very small. However, even one instance of doing business with someone on ,he SDN lisr could result in substantial financial risk and possibly imprisonment. Awareneso; of these requin:rnenc; and implemenmrion of these procedures could make ,he differencc, and ir is always a good idea co know with whom you are doing busi ness .•

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H E N R Y LAW F IR M P OST OFF I CE B OX 11 05

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72702

vances Courtroom Technology By Judge Willard A. Proctor

Many great trial bwyers arc successful beCluse they :lre good storytellers. Words uuered by a skilled trial lawyer paint vivid mental images that are so real that everyone in the courtroom becomes transformed into eyewitnesses of the events being described. Eyes arc

opened wide and ears lisccn keenly as the skilled trial lawyer takes his audience on a journey of well-placed crescendos, measured pauses and strategic whispe rs. All of th is is often done with little or no visual aids. Increasingly, however, great rrial lawyers arc able to tell even bener stories with the help of technology. The right image displayed at the right time is worm the proverbial thousand words. When used effectively, courtroom technology even allows the trial lawyer less gifred in gab ro painr vivid visual images thar are as effecrive as the memal images paimed by their skilled counterpans. Bur. technology has nor jusr benefited lawyers. Couns have benefited immeasurably rrom lcdtllology. Willi juror lIIallagclllcllt ~Urlware. t:ouns arc: able to manage every aspect of jury service. Legal databases give couns access ro appellare cases within minutes of being decided. And, with electronic filing, case files are easily accessible. Soon recenr advances in rechnology will be as much of a fixture in the counroom as [he bench itself.

BASIC TOOLS OF A MODERN COURTROOM

There are 3 myriad ofirems dtar maybe found in a modern courrroom, bur dtere are rwo basic rools thar mosr modern courtrooms have--computers and presentation podiums. There is, perhaps. no one irem thar personifies the advancemems in counroom technology more than the compurer. As compucers have become more compact, their spread imo courtrooms has exploded. Compucers are increasingly more common on the bench and at counsel's rabies. Computers at counsel's tables make legal research possible with a few strokes of dte keyboard. Legal research may be conducted online or via CDIDVD. Artorneys are able to access em ails, keep all of their trial notes, pleadings, and exhibirs on 14

TIle Arkansas la\-rycr

\\I\\I\v.ar~bar.com

thumb drives that fit in their shirt pockets and do <III of rhis while keeping an eye on whar's happening in the world. Compucers also make RealtimeÂŠ available. RealtimeÂŠ displays everything that is being transcribed by the court reporter as ir is happening. Testimony may be searched using keywords. Notes on key points may be taken in the margins nexr to testimony as it is given. Statements made on the record may be reviewed instantly. RealrimeÂŠ is invaluable to courtS as well as it aids in making berter rulings by providing an accurate account of whar has occurred so that objectionable testimony may be viewed instantaneollsly. In addition to computers, many modern courtrooms have presentation podiums. Presemation podiums replace lecterns serving as command cenrers from which a lawyer is able to direct the management of his case. Most presentation podiums contain a documenr camera thar is connected ro a projector or some other device thar will display exhibits. A documenr camera looks and works in many ways like an overhead projector. The major benefit that rhe documenr camera has over the overhead projector, however, is that dtere is no need to make transparencies. Any exhibit placed on the documenr camera will be projected. Wall[ to disp lay a fingerprinr? Simply place the subject's finger under the documenr camera and zoom in. The document camera is able to magnifY the finger large enough so that the individual ridges of the fingerprinr may be COlinted. Pictures, diagrams, weapons. and drawings of every sort may be displayed in the same manner. Document cameras and projectors make poster boards and easels obsolete. Displaying an exhibit is good, but what good is an exhibit jf it can't be marked on? To address this problem. modern courtrooms may also have a digital annmacing sysrem or deLlrunic di.splay board that allows users to mark on exhibits as they are being projecred. These marks overlay the exhibir leaving it untouched. The exhibit containing dte markings may then be primed and introduced. The wirness and the anorney mark on the exhibit using a digital annotaring tablet or touch screen monitor. Pointers and markers are no longer needed.

Some modern tools shown here in Judge Proctor's courtroom include computers at the counsel table, witness stand, and on the bench; and a presentation podium with a document camera.

Become resigned to the fact that problems will occur. Bring the old tools only as a back up. And finally, remember, the man that brings a pocket T he prescm3rjon podium will also often contain a comp uter andior co nnecrions for a laptop, a DVD/CD/MP3 player. a VCR, and a rape cassette recorder. In many systems, the arcorney comrols rnese items through a device that interfaces everything at one cemeal point.

knife to a machine gun fight will probably end up on the short end of the stick at the end of the day.

TECHNOWGY IS COLLECIING DUST

While some fo rge ahead into a world connected by small mob ile wireless devices contain ing lib raries full of info rmadon, many are being dragged. some kicking and scream ing. into rhe flleure. Dust is collecting in the strangest places. Ir's not rhe lecterns, easels or poster boa rds char are getting dusry. Instead, dust is collecting on keyboards, document cameras, and touch screen mon itors. Why? Well, no matter how great technology may be mere are too many "old dogs" that don't wall[ to learn anything new. AJso, technology, no maHer how great, will fail. The failure will come at the one time when it is needed most to wo rk. Finally, fear of the unknown is a paralytic. Become resigned to the fact mat problems will occur. Bring me old tools only as a back up. And finally, remember, me man that brings a pocket knife to a machine gu n fig ht will probably end up on the ShOft end of the stick at rhe end of the day. _

Willard Proctor, Jr. has bee" tbe Circuit Judge/or the Fifth Divisioll Circuit Court of Pulaski and Perry Coullties since Jallllary 1, 2001. He is an Adjullct Professor at tbe UALR William H. BOlllen School 0/ Law. Vol. 41 No. YSullllllcr 2006

n,e Arka nsas Lawyer

How to Make the

Losing Oral Argument

by Coleen M . Barger

Inuoduction A few yea rs ago, Tlu Arkomfls iAwy~r was kind enough (0 publish an essay I wro f C about brief-writing,! and I've finaJl y gonen around to co mpl eting thi s, its long-conrempia red co mpanion piece. My thesis in the o rigin al essay was to promOte me laudable goal of judicial economy by identifying ways (Q wr itc rhe losing brief-in other words, save everybody :I lor of rim e hy pursuin g stf<ucgies to ensure that yo ur opponents win rh e appeal. I have a similar th esis here, although if yo u have gonell far enou gh along in rh e process to reach oral argument, you must nor have done things sufficiently wrong in the brief-writing stage. I kn ow-sometim es if can be hard ro avoid winning. Have yo u eve r heard rhe medi cal profession's unbea tabl e advice for avo iding cardiovascular disease? " Pick the ri ght parems." That's a lor like dle advice for winning appeals thar Arkansas Supreme Cou rt C lerk Les Steen gave my srudems a few yea rs ago: " Rep resem the appellee." Bur eve n appellees ca n lose, particularly if rh eir lawyers follow one or more of the halfdozen "rules" ser out below. Rule 1: Prepare poorly. Bein g well prepared for the argument co uld backfire o n yo u-yoll might win. Therefo re, streamline argument prepararion by lim it in g it to a qui ck skim of your own briefs a few hours (or minutes) before the oral argum ent is scheduled. Refres hing yourself o n the brief is particularly useful if you view o ral argument merely as an opportuniry to ve rbally showcase the things you wro re. 2 Rather th an make an easy- togla nce-al ou tline of your esse ntial points, fully write out the text of your argument so you ca n read that script ro the Co urr. W ith rwenry minutes ro fi ll , however, better make su re thar scrip t runs ro several pages. Don't rehearse-but if YO ll think you oughr to, JUSt do it in yo ur head. And don ' t

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let any of yo ur co ll eagues tempt you into a moot coun argument with them playing the role of judges. They might succeed in antici pati ng th e kinds of questions your panel will have, and then you'd have to think about th e answers.

Rule 2: Bungle Your Delivery. Let's stan with first impressions. Wear the kind of clothing or jewelry that will an ract the o un's artenrion-yo u know what I'm (3Jking about. For you younger lawye rs who are up on fashion , don 't forget yo ur tongue studs. And do n' t just sta nd th ere. Bob up and down , shift your weight from hip to hip, tan gle one foor aro und the other, rwist yo ur ring or watd1band, wave a pen-o r better, jab with it. AJI of this motion wi ll succeed in making the judges look at so mething besides yo ur face, where they might otherwise ex pect co nvin cing words to co me from your mouth. Bring a big stack of papers-induding copies of all yo ur cases and annor3red statures-to the lectern. If you work it right, you will find opportunities to pause and rummage thro ugh th e stack at va riou s points during yo ur argument. Keep yo ur head down and don 't loo k at any members of th e Court. This is really important, beca use if you accidentally make eye comact, you risk getti ng a ques rion. Don't Sto p talking when a judge tri es to interpose a question. Keep going umil the judge is forced to say so mething li ke, "Excuse me, counsel, bur I'd like ro ask a question here. " If you ca rch yo urself misspeaking or tripping over a word, call 3rrention to your mistake by saying, " Excuse me, I meant to say X," or just go back ro the beginning or your senrence and try the whole rhing again. This techniq ue is doubly effective beca use it not only calls arrention to your lack of fluency, it also uses up add itional seconds of your allo rted minutes fo r argum ent.

Work yo urself into a passionate fren zy and shout our your argumenrs. Not your style? Okay, then, mutter. RuJe 3: Misuse Authorities. Appell ate judges have come to ex pect thar lawyers will cite their prior opinions in suppOrt of new arguments o n appeal. fu a los ing lawyer. howeve r, yo u need to be careful how you use auth o rities, if YOll use them at all. You could , for instance, misrepresent their content, getting the deta ils-maybe eve n th e holdings-utterly wrong. Bur that would mean you had to actually say so mething about them. And your ethics will be question ed. Here's another idea. Simpl y offer the nam es of cases in suppOrt of you r poims, but neither learn no r note any details about them. That way, jf the ourt asks you so mething about the case you've JUSt cited, you ca n ho nes tly answer that you don 't know. AJrern ativeiy, you ca n argue authoriti es that do not appear in either side's brief. After all, if the Court has no advance norice of the cases mentioned in oral argument, it won't be able to tell whether you' ve represented them accurateiy o r nOt. A twist on this technique is ro emphasize cases from other jurisdi ctions, particularly if rhere is exisring Ark.1nsas precedent o n the issue. Surely th e judges will want to know what the courts are doing about this issue our in Wyoming.

Rule 4: Mishandle Questions. Some say that the point of oral argument is to find o ut what's bothering the judges about the case and to answer their co nce rn s. Doing that wou ld require you ro actually listen to their questions and attempt to respond. Losing lawyers have discovered so me effective techniques for avoiding thar outco me. For instance, start taJking before the judge finishes asking the question. You may

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lectern . Prowl th rough your brief case. Drum your fingers. Rule 1: Prepare Look at your watch and yawn. Take out a pen and edir your poorly. Being well script. If yo u brin g Posr- irs with you, you can sti ck som e prepared for the on every page with notes ro yo ursel f (e.g.. reminder co argument could check rhe d ate of thar d eposition in Sea rcy, list of irems to backfire you pick up at the groce ry store on [he way ho me). If you're lucky you might win. enough co have a pitcher of ice water at co unsel table, pour yourself som e and munch rh e ice. Bring another lawyer with yo u and Rule 5: Be Nonresponsive. exchange com m ents durin g yo ur oppoWhether you represent the appell ant or nent's argument. Make faces when your the appellee, you have th e opportunity to opponent says so mething that hurts your speak after the other guy. whe th er in case. response or rebu[taJ . Some lawyers have been known to pay attention to the other Conclusion side's argument and to address its specifics ir is not necessary [Q do all the th ings outwhen they get up to the lectern. Don't do lined above to reach yo ur goal of making the that. If you accidentally hea r a question losing argum ent. A judi cious mix of three o r asked of appellant's counsel. do your best to fou r of them might be all it rakes. Nor have ignore her response. Yo u wo uldn 't want ro I set out all the ways yo u can make a perexploit the other side's weaknesses; you've fectly ineffecrive o ral argument. The appelgOt enough of you r own ro worry about. If la[e judges of [his "a[e could probably add a you feel YOll must actually make some few more tips to those I' ve outlined above. responsive points as appell ee or on reb uttal, Th ey've been there. seen and heard that. however. start by repeating what yo ur oppoThe appellate co urts of Arkansas are effinenr said before you get around to making cient. but you ca n co ntribute to their expeyou r own assertions. diem handling of your appeal. Help accelerIf you rep resent the appellant. reserve a ate th e appellate process. Make the losin g bi g chunk of yo ur twenty minutes for rebut- oral argu ment .â&#x20AC;˘ tal. T his gers YO li off [he hook quicker for the main argument. and when you r time I. Coleen M. Barger. How to Write the co mes for rebuttal, yo u can instead ask the Losing Brief, The Arkansas Lawyer 10 Co urt ifi r has any questions. If yo u're lucky, (Sp ri ng 1996). there won't be any (poss ibly because the 2. This technique is eve n more effecti ve if Coun has already d ecided [Q affirm) and your brief fo llowed the advice of my other you can quickly sit down again. If you essay. decid e ro try a rebuttal, howeve(, be sure co rt:peat till: sa llie thin gs yo u said in yo ur argument in chi ef. And use exactly the same words. Introduce sente nces with phrases like "As I said ea rl ier," "Again. " or "To reirerColee" M. ate. Barger is

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distract the judge from the issue she had in mind or otherwise succeed in highlighting so mething she doesn't care about. Or stall by duowi ng rh e Court's qu estions back at them. Or ask the judge to repeat the question. Twice. If a member of the Court tr ies co pin yo u down with a "yes-no" question. don't start

by responding "yes" or "no." Instead, start with your reasonin g and gradual ly lead up to your affirmative or negati ve respo nse-or go off on a differenr [angell[ alcogerher. Occasionally one of the judges may seem to be giving yo u an aggress ively hard time (such as repeating a question that yo u're trying hard to avoid answering). Go ahead and [ell rhe judge that rhe ques tion is not relevant to your case. (Yo u might also remind him that jt's been a long time since he prac[iced law.) And if a judge poses a hypo[heri cal to test the limits of the rul e you're proposi ng the Co urt sho uld adopt o r ex tend. tel1 th e Court that those are not the facts of your case. Treat eve ry question as a hostile one. YOli may succeed in persuadin g a judge who was inclined to rule in your favor to switch her vote. Remember. however, that at th e Arkansas Supreme Co urt. you only need four out of the seven to rule against you. Are you remembering to taJk fast and avoid m aking eye contact? This is time-tested technique that ca n result in fewer questi ons. as the judges ca n' t get yo ur anenrion to break in and ask anyth ing. Now I know [hat some of you are slow talkers. If that's you. go ahead and talk slow-just don't pause too often to breathe. If th e judges do manage ro break into you r monologue with a question. don't give a direct answer. For exam pl e. if r.h e Court asks you so methi ng about the evid ence, answer by d esc ri bing a case. Th ese detours tend to d eter judges from pursuing what otherwise migh t be a pe rsuasive point.

