Whenyou need abank thatoffers professionalism to professionals,call

-We've known for a long time that attorneysselect a trust department for two very simplereasons. First, they want to be known andappreciated. And second, they want, in factthey expect, a maximum of service for aminimum of inconvenience. This is why wehave always been concerned with offering ourclients good service and good treatment. Butwe think being good is not enough. Therefore,we have made a commitment, not just tobecome better, but to be the best.And that's what we mean when we say we areThe Trust Bank. It is our continuing effortto be simply, The Best.

Commercial National Of LittleRock

October 1980Vol. 14, No.4

This IssueLast In1980 Series

THE OFFICIAL PUBLICA liONOF THE

ARKANSAS BAR ASSOCIA liON

OFFICERSPhillip Carroll, PresidentJames Cypert. President-Elect

EXECUTIVE COUNCILDennis ShacklefordClint HueyWebster L. HubbellGus B. Walton, Jr.David R. MaloneThomas D. LedbetterRobert G. SerioLeRoy FromanFloyd Thomas, Jr.Charles CarpenterD. Mac GloverTommy Womack

EX-OFFICIOPhillip CarrollJames CypertE. Harley Cox, Jr.Don M. SchnipperHerschel H. FridayLouis B. Jones

EDITORC. E. Ransick

EDITORIAL COMMITTEERobert T. DawsonE. Alvin SchayCyril Hollingsworth

~

ArkansasLawyer

SPECIAL FEATURESThe Judicial Article of the Proposed

1980 Constitution Robert K. Walsh 206The Jones Act Remedy .......•.•.•......James A. George 172Law School Revisited Wayne Boyce 198Tax Incentives for

Historic Properly .............•......H. Lawrence Yancey 178On the Courthouse Square

A Book Review Robert S. McCord 208Photo Highlights-Annual Meeting 200Organizational Directories 1980-81 ..................•..... 189Fall Legal Institute. . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . • . • . . . .. 188

REGULAR FEATURESPresident's Report Phillip Carroll 170Juris Dictum 210Legal Economics .....•.......•.•.•.•.•.•.. . . . . . . . . . . . . .. 184Law School News 186Oyez-Oyez Carol Utley 212In Memoriam 202Executive Council Notes ....•.................W. C. Barrier 177Service Directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 209Lawyer's Mart .......•.....•...•....................... I.B.C.Addenda C. E. Ransick 215Context W. Christopher Barrier 182AICLE News Claibourne W. Pally, Jr. 204The Arkansas Bar Foundation Sidney H. McCollum 197Advising Innovators .............•.......Robert R. Keegan 176Professional Ethics 214Tax Tips Paul D. Williams 171

The Arkansas Lawyer (USPS 546-040) is published quarterly by the Arkansas BarAssociation, 400 West Markham, Little Rock, Arkansas 72201. second classpostage paid at Uttle Rock, Arkansas. Subscription price to non-members of theArkansas Bar Association $6.00 per year and to members $3.00 per year includedin annual dues. Any opinion expressed herein is that of the author, and notnecessarily that of the Arkansas Bar Association, The Arkansas Lawyer, or theEditorial Committee. Contributions to The Arkansas Lawyer are welcome andshould be sent in two copies to the Arkansas Bar Center, 400 West Markham, LittleRock, Arkansas 72201.

All inquiries regarding advertising should be sent to The Arkansas Lawyer,above address.

October 19BO/Arkansas Lawyer/169

PRESIDENT'S REPORTby PHILLIP CARROLL

ARKANSAS BAR ASSOCIATION LEGISLATIVE PACKAGE

The forthcoming meeting of the Arkansas General As­sembly in January, 1981 offers the Bar an opportunity tosuggest reforms and clarifications of the law. Several of thebills that will be sponsored by the Association will be ofinterest to the membership. Examination of the Bar "pack­age" will quickly reveal that these bills are not just to protectthe selfish interests of lawyers, but are for the public good.The program should help combat recent criticism that BarAssociations serve only the interests of the wealthy andpowerful. All members of the Arkansas Bar Association areinvited to suggest legislation to be sponsored.

DISCLAIMER OF PROPERTY INTERESTS ACT. TheTaxation Trust & Estate Planning Section has proposed amodification of the Uniform Act to replace Act 457 of 1973.The new Act will provide for a disclaimer of property interestspassing under a non-testamentary document and conformto 26 U.S.C. §2518 (1976).

UNIFORM TRADE SECRETS ACT. This newly draftedUniform Act codifies common law trade secret protection,creates a single statute of limitations for the various theoriesof liability and codifies the results of the better reasonedcases concerning remedies for trade secret misappropria­tion.

UNIFORM DURABLE POWER OF ATIORNEY ACT.This Act replaces Acts 61 of 1965 and 253 of 1975 whichlimit the amount of property that may be governed by non­court regimes after incompetency or disability. It will au­thorize a power of attorney that will remain effective in spiteof the maker's later incompetency. It will also validate post­mortem exercise of authority by agents who act in good faithand without actual knowledge of the principal's death.

ARKANSAS ANTITRUST ACT. This Act, drafted by theAnti-trust & Trade Regulations Committee and representa­170/Arkansas Lawyer/October 1980

tives of the Attorney General will provide state court rem­edies for contracts, combinations or conspiracies in restraintof trade or the establishment, maintenance or use ofmonopolies over trade or commerce for the purpose ofexcluding competition <lr controlling, fixing, or maintainingprices.

THE "LEE MARVIN" ACT. The purpose of this Act is tocreate a statute of frauds with regard to a contract affectingthe property and financial relations of a man and womanwho live together in a sexual relationship when not legallymarried. Its purpose is to prevent fraudulent claims or claimsthat are impossible of accurate determination, and to avoidlong and expensive trials that clog court calendars.

THE RESIDENTIAL LANDLORD AND TENANT ACT.This is a substantially modified version of the Uniform Actdrafted by the Real Estate Law Committee. It provides sub­stantial protection for both tenants and landlords andperhaps may serve as a middle-ground that will be acceptedby the Legislature in this highly controversial area.

UNIFORM COMPARATIVE FAULT ACT. I have askedthe Jurisprudence and Law Reform Committee (chaired byTerry Kirkpatrick of Fayetteville) to make a recommendationas to whether the Bar should sponsor this Act. The issuemay be ready for submission to the House of Delegates onSeptember 20. Trial lawyers should study the Act and for­ward their recommendations to members of the House ofDelegates as soon as possible. Interested persons shouldread Dean John W. Wade's article in Volume XIV, No.3,Winter 1979 issue of The Forum published by the Section ofInsurance, Negligence and Compensation Law of theAmerican Bar Association, p. 379. The Act would returnArkansas to the pure form of comparative fault. In case of acounterclaim, the judgments are set off. But to the extentthat the benefit of a set-off inures to the benefit of an insur­ance carrier instead of the insured, the carrier holds thatamount for the benefit of its insured.

AMENDMENT TO ARK. STAT. §60-412-CONTRACTSCONCERNING SUCCESSION. This proposal by the Pro­bate Law Committee is to insure that a contract to make awill is specified in writing and that the execution of a joint ormutual will does not create a presumption of a contract not torevoke the will or wills.

TAX TIPSby Paul D. Williams

Director, Little Rock DistrictInternal Revenue Service

UNPROBATED WILL AS EVIDENCE OF A DEVISE.This Act proposed by the Probate Law Committee providesthat an unprobated will may be admitted as evidence of adevise if no probate proceeding has occurred and the de­visee possessed the property in accordance with the will orthe property was not possessed or claimed by anyone byvirtue of the decedent's title during the time period for tes­tacy proceedings.

PAYMENT OF DEBTS TO FOREIGN PERSONALREPRESENTATIVES WITHOUT LOCAL ADMINISTRA­TION_ This Act authorizes the payment of debts or surrenderof possession of personal property to foreign personal rep­resentatives without the requirement of local administration.Payment or delivery is not authorized if a resident creditor ofthe nonresident decedent has notified the debtor that pay­ment or delivery of property should not be made.

SERVICE OF NOTICE IN PROBATE MATTERS_ ThisAct amends Ark. Stat. §62-2012(c) to allow the clerk or theattorney of record in a probate proceeding to post notices byregistered or certified mail.

REPLEVIN ACT. This is a comprehensive Replevin Actdesigned to replace all existing replevin statutes and bringArkansas into accord with Sniadach, Fuentes, Mitchelland North Georgia. See Nickles, Creditors ProvisionalRemedies and Debtors' Due Process Rights, 31 Ark. LawRev. 607 (1978).

ANTENUPTIAL CONTRACTS. This statute, modeledafter a Minnesota statute, would validate antenuptial con­tracts where there was (a) full and fair disclosure of theearnings and property of each party, and (b) the parties havehad an opportunity to consult with legal counsel of their ownchoice.

Several revisions to the law relating to the division ofproperty in divorce cases have been proposed by the FamilyLaw Section but have not yet been approved by the Juris­prudence and Law Reform Committee.

James R. Rhodes, III has been retained to act as lobbyistfor the. Association during the forthcoming session. Joe D.Bell will serve as Chairman of the Legislation Committeewhich is charged with the responsibility for pushing Barsponsored legislation and serving as a "watchdog" overlegislation which affects lawyers and the courts and which isnot in the best interests of the people of Arkansas.~

Undelivered refund checks for some Arkansastaxpayers are waiting to be claimed. Many of thesechecks remain undelivered because taxpayers havemoved and left no forwarding address with the U.S.Postal Service. If any of you have clients who filedtimely and still have not received their 1979 tax re­funds, you should advise them to contact our IRSoffices. We also can assist in tracing lost or stolenchecks. As in the past, it is important in all refundinquiries for your client to be able to provide namesand addresses as they appear on the return, theactual names and addresses if different, the socialsecurity numbers, and the types of forms filed. And, ifyou are checking information on a clients return, wemust have a power of attorney on file with the AustinService Center or a written authorization from yourclient. Frequently, an undelivered refund check canbe reissued in 4-6 weeks.

The tax year for Form 2290, Highway Use TaxReturn, and Form 4638, Federal Use Tax Return onCivil Aircraft, began again July 1, 1980.

The Bankruptcy Reform Act of 1978 went into ef­fect on October 1, 1979, and its provisions have had amajor impact on IRS procedures for dealing withbankruptcy cases. There are several things you cando when representing a debtor in bankruptcy that willbe of assistance to the debtor and to the InternalRevenue Service.

1. Be sure to include the debtors social securitynumber and all employer identification num­bers of proprietorships or partnerships of thedebtor in the bankruptcy petition.

2. In your initial interview, be sure to ask thedebtor about any Federal tax returns that havenot been filed and assist him/her in getting thereturns filed so a timely proof of claim can befiled by IRS. A Chapter 11 or 13 plan cannot beconfirmed without all returns being filed.

3. If the debtor has been in contact with an IRSrevenue officer or the Austin Service Center,call Chyrel McCaa of the Special ProceduresStaff, at 378-5967 or toll-free 1-800-482-9350,Ext. 5967, immediately after the petition isfiled and she will see that collection action isstopped in accordance with the automatic stayprovisions of the new Act.

4. In preparing a plan in either a Chapter 11 or 13proceeding, be certain provisions are madefor payment of taxes that will accrue during thelife of the plan.

October 1980/Arkansas Lawyer/l?1

THE JONES ACT REMEDY-A REVIEW

OF RECENT DEVELOPMENTS AFFECTING

SEAMEN'S ACTIONS-INLAND AND OFFSHORE

By James A. George

Significant changes in the law affect­ing seamen's remedies have beenwrought by recent decisions and it willbe the objective of this paper to brieflydiscuss the effect of those decisionsupon the Jones Act remedy.

DECISIONS AFFECTINGJONES ACT STATUS

In 1903, in its landmark decision,The Osceola,' the United States Su­preme Court held that a seaman couldnot recover from his employer for injur­ies caused by the negiigence of a fel­low crewman. In 1920, Congress over­ruled the Supreme Court and passedthe Jones Act, giving seamen a causeof action against their employers for thenegligence of the vessel's officers andcrew. The Jones Act, 46 U.S.C. §688,specifically incorporates the provisionsof the Federal Employers' Liability Act(FELA),' which gives a right to railroademployees to recover from theiremployers for the negligence of a fel­low servant.

1. What is a vessel?Offshore Co. v. RObison,' the oft­

cited 1959 decision of the Fifth CircuitCourt of Appeals set the guidelines bywhich seaman's status is determined.In order to have the special status of"seaman" an employee must have amore or less permanent attachment to

his vessel, or perform SUbstantially allhis duties aboard the vessel, and per­form duties which aid the vessel's mis­sion, or contribute to the function of thevessel or to its maintenance at sea oranchorage.' In addition, the workermust be employed aboard a vessel innavigation before he can be a seamanunder the Robison test. A "vessel" hasbeen defined as " ...every descriptionof watercraft or other artificial contri­vance used, or capable of being used,as a means of transportation on wa­ter.'" A vessel for purposes of TheJones Act is not necessarily a vesselfor other purposes, such as for pur­poses of an insurance contract.' Therequirement that a vessel be "in navi­gation" effectively eliminates shipswhich are "mothballed",' or under­going extensive reconstruction' fromconsideration as vessels in navigation.

The Fifth Circuit, after consistentlyholding that a wide variety of submer­sible drilling rigs, oil storage facilities,and other devices' could be con­sidered vessels in navigation, has ap­parently reversed its attitude on thisquestion. In Blanchard v. Engine GasCompression service,"the Fifth Cir­cuit held that submerged barges, oneof which had not been moved in twentyyears, and which carried no navigationlights, equipment, or lifesaving gear,and which were not registered with the

Coast Guard, were not vessels withinthe meaning of the Jones Act. "Mereflotation on water" was not enough toconstitute a vessel, in the Court's opin­ion. 11

The apparent trend begun by theFifth Circuit in Blanchard toward amore restrictive interpretation of theterm "vessel" continued in the case ofLeonard v. Exxon," in which theUnited States District Court for theMiddle District of Louisiana had heldthat a floating construction platformmoored to the bank of the MississippiRiver near·Baton Rouge was not a ves­sel. The Fifth Circuit affirmed, holdingthat a floating device neither designedfor navigation nor engaged in naviga­tion at the time of the accident was, as amatter of law, not a vessel under theJones Act. A vigorous dissenting opin­ion filed by Judge Godbold noted theapparent departure from previous rul­ings represented by the majority opin­ion.

2. Who are seamen?Offshore Co. v. Robison did not

signal the end of the riddle "who areseamen?"-it was only the beginning.The Courts have been very liberal inextending the protection of the JonesAct to all classes of maritime workersemployed aboard vessels. Two ex-

EDITOR'S NOTE: This is the third and final article in the maritime lawseries prepared by James A. George. "Pleasure Boats, Swimmers andWater Skiers-Recreational Accidents on Navigable Inland Waters" and"A Brief Review of the Law Governing Maritime Wrongful Death ActionsOccuring on Inland Waters" appeared in the October 1979 and April1980 issues of The Arkansas Lawyer, respectively. These articles are"musts" in a proctor's law library. Mr. George of Baton Rouge is a notedtrial lawyer and expert in maritime law matters. We thank him for theprivilege of printing his articles in The Arkansas Lawyer.

172/Arkansas Lawyer/October 1980

tremely important decisions of the FifthCircuit illustrate that Court's liberal atti­tude in applying the Jones Act, and itsliberal attitude towards the elements ofJones Act status as they are set forth inOffshore Co. v. Robison.

In Davis v. Hill Engineering, Inc.,"the Fifth Circuit extended coverage ofthe Jones Act to a welder employed byHill Engineering, Inc. In a case wherethe plaintiff was hired as a welder'shelper to assist in the fabrication ofpipe, the loading and unloading offabricated structures onto a barge, andthe assembly of the structures on plat­forms. The fabrication was done on thebank of the Intracoastal Canal nearHouma, Louisiana. When the onshorephase of the operation was completed,the Hill employees, including the plain­tiff, boarded the barges for the journeyto the fixed platform in the Gulf ofMexico. On the trip, the plaintiff helpedto wash down the barge on which hewas travelling, and he continued to as­sist and secure the equipment and ma­terials to the barge. He also welded twocracks in the deck of the barge at therequest of the barge superintendent.

The Fifth Circuit concluded that theplaintiff was permanently assigned tothe vessel in that he ate and slept onthe vessel, assisted in loading and un­loading the vessel, and helped repairthe vessel at the request of the bargesuperintendent. The plaintiff was thussubjected to the "hazards of the sea","just as any ordinary member of thecrew of the barge would be. The Courtfurther found that the plaintiff's dutiescontributed to the mission of the barge,which it found to be a special purposevessel used to transport men andequipment from one location toanother.

The concept of seaman's status wasfurther expanded by the Fifth Circuit inits decision in Higginbotham v. MobilOil Corp." In Higginbotham, dece­dent, James Nation, was employed byMobil on a fixed drilling platform at thetime of his death, but the evidence indi­cated that he had spent much of histime during the two years prior to thatassignment working on submersibledrilling rigs, considered vessels forpurposes of the Jones Act.

The Court emphasized that the situsof work is not determinative of JonesAct status and observed that Mr. Na­tion, during the two years prior to hisdeath, had spent all but a small fractionof his time on submersible drilling rigs.

He had been assigned to the fixed plat­form only as a temporary replacementfor another platform worker, and everyindication was that his general patternof employment would not havechanged substantially in the future.The Fifth Circuit concluded, on thesefacts:

" ... the undisputed evidencerequires a finding that Nation wasa seaman despite intermittenttemporary assignments to fixedplatforms as the course of drillingoperations required.""

A recent decision of the Fifth Circuit,Longmire v. Sea Drilling Corpora­tion," has demonstrated a restrictiveview on the question of status of anoffshore worker whose duties includedassignments aboard a tender an­chored adjacent to a fixed drilling plat­form. In Longmire, the plaintiff was in­jured aboard the tender but the evi­dence indicated that his principalduties were performed on the drillingplatform. The Court noted that plaintiffhad clearly met the second part of theRobison test in that the work in whichhe was engaged at the time of his injurywas stowing the anchor chain as thevessel prepared to make weigh. How­ever the Court held that plaintiff had notproduced evidence tending to showthat he was permanently assigned tothe vessel in the following discussion:"

""'we are cognizant of ouracknowiedgement in Davis v. HillEngineering, Inc., supra, that 'theword "permanent" has neverbeen given a literal interpretationunder the Jones Act.' 549 F.2d at327. By his own admission, how­ever, Longmire had indicated thathis primary responsibilities con­cerned drilling operations on thedrilling rig and platform, and thatmost of his work aboard the ten­der was oniy incidental thereto.

Whether Longmire performeda substantial part of his work onthe tender is a harder question onthe facts of this case. We said inKeener v. Transworld DrillingCo., 468 F.2d 729, 732 (5th Cir.1972), that 'to meet the require­ment of Robison that the work­man "performed a substantialpart of his work on the vessel" itmust be shown that he performeda significant part of his workaboard the ship with at leastsome degree of regularity andcontinuity.' Thus the question ofsubstantiality comprehends more

than a mere quantitativeassessment of where the claim­ant spent the greater part of hisworking day. As we have alreadysaid, through, Longmire's pri­mary responsibilities concerneddrilling operations on the piat­form. Because of the symbioticrelationship between the tenderand the driliing platform in thiscase, Longmire's performance ofthose duties necessarily carriedhim onto the tender from time totime. In this regard the vessel wasno more than a storeroom orwarehouse in relation to the dril­ling platform, except for the factthat it was afloat rather than af­fixed to the seabed. Longmire'swork on the tender also occas­ionally involved general mainte­nance tasks, such as cleaningand painting. These tasks aboardthe tender, however, were as­signed to Longmire and others onthe drilling crew only when therewas nothing to do with respect tothe drilling operations.Longmire's assignment to thosetasks was irregular and fortui­tous, entirely dependent uponand subsidiary to the progress ofthe drilling operation. SeeKeener, 468 F.2d at 731; Owens,487 F.2d at 75.

This case involves an addi­tional complexity, however, inthat Longmire was injured whileactually working aboard the ten­der. In Keener we specifically re­served the question whether aclaimant's work aboard a vessel,which would otherwise be insuffi­cient to vest him with seaman'sstatus, would be 'sufficient to af­ford him seaman's status duringthe period of his occupation withthe tasks aboard the tender.' 468F.2d at 731. We now answer thatquestion in the negative. Theissue of an injured worker'sstatus as a seaman should beaddressed with reference to thenature and location of his occupa­tion taken as a whole. While it istrue that Longmire was injuredaboard a vessel while performinga task that would normally behandled by a member of theship's crew, he was assigned thattask when there was no drillingoperation as such in progress. Inpreparation for a move to anotherlocation, the drilling rig was dis-

continued on page 174October 1980/Arkansas Lawyer/173

Jones Act Remedy­continued from page 173

mantled and the tender wasabout to be towed by a tug toanother drilling platform. It canhardly be said that Longmire's in­cidental activities aboard thetender-maintenance, movingsupplies to and from the drillingplatform, and stowing the anchorchain-were sufficient, whenviewed in the context of his entireemployment as a member of thedrilling crew, to amount toperformance of 'a significant partof his work aboard the shipwith... some degree of regularityand continuity.' We therefore af­firm the district court's summaryjUdgment in favor of Sea Drillingon the issue of Longmire's sea­man status."Cases decided in recent years have

raised the issue whether the questionof status under the Jones Act may,under appropriate facts, be decided bythe Court as a matter of law and theFifth Circuit, in a case involving "sea­person"" status, decided such issuesneed not always be submitted to thejury but may be decided by the Court asa matter of law.

In Landry v. Amoco ProductionCompany," the District Court foundthat plaintiff spent 70% of her time invessel-related work activities as aroustabout assigned to a gas injectionsite operated by defendant which couldbe reached by boat only. Plaintiff wasinjured while jumping from one barge toanother barge falling into the water.The District Court found that the evi­dence established "(1) that the vesselswere in navigation; (2) that Mrs. Landryperformed a substantial part of herwork on vessels; and (3) that her workaboard the vessels contributed to thefunction of the vessels"" under theOffshore Company v. Robison test.Plaintiff moved for a directed verdict onthe issue of her status as a seamanunder the Jones Act after the close ofthe evidence in the case and the Dis­trict Court denied that Motion and sub­mitted the question to the jury. The juryfound that Mrs. Landry was not amember of the crew of the vessel andher case was dismissed. On plaintiff'sMotion for Judgment Notwithstandingthe Verdict, the District Court deniedthe Motion, feeling it was bound by thejury finding.

The Fifth Circuit, relying on theRobison rule and Holland v. AlliedStructural Steel," considered that174/Arkansas Lawyer/October 1980

"[t]he proper legal standard coupledwith undisputed facts showing plain­tiffs substantial work relating to ves­sels in navigation make clear that rea­sonable persons could not concludethat Mrs. Landry was not a seaman.""

The opinion of the Court emphasizedthat the question of whether a person isa seaman is ordinarily resolved by atrier of fact but that:

" ...the trial court may, none­theless, enter a directed verdictwhere the record demonstratesthat reasonable persons couldnot draw conflicting inferenceswhich might lead to a differentconclusion. Producers DrillingCo. v. Gray, 361 F.2d 432, 437(5th Cir. 1966); Porche v. GulfMississippi Marine Corporation,390 F.Supp. 624, 630-631 (ED.La. 1975). See Jenkins v. AquaticContractors & Engineers, 446F.2d 520, 521 (5th Cir. 1971). InProducers Drilling Co., supra, weaffirmed a directed verdict infavor of plaintiff's claim of sea­man status because there was'no room for conflicting infer­ences.' The district court inPorche granted plaintiff's motionfor directed verdict and foundseaman status for the decedentsince reasonable persons couldnot have found his activity to falloutside of the Offshore Companyv. Robison, test. In Jenkins,supra, summary judgment wasupheld by this Court because theonly rational inference to bedrawn from the evidence was thatplaintiff was a Jones Act sea-man."24A worker need not be connected with

one vessel in order to meet the re­quirements necessary for Jones Actstatus. In Braniff v. Jackson Ave.­Gretna Ferry, Inc.," the Fifth Circuitstated:

"The number of vessels in­volved might have some bearingon a jury determination that hewas or was not a seaman, but it issettled that he may be a memberof a crew of more than one ves­sel."

