SEPTEMBER 1971

Great partnership: Adam & eve , .. another great partnership: ARKAnSAS BAR ASSOCIATion &

:·CNAlinsurance The legal profession and the insurance industry join together in a major effort to combat the root causes of the professional liability problem.

The new Professional Liability Program is designed to utilize the combined resources and technical expertise Of both your Association and CNA.

new PROFeSSionAL LIABILITY PROGRAm has Association Involvement

Want more details? Call or write Arkansas Bar Association Administrator Rather, Beyer & Harper Three Hundred Spring Building Little Rock, Arkansas 72201 (501) 372-4117

SEPTEMBER 1971 VOL. 5·NO. 5

THE OFFICIAL PUBLICATION OF THE

ARKANSAS BAR ASSOCIATION

OFFICERS

Paul B. Young, Pres ident Henry Woods, Vice·Presi dent Robert O. Ross, Secretary-Treasurer

EXECUi lVE DIRECTOR

C. E. Ransick

EXECUTIVE COMMITTEE

James West, Chairman

Phillip Carroll James B. Sharp

Lynn Wade Dale Price John Mann

Ex·Officio

Paul B. Young Henry Woods Robert D. Ross John Lile J. C. Deacon James B. Blair

Stephen Matthews

Louis L. Ra msay, Jr.

EDITORIAL COMMITTEE

Robert D. Ross Phil ip E. Dixon C. E. Ransick

1.1ie

Arkansas Lawyer SPECIAL FEATURES

How to Work Alone and Like It. .. . . Dale Bumpers 182 Clients' Secur ity Funds ........ . . .. j. Stanley Mu llin 186 Docket Control for the Small

Law Office .... . ................ .. Darryl K. Nevers 174 A School for All Sea sons .. . ........ Robert R. Wright 168 The " Serious Half" .. Governor Da le Bumpers 191 Standards Workshop 11. ..... . ....................... . . 173 Fall Legal Institute . ..... . ................... . .... 167 Legal Secretaries' Conference . . ... . ... . ...... . ....... 173 Committee Directory 1971-1972 .......... . . . . . ... . .... 19S

REGULAR FEATURES

About t he Cover ... . .................. A. R. Schaffer 156 President's Repo rt. . . Pa ul B. Young 155 Juris Dictum ................... . .......... C. R. Huie 164 Law School News . . .• . . . .... . ... . . Robert Brockman 179 Oyez, Oyez .... .'. . .......... . .... B. Ghormley 154 In Memoriam . . . . . . . . . . . . . . . . . . . . . . . 192 Executive Committee Notes ... .. Rober t D. Ross 177

153

Published bi-monthly by the Arkansas Bar Assoc iation, 408 Donaghey Bldg. , Little Rock, Arkansas 72201. Second class postage paid at Little Rock, Arkansas. Subscription price to non-members of the Arkansas Bar Association $6 .00 per year and to members $2 .00 per year Included in annual dues. Any opinion expressed herein Is that of the author, and not necessarity that of the Arkansas Bar Association, The Arkansas Lawyer, or the Editorial Committee. Contributions to the Arkansas Law yer are welcome and should be sent In two copies to the Arka nsas Bar Center , 408 Donaghey Bldg., LIttl e Rock, Arkansas 72201.

All inquiries rega rding advertiSing should be sent to Advertising Department, Ark· ansas Lawy er, Post Office Box 4117, N orth Little Rock, Arkansa s 72116.

CENTRAL DISTRIBUTING

INC.

154

By B. Ghormley

Edward L. Wright, Litt le Rock, was made an honorary member o f Britain 's Law Soc iety whil e in London for the ABA meeting. lohn Selig, formerl y with Chow ni ng, Mitchell, Ham ilton & Chown ing, is now a trust o ffi cer wi th Worthen Ban k & Tru st Company. Dr. Robert A. l ellar, Fayettev ille, was the Director o f the 16th an nual sem inar for appellate Judges in New York in July. Another co urse for judges was held in Nevada in l uly for tr ia l Judges. Judges Thomas F. Butt and Maupin Cummings, Fayettevi lle attended at different sessions. ludge Richard B. Adkisson, Little Rock, attended the seminar in place of the late Judge loseph Morrison. M . C. lewis, Ir., Hot Springs, was se lected by the Garland County Bar to serve as special circuit and chancery judge in the absence o f Judge Britt and Judge Chesnutt. Judge Henry Britt was in Nevada and Judge lames Chesnutt was in London for the ABA meeting. The Columbia County Bar Assoc iati on has been named recepient o f an honorab le mention in the ABA's 1971 Award o f M erit. H. Clay Robinson, Fort Smith, was appointed to the City Plann ing Commiss ion. Malvern Representati ve lames C. Cole represented Arkan sas at the Southern Conference Committee on Crimina l Justi ce at Georgia in June. Ri chard W. Hobbs, Hot Springs, has given a memorial gift to the St. Joseph 's Hospital. Judge Richard B. Adkisson received his judicial robe last month from the Pulaski County Bar. Bradley D. Jesson, Fort Smith, spoke to the Pu laski County Bar on " Leg islation o f Interest to Lawyers from the 1971 General Assem bly." Judge Lawson Cloninger, Fort Smith, attended the 14th annual Rocky Mo untain Regional Traffi c Court Conference at Denver in July. Worth Camp, Ir., EI Dorad o, spoke to the EI Drado Li ons Club earl ier thi s mont h on " Internat io nal Polit ics." loe Purcell, Benton, Chairman o f the Arkansas Democ rati c Party spoke last month to the Johnson County Democrati c meeting at Clarksville. lohn lackson, Gurdon, a 1971 graduate o f the U of A is joi ning h is father in the practice of law at115 So uth Frst. lames R. Hannah, Searcy, is now as assoc iate of the law fi rm o f Light l and Tedder. Denny Paul Petty, Searcy, has jo ined the law firm of Henry, Boyett and Mo rgan . Eudox Patterson, formerly with Chief Justi ce Carl eton Harris, has joined Oscar Fendler in practi ce at Blythev ille. larry Boling, ret urning from Vietnam, has joi ned the law firm of Penix and Pen ix, Jonesboro. Bay Fitzhugh, form erly of New York, has opened a law office on M ain Street in Augusta. Farrell E. Faubus has opened a law o ffice in the Faubus Building in Huntsvi lle. Mike Wilson res igned as a deputy attorney general to Attorney General Ray Thorn ton last month and w ill practi ce law in Jacksonvi lle.

PIISIBEIT~S IEPOIT

By Paul Young

I am extremely grateful fo r the exce llent att endance at the Convocation o f Comm ittee Chairmen in Li tt le Rock on August 6th and 7th . Thi s event se rves severa l purposes and accomplishes the purpose of getting the program of the Associa t ion for the year planned and underway.

The committee chairmen met together fo r lunch on August 6th and heard Ed Bethune d isc uss plans of the Administrati on of Crim inal Justice Standards Commit tee for Standards Workshop II. We w ere fortunate to have as our specia l guests, Chief Justi ce Carleton Harris and Att o rn ey General Ra y Thornto n, along with Starr Di rec tor Lynn Edward s of the Criminal Law Section of the American Bar Association . All in all th is program begun by the Assoc iat ion last year, has been one o f the most out stand ing and use ful acti vities o f the Assoca ition . Elsewhere in thi s issue o f The Arkan sas Law yer yo u will see a noti ce conce rning the program for Standards Workshop II , Oc tober 7th and 8th .

You have been furn ished the prin ted program fo r the 1971 Fall Lega l Institut e whi ch will be held in Litt le Rock on Septem ber 17th and 18th . The subjects scheduled for this program are in the mo.t pro fitable areas o f interest for every member o f the Bar, and the speakers to appear incl ude some of the outstanding national autho rities on their parti cular subjects.

O ne o f the goa ls o f the Assoc iation thi s yea r is the creatio n of a Cl ient s' Securit y Fund . The purpose of the fund is to reimbu rse client s, in w ho le or in part , fo r loss o r damage cau sed by the dishonest conduct of a member of the Bar, acting ei ther as a lawyer o r a fidu ciary; and thereby to preserve and protec t the in tegrit y and reputati on o f the legal pro fess ion. A fund not only accomplishes the proper fun ction o f assuming responsibilit y to the publi c for a fe llow member of the profession, but al so can be one of the most persuasive influences fo r good publi c relations by the Bar. Yo u are urged to read carefully a discussion on this subject appearing in thi s issue o f The Arkansas Lawyer, which in fact is a reprint o f remarks made at our Annual Meeting in June by Chairman J. Stanley Mu lli n o f the Standing Committee on Cli ent s' Sec urity Fund s o f the Am eri can Bar Association .

155

The Public Info rmati on Co mmittee (fo rm erly the Public Relatio ns Co mmittee) has been most act ive and presented to the Convocatio n an exce llent program fo r the yea r ahead. The Committee is developing a checkl ist for se minar and meeting program chairmen to deal with the new s media. Mike Barrier o f the Arkan sas Gazett e starr has been retained to write new s stori es on Bar Activi ties. The Committee al so plans to arrange fo r televi sion and radi o anno uncements whi ch yo u sh ould be see ing o r hearing on your loca l station program s. O ne o f the avenues o f info rmation developed by the Committee is the Bar communicatio n system which committee mem ber Cyril Ho llingsw orth oversees. By contacts establi shed w ith committee cha irm en and o rricers o f local bar assoc iati ons, it is proposed to publi c ize what lawyers, through the o rganized Bar, are do ing. Thi s is not a press agent style erro rt to sell the Bar. It is simpl y an effo rt to info rm the publi c o f what the o rgani zed Bar is doing.

A new committee is be ing created for the Associ at ion on the subjec t o f automobile insu ra nce. I know that you have been reading new s articles concerning proposals related to the so -called "No-Fault Insurance". It is apparent that legi slati ve proposal s will be presented to the Arkan sas Legislature at its next general assembly. Thi s is a subject abo ut w hich a great deal o f information has been publi shed, and much o f it m isinformati on. The Committee w ill seek to ensure that the publ ic and the Bar are kept properl y advi sed o f the facts. No doubt you will be hearing mo re as the work o f the Auto mobile In surance Co mmittee progresses.

In his co lumn, " Executive Committee Notes", in thi s issue o f The Arkan sas Lawyer, our Secretary-Treasurer Bob Ross covers additional items from the Convocatio n of Committee Chairmen.

Again , the Co nvocat ion was a tremendous success. The committee chairmen have fine plans and programs already underway. I feel that with thi s team of dedicated atto rneys w e now have " the ball on 40-yard line", and wi ll have no pro b lem in reaching our goal th i s Bar year.

(About the author: A. R. Schaffer and Govern or Bumpers are married to sisters, th e former Margaret and Betty Flanagan; and their residences in Charfeston adjoin each oth er . Th e two families have been almost inseparable for more than twenty years. Mr. Schaffer describes himself, occupationally, as a semiretired real estate investor. His son, Archie Ifl, is a member o f the Governor 's executive staff. Of juridical interest: Although not an attorney, Mr. Schaffer once served four years as Deputy Prosecutor for South Franklin County; and a third Flanagan sister, Ruth, is th e wife of Twelfth Judicia l Circuit Judge Paul Wolfe.)

Many success-stories, or rath er stories ABOUT success, commence with a reve lation of child hood indicia presaging the individual 's eventual ca ll to great ness or high position . However, to emply such an entree in thi s sketch on Dale Bumpers would only echo the many documentaries and mass-media interv iews to which all the readers hereof were abundantly exposed during the 1970 campaign . I think a more interesting poi nt of departure would be to relat e an incident that is " typical Bumpers" and demonstrative of severa l trait s of his character.

O n a winter day earl y in 1966, thunder was ro lling o utside and a heavy rain rauling the long, loose windows o f the upstairs court room in Franklin Co unt y ' s Charl eston Distri c t Courthouse. Plaintiff's allorney Dale Bumpers was fighting against the elements

Cover Story • • •

"The Man From Charleston"

to ho ld the allention of a Ci rcuit Cou rt jury in a trial which would lead, later that same day, to a favo rab le judgment totalling $83,500.00. From ti me to time, it actuall y beca me necessary to move the jurors' chairs to avoid their bei ng drenched by the rain dripping through the aged, leaky roof. In the very midst o f these distractions, and without loss of momentum in his p leadings, Da le's mind formu lated another in the long se ries o f civic cru sades of his personal conception . It occurred to him that the com munity had, for many years, passively but needlessly accepted the drabness and deteri oration of it s hall o f justice. He was the first of his generati on to recognize a situatio n w hich could and SHOULD be co rrected, and he characteri stica lly d eterm in ed to do something abo ut it without delay.