011

Rule 6: Find Things to Do While Waiting Your Turn to Speak. You 're goi ng ro have as mu ch as twenty minutes to wa it before yo u get up to give your response. if you represent [he appellee, or your rebuttal, if your client is the appelIanr. That's a lot of time to kill. H ere are a few options for usin g ir: Re-organize the stack of papers thar travels wirh you to the

Associate Professor

ofLaw, at the U"iverstiy

of Arkansas at Little Rock William H. Bowell School of Law.

Vol. 41No. 3ISuml11er 2006

TIle Arkansas I.awyer

The worst thing any defense attorney can do is to not know the facts of their case. The second worst thing is to only know your client's version of events.

ractice

Working with the Prosecuting Attorney's Office By Hugh A. Finkelstein When I fi rst starred p racticing law, I wo rked with an establ ished crimi naJ d efense ano rney in Little Rock. We handled all kinds of cases, fro m speeding ti ckets to capital murders, and th ese cases rook us out of Pul aski Co un ey and iJ1[o every co rn er of Arkansas. It was a great rime o f lea rning for me, bu t man y times I felt like 3 fish o ur of warer.

As the years passed. some basic ideas fo rmed in my mind th at I still find hel pful. Most of what is co nrained in this article is commo n sense, and therefo re obvio us. bur it bears repeati ng. In that light. I have co me up with three easy steps ro working with the prosecuting anomey's o ffice. I. Know your Case T he wo rSt th ing any defense atto rney can do is to not know the facts of their case. Th e second worst thing is to o n ly know yo ur d iem 's versio n of eve ms. T he bigges t advam age that a defense an o m ey has is knowledge of AL L the facts. W hile it is difficuh fo r so me prosecu w rs ro bel ieve. occasionally th e Scate's wim esses do nor tell the po lice the emi re srory. and so meti mes th ey even lie. T he defense an o m ey is always in a ben er positio n ro kn ow how to play th e hand she is d ealt simply because she has access to the State's case fi le as well as her c1 iem 's informatio n. T his inform atio n is gold ro a good defense a[rorney and could be used as a basis to tail or cross-examinatio ns. Th e best d efenses are those that fit rhe prosecuto r's case in one se nse bur also show that rhe State's witnesses are m istaken o r even lyi ng. T he nex t ad va ntage th at flows from knowi ng your case is bas ic math ematics. As a d efense lawye r, you wi ll not have as m any cases as rhe prosecuro r yo u will be faci ng.

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Therefo re, the defense an o rney is in a superior positio n co try their cases because [hey have more time to prepare. II . Know your Prosecutor In order to effectively represent your client in a criminal case, it is extremely helpful to know th e perso n o n the other side. T his is quite easy if the depu ry prosecutor is o nly o ne of three o r four practicin g in your district. The p roblem occurs when you travel out o f yo ur ho me district o r if th e prosccm or's o ffice is large and constantly changing. In these instances, it helps to fo llow so me bas ic ru les of thumb. First. call the public defend ers that deal wi th that prosecutor every day. Pub lic defenders, in most cases, have already fi gu red o ut how to d eal with th e p rosecutor. and they can give you advice regarrung [aCtics th at have wo rked in th e pas t. If you do nOt feel co mfo rtable talking to the publi c defend er, other great sources o f knowledge are former p rosecutors who are now in private p ract ice. M any attorneys stan out as prosecuto rs, and after a few years of trying jury tri als. th ey dec ide that they ca nnOt raise a famil y on th e pinance that the state o f Arkansas pays. Most prosecutors' o ffices are close- knit groups wh o know their co-workers. It helps to get a view from o ne who has seen it up close and pe rsonal. If as king fo r advice fro m another atto rney is no t what you wa nt to do, there is always o bservation. While it is

11 0

secret that an

arro m ey cann ot get rich in the co urtroom, staying after your case is called or showing up o n days when yo u do nor have a case in th at Court will enable you to see for yourself how that prosecutor operates on a day to d ay basis.

II J. Know yo ur Judge Once again. this is much easier if you have many cases in fro m of a particular judge. but if not, yo u may need co reson co so me of techn iques listed for how to get to k now the prosecuto r. It is importam to rem ember that judges are in faCt humans. They have likes and dislikes that may inAuence th em on occasion . If you have a judge that is an avid pet lover, you wo uld wam to know that before you dec ided to waive a jury on a cruelry to an imal's case. If YO ll know what argu ments work for a judge. yo u might gee those bo rderline rulings that will o nly be overrurned fo r abuse of disc reti o n. Sometimes that may be all you need to make th e difference between gu ilry and not guilry. In conclusion, it al l ca n be summed up in o ne wo rd: knowled ge. Wh at your mothers stressed co you grow in g up is niH true tod ay. The mo re you know. the better o ff you will be.

Hugb Finkelstein is a Division Chief in the ProseclIting Attorney 's Office in Little Rock and a past Chairmatl of tbe Associatiolls Criminal Law Section. He practiced criminal defense fo r fOllr years after graduating from law $cboo/, and is cun路ently responsible fo r C4fes ill the D rug Unit aud 6th DivisioPl Circllit COllrt.

Arkansas Community Foundation Provides Charitable Giving Resources. For Good. For Arkansas. For Ever. Services Are Economical, Efficient and Community -Based

w ouldn't otherwise utilize Arkansas Community endowment funds because ARCF Foundation - which provides services for both large manages more than 900 and small donors, individual charilable funds "If I were in the position o f and more than 90 million in some o f my cl ients and wa nted to assets - pa rtners with legal set up a schola rship or another and fina ncia l Hcivisors in ki nd of charilable giving vehicle, Arkansas to help provide the Foundation would provide the YOUT cli ents with the most mechanism for accomplishing current informatio n o n thal," Plasliras said. "Even when options to make cha(itable clients have very substantial giving easy, flexible and George Plt lsfiras, AttorNey al Law assets , the Foundatio n is a good , effective. inexpensive way 10 accomplish their w ishes." George N. Plastiras with the Plastiras L1 W Firm in lillie Rock believes l he Arkansas Arkansas Community FOlinciaLion can help your clients secure the maximum tax deduction, Community Foundation is a good way to involve family members , focus on grantmaking accomplish his c1 iems' charitable giving w ishes. "\Vithout question, having a Community and obtain visibility or anonymity, as desired. As lhe only stalew ide commu nity foundation in Foundation is important," Piastiras s~l id . "Il has Arkansas, the Foundation preserves and protects enriched the state o f Arkansas as a device to individual and corporate investments and accomplish w hat people wa nl. The services are charitable intent ions forever through the power economical , effi cient and community-based." Plastiras said the ARCF staff answers o f endowments. For more information on p~lrtneri ng with the questions and makes an effort to give clients Arkansas Community Foundation, contact exacliy w hat Lhey wa nt. Sra ff members travel to I-Iealher Eason aL 501-372-1116 or visil w here clients live, and they have made a lot o f wW\v.aref.org. friends across the state. He observed that some people go to the Community Foundation w ho

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Well, that's easy. For one, the internet has all but replaced traditional avenues of finding information and services. Millions of people now do their research and shopping online. Because www.arkansasfindalawver.comis an online directory designed to assist the public in selecting a lawyer, it's a great marketing strategy for members, one which provides instant, worldwide exposure. Not only does someone else maintain you r online listing, but it also allows you the flexibility to list as many or as few practice areas as you wish. And at just $75 per year, it's a steal. To join this Arkansas Bar Association sponsored directory, contact Barbara Tarkington at 501-375-4606, BOO-609-5668 or btarkington@arkbar.com.

Vol. 41 No. 3/Su/ll/ller 2006 TIle Arkansas Lawyer

2006-2007 Arkansas Bar Association President

James D. Sprott by Anna Hubbard

ÂŤMy ability to serve you is lIot based 011 my own ShYlIgth, but comes from tbut! sources: Alm;gbty God, wbo bides my weaknesses, blesses me beyond merit and guides my patbs; my family, tbnt emboldens me witb tbeir LOlle; dud my friends, wbo remai" beside me ill spite of my sbortcomiugs. " Those are the remarks made by me Arkansas Bar Association's I09rh Presidenr, Jam es D. Sprott, at his investiture o n June 9, 2006. at the Association's Annual M eeting in Hor Springs, Arkansas. The youngest of five children, Jim attribu tes his successes [0 his family and friends, which was ev idenced by the large showing of supporte rs at his pres idemial sweari ng- in ceremony. Rows upo n rows of proud f.tces. including all his si blings. who (raveled fro m around [he coumry to watch as C hi ef Justice James R. Hannah adminis(ered rh e oath of office and Jim ass um ed

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the presidency of th e Associarion. Like a1l true leaders, Jim surrounds himself with good people and is quick to give [hem credi t and praise. He described his longrim e secrerary, legal ass isra nt, and offi ce manager Dana Snawder as one of the most important people in his life. "Any success rhat I have is due in large pan to her dedi ca tion to her wo rk," Jim said. He introduced his new law parm er, Ca thy Golden, as someone who will help make ir possible for him to serve as president this year. Jim's advice to young lawye rs to "listen and learn what others have done before you, and do n' t rake yo urself toO seriously" is advice that he has fo llowed throughom his caree r. Wh en Jim was struggling wirh what direcrion to take in college, his grand fa rher suggested to him in a letrer that "he would make a fine lawye r." Trusting his grandfather's advice, he sta rred taking pre-law classes and joi ned rh e pre-law cl ub ar Hendrix.

Love at Firsr Sighr While ar Hendri x Jim was active in communi ty thea ter, a passio n which serendjpito usly lead him to his wi fe Jan. He auditioned fo r a summ er job as a character role for th e new Dogpatch U.S.A. theme park based on the Li 'l Abner comi c strip. Forrest C ity nat ive Jan G reene. a student at [he Unive rsity of Arka nsas, also was selected to work on the enrenainm enr troupe. They first met at th e cas t orientation during th e summer or 1969 in Marble Falls, Arkansas. "I don' t remember much about clothes. bur I remember whar Jan was wearing th at day," Jim said. "It was navy shon s with a navy swea rer trimmed in go lel. wi th a gold bel t," Jan added. "All I co uld see was her eyes. hair. and blue and yellow," Jim said. Jim played the rol e of Ea rthqu ake McGoo n, "th e wo rld 's dirtiest wrassler." and

Luke Scraggs, one of the "low- life thugs" of the streets of Dogpatch. Jan starred our playing Daisy Mae Yokum , "the crown princess of Dogpatch." and Tas man ia. T hey both worked there for (\yo summers, rhe second of whi ch Jan became the first full -seaso n Daisy Mae and Jim becam e the ass istant troupe manager. "When Jim becanle boss, I thought 'Boy, I'm really goi ng to go places if I stay with him ,'" Jan jokingly said. "And we ended up 12 miles down the road in Harriso n, with a fe w stopS in betwee n." Jan's parents owned a motel nea r Dogpa[ch in Lead Hill . During that seco nd summ er, Jan's mother offered Jim a deal that he co uldn ' t refuse-if he drove Jan to and fro m wo rk everyday, he could have free meals and roo m and board in the utili ty roo m of the hotel. "Jan's mother qu ickly recognized how mu ch I enjoyed ea ting," Jim said . "It was

Vol. 41 No. .lISurnmer 2006 TI,e Arkansas Lawyer

Chief Justice Hannah, Jan and Jim at the swearing in ceremony

like being in heaven beca use she was th e best cook th ere ever was." "And I had a ca r wreck on the way co work," Jan added, whi ch is why Ma G reene was so eager to have a driver for her daughter. "She wo uld wake him up each morning by grabbing his big toe," Jan said . "She laughed about that until the day she died." After the second summer, Jim went [ 0 law school at So uth ern Methodist University in Dall as and Jan went back to college in Fayetteville. Afrer :1 heart-wrenching yea r apart, mey married in June of 197 1. and Jim said his last two yea rs of law school we nt much more smoorhly than the first. " Kind , ca ring. si ncere. fun , fa mily man , good fri end ," Jan described Jim . "And not always right," she added, whi ch he said is why he keeps her close by his side co keep him straighr. All T hin gs Work Together for the Good Afte r law school, when he and Jan were co nsidering where co go nex t. he heeded the adv ice of a memor. "A very smart man told me rh at you need ro decide wh ere YOll wam to be, and then go rh ere and find a way to make it wo rk. " They decided where they wamed to be was in Arkansas with rheir families. So in 1973, they made their way to Brinkley where Jim began his legal ca reer under the win gs of James B. Sharp. T he following year, Jim roo k on a supplemental job as the 24 The ArbnsJs L~I\'Yer