CONCLUSIONIn conclusion, it should be noted that

the recent decisions including Davis,Higginbotham, Landry and Long­mire, have not altered the well settledrule that persons only transitorilyaboard a vessel, those who perform asubstantial part of their duties on land,

and work aboard vessels only as anincident to their principal work, or thosewho deal irregularly with a number ofvessels, are not Jones Act seamen."Additionally it should be noted that aJones Act employer need not be thevessel owner, and that the injury neednot occur on the vessel in order to becompensable under the Jones Act."

Finally, this brief discussion has at­tempted to sketch, in bold relief, signifi­cant developments in the area of theJones Act remedy and it is hoped thatthis very basic discussion has illumi­nated some problem areas for futureand more probing analysis by thosemembers of the Arkansas Barwho maybe confronted with problems in thisfield.

FOOTNOTES

1. 189 u.s. 158 (1903)2. 45 U.S.C. 51-SO3. 266 F.2d 769 (5th Cir. 1959)4. Id.5. 1 U.S.C. 936. Dresser Industries v. Adellty & Gas. Co.

01 N.Y., 580 F.2d 806 (5th Gir. 1978); Westv. U.S., 361 U.S. 118,4 L.Ed.2d 161 (1959)

7. Roper v. U.S., 368 U.S. 20 (1961); Hawn v.American S.S. Co., 107 F.2d 999 (2nd Gir.1939);

8. Desper v. Starved Rock Ferry Co., 342U.S. 187 (1952); Seneca Washed GravelCorp. v. McManigal, 65 F.2d 779 (2nd Gir.1933); Producers Drilling Co. v. Gray, 361F.2d 432 (5th Gir. 1966)

9. Offshore Co. v. Robison, 266 F.2d 769 (5their. 1959); Hicks v. Ocean Drilling andExploration Co., 512 F.2d 432 (5th Gir.1975)

10. 575 F.2d 1140 (G.A. 5, 1978)11Id.at114312. 581 F.2d 522 (C.A. 5. 1978)13. 549 F.2d 314 (G.A. 5. 1977)14. Id at 32715. 545 F.2d 422 (G.A. 5, 1977)16. Id at 43317. 610 F.2d 1342 (G.A. 5. 1980)18. Id. at 1346-1347.19. Plaintiff, Glenda Landry, was a lady roust­

about and this author, mindful of being "inconformity with loday's ethos", Hardin.Workers' Compensation-An Underview,27 Louisiana Bar Journal 145 (1979), hasatlempted to use the correct terminology.

ZO. 595 F.2d 1070 (5th Gir. 1979)21. Id. at 107322. 539 F.2d 476 (5th Gir. 1976)23. 595 F.2d 1070, 107424. Id. at 107225. 280 F.2d 523 (5th Cir. 1980)26. Fazio v. Lykes Bros. S.S. Co., Inc., 567

F.2d 301 (5th Gir. 1978); Holland v. AlliedStructural Steel Co., Inc., 539 F.2d 476(5thCir. 1976); Owens v. Diamond M. Drill­Ing Co., 487 F.2d 74 (5th Gir. 1973)

27. Vincent v. Harvey Well Service, 441 F.2d146 (5th Cir. 1971); Webb v. Dresser In­dustries, 536 F.2d S03 (5th Cir. 1976);Landry v. Amoco Production Co., 595F.2d 1070 (G.A. 5, 1979); Guidry v. SouthLouisiana Contractors, Inc.• 614 F.2d 447(G.A. 5.1980).~

State Zip _

ON THECOURTHOUSE SQUARE

IN ARKANSASby JOHN PURIFOY GILL AND MARJEM JACKSON GILL

This photographic documentary highlights Arkansas' eight-five county courthouses now in use (including one under construc­tion). In addition, it identifies the eleven Un~ed States courthouses in Arkansas and the sixteen fonmer county and federalcourthouses still standing.

All 107 courthouses from the 1811 Wolf House in Baxter County to the 1980 Jefferson County Courthouse span Arkansashistory. The architectural styles of the buildings range from German Romanesque Rivival to Art Deco and include a style unique toArkansas: Arkansas Adamesque. Interior photographs and commentary include familiar features-the courthouse clock, a step upto the bar, clerk's seals and fallout shelters; as well as the unfamiliar-the reredos, a stile and county records written in Spanish.

_._ _ __.__ . _ __.. .__.._._._.tc::~..~!~2.eJ..e?!!~.!~~1 .._._._.._ _ _ _ __.__ .

ON THE COURTHOUSE SQUARE IN ARKANSAS

MJG Publications5100 Crestwood Dr.Little Rock, Ark. 72207

Please send me copies of On the Courthouse Square In Arkansas at $19.95 per copy plus $1.50 for postage andhandling.

Enclosed is $ _

Name _

AddressCity _

October 1980/Arkansas Lawyer/175

ADVISING INNOVATORSby Robert R. Keegan

Perils of Inventing

Benjamin Franklin once wrote "Onewould not, therefore, of all faculties orqualities of the mind, wish for a friend ora child that he should have that of in­vention. For his attempts to benefitmankind in that way, however well im­agined, if they do not succeed, exposehim, though very unjustly, to generalridicule and contempt; and if they dosucceed, to envy, robbery, and abuse".Letter to John Lining, March 18, 1755.

Ben Franklin would be disappointedtoday to see that notwithstanding thelong history of the patent system inencouraging inventors and invention,only rarely do inventors encounterimmediate reward and acclaim; it isfar more usual for their role to be besetwith difficulties.

The subject of this article is one ofthe greatest hazards facing the aver­age inventor, and it is not at all whatone would expect. His greatest risk isin falling into the hands of an "in­vention promoter".' Advertisementsof such invention promoters can befound in many magazines of masscirculation, particularly those with amechanical or technological orienta­tion.

Such ads do not seem unreasonableon their face because it stands toreason that there should be reputableorganizations to develop and promoteinventions of the average inventor fortheir mutual benefit. The fact of thematter is that there are virtually noorganizations who will develop andpromote the average Inventor'sinvention, and to the exlent that rep­utable invention development organi­zations exist, they do not advertise inthe mass communication media.

What then of the advertising whichone sees directed to inventors with rep­resentations such as:

176/Arkansas Lawyer/October 1980

IDEAS-INVENTIONSPatents Marketed-DevelopedManufacturer's RepresentativeU.S. Patent Office Searches

Send for Free Invention Certificates

INVENTORS! We will sell or licenseyour invention, either before you do, orwe Will pay you a cash bonus.

INVENTIONS, IDEAS, innovationswanted for cash sale or royalty com­pensation. Exclusive access to manu­facturer contacts. Send for FREE IN­VENTION INFORMATION KIT.

Ads such as the above can be readilyidentified as probable come-ons for aninvention promotion scam. It has beenestimated by the Federal Trade Com­mission that over a hundred milliondollars a year is extracted frominventors by fraudulent misrepre­sentations of invention promoters.

How does the scam operate? First ofall, there is advertising as exemplifiedabove from which the leads are ob­tained. Often a relatively small sum willbe requested at first for an evaluation ofthe invention in respect to patentability,marketability, ease of manufacture,etc. In fact, no realistic patentabilityevaluation is made although a few pa­tent cQpies from a more or less relevantpatent classification file may be pro­vided. There is no record of the in­vention promotion scam ever find­ing any submission, however ridicu­lous, to be unpatentable, impracti­cal, or unmarketable. All submissionsare, to a near certainty, going to makethe inventor millions of dollars-if heretains the services of the promoter todevelop, promote and license the in­vention. The usual cost quoted for

such services is more than$1,000.00, and sometimes substan­tially more. Hesitancy to fork over thissubstantial sum of money is overcomeby phone calls which pursuade the in·ventor that he (or she) would be literallythrowing away a fortune not to pro­ceed.

In fact the invention promoter has nointention of doing more than putting to­gether a very brief illustration and des­cription of the invention and sending afew dozen copies to a readily availablemailing list of manufacturing or market­ing companies.

A clever ploy of the invention pro­moter scam is to contract with the in­ventor that the invention promoter willalso get a small percentage (e.g. tenpercent) of any invention royalties ascompensation. This pursuades the in­ventor that the invention promoter'sorganization materially profits from asmall share of his clients' vast inventionroyalties or sales. In fact, the inven­tion promoter profits only by charg­ing one, two, or three thousand dol­lars for services which are worth vir­tually nothing and cost him perhaps$100.00. For example, in proceedingsagainst one Lawrence Peska, the re­cord shows that of 4,200 clients onlyseven received more back from royal­ties than they had paid to Peska forservices. The record in the RaymondLee Organization matter showed thatthe better than break-even inventorswere three out of 30,000.' Of coursewhen he can tap 30,000 inventorclients for about $1,000.00 each, alicensing success rate of .0001 will notdisturb the invention promoter toomUCh.

. Unfortunately, an attorney recogni­zing the scam for what it is will some­times be unable to convince a clientthat he is in all likelihood throwing hismoney away, and if in fact he receivesno services of value, there is no practi-

continued on page 177

EXECUTIVE COUNCIL NOTESby W. Christopher Barrier

Secretary-Treasurer

HOUSE OF DELEGATESHIGHLIGHTS

The principal business before theHouse of Delegates-rneeting at theAnnual Meeting in Hot Springs on June7, 1980,-was transition.

Outgoing President Harley Coxreported on and called for reports on anumber of matters of continuing inter­est to the Association, including,among others, the judicial poll,specialization, continuing legal educa­tion, the Arkansas Bar Center, the Ar­kansas Bar Foundation, and ethicaland pUblic service matters. Mr. Coxalso reported on the long-range plan­ning conference held at the Red AppleInn this spring and emphasized theneed for such sessions on a regularbasis.

The budget and financial data werereviewed and approved and newmembers accepted. A proposal for aspecial dues schedule for retiredmembers was deferred due definitionalproblems in determining when, in fact,a lawyer was "retired."

Looking to the future, the delegatesreviewed the Association's legislative

Advising Innovators,continued from page 176cal remedy which the lawyer can pro­vide (nor can anyone else). Some in­ventors will insist on falling prey to theinvention promotion scam no matterhow well warned.'

For readers who have not encount­ered potential victims of invention pro­moter fraud, hopefUlly the descriptionherein will make it more easily recog­nized when it is encountered. A charac­teristic of the procedure is that the"contract" is full of impressive lan­guage such as: Company agrees to...Conduct preliminary conceptual de­sign stUdies of the idea... prepare awritten report evaluating the market­ability of the idea/invention... preparea sales presentation portfolio for thepurposes of negotiating a sales or

package, some of which had to bedeferred for consideration by theExecutive Council at its August 23meeting.

New members of the House of Dele­gates were announced as well as newmembers of the Executive Council.Chris Barrier, of Little Rock, waselected Secretary-Treasurer of the As­sociation and President Phil Carrollannounced that Don Schnipper of HotSprings would serve as his ExecutiveCouncil Chairman.

Minutes Of A Meeting OfThe Executive Council

Arkansas Bar AssociationHot Springs, Arkansas

June 7,1980The Executive Council of the Arkan­

sas Bar Association met at the Ar­lington Hotel at 11 :00 a.m. on Satur­day, June 7, 1980. Present wereCouncil members, Louis B. Jones, Jr.,Tommy Womack, Floyd M. Thomas,Jr., David Malone, Mac Glover, Gus B.Walton, Jr., Charles L. Carpenter,Thomas D. Ledbetter, President PhillipCarroll, President-Elect Jimmy Cypert,Executive Council Chairman Donald

licensing agreement of the idea/in­vention.

Such a padded and vague descrip­tion of the services is followed by anumber of reservations, such as "thenumber and selection of manufactur­ers or distributors contacted in his be­half will be at the discretion of Com­pany... Client agrees that this agree­ment is not to be construed as aguarantee of manufacturing or distribu­tion by the Company".

The contract is really quite a workof art in presenting an impressiveappearance without obligating thecompany to do much of anything.No doubt a great deal of work goes intothe advertising, sales brochures, con­tracts, form letters, and other toolsused in the invention promoter scam. Itis apparently a lot more profitable to

M. Schnipper, Executive Director C. E.Ransick, and W. Christopher Barrier,Secretary-Treasurer.

President Carroll generally dis­cussed the schedule of meetings forthe Council, tentatively suggesting Au­gust 23, 1980, as a time for a meeting,at which the principal order of businesswould be a discussion of the remainderof the Association's legislative pac­kage.

President Carroll also suggestedforming a representative group fromeach bar district, with whom he couldremain in contact during the legislativesession, as repeated meetings of theCouncil would be impractical.

Colonel Ransick suggested that Mr.Carroll meet with as many Associationcommittees as possible as a means forstimuiating committee activities. Presi­dent-Elect Cypert also plans on attend­ing as many such meetings as pos­sible, for purposes of transition.

There being no further business,Chairman Schnipper adjourned themeeting. I.....

sell figmentary invention promotionand licensing services than the stock intrade of the con-man of by-gone days,such as movie contracts, submarinereal estate, or the Brooklyn Bridge.

Copyright 1980Robert R. Keegan

FOOTNOTESCalifornia Assembly Bill No. 485, PatentTrademark Copyright Journal, Oct. 30,1975. p. D-1.Paul S. Shemin, "Idea Promoter Control: TheTime Has Come", 60 Journal of the PatentOlllee Society 442, April, 1978: New YorkLew Journal, March 30, 1978.

, G. Udell; M. O'Neil, "The FTC... Against In·vention Promoters", 58 Journal of the PatentOlllee Society 442, July 1976.

3 Fanning, Patricia. "Invention Promoters", Na­tional Observer, March, 1975, p. 8. ~

October 1980/Arkansas Lawyer/l77

TAX INCENTIVES FOR

HISTORIC PROPERTY

by H. Lawrence Yancey

INTRODUCTION

The 1976 Tax Reform Act ("the 1976Act") and the Revenue Act of 1978("the 1978 Act") enacted significantchanges to federal income. estate andgift tax law. Many of the changes havebeen well publicized and most attor­neys are generally aware of the areasin which the changes occurred. How­ever. one of the lesser publicizedchanges is the federal income taxtreatment available for historic prop­erty. This change provides significantbenefits for investors in real property.

Prior to the 1976 Act, no method ofaccelerated depreciation was allow­able to an investor in used commercialreal property and only a modest accel­erated depreciation method (125% de­clining baiance) was allowable to aninvestor in used residential real prop­erty. The 1976 Act allows alternativeaccelerated depreciation methods orfive years amortization for investors inhistoric property.

Certain disincentives were alsoenacted by the 1976 Act. Demolition ofcertified historic structures is discour­aged by disallowing deductions thatcan normally be taken for expensesincurred in demolition. Additionally. ac­celerated depreciation is denied on anew structure that has been erected on178/Arkansas Lawyer/October 1980

the site of a demolished certified his­toric structure.

The 1978 Act allows an InvestmentTax Credit ("ITC") to encourage therehabilitation of older commercial build­ings. This provision is significant in thatthe ITC is generally not available forinvestments in real property.

Another tax incentive available forowners of historic structures is acharitable contribution deduction. Thiscan be a contribution of less than a fullinterest in qualifying real property, suchas an easement or lease.

AMORTIZATION ANDACCELERATED DEPRECIATIONIn order to qualify for amortization or

accelerated depreciation. a buildingmust be a certified historic structureand subject to depreciation. A certifiedhistoric structure is one that is eitherlisted on the National Register of His­toric Places or located within a regis­tered historic district' and certified bythe Secretary of Interior as being ofhistoric significance to that district. Abuilding is subject to depreciation if it isused in a trade or business or held forthe production of income.

Accelerated depreciation andamortization are available only to build-

ings on which the rehabilitation hasbeen certified by the Secretary of In­terior as being consistent with the his­toric character of the property or districtin which the property is located.'Rehabilitation must be distinguishedfrom mere reproduction or recon­struction of the property becauseneither accelerated depreciation noramortization may be elected regardingthe latter. A two-part Historic Preserva­tion Certification Application must becompleted in order to obtain certifica­tion. The application will be reviewedby the State Historic Preservation Offi­cer and then forwarded to the Secre­tary of Interior who has the ultimateresponsibility for certification.

Section 191 (a)' allows a taxpayer toelect to amortize the expenses ofrehabilitation of qualifying propertyover a period of sixty consecutivemonths. Amortization is applicable onlyto rehabilitation expenses and not toany capital costs incurred for the initialacquisition of the property.

Amortization will begin upon thecompletion of work and payment of therehabilitation expenses or at the timethe building is placed in use. whicheveroccurs last. If the rehabilitation is ac­complished in different phases. a newamortization period will be allowablefor each phase.

Owners of a fee simple interest inqualifying property, life tenants, own­ers of joint or undivided interest in qual­ifying property and lessees of qualify­ing property (if the remaining term ofthe lease equals or exceeds a period ofthirty years) may elect the amortizationprovisions. Partnerships, estates andtrusts are also eligible to elect theamortization provisions. Generally, asubsequent owner of historic propertyis not eligible to elect the amortizationprovisions but a transferee from theowner of qualifying property may electthe amortization provisions if the trans­feree acquires ownership of the quali­fying property from an owner who re­habilitated the structure before it wasplaced in use.

Certain administrative requirementsmust be met to exercise the amortiza­tion election. A check-off is provided online 6a, Schedule E, Form 1040 indicat­ing election of the amortization provi­sions. Additionally, a copy of the letterof certification from the Secretary ofInterior relating to each rehabilitationmust be submitted with the income taxreturn on which an election is made. Iffinal certification of rehabilitation hasnot been received, a copy of the firstpage of the application for certificationof the rehabilitation work must be at­tached to the return. The amortizationelection may be made only once and, ifterminated with respect to any qualify­ing property, will not again be allowablewith respect to that property.

Section 167(0) allows a taxpayer toelect to treat qualifying historic propertyas though the taxpayer was the originaluser. Thus, it allows a taxpayer to takean accelerated rate of depreciation notin excess of 200% declining balance onresidential real property and accel­erated depreciation at a rate not to ex-

ceed 150% declining balance forcommercial real property.

Qualifying property and qualifyingrehabilitations for the accelerateddepreciation election must meet thesame standards and are subject to thesame restrictions as property thatqualifies for the amortization electiondiscussed above. No final regulationshave been promulgated regarding theaccelerated depreciation election.However, such election should bemade with the same check-off as theamortization election and by attachinga statement to the income tax returnsetting forth all pertinent informationregarding the qualifying property.

The basis of the property on whichthe accelerated depreciation electionhas been made includes the initial ac­quisition cost of the building plus ex­penditures for certified rehabilitation.Unlike the Section 191 election, theSection t67(0) election requires thatthe rehabilitation expenditures exceedthe greater of the adjusted basis of thequalifying property before rehabilita­tion or $5,000. The rehabilitationexpenditures must also occur within atwenty-four month period.

Two caveats apply to the benefitsbestowed by Section 191 and 167(0).Upon the sale of any property for whicheither election has been made, recap­ture income (ordinary income) will beapplicable to the extent that the accel­erated depreciation or amortizationdeductions taken exceed the amountof deductions that would have been al­lowable had the property been depre­ciated on the straight line depreciationmethod. Also, the amount of all annualdeductions taken for accelerated de­preciation or amortization that exceedthe deduction that would have been

allowable under the straight linemethod of depreciation will be consid­ered as an Item of Tax Preferencewithin the meaning of Section 57 and,thereby, subject to the minimum taximposed by Section 56. Both of theseprovisions are also applicable to inves­tors in newly constructed real prop­perty and are considerations that mustalways be addressed when investing ineither newly constructed real propertyor historic property.

DISINCENTIVESGenerally, if a taxpayer acquires a

building and demolishes it, the demoli­tion costs are deductible. However, if ataxpayer acquires a certified historicstructure,' Section 280B denies thededuction for demolition costs. Thisunfavorable treatment can be avoidedby obtaining certification from theSecretary of Interior prior to demolitionthat the building is not of historic signifi­cance to the district. Such certificationsmay also be obtained from the Secre­tary of Interior after demolition if thetaxpayer will certify that, in good faith,he was not aware of the pre-demolitioncertification requirement.

Another disincentive is provided bySection 167(n). Only straight linedepreciation is allowed for any realproperty replacing a certified historicstructure. This restriction "runs with theland" and is applicable not only to thetaxpayer that constructs the replace­ment building, but also to any subse­quent owner of the replacement build­ing or any building constructed after thereplacement building. Although the re­striction "runs with the land", there areno provisions requiring such to be evi­dence on documents of title. Therefore,the possibility exists that a subsequent

continued on page t 80

H. Lawrence Yancey is a member of House, Holmes & Jewell of LittleRock. J.D., U. of A., 1976; LL.M. (taxation), N.Y.U., 1978. PAD.; BlueKey; Sigma Nu. Monitored House Ways & Means Policy OversightSubcommittee Meeting on Tax Incentives and Disincentives for HistoricProperty. Principal lecturer at Seminar on Tax Incentives and Preserva­tion, sponsored by the Arkansas Historic Preservation Program,November t 979. Member; American, Arkansas, Missouri and PulaskiCounty Bar Associations.

\

October 1980/Arkansas Lawyer/179

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The most common technique utiliz­ing this incentive is the contribution of afacade easement on a historical build­ing. The easement provides that thefacade of the building will never be al­tered to the extent that the architecturalor historical significance of the buildingwould be impaired. This is an effectivedevise to obtain a significant charitablecontribution deduction and maintainfull usage of the building. The grantingof an interest in property for preserva­tion or conservation purposes is speci­fically authorized in Ark. Stat. Ann.§50-1201 (Supp. 1979).

CONCLUSIONThe use of the tax incentives for the

rehabilitation of older structures hasproven to be a viable economic tool.Since 1978, over seven million dollarshave been invested in 22 projects inArkansas that have utilized the taxincentives'. Almost every city in Arkan­sas has structures that are eligible toutilize some portion of the tax incen­tives.

CHARITABLE CONTRIBUTIONDEDUCTION

Generally, a charitable contributiondeduction will not be allowed for a con­tribution of less than the entire interestof the contributed property. Section170(f)(3)(8) allows a charitable contri­bution deduction for the contribution ofa lease, option to purchase or ease­ment on real property if such is grantedin perpetuity to a public charity orgovernmental unit and used exclu­sively for conservation purposes. Thevaluation of the charitable contributionis determined by the difference be­tween the best use fair market value ofthe property before contribution andthe fair market value after contribution.'

years, the amount of the credit will be10% of 2/3 of the rehabilitation expen­ditures.

As in all cases where the fTC isclaimed, it is subject to recapture. Usu­ally, if the property is held for sevenyears after the ITC is claimed, no ITCrecapture will be incurred.

The significant aspects of the ITCare: (1) the structure must be a com­mercial building (residential rental realproperty will not qualify), (2) Section167(0) accelerated depreciation elec­tion may be utilized concurrently withthe lTC, (3) the Section 191 (a)amortization election may not be usedconcurrentiy with the lTC, (4) thequalifying expenditures will be treatedas new property for ITC purposes, and(5) a building does not have to be listedon the National Register in order totake advantage of the ITC and, in mostcases, it is not necessary to have therehabilitation work certified by theSecretary of Interior. The only situationin which certification is necessary iswhen the taxpayer has a commercialbuilding in a historic district, or indi­vidually listed on the National Register,and he intends to elect accelerateddepreciation with the ITC.