The very next day, he was not resting upon the laurels o f his co urtroo m victo ry, which had produced the most substantial monetary verdict awarded to that date in a W es tern Arkansas damage suit. Interspersed between the telephoned acco lades from his fellow-barristers, Dale was already hard at work trying to o rgan ize a Courthouse Restoration Commi ttee. As is usual in towns the size of Charleston, thi s became a committee-of-one, and we w ere treated to one of those exercises in persistence fo r which GOVERNOR Bumpers subsequ entl y ga ined fame during the 1971 General Assem bly. Within a year fro m the date of that trial , after countless ho urs of fund - rai sin g, armtwisting, ca joling of County officials and reluctant insurance ad-

156

by A. R. Schaffer

justors, planning and nego tiati on of contracts, and personal supervision of the work, Dale could gracio usly permit ALL o f hi s fe llowtownsmen to po int with pride to a re-roofed Courthouse and a comp letely remodeled, red eco rated and re furni shed courtroom.

The courtho use resto ration was only one very small thread in a broad and impressive tapestry woven by Dale Bumpers' total in vo lvement in civic, schoo l and church affairs dating back to 1951. That was the pivotal yea r in which Dale, upon graduating from Northwestern University Law Schoo l, decided to cast his lo t with his home town rather than heed the call of the more affluent North ern economy which had already at tracted his brother and sister. (W. Carro ll Bumpers, a graduate of Harvard Law School, is President of the Greyho und Leasing and Financing Corpo ration, Chicago. Margaret Bump ers Kahliff i s Pr es ident o f ServomationCleveland, a multi -million dollar vending co rporatio n.) In the prior two decades, this same pauern of outstanding civic leadership had been true of William R. Bumpers, the father who taught Dale from infancy that " Po liti cs is a noble profession " . " Bill " Bumpers, as Charl eston knew him, had actually beaten the stacked deck of a 4 to 1 population disparity between North and South Franklin County and had been elected as a State Representative in 1933, on ly to be wiped out at the end of his first term by " re-apportionment" , a term which must now ce rta in ly be anathema to the entire Bumpers family.

It was thi s dedicati on to all good cau ses and concern s of his fellowman, and hi s proven mastery at c hampi o ning th e m , whi c h mitigated against any astonishment in South Franklin County when Dale first di scl osed an interest in seeking the Govern orship way back in 1968. Unlike the masses living elsewhere in Arkan sas w ho had no t yet felt the vibrati ons from his personal magneti sm, absolute integrity and o bvious competence, we here in Charlesto n simply KN EW that all he had to do was declare his ava ilability ..... and every purported obstacl e in hi s path wo uld di sappear as quickly as co ins at a carnival. We didn 't even want him to wait until 1970, but his own good judgment prevailed over our naivete ..... and the rest is history. I CA N assure yo u that th ere w as littl e surpri se in Charleston when the dark horse raced past all those better-known contenders in the preferential primary, nor when he went on to obliterate the giants of both parti es in September and November. To us, in all modesty and humility, Dale Bumpers didn 't " come o ut o f nowhere". To us, he was a SOMEBODY, fro m SOMEWHERE, with SOMETHIN G N EW to offer, in the right place at the right time.

Which brings us to that " country lawyer" image, created out o f who le cl oth by the national press. During the campaign , Dale occasionall y referred to him self as a " lawyer from a small country town ", an ho nes t desc ripti o n whi ch proved to be of consid e r a bl e p o liti c al valu e . Somehow , this apt phrasing was editoriall y twi sted into " se lf-styled country lawyer", generating impli cations of provinciali sm and un sophistication. No thing co uld be further from the truth . His highlydive rsif ied practi ce took him, on occasio n, from the JP Court in Barling, Arkansas, to the United Stat es Co urt o f C l aims in Washington, with excellent results in both places.

Altho ugh Dale performed a great deal o f general o ffice practice as a solo practioner in a onelawyer town, he was w ell known thro ughout W estern Arkansas and in Little Rock as an adept and

Go vernor's Mansion in Little Rock, Arkansas.

highly persuasive trial atto rney. In that capacity, his effectiveness was most ce rtainly not limited to his o wn co unt y. Hi s adversari es respected him as a formidabl e opposing counse l in any trial court in whi ch he appeared . In th e eighteen years of his resourceful presentatio ns to w idely-scattered juries, I can recall no more than three cases where the results were truly unfavorabl e to his cli ents. One o f his occasional adversaries h as ex pres sed th e fo ll owing analysis o f his pro fessional success :

" Although Dale was one o f the very best trial lawyers I know, he was equally skill ed in ach ieving a settlement of disputes. He in variabl y maintained a cool head in the most trying situati ons, o ften using h is excellent sense o f humor to great advantage. He maintained a cordial relationship with his opponent in situations w here many o f us w o uld ha ve b eco m e frustrated or bitter. When a matter was concluded, either by settlement or tria l, it was invariably true that, regardless of the di fficulty o f the subject matter, Dale's o pposing counse l and the opposing litigant wo uld express the very highest regard for Dale and the way that he had conducted

157

, hi mself. It is the commo n experience o f trial atto rn eys that, in an adversary proceeding, parti cularly those invo lving emoti onal issues, a part y will feel lasting enmity toward bo th the opposing part y and h is attorney. One o f Dale's greatest virtu es was his ability to avo id or reduce hard feelings, by a combination o f his effectiveness in dealing with his opponents and by good, sound advice to hi s own clients. "

GOVERNOR Bumpers' success with the 1971 General Assembly was nothing more than an extension of Dale Bumpers' training, attitudes and abilities as an attorney. One of his legislati ve aides has remarked : " Dale treated the members o f the Legislature in virtually the same fash ion as he wo uld ano ther lawyer. That is, he did not try to mislead them or threaten them or intimidate them, but rath er di sc ussed any proposed legislatio n with them as equals, o n an objecti ve, impassionate and professional basis. Thi s created an atmosphere whereby he could disagree with the legislators and they could disagree with him witho ut being disagreeable. By doing this, he was able to maintain their co nstant respec t, if no t

Continued on page 156

Continued from page 157

always their con stant support. Legislators who wo uld lead the fight against the Administration on some measures would be found fighting equall y hard, if not harder, as sp o n so r s o f o ther Administration measures."

A number of the legislators were al so awed by Dale's tremendous capa c ity fo r work and his quickness as establishing rapport with new acquaintances. These same qualiti es had been observed with some amazement by his cam -

paign field -workers the previous Summer. One o f the latter sent me the following report concerning a hectic earl Y-Augu st tour of Fayettevil le's supermarket parking lots : "The man is indefatigabl e. Thi s must surely be the most grinding phase o f a campaign, but he seem s 10 thrive upo n it. He has an uncanny ability to look cool and neat despite the most oppressive heat. Our little group of enthusiastic amateurs scattered to guide the shoppers to the cand idate. MoSI of Ihem were shy and suspi ciou s, and

See how we look on paper.

Stephens Incorporated. LittleRock Investment Bankers.

158

the qu es ti o n mos t frequently asked was 'Who is Dale Bumpers?'. O nce we maneuvered them to a point where Dale co uld establ ish eye-contact, however, the shyness usually di sappeared . If not then , it faded with Ihe handshake and the beginning o f conversaiton."

" Da le shakes hands firmly and looks those he meets straight in the eye. (He had advi sed us earli er to remove our dark glasses.) These two traits, togeth er with his readi ly-evident basic faith in the people, are the ingredients which inev itably put t hose to whom he talks al ease. When Dale caughl the name, he usuall y came up with some degree o f kin ship o r at least kn owledge o f kin . It seemed obfi ous that the electi on was in the bag if only all his relatives and their friends were to vote for him . He so licited questi ons, whi ch he an swered where he could or said Ihal h e w o uld co n sid e r . So mewhere he ALWA YS asked for the vote in a simple and direct sentence. By the time the conversation was nearing its end, Da le was usuall y receiving advice and enco uragement. He finish ed each brief conversati on smoothl y, never abruptl y, with a sense o f timing Ihat always accord ed dignity to the vo ter. As the crowd diminished and the helpers gathered at our ca r, Dale tidi ed up by visiting with people we had somehow missed . He was last into the car. He had been firsl out. As soon as the car doors cl osed, his first words were, 'Where do we go nex t ?" "

The adjec tive most frequently utilized 10 desc ribe Dale' speaking abilit y is " articulate". It is well chosen. No one ever call s him "glib" , becau se Ihe nuances in thai parti cular word wo uld be an in justice to his sincerity. He makes no effort to overpower or impress an audience with se lf-aggrandizing rh etoric. He sticks to his subject and makes his point. As dictated by time, he can condense his subject matter witho ut confusing his li steners or expand it without boring them. He employs his ta lents as a fine raconteur o r joketeller, and hi s great gift of mimicry, to embelli sh his speeches without deviation from the theme or target. Best of all , he knows when to sit

down. Con trary to being an " unknown" in mid-1970, he was already famed and sought -after by both legal and non-legal organizations as an after-dinner speaker and/or master of ceremonies.

Elsewhere in this issue of THE ARKANSAS LAWYER, there will appear a reprint of a speech Dale delivered at the 1968 Mid-Year Meeting of the Arkansas Bar Assoc iation in a sympos ium on the ECONOMICS OF LAW PRACTICE. Notwithstanding the uproarious laughter which (I am told) hi s remarks generated, this speech contains substantive and substantial advice for a solo practioner, and at the same time reveals a goodly measure of his philosophy. Following th ree related prepared speeches, a question-and-answer session ensued. The transcript of this session conta in s one very meaningful segment which warrants verbatim quotation here . . . . . for although it was an unprepared, unrehearsed and completely informal response to a sudden inquiry, it is also a distillation of the essence of the Bumpers ideal:

" QUESTION: Dale, you mentioned earlier that one way to build a practice is to acquit the defendant. Do you have other suggestions to build a practice in a smaller town?

ANSWER: As I look across this room and see all these gentlemen, most of whom are in firms, I realize that I am a poor example to give any of you advice on how to bui ld a practice. It took me longer, probably, than anyone here. But I would say Mr. -------------has hit upon something very important in his speech, and that is to leave those things alone which, in your mind and in your own good judgment, you know you have no business with. Those things that you DO take, do a good job, turn out the work. If you have a client who comes in and says he has this particular work to be done, tell him you are going to get it done and DO it; don 't procrastinate. The other thing is to be basicly honest with your client. I have known doctors who have gone into the sickroom, and regardless

of what the condition is, they promise or imply recovery. The patient is always scared to death, and if he lives, the doctor looks like a hero. Some lawyers use this tactic. I have never been one to do it. I have never tried to bui ld my client's hopes, regardless of how ironclad I thought his case might be. I have always been extremely honest with him . If it is a jury trial , I always make sure he understand s that I am going to give him the

very best service that I can, but that the jury is going to determine whether he is entitl ed to anything or not. If it is in Chancery, it is the same. But, as I say, I think a basic understanding on good, honest leve ls with your client is the best way in the world to get repeat business ."

The above impromptu remarks are of great signifi cance when one realizes, upon reflecti on, that the


Arkansas Eminent Domain Digest 207 Pages

Compiled by the University of Arkansas for the Arkansas State Highway Commission.

$9.50

Arkansas statutes Annotated 22 Volumes with Current Supplement $ 175.00 in the Slate of Arkansas.

WORKBOOK FOR ARKANSAS ESTATE PLANNERS

MITCHELL D. MOORE . WILLIAM H . BOWEN

A Complete Source for Planning Estates in Arkansas Planned exclusively for Arkansas lawyers. it is based on the statutes. cases, regulations, and tax s ituations of the state. This workbook serves as a guide to drafting a simple will, testamentary planning for benefit of minor or aged, forms of property ownership. purposes and techniques of making gifts, drafting partnership and business purchase agreements and many other important topics. The handy loose-leaf format makes this source a unique working too l-an inva luable reference for the Arkansas lawyer.

11 Ch a pters

REID'S BRANSON INSTRUCTIONS TO JURIES 7 VOLUMES WITH CURRENT SUPPLEMENT

$125.00

JONES LEGAL FORMS THREE VOLUMES. 68 CHAPTERS

$60.00

Contact Your Bobbs-Merrill Arkansas Representative, Mr. Joshua E . McHughes

$35.00

1408 Rowman Road LilLie Rock, Arkansas 72205

The Babbs-Merrill Company, Inc. 4300 W. 61nd St. / Indianapolis, Indiana 46168

Anv reseUer rs free 10 charge wha te .... er prrce rl Wishes for our books.

159

Governor Bumpers and family.

Cont inued from page 159

Dale Bumpers' approach to the campaign as a candidate and his approach to government as Governor, fo llowed and will continue to follow the same principles.

Dale's candor and forthrightness evolved quite naturall y from the ci rc um stan ces of hi s yo ung adul th ood. Hi s undergraduate studies at the Universi ty of Arkan sas were interrupted by a threeyear stint in the Marines. His law schoo l efforts at Northwestern were interrupted by the shocking tragedy of the loss of both his parents, in the prime of their lives, in an O klahoma automobile ac cident at the hands o f a drunken driver. His bride and he had a run down apartment contiguous to the intercity elevated train -tracks in Chicago as thei r first connubial h ome ; and th e 15-minute sc hed uling of the tra ins, both day and night , could not have been conducive to either concentrated st udy or ardent romance. Betty, who had several yea rs previously been an aspiring fashion designer and a st uden t at the Chicago Academy of Fine Arts, went to work as a hospital librarian in order to augment Dale's meager benefits under the G. I. Bill.