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depu ry prosecutOr for Monroe Co unry, where he ga ined valuable ex perience trying cases. In 1975. he assumed rh e position of Brinkley's muni cipal judge, which he held until he moved to Harrison in 1986. Jim co ntinued co practice with Sharp until 1982. At rhat poinr, Jim enrered the race fo r chancery judge and starred his own law practice. C hancery Judge Ben Story defea ted Jim in th e election. Jim said th at at th e time "ir was a hard pill to take," bu t mrned OUt to be the besf thing fo r him and his fam ily since if freed th em to make the move to Harrison four yea rs later. ....We have both been ra ised in C hristi an homes and believe in the Bible and Romans 8:28-that all things work together for the good," Jim said. For th e past 20 years, Jan and Jim have lived in the same house located in one of rh e old es t neighborh oods in Harriso n wh ere rh ey raised their three children. T hei r son, Dani el (28), is their oldest child and works with Jim at his law office as a legal ass istant and process server. T heir oldest daughter Sarah (27), wo rks as a pharmaceuti cal sales represe ntati ve in JOll eshnro and is marri ed to Rya n Herin ge r. Emily (23), their youngest daughter, just finished her fi rst year of law school at th e University of Arka nsas in Fayeneville. Jim's 92-year-old parenrs, Joseph and Virgin ia, live close at hand on their fa rm in Marble. Arkansas. Joseph Sprott is a retired carrie far mer and a

former mayor of HUJ1[sville. Today, most of Jim 's practice involves represe nting Co mmuni ty First Bank, a bank that he hel ped found in I 997-a n ex perience that he said has been one of d1e most interesting experi ences that he has had oucside of the practice of law. The ban k now has five locatio ns and ove r 100 employees, with the main bank located just off of the town squ:1re in Harrison. T he name of the bank represents the whole co ncept of the bank" It's all about co mmunity." Each location is locall y co ntroll ed and operated and plays a large role in the communi ty. Jim 's passion for his communi ty does nor stOp at his in volvement in the bank. He has served on the Boa rd of Trustees of No rth Arkansas Co mmuni ty College since 1996 and served as chair from 1999-2001. He has served on th e Board of Directors of the Harriso n C hamber of COll'lmerCC and Main Street Harrison. Jim has also served as president of many local organ izations includ ing the Brinkley Rotary Club, Harriso n Rorary Cl ub, Brinkley C ham ber of Co mmerce, and Harriso n C hamber of Co mm erce. In addi tion, he has se rved as chair of rhe BrinkJ ey Hospital Commission and th e Coca Cola Airshow of rh e O za rks and on rhe Board of Directors of the No rth Arkansas Partnership fo r Health Educa tion. " ) love bein g a lawye r." Jim sa id . "Someti mes the mast mea ningful th ings that happen to you are the smallest cases." Jim and Jan both agreed that his most impo rtant case was an adoption case where Jan handed a baby to a new mother on Morher's Day. "It was so nea t," Jan said . "I thin k rhey think of liS to this day as their sto rk." " My Only Purpose-to Serve My Profession" "Jim has always aspired to be pres idenr of the Arkansas Bar Association," Jan said ..... It has been engrained in him since he was 23years old." T he first year Jim started wo rking with James B. Sharp, Sharp was lhe pres idenrelect of rhe Associatio n. As his career developed over the yea ts, Jim knew that he wanted ro lead rhis Association in its tOP elected office one day. He recalled as king Mu rray C laycomb why he was runn ing fo r president of the Associari on seve ral years ago. " He said he was doing ir ro serve his profession. I hope ) can follow in thar kind of footstep. That is my onl y purpose-to serve my profession."

Jim has been acr ively involved in both the Arkansas Bar Association and the Arkansas Bar Found ation for many yea rs. He is a member of th e Associarion's Board of Governors and se rved as its chai r in 2002. He also has served in the House of Delegates and on the Execurive Council. A sustaining fellow of the Arkansas Bar Foundation and form er member of its Board of Directors, he a150 is a past president, vice-p resident and secretarytreasurer of the Foundation. Jim's mher professio nal credentials are just as impressive. He is a member of the Arkansas Trial Lawyers Assoc iation, th e America n Bar Association , and (he Boone/Newton Co uney Bar Assoc iation, where he served many years as secretarytreasurer. He has previously served as a Special Chief Justice [0 the Arkansas Supreme Court. He is a past member of the Arkansas Municipal Judges Council and served as its secretary. Beca use Jim has been a solo practitioner from a small town the majority of his career, he wants [0 emphasize me value of the Association [0 lawyers like himself. "The Association provides a place to network with other lawyers. which is ex tremely important for those of us in solo or small practi ces that don 't have others around [0 talk [0 or listen

[0 about other cases, legal maners, and trends in rechnolob'Y'" he said. "That networking is a tremendous opportuni ty for lawyers to be better fo r their clients' sakes, which is the whole goal of the professionto be better for our clients' sakes." In addition to leading th e Associarion in to a new Bar Ce mer this yea r, Jim plans to focus his efforts on dive rsity in the legal profession and how the Association ca n improve this area. " Di ve rsity needs to be a focus. I don't have solutions, bur we have to be forthright and open and not necessari ly worry abour political correct-

~:~:~:~~;;;;;;;;;;;;;;;;;;;;;~!~

ness. We mustissues be able to look at the and reso lve (hem. ) am really

jim and.J.

excited to work with Troy Price and Jim C rouch of the Arkansas Bar Co mmission on Diversiey." Renovations [0 the new Bar Center are expected [0 be co mplete at the end of2006. " ) am delighted that in my year we wi ll complete that job and have an excellent tOP of the line, curti ng edge, and technologicallyequipped bar ce nter

for rhe benefit of lawyers from allover (he stare," he sa id.

"And parr of our job

is to emphasize how important it is [0 lawye rs in the smaller [Owns of [he state." Like Immedia te Past-President Glenn Vasse r, Jim is also co ncerned about the recognition of th e importance of the counrry's governmental structure and the division of th e three branches of government. He said th e Association's L1W

Education

Co mmittee

es tab -

lished by me Board of Gove rnors is a step in the right direction. " I think that it is

an at DogpptCh U , :SA

important for us to reach our (0 th e public educationally," he said. "The other benefit is mat it wi ll help the image of lawyers if people understand what it is you are sranding for, so it's a real winning thing we can work on. " Jim plans on traveling around th e state on Bar Assoc iation business in his Cess na airplane. A pilot for 28 years. it is a passion that he attributes to his oldest brother Dave. Grow ing up in (he dese rt of California, he watched as Dave, then a pilOt in the Marine Corps and now a retired colonel, would fly a jet fighter over the family' s cattle farm , sometimes 10 feet from the ground. "He was my hero. along with my other siblings." he said. After patiently wairing in line for yea rs [0 get a hangar for his plane at th e Harrison airport, Jim finally succeeded this year by obtaining a hanga r he can call his own. Li kewise, after years of quie( determination and hard work, Jim now has the opportunity to lead this Associatio n through an exciting new Bar yea r by "completing the work already identified, establishing new goals, and dreaming of paths for the fllture." '!4"d so, my Ilame is Sprott. I have but olle goal: to serve you. Cal/me. Write me. Text me. Let me kllow how I call help YOlt. Tba"k you agai" fO,. this hOllo,.; I pledge to you my very best, " Jim remarked as he co ncluded his acceptance speech. _

Vol. 41 No. 3ISummcr 2006 TIle Arkansas Lawyer

Arkansas Supeme Court Historical Socie~

Noteworthy Arkansas Jurists: William Wallace Wilshire By Logan Scott Stafford William W Wilshire served as chief justice of the Arkansas Sup reme Courr for only mree yea TS, bur his po li tical career spa nned a lo nger period char included Reco nstructio n and its aftermath. Wilshire was born in Ill inois in 1830 and began reading law in 1859. bur hi s legal studies were cut shorr by th e o utbreak of th e ivil War. He recruited a co mpany of infant ry that eve ntuall y became a part of th e Federal army mat captured Little Rock in 1863. He left [he army in 1864 but returned [0 Lirde Rock afte r the war end ed and was admitted to th e Arkansas bar in 1866. Two years latcr, following rhe adoptio n of Co nsri w(i o n of 1868, me Republican Parry assumed political co ntrol of [he S[3 rc. Under that co nstitution the governor appoimed me chief justice of the su preme coun, and newly elected Governor Powell C layto n named W ilshire to the post. Wilshi re served as head of th e high co un until February 187 1 when he res igned during a birrer politicaJ struggl e that pitted Governo r C layton aga inst his own li eute nam governor, James M . Johnson. By the 1872 general election th e Arkansas Republican Parey had sp li t imo two fac tions. T he regu lar Republicans no min ated a ticket head ed by C ircuit Judge Elisha Baxter wh il e a reform wing of rhe parry nominared Joseph Brooks for governor. \Vilshire ran for Co ngress o n th e regular Republican (i.e., the Bax ter) ticket. In an election marred by num ero us irregul arities, Baxter narrowly defeated Brooks. After assuming the governor 's office Baxter iss ued election ce rtificates to the other ca ndid ates o n the reg ular

26 TIle Ark:msas

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Rep ubli ca n ticket in cluding Wi lshire. Although Wilshire's Democratic opponem co ntested the electio n, Co ngress sea ted Wilshire while tll e conres t was co nsidered. Meanwh il e, Brooks attempted without success to comest Bax rer's election in federal cou rt, the legislature, and the state Sup reme Co urt. Bax ter SOOI1 managed to alienate many of his regul ar Repu blican su pPOrters. and on April 15. 1874. Brooks persuaded a compliant Pulaski Couney circuit judge to issue an order ousting Baxrer from office. Armed supporters of both candidates rushed to Little Rock and squa red off along Main Street. In Washington most members of th e Arkansas co ngress io nal delegatio n an no un ced SllppOrt fo r Brooks, bur Wilshi re sided with Baxter. The former chief justice wrote a letter to President G ram attacki ng the legali ty of the circuit cou rt's order and persuaded the House to adop[ a resolutio n aski ng the pres ident to keep it informed of communications with Brooks. The BrooksBaxter War ended quietly on May 15 . 1874. when President Gra m issued a proclamatio n declaring Baxter the governor. Wilshire returned to Little Rock on May 27, 1874, and was mer at [he [rain station by a marching band and enthus ias tic crowd. Two days later the Arkansas Ge neral Assembly adop ted a joim resolution thanking W ilshi re fo r his efforts to uphold "the lawful gove rnm ent of the Sta re of Arkan sas."

W ilshire's actions were apparently not as popula r wi th so me of his fellow Republica ns. On Jun e 16, 1874, a sufficiem number of Co ngress ional Republica ns joined Co ngressio nal Democrats in voting to oust W ilshire from his seat in Congress in favor of his D emocrati c opponent in the 1872 general election. In the 1874 general election, W ilshi re ran aga in for Congress, mis time as a "Conservative," and with Democratic suppon he was elected to me sea t from whi ch he had been ousted earlie r that year. Wilshire chose nO[ [Q seek a second term in Co ngress. After leaving Co ngress he remai ned in Washington where he practi ced law umil hi s death in 1888. H is body was re(tlmed to Little Rock and buried in Mo unt Ho ll y Cemetery. â&#x20AC;˘

This article is provided through the Arkansas Supreme Court Historical Society, fn e. For more illfonnnt ion on the Society contact Rod Milkr. Arkansas Supreme Court Historical Society, justice Building, Suiu 1500. 625 Marshall Strut. Little Rock. Arka/lSlU 72201; Emllil: rod.milkr@llrkomas.gov;Phone:501682-6879. Logall Scott StaffOrd is Professor of Law Emeritus at tbe UALR Bowell School of Law. He serves Oil tbe Board of Directors of tbe Arkallsns Supreme Court Historical Society, Inc.

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Fall 2006 CLE Calendar September 26 THE SUPREME CouRT-AN AssESSMENT OF THE ROBERTS CoURT'S FIRST YEAR

Teleconference Septem ber 15 CLASS ACTION UALR Bowen School of Law Little Rock October 6 GOVERNMENT PRACTICE

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December 1 FEDERAL P RACTICE I NSTITUTE

Little Rock January 18-20, 2007 MID-YEAR MEETING

Peabody Hotel, Memphis, TN

6.0 Hours of CLE Credit Little Rock

Jun e 6-9, 2007 ANNUAL MEETING

Hm Spri ngs, AR

For more information, contact Lynne Brown or Virginia Hardgrave, Arkansas Bar Association, 800路609-5668,501-375-3957, Ibrown@arkbar.comor yhardgrave@arkhar.com

OR CHECK OUT THE CLE PAGE at www.arkbar.com Vol. 41 No. Y Sumlllcr 2006

n,e Arkansas L3Irycr

ludicial Advisory Opinions Judicial Advisory Opinions are written and provided by tbe Judicial Discipliue and Disability Commission. Full text is available online Ilt www.stllle.ar.lIs!jeac.illdex.bhlll Advisory Opinion 2006-02 May 8. 2006 The Arkansas J udici al Ethics Advisory C OlTI minee issued an adviso ry opi nio n (Q C ircuit Judge M,a ri o n H um phrey of Little Rock, Arka nsas. Judge Humphrey requested an opinion as [Q wh ether it wo uld be perm iss ibl e, pu rsuanr to rhe d ec ision in Repub li ca n Parry o f Minneso ta vs. W h ite. fo r a j udge to suppo rt candidates for poli tical o ffi ce. Th e o mm irrce exa min ed Ca no n 5(A)( I )(b), whi ch stares thar a judge shall not .... "publicl y endorse o r publicly o ppose ano th er candidate for publ ic office." T he Co mmittee respectfully decl ine ro engage in co nsr im tio nal interpretatio ns. The Commince co ncl ud ed that it is nor their role to hold m at a provisio n o f me Code o f J udicial Conduct is unconstitutio naL T har rask res ts with the jud icia ry.

n,C Arkansas lawycr

www.arl<bar.com

Advisory Opinion 2006-0 3 June \3, 2006 T he Arkansas Judicial Ethics Advisory Co mmincc issued an advisory o pinio n to D istricr C ourr Judge Phi l Sho ffn er of Sea rcy, Arkansas. Judge hoffn er requ ested an opinio n as co whether he may, as an elected jud icial o fficer, post a polirical ad vertisement in (h e fo rm of a sign in a Jor across the stree t fro m his home. H e sÂŁared that he and his wife are co-ow ners o f th e lor in questio n. Judge Shoffn er also stared that his wife has given consenc CO th e candid ate co POSt the ca mpaign sign. Th e Co mmi ttee stated that rhe Code of Judi cial Condu cr places clear restri ctio ns o n a judge. Fo r insrance Cano n 5(A)( 1), which srares rhar, "a judge shaJl nor publicly endorse o r publicly oppose another cand idate fo r public office. n In addi tio n Canon 5 (A)(3) sra res th ar a judge musr encourage members o f his fa mily co adhere co the sa me standard of poli tical condu ct. It is rhe opi nio n o f rhe Co mm ittee m at it wo uld be impro per to displ ay a campaign sign o n pro perty ow ned by the judge and his wife, as it co uld be co nsrrued as a political end orsement.