The amount of the credit availablewill be 10% of the qualifying rehabilita­tion expenditures if the useful life of therehabilitation improvements is at leastseven years; if between five and sevenlBO/Arkansas Lawyer/October 19BO

INVESTMENT TAX CREDITSection 48(a) (1) (E) specifically lists

expenditures for the rehabilitation of aqualified building as being eligible forthe ITC. Section 48(g) defines eligibleproperty as a building that has beenplaced in use before rehabilitation and75% of the existing ex1emal walls areretained in the rehabilitation. Also, thebuilding must be at least 20 years oldand, in the future, twenty years musthave elapsed since the date of the lastrehabilitation for which the ITC hasbeen claimed. Rehabilitation im­provements that have a useful life offive years or more are qualifiedrehabilitation expenditures for pur­poses of the ITC. The cost of acquiringa building and any costs for enlargingan existing building will not qualify forthe ITC.

Tax Incentives,continued from page 179

land owner, with no knowledge that acertified historic structure existed onthe site, will be subject to this provision.The Section 167(n) restriction may alsobe defeated by a pre-demolition orpost-demolition certification that thebuilding was not of historic signifi­cance.

Tax consequences must always beconsidered for an investment in realproperty so that the investor may as­certain his return on capital net of in­come taxes. Investments in historicproperty are no different. Dependingon the individual circumstances, thetax incentives may make an attractiveinvestment in historic property evenmore economically feasible by provid­ing a rapid recoupment of rehabilitationexpenses. Proper planning will allowan investor to make full utilization of theavailable incentives and be prepared toface the issues of recapture andminimum tax before entering a trans­action. On the other hand, an investorwho is contemplating the acquisition ofdepreciable real property that qualifiesas a certified historic structure mustpay special attention to the disincen­tives.

All of the disincentives and all of theincentives, except the ITC election, arescheduled to terminate on or beforeJune 15, 1981. (The ITC election doesnot have a scheduled terminationdate.) However, legislation is presentlybeing considered by Congress that willallow the continuance of these incen­tives and disincentives. It is probable

that all, or some, of these incentivesand disincentives will become perma­nent fix1ures in tax law. Many refine­ments have been proposed on theincentives and disincentives and it istoo early to speculate which refine­ments will be enacted.'

The intent of this article has been togive general information on this sub­ject. Consultation with a tax specialistis encouraged before an investment ismade in any property that may involvethe issues discussed.

FOOTNOTES

1. A registered historic district is one which iseither listed on the National Register of His·toric Places or designated under a state sta­tute or local ordinance that has been certifiedby the Secretary of Interior.

2. Certification of the rehabilitation will be madepursuant to Standards of the Department ofInterior for Rehabilitation Projects. The StateHistoric Preservation Officer ("SHPO"), whoshould be contacted regarding aU maUers per­taining to certification. is:

Ms. Joan BaldridgeArkansas Historic Preservation ProgramContinental BUilding-Suite 513Little Aock, AA 72201

The SHPO strongly recommends that re­habilitation plans be submitted to her officeprior to the commencement of work on theproject.

3. All citations are to the Internal Revenue COOeof 1954, as amended, unless stated other·wise. Final regulations for §191 have beenadopted by Treasury Decision noo, Fed.Register, June 6, 1980.

4. See definition of certified histork: structureprovided in the discussion of amortization,supra.

5. Aev. Au!. 73-339, 1973-2 C.B. 68.

6. Testimony of Ms. Joan Baldridge. ArkansasState Historic Preservation Officer, beforeSenate Subcommittee on Energy andRenewable Resources of the Senate Com­mittee on Energy and Natural Resources,April 17, 1980.

7. Any comments regarding the re·enactment orrevisions in tax incentives or disincentivesshould be sent at:

Honorable Daniel Rostenkowski,Chairman

Subcommittee on Select RevenueMeasures

Longworth House Office Building-Room1031

Washington, D.C. 20515 ""'

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October 1gOO/Arkansas Lawyer/181

CONTEXTBy W. Christopher Barrier

PROTECTING AN ENDANGERED SPECIESIN THE "STAR WARS" ERA

There is a trend in the medical profession whereby doc­tors are trained specifically for small-town, family practice.My impression is that the practitioners learn to deal with thewide range of relatively common, easily-treatable ailments.They learn to be diagnosticians, and to refer diseases theycannot handle to specialist in larger cities. When the patientcompletes his treatment, surgery, etc., in the larger city, thehome-town doctor does the follow-up treatment and obser­vation.

Of course, small-town lawyers, especially solo practition­ers, should do essentially the same thing. After all, you can'testablish a 17-man law firm in Melbourne with all thathardware, looseleaf services and so forth. You simply willhave to talk to people, identify their problems, and then referon these problems to other lawyers better equipped tohandle them, except for pretty simple stuff.

Objection!Now, wait a minute. Isn't a lawyer a personal representa­

tive of the client? Isn't that client entitled to repose his or hertrust in a single lawyer, whenever possible? Aren't manycases particularly local, like probate, real estate, adoptionand divorce? Aren't people in small towns entitled to qualitylegal services at a reasonable cost? And, in terms of makinga living, aren't you ethically limited with reference to referralfees?

Yes, to all the above. The goals of all lawyers are thesame: to (a) deliver quality legal services, (b) at a reasona­ble cost, (c) while making a good living. They are the samewhether you practice in Little Rock or Rector, Pine Bluff orPiggott, Fort Smith or Smackover.

(If you do not practice in certain highly technical areas­taxation, securities, antitrust-you have to refer the workanyway, whether it is to a partner or another lawyer, regard­less of where or how you practice. A real esta,te lawyer in alarge urban firm has no more business doing pension plansthan a small-town solo practitioner, even though he or shemay have the advantage of at least keeping the business inthe office. One difference may be that the solo practitionercannot afford some of the inefficiencies that the city partnercan.)

Three basic toolsAttaining those goals, however, requires some effort and

preparation. The speakers at the Annual Meeting in HotSprings in June seemed to agree that there are three basic

162/Arkansas Lawyer/October 1960

tools to use: (1) Technology; (2) Team Concept, and (3)Systems. Applying these tools to the small-town, solo prac­titioner may require some extra thought, but my own belief isthat these tools may offer even more rewards to this lawyerthan any other.

1. TECHNOLOGY-As I have mentioned in a previouscolumn, the first really imaginative use of word processingequipment and xerography I observed was in a one-manoffice in a small town in northeast Arkansas.

As a solo practitioner has no one to cover for him whenhe's out of the office, and no partners to shift work to in orderto smooth out the inevitable peaks and valleys in workload,he may be in the greatest need of the flexibility good wordprocessing can provide. For example, an afternoon of dicta­tion can keep an operator busy the next morning while he'sin trial-to be reviewed and revised at noon-and com­pleted while he's gone that afternoon. Deadlines simplybecome more manageable.

Keep your Smith-CoronaOf course, equipment must be serviced (don't throw out

your old typewriters). Pin down the salesman in this regardand, most important, talk to other similarly-situated lawyers.See what their experience has been with service and per­formance on various types of hardware. Frankly, when youfirst get into word-processing, it is probably just as well toavoid being too innovative in terms of acquiring the verylatest in equipment, or structuring particular uses. And wordprocessing equipment salesmen are nice guys, but notori­ously slow to grasp the needs of particular offices, especiallysmall ones. You have to teach them.

Lawyers resist acquiring word processing equipment (andother mechanical aids) for various reasons. Part ot it issimple attachment to familiar ways and means for doingthings. Years ago, the television series "Star Trek" por­trayed a lawyer in the age of space travel. He rejectedmechanized research, preferring the look and feel of "reallaw books." Lexis and Westlaw bring his point home viVidly.However, sentimentality is a somewhat expensive luxury.

More bang for your bucksOften, solo practitioners simply consider the newer

equipment "too expensive." To overcome this, they shouldagain consult their colleagues, especially with regard tocost-effectiveness. They may discover that the equipment ischeaper than hiring more people, and pays for itself in in-

creased productivity. Further, it may thus reduce (but noteliminate) the problems 01 scarce secretarial personnel en­countered in small towns.

2. TEAM CONCEPT-0bviously, the need lor trainedpersonnel remains. The solo practitioner can analyze thetasks he performs. By building a team to perform them, hecan (a) increase productivity, (b) attract more business, and(c) make clientsleel they're getting more, not less attention.

A quick survey 01 most towns will tum up intelligentwomen whose children have started school and who wouldlike to work. Acute stenographic skills may not be required,nor rigid hours, instead simply an ability to lollow instruc­tions. Several bright, part-time workers, happy in their jobs,help spread the word as to your abilities in the community.

They can do lactual investigations, summarize deposi­tions, and interview clients, especially in estate planning.Two lawyers I know in Sardis, Mississippi, consider theirmanaging assistant such an integral part 01 their team thatshe is listed on their letterhead!

Two for the price of oneClients then know at least two people, not just one, are

conceming themselves with their lile. The lay assistant isgenerally more accessible than the lawyer, who, once again,may be out trying cases when the client calls.

Legal research may be a problem if you don't live near alaw school, but il you can schedule large blocks 01 researchlor summer months, summer clerks are a bargain in abuyer's market. The law schools have research programs tohelp out between summers. And attention to available CLEprograms can polish or add needed skills. (Only 20% 01Arkansas lawyers attend in a given year.)

Again, the question is cost effectiveness. People costmoney. But, il you can have a high school student do alterschool things the lawyer would otherwise be doing lor him­sell (but can't charge lor), client, lawyer and student all win.

3. SYSTEMS-The secret to optimum use 01 non-lawyer,semi-stenographic personnel and word processing equip­ment is systems, including those lor office procedures,such as the Arkansas Law Office Manual. The Arkansas BarAssociation has valuable systems in probate, wills, workerscompensation and others.

Don't buck the systemSystems also encounter resistance. Lawyers want to

hand-tailor their work. ThaI's line, says Sam Smith, chair­man 01 the American Bar Association's legal economicssection, but thaI's like tailormaking a suit-you price yoursellout 01 reach 01 most 01 your clients.

II you must trim and alter, most systems can at leastprovide a starting point that you can work with.

Others worry that by concentrating on the usual, systemsencourage you to overlook the unusual. By thinking througheach matter, the lawyer supposedly catches the exceptions.However, I suspect the reverse is true. The systems citepertinent statutes, encouraging you to review the law again.By setting out the usual, to which you can compare yourpresent case, the exceptions are made even clearer. Finally,there is really more room lor error in a tailor-made productthan in a standard product with well-tailored alterations.Remember, everyone's goal is quality, consistent quality.

Hardware not requiredBy the way, systems don't require word processing as

such, as your secretary can lollow lorms as to which you've

given instructions, written in modilications, or simply filled inthe blanks. This can be done with any Irequently useddocuments, including letters. Not only will this improve yourproduct and efficiency, but will get you ready lor word pro­cessing equipment and show you what uses you can make01 it, without committing you to its purchase.

Rational time records are also an important type 01 system(and one that that high school student can handle, along withyour library and liling). Even il you never charge by the hour,you have got to know whether you're getting a reasonableretum on your time. II you're not, in a particular area, thecase lor more systematization may be even stronger.

Throwbacks or frontlines?Specialists in most prolessions tend to view their general

practitioner colleagues as relics 01 a horse and buggy era.This attitude 01 superiority may itsell engender an unwilling­ness on the part 01 the GP's to use the tools the specialiststake lor granted.

But, the standards 01 performance set by these specialistsbring increasing pressures to bear on the general practition­ers, and make adoption 01 their methods imperative.

Small town, solo practitioners can produce quality legalproducts, at reasonable cost, with an adequate return. (Theynow tend to do the lirst two at the expense 01 the third, whichthey cannot do indelinitely.) Technology, judicious use 01more lay personnel, and systems can enable small-towngeneral practitioners to compete effectively in most areaswith their urban counterparts, and continue quality per­sonalized representation.

IIttley do not accept the challenges posed by increasingspecialization and technical advances, they risk lunctionalextinction. When that occurs, they, their clients, and theprolession as a whole will be the poorer lor it. '"

Q

""

"Dear Uncle Jed: Since you retired and moved toFlorida, the practice of law here in Quiet Corners haschanged a mite. .. "

October 1980/Arkansas Lawyer/l83

LEGAL ECONOMICSBy: John P. Weil

ALTMAN & WElL, INC.Management Consultants

Ardmore, PA and Orinda, CA

LAW OFFICE ACCOUNTING BASIC REQUIREMENTS AND BENEFITSA good accounting system and the

timely generation of sound manage­ment information are vital to the suc­cess of almost any business. Law firmsare no exception. For lawyers to runtheir business properly, they mustknow more than just how much moneythe firm has in the bank, and what totalsof income and expenses are needed tofile tax returns at the end of the year.

Our consulting experience in work­ing with hundreds of law firms hasshown that, in general, firms whichproduce good financial information op­erate far more profitably than thosewhich do not. Like other businessmen,lawyers can channel the direction oftheir practice in profitable directions,and can avoid or improve unprofitableareas once the right information isavailable for management.

From a business viewpoint, theprofession of law has much in commonwith most other types of commercialendeavors. In a service business or aprofessional practice, the effort, mea­sured by time, of persons who provideservices to customers or clients is theprincipal commodity in which the busi­ness trades. In law practice, the time ofthe professional and paraprofessionalstaff must be accounted for just likeinventories of goods must be moni­tored in a conventional business. Thisrequires that:

a. The production of goods (timeworked on behalf of clients) beknown and controlled.

b. The amount of goods which thebusiness has in inventory("work in process" or unbilledtime inventory) be known foreach client and for the firm as awhole.

c. The dollar amount for whichgoods are sold be comparedwith the production costs ofgoods to determine whether anyline of products is profitable orunprofitable. In law practice, the

1B4/Arkansas Lawyer/OCtober 1980

amount which is billed for eachlawyer's time must be com­pared with a standard hourlytime value to show which casesare profitable and which are not.

More conventional financial informa­tion also is a necessity. This includesdata on accounts receivable, accountspayable, operating expenses in com­parison to budgeted goals, etc.

Financial information must be pro­duced with sufficient frequency andtimeliness to permit management toreact quickly when data shows thatsome corrective action is needed. Formost law firms, financial informationshould be produced on a monthlybasis. If the information is more thanone or two weeks old by the time it isavailable for management, its value willbe substantially diminished. Yet, manylaw firms do not receive financialstatements until four to six weeks afterthe close of an accounting period. Suchdelays occur more frequently if the in­formation is provided by an outside ac­countant rather than the firm's own ac­counting staff.

With a proper bookkeeping system,financial information should be avail­able no later than one week after anaccounting period is ended. At thistime, it also is essential that manage­ment review and evaluate the informa­tion to see whether financial objectivesare being met, and whether any cor­rective actions are required. The bestmanagement information system haslittle value if lawyer management doesnot take time to review and act on theinformation. The best way to insuresuch a review is to schedule regularmeetings of a finance committee (orother appropriate committee) to reviewthe latest management and financialreports.

Many lawyers are under the mista­ken impression that good managementinformation for a law firm can be pro­duced only with asophisticated compu-

ter system or a relatively large account­ing staff. This misconception has beensupported by data service bureaus andvendors of computer systems for lawfirms. The truth of the matter is that onlyin unusual circumstances can a com­puter system be cost justified for smalllaw firms. At the same time, one com­petent bookkeeper, aided by a properlydesigned accounting system, often canhandle the accounting chores for a firmof 15 or more lawyers. This, of course,is exclusive of timekeeping functionsand the actual composition or typing ofbills for clients.

A proper accounting system for a lawfirm should include the following ele­ments:

1. Client ledger(s) for each matterwhich provides up-to-date in­formation on time devoted to theclient or case, cost advances,billings, receipts, and currentbalances for unbilled time, un­billed cost advances, billed costadvances, and outstandingfees. In all but very small firms,separate client ledgers shouldbe maintained for time and forfinancial transactions with or forclients.

2. A system of journals whichsummarize all financial trans­actions of the firm. Usual jour­nals include a check register(disbursement journal). billingjournal, and a cash receiptsjournal. Better systems also in­clude journals which summarizecharges to clients which do notinvolve direct cash disburse­ments (telephone, photocopies,mileage, etc.) and journalswhich summarize all write-offactivities of the firm.

3. A system of keeping accuratetrack of client's trust funds.Usually this is accomplishedwith a separate trust disburse­ment journal and separate trust

Elmer P. Robertsp.o. Box 7659Little Rock, AR 72217Phone: 501/224-5471

ledger cards (or a distinct sec­tion on client financial ledgers).

4. A general ledger to recordmonthly total charges to variousaccounts and to provide overallaccounting controls.

Firms which must rely on manual ac­counting systems should take advan­tage of the efficiencies and improvedaccuracy provided by pegboard or"one-write" systems: Such systemsgenerally require only 50% to 70% ofthe time required by old-fashionedmUltiple-entry systems. Also, theyhave the added advantage of eliminat­ing many common causes of book­keeping errors and of forcing book­keeping to be up-to-date.

There are several good commercialpegboard bookkeeping systems avail­able which have been specifically de­signed for the legal profession. Ven­dors include:

Safeguard Business Systems, Inc.The Reynolds & Reynolds CompanyAutomated Business Systems, Divi-

sion of Litton IndustriesShaw-Walker CompanyBurroughs Corporation

In purchasing such systems, it is im­portant to recognize that the properinstallation of such a system requiresconsideriJ,ble support from any indivi­dual who is experienced in their use.Many sales representatives of com­panies that sell pegboard bookkeepingsystems lack the necessary experi­ence. Therefore, lawyers are well ad­vised to check iocal user referencesbefore purchasing and installing apegboard system.

Good accounting and the generationof proper management information areweak areas in many law practices. Yet,these are areas which can pay largedividends in improved profitability ifproper upgrading can be effected.Most law firms would be well advised tomake a critical review of their account­ing procedures, accounting controls,and management information report­ing. f.......

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October 1980/Arkansas Lawyer/16S

LAW SCHOOL NEWS

Assistant Dean James K. MillerAssistant Dean Ellen Brantley

SCHOOL OF LAW, UNIVERSITY OF ARKANSAS, FAYETTEVILLEThe Rose Law Firm in Little Rock

has donated $10,000 to the Universityof Arkansas Foundation. The $1,500annual income from this gift is ear­marked as a scholarship grant for theperson who serves as editor-in-chief ofthe Arkansas Law Review.

Ted Yates of Ozark and his mother,Ms. Mary Yates, have contributed$1,500 to establish a Jack YatesMemorial Scholarship Fund. JamesE. Baine, of EI Dorado, and the MurphyOil Company have provided an addi­tional $1,000. The income from thisfund will be used to provide scholar­ships for outstanding members of DeltaTheta Phi Law Fraternity.

Dr. Robert A. Leflar has receivedthe American Judicature Society'shighest honor, the Justice Award. Theaward is given periodically to "indivi­duals who have made significant con­tributions nationally to the cause of im­proving the effective administration ofjustice."

The law school sponsored the Ar­kansas Trial Advocacy Institute con­ducted in Fayetteville August 4-7. Fa­culty members were Judge William H.Enfield, Judge John R. Lineberger,Robert L. Jones, Jr., of Fort Smith,William B. Putman of Fayetteville,Professor William L. Bost, Jr., Uni­versity of Arkansas and ProfessorRonald L. Carlson, Washington Uni­versity.

The University of Arkansas School ofLaw and the University of Texas LawSchool are co-sponsoring a fUll-dayprogram on recent developments in In­surance Law. The program will be of­fered at the University of Texas Law

School School Auditorium in Austin onMonday, Sept. 1 and in Fort Smith atthe Sheraton Inn on Friday, November14. The program panel includes SidDavis of Fayetteville, Professor WylieDavis of the University of Arkansas,Professor Eric Holmes of the Univer­sity of Georgia Law School, BuddySutton of Littie Rock, and ProfessorBill Young of Columbia University LawSchool. Professors Davis and Younghave recently completed work on anew edition of an Insurance LawCasebook for Foundation Press.

Professor Irving Younger, in a liveappearance co-sponsored by the Uni­versity of Arkansas School of Law andthe National Practice Institute, will pre­sent a full-day program on trial tech­niques. The program will be presentedin Little Rock on Friday, October 31, atan auditorium on the University of Ar­kansas medical Sciences Campus.Professor Younger is now Samuei S.Leibowitz Professor of Trial Tech­niques at Cornell Law School. Hisvideo-tapes are used in trial advocacycourses around the country.

Dean David Epstein's recentspeeches include bar review lecturesin Chapel Hill, Winston Salem, Wash­ington, D.C., Baltimore, Atlanta, Den­ver, Chicago, Austin, Dallas and Hous­ton, participation in Practicing LawInstitute Programs in New York andLos Angeles, and a Law Day speech tothe Clay-Greene Counties Bar Asso­ciation. He has completed an article onChapter 13 of the Bankruptcy Code forpublication in the Washburn UniversityLaw Journal.

Professor Jake Looney has joined

the faCUlty as Director of the Law andAgriculture Program. He has a law de­gree as well as graduate degrees inagricultural economics and animal nu­trition. He is generally recognized asone of the leading authorities in thearea of law and agriculture. He serveson the editorial board of the AgriculturalLaw Journal, is a featured speaker atALI-ABA continuing legal educationprograms on law and agriculture, andhas written numerous articles on agri­cultural legal problems.

Professor Howard Brill, who re­ceived the first annual OutstandingProfessor Award presented by the Uni­versity of Arkansas Student Bar Asso­ciation, taught Remedies this summerat the University of North Carolina.

Law Librarian George E. Skinner at­tended the annual meeting of theAmerican Association of Law Librariesheld June 21-25 in St. Louis. AssociateLaw Librarian Maurice A. Pope at­tended an Institute for Law Cata­loguers, June 17-20, at Southern il­linois University at Carbondale.

J. D. Gingerich, a May, 1980graduate, has been awarded a RotaryInternational Fellowship for a year'sstudy at Oxford University.

Student Bar Association officers forthe fall semester are Mary Ann Gunn,President; Jim Garrison, 1st VicePresident; zan Davis, 2nd Vice Presi­dent; Mary Estes, Secretary; RogerPillow, Treasurer; Steve Tabor, 3rdYear Representative; Martha Morgan,2d Year Representative, and DeeDavenport, Student-Faculty Repre­sentative.

SCHOOL OF LAW, UNIVERSITY OF ARKANSAS AT LITTLE ROCKFall Altheimer Lecture "Mental Illness and the Criminal Law." has been mailed to each memberofthe

Dean Norval Morris of the University The lecture will be held during the Fall Association.of Chicago Law School will deliver the Legal Institute, and all members of the LEXISFall 1980 Altheimer lecture on Friday, Arkansas Bar are specially invited to Thanks to a grant from theSeptember 19. Dean Morris, a well the lecture and to the reception follow- Donaghey Foundation, both facultyknown criminologist, will speak on ing it. A brochure and letter of invitation and students of the law school will soon18G/Arkansas Lawyer/October 1980

have access to Lexis, computerizedlegal research. The Lexis system willbe installed this fall.

The School of Law already has aWestlaw computer terminai which isavailable to attorneys as well as stu­dents and faculty.Law School Association

The annual meeting of the UALRLaw School Association was held onJune 5, in Hot Springs, during the An­nual Meeting of the Arkansas Bar As­sociation. Sheffield Nelson, the out­going president, presided at the break­fast session.

Alumni and friends heard a reportfrom Dean Robert Walsh, and electedofficers for the 1980-81 year. SandraWilson Cherry will serve as president;and Frank Whitbeck, as presidentelect. Professor James W. Spears willcontinue as secretary, and Dean ClayPatty, as treasurer.Law Student Division AwardsPresented

At a meeting of the 8th, 10th, and13th Circuits of the Law Student Divi­sion of the American Bar Association,held in Kansas City on March 29-30,Scott Lewis, a student, was awardedthe Silver Key Award. This award ismade annually to one student in eachcircuit for distinguished service. TheLaw Student division also presentedawards to Dean Robert K. Walsh and toTerry Paulsen in recognition of theirefforts in connection with the Round­table meeting held at the law school.Faculty Notes

Donaghey Distinguished ProfessorRobert R. Wright has begun work on anew edition of his Land Use case book.Professor Wright gave a lecture, "TheLaw and Archie Bunker," as part of aseries by the University's DonagheyDistinguished Professors.