When he decided to come back to his small Arkansas birthplace, Da le rea lized that something more than the practi ce o f law would be nee ded , initiall y, t o assure economic survival and permit the raising of the family bo th he and Betty wanted. He bought back, from his Dad 's successor, the hardware and furniture store which had formerly prov ided his father 's livelihood. Starting wi th a zero equity and an immense debt, but with limitless energy, a flair for merchandising, a sa les-stim ulating personalit y, and the knack o f a bo rn trader, he rebuilt this business in ten years into the major retail enterpri se of South Fran klin County. Anyone fami liar wi th mercantile operations in the smaller Arkansas towns knows that such growth does not evo lve from cunning and deceit. It demands, instead, unswerving integrity and frankness in all of one's dealings with the buying publi c.

All the while he was se rvicing those washers, dryers and refrigerators, erecting TV antennas, installing air-conditioners, o r performing the hundreds of other functions expected of a rural area appliance dealer, Dale was simultaneously and carefully nurturing

160

and cultivating an expanding law practice. Sons Brent , now 18, and Bill , now 16, arrived on the scene while Dale was sti ll considered to be a hardware dealer who prac ticed law on the side. Daughter Brooke, now 9, came along after Dal e had progressed to recognitio n as an o utstanding attorney who al so happened to operat e a hardware store.

When I first undert ook to writ e this arti c le, I contacted several mutual fri ends of Dale's and mine within the legal fraternity, seeking reco llectio ns and reminiscences. Fellows like Brad Jesson, Do ug Smith, Ben Allen , Heartsill Ragon ..

. . and Don Callaway, that master of the metapho r and sage of semant ics. Their anecdotes were, o f course, largely unprintable. The kind I could relate to you during happy hour, but not here. It was striking to note that , next to their supreme regard for his abilities, they tho ught of Dale with humor. The warm and cordial type of humor, never deprecatory. This impresses me because I had learned from Lin Yutang years ago that humor is o ne of the three essential ingredien ts of wi sdom; and I have also long considered humor to be one o f the progenitors o f love. Some of their typical comments were: (a) " Congratulations on your electio n to the American College of Forensic Eulogy" ; and (b) " It is traditional to select a loyal employee or a junior partner when a favorable article is desired on someone. I am not at all certain that bro ther-in- Iaws fall into the same category."

Now in all truth, Dale is no t, to me, a political phenomenon SUI GENERIS. He is the guy next door. However, I can and do deep ly appreciate his many strengths; just as I can and do overlook his very few fault s. An appropriate closure here will be a brief, rand om cataloging o f some of the things Dale Bumpers IS .... . and a few things he ISN 'T. You will understand if I se lect o nly from his many good traits, and reserve the few minor flaws and sc rat ches unto myself. After all , it has taken me 2S yea rs to disce rn the rare and relatively in co nsequential debits on the ledger o f his character, because

they are so heavi ly o utweighed by the multitude of important credits enumerated below.

Dale is at ho me in a hut or a mansion. He is comfortable in jeans or a tu xedo. He is at ease among the w hittlers o n the courtho use lawn o r the intellectual s in the d raw ing-rooms of high soc iety or academia. He can d iscuss the price of canners-and -cutters or the Dow-Jones averages wi th equal in tell igence. He can read either Charles Porti s or Marcel Proust wit h eq uivalent pleasure. He can enjoy, w ith gusto, the music of eit her Mozart or the Grand Funk Railroad. He is a vorac ious reader, a h istory buff, a talented choirmaster, a pee rl ess Chri st mas ca ro ler, an avid bird-hunter, and an enthusiast for all spectatorsport s. As a part ic ipant, w hether the game is dom inoes or contract bridge, horseshoes or tenn is, he wil l rack his bra in and bust his gut to beat you.

He listens as thoro ughly as he talks. He contro ls his emoti ons wi thout any dampening of his enthus iasm. He is cautious w itho ut

bei ng indecisive, f lexible without being vacillatory. He is urbane without affectat ion, w itty witho ut being absurd. He can be insistent without being pompous. He is co mpassio nate with o ut being maudlin . He is po litically astute w ith o ut b ei n g p o lit ic all y motivated. He is neither too liberal nor too conservative; neither mercurial nor dilatory; nei ther tran sparent nor enigmati c. He is fa ir and reaso nable, but he can 't be conned.

So there you have h im ..... The Man fro m Charl eston. .. .my friend, neighbor and relat ive-bychance ..... and YOU R Governor. Appl y any checklist or ya rdst ick you w ish to the narrati ve above, and if you cannot concl ude that Dale Bumpers is " The Man for All Seasons" for each of Arkansas' 75 counties, you wil l at least begin to appreciate w hy we cla im him as such for So uth Franklin.

EPIL OGU E: Even a nov ice at the art of formulat ing encom ia knows that he is expected to eschew the negative. With an honoree like Dale Bumpers, th is was eas ily ac-

complished. My o nly apprehension is that, after the publication o f thi s article, I may no longer be able to perfo rm my long-s tanding fami ly function o f bringing him back to earth o n those occasions w hen he becomes proudest o f h i m se l f. He ncefo rth , I shall probabl y have to defer to Betty w hen the needle is needed, or perhaps to his son Bill , but I can guarantee to you that they are both prodigio usly capable o f that cho re . •

STOP HERE FOR MORE

"GO" POWER

161

For quicker starts, smoo th er

engine perfo rmance and more pass ing power .. . start wi th a

tank full o f SPUR, th e best gas fo r going!

A Qua lity-Control led Product of

MURPHY Oil CORPORATION

First National Bank of Camden Camden, Arkansas

Clinton State Bank Clinton , Arkari sas

Bank of Delight De light , Arkansas

Decatur State Bank Decatur, Arkan sas

The First National Bank Fort Smith , Arkan sas

DeWitt Bank & Trust Company DeWitt , Arkansas

The State First National Bank Texa rkana, Arkansas

Merchants & Planters Bank Clarendon , Arkansas

The Bank of Bradley Bradley, Arkansas

The McGehee Bank McGehee, Arkansas

The Citizen s Bank Bea rden , Arkansa s

First National Bank Searcy, Arkansas

Citizens Bank Boo nvill e, Arkansas

The Citizens Bank Batesv ill e , Arkansas

First State Bank Crosse tt, Arkansas

162

"Man is

his own

star.

Citizens Bank Ca rli sle , Arkansas

First National Bank DeQ uee n, Arkansas

Dermott State Bank D erm ott , Arkansas

First National Bank of Dermott Dermott , Arkansas

Bank of Dover Dover, Arkan sas

Bank of Malvern P. O . Box 897

332-6966 Malvern, Arkansas

Pulaski Heights Bank Little Roc k, Arkansas

("Qmmercial Bank of Alma P. O. Box 369 Alma, Arkansas

The Bank of Bentonville P. O . Box 687

Bento nville, Arkansas

Mcilroy Bank Fayettev ille, Arkansas

Phillips National Bank He lena, Arkansas

"

The Merchants & Planters Bank Ca md e n, Arkansas

The Eudora Bank Eudora, Arkansas

National Bank of Commerce EI Dorado, Arkansas

None can question thai Governor Dale Bumpers' star shines bright ly. Even greater accomplishments are on his horizon. The remaining words of this famous quotation are appropos ..

"Man is his own star; and the soul that can Render an honest and perfect man, Commands all light , all influence, all fate; Nothing to him falls early or too late." ...... . "The Honest Man's Fortu ne"

We are proud to join in this recognition ....

First National Bank Green Forest , Arkansas

The Bank of Harrisburg Harrisburg, Arkansas

First National Bank of Eastern Ark , For rest City, Arkansas

Planters and Merchants Bank Gillett, Arkansas

Bank of Cherry Valley Cherry Valley, Arkansas

Calhoun County Bank Hampton, Arkansas

First National Bank Harrison, Arkansas

Delta State Bank Elaine, Arkansas

Planters Bank & Trust Company Forrest Ci ty, Cotton Plant, &

De Va ll s Bluff, Arkansas

Union State Bank Junction City, Arkansas

Bank of lake Village Lake Village, Arkansas

Mercantile Bank Jonesboro, Arkansas

Peoples Bank & loan Company Lewisvill e, Arkansas

Farmers & Merchants Bank Marianna, Arkansas

Planters National Bank Hughes, Arkansas

Holl y Grove, Arkansas

163

Bank of Marvell Marvell , Arkansas

The Citizens Bank Marshall , Arkansas

The Bank of Montgomery County Mount Ida, Arkansas

Bank of Mountain View Mt. View, Arkansas

Farmers National Bank Clarksville, Arkansas

Bank of Glenwood Glenwood, Arkansas

First National Bank Gurdon , Arkansas

Perry County Bank Perryvi ll e, Arkansas

Bank of Pocahontas Pocahontas, Arkansas

Bank of Prescott Prescott, Arkansas

Portland Bank Portland, Arkansas

First National Bank of Paris Paris, Arkansas

First State Bank Plainview, Arkansas

First National Bank of Commerce Paragould, Arkansas

Piggott State Bank Piggott, Arkansas

JURIS DICTUM

Court administrators, be they judges or non-judges, must find ways to call upon each ind ividual in the system to the maximum of his abil i ties. To have judges on the bench, w hose tal ents are not being full y utilized becau se they have not been given a fair opportunit y to demonstrate their abil ities, is admin istratively inexcusable. Continued failure to call upon a judge, or anyone else in the court system for that matter, to the limit of his capacity can only result in the gradu al w ithering of both his abilities and his interest, w ith the indi vidual and the system o f whi ch he is a part bo th being the ult imate losers.

The importance o f delegating responsibility and authority to the lowest possible level wi thin a system is we ll appreci ated in the business wor ld, but those concerned with the administrati on o f the courts have been slow to learn thi s lesson. But then for some o f us lea rn ing is a slow process, as illustrated by the plight of the judge w ith the broken arm . For yea rs he had been accustomed to sneak ing downstai rs to the kitchen fo r a midnight snack. His dog habitually slept at the foo t of the stairs; and nightly he had stepped on the dog's tail , his ears, and his paws. But thi s night he stepped square on it s belly; the dog jumped up yelping; and the judge took a spectacular tumble, breaking his arm. " Now w ouldn 't you think," the judge asked in relat ing the incident to me, " that after all these years that damn dog would have learned something?"

The difficulty wi th some judges,

by C.A. Huie Executive Secretary . Judicial Department

The ro le o f a State Court Administrato r is one which is no t too we ll known or understood by many law yers and laymen. An address by Edward B. McConnell Administrative D irec to r o f th e Courts o f New Jersey on th is subject delive;ed at the National Conference on the Judic iary in Williamburg, Virginia, March 11-14, 1971 was bo th interes ting and info rmative. Th e first part o f Mr. McConnell's address appeared in the May 1971 iss ue of The Arkansas Lawyer. The second part was published in the July 1971 iss ue. Th e conclusion is pr inted herewith .

and court adm inistrators as we ll , is that once they have ostensibly delegated responsibility, they too often then insist that the subordinate to w hom authority was granted do the job exact ly as they would do i t. Such a situation is in to lerabl e for the subordinat e; he must be left free to choose his own paths and to arrive at his own so lutions. If thi s oppo rtun ity is afforded him, the superi or will often be pleasantly surpri sed to find that his subord inate has found a better way.

Fear o f mistakes is generally recognized as one of the biggest obstacles to effective delegati on, bo th for the superior and the subordinate.

Yet only by full delegation o f responsibility, with freedom from fear of failure, can we in the courts make full use of our human resources and avoid bureaucrati c stagnati o n. In ci dentall y, Ern es t Friesen, w ho spoke to you yesterday, has picturesq uely stated the four rul es for survival in a typical bureaucracy : " first, stay in with the o uts; second, don't rock the boat; th ird, exploit the inev itable; and fourth, don't get between the dog and the lamp post !" I subm it that some of us in court administrat ion should be less afraid o f getting our pants wet !

Second, to make ce rtain that a decentralized system is working well; that those to w hom responsib i lit ies are d e legat ed are producing the desi red results, it is essential that there be objec tive standard s of perfo rm ance by w hich all w ithin the system can be fairl y judged and held to account;

164

that there be a good inform ati on system to make essential data readil y available to management; and that lines o f communication be kept open for the free tran smission of ideas-not o nly up, down and laterall y w ithin the organization, but al so with outside interested individuals and groups.

In the courts we have been making considerable progress in the development o f meaningful judicial stati stics and in the free communication of ideas, but we have done little by way o f arriving at acceptab le objective standards by which to measure either the ind iv idual effectiveness of judges or other court personnel , or o f a court system as a whole. The establi shment of such standards is not an easy task in the judicial envi ro nm ent w he re, unl ike in business, do llars alone are no t an acceptab le measure o f performance, and w here the rea l values to be sought after are so variable and so intangible. Ye t, in my opinion, the task is worth pursu ing, for witho ut such standards we have no reliable way of determining w hich peop le, procedures or program s are successful and which are not.

There is, I th ink, one final factor w hich must be given greater consideration and w hich ultimately w ill have an important effect no t only on the ro le and effecti veness of a state court ad ministrator but also on the who le court system. For :ack of a better term , I' ll call i t publi c relations; and by th is I don't mean publicity.