Appointments The Arkansas Judicial Ethics Advisory Co mm in ee anno unced coday m e appointment of two mem be rs to the Co mmittee. Judge Edwin AJderso n has been rea ppo inted to serve a three-yea r term from J ul y I, 2006 - June 30, 2009. Judge Jo hn Plegge has been appoinced to co mp lete an unexpired term ending o n June 30, 2007. Dea n H oward Brill of the Uni versity of Arka nsas Law Scho o l is the chair of the Ad visory Comm ittee.

For information about advertising in The Arkansas Lawyer, please contact Anna Hubbard at (501) 375-4606, (800) 609-5668 or ahubbard@arkbar.com.

ludicial Disciplinary Actions JudiciaLD isciplinary Actiolls m'e written and p rovided by the Judicial Discipliue and D isability C01l1m issiml. w,vlv.state.ar.lIsljddcld ecisio1Is. btml

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RE: Complaim 04206 May 23,2006 Judge L.T. Simes was issued a Lecrer of Admonishment for perso nally so lic iti ng campaign co nuiburio ns. during his 2004 reelectio n campaign. from rwo an o rneys

who

appeared

Commi ssion

before

fo und

him .

T he

th at he violated

Cano ns I and 5C(2) of the Code of Judicial Cond uct,

Judicial Resignation Judge Jim Bob Steel May 23,2006 O n May 11 ,2006, Judge Jim Bob Steel resigned as district judge of Pike Coun ty and city judge o f Glenwood , Arkansas. As a res ult of his res ignation and agreemenr to neve r serve again in the Arkansas Judiciary. the Comm issio n decided that no further acti o n will be taken in the comp lai nt pending aga inst him . That complainr co ncerned a felo ny info rm atio n that was filed agai nst him in Howard Coun ty o n July 14 ,

2005.

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

501-375-4606. Vo l. 41 No. YSu mmcr 2006

TIle Ark.ns. s L;" ",er

2005-2006 Arkansas Bar Association! Arkansas Bar Foundation Annual Award Recipients

Photos, left to right: Gordon S. Rather, Jr., W Kelvin \짜jIrick, Richard B. Atkimon, Judith Ryan Gray, Bettina E. Browmteill, Phillip Carroll GoRDON S. RATHER, JR. OlTTSTANOING lAWYER

The Outstanding Lawyer Award is given in recognition ofexceliena in the practice oflaw and oUlSIfinding contributions to the profession. For almost four decades, Gordon Rather has brought honor to the legal profession. As stated by his nominator, "Gordon Rather has conducted himself in the practice of law in a manner which brings great credit to lawyers everywhere. He has been an exceptionally effective advocate who enthusiastically represents his dients' interests while at all times maintaining the highest level of personal and professional integriry. Gordon is widely recognized as a preeminent trial attorney. not JUSt in Arkansas bm throughout the entire United States and even internationally. At the same time, he is hailed by those who have lirigared wiili and against him as a man of his word." Gordon received his Juris Doctorate from Duke Universiry, and he is a Parmer and Chair of the Trial Section at the firm of Wright, Lindsey & Jennings in Little Rock. Since becoming admitted ro the practice of law in 1968, Gordon has been a member of the Pulaski County Bar Association, Arkansas Bar Association and American Bar Association. He has served the American Board of Trial Advocates as its National President and in numerous oilier leadership positions. He is an active member of the Arkansas Bar Association, currently serving on the Editorial Board for The Arkansas Lawyer. He is responsible for bringing ABOTA's Masters in Trial jury [rial demon30 TIle Arbns"s !.;owyer

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srration program to Arkansas where it twice served as a centerpiece of the ABA Annual Meering. Gordon is a Fellow of the Arkansas Bar Foundation, the Arkansas Chapter of rhe American Bar Foundation, a Fellow in the American College of Trial Lawyers and in the International Academy of Trial Lawyers. Gordon has received a Go lden Gavel Award from rhe Arkansas Bar Association and was recognized for presenting a Best of CLE program. The Pulaski County Bar Association presented Gordon with the Vincent Foster, Jr. Outstanding Lawyer Award in [he year 2000.

W. KELVIN WYRICK OlTTSTANDlNG lAWYER-CITIZEN

The OtJlJtandillg LAwy~r-Citiun Award is givm in recognition ofolltstanding participation in, and excelltnt performllnce of. civic responsibilities and for tkmomtrating high Jtandllrds ofprofessional compettnce and conduct. Since comi ng to Texarkana in 1976, Kelvin has made a distinct impact on the community. His law practice spans over forty years, and he has built a successful practice in Arkansas and Texas. Kelvin is a member of the Arkansas Bar Association and a Fellow of the Arkansas Bar Foundation. In addition to contributions to his profession, he has remained rhroughom his life dedicated to his church, communiry service, and to helping those in need. Kelvin serves as Chairman of the Church Council at Sugarhill United Methodist

Church. and under his leadersh ip. his church became an official Red Cross shelterfeeding. clothing and housing dozens of families in need following Hurricane Katrina. He has remained a steadfast member of Kiwanis and served as a PaS( Presidem. Kelvin is a Hixon Award winner and has comribuced hundreds of hours of vo lumeer service [Q the various Kiwanis communilY projects duoughout his forry years of involvement. Kelvin has a life-long commitment to the Boy Scouts organization and has mentored countless young men over the years. Kelvin has served as chancery judge in four coumics in Southwest Arkansas. special appoimed Judge to Arkansas Supreme Court on five occasions as we ll as serving numerous civic and church organizations in various capacities. As stated by his nominator, "Kelvin Wyrick works tirelessly to help those in need. He has done so much to help the less fortunate navigate through the lega] system ... Although he has a demanding case load. he still finds time to help his community and those in need .. . H e has a heart as big as the State of Arkansas." RICHARD B. ATKlNSON

JAMES H. McKENZIE

PROFESSIONALISM

AWARD (POSTHUMOUSLY)

The James H. McKenzie Professionalism Award rtcognius sustained exctlknee through integrity. characltr and leadership to the profission and the community whic/; garners the highest bOllor to the fegal profession. Throughout his ca reer, the late Dean

Richard Atkinson exemplified the characteristics of sustained excellence through imegrity, character and leadership co the profession and the community. He found something [0 appreciate and admire in everyone he met, and he made a positive impression and a difference in the life of everyone he knew. Dean Atkinson grew up in Elkin, North Carolina, received his B.A. from Duke University, a master's degree in divinity from Yale University and a Juris Doctorate from Yale. He was admitted to practice in Georgia and was later recruited to the University of Arkansas School of Law by his law school classmate and later President Bill Climon. As a professor, he was unequaled in his ability to maimain high expectations as wel1 as an abiding personal imerest in each of his srudenes. As a Dean, he brought our the best in each of his colleagues. According to his nominaror (a former stud em and then coUeague), "His classes were inspiring, challenging, demanding, enlightening and occasionally terrifying (if you were foolish enough to go to class unprepared). He was passionate about the law, and the doors that are opened CO those of us who have been trained to understand and work with it, but he was also passionate about the responsibility that we bear when we undertake to use the law on behalf of o[hers."

pleasure and her work was invaluable. Young lawyers. past presidents and annuaJ meetings are her passions. and Judith always putS the desires and decisions of the members of this Associarion first and foremost when executing her role. Through the years, the profession has honored Judith in a number of ways. From [he Arkansas Bar Association, she received rhe Presidenrial Award of Excellence in 1993 and a Ccrcificatc of Recognition from the Young Lawyers Section in 1984. The Arkansas Bar Foundation honored her by inducring judirh as a Fellow in 2000. The Pulaski County Bar Association has 3w'arded Judith irs Liberty Bell Award borh in 1988 and 2006. judith would consider her grearcsr honor words expressed by the many past presidents, committee chairs. members and staff who loved working with her and loved her as the wonderful, warm person we all know as our friend. The Arkansas Bar Associarion is rruly grareful for judith Gray and her forty years of service [0 the profession. BETIINA

BROWNSTEIN, OUTS'L<NDING

LAWYER- H UMANITARlAN

Tht OUlJlanding Lawy~r-Humanitarinll is givtn in recognition of oumonding humanitarian stTViu.

JUDITH RYAN GRAY

C.E.

RANSICK AWARD OF ExcEU.ENCE

TI" C. E Ransick Award ofExullenu is givell in rtcognition of octraordinary s~rviu to tht legal profession. ThiJ is the first time this award has

b~~n

prtunud to a non-attornty.

The year 1967 was a typical grear year for the Arkansas Bar Association-it was the year in which Judith Gray, thar "young, red-headed Newfoundland girl" began her metcoric rise with the Association as its Associate Executive Director. Now she is in her fortieth consecutive. and solely by her choice, last year of service to us. Judith has served with four executive directors of the Association commencing wirh Leroy Gascon, followed by Col. C. E. Ransick, for whom the award recognizing extraordinary service [0 the legal profession

is named. Former Executive Director Col. Bill Martin and currene Executive Director Don Hollingswonh wholeheanedly agree in their remarks that her sound judgment. loyalty, dedication and love for the profession made their service as Executjve Director a

Bettina Brownstein, in addition to being an outstanding trial and appellate lawyer. has devoted a large measure of her time and legal [aJents to serving others, literally throughout the world. The most recent example of her personal and professional commitment is the seven months she spent as a volunteer in the Republic of Georgia in 2005. Bettina put on hold her private practice to serve as a handful of volumeer attorneys in the Republic of Georgia caking pare in [he American Bar Associarion's Cemral European and Eurasian Law Initiative. Benina conducted a comprehensive, indeprh ass<ssmem of rhe availability of legal services for the popuJation; the status of 3trorneys in privare practice and their professional situation; assisted in the development of that coumey's first nationwide, postSovier bar association and in the development of an attorneys' code of ethics; and, participated in advocacy training. Bettina has also authored or panicipated in numerous publications. She was particularly instrumemal in two significant cases which she handled as cooperating attorney

for the ACLU: Terry v. Deparrmenr of Human Services (2002) and Redmon v. Valley View School Disrricr (2000). According to her nominator, "There are innumerable other examples of her willingness [0 step forward ro advance or defend the individual rights of others, often for unpopular causes ... She has voluntarily and excellently discharged her civic responsibilities and has demonstrated the highesr standards of professional competcnce and conduce. II

PHILUP

CARRou.,

EQUAL JU5nCE

DISTINGUISHED SERVICE

Tht Equal jUIlia Distinguisbed Serviu Award is giwn in "cognition of commitmmt to and participation in tqual jllStia programs for tht poor, including pro bono tfforts through legal servia programs. For [he pasr rwenty-four years Phil Carroll has used his considerable legal expertise and highly regarded lirigarion skills co represenr Arkansas' poorest citizens as a volunteer pro bono attorney for VOCALS, Volunreer Organization of the Cenrer for Arkansas Legal Services. When VOCALS was fim formed in 1982, Mr. Carroll was one of its first volunreers. In addition to his long standing pro bono work, especially in assisting children who needed scable homes as a specialty of Mr. Carroll's pro bono work, he also has served our nation as a Commissioner of the NationaJ Conferencc of Commissioners on Uniform State Laws, which is a further example of his dedication and life long commitment to equal justice. He has served as president of this national organization and in other leadership capacities since 1970 roo numerous to list. According to his nominarors, "he embodies rhe spirir of Model Rule 6.1 for Professional Conduct: 'Every lawyer has a professional responsibility to provide legal services ro those unable to pay' ... The many pro bono clients he has represented over two decades have found an advocate who truly cares that our coumry's legal system is accessible to everyone regardless of their ability to pay an attorney's fee. He recognizes the importance of having access to quality legal represemation and legal counsel because without access to a lawyer-our legal system cannot provide equal justice for everyone ... His fifty-five plus years of legal service have shown a local and national commitment to justice and unflinching support for the rights and fair treatment of others."