Professor Earl Maltz's comments ona previous article were published in theMichigan Law Review under the title"Judicial Competence and Funda­mental Rights." Professor John Shef­fey's article, "Consumer Credit Insur­ance Disclosures Under Truth-in-Lend­ing: The Triumph of Form Over Sub­stance" has been accepted for publica­tion in the Florida State Law Review.Jason Reynolds, who joined the UALRfaculty in May, is the coauthor of thesecond edition of Drafting MarriageContracts in Florida.

Professors Kenneth Gould andNorman Stein, together with adjunctclinical instructors Paula Casey andMarsha Yowell, published the Arkan-

sas Juvenile Justice Manual. Pro­fessor Gould, Professor Wright, andDean Robert Walsh attended a re­gional meeting of law schools in Nor­man, Oklahoma.

Dean Walsh served as chairman ofan American Bar Association in­spection team which visited HamlineUniversity Law School in St. Paul,Minnesota, on April 27-30. DeanWalsh, who serves as a member of theExecutive Committee of the PulaskiCounty Bar Association, received anaward for distinguished service fromthe Association at its annual meeting inMay. He addressed the Little RockRotary Club on May 1. Dean Walsh willdeliver the address at SummerCommencement exercises at Arkan­sas State University. Dean Walsh andProfessor Susan Webber attended theEighth Circuit Judicial Conference onJuly 7-9.

Professors Steven Goldberg andNorman Stein served as faCUlty mem­bers at the Southern Regional Advo­cacy Program of the Legal ServicesCorporation. The program was held atthe law school. Professor Goldbergalso served as director of the SecondArkansas College of Advocacy spon­sored by the School of Law and theArkansas Institute for Continuing LegalEducation.

Professor D. Fenton Adams andMary Ann Willis, Director of Admis­sions, attended the annual meeting ofthe Law School Admissions Council.Professor Fred Peel attended the Am­erican Law Institute's annual meetingin Washington, D.C. to participate indiscussion of proposed revisions of thetax treatment of partnerships andcorporations.

Professor Susan Webber served asa member of an American Bar Associa­tion team which inspected the Univer­sity of Bridgeport. Professor L. LynnHogue reviewed Robert M. Ireland'sLittle Kingdoms: The Counties ofKentucky, 1850-1891 for The Ameri­can Journal of Legal History. He andProfessor Earl Maltz published an arti­cle "On Keeping Pigs Out of the Parlor:Speech as Public Nuisance after FCCv. Pacifica Foundation" in the Janu­ary, 1980 edition of the SouthCarolina Law Review. ProfessorHogue worked as a research assistantat the Constitutional Convention Ses­sion.

Professor Glenn Pasvogel appearedbefore the Finance and TaxationCommittee of the Convention to testifyon the constitutionality of a proposedpersonal property tax provision. On

June 18, Assistant Dean Ellen Brantleywas the keynote speaker at a seminaron Estate Planning for Women spon­sored by the Baptist Health Founda­tion.Three New Faculty MembersBegin Work

Three new faCUlty members havejoined the School of Law. AssistantProfessor Jason Reynolds, who beganteaching in the summer term, has prac­ticed law in Florida for the last tenyears. He is a graduate of Florida StateUniversity and of Vanderbilt LawSchool where he served as AssociateEditor of the Vanderbilt Law Review.He received the LL.M. degree from theUniversity of Illinois in 1980. ProfessorReynolds taught Administration ofCriminal Justice during the summer,and will also teach Criminal Law, Crim­inal Procedure, Evidence, and TrialAdvocacy.

Also appointed as Assistant Profes­sor is Philip Oliver. He joins the facultyafter four years with the Atlanta firm ofSutherland, Asbill, and Brennan. Pro­fessor Oliver, a graduate of the Univer­sity of Alabama and Yale UniversityLaw School, was a foreign service offi­cer before entering law school. He willteach the courses in Federal IncomeTax, Legal Profession, and Remedies.

The third new member of the faCUlty,M. Eugene Mullins, will teach Legisla­tion, Labor Law, and Research, Writingand Advocacy. Professor Mullins re­ceived the B.A. and J.D. degrees fromthe University of Kentucky and an MAin English from the University ofChicago. He is a member of Phi BetaKappa and Order of the Coif and heserved as Associate Editor of the Ken­tucky Law Review. Before joining thefaCUlty as an assistant professor, heserved as Associate Solicitor of theDivision of Mine Safety and Health ofthe U.S. Department of Labor.

First Annual ASU/UALR Schoolof Law Summer Program

On August 20, 21, and 22, the UALRSchool of Law, in cooperation with Ar­kansas State University, will presentthree courses designed to provide thegeneral practitioner with a review andupdate in specific legal areas. Thecourses to be offered are Basic Busi­ness Associations and Securities Reg­ulation for the General Practitioner,taught by Professor John Sheffey;Bankruptcy taught by Professor GlennPasvogel; and Income Tax for theGeneral Practitioner, taught by Profes­sor Fred Peel. f......

October 1980/Arkansas Lawyer/187

AICLE-ABA

FALL LEGAL INSTITUTE

SEPTEMBER 18-20, 1980

CAMELOT INN, LITTLE ROCK

INTRODUCING

ARKANSAS DOMESTICRELATIONS SYSTEM

Outstanding Two-Day

"CLE"SUBJECTS

lBB/Arkansas Lawyer/October 1980

Program Covering

Domestic Relations

Law And The System

Committee/Section" Roundup"Thursday Morning, September 18th

House of Delegates' MeetingSaturday Morning, September 20th

Arkansas v. Oklahoma StateSaturday Evening, September 20th

,

Arkansas Bar AssociationEXECUTIVE COUNCIL

President Phillip Carroll Secretary- W. Christopher Barrier720 West Third Treasurer 400 Gaines Place

(375-9131) Little Rock, AR 72201 (376-3151) lillie Rock, AR 72201

President-Elect James D. Cypert Chairman, YLS Louis B. JonesBox 869 Box 1421

(751-5222) Springdale, AR 72764 (633-7525) Forrest City. AR 72335

Immediate Past E. Harley Cox, Jr. Chairman, Executive Don M. SchnipperPresident P.O. Box 8509 Council 123 Markel(534-5221 ) Pine Bluff, AR 71611 (624-1252) Hot Springs, AR 71901

SOUTHERN BAR DISTRICT NORTHWESTERN BAR DISTRICTDennis Shackleford 1981 EI Dorado David R. Malone 1981 FayellevllleClint Huey 1982 Warren Thomas Ledbeller 1982 HarrisonFloyd Thomas, Jr. 1983 EI Dorado D. Mac Glover 1983 Malvern

CENTRAL BAR DISTRICT NORTHEASTERN BAR DISTRICTWebster Hubbell 1981 Lillie Rock Robert G. Serlo 1981 ClarendonGus B. Walton 1982 Lillie Rock Leroy Froman 1982 SearcyCharles Carpenter 1983 Lillie Rock Tommy Womack 1983 Jonesboro

LIAISON NON-VOTING MEMBERSChairman, LegalEducation Commillee Ben Core

P.O. Box 1446Fort Smith, AR 72901

Chairman, ArkansasBar Foundation Sld McCollum

P.O. Box 447Bentonville, AR 72712

Executive Director C. E. Ranslck400 West Markham

Little Rock. AR 72201

Delegate to AmericanBar Association Herschel H. Friday

2000 First National Bldg.Little Rock, AR 72201

Arkansas JudicialRepresentative Judge Gene Bradley

Box 106Blytheville, AR 72315

Executive DirectorAdministrative AssistantPublications AssistantMembership SecretarySection/Commillee SecretaryLawyer Referral Service

190/Arkansas Lawyer/October 1980

STAFFC. E. RanslckJudith GrayCarol Utley

Barbara TarkingtonTwyla GrantLisa Lewis

Arkansas Bar Association400 West Markham

Lillie Rock, AR 72201(501-375-4605)

HOUSE OF DELEGATESPresident Phillip Carroll Secretary W. Christopher Barrier

720 West Third Treasurer 400 Gaines Place(375-9131) Little Rock, AR 72201 (376-3151) Little Rock, AR 72201

President-Elect James D. Cypert Chairman, YLS Louis B. Jones, Jr.Box 869 Box 1421

(751-5222) Springdale, AR 72764 (633-7525) Forrest C~y, AR 72335

Immediate Past E. Hartey Cox, Jr. Chairman, Exec. Don SchnipperPresident P.O. Box 8509 Council 123 Market St.

(534-5221 ) Pine Bluff, AR 71611 (624-1252) Hot Springs, AR 71901

NON-VOTING MEMBERSPast Presidents

District NO.1John R. ElrodP.O. Box 580Siloam Springs, AR 72761Term Expires 1983

District NO.2Thomas D. LedbetterP.O. Box 637Harrison, AR 72601Term Expires 1981

District No.3Paul D. Gant630 BroadwayVan Buren, AR 72956Term Expires 1982

District NO.1 0J. Ray BaxterBox 71Benton, AR 72015Term Expires 1983

District No. 11William ReedP.O. Box 327England, AR 72041Term Expires 1981

District No. 12Jerry CavaneauBox 100Searcy, AR 72143Term Expires 1982

VOTING MEMBERS

District No. 19Jerry C. PostBox 2595Batesville, AR 72501Term Expires 1982

District No. 20Edward J. Cunningham701 S. Church SI.Mountain Home, AR 72653Term Expires 1983

District No. 21Edward Allen GordonBox 558Morrilton, AR 72110Term Expires 1982

District No. 25William C. BridgforthBox 8509Pine Bluff, AR 71611Term Expires 1981

District No. 25R. T. BeardBox 7808Pine Bluff, AR 71611Term Expires 1983

District No. 26Tommy WomackBox 1245Jonesboro, AR 72401Term Expires 1981

District No.4John S. PattersonBox 36Clarksville, AR 72830Term Expires 1983

District No.5William H. HodgeBox 606DeQueen, AR 71832Term Expires 1983

District No.6Glenn VasserBox 599Prescott, AR 71857Term Expires 1981

District No.7Oliver CleggP.O. Drawer AMagnolia, AR 71753Term Expires 1981

District No.8Samuel N. BirdBox 507Monticello, AR 71655Term Expires 1982

District No.9Thomas S. StreetmanDrawer "A"Crossett, AR 71635Term Expires 1983

District No. 13Jesse E. "Rusty" Porter, Jr.Box CWest Helena, AR 72390Term Expires 1983

District No. 14W. Frank MorledgeBox 924Forrest City, AR 72335Term Expires 1983

District No. 15C. B. NanceBox 1090West Memphis, AR 72301Term Expires 1981

District No. 16John B. MayesP.O. Box 406Blytheville, AR 72315Term Expires 1981

District No. 17Harry Truman MooreBox 726Paragould, AR 72450Term Expires 1982

District No. 18James A. McLarty209 Walnut SI.Newport, AR 72112Term Expires 1983

District No. 22G. William LavenderBox 1938Texarkana, AR 75501Term Expires 1982

District No. 22W. Kelvin WyrickBox 1836Texarkana, TX 75501Term Expires 1983

District No. 23Carl A. Crow, Jr.520 OuachitaHot Springs, AR 71901Term Expires 1982

District No. 23Richard S. Muse623 Central Ave.Hot Springs, AR 71901Term Expires 1983

District No. 24Norwood Phillips100 East ChurchEI Dorado, AR 71730Term Expires 1981

District No. 24Ronald L. Griggs431 N. WashingtonEI Dorado, AR 71730Term Expires 1983

District No. 26Paul Mark LedbetterBox 1346Jonesboro, AR 72401Term Expires 1982

District No. 27Boyce Davis115 South MainLincoln, AR 72744Term Expires 1981

District No. 27David HorneBox 599Fayetteville, AR 72701Term Expires

District No. 27Joe B. Reed26 E. CenterFayetteville, AR 72701Term Expires

District No. 28S. Walton MaurrasP.O. Box 43Fort Smith, AR 72901Term Expires 1981

District No. 28Bill ThompsonP.O. Box 818Fort Smith, AR 72901Term Expires 1981

October 1980/Arkansas Lawyer/191

District No. 28 District No. 29 District No. 29 District No. 29Robert E. Hornberger Robert M. Cearley, Jr. B. Frank Mackey, Jr. William R. WilsonBox 185 1014 West Third 1970 Union National Bldg. P.O. Box 71Fort Smith, AR 72901 Little Rock, AR 72201 Little Rock, AR 72201 Little Rock, AR 72203Term Expires 1982 Term Expires 1981 Term Expires 1982 Term Expires 1983

District No. 28 District No. 29 District No. 29 District No. 29William M. Cromwell Robert D. Ross Allen W. Bird, II Lonnie PowerBox 669 300 Spring Bldg. 720 W. Third Street 112 MidlandFort Smith, AR 72902 Little Rock, AR 72201 Little Rock, AR 72201 Little Rock, AR 72205Term Expires 1983 Term Expires 1981 Term Expires 1982 Term Expires 1983

District No. 29 District No. 29 District No. 29 District No. 29George N. Plastiras James A. Moody Tim Boe James R. Rhodes, IIIP.O. Box 3363 2200 Worthen Bank Bldg. 720 West Third 1591 First National Bldg.Little Rock, AR 72203 Littie Rock, AR 72201 Little Rock, AR 72201 Little Rock, AR 72201Term Expires 1981 Term Expires 1982 Term Expires 1982 Term Expires 1983

District No. 29 District No. 29 District No. 29 Law Student MemberRobert R. Wright William L. Owen Thomas L. Overbey Fayetteville Law School400 West Markham 400 Gaines Place 1091 First Nail Bldg. Kent JolliffLittle Rock, AR 72201 Little Rock, AR 72201 Little Rock, AR 72201 Fayetteville, ARTerm Expires 1981 Term Expires 1982 Term Expires 1983 Term Expires 1983

District No. 29 District No. 29 District No. 29 Law Student MemberThomas L. Carpenter R. Christopher Thomas James W. Moore UALR Law School807 West Third 1700 First National Bldg. 2000 First National Bldg. Michael CrawfordLittle Rock, AR 72201 Little Rock, AR 72201 Little Rock, AR 72201 Little Rock, ARTerm Expires 1981 Term Expires 1982 Term Expires 1983 Term Expires 1983

PAST PRESIDENTS' COMMITTEEJames B. SharpJoe C. BarrettA. F. HouseTerrell MarshallJ. L. ShaverJohn A. FoglemanWillis B. SmithW. S. MitchellOscar FendlerLouis L. Ramsay, Jr.Bruce T. BullionMaurice CatheyWilliam S. Arnold

BrinkleyJonesboroLittle RockLittle RockWynneW. MemphisTexarkanaLittle RockBlythevillePine BluffLittle RockParagouldCrossett

Chairman1943-441948-491951-521953-541958-591959-801960-611962-631963-641964-651966-671967-68

J. Gaston WilliamsonRobert L_ Jones, Jr.J. C. DeaconPaul B. YoungHenry WoodsJames WestJames B. SharpRobert C. ComptonHerschel H. FridayWaller R. NiblockWayne BoyceE. Harley Cox, Jr.

Lillie RockFort SmithJonesboroPine BluffLittle RockFort SmithBrinkleyEI DoradoLittle RockFayellevilleNewportPine Bluff

1968-691969-701970-711971-721972-731973-741974-751975-761976-771977·781978-791979-80

SECTION CHAIRMANCriminal Law Section Ralph M. Cloar, Jr.

1716 First National Buildinglillie Rock, Arkansas 72201

378-0106

Family Law Section Ben D. Rowland604-Three Hundred Spring

Little Rock, Arkansas 72201375-3384

Labor Law Section Tim Boe720 West Third

Little Rock, Arkansas 72201375-9151

Law Student Section Thomas DeMarcoUALR-Law School

Little Rock, Arkansas 72201

Natural Resources LawSection Searcy W. Harrell, Jr.

Box 777Camden, Arkansas 71701

836·5771

192/Arkansas Lawyer/October 1980

SaVings And Loan Section James W. Lance#800-300 Spring Bldg.

Little Rock, Arkansas 72201376-9997

Taxation, Trust & EstatePlanning Section Joe C. Luker, Jr.

1550 Tower BuildingLittle Rock, Arkansas 72201

375-9151

Workers' Compensation Section Norwood Phillips100 East Church

EI Dorado, Arkansas 71730862-5523

Young Lawyers Section Louls B. JonesBox 1421

Forrest City, Arkansas 72335633-7525

COMMITTEE CHAIRPERSONS 1980-81Antitrust & Trade Regulations Peter G. KumpeAuditing John L. JohnsonAutomobile "No Fault" Insurance Bobby McDanielBanking Law Martin GilbertBar Related Title Insurance Thomas D. LedbetterCameras In The Courtroom ....•.....Thomas M. CarpenterCivil Procedure William H. SuttonConstitutional Reform Phllip E. DixonConsumer Law William IsaacsCreditor's Rights Allen W. Bird, IIDesk Book Leroy FromanEconomics Of Law Practice James H. McKenzieEnvironmental Law Joe K. Hardin

Jerry RephanFederal Legislation & Procedures ..E. Charles EichenbaumGroup Insurance James M. MoodyHouse Committee Charles L. CarpenterInterest On Lawyer'sTrust Accounts Cyril E. Hollingsworth, Jr.

International Law M. Edwin Prud'HommeJudicial Council Liaison Charles L. CarpenterCommittee To StUdy Judicial Polls William R. Wilson, Jr.Judicial Nominations Albert GravesJurisprudence & Law Reform Terry Kirkpatrick

Juvenile Justice Standards Thomas M. CarpenterLaw Student Liaison William G. Myers

Donald BaconLaw School Committee James B. SharpLawyer Referral service Eugene J. MazzantiLegal Aid .......................•...........Joseph RossLegal Education Ben CoreCommittee On Legal services

For The Deaf Robert FussellLegislation Joe D. BellMalpractice Education Committee Walter DavidsonMaritime Law Gordon Rather, Jr.Committee On The Mentally Disabled L. Lynn HogueMinor Disputes Resolutions David HalePre-Law Advisors Milton CopelandPrepaid Legal services Harold H. SimpsonProbate Law Rlchard F. HatfieldProfessional Ethics & Grievances B. Frank Mackey, Jr.Public Information Samuel A. PerroniReal Estate Law Thomas A. BufordResolutions Wayne BoyceSpecialization & Advertising Tim BoeState & Federal securities E. Steve WatsonYouth Education For Citizenship , . , ..Barry Deacon

Arkansas Bar FoundationOFFICERS

Chairman

(273-2417)

Vice-Chairman

(853-5461 )

Treasurer

(972-1400)

Sidney H. McCollumP.O. Box 447

Bentonville, AR 72712

Herman L. HamiltonBox 71

Hamburg, AR 71646

Randall IshmaelP.O. Box 4096

Jonesboro, AR 72401

secretary

(376-4731)

Executive secretary

(375·4605)

Cyril HollingsworthBox 3363

Lillie Rock, AR 72203

Col. C. E. Ransick400 West Markham

Lillie Rock, AR 72201

DIRECTORSSidney H. McCollum 1981 Bentonville William A. Eldredge, Jr. 1981 Little RockHerman L. Hamilton 1982 Hamburg Joe D. Woodward 1981 MagnoliaRandall Ishmael 1982 Jonesboro Donis B. Hamilton 1981 ParagouldCyril Hollingsworth 1982 Little Rock A. D. McAllister, Jr. 1982 FayettevilleDouglas O. Smith, Jr. 1981 Fort Smith James B. Sharp 1982 BrinkleyDennis L Shackleford 1981 EI Dorado Neva B. Talley 1982 Little RockByron M. Eiseman, Jr. 1981 Lillie Rock Leroy Autrey 1982 Texarkana

EX-OFFICIO: Phillip Carroll President Boyce R. Love Past·ChairmanArkansas Bar Association Arkansas Bar Foundation

COMMITTEE CHAIRMENAwardsCourt StandardsFinanceHouseInvestment AdvisoryOral History

Sidney H. McCollumJohn P. Gill

John L. JohnsonCharles L. Carpenter

James B. SharpDavid Malone

Public EducationScholarships & MemorialsSelection of FellowsTrustsWriting Awards

Robert L. BrownDouglas Smith

William A. EldredgeBoyce R. Love

Robert R. Wright

October 1980/Arkansas Lawyer/193

LOCAL BAR ASSOCIATIONSARKANSAS ASSOCIATION OF WOMEN LAWYERSPresident Annabelle ClintonVice-President Betty AndersonTreasurer Gladys LucyRecording Secretary Jacqueline WrightCorresponding Secretary Frances HoltzendorffARKANSAS PROSECUTING ATTORNEYSPresident Mike KinardVice-President .. . . . . . . . . . . . . . . . . Dub BentleySecretary-Treasurer Robert EdwardsARKANSAS BLACK LAWYERS ASSOCIATIONPresident Eugene HuntVice-President Zimmery CrutcherSecretary Cassandra Wilkins-SlaterTreasurer Leon N. JamisonARKANSAS COUNTY BAR ASSOCIATIONPresident David HenryVice-President Malcom SmithSecretary-Treasurer Virgil MoncriefASHLEY COUNTY BAR ASSOCIATIONPresident Ovid T. SwitzerVice-President BiII JohnsonSecretary Gary DraperTreasurer Herman HamiltonBAXTER COUNTY BAR ASSOCIATIONPresident Ted H. SandersVice-President Norman WilburnSecretary Rick SpencerTreasurer. . . . . . Charles VandegriftBENTON COUNTY BAR ASSOCIATIONPresident Asa HutchinsonVice-President John ScottSecretary Georgia ElrodBLYTHEVILLE BAR ASSOCIATIONPresident John B. MayesVice-President Charles J. GardnerSecretary-Treasurer John BradleyBOONE COUNTY BAR ASSOCIATIONPresident Kandy Gregg WebbVice-President. Van T. YounesSecretary-Treasurer _ Ken ReevesBRADLEY COUNTY BAR ASSOCIATIONPresident H. Murray ClaycombVice-President Robert VittitowSecretary-Treasurer Stark LigonCARROLL·MADISON COUNTY BAR ASSOCIATIONPresident Alan D. EpleyVice-President Kent CoxseyCHICOT COUNTY BAR ASSOCIATIONPresident W. K. Grubbs, Sr.CLARK COUNTY BAR ASSOCIATIONPresident Herman Hankins, Jr.Secretary Don ChaneyCLEBURNE COUNTY BAR ASSOCIATIONPresident _.. _ Ancil M. ReedVice-President David HarrodSecretary Patrick GardnerTreasurer Earl N. OlmsteadCOLUMBIA COUNTY BAR ASSOCIATIONPresident Steve R. CraneVice-President Carolyn CleggSecretary-Treasurer Mike EpleyCONWAY COUNTY BAR ASSOCIATIONPresident. . . . . Nathan GordonVice-President. . . . . . . . . . . . . . . Edmund MasseySecretary-Treasurer William J. Cree

194/Arkansas Lawyer/October 1980

CRAIGHEAD COUNTY BAR ASSOCIATIONPresident Troy HenryVice-President David LandisSecretary-Treasurer Mike Gott

CRITTENDEN COUNTY BAR ASSOCIATIONPresident Clint SaxtonVice-President. . . . . . . . . . . . . . . . .. . Bill HightowerSecretary-Treasurer Ken Cook

CRAWFORD COUNTY BAR ASSOCIATIONPresident Marril HarrimanSecretary-Treasurer Steven PeerCROSS COUNTY BAR ASSOCIATIONPresident John KilloughVice-President DeLoss McKnightSecretary-Treasurer J. L. Shaver, Jr.FRANKLIN COUNTY BAR ASSOCIATIONPresident Gregory P. McKenzieVice-President _ Joe RamosSecretary-Treasurer James MainardFAULKNER COUNTY BAR ASSOCIATIONPresident William M. ClarkVice-President .Secretary-Treasurer Phil Stratton