It has o ften been said that courts do not exi st for the benefi t of

judges and lawyers, but to serve litigant s and th e public. Sometimes, however, I wonder whether we do n't, in fact, operate the courts for the convenience of these groups in the order named. I seriously believe that if judges and lawyers take a good hard look at the way the courts are run , they will have to confess that all too frequently litigant s, witnesses, jurors and the public are given less considerati on than they rightfully deserve. Don' t mlSunderstnad me: t don't believe that the interests of judges and lawyers should be ignored; I just think that they should be kept in proper perspective.

It is also important that we give the public a greater voice in policy decisions as to how the courts should be run . It is no longer sufficient , if it eve r was, for unilaterally formu lated poli cy to be wise, or even beneficial to those it touches. The poor, the black and the young-and other as yet more tranquil groups--are not likely to be satisfied with the performance of their government's judicial system unless and until they have some meaningful voice in the formulation of the poli cies by which it o pe rat es. Our ingenuity should be able to devi se ways of bringing this involvement about on our own initiative, without waiting, as so many of our establi shment institutions have, until we are compelled to take action by those who are more militant than we would like.

By way of co ncluding my remarks on the ro le of a state court administrator, at the ri sk of boring some o f you, because to date it ha s produ ced no aff irmati ve results, I'd like to repea t a proposa l for improved court administration that I made to the Third Circuit Judicia l Conference last spring, shortly after several of our state trial judges had been appointed to the Federal bench.

The reserve clause, the draft, and other alleged ly rest rictive practi ces of professional baseball , football and bask etball , may be of questionable legality, but I would suggest that their adaptation to the judiciary is worthy of your consideration .

Why I ask you, shou ld state courts at great expense develop and train judges, only to have them lured away at high sa laries by the Federa l judiciary ju st when they reach their years of peak performance? Think of the advantages to be gained if we were to organize Federal and State Judicial leagues, with the courts in each bo und to respect the o thers' right s and to refrain from poaching on the ta lent of the other league, except in accordance with mutually established ground-rules. Imagine, if you dare, what the results wo uld be if Chief Justi ces, Chief Judges, and Pres iding Judges were empowered annua lly to draft for their respective judicial rosters their c h o ice of practicing attorneys-the court with the biggest backlog, of course, having first pick! What would happen if they could trade judges during the su mmer recess or ot her designated periods? I suspect that in some in stances there would be offers to swap half-a-dozen run -of- the-mill judges, with an " undisc losed" amount of cash thrown in, for a single rea lly good performer! How many faces would be missing from the bench each yea r, if judges who

half your case

is a well -pr inted

br ief . .

fa iled to keep up with their caseloads were put on waivers, given their unconditional release, or farmed out to municipal courts for further exper ience? The possibilities stagger the imagi nation! Courthou ses and court tria ls might once again--as they were years ago-become centers of citizen entertainment. Revenue fro m TV rights and judicial endorsements o f gavels, robes and assorted other popular products not o nly would relieve the over-burdened taxpayers of upward spi rall ing court costs but would at the same time make possible judicial sa laries comparable to those of the highest paid practi ci ng lawyers. With the pub lic following the daily disposition averages of their favorite judges , lit ig ation would be processed with ever-increasing expedit ion and co urt back logs would become a thing o f the past! But what, you ask, wou Id be the ro le of the court administrator in this new scheme of things? Do n't worry about us! We would become the Bowie Kuhn 's and the Pete Rose lle's--the non-p laying, $100,000 a year commissioners and genera l managers of the new judicial leagues l •

STATE AND FEDERAL BRIEFS

Roy Craig, Owner/Manager THE LAWYER 'S PRINTER

TREVATHAN PRINTING CO. Newport, Arkansas, 523-3987

165

Member . . . .. Arkansas Bar Association 166

FALL LEGAL INSTITUTE FOREWORD

The Fa ll Legal Institute, September 17-18, on the subject of preparing and settling cases is a " mu st" for th e practic ing lawyer. The program em braces prac tica l, bread -and-butter prob lems w hose so luti ons are essentia l to th e success of th e Arkan sas practiti oner. The speakers, w ho have been assembled for thi s In st itute, stand at the ve ry apex of th e trial bar. They are trul y th e ve ry best obtainable from both sides of the counsel tabl e. Surely none o f us will pass up th e unique opportunity to hear th ese men give the benefit of their vast experience in preparing and sett ling law suits. Th ose lawyers w ho think they can not afford to attend thi s Institut e, in reality can not afford to mi ss it.

EFFECTIVE PREPARATION AND

SETTLEMENTS TECHNIQUES IN PERSONAL INJURY CASES

HE N RY WOODS Vice-President Arkan sas Bar Assoc iati o n

Sheraton-Little Rock Motor Inn Little Rock, A rkansas

September 17, 18, 1971

PROGRAM

Friday M o rn ing, Septem ber 17 Presiding:

Paul B. Young, President Arkansas Bar Assoc iation

9:00 Welcome-Paul B. Young

9:05

9:45

10:25

10:40

11 :20

NOON

Plaintiff's Preparat ion of an Automobile Case by John Fran k of Wichita , Kansas

Defendant ' s Preparation of a n Automob ile Case by Reid A. Curti s of New York City

Coffee Break

Plaintiff's Preparation of an Aviation Case by Tom Davis of Austin , Texas

Defendant 's Preparation of an Aviation Case by Eugene Jericho of Dalla s, Texas

ADJOURN

Friday Afternoon, September 17 Presiding:

2:00

Henry Woods, Vice-Pres ident Arkansas Bar Associati on

Plaintiff's Preparation of a Products Liab il ity Case by Lex Hawki ns oi Des Moines, Iowa

167

2:40

3:20

3:40

4:20

5:00

6:30-8:00

Defendant 's Preparat io n of a Products liaoility Case by M ic hael R. Gallagher of Cleveland, Ohio

COFFEE BREAK

Effective Sett lement Techniques by Emile Z. Berman of New York City

Settlement fro m the In surance Com pany Viewpoi nt by Tom Casey of Chicago, Illin o is

ADJOURN

RECEPT ION AT SHERATON-LITTLE ROCK MOTOR INN

Saturday Morning, Septem ber 18 Presiding:

A lston Jennings, Co-Chairman Fall Lega l In st itute

9:30 Documentation of Settl ements by Robert S. lind sey of little Rock, Arkansas

1015 COFFEE BREAK

10:30

NOON

Case Evaluation Cli nic by Joe Kelner of New York City

ADJOURN

'-7.2 ",G o;! rt '-7.2 . '10 ri q/tt

Dean, University of Oklahoma College of Law

Di rector, University of Oklahoma Law Center

I am ho nored that The Arka nsas l awyer is reprod uc ing the talk w hich I made last D ecem ber to the U nivers it y o f O kl aho ma l aw Alum ni Assoc iati o n . I hope w hat I had to say has as m uch relevance in o ne State as in ano th er. Regardless of w hether yo u agree w ith all that I had to say, the bas ic thrust 01 it is sim p ly that as lawyers we have a higher degree o f respo nsib i l it y fo r th e improvem ent o f o ur soc iety and for the maintenance o f a stable soc ial o rd er than ever before in hi sto ry. In a pe ri od w hen our nati o n is undu ly affl ic ted with tu rm oil and unres t, o ur respo nsibilit y becomes at tim es as unp leasant as it is burdensome. Bu t a peacefu l, o rderl y and progress ive system, based upo n th e li be rt ies w h ich w e cherish , is too impo rtant to be left to th e mercy o f rad ica ls, ex tre mi sts and asso rt ed lo ud mo uths. Consequent ly, wheth er we li ke it or no t, th e burden fall s upon us as members o f th e p rofess io n w hich has trad iti o nall y shaped o ur instituti o ns and has led o ur nat io n to do th ose things w h ich we must do to preserve and pro tec t o ur dem ocracy. It seems to me that, in th e Jefferso nian trad i ti o n, educat io n has a majo r ro le to p lay in thi s effort. law schoo ls in particu lar are changing to meet the demands and ex igenc ies o f the t imes. It is w ell that th ey are, because th e new radi cali sm find s p ro babl y its greatest express io n today o n co llege campu ses. Th e law must indeed be anath ema to th e radical s, becau se most of the ir

argu ments cannot stand t he light of reason. Yet if you have occasio n to meet any of these people, as I do, se ldo m w ill you encounter a more inten se and determin ed lo t. If law sc hoo ls are im prov ing, as many of us be li eve, it is a ve ry good thing.

As I have stated in thi s arti c le, th e great majo rity o f co ll ege stud ents do no t fall into the "campus radi ca l" catego ry, altho ugh th ey are the most soc iall y co nce rn ed of any co llege generati o n I have known, e ither as a facult y m ember of as a stud ent. (They are also the most unhappy. ) M an y o f th eir conce rn s are vali d, o f co urse, and w here they are va l id , we sho uld wo rk to so lve th em .

Th ere is o ne thing, al so, that I do no t bel ieve I spelled o ut in thi s speec h. The wor ld is mov ing so sw iftl y today, and cond iti o ns are changing so rapi d ly, that I d o ubt that the admini stratio n o f justi ce as we have kn own it can keep pace for very lo ng. It pro bably still operat es successfu ll y in A rkan sas and in Ok laho m a, but it d oes no t in many o f o ur larger states. The tim e has come, I beli eve, w hen much of th e thinki ng that has go ne in to p lans fo r the improvement o f o ur judi c ia l and governm ental systems is go ing to have to be p ut into effec t, if the p lans seem so und. When th e commo n law cou ld no lo nger cope with the n ee d s of Eng l i shm e n , th e emergence o f equ ity foll owed . I bel ieve we are o n th e verge o f a peri od in o ur hi sto ry when we will

168

Edi tors' Note:

It is a privilege to p ub lish D ean Wright's address, w hich was given to th e University o f O klahoma Co llege o f Law Associatio n at the O BA Annual Meeting, D ecember 3, 1970. Dean Wright has a record o f distingu ished se rvice as a member o f the Arkansas Bar Associatio n . Th e address first appeared in the February 27, 1971 iss ue o f Th e Jo urnal o f t h e Ok la h o m a Ba r Ass ociatio n--to which w e are indebted for th e permiss ion to reprint.

see some majo r changes o f that kind take pl ace - in o rder that justice may be accompli shed mo re ful ly, m o re rapid ly and m o re freely.

04rticle

For everything there is a season and a lime for every ma Iler under heaven .

Ecclesiasres 3:1 (R.5. V.)

But if in your though t you must measure rime into seasons, let each season encircle all the o ther seasons,

And let today embrace the pas t with remembrance and the future with longing.

Kahlil Cibran, Th e Prophet 62-63 (1923)

A meri can lawye rs hi sto ri ca l ly have l ived in an age o f change from the ve ry beginning to the present. Fro m co lo nial tim es w e have never been a nati o n w h ich cared much for standing sti l l. Th e statu s quo has never been a

feature of American soc iety. We have been a nation challenged by constant newness, confron ted by o ld and new frontiers, moving forward-always moving-facing up to ou r problems, co nquering them, winning aga inst adversi t y-alwa ys winning. The vi brance, the growth, the progress of America has been due in large part to it s attitude that no barrier is too great to be climbed, no obstacle too much to overcome, no path too challeng ing, no venture too fearful. In the scale of values that dominated the growth of the Ameri can republic, we placed a high priority o n economic, technological and soc ial advance. To stay put was to stagnate. To build , to improve, to excel were the virtues. And never mind the cost.

To the law was given the burden of keeping abreast of change and of occasional ly anticipating it. American l ibe rali sm, its philosophy stemming from the Declaration of Independence and the Bill of Rights, revered the individual and hi s liberty and sought to protect him against an omnipotent cent ral governm ent. O ur conse rvatism, shap e d by Ham ilt onian ideas, had a dynamic base which sought to make society more productive, to create a po liti ca l economy in which native inventiveness could flourish and in which the economic development of the nation would result in a multiplicity of worthwhile effects. We sought as a nation to overcome scarci ty-a scarcity of labor, of fluid capita l, of industry-and in the late 19th century, we turned the co rn er. Since that time, it has been somewhat typical of Ame ri can po liti ca l thought to base stabl e, democratic government on economic wellbeing. In many ways the victory over the forces w hich created and prolonged the Great Depression was no less a victory for American democracy than the Second World War-and in its time, no less a crisis.

We fi nd o urs e l ves today, however, facing a crisis of the old order which is no less challenging and no less dangerou s in its potential than the economic cri sis of the 1930's or the challenge of Hit ler's

Germany or of latter-day Communism. In many ways it is a more insidious thing, becau se it has none of the clarity of the problems of men o ut of work or direct and obvious challenges to a free society from foreign nations. I am refe rring , of course , to th e challenge of the young to the American system. I n a way, I hate to call it that , because for the vast bulk of th em, it i s not a "challenge" at all in a truly hostile sense. For most of them it is a call to America to live up to the ideal s which we say we hold to; and for

the most part, it is difficult to condemn the beliefs to which most of them ascribe. Most Ameri can youth are no t the bomb-throwers who blew up the building at Wisconsin, or the arsonists who started the fire in the Harvard Library, or the extrem ists who justify violent acts either by ca lling them " non -v iolent" or by some truncated argumentation to which the mental processes of lawyers cou ld never beco me attuned . Most young people today are turn ing away, in my op inio n, from


e're gettin our state together ..

thanks to Governor Dale Bumpers

and all who serve Arkansas.