Vol. 41 No. lISull1mer 2006

TIle Arkansas lawyer

Lawyer Disciplinary Actions Pinal fi ctions from March 10, 2006, tbrougb JUlie 3 0, 2 006, by tbe Committee 011 Professiollal Conduct. Summaries prepared by fb e Office of Professional Conduct. Full text documents are a vailable oil-lin e at http://collrts.state.ar. IIS/ courtslcpc.html. {Note: ''Model'' Rules refors to tbe Rules of Professional Conduct as they existed in Arkans" ,$ prior to May 1, 2005. f~rkllllsas " Rules "eftr, to the Rules as tbey exist ill Arkllllsn.s from May 1, 2005.j SURRENDE R THOMAS J . "T J." H IVELY, Bar No. 75060, of Batesville, Arkansas, surrendered his Jaw license, accepted by the Supreme

Court on Aptil 6, 2006, in lieu of disbarment proceedings. as a result of his felon y conviction and semence in federal court on Septembet 20, 2004. WESLEY JOHN "BUTC H" KETZ, JR., Bat No. 76065, of Batesville, Arkansas, surrendered his law lice nse, accepted by the Supreme Court on May 4, 2006. in li eu of disbarm enr proceedin gs, as a resulr of his felony co nviction and sentence in federa] co urt on September 20, 2004. RI C HARD L. WOMMACK, Bar No. 62028, of Fayettevi lle, Arkansas, surrendered his law license, accepted by th e Supreme ourt on April 13,2006, in lieu of funher disci plinary and disbarmem proceedings, as a result of his conversion (0 perso nal use of diem funds from an estate account over which he exercised fiduciary responsibi lity. Vio larions of Model Rules 1.1 , 1.3, 1.4 (c), 8.4(b), 8.4(c), and 8.4(d)

were aJleged in the Complaim. Mr. Tourdot died in 1999, and Respondent Wommack opened probate in Madiso n County, had Ms. C hristian appoimed administratrix, and served as anorney for the esta te with control over the estate bank accounr and propenies until he was relieved of those responsibilities by Judge Michael Mashburn aftet a hearing on August 15, 2005. Beginning in August 2002 Respo ndent made wr itten reports of vario us estate matters to Judge Mashburn. In Ocrober 2003, Judge Mashburn entered his Order to Appea r and Show cause directed to Respondem, (0 appear with the perso naJ representative, and explain the status of me Tourdot Estate. On Ocrober 29, 2003, Judge Mashburn entered his otder directi ng Respondent to file an accounting in the Tourdot Estate by November 26, 2003. In January 2004, a brother of decedent wrote Judge Mas hburn about his unsuccessful effo rts (0 obtain information frol11 Respondent abom rhe srams of dl e Toutdot estate. In May 2004, St. Jud e HospiraJ of Memphis. a beneficiary under the Tourdot will, wrote Judge Mashburn about irs la ck of communication with Respondem for a period of ['\vo years. In Jun e 2004, Ms. C hristian filed her Accouming. prepared with Res pondent's ass istance, showing a balance on hand of $46,831.27. The matter was set for hearing o n all motio ns in Jun e 2005. At the June hearin g, a claim of $33,438.40 fo r the decedent's final hospital bill was co mpromi sed for $23,000, approved as a priority claim, and paid . Another hea rin g was set, and then co min ued to August 15, 2005. On August 8, 2005, Ms. hristian wrote the co urt asking for an accounting to the Tourdot Estate

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from Respo ndent. The couer orde red Respondent to bring with him to the hearing cenain accounting documents. Following the hea ring Judge Mashburn emered his Order relieving Respondem as attorney for the Tourdot &ta[e, removed him as an amhorized party from the bank accoum of the Estate, directed him to produce other docllmenrs, and announced an anorney woul d be appoinred by the co urt to assist the personal represent3rive in reviewing Estare mareriaJs and finalizing the Esrare as soon as practi cal. Judge Mashburn then appoinred Fayertevi ll e attorney John Everett to assisr Ms. C hristian in performing her duties as perso nal represe ntati ve. In Septembet 2005 , Judge Mashburn wrote ro the Office of Professio naJ Co nduct, bringing this matter to the anemion of that office. The probate case was thereafter transferred ro C ircuit Judge William Storey fo r further proceedings. Judge Storey co nducted a hea ring on Novembet 21, 2005, and found that Respo nd ent (I ) had teceived funds of $36,568.67 from th e Tourdot estate without any authorizatio n from the Cou rt or in any other fashion; (2) had nor petitioned or received approval for any fees he had paid himself; (3) had converted $36,568.67 from [he Estate; and (4) should repay the Tourdot Estate $36,568.67 by Dece mber 15, 2005. As of that date, no ne of these funds had been repaid by Respondent to rhe Estate. The transcript of [he hearing aJso shows that in July 2000 Respondent used an Estate check for $1,228.00 payable ro Bank of Fayerreville to purchase a cashier's check, paya ble to the University of Arkansas, for the sa me amount, ro cover previous perso nal checks he had given to the University to purchase his football and basketball tickers and that were on insufficient perso naJ funds. Respondenr purchased a cashier's check in D ecembet 2000 for $4,750.29 payable to New Somh FederaJ Savin gs Bank, noted for "house payment,Âť for hi s perso nal debt. To purchase this cashi er' s check, he an used Estate check for $2, 100.00 payable ro "cash" and marked "transfe r, " and a debit item from the TOllrdor Estate account fo r anothet $ 1,400.00. A summary of rh e evidence produced at the November 2005 hearing shows Res po nd ent received funds from rh e Tourdor Estate bank account, on which he had signatory authority, or other Estaterelated sources, as fo ll ows:

Lawyer Disciplinary Actions t. From twcmy- fi ve (25) items payable ro Res pondent - $22.202.00, 2. Fro m nine (9) items payable to "cash"

and endorsed by him - $3,925.00 3. From seven (7) items endorsement - $ I ,963.67

indece ncy were reduced [0 three counts of mi sdem eano r harassment for his plea. The co nduct that was originally charged as a felo ny involved Wray being a "professiona l,"

"cash" with no

as defin ed by ACA 12- I 2-507(b), and occu-

4. "Cash back" held ou[ of five (5) deposits he made - $4,650.00

pying a pos iti on of trust or authority ove r the victim, due to het co nnection with the cri m inal justice system.

5. Items used to purchase

twO

$3.500 o n his retainer by wire transfer to a bank account he identified fo r her, whi ch was not his tru st acco unt . Respo ndent Ho ugh entered his appearan ce in her litigatio n in November 2004. Thereafter she had diffi cul ty co nta ctin g Res pondent and obtai nin g information from him on her matter. In March 2005 she sent him a letter discharging him and requesting a refund of her fee and retu rn of her papers. She got a new attorney who quickly resolved th e pendin g litigation. She wrote Respo ndent again in August and October 2004 requestin g re[Urn of her papers and a fee refund .

(2) cashi ers

checks - $3,328.00 6. One check nO( deposited bur cashed by him - $500.00 111 February 2006, he res ponded that he did much work fo r rhe Tourdor estate and the admin istratrix; that his fee arrange ment with her was for him to wo rk at $ 125 per hour; that he regu larly sough t th e input of Ms. C hri stian , who m he desc ribed as a businesswoman; mat he properly paid d ebts and expenses of rhe estate, often in cash; that he

did nor receive $36,568.67; rhat he could nor have taken aU the funds he is accused of taking because that would resu lt in the estate having zero ex pense. H e acknowledged writing checks [0 the Unive rsiry for his athletic ti ckets from the wrong acco unr, bur offset that by his claim that these payments were no t in excess of what he clai med the estate owed him . H e admi tted using estate funds ro make his house payment, bm claim ed he forgot to later reimburse the es tate. H e claimed many of th e trust account checks [0 hi s firm were for uniremized lega.l services to the estate. He claimed the estate funds he used for the tickets and the hOllse paymenr are avai lab le for the estate at any time. On December 18, 2005, th e esta te's new a ttorn ey fi led a Petitio n to C ite for Contemp t against Respondenr, claim ing he

had failed to pay any of the $36.568.67 by the due d ate. An O rd er fo r Body Arrachm enr was issued and Res pondent was jailed afrer he fail ed to appear at a hearing on the co ntempt petition. Respo nden t paid $ I 0,000, and was rel eased from jail. (S L)

JOE D. WRAY, Bar No. 8 11 7 1, of EI Dorad o, Arkansas, a former deputy prosecutin g attorn ey for Un ion Coumy, surrend ered hi s law li ce nse, accepted by the Suprem e CO LIn on Jun e 22, 2006, in lieu of disbarmenr proceedings, as a resu lt of his m isd emeanor convictio ns and as a specific te rm and co ndi tion of his "no comest" plea agreement in Unio n Co un ty C ircuit Cou rt

SUSPENSION: STEPHEN G REGO RY HOUGH,

Bar

No. 84077, of Fon Smith , Arkansas, was suspended for twelve ( 12) momhs and

ordered to pay $3.500.00 restitution by

but hea rd nothing from him. She fi led a dis-

Co mmittee Findin gs & Order fil ed April

ciplinary co mpl aint, and the Office of Profess ional Conduct wrote Respondent in September 2005 req uesting inform acion on th e matter bur gOt no response. Respondent

18, 2006, on a Complaint filed by Jenni fer Gooch Elliott in Case No. 2005- I 5 I , for violations of Model Rules 1.2(a), 1.3, 1.4(a), 1.1 5(a), I. I 6(d), 3.4(c), 5.5(a), 8.4(c), and 8.4(d).

failed to pay his 2005 license fee from March I , 2005, to August 10, 2005, there-

Ms. Elliott was a parry to litigat ion in Unio n Coun ty involving possession of a number of firearms. She desired [0 change attorneys and was referred to Respondent when she co macted th e Nat ion al Rifle Association. She mer him in Lirde Rock in

by practicing law in this matter, and others, while his license was adm inistratively suspended for fai lure to pay his ann ual license fee. Respondent perso nally signed for the disciplinary com pl aint December 2 1, 2005, bur failed to file a Response.

Octobet 2004, gave him her file, and paid

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Vol. 41 No. 3ISumrncr 2006

n,eArkansas La"Yer

Lawyer Disciplinary Actions STEPHEN GREGORY HOU G H. Bar No. 84077. of Forr Smith. Arkansas. was suspended for twenty-fo ur (24) months by Committee Findings & Order filed April 18. 2006. on a Judicial Complaint by United Stares Bankruptcy Judge Richard

Taylo r in Case No. 2005- 154. for violations of Arkansas Rules 1.3. 3.4(c). and 8.4(d) . Judge Taylor ser four hearings in Fort Smith. Respondenr's home rown, from April thro ugh Augusr 2005. on maners involving a client's case. Respondenr fail ed to appear

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at all [he hearings. A "show cause" was set for August 3. 2005. o n hi s failure to appear. Respo ndent again failed ro appear and Judge Taylor sa nctioned him $ 1.000. Respondent perso nally signed for the discipl inary complaint December 15. 2005. bur fai led to file a Respo nse. STEPHEN GREGO RY HOUGH . Bar No. 84077. of Forr Smith. Arkansas. was suspe nd ed for twelve ( 12) months and ordered to pay $759.00 restitution by Committee Findings & Order fil ed April 18. 2006. on a Co mplaint filed by Clarance Farrar in Case No. 2005-166, for violations of Model Rules 1.3. 1.4(b). 1.15 (a). 1.16(d). 3.4(c) . 5.5(a). and 8.4(c) . In February and March 2005 the Farrars hired and mad e paymenrs totaling $759 to Respo ndent Hough to file rheir C hapter 7 bankruprcy. The fec check was nOt deposited imo a trust aCCOlim and Res pondenr never fil ed the bankruptcy petition. COlHacr couJd not be made with Res pondenr. Afrer the Farrar complainr was received, th e Office of Professional Conduct wrote Respondent on July 14. 2005. about the marrero On Jun e 20. 2005. a new ano m ey hired by the Farrars filed their petition and they received a C hapter 7 discharge in September 2005. Respondent' s law license was automatically suspended from March 2 - Augusr 10. 2005. due to his failure to pay his 2005 license fee. so he engaged in rhe unaU[horized practice of law during this period o n th e Farrar's maner. Respondenr replied that he had emotional difficuJries during this time period. did not deny the allegations. admitted he failed to pay his licensc fcc, and alleged a nervous breakdown in late March 2005 that left him incapable of practicin g law. OSCAR STI LLEY. Bar No. 91096. of Fort Sm ith, Arkan sas, had hi s Arkansas law li cense suspend ed for six (6) months by Committee Findings & Order filed May 4, 2006. on a 4-3 vote after a hea ring by Panel B on a omplainr gene rated by a referral from (he Arkansas Supreme Court in Case No. 2002-077. for violarions of Model Rules 1.7(b). 3.1. 3.4(c). and 8.4(d) . By separatc Order, Panel B s£ayed rhe effective date of the suspension pending reso lu tion of Mr. Stilley's appeal ro the Arkansas Supreme Coun. Mr. Stilley's Arkansas law license is not suspended at this time. Res pondem Stilley filed an actio n for his di em White on

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Lawyer Disciplinary Actions 3 bailor tid e case involving a salary "cap" for certain scate officials. including justices of

the Supreme Court. He requested recusal of all seven justices from hearing his case, arguing they had a perso nal financial interest in the Quccome of rhe case and they had demo nst rated a hosriliry roward him based on the Co urt's rulings against him in five cases over a ten- yea r period. He basically dema nded w hat m ight be characte ri zed as a "fa ct-findi ng" hea ring at w hich he would be

able

qu estion the Court members on

issues th at were of interest [0 him. The Court held that Stilley's seventy page brief should he stricken in its emiteer because of

his cominucd use of disrespecdUl. strident language and his repeated refusal

recog-

nize and adhere co precedem. The Court's Per C uriam of May 17, 2002, should be lanread [Q see rhe extent and narure of guage the Court found offens ive and deserving of referral . Justice Brown dissclHed in part and recused from rhe pan of th e case dealing with rhe judicial salary "cap." In response, Mr. Stilley addressed each issue raised by the C ourt. H e strongly denied he has vio lated Ark. Ru le of Appellate Procedure 11 (" Rule I t ") in any manner tha t deserved sancti on. H e argued that the " Rule of Necessity" sho uld not be applied on th e feeusa l issue, based on rhe Brickho use case fro m 1925, where all sitting justices did recuse in a case dealing wim judicial salaries and the Governor appointed

a full Court of special justices. He argued that the only authoriry fo r strikin g a brief is in a situ ati on where the comments are disrespectful to a trial court. As to nO[ recognizing and adhering CO precedem , he asserted thar a lawyer is free to challenge precedent at any rim e, because rh e Court does change its mind , citing the reversal of long-standing precedent in a space of less than twO years on th e "dramshop rule" issue, where Mann v. Orrell, dec id ed unanimou sly in December 1995. was overruled in June 1997 in Shanno n v. Wilson. At a hearing, the Panel unanim ously found four Rule violatio ns and found his co nduct did not violate three othe r charged Rul es. Fin al Comminee action was delayed for so me ri me by a related su it filed in federal cou rr by Mr. Stilley, and by o ther procedural matre rs.