GARLAND COUNTY BAR ASSOCIATIONPresident George M. CallahanVice-President Louis J. Longinotti, IIISecretary-Treasurer Bruce MacPheeGRANT COUNTY BAR ASSOCIATIONPresident John W. ColeVice-President Joseph W. SwatySecretary-Treasurer Harold KingGREENE-CLAY COUNTY BAR ASSOCIATIONPresident Oliver CoxVice-President Robert E. YoungSecretary-Treasurer Ronald Williams

HOT SPRINGS COUNTY BAR ASSOCIATIONPresident Lawson H. GloverVice-President William C. GilliamSecretary-Treasurer Chris WalthallINDEPENDENCE COUNTY BAR ASSOCIATIONPresident T. J. HivelyVice-President W. J. Ketz, Jr.Secretary-Treasurer Fay DilbeckJACKSON COUNTY BAR ASSOCIATIONPresident Steven G. HowardVice-President Stanley MontgomerySecretary-Treasurer Max O. BowieJEFFERSON COUNTY BAR ASSOCIATIONPresident Ted N. DrakeVice-President Kenneth B. BairnSecretary-Treasurer John RushLAWRENCE·RANDOLPH COUNTY BAR ASSOCIATIONPresident Murrey L. GriderLEE COUNTY BAR ASSOCIATIONPresident W. H. DaggettVice-President Carrold E. Ray

LONOKE COUNTY BAR ASSOCIATIONPresident Edgar ThompsonNAVADA COUNTY BAR ASSOCIATIONPresident James H. McKenzieVice-President Joe M. ForeSecretary-Treasurer .........•.... _ Barry Barber

J

NORTH PULASKI BAR ASSOCIATIONPresident Stephen MorleyVice-President . . . . . . . . . . . ....Basil HicksSecretary. . . . . . . Morgan E. WelchTreasurer. . . _ William RobinsonNORTH CENTRAL BAR ASSOCIATIONPresident . Stuart LambertVice-President Gray DillingerSecretary-Treasurer Dwayne PlumleyMARION COUNTY BAR ASSOCIATIONPresident . Michael E. KellyVice-President .Dale ShoupSecretary.. . Gary IsbellTreasurer . Kenneth R. SmithMONROE COUNTY BAR ASSOCIATIONPresident Dan KennettSecretary . . . . . . . . . . . . . . . . . . . . . . . . . . Steven ElledgeTreasurer Robert SerioNORTHEAST ARKANSAS BAR ASSOCIATtONPresident . Joe C. BooneVice-President. . . . . . . . . . . . . . . . . . . . . . Robert BrandSecretary-Treasurer .................•........ .william RossOSCEOLA BAR ASSOCIATIONPresident . . . . . . . . . Mike BeardenVice-President. . . . . . . . . . . . . . . . . . . . . . Lee FergusSecretary-Treasurer.. .. . .. .. . . Charles BanksOUACHITA COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . Hamilton SingletonVice-President Edwin A. KeatonSecretary-Treasurer Benton RollinsPHILLIPS COUNTY BAR ASSOCIATIONPresident Rusty PorterSecretary-Treasurer. . . . . . . . . . Harvey YatesPIKE COUNTY BAR ASSOCIATIONPresident Jimmy L. FeatherstonVice-President Phillip ClaySecretary-Treasurer James C. GravesPOINSETT COUNTY BAR ASSOCIATIONPresident L. D. GibsonVice-President Chuck EasterlingSecretary-Treasurer. .. . . . . . . .. . . . Michael EverettPOLK COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . . . . . . David MaddoxVice-President. . . . . . . . . . . . . . . . Bob KeeterSecretary-Treasurer. .. . .. . .•. . .....Patricia L. Tucker

POPE COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . . . . Robert W. HardinVice-President. . . . . . . Stephen C. GardnerSecretary-Treasurer .. .. .. . . . Ruth TealPULASKI COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . . . . . Guy Amsler, Jr.Vice-President Vincent W. FosterSecretary-Treasurer Frank SewellST. FRANCIS COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . . Bentley StorySecretary-Treasurer , Steve RoutonSALINE COUNTY BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .George EllisSecretary-Treasurer Richard MadisonSEBASTtAN COUNTY BAR ASSOCIATIONPresident . ..Harry A. FoltzVice-President Robert E. HornbergerSecretary John R. BeasleySOUTHEAST ARKANSAS LEGAL INSTITUTEPresident H. Murray ClaycombSecretary Bruce SwitzerSOUTHWEST ARKANSAS BAR ASSOCIATIONPresident. . . . . . . . . . . . . . . . . Ed McCorkleVice-President John Finley, IIISecretary-Treasurer , Talbot FieldTEXARKANA BAR ASSOCIATIONPresident James N. HaltomVice-President Nicholas PattonSecretary Robert LittrellTreasurer . Marshall MooreUNION COUNTY BAR ASSOCIATIONPresident . Bill McCleanVice-President David GuthrieSecretary-Treasurer. . . . . . . . . . . . . . . .. . Bobby ShepherdWASHINGTON COUNTY BAR ASSOCIATIONPresident David HorneVice·President Peter G. Estes, Jr.Secretary-Treasurer Joe ReedWHITE COUNTY BAR ASSOCIATIONPresident Clarence ShoffnerVice-President Don P. RaneyWOODRUFF COUNTY BAR ASSOCIATIONPresident. . . . . . T. 8. FitzhughSecretary-Treasurer Joe N. Peacock

ARKANSAS INSTITUTE OF CONTINUINGLEGAL EDUCATION

BOARD OF DIRECTORS 1980-81Robert K. Walsh(371-1071)

Marvin L. Keiffer(932-1120)

Phillip Carroll(375-9131)

James E. Cypert(751-5222)E. Harley Cox, Jr.(534-5221 )C. E. Ransick(375-4605)

UALR, Law School400 West Markham

Little Rock, AR 72201

McAdams TrustJonesboro, AR 72401

720 West ThirdLittie Rock, AR 72201

P.O. Box 869Springdale, AR 72764

P.O. Box 8509Pine Bluff, AR 71611

400 West MarkhamLittle Rock, AR 72201

Louis B. Jones(633-7525)Herman Hamilton(853-5461 )Sid McCollum(273-2417)David Epstein(575-5600)

Ben Core(782-0361 )EXECUTIVE DIRECTORClaibourne W. Patty

P.O. Box 1421Forrest City, AR 72335

P.O. Box 71Hamburg, AR 71646

Box 447Bentonville, AR 72712University of Arkansas

School of LawFayetteville, AR 72701

Box 1446Ft. Smith, AR 72902

400 West MarkhamLittle Rock, AR 72201

October 19S0/Arkansas Lawyer/1g5

'r'

Ifyou can't afford the price of a lawsuit,it's time to learn more about your Associationsponsored Comprehensive Lawyers Profes­sional and Business Liability Plan, including theexclusions, any reductions or limitations andthe terms under which the policy may be contin­ued in force. Just send the coupon below to theddministrator: Rather, Beyer & Harper.

1---------------------,I Please send me information for the Arkansas Bar Asso- II ciation sponsored Lawyers Professional and Business II Liability Insurance. Send to: II Arkansas Bar Association Administrator II Rather, Beyer & Harper II Suite 362, Prospect Building, II 1501 North University II Little Rock, Arkansas 72207 II Or call (501) 664-8791 II Name II II~= II II Address II Sl)Onsored tI $ II City hy; IY;~'''\ I

1< ~

I "'#-' ISlate Z ip ;TJ(~.~\ .• ..JL _

CNA and the Arkansas Bar Association haveworked together to come up with a compre­hensive program ofprofessional liability in­surance for its members that can help protectboth your financial and professional future.First, it helps to minimize the causes of liabilitysuits through loss prevention programs. Then,it provides financial protection to help guardyou against professional and business liabilitywith a maximum of$l00,ooo per claim($300,000 annually) after a deductible.

Think you need more? Supplemental pro­tection of$1 ,000,000 for business and profes­sional coverage is also available.

In view of the growing number ofclaimsand the vast amounts paid in settlement, thetime may come when the only practicing attor­ney will be a well-protected attorney.

It could be a big one! It's not uncommon forattorneys to be hit with suits by clients who feelbadly served. Whether the grievance is real orimaginary, the jury may be generous ... tothe plaintiff.

Are Von WillingTo Pay The Price?

r :,~,~:: "ll,,~ \'.--... \1'''-)' ... ~

- ~~,

ARKANSASBAR fOUNDA TION

In this constantly changing world itseems that many people are turningtoward restoration of old buildings, re­view of old methods, or tried and truemethods for doing things, and in somemeasure trying to hold on to the thingsof the past which we know somethingabout and with which we feel comfort­able. Think how many times we've leftchurch or other religious meetings andhave been told "hold on to what isgood".

Although we in the Bar Foundationare constantly looking for new and dif­ferent ways to improve and facilitatethe administration of justice and to bet­ter our profession, we also like to holdonto those things that are good and usethem for building blocks for the future. Itis this very idea or thought from whichthe Oral History Committee wasformed. As many of you know the OralHistory Committee was created to puton video tape, interviews with some ofthe elders of our profession, allowingthem to preserve for our successorsthe history of how the Bar Foundationand Association were formed in fact thevery history of our whole profession inthe State. Although the Oral HistoryCommittee has been active and wehave several such interviews on tape,this year we have decided to broadenthe scope of that committee and in fact,enlarge the committee itself quite a bit.If we have selected members from allportions of the State, and we are goingto ask each one of them to seek out andrecord for posterity all those famousstories of their own Bar Association orarea of the State, which bring the prac­tice of law alive and which will help usall in planning for the future of the pro­fession. Some people call this swap­ping old "war stories", but we're alsointerested in the way the Associationwas formed and the things that law­yer's have done for the community andfor the system of justice. By collectingall these stories from the varioussources around the State we hope tobring together a true history of the way

By: Sidney H. McCollumChairman

things have developed in our profes­sion in our State. We expect this to be avery active committee throughout theyear and Iknow they will provide some­thing that each and every one of us aslawyer's of the State will be proud of. Ifyou have a favorite anecdote, truestory, or fact of how our profession hasmoved forward through the years, con­tact David Malone at the Law School inFayetteville and let him know about it.He will chair the committee this yearand I am sure he will do his usual excel­lent job.

We will also hold on to some of theother "good things" which the founda­tion has done in the past, such as rec­ognize excellence in the professionand outstanding achievement in com­munity service by attorneys. We willcontinue to recognize and award excel­lence in legal writing and research, andof course we will continue to offer scho­larships to help those studying theprofession become better lawyer's.

In future reports as the year goes onwe will talk about the duties andresponsibilities of the other committeesof the Foundation but we'll also talkabout the new things that we want to tryto achieve. Through a series of pro­grams and seminars we hope to re­mind and bring home to each attorneyin the State that it is indeed a profes­sion which we are practicing and we'renot simply managing a business. Wehope that these will guide and inspireall of us to become more competent,imaginative, compassionate, patient,and most importantly, above reproachin our daily practice, in short to becomeprofessional.

We hope that all lawyers in the Statewill strive to become a fellow of theFoundation. Certainly not all of us cangive the thousand dollar contribution atone time, but each of us should con­sider that we owe a part of what wemake from the profession to the pro­fession. We can all start to give smallamounts so that finally when we doreach a total contribution of a thousand

dollars we can count ourselves amongthe fellows of the Foundation.

We hope as the year progresses wewill be able to show you the true valueof the Bar Foundation to you and yourpractice so that you will want to join usin improving Arkansas Jurisprudenceand the legal profession as a whole.

ALSTON MEMORIAL FUNDPhilip Graham Alston, senior law

clerk to Federal Judge J. Smith Henleyof the U.S. Eighth Circuit Court of Ap­peals, died recently. His obituary ap­pears In Memoriam in this issue ofTheArkansas Lawyer.

The Philip G. Alston MemorialFund has been established with theArkansas Bar Foundation. When theFund reaches $1 ,000, he will be enrol­led in the Memorial Border at the Ar­kansas Law Center-our WestministerAbby concept. When the Fund reaches$5,000, a permanent Law Scholarshipwill be set up in his memory.

As of July 25, 1980, contributionshave amounted to $727. Such contri­butions are tax deductable. Beautifulmemorial cards, covering contribu­tions, are sent to the family.

Checks should be made out to theArkansas Bar Foundation, 400 WestMarkham, Little Rock, AR 72201~

LAW OFFICE FOR SALE

Law Office For Sale 1800 sq. feetbuilding, heating and cooled.Beautiful and functional (1974).Fully equipped-1 V2 baths­built-in fireplace. Could live in.Excellent opportunity.CONTACT:JUDGE-ELECT

Donald L. Corbin116 MainStamps, AR 71860PH: 921-4262

October 1980{Arkansas Lawyer/197

LAW SCHOOLRE-VISITED

by Wayne Boyce

Law School CommitteeArkansas Bar Association

"So you want to know what's goingon at Law School these days?"

Fizz settled back comfortably in thered leather chair in his study. I could tellhe wasn't about to give me a shortanswer.

"There are a lot of new things goingon and..." he paused to set fire to thepipe he had been loading, "there are alot of old things being done in newways, but it was somewhat reassuringto me to see there were still quite a fewthings unchanged in this ever changingworld."

Fizz seemed pleased. Whether itwas with law schools or with the pipe henow had turning a thin blue smoke overhis left ear, I wasn't sure.

"I hadn't been back to law schoolsince I graduated over a quarter of acentury ago. Oh, I had been to re­ceptions and seminars and used thelibrary from time to time, but I hadn'treally looked at a law school since theChief Justice raised so much sandabout incompetent lawyers who didn'tknow how to try a law suit. I never like tohear lawyers criticized but the Chief nodoubt had a point. Recently a graduateof Duke Law who had been practicingseveral years told me the first time hewas ever in court he was the lawyer forone of the parties. I could laugh withhim because the same thing happenedto me."

"But sir," I interjected, "I thought lawschools were only supposed to teachthe fundamentals, the cases, the philo­198/Arkansas Lawyer/October 1980

sophy of the law and leave practicalmatters to the graduate to learn on hisown."

"No longer true," Fizz replied. "Youwould just have to see as I did to appre­ciate the difference in law school thesedays."

Fizz was a member of the ArkansasBar Law School Committee chargedwith inspecting the law schoolsperiodically as a Board of Visitors tosee what the schools problems are andto determine what the organized barcan do to help.

"I'll tell you what's going on atFayetteville first for no better reasonthan the Committee visited Fayettevillefirst," he said.

"Speaking of first-the first thing onenotices on the law campus these daysis girls, girls, girls. I was prepared formore than the traditional one womanlaw student of my day, but not for theoverwhelming number of women stu­dents I found. Over one-third of thestudents are female. It certainly makesa better looking student body, but Icouldn't tell that it made much of a dif­ference beyond that. Too subtle for meif it did."

Fizz shifted slightly in his chair toavoid a late afternoon sunbeam thathad suddenly found its way past themagnolia on the lawn and through thestudy window to refiect off his hornrims.

"The newest thing at Fayetteville isnot girls-they have been around agood while by now, I suppose-thenewest thing is the new Dean. When Iwas in law school, I thought Dr. Leflarbecame Dean about the time of thefounding of the Republic and I fully ex­pected him to continue for at least amillennium. Recently law schoolsseem to change Deans with about thesame frequency that the Methodistschange preachers."

"Tell me about the new Dean­what's he like."

"David Epstein is a young man with alot of energy. He impresses me assomeone who is really intent on makingFayetteville one of the country's out­standing law schools, and given theproper support and money I think hewill. He has an excellent background inlegal education and a wide ac­quaintance among the best lawteachers in the nation. I believe he canattract to FayetteVille the kind of in­structors and professors who will makethe most of the excellent physicalfacilities. He's enthusiastic aboutteaching law and best of all he has asense of humor,"

"Come on now, Fizz, a Dean with asense of humor-Why that's a con­tradiction in terms," I remonstratedgently.

"Well Dean Epstein has one any­way, The telephone in his office rangwhile we were visiting. After listeningbriefly, he left the room. When he re-

turned, he explained that the call hadbeen from the office of PresidentBishop where they had just received areport that some law students plannedto burn an Iranian flag in front of theStudent Union. 'I just told the law stu­dents in the lounge that if any of themhad that in mind to please identifythemselves as Agri students if they gotcaught'."

"The big thing in law schools today isClinical Education. Teach the studentshow to practice law. Professor CarltonBailey has a good program going atFayetteville, working out courtroomsituations with the students."

"00 you think this will answer Bur­ger's criticism that a majority of the triallawyers don't know how to try acase?"

"Weill certainly think it is a step in theright direction. Prof. Bailey pointed outthat there is still a debate going onwhether it is better to use hypotheticalsituations in a controlled moot court orto put the law student into actual prac­tice with the guidance of a triallawyer-the legal clinic situation thathas been used at Fayetteville some inthe past. Prof. Bailey is using theformer exciusiveiy for the time being."

"The new thing that really appealedmost to me at Fayetteville is a course in'How to Write an Answer to a LawExam' taught by Big AI Witte andothers. If I had had the benefit of BigAI's course, I'm sure it would have im­proved my grades a notch or two."

"What's new at Little Rock?", Iasked.

"It's all new at Little Rock. The trou­ble is a lot of people still think of legaleducation at Little Rock in terms ofJudge Carmichael's Night School.They don't realize what a tremendousjob Dean Robert Walsh and othershave done in making this into a firstclass, full time, fUlly accredited lawschool. The American Bar Associationknows it and the Association of Ameri­can Law Schools knows it becausethey have both given their stamp ofapproval."

Fizz seems to be warming to his sub­ject.

"The real stunner at Little Rock is theTrial Advocacy course that SteveGoldberg runs. We got to see a mootcourt trial in progress and I wasamazed at the professional way thestudents were conducting themselves.The Law School uses the Old FederalBuilding on Second Street where theArmy Recruiting Office was and beforethat where the federal court sat formany years. The courtroom has been

restored, but even better, the gallery orbalcony area at the rear of the roomhas been fitted with sound-proof glass.We were able to sit in the gallery andsee the trial in progress, hear the stu­dents over speakers, and talk witheach other and our guide without dis­turbing the participants in the trial."

"This is light years away from the oldfashioned Trial Practice course taughtout of a case book. Not only does Prof.Goldberg have a rich background ofexperience as a trial lawyer, he hasinvolved Little Rock lawyers in the pro­gram. These practicing lawyers workwith the students in preparation of thecase and then critique them when it'sover." .

"In addition to the student work In thecourtroom, Dean Walsh has arrangedfor various courts to try actual cases inthe old courtroom observed by stu­dents and teachers from the gallery."

"I haven't seen all the law schools inAmerica but I'll bet this particular one isunique."

"You mean they've got the wholeLaw School in the Old Federal Build­ing?"

"By no means, although you wouldbe surprised how much room is in thatold building. No, most of the class­rooms are a block away in the ultramodern, steel and glass, high-rise wingof the Arkansas Bar Center. It's quite acontrast between the new and the old. Isat in on one of Prof. Robert R. Wright'sclasses. He's the Donaghey Distin­guished Professor, former Dean ofOklahoma Law School, and an exam­ple of the really fine faculty that DeanBob Walsh has put together at LittleRock. He also has former ArkansasDean Ralph Barnhart teaching. Why,the place is practically crawling withDeans."

Fizz laid the extinct pipe in an over­size ashtray and reached for the elec­tric coffee pot sitting beside it on thetable.

"You know, all a Law School is isteachers and books and they have thetops in both at Little Rock. The PulaskiCounty Law Library is housed on thethird floor of the Bar Center overlookingthe Arkansas River. I told Head Librar­ian Ruth Brunson that I found it hard tostudy in her library because I was dis­tracted by all that beautiful expanse ofArkansas scenery every time I lookedtoward the river. She suggested I studyin one of the cubicles at the other end ofthe room."

Small steam rose from the mug ofcoffee Fizz pushed toward me.

"How come the Pulaski County Law

Library is housed so conveniently nearthe law students?" I asked.

"Like a lot of good things", Fizz re­plied as he stirred sugar into his coffee,"it's a result of cooperation betweenthe Bar and the Law School. Just likethat unpronounceable acronymAICLE-the Arkansas Institute of Con­tinuing Legal Education-Dean Walshmade it possible for Assistant DeanClay Patty to spend half his time asDirector of the Inslilute. Last year over1300 lawyers got some post graduatelegal learning because of the coopera­tion between Bar and Law School."

"But you were asking what's new atLaw School. The newest thing is com­puter research. I don't know exactlyhow Dean Walsh worked it out but hegot a group of Little Rock lawyers toform a consortium to help underwritethe expense, located the computerright inside the library where the staffcan supervise it and where faculty, stu­dents and lawyers have ready accessto it. You type a question on thekeyboard and the computer at WestPublishing Company's home office inMinneapolis searches the cases andputs the citations on a TV-like screen. Itisn't ever going to replace lawyers, butit sure is going to take a lot of drudgeryout of legal research."

Fizz cradled his coffee mug in bothhands, and gazed musingly out thewindow. "It seems to me that BobWalsh is one of the best things to hap­pen to legal education in Arkansas in along time. He has accomplished won­ders at UALR Law School in the lastfour years and, the best of all, he un­derstands that a law school doesn'tfunction in a vacuum. Not only has hebrought in speakers of national note,he has utilized the facilities of theschool for the betterment of the Bar andthe people in general."

"I wish I had time to hear more", Isaid as Iset my empty cup on the table.

"Much better than hearing about thelaw schools from me would be to gosee for yourself. I happen to know thatboth Dean Walsh and Dean Epsteinare proud of their schools and love toshow them off, particularly to Visitinglawyers. It might be a good idea to callahead a day or two so they can makesome arrangements for your visit butby all means go see what's going on.The name of the game may not havechanged but there sure are some dif­ferences in the way law schools oper­ate today. Changes for the better, too,"Fizz added as he walked with me to the

door. '-"

October 1980/Arkansas Lawyer/199

PHOTOHiqhlights

ARKANSAS BAR ASSOCIATION82ND ANNUAL MEETING

JUNE 4-7, 1980HOT SPRINGS, ARKANSAS

200/Arkansas Lawyer/October 1980

October 1980/Arkansas Lawyer/201

ARKANSAS BAR FOUNDATIONANNUAL BANQUET

JUNE 4, 1980HOT SPRINGS, ARKANSAS

PHOTOHiqhlights

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:ea=5:Of~QIjwy~ .biIn llWIiiIJII'af IIIN IIII...... RlnIocr Dill tJl1lC11lkN1 for II • ~ HI

hilt tlIlrumJnIIIln I IiitllltillII IUiIIl III .........,...=.. Old guiding tha leg',' M:u1 IinIugh COIIgrmUpon ..........11 from tha AlIIJrie'''ln In 11188, .. _............... RurII EIecliIIlcallon" lit a W..lIIl1gllln din­.._111111 br tha IaII Hubeit H. Humphrey.

FnJ!n 1871 D 1mMr. EII8__..an aldeDtha..811.. Jotln L McCIIIan Old WIll a eenIor AgiIcuIbnDepa;tmeatadviIIr from 1m unllllIIs 'elli6l1lll1t In AuglIII1m.... aultIontd"A GIanI_"1n 1988. a boc* dItaIIngthalllllhocl brwhldltha nnJ poMr~I..m WlII auItlllitI8dandbla

Mr. EII8 _ born .... o.teId In Bel... County onDIIoImber21. 1908D Cec:II O. and Mnerva Taylor EII8. HInIClMId Ills b8cheloni degnIe from the~ 01 Ailcan­... and aIlIo stlded .. Geoige W81hiigb.l.kWer8lly andAmerIcan UMiIllllty lit W..lIIl1l1klli.1n 1929, .. 18lum8dDGartIeldDact............ItoIschooIlI and In 1933wasadmillild D the AItanIas Bar. He pradIced law InIt at Ger·fteId and then at Belillln~.