Commercial National Bank of Little Rock

169


th ose wh o so meho w equat e vio lence and destructi o n with progress. Those who genu inely seek a peaceful world perhaps are coming to recognize that a man is just as dead if he happens to be a graduate student in the w rong place at the wrong time in Madison, Wisconsin, as he w ould be if he were a G.!. in the same situation in South Vietnam.

The most se rious weakness of so many of our co llege youth is not the allraction to radi cal causes, but a sort o f incredible naivete and a strange lack, for a generati on so we ll -schooled, o f a se nse o f history and a will ingness to app ly it in today's world .

In the case of Angela Davis, she is a black Marxist. Ergo, upon her arrest, the assumption is made that the " Establi shment" (and I read somewhere that I was a part of that, although I had no t known it until then) is out to get her. That there is a dead judge who has been murdered out in California seems extraneous. Thi s is who lly irrational to us, and it is the

irrati onal ity of it and the fact that so many young people are taken in by it that disturbs me. An article in the August, 1970, issue o f Harper's, by John Fi scher, lays bare thi s irrationality in discussing events at Yale last spring which related to the trial o f Bobby Seale, chairman o f the Black Panthers, for compli ci ty in the murder o f a fe llow Panther. Fi sc her repo rted that Seale was " the current fo lk-hero of many undergraduates and some of the faculty" at Yale and that the "s tudent s' campaign to ' Free Bobby' was accompanied by a strike, demonstrati on, arso n, a bombing, and two mino r skirmishes with the Nat ional Guard". After descri bing at some length the mass in sanity which se ized the Yale community, Fi sc her concluded :

"So m ewh e re at Ya l e las t spring-perhaps in the fa ke-Goth ic hall s of the law sc hool-somebody may have been making the class ic argument for trial by jury: however imperfect, it is the soun dest protecti on yet devi sed fo r

This modern, complete encyclopedia gives you the assurance of knowing. . . .

• you have the answer to every case taw question that you may be asked ; --

• you have all the law, even the exceptions to the rule ; • your answer is based on ~ decis ions reported in the

National Reporter System.

W EST PUBLISHING COMPAN Y Archie C. McLaren, Jr. 2983 Getwe ll Apt. 11 Memphis, Ten n. 38 11 8 Phone: 901/ 362-9665

170

disse n te r s a n d unpop ul a r minori ti es. If so, I never heard of him . Nor was the argum ent ever mentioned, to my knowledge, in any universit y p ubl ica t ion o r publi c mee ting. I had halfexpec ted th e Reverend M r. (Sloane) Co ffin to ra ise i t in one of his se rm ons, since he had been released by the courts in the Boston draft conspiracy case; but he did not.

" Th e eagern ess o f so man y student s and so me o f their teachers to use po liti cal pressu re to halt the w ork of the court struck me as the most surprising, and ominous, fact to emerge from the Yale demonstratio ns. Apparently i t never occurred to them that if they su cceeded , similar p o liti ca l pressures might someday be turn ed aga inst them. Neither did they stop to th ink that they were, in effec t, trying to throwaway a right that radical s had fought fo r from Runn ymed e to Peter Ze nger. Probabl y most o f them never heard of Zenger, since student activi sts these days generally regard

THE

VERDICT:

a su it from ,

302 MAIN, LITTLE ROCK

history as irrelevant. For that reason , too, they seem unaware of certain revo lutionists who succeeded, a generation ago, in overthrowing thei r countries' establi shed governments, and w ho promptly closed down the cou rts. They called themselves " fasc ists"."

I suppose at this point you are wondering what all of thi> has to do with the Law Center at the University of Oklahoma. It has everything to do with it. We have passed the time in Ameri ca when lega l educa ti o n can be concerned on ly with teaching torts and contracts and propert y, o r when lawyers can only be involved with the woes of their clients. I do not mean that we wi ll cease to teach th ese subjects, o f course, o r that lawyers wil l cease to be oriented toward represen ting clients and tryi ng cases. But I do mean to tell you, without trying to overly inflate your egos, that by virtue of our education and experience this pro fess ion of ou rs is in my op inion the best hope this nation has. We are "conservatives", everyone of us, including the " li berals" among

us, in the sense that even while we try from time to time to improve o ur laws and legal st ruct ure, we adhere to the basic values which are the foundations of the spiri t of liberty. Moreover, as lawyers, we are accustomed to change because we work in the midst of it. The Supreme Court m ee ts ; th e legislature meets; agenc ies formulate new regu lations-and the rules of the game change, day by day and month by month . We may, more and more, have to make change take place, in order to assure ourselves that the rule o f law cont inues to rul e. Thi s great Law Cen ter, thi s great dream which we hope will come to pass at Okla homa, will ultimately become the center for doing those things which Judge Learned Hand o nce ascribed to law sc hools-" of co ntri vi ng new methods, o f discovering new ideas, o f surveying new territory". In the Center we will work wi th the Legislature and the Bar in research projects to make our. laws better, and with the Courts and the Bar to improve our judicial system and

LOWEST PRICES ON: MOST EXQUISITE

FURNITURE FOR YOUR OFFICE . ..

De c o r a t o r & De si gn Se rvi ce By Fe e

the quality and knowledge of our professio n. We will do thi s through making ou r College of Law fully the equa l of the best state-supported institution s and many of the top private schools in the nation. We have already begun that process, through the help of the Bar, the Legislature, the Regents and others, such as Dr. Pete Kyle McCarter. We will produce ideas rath er than receive them, second-hand, from Harvard or si milar points . Did you ever stop to think that what we come up with might make more sense, particularly for the Southwest, than what emanates from points North? (If you read Fischer's article about the Bobby Sea le affair at Yale, you would I ikely become convinced of it.) We will do these things through research of all kinds, through working with State agencies and with the Bar and Legi slature, thro ugh continu ing legal edu cation , through th e publi c ati o n of books and periodicals of particu lar import to Oklahoma and the Southwest, and


Co ng r a tulat io ns to our

G re a t Gav ernor Bumpers There's something to be said for the largest Trust Department

in South Arkansas.

308 ROCK ST. LITTLE ROCK, ARK. 72203

171

Just ask South Arkansas.

(IDFIRST NATIONAL

O F E L D ORA DO

Cont inued from page 17 1

ultimat ely thr o ugh graduat e program s in law and through the training of parapro fess ionals. We will expand our effort s in clinical edu catio n, because I see the education of lawyers as mov ing more and more toward a combination o f tradit ional techniques and the pract icality o f the cl inical approach. Either without the other is demon strab ly poorer, in my opinion.

Thus it is , through all th ese activiti es, that we produce a "sc hool for all seasons"-for the law student, for the pro fession, for lawmakers, and for the people.

We do not have the naivete o f youth which leads some o f them to believe that a new society can be bu ilt overnight. As lawyers, we kn ow that it cannot; and w e also kn ow that man 's inhumanity to man is not cured by handing out flowers or by communal liv ing (which as best I can determine did no t serve too well to humanize Charles Manson). But when young people beco me concern ed abo ut

our envi ro nment, or about the quality of justi ce d ispensed in thi s country, or about gadgets that fail to operate properl y if at all , o r abo ut how doctors are getting ri ch off o f M edicare whil e the A.M.A. prevents the education o f new doc tors, or abo ut whether the human race is go ing to blow it se lf to Hel l and back before M onday-they are concern ed about things that we rightly sho uld be concern ed about as lawyers. For whether we think about it or not , ours is the profession that makes things w ork in soc iety, that structured thi s soc iety in ,.,e beginning, and that continues to restructure i t today. We can make it better, and we have a responsibil i ty to do so.

I referred earlier to the August issue o f Harper's . In the December, 1970, issue of the same magazine, Bill M oyers, form er ass istant to Pres ident Johnson, writ es of a long trip he made around the country, and he says this:

" People are more anxious and bewildered than alarmed. They don't know what to make o f it

~rkan~a~ JLanb m:itlt ~~~ociation

... . • ~ • • • u .. 1 . n ... . 0 ... .. 0 "

Is Proud To Join Hands With The


To Honor

Dale Bumpers Govern or, State of Arkan sas

172

all : of long hair and endless war, o f their children desert ing their country, o f congestion on th eir highways and ove rf l o wing c ro wd s in th eir national parks; of art that does not up lift and mov ies that do not reach conclu sions; o f in transigence in governm ent and vio lence; o f politicians w ho come and go whil e problems plague and persist; o f being lonely surro unded by people, and bored with so many possess ions; of the failure of organizati ons to keep the air br eathabl e , th e w at e r drinkable, and man peaceable; of being poor. I left Houston convinced that liberal s and conservati ves there shared three basic apprehensio ns: they want the war to stop, they do not want to lose their children, and they want to be proud of their country. But it was the same everywh ere.

" There is a myth that the d ece nt thing ha s almo st always prevailed in Ameri ca when the issues were clearl y put to the people. It may no t always happen. I found . .. . an impatience/ an intemperan ce/ an iso lation which invites opportuni sts who promise too much and castigate too many. And I cam e ba c k w i th questions. Can the country be wi se if it hears no wi sdom?"

Ours is the pro fession o f reason and wi sdo[n , if for no other reason than that those are the qualiti es which we venerat e. What we do in thi s moment in time is likely o f greater importance to thi s nation than all it s medical research and space programs, and ce rtainl y more important than the proliferatio n o f governm ental bureaucracy in Washington whi ch seems to produce li ttl e, but does it at substantial expense. We have as much o f a duty to make our system better as we do to condemn the idiocy that spawns campus vio lence and intemperate at tacks upo n the system. We have the duty, as a pro fess ion, and we had better tend to it. And that , hopefully, is what the Law Center is about , and that is also what our profession can do for America . •

..., w

111'.6 1\.6.61zrtiwr 11u 1\rkuu.6u.6 ARKANSAS WORKSHOP II ON

STANDARDS FOR CRIMINAL JUSTICE

e-···

RE I . Joinder and Severence 2. Trial by Jury 3. Discovery and Procedure Before Trial 4. Criminal Appeals S. Post-Conviction Remedies

sponsored by

ARKANSAS SUPREME COURT with

ARKANSAS JUDICIAL COUNCIL j

ARKANSAS PROSECUTING

ATTORNEYS' ASSOCIATION;

AMERICAN BAR ASSOCIATION;

ARKANSAS COMMISSION

ON CRIME AND LAW

ENFORCEMENT ;


OCTOBER 7, 8, 1971

ARLINGTON HOTEL, HOT SPRINGS, ARKANS AS

CONFERENCE

FOR

LEGAL SECRETARIES

(and Attorneys-at-Law)

featuring

J. HARRIS MORGAN , Morgan , Smith & Crouch Greenville, Texas

- noted lecturer-author in field of law office management

LEE TURNER, Turner & Balloun Great Bend, Kansas

- foremost authority on effective use of lega l assistants

RUTH BRUNSON, University of Arkansas School of Law, Little Rock Division

- Law Librarian and Associate Professor of Law

co-sponsored by

Arkansas Association of Legal Secretaries Arkansas Bar Association

October 9, 1971 Coachman's Inn, Little Rock, Arkansas

Docket Control' for the

Small Law Office

I. Basic Prerequisiles A. Eve ry legal matter whi ch

comes into the lawyer's o ffice must have a separate case fil e o r jacket ass igned to it. The parti cular legal matter (be it only a single piece o f co rrespondence) should have a permanent home in w hich all re lat ed papers, no tes o r documents can be fil ed and kept. The papers w ithin the file itse lf sho uld be uniformly maintained and securely fastened to the fil e fo lder. No papers should ever be separated from the fil e. W hen it is necessary to remove a paper fo r photocopying, the case file should accompany that paper to the copy machine, and immediately after the document is reproduced, the o riginal must be returned to the fil e.

B. In all cases an index ca rd sho uld be fill ed o ut at the same ti me the case fil e is opened. Th ese index cards will be illust rated elsewhere in thi s articl e. At least three different co lo rs of ca rd s should be util ized as part o f the doc ket contro l system (add itional co lo rs may be used depend ing upon the vo lum e or freq uency of parti cular types of cases in the lawyer's prac ti ce ). A w hite card can be used for all non-court matte rs (d ra ft ing w ill s, co ntrac t s, leases or real estate cl osings.). A pink ca rd can be used fo r all court matters whi ch o rdin aril y do not invo lve lit igati on (name changes, adoptio ns o r probate matters). Finall y, a red ca rd should be used for all court matters w hich ei ther involve litigati on at the outset (d ivorce and cr im inal cases), or w hich if not settl ed w ill result in li tigat ion such as co llec ti on mat-

By Darryl K. Nevers

ters and personal injury cases . Red is ass igned to cases w hich invo lve litigat ion beca use thi s is probabl y the greatest area of danger to the lawyer (all owing a statute of limitation to run o r mi ssi ng a due date for a pleading). All o f these cards are fil ed together alphabeti cally by the cli ent's last name. W h en a case i s co mpl eted (executio n o f the will o r settling the personal injury), the card is retired to the inactive file. In thi s manner, at any given time, the lawyer can reveiw every pending legal matter in his offi ce, gi v ing hi s parti cular attentio n to the red cards whi ch invo lve litigatio n. The index card file should be kept in a fireproo f cabinet o r vault.