REPRJ MAN D: NORMAN 36

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2002040, of Co nway, Arkansas, was reprimanded by Comminee Co nse nt Findings & Order filed June 16, 2006, on a complai nt by Donna Rush of Little Rock in Case No. 2006-038, for violations or Arkansas Rules 1.3 a nd 1.4 (a)(3). M s. Rush hired Respo ndent Angeleri o n November II , 2005, ro file a C hapter 7 bankruptcy and eve ntually paid him $684 for his fee, th e credit co unsel in g fee, and the fi li ng fee. H e failed to file for her. She co uld nO[ contacr him , statin g his Little Rock office was closed and she did nor know where he was. She eve ntually gOt a seco nd artorney, who promptly filed a C hapter 13 petition for her on April 7, 2006, for a fee of $2,550, plus a $274 filin g fee. Respondent refunded $350 to her in May 2006, and scated he was not aware she had rerminated his legal services until he received the Office of Professional Conduct compla int. DELISA K. BLANTON , Bar No. 2000014, of Benton , Arkansas, was rep rimanded and ordered to pay $ 185.00 restitution by Comminee Co nsent Findings & Order fi led March 21 , 2006, on a Judicial Co mp laim by Unired Sca res Bankruptcy Judge Audrey Evans in Case o. 2006-005, for violatio ns of Model Rules 1.3, 1.4(a), 1.4(b), 3.2, and 8.4(d). Judge Evans repo rted Respondent Blan ton for problems with three bankruptcy cases. In the H ood case, Respondent failed to give me creditors notice of Respo ndent's filing of a moti on to reinsta te. eve n after the Co urt wrote Respondent about it. In th e Bowdie case, in an adversary proceeding, Respondent and her client failed to appear at a scheduled hea ring and summary judgment was granted against he r client. Respondent apparently failed to info rm her client of th e meeting and offered no vaJid reaso n why she missed ir. Respond ent pet ition ed for reh ea rin g alleging she had no t been provided notice of the earlier hearing. There was substantial co rrespo ndence to the co ntrary. In the H arris case, Respo ndent fa il ed co file clients' ba nkruptcy petition in face of their notice co her that a foreclosure saJe o n their home was imminent. Due to the failu re to file. the home was so ld and Respo ndent failed to do anything ro fix the problem she created . Respon dent replied that during this time frame she was under great S[ ress, primarily from dealing wi th her spouse's major healch probl ems.

MARC IA M . BRINTON, Bar No. 83030, of Fayetteville. Arkansas. was reprimanded and orde red to pay $28,500.00 in restitution by Committee Co nsent Findings & Order filed May I I, 2006, on a Complaint filed by Pau la & Jake H edden in Case No. 2004- 173, for vio lations of Model Rules 1.1 , 1.4(a), 1.5 (c), 1.1 5(a)(3), 1.1 5(b)(3), and 8.4(c). Respo ndent Brinton re presented the H edd ens on a 40% contingent fee basis in a perso na l inju ry case aris ing from an accident in 1994 , from which Ms. Hedden eventually lost a leg. In February 1997 the case was setrl ed for $ 100,000. Respondent rook her $40 ,000 fee plus costs, and distributed funds to a number of provid ers and $ 10,000 to Jake H edden for his co nsortium claim. Ms. H edd en claimed she has never received any funds fro m Responde nt for her claim. Respondent stated she destroyed her client file a nd trust account records for the H edden maner so me time ago, and was unabl e to obtain her truSt account reco rds after being notifi ed of the filing of the H edde n grieva nce. because her then-bank no longer existed. M s. H edden claimed Respondent did nOt pay, o r properly deal with, all her known medi cal bills. Respo ndent agreed to a consent judgment in November 1999 on a chiropracric cl ini c bill of Ms. H edden's of $ 1,560, without the knowled ge of M s. Hedden , and with an alleged questionable signature of Ms. Hedden on the jud gment d ocument. Respondent agreed ro pay the judg me nt 111 installments from Respondent's personal funds over the next fWO years. to keep the judgment from bei ng publicly recorded. When Res po ndent did nOt pe rfo rm on thi s obligation, the judgment was record ed in November 2002, and executio n atrempted aga inst the H eddens' properry in Februa ry 2003. In November 2000, another provider rook a d efa ult judgment against M s. H edden for $2,695.32 for an unpaid medical bill from the 1994 accident. Ms. H edden had a medi cal maJpractice claim thar arose from her injuries in the 1994 accid ent and Respondent handed thar ca use of actio n ofT to another ano m ey. Matthews. who pursued it to a sercleme nt. In rhe process o f his representation of Ms. H edde n in that maner, M anhews co rresponded with Respo ndent asking for a n accounting from her for the $ 100,000 sertl eme nt . H e wrote also about the chiropractic bill. Respondent finaJly se nt Matthews

Lawyer Disciplinary Actions an office check for $1,500 in August 2003

Complaint on Mr. Antonik's behalf in

ro payoff Ms. Hedden's balance on that judgmem obligation. In late 2003 and early 2004 differenr artorneys wrote Respondent for Ms. Hedden requesting an accounting of

January 2005. Mr. Green also failed to keep

[he $100,000 but gor no response. The disciplinary complaint followed. In mid-2004 the Office of Professional Conduct wrote Respondcnr requesting an explanation of

the $100,000 senlemenr.

Respondent

responded with her version by )enc r in

August 2004. Respondenr listed abour fifceen individuals or fiflllS that she recalled received funds from her disrribmion of the sertlemenr, aJl rocaling very roughly about $83.000, including her fee and costs and the

$10,000

Mr. Hedden. Respondent has

Mr. Antonik informed of the starus of the lawsuit and the actio ns and efFons being underraken on his behalf. Green failed to advise Anconik that discovery requests had been served on him by the defendants in the lawsuit and he failed to advise Anwnik that Motions ro Dismiss had been filed in his lawsuit. He did not adv ise Mr. Antonik when his laws uit was dismissed by Judge Hatkey in January 2004. Mr. Gteen was paid $4150 as a partiaJ fee for his representation. At the time of the filing of the formal disciplinary compla int, Mr. Green had not refunded any of the funds paid ro him by Mr. Amonik.

been unable ro offer further exp lanation for

replied that he did not think at the time he was doing anything unethical by entering into this business arrangement with his client. In his response he does not deny the dealing, but called it an unintentional ethi-

cal lapse. CHARLES M. "MARC" HONEY, Bar No. 86091, of Hot Sp rings. Arkansas. was repri -

manded and fined $3,000.00 by Commirree Findings & Order filed April 3, 2006, on a Comp laint filed by Harvey HarringtOn in

Case No. 2005- 160, for violarions of Model Rules I. I 5(a), and I. 16(d). Mr. Harringron contacted Respondent Honey about representation in a possible future bankruptcy for his business and personal maners. On March II , 2005, he paid Respondent

[he remaining roughly $17,000 due to her

KEN ARD K. HELTON, Bar No. 80058,

$8,000 cash on a quoted $10,000 fee ro

lack of records. Her anomey, W. H. Taylor. reported he had been unable to obtain the [rUSt account records after an exhaustive sea rch. As parr of a "consent" offer which also outlined and documented her serious health problems, Respondenc offered to pay

of Dardanelle, Arkansas. was reprimanded and fined $200.00 by Committee ConselH Findings & Order filed April 21, 2006, on a

handle these matters. Respondent did nOt deposit the fee inm his trUSt accoum. Harrin gton was ab le to get his bank to refinance his loans and avoid default and the need for bankruptcy. He com municated to

$28,500 to [he Heddens, an offer rh ey

RespondelH He1ron was befriended by an elderly widow, Ms. Menharr, in the early 1990s, and he assisted her in a variety of ways over me years. She so ld her house in

strongly encouraged the Panel CO approve. Upon approval of the consent proposal, me

$28,500, which had been escrowed with OPC, was paid to [he Heddens.

Complaint filed by anomey Kei[h Coker in Case No. 2005-150, for vio lations of Model Rules 1.8 (a), 1.1 5(a), and 3.4(c).

1999

and

[hen

loaned

Respondent

Comm ittee found that his conduct violated

$60,086.43 at lCro interest, based on a note Respondent prepared for her. He agreed (0 pay her monthly rental fee at her assisted living unit uncil her death, at which time any balance on his note was forgiven. Respondent did not deposit the c1jent's funds in a trust account, but used the funds as a loan and for his personal purposes. Ms. Menhart died in Septe mber 2003. Respondent opened probate administration ,

Model Rules 1.1, 1.3 and 1.4(a). Mr.

showing personal property of abour $2,000

AlHonik hired Mr. Green to pursue legal action on hi s behalf against the Heber Springs Water Department. Respondent Green filed a lawsuit for Mr. Amonik in March 200 l. Green did not timely respond

as her only estate. He was appointed executor. Questions arose and on May 18, 2005, Respondenr was o rdered ro file an account-

OSCAR JEROME GREE ,Bar o. 85062, formerly practicing in Lirde Rock, Arkansas, (now of Pell City, Alabama), was reprimanded and ordered to pay $2,000.00 in restirution by Committee Consent Findings & Order filed May 23, 2006, on a Complaint filed by Roben Anronik in Case

No. 2005- 126. Mr. G reen admined and the

ro pleadings filed by opposing counsel. He did not timely respond ro the Motion ro

Dismiss filed by [he Heber Springs Warer Depanmenr on April 17,2001. He did nOt respond ro rhe discovery requests served on him by oppos ing counsel. He did not respond to the Motion ro Compel and did

not co mply with the Order by Judge Harkey filed on December 23, 2003. He did not file a response CO the Morion ro Dismiss filed on January 12,2004, and did not serve the parties sued when he filed an Amended

ing and invenrory by June 11,2005. Helton was removed as executor. He failed to file th e account in g and inventOry until November 2005. His accounting showed he

held $8,195.76 for the estate, including a large credit back to the estate from Helton.

A separare suir by DHS for $4,831.10 for nursing home services ro Ms. Menhan was unresolved, and represented 3 claim against he r estate. Respondenr has apparently satisfied any financial obl iga ti on he has to the Menhart estate, because Mr. Coker, attorney for an heir, and rhe one who filed this comp!aim, has nOt stared otherwise. Respondenr

Respondent on April 5, 2005 rhat they would nO[ be filing any bankruptcy and asked him to return ro them their papers and the unearned portion of the $8,000 paid to Respondent one month before. According to Harrin gto n, Respondent told him he owed Honey no more money, but to just consider him as their family attorney if they needed one in the future. Respondent did not offer any refund. Several calls to Respondent were unsuccessful in obtaining papers or a refund. In September 2005. Mrs. Harrington obtai ned the papers from Respond ent's office in Hot Springs. An acco unting of Respo ndent's work for Haningto n was requested but no response was received. In his response, Honeyasserted thar Haningmn first co ntacted him on September 2, 2003, and that Res pondent stood ready to represent him. Respondent states Harrington contacted him again on March 7, 2005. and paid his retainer four days later. Respondent sta tes he co mpleted

bankruptcy filing paperwork for a Chapter II petition. which Harrington and his wife signed. After being served with the

Complainr, Respondent

on January 23, 2006, refunded $8,000 ro

Harrington. In his response Respondent admitted nOt depositing the $8,000 inro a trust account, stating it was for pre-petition work and that me bankruptcy coun would

probably have approved his fee if [he perition had been filed.

Vol. 41 No. YSullllller 2006 The Arbns"s lawyer

La\o\Yer Disciplinary Actions PHILLIP A. MOON, Bar No. 84 109, of H arriso n. Arkansas, was reprimanded and fined $ 1,000.00 by Co mminee Findings & O rder fil ed March 14, 2006, o n a C.omplaint filed by Bo nnie Streeper in Case No. 2005- 142, fo r violations Model Rules l.l , 1.3, 1.4(a), 3.4(c), and 8.4(d ). Ms. Streeper hired Respo ndem Moon co defend her in a lawsuit after an accident, when her insuran ce co mpany denied the claim . Moon filed an An swer on her behalf and then did nothing else. He fa il ed to respond to Requ es ts fo r Admiss ion, orher discovery reques ts, a Motio n co Deem Admissions Admitted , and a Motion for Summ ary Judgment. He did not advise M s. Streeper when Jud gment was entered against her. She did caJl his office from time to rim e. M s. Streeper repo n ed that the last time she called Mr. M oon '~ office and spoke with him was du ri ng May 2003, when Moon advised her that nothing was going on in the lawsuir. He failed to keep M s. Streeper informed of th e StatuS of her legal man er; when he fa iled to advise Ms. Streeper when the Su m mary Judgmem was emered agai nSt her; and when he fai led to advise Ms. Streeper or explain ro her that th ere were certain duti es requ ired of her after the Summary Judgment was gran ted against her. LORl A. M OS BY, Bar No. 9401 6, of Little Roc k, Arkansas, was reprimand ed by Co mmitree Findings & O rder filed April 2 1, 2006, o n a Compl ainr fil ed by Rickey L. McCraw in Case No. 2005-044, for violari ons of Model Rul es I. I 5(a), 1.1 5(b), 1.15(c), and 8.4(c). Respo ndem Mosby represented Mr. McCraw in a personal injury marter. When th e maner was settled in April 2003, M s. Mosby agreed to pay all ex penses from her po nio n of me an o m ey's fees recovered in the man er, in cl udin g $7,805.86 owed to Techni cal Advisory Service fo r Attorneys (TASA) for an experc wi tn ess. Ms. Mosby did nor pay mar ex pense although her setdemenr statement prepared fo r her client reflects that she was to do so. In vesriga ti o n of Ms. Mosby's trust account recn rd ~ showed that the funds owing to TASA (o r in d ispure berween M s. Mosby and TASA) were no t maintained in her trusc account after depos it of the settl ement funds. . Upo n receiving th e settlement funds fro m McC raw's perso nal inju ry maner, M s. Mosby fail ed to pro mptly no ti fY TASA, a third p:Ht"y whom she kn ew co have an inrer-