At the age 01 23... WIll III cted D the IIat8 Houlie 01Reprlll ItalIww and two yeers later ..was III cl8cl D thesenate. In 1938," defeated Incumbent Qaud A. Fuller ofEureka SprIngs to become Unlte<t Statee Reprellntatlvefrom the Third DIstrlc:t. Nearing the end of hlsll8COl1d tenn,he ran lor the Senate In the 1942 primary, coming In thirdbehind John L McClelland and Jack Holt.

Mr. EIlI8 was a former director lor the Arnerk:an InslItute 01Co-operatives and of the Agricultural Hall of Fame. He was aMallon and a member of the Church of CIviIt, the·ArkansasandAmerlcan BarAssociations, Tau Kappa Alpha, Blue Keyand Washington Cosmos and Congressional CountryClID.

He Is survived by his wife, Mrs. C8mi1e Waldron FItzhughEUis of Chevy Chase, Md., formerly of Walnut Ridge; twodaughtenI by a former marriage, Mis. PatrIcia MartIn 01ColumbIa, Md., and Mrs. Mary Duly of Fayetteville; twostIIp-sons, Jim Fitzhugh of Chevy Chase and Davis Rtz­hugh of LIttle Rock; two brothers, Lloyd Ellis of WestAlameda, Cal., and Vaughn Enls of GarIleld; five sisters,Mrs. Cora Clade 01 WheaUand, Wyoming, Mrs. DorothyRoss of Garfield, Mrs. Margaret Story of Sunland, Calif.,Mrs. Jane Ransom of Arlington, Va., and Mrs. lm1a JeanWalker of Midwest City, Okla., and four grandchildren.202/Arkansas Lawyer/Oclober 1980

dIid 2" ......-'..1.. .AIIa,nl...a.......lewlnbolland Iftirtlnft~Nirlce. and FIImit!D In""IlI'" ....NllI~.lt ..B.SAA.1n 1134from Park

021 II ind .. :::::I:.MIa I and In 1955 ..gnIdI P,lI tam~ t)sIu.... Sd100I 01 Law.HI_ adlll.edD"Tw. III I Bar In 1955 and D thel)IIId SlIM Tax Court In 1t70.

Mr. fleming ... II IIIIl'IlbeI 01 tha c..iCIII. County Bar,tlll)l;'ltIl1t1, Shelbr County Bar ," .. no I "an. AtUi I"BarAll tJtM1Ioi.. Tw." 11II B8r AIICldaIIan and the AmerlcanBar Aleodation. He had been WI actIYe trIIII1ber of theAtIcat I"Bar j& IIIlCfatIon far the p8It nine yeera. He was a".,.. of World War II and II IlI8I11ber 01 the Calvary EpII­coplII Cludlln _lIpllll.

Mr. F1e"tiIl11"lIlMved bv his .......... Bzabe4h F1em­Ing; two daughIln, Mrs. AIJdty Hell and .... JeanelI8Crawbd bolh of Mempllls; two sons. JIrMs E. FIen*1g, Jr.01 Clevellnd. Tw,"II I II; and EIdnI B. CnlwIord 01 Mem­pilla; two brothenI. W111am T. FlemIng 01 Cleerwater,FIorlda, and Joe W. FIen*1g of Fa,.......;two listers, Dr.Ruth Flemilll 01 San Ffanclsco, CaIfomIa, and Mrs. DorIsHays of Clemwater. FlorIda; and eight grandchlldnln.

JOHN OWENS MOORE, SA.'Promlnent Texarkana lawyer John Owens Moont, Sr.,

aged 54, dlecI Sunday, May 18, 1980. He was a formermemberof the state Houle of Representativell and the stateSenate.

He served in the House of Rep! BBBntatlww from 1956 to1980 and the state senate from 1980 to 1964. Mr. Moontgraduated from Dartmouth CoIege at Hanover, New Hamp­shire and recei'lIed his lawdeglee from Washi Igton and LeeUnIversIty at Lexlnglon, VIrgInia.

He was a membeI of the Amerlcan Bar AssocIaUon, WestVirgInia Bar AssoclaUon and the Arkansas Bar AssocIaUon.Mr. Moore joined the Arkansas Bar AssocIaUon in 1954 andserved for many years on severaJ of the Association's com­mlltUI. He was a V8teran 01 World War II and a Presbyte­rian.

Survivors are his wife, Mrs. zelle Holman Moore; twosons, Marshall and John O. Moore, Jr., both of Texarkana;two daughters, Mrs. Margo Strickland of Nashville, Tenn.,and Mrs. Missy Parks of Dermott; his mother, Mrs. MarshallA. Moore of Montgomery, W. V.; a brother, James M. Mooreof Ravenswood, W. V., and a grandchild.

PHILIP GRAHAM ALSTONPhilip Graham Alston, aged 62, of Little Rock and Harri­

son, died Saturday, May 31, 1980, after a long illness.Mr. Alston was a lawyer and served as law clerk to the late

federal Judge Harry J. Lemley of the Eastern District ofArkansas from 1948 to 1958. From 1958 to 1975 he servedas clerk for federal Judge J. Smith Henley of the UnitedStates Eighth Circuit Court of Appeals. He was senior lawclerk to Judge Henley from 1975 until his death.

A native of Texarkana, Mr. Alston received his law degreefrom the University of Arkansas at Fayetteville and wasadmitted to practice in Arkansas in 1940. He first served as aspecial attorney for the federal Justice Department's LandDivision. He also served as an assistant United States attor­ney for the Western District of Arkansas before enteringthree years of private practice in Texarkana. From 1946 to1948 he was Texarkana city attorney. His law partner hadbeen federal Judge Henry Woods now of Little Rock.

Mr. Alston anonymously authored an informal newslettercalled "The Fulminator". He used the newsletter to sat­irically depict local political personalities and events.

He is survived by a son, Philip G. Alston, II of Fort McClel­lan, Ala., and a granddaughter.

A, GENE SYKESA. Gene Sykes, aged 63, of N. Little Rock, a lawyer and

former state insurance commissioner, died Sunday, June15th. He had recently retired as chief attorney for the stateAlcoholic Beverage Control Division.

In September 1970, the late Governor Winthrop Rockefel­ler appointed Mr. Sykes, a veteran insurance executive, asinsurance commissioner. He served in that position untilresigning to enter private law practice in September 1972.He graduated from the Little Rock Junior College and re­ceived his law degree from the University of Arkansas.

In 1972, he joined the law firm of Kemp and Whitmore andworked as assistant city attorney during the time Joseph C.Kemp was Little Rock city attorney. He became vice­president of First Pyramid Life Insurance Company in 1974.In the same year, Mr. Sykes was elected president andchairman of the Board of Eden Isle Corporation, owner of aresort and residential development of First Pyramid. Hejoined the state Alcoholic Beverage Control Board as chiefattorney in 1978.

Mr. Sykes was a veteran of World War II and was recalledto active duty during the Korean War in 1951. He was a firstlieutenant in the Army Judge Advocate General's Corps. Helater was a captain in the Army Reserve.

He was a member of the First Presbyterian Church atNorth Little Rock and served on the vocations committee ofthe Presbytery of Arkansas-Union. He was a member of theBoard of the Good Shepherd Ecumenical RetirementCenter and had been a Board member of the Family ServiceAgency of Pulaski County. Mr. Sykes was a member of theKappa Alpha social fraternity, Phi Theta Kappa scholastichonor society, Delta Theta Phi legal fraternity and the Ar­kansas Sheriffs Association. He was a member of thePulaski County Bar Association and the Arkansas Bar As­sociation. He was also a member of the Elks Club of NorthLittle Rock, the Blue Goose International Insurance Frater­nity and the Optimist International.

Mr. Sykes is survived by his wife, Mrs. Faye Cook Sykes;a son, Clayton E. Sykes of Albuquerque, N.M., and twosisters, Mrs. Edell Thompson of Blytheville and Mrs. DellaFaye Corkran of Phoenix, Arizona.

JOHN MORTON LOFTONJohn Morton Lofton, aged 75, of 3934 South Lookout in

Little Rock, died Thursday, April 17, 1980.He had been a lawyer for the past 51 years and a member

of the Arkansas Bar Association since 1953. He was also amember of the Pulaski County Bar Association and a formerPresident.

Mr. Lofton was a member of the Trinity Episcopal Ca­thedral in Little Rock.

He is survived by a daughter, Mrs. Edward L. Wright, Jr. ofLittle Rock and a grandchild.

JAMES HERBERT MOODYRetired lawyer James Herbert Moody, aged 73, of Bald

Knob, died Thursday, May 8, 1980.He was a former White County judge from 1938 to 1942.

During his term as judge, he established the White CountyLibrary and the White County Health Department, both lo­cated at Searcy. Mr. Moody served in the state House ofRepresentatives from 1950 to 1960 and was prosecutingattorney from 1942 to 1950. He was also a former mayor ofBald Knob and owner of the Bald Knob Telephone Com­pany.

Mr. Moody was a member of the Bald Knob Country Club,the Arkansas Bar Association and a Mason. He was a vete­ran of World War II and a member of the First UnitedMethodist Church at Bald Knob.

He is survived by his wife, Mrs. LaDelle Honea Moody,and a brother, Harold Moody of Atkins.

TALBOT FEILD, JR.Former state representative Talbot Feild, Jr., aged 67, of

Hope, died Sunday, May 11.A native of Hope, Arkansas, he was a graduate of Hope

High School and the University of Arkansas at Fayettevilleand received his law degree from the University of ArkansasSchool of Law in 1941.

Mr. Feild served in the state legislature for 22 years, Whileserving, he was speaker pro tempore and chairman of theRules and Revenue and Taxation Committees. He was amember of the Legislative Council and National Conferenceof State Legislative Leaders. He was a member, director andsecretary of the Pioneer Washington Restoration Founda­tion, past director of the Hope Chamber of Commerce andCommittee of 100, the Hope industrial development group.

Mr. Feild was past president and secretary-treasurer ofthe Hempstead County Bar Association and secretary­treasurer of the Southwest Arkansas Bar Association. Hewas a member of the Arkansas Bar Association for 38 yearsand served on several Bar Association Committees. He wasa member and past senior warden of the St. Mark's Epis­copal Church and president of the Full Gospel Business­men's Association. For more than 10 years, he was the localRed Cross chairman. Mr. Feild was a veteran of World WarII.

Survivors are his wife, Mrs. Carlene Bruner Feild; adaughter, Miss Anna Catherine Feild of Hope; and a sister,Mrs. Hattie Ann Byrd of Texarkana. I.,

October 1980/Arkansas Lawyer/203

DIVERSITY OF TOPICSHIGHLIGHTS THIRD YEAR

OF OPERATIONThe Arkansas Institute for Con­

tinuing Legal Education (AICLE) hascompleted its third year of operation.During the past year the number ofprograms, the diversity of topics andthe overall attendance by the bar haveshown a marked increase. Statisticallyspeaking AICLE directly sponsorednine different programs, seven in LittleRock and one at Arkadelphia. A total of99 lecture (demonstration) hours werepresented to approximately 1430 regis­trants, or an average of 159 registrantsper program-session. This averagerepresents an increase of approxi­mately 18% over the previous year inwhich there were 135 registrants perprogram-session. The number of dif­ferent program presentations in­creased 28% over the previous year.The committees and sections of theBar which have been involved duringthe past year are as follows: the Credi­tors' Rights Committee; Real EstateLaw Committee; Young Lawyers Sec­tion; Taxation, Trusts and Estate Plan­ning Section; Criminal Law Section;Probate Law Committee; Labor LawSection; and Anti-Trust & Trade Regu­lations Committee.

As I have stated previously, bynecessity (and now by tradition) AICLErelies on the members of the ArkansasBar Association to patronize the vari­ous CLE presentations during the baryear not only as registrants but also tovoluntarily participate as programplanners, chairmen or moderators, lec­turers and panelists and authors ofcourse material with little or no hon­oraria and minimal reimbursement ofpersonal expenses only. On my ownbehalf and on behalf of the AICLEBoard, I wish to thank the leaders andthe members of the Arkansas Bar As­sociation for their direct support andparticipation in AICLE programs aswell as those who have indirectly sup-

204/Arkansas Lawyer/October 1980

AICLE NEWSby Claibourne W. Patty, Jr.

Executive DirectorArkansas Institute of

Continuing Legal Education

ported the programs by providing inputand suggestions for their improvementas well as the presentation of ideas fornew programming. The leadership ofthe Bar has supported strong Bar sec­tion and committee activity in the CLEarea, and the sections and committeesas indicated above have respondedoverwhelmingly. The membership ofthe Bar has responded by enthusiast­ically participating in the various pro­grams as faculty or planners as well asproviding overwhelming attendance asregistrants. The two cosponsoring lawschools, the University of Arkansas inFayetteville and the UALR School ofLaw have provided leadership andprogram planning through their respec­tive deans, and more importantly haveprovided generous faculty support asprogram participants. In addition, theUALR School of Law continues to pro­vide housing for AICLE as well as thesalaries for the Executive Director andhis secretary. In this sort of climateAICLE can not help but thrive and growto meet the challenges for continuinglegal education in the future. The Barmembership will continue to benefit bythe availability of quality CLE programson a variety of topics, basic and ad­vanced, at registration costs modest bynational comparison.

"NUTS AND BOLTSTAX AWARENESS WORKSHOP"

TO BE AN ANNUAL EVENTThe Second Annual Tax Awareness

Workshop for the general practitioner,cosponsored by AICLE and the Taxa­tion, Trusts and Estate Planning Sec­tion of the Arkansas Bar Association;was presented at the Camelot Inn inLittle Rock on April 25-26. The generaltopics concerned the use of trusts inestate planning for non-tax orientedlawyers. The particular subjects dis­cussed under this general topic werethose with which most practitioners areinvolved at some time such as: maritaldeduction trusts, generation-skippingtrusts, life insurance trusts-revocable

/and irrevocable, trusts for minors, Clif­ford trusts arrangements, propertylease-back trusts, revocable trusts ingeneral as well as a panel discussion ofthe statutory power of fiduciaries, prac­tical aspects of trust administration,selection of trustees and income taxa­tion of trusts.

As stated previously the purpose ofthese workshops is to provide "aware­ness" of the tax aspects of variousareas in which most attorneys practicewith some regularity. The objective is togive the participants in this program anidea of the tax aspects involved, someof the general theory behind the tax lawapplicable and points to consider inrepresenting their clients without tryingto make tax specialists out of them.

Since the response to these pro­grams have been so favorable theTaxation Section is now working on a1981 tax awareness workshop whichwill be concerned mainly with basic in­come tax considerations of corpora­tions, partnerships and other businessentities. Once again the program is notdesigned to make a tax specialist out ofthe general practitioner, but to merelypoint out the basic income tax consid­erations and the common pitfalls to beavoided in connections with represent­ing clients who are in business or thebusiness entities themselves. Thisprogram is scheduled to be held in lit­tle Rock at the Camelot Inn on May 1-2,1981, and more information on theprogram will be sent to the Barmembership early that year.

SECOND ARKANSAS COLLEGEOF TRIAL ADVOCACYFULLY REGISTERED

The Second Annual Arkansas Col­lege of Trial Advocacy, jointly spon­sored by AICLE, the UALR School ofLaw and the Arkansas Trial LawyersAssociation was conducted in LittleRock at the Old Federal Building forfive days beginning May 11 and endingMay 15. Once again this program waslimited to 36 registrants, and it was de-

signed primarily for practicing attor­neys with zero to five years of trial prac­tice experience. The College stressedtechniques and information designedto enhance the practical knowledgeand to sharpen the courtroom skills ofthose attorneys who attended. Thecourse included lectures, demon­strations and workshops conducted byhighly qualified teams of experiencedtrial practitioners and law professorsand they covered such topics as directand cross-examination of witnesses(expert and lay), adverse examination,opening statement and closing argu­ment, use of demonstrative evidenceand foundations-impeachment.

The workshop leaders were ThomasJ. McNamara, Esq., Grand Rapids,Michigan; Professor Steven H.Goldberg, UALR SChool of Law; andjoint workshop leadership by Phillip E.Kaplan of Little Rock and John Forsterof North Little Rock. In addition therewas a demonstration trial on Sundayafternoon May 11, ably tried by ScottBaldwin, Esq., Sidney S. McMath,Esq., and Professor James Jeans forthe plaintiff and Winslow Drummond,Esq., Thomas J. McNamara, Esq., andHilary Rodham, Esq. for the defendant.

Once again this course met with amost enthusiatic response by those at­tending, and plans are now underwayto conduct a Third Annual ArkansasTrial Advocacy College. Some consid­eration is aiso being given to present­ing a trial course at a more advancedlevel on one or more topics which mightbe of interest to seasoned trial practi­tioners.

ANTITRUST SEMINARRATED EXCELLENT

BY THOSE ATTENDINGA program entitled "Antitrust: An

Overview For The General Practi­tioner", jointly sponsored by AICLEand the Committee on Antitrust andTrade Regulation of the Arkansas BarAssociation was presented at theCamelot Inn in Little Rock on Friday,May 23. James M. Simpson, Jr. wasthe program chairman and he, aiongwith Peter Kumpe, the chairman of theAntitrust Committee, introduced theprogram and provided the statutoryscheme. The main speakers werethree well known specialist in this areaand included: Stephen D. Susman ofHouston, Texas, who spoke on the sub­ject of agreements between competi­tors and monopolization; Landon H.Rowland of Kansas City, who spoke onantitrust problems in the distribution ofgoods and services (exclUding Robin­son-Patman); and Charles T. Newton

of Houston, Texas, who spoke on thesubject of pricing under Robinson­Patman.

The genesis of this program was thatthe Committee on Antitrust and TradeRegUlation decided during the im­mediate past bar year to put on this sortof program as its major project. A datewas obtained when space was avail­able, the speakers were contacted andthe program put together and pre­sented to the Bar within a six monthperiod. Not only that but it was defi­nitelya "quality" program with first ratespeakers that otherwise would only beavailable to those peeple who at greattime and expense would want to travelto one of the major !-Ities in the UnitedStates to attend such a program beingpresented by a National CLE organiza­tion such as ALI-ABA or PLI. This sortof cooperation between AICLE and acommittee of the Bar Association israpidly becoming the rule rather thanthe exception to CLE programming inArkansas. Normally we plan wellahead for such significant programs asthe Fall Legal Institute and the MidyearMeeting and on a year to year basiswith such annual programs as thePractice Skills Course, Arkansas-Fed­eral Tax Institute, Annual Labor LawInstitute, and the Annual Tax Aware­ness Workshop. Increasingly however,there seems to be a demand for suchspecialized subjects as the field of Anti­trust or other subjects of more generalinterest which either a particular com­mittee or section of the Bar wishes tosponsor or determines by survey, orthe committee or section is contactedby AICLE to take on a particular pro­gram as a project. As we approach theday when either manditory continuinglegal education or some variation of it isthrust upon us, we will at least have themechanism to generate a sufficientnumber of programs on different topicsto allow the Bar membership to acquirea sufficient number of credits on differ­ent CLE subjects at a minimum of timeand expense on their part. At any ratethe Committee on Antitrust Law de­serves the credit for determining aneed to present a short seminar on ahighly specialized topic which would beunderstood by the general practitionerand putting to program together to bepresented within a given bar year.

"DOMESTIC RELATIONS SYSTEM"TO BE PRESENTED

AT FALL LEGAL INSTITUTEThe Domestic Relations System,

edited by the Family Law Section,chaired by Ben Rowland of Little Rock,

will be available for the first time toregistrants at the Fall Legal Institute tobe held at Little Rock at the CamelotInn on September 18-19. The two dayprogram itself is tailored around thesystem and features four well knownspeakers on family and matrimoniallaw who include, Joseph N. DuCanto ofChicago discussing property divisionand its consequences including tax as­pects; Professor Henry H. Foster, Jr.,and Doris Jonas Freed, Esq., both ofNew York City, who will discuss Arkan­sas Act 705 and the eight criteria usedin property settlements; and Michael H.Minton of Chicago who will discuss thevalue of a home-maker as determinedunder Arkansas Act 705. In additionRobert M. Cearley, Esq., of Little Rockwill give an introduction to the Arkan­sas Domestic Relations System itself,James E. Harris, Esq., of Little Rockwill discuss income tax with respect todivorce or separation, Ben D. Rowland,Jr., Esq., of Little Rock and programchairman, will discuss the legislativeand case law history of Act 705; Hon.Robert H. Dudley will speak as a chan­cellor who looks at child custody, childsupport and visitation; Phillip E. Dixon,Esq., of Little Rock, will speak on con­tractual agreements; William G. Myers,Esq., of FayetteVille, will speak ongarnishment and post-divorce relief;Hon. Charles E. Baker will speak onbankruptcy and divorce decrees; Hon.L. D. Blair, Administrative Law Judgeat Little Rock, will speak on Social Se­curity considerations at time of divorce;Larry Carpenter, Esq., of North LittleRock, will speak on the military divorce;Virginia Atkinson, Esq., will speak onantinuptial agreements and Messrs.R. E. Brians, Scott Dobbs, Ivan Smith,and Doyne L. Plummer will speak onthe government's child support col­lection process at the county, state andfederal levels.

This program promises to be of suchbroad interests, and it being coincidentwith the introduction of the new Domes­tic Relations System, there will likely bea standing room only audience for thisparticular event. It is suggested thatwhen you receive your registrationbrochures, please return thempromptly because the space will beavailable on a first come first servedbasis.

PROGRAMS IN PROGRESSThe Twentieth Annual Practice Skills

Course, designed for the recent admit­tee to the Bar (and those lawyers re­cently becoming active in the practiceof law) will be held at the Little Rock

continued on page 216October 1980/Arkansas Lawyer/205

THE JUDICIAL ARTICLEOF THE

PROPOSED 1980 CONSTITUTIONBy: Dean Robert K. Walsh

UALR School Of Law

Since the ratification of the ArkansasConstitution of 1874, great develop­ments in the law have taken place. Therapid increase in population togetherwith innovations in transportation andcommunication have presented manynew problems to the administration ofjustice in Arkansas. The task of the1980 Constitutional Convention was topropose for ratification by the voters ajudicial article for a new constitutionthat would give a strong blueprint forthe administration of justice in Arkan­sas in the 1980's and beyond.

The convention had first met duringthe summer of 1979 and proposed anumber of changes in the judicial arti­cle from the 1874 Constitution. Discus­sion took place in the legal communityand otherwise in the interim period be­tween the adjournment of the 1979convention session and the final twoweek session of the convention in thesummer of 1980. The convention madesome significant changes in the pro­posed judicial articles during this finalsession. The final proposed judicial ar­ticle is primarily in Article V of the pro­posed 1980 Constitution in twenty-foursections and provides an importantseparate issue option to the voters inthe November election. Since lawyersare often asked by potential lay votersabout public issues that affect the ad­ministration of justice, the purpose ofthis article is to review some of thesignificant provisions in the proposedjudicial article.

ELECTION VERSUSMERIT SELECTION

OF APPELLATE JUDGESPerhaps the most basic question in

terms of any judicial branch article ishow judges are to be selected. Underthe Constitution of 1874, Arkansas cur­rently selects its judges by popularelection on a partisan basis. It is on thisissue that the convention offers thevoters in November probably the most206/Arkansas Lawyer/October 1980

significant change in the judicial arti­cle. Selection of trial level judges undersection 17(a) of proposed article Vwould remain by popular election, buton a non-partisan basis. As to selectionof justices and judges for the Court ofAppeals and Supreme Court, however,the convention offers the only voter op­tion split out from the main body of theproposed constitution. In addition tovoting on the ratification of the maindocument, the voters will vote sepa­rately on whether to choose appellatejudges by non-partisan election or bymerit selection.