C. All active and pending fil es o r jac kets sho uld be kept in a fire proo f cabinet w hen they are not out for a spec ifi c purpose (typing, rev iew, research o r court) . In addit io n, no fil es sho uld be left out at the cl ose of the day. In the event of a fire o r vandali sm, it would not then be necessary to invento ry all active fil es by crosschecking them w ith the card index to f ind w hich f il es were destroyed or sto len. Of course, the fireproof cabinet sho uld al w ays be locked w hen no o ne is in the office. The problem of duplicating a lost o r dest royed f il e is apparent. Fil es whic h are being worked on by the secretary and not completed at the end of the day can be placed in a reserved secti on in the fireproo f cabinet fo r easy re mova l at the beginning of the new work day. Parti cularl y va luable documents such as notes or securiti es should be stored in a sa fety deposi t box at the lawyer's bank, and a memo to

174

(Editor 's Note:-The January 1971 issue of The Arkansas Lwyer, at pages 18-19, carried two artic/es on " The Profess ional Liability In suran ce Problem, " and th e so lution fo r members o f th e Arkansas Bar Association. As a part o f the Association 's new professional l iability program, informacive arCic/es will be published fro m cime CO Cim e in The Arkansas Lawyer, and will be idencified by che $ sign. Mr. Nevers' article is in chis series. He is a graduace of the Marquette Universicy Law School and practices law in Milwaukee. We are indebced co che StaCe Bar o f Wisconsin and Mr. Nevers for p ermiss ion to re print his article, which firsc appeared in ch e D ecember 1970 iss ue of th e Wisconsin Bar Bulletin.)

chac effect placed in the fil e. D . Th e acco unt s rece iva bl e

ledger sho uld be kept in the fireproo f cabinet.

E. Within the firep roof cabinet, the lawyer can gro up the act ive fil es as best fit s hi s parti cular needs. If he does a large vo lume of di vo rce o r co llect ion, he might w i sh to g lo up th ese fi l es se parat ely, keeping suc h f il es arranged in alphabeti ca l o rd er w ithin that parti cular gro up. Will s (the law yer's copy) m ight also be kept together in thi s cabinet since he never kn ow s w hen he might have to refer to one fo r redrafting o r some other purpose. If the law yer does keep the o riginal w ill at t he c lient's request, he should keep it in the office safety deposi t box at hi s b ank . Bas i c all y, how ever, the fireproof cabinet is for active fil es and c losed fi les

should be st ored separate ly. Files in w hic h rep li es to correspondence or responsive· pleadi ngs are expected might also be separately grouped togeth er for easy review. Cases whi ch are awaiting trial might also be separately grouped together. If files are gro uped in thi s manner, the sec retary seeking a particu lar file might have to search severa l groups before finding th e specific file. O n the other hand, in order to review files pending trial or in w hich something is due to be received, for example, th e lawyer need only review one parti cu lar group. If the lawyer adopts the separate group system of keeping his ac tive files, each separate group shou ld be clearly labeled suc h as PENDING DIVORCE , TRIAL DATE SET, or RESPONSE DUE.

F. There sho uld b e some method of tickler o r suspense system ma int ain ed. An easy method is to arrange 31 fi le fo lders, one for each day of the month. Reminders o r notes wh ich should come to t he lawyer's attention on any particu lar day (includ ing lega l matters, hi s wife's birthday or a reminder to pay th e office rent) are placed in that day's file. This fi le is checked every morning for th at particular day. If it is the 2nd of the month, and the lawyer wishes to be reminded to begin research on the Jones case in 10 days, he simp ly puts a note in the file marked 12. Every Friday morning, in addition to checking the suspense file for that day, th e following or next two files are also checked (Satu rday and Sunday). This suspense system is not intended to remind the lawyer of his daily appointments or court dates. He m ust maintain a separate daily ca lendar for that purpose and his secretary shou ld keep a duplicate calendar for her own use. These two calendars are cross-checked at the end of each day. When the lawyer makes an appo intment, he must be sure to inform his secretary so that she can keep her da ily ca lendar up to date. The lawyer's daily ca lendar should always accompany the lawyer w hen he leaves the office so that he can consult it at any time to prevent time confli cts w hich are

not always easy to resolve at a later time.

G. Large masses of files, papers, bills, books, daily reporters, bar journal s and ot her materials must never gather on the lawyer's desk. Everything must have its place or some thin g wil l be l ost or overl ooked . Printed matter w hich the lawyer intends on reading (ad vance sheets or bar journals) should be placed in one area of the law library and not fil ed away until he initials and dates th e cove r.

H. The lawyer and his staff must dicipline th emse lves to follow the office procedure in every instance. The system works on ly if it is ca refull y ad hered to .

I. The office staff must be admonished never to release any inrormation or fi les to any person at any tim e unless they have spec ific instructions to that effect. They have also been warned never to discuss cases outside of the office. The sec urity of the law office must be strict.

J. The lawyer, particu larly th e so le practiti oner, must have arrangemen ts made in advance for the con tinuati on or w indup of his law practice in the event of his death o r se ri ous disability. His w ife should know on whom she can call for ass istance shou ld it ever become necessary. Stat utes of li mitation do not cease to run because a lawyer dies o r is incapacitated.

II. Purpose and Importance of Docket Control

The purpose of docket control is to assist the lawyer in the orderl y and controlled performance of his lega l duties and responsibilities, particu larl y th ose which are limited by a specific time facto r. A docket contro l system wil l prevent the lawyer from missing a statute of limitat ions or a tax tender. It wi ll keep him in stantly informed of due dates for p leadings, court dates, statutes of limitation, tax tenders, and o ther important duties which are limited by a time fac tor. A docket contro l system w ill provide the bluepri nt for the orderly take-over of the lawyer's practice when he dies or is se ri o usly incapacitated. Lawyers usuall y develop good m emori es

175

over the yea rs, and thi s is th e invisible extra measure of securit y, but no lawyer's memory is infal l ible. A docket contro l system prov ides peace of mind and security. It will preven t se ri ous finan c ial loss to cl ients for which the lawyer could be personally responsible. In addi tion , with the increas ing number of malpractice claims arising again st lawye rs, a contro lled system w ill prevent the cance llati on of a lawyer's malpractice in surance. All companies now writing malpractice in surance for lawyers requi re detailed info rmation regarding his method of docket con tro l in the renewa l application.

III. Suggested Method of Docket Control

The simple d ocket con tro l is the easiest to maintain and keep current. There are three basic elements to an effic ient docket cont ro l systam': (a) a ca rd index as exp lained above, (b) an orderl y system of maintaining file cover sheets and stori ng act ive files, and (c) a master docket con tro l sheet.

Keeping Active Files Act ive files must be kept and

maintained in an o rderly fashion . Wh ile th ere is no si ngle way to keep a file, generall y, it is a good idea to keep the correspondence, pleadings and miscel laneous notes each in separate units w ithin the fi le. Im portant dates whic h involve o r req uire the performance of some specific act or duty on the part of the lawyer withi n a limited period of time, such as a statute of l imitations o r a tax tender, should be written bold ly in red ink on the inside of the front file cover. When the lawyer opens the fi le fo r any purpose, there is a constant reminder of t h e important time limitation. A hodge-podge file is like a messy closet. Not on ly does it reflect poorly on its owner, but it will eventually prec ipitate sea rching and shuffling with resulting time loss and perhaps the loss o f the ob jec t being sought. All court o rd ers, findings and pleadings should be ca refull y conformed with the original to reflect the dates and names of the judge o r parties sign ing the same. The information rel ating to admission of



service should be written on the fil e copy of the pleading or court paper involved. It is al so a good idea to photocopy all affidavits and certificates of service and attach these to the file copy of the paper which was se rved by the process se rver. Finall y, every fde should contain some method of cover system which will show at a glance the co urt papers and pleadings contained in the fil e and the dates th ese papers are due as well as the dates on which they were served and filed . Some commercial files are ava ilable with thi s type o f information already printed on the o utsi de o f the jacket. A lawyer can make up his own form of cover sheet and have them reproduced for this purpose . He can include whatever information he wishes such as the capti on of the case, the name and location of the court, the name o f the judge, the name and phone number of opposing counsel and interested parti es . , THE STATUTE OF LIM ITATIONS (printed in red) , and the particular information concerning the due dates, service and filing of pleadings and co urt papers. As stated above, all active files must be kept in a fireproof vau lt or cabinet when they are not in use.

Master Docket Co ntro l Sheet The master docket control sheet

is only for cases which involve litigation (red ca rds) or cases in which the lawyer's performance of some act is limited by a time factor. Not o nly will an entry be made on this control sheet for all pending lawsuits, but probate mat ters which require tax tenders or the filing of federal estate tax notices and returns will be noted thereon as well . In addition , depending upo n th e lawyer' s specia lized needs in his own practice, an entry will be made for any case which involves a crucial time factor. Cases which only invo lve drafting or court matters in which there generally is no crucial time fac tor should not be included o n the master docket control sheet. The master docket control sheet should group the cases as to type. There can be separate groupings for probate, negligen ce cases,

divorce cases, and those cases in which th e lawyer ha s been retained as defense counse l. There might be separat e groupings for other types of cases depending upon the volume of these cases in the lawyer's practice. It is best to group the cases according to type because each type o f case requires the entry of different information . The master docket contro l sheet presents an over-a ll picture o f all current lega l matters in which the element of time portrays a vita l role and the lawyer's duties are spec ifi ca ll y regulated thereby. It is a v isual summ ary o f tim e lim itations. It should be placed on a wall for easy rev iew and maintenance. A locat ion should be selected so that the master docket contro l sheet cannot be seen by clients. Care must be exercised so that the index ca rd s, cover sheets and master docket contro l sheet are kept current at all tim es.

When the lawyer has adopted a system of index ca rd s, cover sheets and a master docket contro l chart for his active fil es, he will have ava ilable the necessary too ls for effective docket cont ro l. These too ls should be used as part of an organized system of checking and cross-checking to be fully effecti ve aga inst the unnoticed pass ing of a c ru c ial tim e limitation . Th e check ing procedure shou ld include regular independent checks by the lawyer's staff to supplement

I

were mohkjng

t Ings happen

176

the check ing done by the lawyer him se lf. The lawyer should on a' regula r basis, at least once eac h month, rev iew the index ca rd fde and cross-check the index card s wi th the file cover sheets and master docket cont ro l sheet in order to be ce rtain that all elements of his docket contro l have been kept current. He sho uld review the master docket contro l sheet each day to check those important time limitations which regulate the performan ce o f his lega l duties. Every member o f the lawyer's staff sho uld fully und e rsta nd th e docket control procedures in the office as well as their importan ce. As part o f her assigned duties, the lawyer's secretary should check each morning the suspense file and the docket contro l sheet and ca ll to the lawyer's attention such matters req uiring attention prior to the exp iration o f a particular time period. The secretary should al so maintain a follow-up proced ure to ensure that the speci fic task has been completed well in advance of any time limitation or due date.

Variations of the docket control methods outlined above can be made to fit the needs o f any law practice . It is urged that every law office adopt a docket control system to ensure the orderly and timel y performance of the lawyer's duti es and to fulfill th e professional res po n sibiliti es required in the practice of law .•

The first meeting o f the new Executive Co mmittee was convened in Little Rock on August 6 in conjunction with the convocation of committee chairmen at whi ch some thirt y-eight com mittee chairmen reported on activities already under way and plan s for the remainder of the year. New members of the Executive Committee making their first appearance were John Mann of Forrest City, lynn Wade of Fayetteville, Jo hn lile (Chairman of You ng lawyers Section) and Steve Matthews (Chairman of the Arkan sas Bar Foun dation) of Pine Bluff and Dale Price of Little Rock.

The nominatio n by President Paul Young o f William S. Mitchell as Chairman of the Judicial Nominations Committee was ratified by the Commi tt ee and Mr. Mitchell's com mittee was authorized to estab li sh i t s own rules of procedure and to incur the expenses necessary to circularize all the lawyers in the Judicial or Chancery circuits in which a vacancy occurs. It was indicated that Governor Dale Bumpers would follow the recently insti tuted procedure of consu lt ing the Judi cia l Nominations Committee for nominations from which the appont ment would be made to fi ll any vacancy.

EXECUTIVE COMMITTEE

NOTES by Robert D. Ross, Secretory- Treasurer

David Hodges, representing the Association 's Defense of Criminal Indigents Committee and who is also Chairman of the Arkan sas Commission on Crim e and law Enforcement, report ed to th e Executive Committee that funds are available from the law En fo rcement Assistance Agency to fund pilot Public Defender programs on a matching fund basis with local Jud icial Circuits. The 4th Judi cia l Ci rc uit (Washington County) has an application pending for funding of a pilot program and the 12th Judi cial Ci rcuit (Sebastian County) has an ap plication in preparation . The Exec utive Committee endorsed the concept of pil ot Public Defender programs and also endorsed the app li cation s o f the two districts.