38 TIle

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est in ,he funds, and failed to promptly del iver to TASA , he funds TASA was enti tl ed to receive in th e McCraw man er. After Ms. Mosby received me seniement funds in the McCraw matter, she failed ro keep separare the funds in which she and TASA both claimed an interest until the dispute could be settled . The Co mm in ee found mat Ms. Mosby was dishonest with Mr. McCraw when she advised him in rwo se parate documents she signed that she would pay a1l ex penses, other than medica1 bills, incurred in his legal man er from the po rtion she retained of his settl ement funds but she did nor do so. M O RRI S W. T HOMPSO N , Bar No. 801 45, of Little Rock, Arkansas, was reprimanded, fined $4,000.00 and assessed $378 costs by Committee Findings & Order filed June 30, 2006, o n a complaim by Leon Gooden of Jo nesbo ro in Case No. 2005067, after a public hea ring befo re Panel B, fo r violatio ns of Model Rules 3. 1 and 4.4. [Note: This cases is presently on appeal to the Arkansas Supreme Coun, and is thus not a final san crion .J Leon Gooden emered into a conrract with Ga m ble Co nstru cti o n C ompany ("Gamble>!) fo r the constru ctio n of a small office building o n Gooden's propen y at 2 13 N. Allis in Jonesbo ro. W hen ,he building was nor com pieced as set forth in the contracr, Gooden refused to pay th e balance. Mr. T ho mpso n filed suit aga insc Mr. Gooden in C ircuit Coun, and also filed a lis pendens no cice with the C ircuit C lerk listin g eleven ( I I) parcels of property owned by Mr. Gooden, including the one where th e construction was done. Acco rding to Mr. Th ompson, he did no t provide a copy of the notice co Mr. Gooden. During the summ er of 2003, Mr. Gooden nego ti ared a sale of property of o ne of the parcels listed in the lis pendens, but no t the 2 13 N. Allis property, fo r ,he pu rpose of paying the balance of a loan with a bank. The lis pendens preve nced the sale of propen y as Mr. Gooden was un able to provide clear tide. AI; a resulr comract d ispu te berwee n Gam ble and Mr. Gooden, the bank ini tiated foreclosure on the property M r. Gooden was trying to sell. Mr. Gooden we ll( to a local lawye r frie nd , Snel lgrove, who reviewed documents Gooden o bta ined at the courtho use. M r. Snell grove ca lled Mr. T ho mpso n and asked chat rh e lis pend ens be removed from th e other pro perti es. because Th ompson could

not file a lis pendens aga inst every parcel of property ow ned by Mr. Gooden. According to Mr. T ho mpso n, Mr. Gooden was represemed by attorney Stanley, and Snellgrove had nor entered an appea rance in th e case. Mr. Tho mpso n srared chae as Mr. Snell grove and Mr. Stanley were not in the same law firm and Mr. Snellgrove had nor entered an appea rance, he did no t wane to talk about th e case. Following th e telephone conversation , Mr. Snellgrove wrote a lener ro Mr. Thompso n asking that the lis pendens be removed fro m Mr. C ooden's properties. Mr. Snellgrove testifi ed that he neve r rece ived a response from Mr. Thompson. Mr. Gooden restified that he went to Mr. Stanley's o ffice in January, 2004, to ,a1k abo ut th e lis pendens. According co Mr. Stanley, he made several an empts to telephone Mr. T ho mpso n bu t was not sure ifhe ever spo ke wi th him. A5 a res ulr he se nt a len er to Mr. Thompson on January 16, 2004, askin g Mr. Tho mpson to release the lis pend ens fil ed against Mr. Gooden's other properties. Mr. Stanley offered a reasonabl e period of rime for Mr. Thompson ro act. Mr. Stanl ey srated that he neve r received a response from Mr. Thompson. On February II , 200 4, Mr. Stanley filed a Second Amended Countercl aim, and a C ross Claim Th o mpson directly. against Mr. Unbekn ownsr to Mr. Stanley, o n February II , 2004, Tho mpson had fil ed a release of the lis pendens o n nine of the eleven prop路 enies listed in ,he May 3 0, 2003, filing. Mr. Tho mpso n res tified th at he had experienced difficul ty prio r co filing suit discuss in g the lega1 matter wi th Mr. Gooden as it rei ated to hi s client , Gambl e Construction , did no t have a good address for Mr. Gooden, and that Mr. Gooden avoided se rvice of process. Mr. Thompson stated th at he had di sc ussed wi th C hriscopher Mercer, Atto rney at Law, Little Rock, Arkansas. abo ut whether he could file a lis pendens against all properties owned by a party to a lawsuit invo lving a breach of a constru ctio n co ntract. Mr. Th o mpso n was tOld ,hat he could , and o n May 30, 2003, Mr. Tho mpso n fil ed the lis pendens no tice o n all properties ow ned by Mr. Gooden . Mr. Th o mpson stared thaI he did have a con ve rsa ti o n with Mr. Snell grove on D ecember 16, 2003, abo ut the lis pendens filed against" Mr. Gooden's properties. Mr. Tho mpso n testified that he did no t do anyrhing regardin g the lis pendens noti ce afrer rhe telepho ne call o r after rece ipt of a letter

Lawyer Disciplindry Actions from Mr. Snellgrove. Upon receipt of a letter from Mr. Stanley in january, 2004, Mr. Thompson stated that he men researched me maner and found ou[ mat Mr. Scan ley's position had merit. As a result, Mr. Thompson filed a release of lis pendens to nine of the eleven properties on February 11 ,2004.

CAUT ION: ANDREW L. CLARK, SR., Bar No. 73018, of Little Rock, Arkansas, was cautioned and ordered to pay restitution in the amount of $1, I 08AO by Committee Consent Findings & Order filed April 21, 2006, on a Supreme Court Per Curiam Order in ase No. 2006-020, for violations of Arkansas Rules 1.1, 1.3 and 8A(d). Mr. Clark filed a Motion for Rule on the Clerk in th e maner of Montroy v. Montroy, 0600096, adm itting that he failed to file the record on appeal within the time allowed him in the Order Granting Extension of lime. Clark filed the record two days late eve n though he had the dare properly marked on his calendar an d the Court Reporter com3cred him on the dare the record was due to be filed and advised that it was completed and ready to be filed. Mr. Clark accepted the ourt Reporter's statement that the time for filing the record on appeal did not expire until two (2) days later. The Supreme Court denied the Motion for Rule o n the C lerk, and C lark's client loS[ his right to an appeal. J EFFREY DENNIS HALL, Bar No. 95260, of Co nway. Arkansas. was ca U[i oned and ordered [Q pay restitution in the amou m of $3,384.20 by Co mmittee Consent Findings & Order filed April 2 1, 2006, on a Supreme Court Per C uri am O rder in Case No. 2006019. for violations of Arkansas Rules 1.1 , 1.3 and 8A(d). Mr. Hall attempted to file an appeal for his client Robert Hightower with regard to an O rd er of Guard ianship entered in March 2005. Mr. H all failed to file the second Order of Extension of Time before the time granted in the first Order of Extension of Time expired. A Motion for Rule o n the Cle rk denied. Two (2) months later, Mr. Hall fi led a Mo tion for Reconsideration which was also denied. Mr. Hall's fa ilure to properly an d cimely file the

40 TIle Arkansas lmryer

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Second Order of Extension of Time caused his client [Q be denied the opportuni ty to appellate review of the Order of Guardianship. LARRY j . HARTSFIELD, Bar No. 69030, of Little Rock. Arkansas. was ca utioned and fined $250.00 by Committee Findings & O rd er filed May 24, 2006, on a judicial Co mplaint by United States Bankruptcy judge Audrey Evans in Case No. 2006-002, for vio lati ons of Rule 8A(d) . Eula Mystery Willis ("Willis"). a business woman in Little Rock engaged in property development. management. leasing/rental. and computer soft\vare engineering. gave sworn testimony in Bankruptcy Case No. 05-bk-19364 before judge Evans on Novembe r 15, 2005. Prior to July 21. 2005. Willis conferred with Respondent about filing for prmection in bankruptcy court. staring she was getting behind in her business obligations in the property development business. She sta ted she told Respondent she needed to reorganize her business because she had over one millio n dollars in construction loans. She stated Respo nd ent told her he would put her in a "business C hapter 13." She stated Respondent never gave her an opportuniey to look at her bankruptcy petition and schedules before they were filed, and that she did not sign them before they were filed. She stated Respondent failed to advise her as to the requirements and benefits of each bankruptcy "Chapter" avai lable to her. At the time her debts were in excess of the $307,675 limit for unsecured debts and $922,975 for secured debts allowable for her to file a Chapter 13 wage-earner petition. The Amended Form B t Respondent's office filed August 8, 2005, lists her debtS as totaling $ 1,000,00 I-I 0,000,000. The Amended Schedu le F, "Creditors Holding Unsecured No n-Pr iority laims" Respondent filed August 24, 2005, listed a total of $616,358.82 in such unsecured debts. In her testimony in Bankruptcy Court. Willis stated she never asked Respondenr to co nvert th e C hapter 13 he filed for her into a C hapter 7 liquidation plan. as she had no intenrion of liquidating her ongoing businesses. She stated she got a letter from the bankruptcy co urt informi ng her that her pla.n had been converted from a Chapter 13 to a Chaprer 7. and she then mer with Respondent to try to find out whar was

going on. She stated Respondent told her the conversion was the result of "computer error." She sta ted she acrended the first creditor's meeting. apparently held prior to September 8, 2005, and the day after the creditor' s meeting she terminated Respondent's services. Anolher attorney moved {Q substirute in Respondent's place for Ms. Wi llis on September 8, 2005. Willis stated thar at the creditor' s meeting she was asked by atto rney john Walker if she had signed the petition an d she said "no." She stated that at that point Respondent stated on the record that W illis has nOt signed the schedu les and petition he filed for her. Respondent responded that he had many meetings with Willis; thar he or his Staff exp lained everythin g to Willis the law required to be explained and answe red her questions to the best of their ability; that it was ex plained and she agreed that she did not want a Chaprer 7 or 11 petition filed due to the ongo in g nature of her business and her claimed equ ities therein; thar she consisten tl y fai led to produce requested informarion and documentation; that she provided Res pondent and hi s staff inaccurate info rm ation ; that she refused to sign petitions; that Willis demanded a Chapter 13 petition be filed . in Respondent' s abse nce. due to an impending foreclosure against Willis, and a "skeletaJ" petition was filed ; and that Willis demanded Respondent's para-legal. in Respondent's absence, file a conversion for Willis from C hapter 13 to Chapter 7 on july 25, 2005. CHARLES R. KARR, Bar No. 68027, of Fort Sm ith. Arkan sas, was cautio ned and fined $250 by Co mmittee Findings & Order filed April 4, 2006, on a omplaint filed by Dora G illean in Case No. 2005143, for vio lation of Model Rule 1.1. Ms. G illean fil ed a grievance against Mr. Karr and another lawyer allegi ng they did not properly handle the case after they were hired for a wrongful death action involving neglecr in a nursing home. The lawsuit was dismissed because the wrong parey was sued and the case was filed in the wro ng stare. The attorneys sued the hospital rather than the nursi ng home. and they allowed the statute of limitations to run before they advised their clients of the problems with the case. The specific 1. 1 conduct found by the Panel to have occu rred was Karr's failure

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www.dod.mil/dfas/militaryoay Vol. 41No. 3/Surnrner 2006 n,e Arkansas Lawyer

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Lawyer Disciplinary Actions to open probate of the Olen G illea n esrarc and have a perso nal rep resentarive appointed to purse rhe wrongful dea th action. When di scovery revealed that he had not brought rhe suit in the names of all dececlenr's heirs at law, as defined by Arkansas law, (a half-s ister was om itted ), a motion ro dismi ss on this basis was filed and gramed, and the suir filed was deemed a nullity. MARK A. SEXTON, Bar No. 98 152, of Little Rock, Arkansas, was caUli o ned and fin ed $ 1,500.00 by Co mmittee Co nsent Findings & Order fil ed March 22, 2006, on a Judi cial Complainr by Circuit Judge M ichael Fitzhugh of Fort Smith in Case No. 2005-092, for vio lations of Model Rul es 3.4(c) and 8.4(d). On Ocrober 2 \, 2004, Mark A Sexton, or so meone on his behalf, forwarded [Q rhe Sebastian County Circuit Clerk's Office a co mplaint and summons in rh e case of Ca pital O ne Bank v. Ti mothy M. Harrzig. D eputy Sheri ff Ron Morris received the documems for se rvice but was unabl e to perfect service and noted that faCt o n the re[Urn in the borrom left co rner of the Summons, as "unable to serve bad address." The return with the nore written on ir was given to the C lerk 's Office for filing. O n January 25, 2005, Mr. Sexton sem a letter to the Court with a proposed Default Judgm enr and advised the Co urt that he had contacted the C lerk's office and that service had bee n m ade o n th e Defendant. Before e!Hering the Default Judgment, Judge Fi tzhugh reviewed the Clerk 's file and noriced that the return of service submitted by Mr. Sexton did not match the original return of se rvice in the C lerk's file, because although the Sheriffs original return of servi ce indicated that service o n the defendant had been obta ined, it

also had hand-wrirren on the bo[[o m "unable [Q serve" and the document provided to Judge Fitzh ugh did not co ntai n that nO[3tion. Judge Fitzhugh set the matter for a hearing and instructed that Mr. Sexton appea r and bring anyone in his office who dealt with the docum ents to explain the diffe rence. Mr. Sex ron appeared and brought an affidavit of a firm employee, but nO[ th e employee. Judge Fitzhugh took rh e testi mony of several individuals, with no o ne being ab le co determ ine how or where th e return ca me to be alte red. Mr. Sexton supplied the copy of the Return of Service that was in his fil e - that being the altered documem - which did not show any evidence of alteration. Judge Fitzhugh did find that Mr. Sexcon violated the directive of the Court by not bringi ng the employee who handled rhe matter with him to the hearing. The Co mmittee held that Mr. Sexton's fai lure to be diligent enough to be certain that service had been perfected on Timothy Harrzig and his conduct in providing, or aJlowing to be provided, to th e Court an altered return of service crea ted the need for an additional hea ring and proceedings before Judge Fir:zhugh in the matter. STEVEN R. SM ITH, Bar No. 911 77, of Little Rock, Arkansas, was ca utioned by Co mmittee Findings & Order filed June 20,2006, on a Trust Account Complaint in Case No. 2006-03 1, for violations of Arkansas Rule 1.15 (a)(I). On January 18, 2006, Respondent Smirh issued his trust account check to pay the rent deposit on his new office, causin g a negative truSt accou m balance and an overdraft notification to OPC . T he same day he issued a truSt account check to buy an office fil e cabinet. On January 23, 2006, he issued a

rrusr account check to pay a diem's medical bill, and payment of the check by his bank caused a nega tive $154.77 trust account balance. Respondent received a $ 140.00 fil ing fee check from a dienr o n November 11 ,2005. failed to timely deposit same into his reusr accounr, and paid her filing fee with a trust accou nr check that had to have been pa id wi th trust funds of oc her dients. JAM ES W. STANLEY, JR. , Bar No. 75125, of North Little Rock, Arkansas, was cautioned and fined $ 1,500.00 by Committee Findings & Order filed April 3, 2006, on a Supreme Court Per Curiam Order in Case No. 2006-006, for violations of Model Rul es 1.3 and 8.4(d). Respondent Stanley failed [Q obtai n a timely extension to lodge his diem's Uose Lugo) record in a civil appeal, and had co file a mocion for rule on th e clerk, which was denied April 22, 2004. His d ient lost all righr to an appeal. _