Since it is most often associated withthe state of Missouri, merit selectionplans are often referred to as "MissouriPlans." Under the particular plan of theconvention, an Appellate CourtNominating Commission will be set up"comprised of one judge appointed bythe Supreme Court, one attorneyelected from each Congressional dis­trict by the attorneys residing in thatdistrict, and two citizens not membersof the bar appointed by the Governor."Members of the commission wouldserve for eight year staggered terms.After studying the background ofcandidates for appellate court vacan­cies, the commission would submitthree nominees to the Governor forfinal selection. If the Governor failed tomake an appointment from the three~ominees within 60 days, the nominat­ing commission would then make theappointment. At the first general elec­tion held at least twelve months afterthe date of appointment, the judgewould be reviewed by the votersthrough a retention election. Subse­quent terms would be for eight yearsfollowed by another review at the re­tention election. Appellate judges cur­rently in office would be reviewed atretention elections following the expira­tions of their respective terms.

The method of merit selection is en­dorsed by the American Bar Associa-

tion in its model judicial article. Everystate that has changed its method ofjudicial selection in the last thirty yearshas changed to some version of thismethod. Same states in Arkansas'general region using this method ofselection are Florida, Iowa, Indiana,Colorado, Arizona, Oklahoma, Ten­nessee, Kansas, Nebraska, and Mis­souri. Proponents of such plans arguethat polls have shown that judicialcandidates in statewide elections havealmost no name recognition and thatvoters know little about a candidate'slegal abilities or potential judicial de­meanor. Therefore, other characteris­tics of candidates, such as ability toraise funds, appearance on massmedia, social or business affiliations,ballot position, and appeal of thecandidate's last name become moreimportant in getting elected than quali­fications for the judiciary. Moreover,since statewide campaigns require in­creasingly large expenditures, it islikely that a judicial candidate may laterfind campaign donors as parties or at­torneys before his or her court. It is alsoargued that judges will remain as re­sponsive to the voters after initial selec­tion, since as a practical matter theyare as likely to lose their job at the endof their term in a retention election asthey are as an incumbent in a po­tentially contested race.

The chief argument of opponents ofmerit selection is that the judiciary is abranch of government and its officersshould be selected both initially andafterwards by the governed in order tomaximize their responsiveness to thepeople. They also argue that whateverthe experience in other states, the elec­tion system has worked well in Arkan­sas.

Even if the election option proposedby the convention is adopted by thevoters, however, the 1980 Constitutionwould change the present method ofelection to "a non-partisan basis by

majority vote" under procedures pro­vided by the General Assembly. Pre­sently, candidates for judgeships ini­tially run with party designation at thetime of the primary elections. If a major­ity is not achieved, a primary runoff isheld. At the time of the subsequentgeneral election, there are usually atmost two candidates and one candi­date will be elected with a majority vote.With non-partisan elections, the mostlikely procedure will be for candidatesto run for the first time at the time of thegeneral election. If more than twocandidates are on the ballot and thereis no majority for one candidate in thisvoting, there would presumably have tobe a special runoff election a fewweeks later. This would mean thatmany judges ultimately would be elect­ed at these special runoff elections fol­lowing general elections which wouldprobably have very small voter partici­pation. An alternative might be to askthe political parties to include all candi­dates for judgeships without party des­ignations on their ballots at the time ofthe primary elections paid for by thepolitical parties.

As to other changes in the appellatecourts, the proposed constitutionwould change the number of judges onthe Court of Appeals from six to sevenand would have the Chief Justice of theSupreme Court and Chief Judge of theCourt of Appeals both selected by themembers of their respective courts forfour year terms with eligibility to suc­ceed oneself. The Court of Appealsjudges would remain chosen by dis­tricts. The 1980 summer session re­tained the present system of selectingSupreme Court justices on a statewidebasis, changing the controversial pro­posal in the 1979 preliminary draft cal­ling for the election of Supreme Courtjustices from districts.

RETENTION OF JUDGESOnce judges are selected by what­

ever method, it is important to provideprocedures to try to retain good judgesand remove those judges whoseperformance bring their offices into dis­repute. This the convention did by set­ting up two commissions. Article IV,section 17 sets up an Arkansas Com­pensation Commission to makerecommendations to the General As­sembly concerning salaries of allexecutive, legislative, and judicial stateofficers. The members of the commis­sion are appointed by the Governor. Inarticle V, section 24, the proposed con­stitution sets up a Commission on Jud­icial and Prosecutorial Discipline andDisability to hear complaints concern­ing judges and prosecuting attorneysand submit recommendations to theArkansas Supreme Court for disci­plinary action including removal fromoffice. Under the 1874 Constitution, it isnot practically possible to remove ajudge from office until the next election,since the only present remedy, im­peachment, is cumbersome and neverused. One feature of this disciplinecommission in the initial 1979 draft thatprovoked some discussion was that allmembers were appointed solely by theGovernor. The 1980 summer sessionchanged this to a commission of ninepersons, three chosen by representa­tives of each of the three branches ofstate government.

REORGANIZATION OF COURTSUnder the present constitution and

its amendments, the general trial levelcourts are the circuit courts, chancerycourts, and probate courts. The judgesof the chancery court are also judges ofthe probate court within that jUdge'schancery district. In addition, there area large number of special courts of li-

mited jurisdiction: county courts, jus­tice of the peace courts, mayors'courts, police courts, courts of commonpleas, and municipal courts. Some ofthese special courts, especially thecounty courts and justice of the peacecourts, do not necessarily have law­yers as judges. The county judge, whois really the chief executive officer ofthe county government, is given juris­diction over such matters as juvenileproceedings. Justices of the peacehave jurisdiction over small civil mat­ters. Almost everyone in the justicesystem agrees that the present trialcourt structure needs to be simplifiedand that judicial officers should betrained in the law. The convention was,however, presented with many diver­gent views as to how court reorganiza­tion should be addressed in a newconstitution.

The proposed constitution simplifiesthe court structure by creating only twotrial level courts: circuit courts andcounty trial courts. The county trialcourt takes the place of all the previoussundry courts of limited jurisdiction, themost important of which are the muni­cipal courts. It is the intent of the con­vention that there be at least onecounty trial court in each county(schedule II section 2) and that theGeneral Assembly in a number ofcounties may establish localized divi­sions as needed e.g. the BentonCounty Trial Court, Siloam SpringsDivision.

In setting up the Circuit Court as thetrial court of general jurisdiction, sec­tion 9 of article V states that the "CircuitCourt shall sit in divisions of law, chan­cery, and family matters. Equity andprobate matters shall be vested in thechancery division... The General As­sembly may combine divisions or

continued on page 209

Dean Robert Walsh was born and raised in Nebraska. He attendedProvidence College in Rhode Island and Harvard Law School. While inlaw school, he served as an editor of the Harvard Journal on Legisla­tion. After law school, he practiced with the law firm of McCutchen,Black, Verleger and Shea in Los Angeles, primarily as a litigator. He thenwas a law professor at Villanova Law School in Pennsylvania beforecoming to Little Rock as Dean of the UALR School of Law in June of1976. In addition to his responsibilities as Dean, he is a professor of law,currently teaching a course in Federal Courts. Dean Walsh is extremelyactive in Bar Association work. He is currently a member of the BarAssociation's Constitutional Reform Committee. For the past two years,he has been a member of the Judicial Article Task Force of the Arkansasjudicial Planning Committee appointed by the Arkansas Supreme Court.

ON THE COURTHOUSESQUARE IN ARKANSAS

By: John Purifoy Gill andMarjem Jackson Gill

BOOK REVIEW'Back in the early 1960s, John Purifoy

Gill always took a camera with himwhen he left Little Rock to try a lawsuitin another county. He'd snap a pictureof the courthouse, and as these photo­graphs began to mount up, the ideasuddenly occurred to him that theywould make an interesting book.

His wife, Marjem, got interested inthe project, and she started doingsome research on the bUildings andaccompanied him on many of the trips.In about three years, he had photo­graphed them all.

But Gill's law practice expanded andso did his family. The notes and pic­tures had to be put away. It was aboutthree years ago that Mrs. Gill, her threechildren now school-age, took thenotes and photographs down from theshelf and began working on the projectagain.

The result is "On the CourthouseSquare in Arkansas," an interestingand even important book that went onsale at bookstores in the state in June.Gill published the book himself, and hehas set the price at $19.95.

This may appear to be a little steep,but this really isn't an abnormal pricefor an oversized, coffeetable book. Andcertainly it's a more appropriate vol­ume for an Arkansas coffeetable thanthose collections of famous paintingsor far-off ruins or bird books that areusually found there.

If nothing else, consider the travelexpenses the man has to recoup. Hevisited each of the county seats at leastthree times, and he had to make fourtrips to several of them. Now there are75 counties, plus 10 counties that havemore than one courthouse. In addition,the book also contains pictures of all ofthe U.S. courthouses in Arkansas (11)and those buildings (state and federal)still standing that were once court-

'Robert S. McCord

208/Arkansas Lawyer/October 1980

houses but are now either empty orused for other purposes (16).

Some of the most interesting pic­tures are closeups of features of someof the old buildings-the unusual postand banister in the Green CountyCourthouse, the attorney's lectern inthe Jackson County Courthouse, thefront gate to the courthouse in GarlandCounty and the zoo that ajoins theFranklin County Courthouse in Char­leston.

Gill's pictures are unvarnished in thatif the view of the building is blocked bytraffic signals, posts or trees, that's theview Gill gives us. Of course, most ofthe courthouses really aren't beautiful,so no amount of filters, different lensesor unusual camera angles could havehelped most of these buildings. Theonly thing that would have made a dif­ference would have been color photo­graphs, but 16 years ago when Gillstarted the book, color photographywas not as common (or simple) and, ofcourse, it would have greatly increasedthe cost of printing the book if the re­productions had been in coior.

Of course, the pictures are interest­ing because they are so instructiveabout the counties. Even without read­ing the captions, you can tell which pic­tures are from poor counties, countiesthat have long and proud histories andcounties that look upon a courthouseas nothing more than an office bUilding.

Now Mr. and Mrs. Gill avoid makingan editorial judgment in their text. Afterall, Gill never knows when he will bestanding before the bar of justice in oneof these buildings. However, they doadmit a fondness for the ten 19th Cen­tury courthouses that are still standing.

Also, they appear to admire thetwo-dozen courthouses that were de­signed by Charles Thompson, a veryprominent architect in Little Rock in the

early 1900s. His courthouses (the onein Fayetteville, for instance, is a grandexample) are outstanding.

Many Arkansas courthouses werebuilt by the WPA-a style that the Gillsrefer to as "WPA Moderne," adding theextra "e" as a somewhat futile effort tomake a silk purse out of a sow's ear.

One courthouse (Lake City in Craig­head County) is made of wood. An­other one (Berryville in Carroll County)was built as an office for an electricco-op.

There are all kinds of interestingfacts in the short blocks of copy thataccompany the pictures. For example:

-The records in the ArkansasCounty courthouse in DeWitt date backto 1796 and are written in Spanish.

-At least two of the courthouseswere burned intentionally to cover upthe records of crimes.

-The Perry County courthouse waspaid for by private contributions ratherthan tax money.

Marjem and John Gill did most of thework putting this book together, butthey did have some help. Their daugh­ter did the proofreading, the oldest sondrew a sketch for the book and theyoungest child helped his motheroperate the microfilm readers.

Some friends who are photo­graphers, writers and architectshelped, too. So did their friends in thebar, inclUding distinguished ones likeSupreme Court Justice John Stroudwho was especially helpful in runningdown obscure facts.

"On the Courthouse Square in Ar­kansas" is a book that lawyers ought tofind highly interesting, and Arkansashistory buffs will surely want to own.Much of the research is original andhasn't been printed before, certainlynot in one place. f.......

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OTHER NOTEWORTHYPROVISIONS

The proposed judicial article con­tains other noteworthy provisions. Theprior practice of the Supreme Court be­fore the Court of Appeals was createdof sitting in panels would be forbiddenunder article V, section 2(b). Federalcourts would be able to certify ques­tions of state law arising in federalcases directly to the Arkansas Su­preme Court. Article V, section 8 re­quires that all opinions of the SupremeCourt, except per curiam opinions, bepublished. See Newbern and Wilson,"Rule 21: Unprecedent and the Disap­pearing Court," 32 Arkansas Law Re­view 37 (1978). The General As­sembly is given power to establishjurisdiction, venue, and the number ofjUdges for all trial courts. The SupremeCourt may make rules respectingappellate jurisdiction subject to changeby a two-thirds vote of the General As­sembly. Finally, the Supreme Court'spower to prescribe rules of procedureis subject to change by two-thirds voteof the General Assembly.

Position Wanted: Lawyer withdiverse background, highestacademic history, and sixteenyears experience in general prac­tice. Seeks position with law firmor government in Pulaski Countyarea. #4 Point 0' Woods Drive,Little Rock, AR 72204.

CONCLUSIONIn summary, while retaining many of

the basic features of the Judicial Articleof 1874 as amended, the conventionhas offered some potentially importantchanges. These changes could greatlyinfluence the practice of law and admin­istration of justice in Arkansas if theconstitution is adopted. However, it isdoubted that the judicial article, incomparison to such issues as propertytaxation and usury, will so stronglyconcern the voters generally as to af­fect significantly the outcome of theratification election in November.Nevertheless, it deserves the intentstUdy and discussion of the legal com­munity of Arkansas before the votersdetermine its fate."

Judicial Articlecontinued from page 207create other divisions with jurisdictionin each division as provided by law." Inthis provision, the convention providedits answer to two recurring and impor­tant questions of court reorganization:whether to merge law and equity andwhere to vest jurisdiction over juvenileand other family matters.

Arkansas is one of approximatelyfive states that still maintain separatelaw and equity courts. Under the Con­stitution of 1874, chancery courts arenot mandated; the General Assemblyis simply given authority, which it hasexercised, to set up separate chancerycourts. There were not separate chan­cery courts throughout the state until1903. The General Assembly has theauthority to merge law and equity bystatute. The proposal of the conventionretains the status quo in this area.While the circuit court will be the trialcourt of generai jurisdiction, it will havea chancery division. However, theGeneral Assembly will retain the powerto combine divisions in the future.

A related question was where to putthe juvenile jurisdiction taken from thecounty jUdge. Currently, juvenile juris­diction includes delinquency matters,as well as questions of dependency,neglect, and juveniles in need ofsupervision. This jurisdiction is nowvested in the county jUdge. In a fewlarge counties, the county jUdge ap­points a lawyer as a full-time juvenilereferee. In other counties, a lawyer isappointed as a part-time referee. R­nally in a number of counties, thecounty jUdge, who is not ordinarily alawyer, hears such matters personally.Before and during the convention,there seemed to be a consensus ofpublic feeling to reform juvenile juris­diction. The convention through both ofits sessions seemed to focus on theoption adopted in some states of set­ting up a full-time court which wouldhandle all family problems: divorce andcustody, which are currently chiefly be­fore chancellors, as well as juvenilematters. In the 1979 summer sessionthe convention initially put juvenilejurisdiction in the chancery division ofthe circuit court. Upon reconvening inthe summer of 1980, the conventionchanged and created a separate familydivision of the circuit court, subject tothe legislature's power to change divi­sions in the future.

October 1980/Arkansas Lawyer/209

~----

IIIIWRIGHT APPOINTED

SUPREME COURT LIBRARIANJacqueline S. Wright of Little Rock

has been appointed the Arkansas Su­preme Court Librarian by the ArkansasSupreme Court. Mrs. Wright has as­sumed the position created by theretirement of Ms. Ruth Lindsey, whichwas effective October 1, 1979.

Mrs. Wright, a native of Euclid, Ohio,moved to Arkansas in the late 1940's.She attended junior and senior highschools in Helena, Arkansas, andgraduated from the University of Ar­kansas, with a B.A. Degree in Journal­ism in 1955. In June of that year, shemarried Robert R. Wright, attorney andcurrently a Doneghy DistinguishedProfessor at the University of Arkansasat Little Rock Law School. After thebirths of their three children, Robert,John, and David, Mrs. Wright resumedher educational studies. She receivedher J.D. Degree from the University ofOklahoma in 1973. In 1974, Mrs.Wright was admitted to the OklahomaBar and to practice before the U.S. Dis­trict Court, Western District of Ok­lahoma.

From 1974to 1975, Mrs. Wright wasassociated in general practice with theNorman, Oklahoma firm of Floyd,Oliphant, and Bauman. In addition,from 1974 to 1976, she served as As­sistant General Counsel for the Ok­lahoma Association of Municipal Attor­neys, based in Norman. Mrs. Wrightserved as legal assistant to PresidingJudge Lester Reynolds, OklahomaCourt of Appeals, Oklahoma City, from1975 to 1976.

Returning to Arkansas, Mrs. Wrightserved as law clerk for Associate Jus­tice John Fogleman of the ArkansasSupreme Court from 1976 to 1977. Fol­lowing her clerkship and her admissionto the Arkansas Bar by reciprocity in1978, Mrs. Wright became an in­structor at the University of ArkansasLaw School. During her tenure, Mrs.Wright served as the Director of MootCourt competition. In 1978, Mrs. Wrightwas appointed and served as law clerk210/Arkansas Lawyer/October 1980

JURIS DICTUM

for Federal District JUdge ElsijaneTrimble Roy, Eastern and WesternDivision of Arkansas, before acceptingthe appointment to the Supreme CourtLibrary in 1979.

Mrs. Wright is a member of thePulaski County, Arkansas, Oklahoma,and American Bar Associations. She isalso a member of the ArkansasWomen Lawyers' Association. In addi­tion to other legal research, Mrs. Wrightis the author of the Appellate AdvocacyHandbook for the Arkansas SupremeCourt and Court of Appeals, currentlybeing printed.

UNAUTHORIZED PRACTICE OFLAW COMMITTEE ACTIVE IN 1979

Established by the Arkansas Su­preme Court in December of 1978, theCommittee on the Unauthorized Prac­tice of Law is empowered to receiveand investigate complaints and to pub­lish advisory opinions of the Commit­tee's decision concerning alleged ac­tions or course of conduct of the unau­thorized practice of law in Arkansas. In1979, the Committee received two offi­cial and one unofficial complaints forinvestigation.

One official complaint filed by a lawfirm alleged that a person in the statepreparing deeds was not a member ofthe Arkansas Bar. After Committeeinvestigation and correspondence withthe non-attorney cited in the complaint,the matter was satisfactorily resolved.One unofficial complaint concerningadvertisements in publications wassatisfactorily resolved by the Commit­tee in 1979. One official complaint filedconcerns allegations that a law firm inthe state lists a staff member availableto assist clients who is not a member ofthe Arkansas Bar. This complaint wasunder Committee investigation andwas still pending at the end of 1979.

The Committee filed its Rules of Pro­cedure with the Supreme Court on Au­gust21, 1979. The Rules of Procedureoutline the methods by which com­plaints are to be filed with the Commit­tee and procedures for Committee in­vestigation and resolution of such mat-

ters and the substantive rules are asfollows:

1. All matters directed to the atten­tion of the Committee must be in writingand signed.

2. All matters directed to the atten­tion of the Committee must be filed withthe Supreme Court Clerk. The Su­preme Court Clerk files the original andsends copies to the Committee secre­tary, who forwards copies to all Com­mittee members.

3. Each inquiry or complaint is con­sidered by the entire Committee.

4. After Commillee investigationand consideration, the final opinion orresponse is drafted and sent to thecomplainant.

5. If the unauthorized practice oflaw is indicated, the final opinion is sentto the party cited, with notice to theparty of right to a formal hearing.

6. If the party cited desires a formalhearing, that party must send a writtenrequest for hearing, specitying his ob­jections to the opinion, to the Commit­tee.

7. The Committee will then set aformal hearing date for no later than 20days after Committee receipt of the re­quest.

8. Forty-eight hours prior to thehearing, the requesting party and theCommittee must exchange a list of allwitnesses to testify at the hearing.

9. The appealing party may requestthe Supreme Court Clerk to issue sub­poenas for witnesses and either partymay request that a transcript of theproceedings be made, with all costs tobe borne by the party requesting thetranscript.

10. At the hearing, the burden ofproving actions constituting the unau­thorized practice of law is with theCommittee. At the close of all the evi­dence, the Committee makes its delib­erations in private and reconvenes thehearing to announce its decision.

11. Following the hearing, theCommittee may issue a new or sup­plemental opinion.

continued on page 213

THE NEW 1980ARKANSAS LAW OFFICE MANUAL

The Arkansas Law Office Manual is another of the Arkansas Bar Association's continuing SYSTEMSpublications. The Manual was introduced at the Association's 82nd Annual Meeting during the morning session,Friday, June 6th, by Author-Editor Fran Shellenberger.

The Arkansas Law Office Manual is not only a useful management tool in every law office, but will be oftremendous value to every legal secretary in her work.

--------------------------------------------------ORDER FORM

Yes, I want to order copy (copies) of the new 1980 ARKANSAS LAW OFFICE MANUAL at

$35.00. Non-members add another $25.00. Check for $ is enclosed.

NAME:

ADDRESS:

Mail to: Arkansas Bar Association400 W. MarkhamLittle Rock, AR 72201

ARKANSAS LAWYERS FOR YEARS HAVE BEEN "LOOKING" FOR A NEW PUBLICATION ONARKANSAS LEGAL FORMS. AS ONE OF THE MAJOR PROJECTS IN THE ARKANSAS BARASSOCIATION'S PROGRAM TO DEVELOP PRACTICE SYSTEMS FOR ITS MEMBERS, PRO­FESSOR ROBERT R. WRIGHT AGREED TO PREPARE THE ARKANSAS FORM BOOK. YOURSEARCH IS OVER-0RDER YOUR COPY NOW.

THE ARKANSASFORM BOOK

ORDER FORMTHE ARKANSAS FORM BOOKMAILING CHARGE

.. Non members of the Arkansas Bar Association add another $50.