The Executive Comm ittee adopted a reso lution designating the Arkansas Bar Association as a member of the American Bar Retirement Association . This does not ob ligate ou r Association or its members but makes the American Bar Association retirement plan available to all members of the Arkansas Bar Association whether or no t they are members o f the American Bar Association .

The preliminary report presented to the Committee by the Secretary-Treasurer concerning the

177

financial affairs of the Association for the fiscal year 1970-1971 in dicated that the Association had an excess o f income over expendi tures o f mo re than $4,500.00.

Ed Bethune, Chairman o f the Standards of Criminal Justi ce Committee of the Association, reported that plans are well under way for Workshop II to consider five additional standards - Joi nder and Seve ran ce , Di scove r y and Procedure Before Trial , Trial By Jury, Crimina l Appeals, and Post Conviction Remedies - when it meets on October 7th and Bth in Hot Springs. Thi s workshop, to be attended by the State judiciary, pro sec uting att o rn eys and interested lawyers, hopefully will , along with the already obtained results of Workshop I, provide ideas and material helpful to the Arkansas Supreme Co urt Advisory Committee charged with aiding the Court in promulgating rules of criminal pleading, practi ce and proced ure under the authority gran ted the Court by Ac t 41 0 of 1971 .

The next regular meeting of the Executive Committee wil l be held on Thursday afternoon, September 16 in little Rock immediately preced ing the convening of the Fall l ega l Insti tute on Friday, September 17.

Faulkner County Bar Association

Ouachita County Bar Association

Thirteenth Judicial District Bar Association

White County Bar Association

Crittenden County Bar Association

Sebastian County Bar Association

Arkansas County Bar Association

Crawford County Bar Association

Columbia County Bar Association

Conway County Bar Association

Sl Francis County Bar Association

Pulaski County Bar Association

Baxter-Marion County Bar Association

178

We reecho the sentiments expressed in the Spec ial Award recently p resented Govern o r D ale Bumpers by the A rka nsas Bar Association and th e A rkansas Bar Foundation . . . . " Fo r yo ur co n tribu tion to public service in a manner exemplifying the highest tradi tions of th e lega l pro fession . .. "

Osceola Bar Association

Saline County Bar Association

Hot Springs County Bar Association

Southeast Arkansas Legal Institute

Pope-Yell County Bar Association

Jefferson County Bar Association

Clark County Bar Association .

Union County Bar Association

Washington County Bar Association

Craighead County Bar Association

Polk County Bar Association

Garland County Bar Association

Phillips County Bar Association

by Professor Robert Brockmann

At the time thi s is written the University of Arkansas Law School is in the process o f concluding its first yea r of a se lec tive admissions system. The selec tive admissions process has a two-fold purpose. First, it is designed to upgrade the quality of the law school by improv ing the academic qualifi ca tion s of the student body which then has the ultim ate end result of improving the profess ion . The seco nd purpose of se lect ive admissions is to select from the great mass of applicants to law sc hoo l, those possessing the qualifications that predict success in the study of law.

Actually the University of Arkan sas School of Law is a latecomer in the area of se lect ive admissions. Many schoo ls have had a se lec tive admissions process for some years. In the spring of 1970, the law school was inspected by Professor Millard H. Ruud of the University of Texas. This was a routine periodical in spectio n by the American Bar Assoc iation which accredits the law sc hool. Professor Ruud is Consultant o n Legal Education to the American Bar Association . One of the concern s expressed by Professor Ruud was the lack of any meaningful se lective admissions system at the law schoo l. The concern was later repeated by Professor Ruud in a series of info rmal co nferences with the autho r of thi s column when he represented the law schoo l at the Law Schoo l Admission Test Council Annual Meeting held in Sun Valley, Idaho later in the spring. Thereafter, a facu lty commi ttee was appointed to evo lve an admi ssio ns system. The committee came up with a system similar in many respects to

those used in a large number of o ther law sc hoo ls. The factors consi dered are the individuals score o n the Law Sc hool Admission Test and hi s undergraduate gradepoint average. The Law School Admission Test is administered by the Educational Testing Service of Princeton, New Jersey and is designed to predict scho lastic achievement in law school and to provi de information about th e und e rgraduat e preparation o f law schoo l applicants. The two factors, LSAT score and undergraduate gradepoint average, are weighed as equall y as po ss ible in the se lec ti on process. In analyzi ng thi s in formation another se rv i ce of Educational Testing Service is utilized. Law Schoo l Data Assembly Service (LSDAS) analyzes the undergraduate tran scripts of the applicants and provides an index figure based upon the two se lective factors. Those ranking highest are then tentatively admi tt ed to the law school. In order to secure their admission the applicant is required to make a non -refund able deposit of $50.00 within a prescribed time from his notice of admission . This is to help insure the law sc hoo l that the position actually will be occupied. It is interesting to note that even in thi s day of overcrowd ing in law schoo l, there is still a keen com petition for the best qualified appli cant s. As a result we have noted the lo ss of some o f our best qualified applicants to ot her law schools that have apparently been able to offer attractive schola rships. Admissions at the Fayettevill e campus numbered about 160 which will about maintain the sam e over-capacity enro llm ent

179

present last year. The standard s for admission to the two division s are the same with all admi ss ions currently being hand led at Fayettev ille.

It fell the lo t of the author to be appointed Director of Admissions by Dean Brnhart. I was ably assisted by Mrs. Carolyn Emmons, a secretary here at the law sc hool who handled most of the admini strative detail s of the system. Experi ence has been a good teacher and hopefull y, some of th e problems enco unt ered in the earlier slages can be worked out in the future. From the predictions cu rrent in the Lega l Education field, the crush o f appli cants will cont inue for quite a few more years. As far as advice to applicants is concerned , th e time for loafing one's way through undergraduate schoo l had been eliminated by competiti on. A bare C average may return to haunt o ne in the future!

BLACK BEAUTY corporate outfit

No. 70 BLACK BEAUTY 523 . WITH 50 BLANK SHEETS FOR MINUTES. BYLAWS NO . • 0 WITH PRINTED MINUTES a BYLAWS SZ4.50

Outfih contain, 20 CERTIFIC ... TES - POCKET 5EAL.-TRANSFE R SHEETS

"" INUTE eOOK _M INUTES III B'fLAW5 - SLIPCA$£ Poat ••• prepaid if romittA_to i. lellt with order

Give Corp. Name, Sllle, YU( al lneotp" N o. of Shires Pir Value if .ny .............. C.pilll Stock $ ••..•..•.• __ _ •

811:NO !"OR COM PLETE C .... T ... LOG

EXCELSIOR-LEGAL STATIONERY CO. INC. 62 White Street, New York. N. Y. 10013

• , ,

Arkansas. Her hills whisper of a proud past. Her forests boast of tomorrow. Her lakes and rivers reflect the tranquility of her people. And her mountains, the strength of her leaders. Our state has a lot of future ahead. With God's help, we'll keep on growing in the right direction.

,.,WDRTHEN l!!!J Bank & Trust Company

1

tile scene • • • • • • • • • • • • • • • • • • • • • • • • •

Arkansas Bar Association Fifteenth Mid-Year Meeting Economics of law Practice

Marion Hotel , little Rock, Arkansas January 19-20, 1968

tile sub lee t . . . . . . . . . . . . . . . · · · · • • • • How to Work Alone and like It

tile spetilter ............ · • · · · · · · · · · Honorable Dale l. Bumpers, President

of the South Franklin County Bar Association

MR. DALE BUMPERS: Thank you very much, Glen. I want first to say that at this historic conference this morning between Griffin, Dave and me, it was agreed that I would be last. I don't know who gave Mr. Drummond the authority to change that, but I do want to say that when Griffin said that this was supposed to build up a climax, I was supposed to be last. (Laughter.)

What I have to say primari ly concerns solo practice in a sma ll town, not Helena nor Little Rock. It is divided briefly into 2 parts; that is, the history of eatab lishing a practice in a small town and secondly, such economies as I have been able to manage in my office. The first part is the lengthier. (Laughter.) The time limitation placed on me precludes a complete revelation of all of the ingredients of my fantastic success, but I can say that I started practice in Charleston, Arkansas, where I was born and reared , in 1951 . There are 1353 souls in this community. I graduated from law school that year and established my practice there with the following ingredients: a brilliant legal mind, a sizeable bank account, articu late debating ability, an impeccable wardrobe and a reputation in the community for humility and modesty. (Laughter.)

As a matter of fact , I recommend these things to any attorney starting anywhere.

The first thing I noticed after

182

opening my office was a scarcity of clients. This scarcity developed into an absolute drought. At the end of the first year, my gross take was $432. The more affluent people in my community, needing legal se rvices, were apparently oblivious to the budding young Blackstone in their midst and sought services elsewhere. Those who did find their way to the portals of my office were the poor, the ignorant, and the most preve lant introductory question by my first clients was, " Ain ' t you a sort of a lawyer?" And in all candor, that was a most legitimate question .

Having attended law school outside of Arkansas, I was at a distinct disadvantage in certain areas, such as procedure, probate and the Arkansas Constitution. In an effort to overcome this, as well as other shortcomings, I attended every seminar, every institute and every bar association meeting that I could possibly find as well as spending as much time . as I possibly could with my patron saint, Mark E. Woolsey. I carefully

•

watched those attorneys who seemed to be the most successful and attempted to imitate them. I suppose you could say that my early pract ice was sort of a " monkey see, monkey do" practice. (Laughter.)

Even so, the lack of clients con tinued at an alarming rate and by the end of the 7t h yea r, my brilliant lega l mind was sha tt ered, my bank account non-existent , my articu lation reduced to a stutt er; and my wardrobe frayed and out of style. My reputation for humility was soaring to new heights. At thi s point in my career, there was a drastic c urren t eve nt. Th e Sebastia n County Sheriff's Depart ment, in an apparent effort to satisfy the demands of the press and si multaneously clear their docket o f another murder, charged a promine. Cha rleston business man wi th the cri me. This man, for reason s s' !I unknown, elected to employ me to defend him. He w as as pure as the driven snow and in nocen t as a newly ordained nun. After a highly pub licized 3-day trial before a packed court room, the

jury deliberated 15 minutes before returning a verd ict o f acqui ttal , which had been a foregone conclusion from the opening statement. (Laughter.)

The general publi c, at least in rural areas, eq uate this type of success, in a criminal case, with ability in all fields and I have not lacked for clients since. I recommend a nice easy murder case for every beginning attorney.

This brief history brings me to the second phase of the story. In the beginning, I had fel t compelled to take everything that came in my door, whether meritorious or no t. Most o f the time I didn 't know the difference. Not only did thi s disrupt any system o f office organizati on and prevent good utilization of time, but for the most part it was unremunerative.

When one spreads him se lf too thinly, the results are usually thin . With my newly found success, I gradually began to limit my practice to the fields in which I had had more than a cursory experience and could at least, with

proper research, stand on a fairly eq ual footing w ith some of the specia li sts in the larger firms. I refer especially to the perso nal injury cases necessary in any practice, and oil and gas law which is peculiar to my area. In addition, one must have a good working knowledge of property law , probate and domesti c relat ions, which is essential to the survival of any sa le practitioner in a small town. These will sustain him between damage suits.

I recommend to any small town so lo practitioner that as soon as possible he give up being an expert on socia l security, veteran affairs, welfare, income tax and similar fields. I remember the fi rst yea r I practiced, a very ignorant, i lliterate, man came into my office with a W-2 form showing that he had earned $940 the previous year. He had earned it from my fath erin-law who was a large ran cher there. I assured him that he need not fil e a return since he had 9 children to my knowledge. He insisted that the Internal Revenue


A Friendly Bank to

Do BUSIness WIth.

Ex pert Witnesses Serving the Legal Profession

Forensic Chemists Toxicologists, Metallurgists

and Engineers

Oualified in State, Military and Federal Courts

Completely Equipped Laboratory

10RTOI COISULTAITS, IIC. ChemiltsITolicolo,ists/letllurcilts

5201 Mabelvale Pike, Little Rock, Ark. 72209 Phone 501-562-0742

OUR TRUST DEPARTMENT WILL PROVIDE THE

TEAMWOR K TO FULFI LL THE WISHES OF YOU AND

YOUR CLIENTS.

MERCHANTS & PLANTERS BANK

JA 3-3601 SECONO AT HAZEL

NEWPORT, ARKANSAS-12112


Servi ce had sent him thi s paper and he wanted to do something wi th il. So, finally I said , " Well , all right , Pete, li st your children and starl with the o ldesl." He groaned and he strained and finally he came up with 8 children, but he cou ld not come up with the 9th one. He said , " I wish my wife was here, she kno ws t hem kids. " (Laughter.) t said, " Pete, don 't swea t it , friend, you've got enough here" and he lefl the o ffi ce still chagrined at being unable to remember the name of the 9th child . He lived about 3 miles from town and about 2 hours later, a lit tle ragamuffin boy, snolly nosed, came into the office and stood in the lobby for about fi ve minu tes dnd my secretary said , " Son, could I help you?" And he sa id, " Pa forgot me." (Laughter.) That is a true story.