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Brandon C. Robinson

Vol. 41 No. 31Surlllncr 2006

n,C Arkansas la"Yer

111 Memoriam

Comminee. He was a Sustaining Fellow of the Arkansas Bar Foundation, a Susraining meber of rhe the Assucialiull, a member of rhe American Law Insritute and a former Academic Fellow of the American College of Trust and Estate Counsel. His love fo r the Arkansas Ba r Associat ion and the Arkansas Bar Foundation ultimatcIy manifested itself by his painstaking and ca refu lly written hisrory of the Arkansas Bar in his most recenr authored work, Old Seeds

lh~

New

Land: A History and Bar ofArkansas. Among his other significanr writing endeavo rs was ed iting rhe 1998 Arkansas Bar Association Form Book for Practilion~rs. In a recenr tribute ro Dr. Wright, Philip S. Anderson , a friend of more than fifty years and a former presidenr of rhe American Bar Association, said: R~miniscmus oftile

DR. ROBERT Ross WRIGHT III

Dr. Robert Ross Wright Ill, of Little Rock died June 4, 2006. He was 74. Dr. Wright received a B.A. degree from th e Uni vers ity of Arkansas, a M.A. degree from Duke Ulliversiry. J.D. degree from the University of Arkansas School of Law and a S.J .D. from the University of Wisconsin. Dr. Wright distinguished himself in service to the practice oflaw at every level. Anee starring as a private practitioner in Forrest City. his legal cafeer turned (0 academia where he became onc of rhe national t:xpt:n~ on land use law, once serving on the Lirtle Rock Planning Commission. He served as a Professo r of Law and ultimately held the chair as the Donaghey Disringuish ed Professor of Law at rhe UALR Wi lliam H. Bowen School of L'lw. Dr. Wright served borh rhe American Bar Association and Arkansas Bar Association in a number of capacities over the ycars. He was Chair of the General Practice, Solo and Small Practitioners Section and a former member of the House of Delegates of the American Bar Association. He served his srare bar as a member of the House of Delegates and Executive Counci l. He received rhe C.E. Ransick Award of Excellence in recognition of his extraordinary service to [he legal profession in 2002 and the Go lden Gavel award in 1989 for his work as chair of the Arkansas Fo rm Book 44 TIle Arbns<Js l..a\.\j-'cr

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Bob was a true scholar, and he was a pro li fic writer. His fac ili ty in writing was demonstrated in the study guides and casebooks thar he wrore as a law professor. Bob was a law professor of the old school, and the discipline and rigor that he demanded of his Students madc them bener lawyers. He demanded no more of his studenrs rhan he demanded of himself, bur rhar was a lor. Bob was also great fun. He was a raco nteur with a deep reservoir of anecdotes. srories and tall tal es that endeared him to his colleagues in Arkansas and arou nd the counrry. H e was recognized for his leadership abiliries from his college days to the end of his life. He enriched the life of everyone who knew him. Dr. \'V'righr is survived by his wife, Un ited Stares Districe Jud ge Susan Webber Wright; four children, Robert Wright, IV, John Wright, David Wright and Robin Wrighr, and four grandch ildren, and o ne grear-gra nd child.

GEORGE " J ElTY" STEEL

George "Jcrry" Sreel of Nashville died March 13, 2006. H e was 89. Steel graduated from the Unive rsity of Arkan ..s School of Law in 1940. Steel actively practiced law in Nashville fo r 67 years and at' the time of his death was a partner with Steel and Steel Law Firm. He was a longtime member of the Arkansas Bar Association, where he served on the Uniform Laws Comminee. Seed served as city anorney of ashvil1e, prosecuting attorney of the inth Judicial C ircuit of Arkansas. and circllit judge of rh e imh Judicial Circuit of Arkansas. He was a member of the Arkansas State Police Commission; the Arkansas State Racing Commission; he served on the Board of Directors of Nashville Federal Savings and Loan Association and the GN& A Railroad. H e was an Arkansas delegate to the 1956 and 1960 Democratic Nat ional Conventio ns. " In my opinion , the legal profession has lost one of its giants, he was a pillar of the community and highly regarded as a lawyer," said Immediare Past-Presidem A. Glenn Vasser in an obituary in the Nashville N~ws.

According ro the same obituary, "Jerty had a thriving private practice and was well known throughour rhe Stare. W ith his brothers, Bobby Steel, who was a state representative and circuit judge, and Don Steel, who was also a srare representative and circui t judge, Jetry helped make me name Steel synonymous with the law and couns in sou thwesr Arkansas." He is survived by his son, George Steel, Jr.; his daughter Donna Kay Steel Yeargan; four grand ch ildren and twO great-grandchildren. J UDGE EDWARD STACY MADDOX

Judge Edward Stacy Maddox of Harrisburg died May 19, 2006. He was 95. " From the time of his admission to the Bar, Edward Maddox practiced law in

In Memoriam

Harrisburg, at first alone, then with his father H.P. Maddox and l.M. Greer and later with Greer and Louis Collier," acco rding to an obituary in the JUIII"'s6uro SIIII. He owned the roinse rt Co unty Abstract Company and se rved as presidenr of the Arkansas Land and Title Association. Judge Maddox served as circuit judge of the Second Judi cial Distri ct, muni cipal judge of H arrisb urg, municipal judge for the city of Trumann, and juvenile judge of Po insett County. He served as mayor of Harrisburg in 1937. Judge Maddox was a longtime member of the Arkansas Bar Association and a Fellow of the Arkansas Bar Foundation. He served as presidenr of the Poinsett County Bar Association, se rved on the Arkansas Supreme Court Bar Rules o mmittee, and was admitted to practice before the United States Supreme Court. He was active in num ero us civic and church groups during his lifetime. He was a member of the First Baptist C hurch, Harrisburg Rotary C lub, and se rved on the board of trustees of Williams Baptist College. He received Ho norary Doctor of Law degrees from Wi ll iams Baptisr College and Ouachita Baptist University. Judge Maddox is survived by his daughters Doris Maddox and Karen M. Witt; six gra ndchildren; and eight grea t-grandchildren. FRANCIS LEWIS " L EW" STEEN KEN III

Francis Lewis "Lew" Steenken II I of Humsville and Fayetteville died May 5. 2006. He was 57. Steen ken was a self-empl oyed attorney as well as a licensed land surveyor. He was a member of th e Arkansas Bar Associarion and th e Arkansas Sociery of Profess ion al Surveyors. He is survived by hi s mo ther, Kathleen Parker Brady; his wife Daby Sue Steenken; his daughter. El izabeth Caswell "Casey" Rodgers; hi s so n, Adam Kimball Steen ken; and stepso ns, Gus Sto ur and Kevin Snell.

He was a graduate of Swain M il itary Academy and he earned a B.A. degree from the Universiry of Arkansas, and a juris docwrate deg ree from rhe Un iversity of Arkansas School of Law. He served in the U.S. Marine Corps during World War II , beca me a Captain, and was a pil ot during the C hina and South Pacifi c campaign s. He was a partner with what was then th e firm of House, Holm es and Jewel befo re forming his own law firm. ÂŤHis passion was the law and he was a practicing attorney at rh e time of his death ," according to an obituary in the ArknllJaJ D~fllocmt-Cllzetl~

PAUL EDWARD HARRISON

Paul Edward Harriso n of Little Rock died April 20. 2006. He was 54. Harrison graduated magna cum laude from the University of Arkansas at Little Rock and with honors from the University of Arkansas at Linle Rock School of Law. He practiced law with what is now McMath \Vood law firm in Little Rock until December 2005, when he set out o n a solo practice in North Little Rock. He was a mem ber of the Arkansas Bar Association, where he served on the Tort Law and \Vorkers Co mpensa tion Section. He was a member of the Am erican Bar Association. the Hen ry Woods Inn of Co un, the American Board of Trial Advocates, and the Arkansas Trial Lawyers Association, where he served as pres ident. " Paul was recogognized as a gifted erial lawye r by his pee rs," according to an obituary in the Arkollsm-Dt'nlocml GlZZt'ru. For all his adu lt life, Paul was a zealous advoca re for his diencs an d those in need. " He is survived by his mother, Frances H arrison; his wife, Eilee n Harriso n; his daughters, Lauren Blackwood and Haley Huirt; his so ns, Ell iott and Aaron Harriso n; and [wo grandchildren. CHARLES J AMES L INCOLN II

C harles James Lincoln 11 of Little Rock died May 8. 2006. H e was 84.

He was a longtime member of rhe Arkansas Bar Association, where he served on the Labor and Employment Law Section, Taxation Law Section, Appellate Practice Committee. and C ivil Procedure Co mmittee. He was a member of the American Bar Association, the Arkansas Tria l Lawyers Associat ion, and the Transportarion Lawyers Association. He was admined to practice before the United States Supreme Court as well as various state and federal Courts. H e is survived by his wife. Jean B. Lincoln; so ns, Charles K. Lin coln 11 . Major Jamers M .e. Lincoln. Ivy G. Linco ln; and stepson James Porte r.

R OBERT " B OB" E. jO HNSON

Robert "Bob" E. Johnso n. forme rly of Fore Smith, died December I , 2005

111

Dallas. He was 81. Johnson served as chi ef assistant aetorney for the Western Districr of Arkansas. He was a member of the Arkansas

Bar

Association where he served on various co mmittees. He was admirred to the Arkansas Bar in 1946. He entered the armed forces in 1948 and was awarded the bro nze star in 1952. Johnso n is survived by his children, Dr. Mary Helen Fagan. Stacy Ringer and Laura Johnso n; and one grandson.

Vol. 41 No. :VSurnrner 2006

TIle Arkansas Lm'Yer

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The Arkmu4S Bar FomulAtioll acknowledges with grateful appreciation the receipt of the followhlg memorial, hOllorarium and scholarship c01ltributions during the period March 1, 2006 through June 28, 2006:

IN MEMORY OF PAUL E. HARRISO N Stephen Engstro m

Judge Audrey Evans Judith Gray Judge Robin L. Mays Edward T. Oglesby Fred S. Ursery

William A. Martin

Judge Robin L. Mays Stacey McCotd Pegge Merkel Maurice and Betty Mitchell

Cheryl Nelson Christa Newburg

Edward T. Oglesby Ranko. Philip and Kunky Oliver

IN MEMORY OF RJ C HARD JACKSON Dennis and Jane Shackleford

Tom and Wyma Pearso n

IN MEMORY OF JUDGE BERNICE KI ZER

Mrs. Fred W. Peel Don Pfeifer

Judge and Mrs. Robert Dudley

IN MEMORY OF LELAND LEATHERMAN Judge and Mrs. Robert Dudley IN MEMORY OF C HARLES J. LINCOLN III David M. Hargis IN M EMORY OF RJ C HARD LIPPARD Judges Paul and Eliza beth Danielson IN MEMORY OF ELTON A. RJEVES. IV Judge and Mrs. Robert Dudley IN MEMORY OF SUZANNE THOMPSON Fred Ursery

George N. Pl asti ras Eugenia Power Roscopf & Roscopf. P.A.

Dennis and Jane Shackleford O. H. Srorey. III Jud ge John and Marierta Srroud U. S. District Court - District of Minn esota Employees of U. S. Probation and Pretrial Services Office

Fred S. Ursery Garland Waclingron Charles B. Whiteside. III Welch & Kitchens. LLC Carolyn B. Wirherspoon W itsell , Evans & Rasco Mr. and Mrs. H. David Young MEMORIAL GIFTS

IN MEMORY OF JAY TOLLEY Jud ge James Mixon

Please remember the Arkansas Bar Foundation when you chose to make a memoriaJ gift honoring a fam ily member, a colleague or a friend of the profession. Acknowledgmcms arc

IN MEMORY OF DR. ROBERT R. WRJGHT. III Judy Ammons Nancy and Robert Bailey IUchard Bartey William H. Bowen Mary Currie

sem by the Foundation

the fami ly advising them of the

contribution. The Arkansas Bar Foundation also receives and acknowledges gifts honoring individuaJs for a speciaJ evem in their lives. Gifts to the Fo undation are deductible for federal inco me tax purposes and support the Foundatio n's wo rk in making

Judge Robert and Ann Dawso n J. c. "Jack" De.1con

scholarship funds available fo r law students, aiding in educa~

Judge Audrey and Don Evans Catherine Fic.ld Friday. Eldredge & C lark

thac ass ist in improving and f.1ci litating the administration of

tion of th e public about legal matters, supponing projects justice and fund ing other law-related charitable efforts. Contributions may be sem directly to the Arkansas Bar

John and Marjem G ill Judirh Gray David M. Hargis

family member to whom acknowledgments should be senr.

Elaine Hinson

375-4606 or (800) 609-5668 fo r further informarion.

Hyden. Miron & Foscer PLLC Kaplan. Brewe r, Maxey & Haral son, P.A. Mrs. Cherry H. Light

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