'$75.002.00

$77.00

NAME _

ADDRESS

SEND ORDER FORM AND CHECK TO ARKANSAS BAR ASSOCIATION400 WEST MARKHAM STREET, LITTLE ROCK, ARKANSAS 72201

October 1980/Arkansas Lawyer/211

By: Carol Utley

OYEZ • OYEZ ,,• •

The Jefferson County Bar Association hon­ored CARLETON HARRIS at an appre­ciation dinner and presented him with agold watch and a plaque to commend himfor his many years of outstanding service.Chief Justice John Fogleman was the key­note speaker. ANNABELLE CLINTON ofLittle Rock, spoke to a meeting of the HeberSprings Study Club on the topic of "PublicAttairs". Her mother, Mrs. Lovard Davis is amember of the study club. GREGORYMcKENZIE is the new President of theFranklin County Bar Association. THOMASS, GAY formerly with the Legal Services inPine Bluff, is now with the Atlorney Gen­eral's Office in the Consumer ProtectionDivision. The Outstanding Citizen of theYear Award was presented to attorneyCLAUDE JENKINS, of DeWitt, at the An­nual DeWitt Chamber of Commerce Ban­quet. Mr. Jenkins is the attorney for theRiceland Electric Cooperative at DeWitt.Prairie Grove has a new addition to rts pro­fessional ranks. DAVID R, LANEY. a grad­uate at the Fayetteville School of Law, hasrecently opened an office at 136 E. Bucha­nan Street. Attorney MELVIN CHAMBERSof Magnolia, was recently honored with abiographical sketch in the Columbia CountyObserver featuring his accomplishments asan attorney, author and legislator. JACK T,WILLIAMS. formerly of the Arkansas Pub­lic Service Commission, has left Littie Rockto become the attorney for the Amoco Pro­duction Company in New Orleans. Arnocois a subsidiary of Standard Oil of Indiana.FREDYE LONG ECKHART has joined herhusband EDWARD L. ECKHART in thelaw firm of Eckhart and Eckhart in Rison.She has formerly practiced under the nameFredye Mac Long. JIM ROSS. JR, ofMonticello, has been appointed to the Ar­kansas Educational Televiston Commis­sion for an eight year term. The commissionhas the responsibility for the operation ofEducational Television in ArI<ansas. Thefirst black ever appointed to the assistantUnited States attorneys office was sworn inMonday, April 7th. He is CHALK SAN­DERS MITCHELL formerly of West Helenanow residing in Washington, D.C. He is agraduate of the Georgetown University LawSchooi at Washington. Pine Bluff native,TEO N, DRAKE. with the firm of Bridges,Young, Matthews, Holmes, and Drake, hasbeen elected to the board of the National

212/Arkansas Lawyer/October 1980

Bank of Commerce of Pine Bluff. DAVIDHALE spoke to the FHA Parent-memberbanquet in Magnet Cove stressing the im­portance of families in today's civilization.Mr. Hale is a Little Rock attorney, PulaskiCounty municipal judge, and former presi­dent of the United States Jaycees.JOSEPH ERWIN has moved to Little Rockfrom Dallas and is located at 400 GainesPlace. ANDREW WELTCHEK is now as­sociated with Steve Backmann in New Or­leans. The Southeast ArI<ansas Bar Asso­ciation's new president is MURRAYCLAYCOMB of Warren. STEPHEN K,CUFFMAN has joined the firm of Tuckerand Stafford in Little Rock. He is the formerchief counsel for the Arkansas Public Ser­vice Commission. The Osceola Bar Asso­ciation has recently elected new officers forthe upcoming year. They are: MICHAEL R.BEARDEN. PreSident; LEE FERGUS.Vice-President; CHARLES A. BANKS.Secretary-Treasurer. The partnership ofSMITH AND SMITH has been formed byTRUMAN H. SMITH and RAYMOND C.SMITH with offices located at 112 S. EastAvenue in Fayetteville. DALE E. McCOYhas moved from Russellville to Tucson, Ari­zona at 6680 Pidgeon Springs Place.KATHY COOK of West Memphis, was theguest speaker at the Wynne Business andProfessional Women's Club on April 10th.Kathy has been employed by the First Na­tional Bank of West Memphis as Staff At­torney and Compliance Officer. DOUGHOUSE has established a law practice inHeber Springs in the Hoyt Thomas Buildingon Main Street. He is a native of North LittleRock and a graduate of the University ofArkansas School of Law in Little Rock. TheBar Association of Metropolitan St. Louishas elected McPHERSON D. MOORE ~s

new Chairman Elect of the Young LawyersSection for 1980-81. CRAIG A,CAMPBELL has joined DAVID R,MATIHEWS in the practice of law in Low­ell. He received his Juris Doctorate from theUniversity of Arkansas School of Law.MARK STEVEN CAMBIANO of Morriltonpassed the bar exam in February and sincehas joined his father, JOE CAMBIANO inthe practice of law. WILLIAM H.ARMSTRONG has moved his practicefrom Dardanelle to Smackover. The TomTucker Law Firm in Siloam Springs has anew associate. He is BILL MAYO, a 1979

graduate of the U of A Law School. JIMFOWLER of the Rose law firm in LittleRock, was a guest speaker at the DrewCounty Public Facilities Board Meeting.The topic of discussion was HUD regu­lations and financing. The Arkansas StateUniversity Board of Trustees named Sheri­dan attorney and former U.S. Representa­tive RAY THORNTON to replace Cart Whil­lock as the new university president.JAMES F. DOWDEN is now with the Attor­ney General's office. ANDREW L. CLARKhas moved his office from 108 E. 4th Streetto 650 Twin City Bank in North Little Rock.BERNARD GOLDSTEIN announces therelocation of his office to 104 North Avalon,West Memphis. MICHAEL MEDLOCK hasjoined the law firm of A. JACK KING inOzark. The Arkansas Trial Lawyers Asso­ciation's new president is ALLEN GOR­DON of Morrilton. LOUIS L. RAMSEY. JR..chairman of Simmons First National Bankin Pine Bluff, has been elected president ofthe Arkansas Bankers Association for the1980-81 year. He is past president of theArI<ansas Bar Association and is chairmanof the University of ArI<ansas Board ofTrus­tees. The Washington County Bar Associa­tion recently elected new officers for thefiscal year beginning June 1st. They are:President, DAVID HORNE; Vice-Presi­dent, PETER G. ESTES. JR.; Secretary­Treasurer, JOE B. REED. The organizationhas a membership of 173. WYMAN R.WADE. JR. has joined Fayetteville attor­ney, CHARLES E. HANKS. to form thepartnership of HANKS & WADE. C.WAYNE DOWD. GENE HARRELSON.and MARSHALL H. MOORE announce theopening of their law offices under the firmname of DOWD. HARRELSON & MOOREin Texarkana. The Green-Clay Bar Asso­ciation has elected OLIVER COX of Corn­ing as president; BOB YOUNG. vice-presi­dent and RON WILLIAMS as secretary­treasurer. CARL A. CROW. JR.• a HotSprings attorney, has returned to privatepractice following a temporary appointmentas assistant attorney general for the Stateof Arkansas. He is associated with the firmof Glover, Sanders, Parkerson, and Har­graves. The board of governors of the Ar­kansas Trial Lawyers Association choseDAVID BLAIR of Batesville as its outstand­ing trial lawyer for 1979. Fort Smith attorneyMICHAEL CARTER. has been invited to

address a meeting of the Southern Re­gional Educational Board's annual summerstatistics research being held at Pensacola,Florida. Before receiving his law degree,Mr. Carterearned his PH.D. in statistics andtaught at the University of Georgia, Ap­palachian State University, and the Univer­sity of Arkansas. The United States at­torney's office at Little Rock has a new as­sistant. He is ROBERT J. GOVAR.GOVAR served as senior law clerk forJudge Elsijane 1. Roy for 2 1/2 years beforecoming to the U.S. attorney's office. HER­MAN HANKINS, JR., of Arkadelphia, hasbeen appointed referee for the SmallClaims Division of the Arkadelphia-ClarkCounty Municipal Court. New officers forthe University of Arkansas at Little RockLaw School Alumni Association were cho­sen in Hot Springs at the Annual Meeting.The new officers included: FRANK B.WHITBECK, president; MIKE BEARDEN,vice-president; JAMES W. SPEARS, sec­retary; CLAIBOURNE W. PATIY, JR.,treasurer. "Wills-Their Function and Le­gality" was the topic addressed byZACHARY TAYLOR at the recent meetingof the Newcorners Club in West Memphis.Mr. Taylor is with the firm of Nance, Nance,and Fleming. The Davidson Law Firm ispleased to announce that THOMAS S.STONE, MICHAEL O. PARKER, and

Juris Dictumcontinued from page 210

If the party requesting the hearingdisagrees with the Committee's deter­mination, the party may appeal theCommittee's decision to the ArkansasSupreme Court. Disobedience of anysubpoena or a refusal to testify beforeformal Committee hearings may be re­garded as constructive contempt ofand punishable by the Arkansas Su­preme Court.

The Committee is empowered tobring an action in the proper court seek­ing to enjoin proscribed conduct, in theevent of a finding of the unauthorizedpractice of law and a continuation of theaction or course of conduct alter theparty's receipt of the Committee's ad­visory opinion.

The Committee is composed of fourlawyers from each Congressional Dis­trict and three non-lawyer membersfrom the state at large. Members of theCommittee are: Otis Turner, Arkadel­phia; Chairman Eugene Schieffler,West Helena; lack Wilson, North LittleRock; Jerry Pinson, Harrison; MelOrender, North Little Rock; Jerry Flem­ing, Fort Smith; and Secretary WayneHartsfield, Searcy.

COMMITIEE ON PROFESSIONALCONDUCT REPORTS FOR 1979During the year 1979, the Arkansas

Supreme Court Committee on Profes-

MARK W. GROBMYER has joined the firmin Little Rock. The attorneys of AshleyCounty have formed a county bar associa­tion known as the Ashley County Bar Asso­ciation, Inc. The officers and directors of theassociation are: President-OVID T.SWITZER: Vice-President-William E.Johnson; Secretary-GARY M. DRAPER;Treasurer-L. PHILLIP McCLENDON; Di­rectors-JAMES M. BARKER andSAMUEL B. POPE. JESSE "RUSTY"PORTER has been elected to the presi­dency of the Phillips County Bar Associa­tion. Other officers include: HARVEYYATES, vice-president; CHARLES AL­LEN, secretary. Attorney Steve Elledgeannounces the association of JOHN MAR­TIN with his law firm in Brinkley. Little Rockattorney CHARLES [> MATIHEWS, hasbeen recommended to President Carter forappointment to the National Railroad Pas­senger Corporation which oversees theAmtrak rail system. W. ASA HUTCHIN­SON has been recently elected as presi­dent of the Benton County Bar Association.Other officers are: Vice-President, JOHNSCOTI; Secretary-Treasurer, GEORGIAELROD. Benton attorney O. WENDELLHALL, JR. has been appointed by the Su­preme Court to the Client Security FundCommittee. The committee hears cases in­volving allegations by clients that they are

sional Conduct received 183 com­plaints against practicing attorneys inthe state, according to the Committee'sstatistical data report for that year. Thefigure of 183 complaints received andrecorded that required some action onthe part of the Executive Secretary rep­resents an increase of 6% over thenumber of complaints received In1978. One hundred and seventy-twocomplaints were received and re­corded in 1978.

Of the 183 complaints received in1979, 54 written affidavits of complaintwere filed with the Executive Secreta­ry. Fifty-two of the 54 affidavits (orequivalent) of cornplaints were referredto the Committee as a whole, and theremaining two were either withdrawnby the complainant or never completelyprocessed due to the desire or inactiv­ity of the complainant. It is interesting tonote that 33 of the complaints proces­sed were from out-of-state complain­ants.

Following evaluation of formal com­plaints last year, the Committee issued17 letters of reprimand, and 7 letters ofcaution to Arkansas attorneys. AfterCommittee investigation, one attorneyvoluntarily surrendered his license topractice in Arkansas.

Forty-five separate matters in vari­ous stages of processing were pendingbefore the Committee at the end of1979.

entitled to fee reimbursement because theirlawyers allegedly mishandled their funds.TOMMY THRASH formerly of Ashdown,has been selected for inclusion in the 1980edition of "Outstanding Young Men ofAmerica". He is associated with the LittleRock firm of Rose, Nash, Williams, Carroll,Clay and Giroi. Batesville attorney FREDLIVINGSTON has been elected to a se­cond term as president-elect of the AlumniAssociation of the University of Arkansas.JAMES R. WALLACE and RALPHHAMNER announce the association oftheir law practices at the Paramount LifeBuilding, 2nd and Spring Street, Ste. 600,Little Rock. The Sebastian County BarAssociation recently elected new officersfor the coming year. They include:President-HARRY FOLTZ; Vice-Presi­dent, ROBERT HORNBERGER; Secre­tary-Treasurer, JOHN R. BEASLEY.STEPHEN D. CARVER announces therelocation of his office to 11311 ArcadeDrive, suite 202, Little Rock. J. E.LIGHTLE, JR., MIKE BEEBE andDONALD P. RANEY announce that A.WATSON BELL has been made a partnerin the firm. WAYNE LEE and GARYGREEN have moved their office to 4801 N.Hills Boulevard, North Little Rock.~

The Arkansas Supreme CourtCommittee on Professional Conductfollows the Code of Professional Re­sponsibility of the American Bar As­sociation, supplemental to governingstatutes. The Committee is composedof one lawyer from each Congressionaldistrict and three from the state atlarge. Members of the Committee are:Clint Huey, Warren; Caldwell T. Ben­nell, Batesville; Jerry WinstonCavaneau, Searcy; Chairman WalterR. Niblock, Fayetteville; Susan Miller,lillie Rock; James W. Steinsiek,Blytheville; and Dale Price, Little Rock,who serves as Secretary to the Com­mittee.

Taylor Roberts of Little Rock servesas Executive Secretary of the Commit­tee. His duties include receiving com­plaints, interviewing complainants andassisting them in preparing affidavitspursuant to Committee rules, and con­ducting investigations when cir­cumstances warrant such action.

1979 RULE XII CERTIFICATIONSOne hundred and four applicants

were certified by the Arkansas Su­preme Court for representation of indi­gents under Rule 12 (Model StudentPractice Rules) in 1979. Seventy-fivewere approved from January 1 to June30,1979; 29 were approved from July 1to December 31, 1979.~

October 1980/Arkansas Lawyer1213

CODE OfPROfESSIONAL RESPONSIBILITY

Conflictsof Interest

A substantial number of complaints arise out of theacceptance of employment involving potential conflictsof interest without full disclosure to the parties of thepotential for conflict and the necessity that the lawyermay later have to withdraw if the conflict becomes areality. Should the lawyer attempt to continue to performincompatible roles he may subsequently be embarrassedshould it be necessary to withdraw precipitously.

To avoid complaints of this type. the lawyer shoulddecline employment whenever the exercise of his profes­sional judgment on behalf of his client is likely to beaffected by his representation of another client. or byhis own financial. business, property or personal inter­ests. See Disciplinary Rules S-IOI(A) and S-IOS(C).

Disciplinary Rule S-lOS(C) provides:

" ... a lawyer may represent multiple clients if it isobvious that he can adequately represent the interestof each and if each consents to the representation afterfull disclosure of the possible effect of such repre­sentation on the exercise of his independent profes­sional judgment on behalf of each."

However. this should be done only with utmost caution.Even though the parties may desire to reduce costs byhaving one lawyer serve the interests of all parties, once

-Don't forget to make a reply to my plea, and I shall replyto your reply. .. that will mean two more speeches for ourclients to pay for..

a conflict arises those parties may adamantly blame thelawyer. each party having looked upon the lawyer asexclusively his representative.",

o~o

214/Arkansas Lawyer/October 1980

FALL LEGAL INSTITUTESEPTEMBER 18-19CAMELOT INN, LITTLE ROCK

HOUSE OF DELEGATESSEPTEMBER 20CAMELOT INN, LITTLE ROCK

BANKING LAW CONFERENCEOCTOBER 17CAMELOT INN, LITTLE ROCK

FEDERAL TAX INSTITUTENOVEMBER 13-14CAMELOT INN, LITTLE ROCK

MID-YEAR MEETINGJANUARY 15-17CAMELOT INN, LITTLE ROCK

NATURAL RESOURCES LAW INSTITUTEFEBRUARY 19-21ARLINGTON HOTEL, HOT SPRINGS

Like the Arkansas Bar Association,the Illinois State Bar Association hasbeen fortunate to be able to offer occur­rence-type professional liability insur­ance coverage with CNA to its mem­bers. In recent years, the two Associa­tions have stood alone in this favoredposition.

ISBA General Counsel Howard H.Braverman in the February 1979 issueof the Illinois Bar Journal reviewed theIllinois claims statistics, and found that46.3% arose from the same root cause,a missed statutory or regulation time(limitation lapse).

In his article, Braverman stated:

"Within the limitation lapse cat­egory there are claims charged to mal­practice arising from default judg­ments, expiration of time periods, lackof prosecution, failure to comply withcourt administrative orders, failure torespond to interrogatories and failureto timely file documents including taxreturns. Fully half or more of the claimsin limitation lapses are those which arecharged to the expiration of stated time

Dear Arkansas Bar Foundation,

We would like to sincerely thank youfor your kind and generous contributionto Law Week 1980 at the University ofArkansas School of Law. Law weekproved to be both educational as wellas entertaining.

Law week began on April 12 withBALSA's law symposium. The speak­ers included Merlin Augustine, ArthurMcLendon, Adolph Reed, and B. J.McCoy. Although the number of blackstudents in the University of ArkansasSchool of Law is small, the symposium

ADDENDAby C. E. Ransick

Editor

HOW ABOUT REDUCINGLAWYER MALPRACTICE CLAIMS

BY ALMOST 50 PERCENT?

periods to institute an action. Lack ofprosecution, failure to file documentsand default judgments follow in that or­der.

In an era where lawyers must beconscious of their own spiraling coststo protect their income, it is most unfor­tunate to find that half the malpracticeclaims come from permitting liability toarise from time lapse claims account­ing in dollars for 48.3% of claim pay­ments. Particularly distressing is thatthese claims fall in a category in whicheach individual lawyer can exercisecurative control.

Since the subject accounts for al­most half the malpractice claims both innumbers and in dollars, it appears evi­dent that we must attack this aspect ofmalpractice and bring about a sharpreduction in the claims it generates.Persons better able than I, will, I amsure, undertake to provide longerrange solutions but there are steps thatany lawyer or any office can implementimmediately. For example:

THE WAY TO GOaddressed many of their unique needsand experiences. The highlight of thesymposium was the presentation of theSilas Hunt Award to Professor CarltonBailey.

On Sunday, April 13, we had the LawWeek Tennis Tournament at the Ful­bright courts. The tournament was di­vided into three doubles divisions, andthe winners were: A division-HartsallRagan and Jay Bond; B division-TomHarden and Kent Hirsch: and MixedDOUbles-Joe Olson and NancyStraley.

On Monday, April 14, Joe Olson and

....-Consultthe statute books each andevery time a new case is accepted;

....-Develop a primary and backup doc­ket system to include new cases,motion dates and appeal dates;

....-Develop a managing partner andmanaging clerk intra-office system;

....-Verify in writing to the client yourWillingness (or unwillingness) toaccept proffered employment in­cluding notice as to the applicablestatute of limitation;

....-Double check with courts and ad­ministrative agencies as to time fac~

tors of the next step in pursuit of theclaim;

....-Develop closer supervision of as­sociates and paralegals.

Many of these functions seem to beelementary and many lawyers will as­sume that they are being done properlyin his or her office. But apparently thereare too many assumptions and too littlereview of office procedure being car­ried on. The time for self-analysis andinternal restructure is here for we knowthat our assumption of fact is in errorand can be improved if we will onlymake the effort."

Billy Meeks went to Fayetteville HighSchool to speak to students interestedin law school.

The women Law Students Associa­tion held a seminar on Tuesday, andthe topic was "Arkansas Juvenile Jus­tice Procedure." Judge Mays spokeabout his experiences as a JuvenileJudge in Fayetteville.

The Christian Legal Society spon­sored a breakfast in the ArkansasUnion on Wednesday, April 16. RickCampbeil spoke on "The ChristianLawyer's Journey." That afternoon,Delta Theta Phi sponsored a seminar

October 1980/Arkansas Lawyer/215

on "Worker's Compensation Proce­dure and Practice in Arkansas," andMr. Bud Whetsone of lillie Rockproved to be very knowledgeable onthe subject.

One of the most successful LawWeek programs was Pre-Law Day,which was on Thursday, April 17. Bet­ween 75 and 100 potential law stu­dents allended, and during the courseof the day they toured the school, sat inon a first year class, saw a moot courtpresentation, and were given an oppor­tunity to ask questions about lawschool.

The Trial Practice Seminar was onFriday, April 18. The speakers and to­pics were Judge Marion Penix, "Prac­tice and Procedure in the Court of Ap­peals;" Judge Thomas BUll, "Proce­dure and Conduct in the ChanceryCourt'; Mr. David Laser, "The MedicalWitness;" and Mr. Jim Guy Tucker,"Administrative Hearings." Followingthe seminar, Judge Lineberger pres­ided over a divorce proceeding. To endthe day, Delta Theta Phi sponsored apicnic at Lake Wedington, and it was abig success, largely due to the amplesupply of beer.

DEAN LEFLAR HONORED

The American Judicature Societyhas presented its highest honor, TheJustice Award, to Dean Robert A. Lef­lar, longtime advocate for post-selec­tion legal education for appellatejUdges.

The Justice Award is given periodi­cally to individuals who have madesignificant contributions nationally tothe cause of improving the effectiveadministration of justice.

Dean Leflar, professor of law at theUniversity of Arkansas, has had an il­lustrious career in the law as a juristand educator. He is one of the foremostexperts on appellate practice in the Un­ited States. Leflar has shared his ex­pertise in many ways-as director ofthe Appellate Judges Seminars, an in­stitute at New York University LawSchool since 1956; as author of articlesand treatises; and as a leader and con­sultant to many judicial administrationorganizations. From 1949to 1951, Lef­lar served as a justice of the ArkansasSupreme Court.

Past recipients of The Justice Awardinclude Mr. Justice Tom C. Clark(1967); Herbert Brownell (1972);Father Thomas Hesburgh (1976); andChief Justice Warren E. Burger (1977).2'16/Arkansas Lawyer/October 1980

Law Week 1980 ended on Saturday,April 19. The day began with a golftournament at Paradise Valiey. TheLaw Week 1980 Banquet was held thatevening at the Ramada Inn. Thespeaker was Mr. Robert Kutak, primarydrafter of the Proposed Code of Pro­fessional Responsibility. Additionally,Professor Howard Brill was recognizedas the winner of the Student Bar As­sociation "Outstanding ProfessorAward."

"Law Week 1980" reqUired a lot ofhard work by many students. Thosewho worked on Law Week, as well asthose who only participated, were verysatisfied with the speakers and ac­tivities. Once again, on behalf of thestudents at the University of ArkansasSchool of Law, we would like to sin­cerely thank the Arkansas Bar Founda­tion for its generous support fo LawWeek 1980.

Sincerely,Student Bar AssociationUniversity of Arkansas School ofLaw

LAWPAC

A leller, dated April 15, 1980, wassent to the members of the ArkansasBar Association, pointing up the needfor a lawyers' political action commilleeand requesting pledges/contributionsforthis worthy cause. The leller stated:

"The House of Delegates at theSemi-annual meeting on January 19,1980 approved the proposal for a'LAWPAC' fund in the amount of$10,000 to be built and maintained bycontributions of $5 per month or $60per year from interested members.This fund will be in addition to the itemfor legislation in the Association'sbudget. The main purpose will be toprovide funding for a state-level lob­byist to look after Association affairs.Mr. William R. Wilson, Jr. opened thepledges with for $100. Many delegateshave made pledges in recent years."

The campaign for funds to date hasbeen less than successful. Contribu­tions, as of July 24,1980, were $1975against $3285 in total pledges-farshort of the annual goal of $10,000.Contributions/pledges may be sent inby letter to the Arkansas Bar As­sociation, 400 West Markham, lillieRock, Arkansas 72201. f......

AICLEcontinued from page 205Convention Center on October 2-4,1980. This course, formerly the"Bridging-the-Gap" Seminar is spon­sored jointly by AICLE and the YoungLawyers Section of the Arkansas BarAssociation. The object of the course isto provide basic and practical instruc­tion by lawyers who have recognizedexpertise in the areas they will discuss.The sessions conducted during thistwo-and-a-half day period will includean extensive review and analysis ofcurrent forms used by those lawyers intheir daily practice. A brochure morefUlly describing this years program willbe mailed to the Bar membership ingeneral and it will be handed out to thenew Bar admillees when they aresworn in before the Supreme Court inSeptember.

The Arkansas Federal Tax Institute,jointly sponsored with the ArkansasSociety of CPA's, will be held in lillieRock at the Camelot Inn on November13-14. The faculty, made up jointly oflawyers and CPA's, will discuss thefollowing topics: tax effects of partner­ships and professional associations;design of defined benefit plans; taxplanning for agriculture; tax effects ofapartment-condominium conversionsand recent developments in tax law.This course was well attended by law­yers last fall, and I expect an equally asgood allendance this fall especiallyfrom those lawyers who have been at­tending the spring Tax AwarenessWorkshops regularly.

The Annual Midyear Meeting of theBar Association will be held in lillieRock at the Camelot Inn on January15-16,1981, and it will be devoted tothe introduction of the Creditors' andDebtors' Law System and will be jointlysponsored by the Creditors' RightsCommittee of the Arkansas Bar Asso­ciation. The topics to be covered willinclude the following: sales and sec­ured transactions under the UniformCommercial Code (UCC); prosecutionand defense of claims under the UCC;collection of judgments and enforce­ment of liens; ,and applicability of thenew Federal Bankruptcy Law.~

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