I highly recommend the referral of all cases inv o l vi ng labor relatio ns, bankruptcy, civil rights, most creditors' claim s and cases in other fields, where an allorney's experience is likely to be limited to one or two such cases in his to tal experi ence. In most instances the underlaking of thi s type of case w ill be no se rvice to the client and result in an economic loss to the allorney. As for creditors' c laims, I have found that every time I pursue one, the debtor is inva riably the foreman of my next jury. (Laughter.)

In sho rt , I try to confine my practice to those areas in which I thought I could adequately compete and where the pec uniary benefit s are the highesl. Thi s may sound harsh and unbecoming, but the road to these conclusions were much harsher. To offset any community impression of indifference toward the needy, I put in a substantia l amount o f time in church w ork , sc hool boards, chamber of commerce, PTA and other limitless civic and charitable affairs in my community.

At thi s point thi s di scussion has touched on a mailer of economics only as far as the se lec tion of cases. I would like to briefly make a few observations on my own practice.

First, the o ne place where one should no t allempt to economize is in the hiring of a secretary. I have had the same secretary for 10 yea rs. She is a very allractive, intelligent girl, neat in appearance, perfectionist in her work, courteous without being perfunctory and has an innate ability for cull ing railbird s and conserving time.

As for office equipment, we have a stenacord dictating device, IBM Exec utive typewri ter, 2 copiers, one wet process and one dry process. I can no t afford a Xe rox. I want to for the prestige it gives, but I haven't been able to. (Laughter.) I strongly suspec t that there are a few Xerox machines across the State that are primarily there for prestige.

As for library, I have Southwestern Reporl s, Arkansa s cases only, the Digest, Statutes, c. J.5., Am Jur and a few selected treati ses on spec ialized subjec ts.

I am in FORT Smith about 3 tim es a week and I have access to 2 fine libraries there. Many a youngster, I think, has found himse lf o n the verge of bankruptcy by buying a library both beyond hi s needs and his means.

As far as vacations are concerned, my secretary and I take our vacations together - that is, w e take o ff at th e sam e time . (Laughter.) I have tried several different ways and I have concl uded that the only sensible way is for bot h of us to leave at the same time. I have tri ed h iring extra help during the 2 weeks she is on vacation and it is abso lute suicide. So, we close our office for 2 weeks and we try to get our docket and all of our affairs managed so that thi s is not an inconvenience to any of our client s.

One observation I will make in closi ng is that I feel thi s Bar Association for some reason or another, has never really utilized the ta lent s of many solo practit ioners across the State. In my area, I can truthfully tell you from my own personal knowledge, not more than 1S per cent o f the so lo practi ti oners are active in Bar Association affairs. I think this is moSt unfortunate. I think thi s is a source of talenl. I do not know why they are not more active than

184

they are, but they aren ' l. I think it is se lf-defeating for them, I think it is degenerating and I think it is unfortunate. I will tell you one story, becau se I know if I didn' t refer to Mark Woolsey you would be disappointed. Mark and I went to Washington about 8 years ago to argue a case in the United States Courl o f Claims. Congressman Trimble took us to the House Offi ce building cafeteria for lunch. Mark has always pro fessed deep allegiance to the Democratic Party but in truth , he is a To ry. (Laughter.) He has been antiRooseve lt to an inflammatory degree. That parlicular day Mr. Trimble, Mark and I sa t down to lunch and Jimmy Roosevelt , who at that time was a Congressman from California , perhap s th e ugl iest man God ever created, walked in . He sat down with a group of young high school girls. His and Mark's chairs were backto-back. I said, " Mark, ther's Jimmy Roosevelt ." He whirled around and said , " Wh e re, wh e re? " Roosevelt had heard me call hi s nam e and as Mark whirled around, there they were, nose-to-nose, and while he was looking st raight at him, Mark sa id, "My God, Oale, them Roosevelts are still degenerating, ain 't they? " (Laughter, applause.) _

Ashley County 's

Only

* COMPLETE TRUST

SERVICE

~ [jl~=\J' m=~@[JiJ(DD CDoofu 00 @(j'®00~OO

CROSSETT, ARKANSAS 11635

"~~ ....... ,,, .. , .. "' .. , .....

lOUIS l. RAMSAY, JR, ... I'Ias recelvt!d the Arkansas Bar Foundation's Outstanding Anorney Award, and has served In key pOSitions of countless prolesslonal, CIVIC and educational groups. Has been a Dank drrector for 17 years.

t85

New impetus for an old tradition of progress Simmons First set a progressive pace during the past decade .. . growing in assets, personnel and facilities. And we look forward to more of the same for the Seventies. Especially with this one-two punch going for us: Chairman of the board and chief executive Wayne A. Stone I right) and new president Louis L. Ramsay, Jr. Their combined skills, backed by the strong Simmons First team, greatly strengthen our 67-year old tradition of progress. Join us. Progress is a continuing project at Simmons First.

WAYNE A. STONE .. has been aClive In bank· lng, ciVIC and economic development In Ar kansas lor more than 40 yearsincluding terms as president 01 Arkansas Slate Chamber of Commerce and Arkansas Bankers Association.

(Editor 's Note: This is the text o f Mr. Mullin 's address, given at th e 73rd Annual Meeting o f th e Arkansas Bar Assoc iation, June 2-5, 1971 . He is the Chairman o f th e Clients' Security Fund Committee o f th e American Bar Association and a distinguished member o f th e California Bar.)

What is a Clients' Security Fundi

A Clients' Sec urit y Fund is a fund vo luntarily established by the legal profession for the purpose of reimbursing cli ent in those few cases in whi ch attorn eys bet ray their tru st and m isappro priate fund s.

Th ese Funds are fin anced by an nual contributio ns or assessments by the membership o f a given Bar Associa l ion.

They are managed by commit tees which make the determinatio n o f whi ch losses are to be reimbursed, and in what amount, based upo n standards set forth in the Rul es governing the Fu nd .

Because all reimbursements are made as a matter of grace and no t a matter o f right , the funds are no t engaged in the business of in surance.

These fund s d o no t cover negligence of attorn eys - a subj ~c t of errors and omiss ions in surance and malpracti ce.

In some instances, the fund s do no t cover losses incurred by lawyers w hile acting as executors, administrators and fidu ciaries -where, in theory at least, a bond may exi st.

In alm ost all of the Funds in the

Clients' Security Funds

Where We Are -What Is Ahead

-J. Stanley Mullin

United States, there are dollar limits on the am ount that may be paid to a single claimant and very often a do llar limit that may be paid to all o f the c lients o f a single lawyer.

All o f these restrictio ns, or limit s, are designed to assure that these em bryo nic fu nds w ill not be exhausted by large claim s in their first few years o f exi stence.

When and where did these Funds first come into ex istencel

Somewhat to o ur surprise, they d id no t start in the urban co mmunities. ew Zealand was the fi rst w ith a Sec urity Fund in 1929. Q uee nsland and ew So uth Wal es, Au stral ia, were next, then fo llowed Alberta, Canada, Union of South Afri ca, England, Denmark , Sco tl and , Ire land and Sweden.

Perhaps o f greatest interest to us are the Funds in Canada and England. The Law Soc iety's Fund in England was establi shed in 1942 and therefore has a long eno ugh history to gi ve us some insight into it s o perati on.

Verm ont in 1959 was the fi rst in the U nited States and our fo rmat has large ly followed the Funds in Canada. Today, there are thirt y- five state fund s (counting the Distri ct o f Co lumbia as a state) and approximately twenty-o ne local Bar Assoc iation Funds, ranging from very small to fairl y large, but all ded icated to the same basic purpose.

Why do we believe that Clients' Security Funds are necessaryl

(a) If we insist that it is in the public's interest that we lawyers

186

control legal educatio n and ad miss ion to the bar, and

(b) If we insist that it is in the pub lic's interest that we lawyers hav e exc lusi ve co ntr o l o f discipline, including the d isbarment o f lawyers, then

(c) The publ ic certa inly has the right to ho ld us accountable for the acti ons o f the members o f the lega l profess ion that we have se lected and li censed; the pub lic has, and will exercise, the right to require us to take all necessa ry steps to protec t cli ents from the d ishonest acts of att o r ~eys .

Yes, w e have accepted the respo nsibility for di sc ipline o f lawyers but di sc ipline it se lf is not enough . To disbar a lawyer who has sto len money from a cl ient does not place the client in the same posit ion he occupied before he placed his faith and his funds in the hands of the lawyer. The lawyer may have been discip lined but ye t he was inso lvent or deceased and unable to make restituti on. It is al so a plain fact that the threat o f disbarment that we have relied upon has not elim inated the crime of misappro priatio n of cli ents' funds.

Becau se the pub lic was not satisfied with the imposition o f d isc ip line against lawyers who had stolen fund s, the Clients' Security Funds came into ex istence. Thu s, we see that these indemn ity fund s have come into ex istence as an integral part of our discipl inary procedures.

The fact that the funds are a part of the di sc iplinary process is im portant because: (1) some clients

l

have not directed their complaints to the Disciplinary Boards for fear that the disbarment o f the attorn ey might remove all possibility o f restitution, and (2) Disciplinary Boards, knowing o f the exi stence of a Clients' Security Fund to make reimbursement, are less tempted to grant parole on condition of restitution.

To grant parole to a lawyer w ho has sto len is a ph i losophica l question, one which cann ot be fully elaborated here, but sufficient to say - absent rehabilitatio n - it shouldn 't be allowed.

Up to now , the publi c has allow ed us to manage o ur own affai rs but , if the public dec ides that we are not managing our affa irs properly, it is a foregone concl usion that we wi ll be placed in the same pos ition as other trades w hose affairs will be at least partia lly admin istered by lawmen. Lawyers under such ci rcumstances would become the subjec t of an nual legislat ive inquiry, i f not attack - something which w e have been free o f these many years.

One incident has already occurred which could be the signal for others to fo llow. In Michigan, in 1968, because of a new spaper campaign report ing deficiencies in the legal profession, these was a very seriou s proposal to remove disc iplinary proceedings from the exclusi ve prov ince of the lawyers. As a result o f the " heat " generated by thi s cam paign, now there are two laymen on Mich igan 's 7-man Disci pl inary Board.

In Delaware, one legis lative co mm ittee recen tl y co nsidered the relative meri ts of the Clients' Security Fund vs. requ iring att orneys to be bo nded .

Chie f Justice Mclaurin of the Province of Alberta is frank to state th at A lberta p ut it s C li ent s' Security Fund into effect because of apprehension that the so licito rs m ight lose their excl usive right to control their own affa irs.

In this era of consumeri sm, it is not unl ikely that a Senator Proxmire or a Ralph Nader might decide that the deficiencies in ou r legal pro fession required new and d rast ic legislati on to protect cl ients from dishonest lawyers. If this sho uld happen, all o f us, the

ho n es t as w ell as th e few dishonest, w ould be sw ept up together in the same legislati ve package.

Although we have o fttim es called the Clients' Security Fund a debt o f honor, I trul y believe that the existing threat to our exclusive self-governm ent makes a Clients' Security Fund a necessary suppl e m e nt t o o ur ex i stin g disciplinary procedures.

What has been the main opposition to these Fundsl

There have been three main po i nts o f opposi ti on to the Funds:

(1) Decent lawyers who are doing a proper job for their clients sho uld not have to dig into their pockets for the malfeasance of the few who steal from their cli ent s. I bel ieve th e ex istence a t th e Federal Depos it Insurance Corporati on dispels thi s illusion. All banks that w ish to be part of the " system" must pay their share of the fees that co llectively guarantee the solvency of all members of "the system."

(2) Som e beli eve that th e creation of these Funds is a frank admission that lawyers are th ieves and that it is bad publ ic relations to make such an ad mission. Experience to date is the exact opposite. We have not been kidding anyone.

(3) There is some oppos ition based upon cost. I need only remind you o f the cost of t idelity bonds which are the probable alternat ive . In my state, th e minimum cost for a fidelity bond fo r an executor is $20 a year, and at thi s moment I know of only one assessment to a Clien ts' Security Fund in the United States in the amount o f $20 per year, the average bei ng much less .

There will always be some w ho ho ld to these opi nions bu t, over the years, opposi tion has tended to di sappear as the facts are examined close ly.

With this background, let us examine more closely the status of the Clients' Security Funds in the United States.

As of thi s time, there are 35 state fu nds including the Dist rict of Co lum bia, and more than 20 loca l bar assoc iat ion funds. Of these state funds, 18 ex ist in states that have unified or integrated bars,

187

that is to say, all lawyers must be members of the association.

Thi s year, the Boards o f Governors of three additional states -California, Kentucky and Tennessee - have adopted resolutions for the establi shment of fund s. Kentucky and Tennessee will act at their annual meetings in June. California, my stat e, has studied Clients' Security Funds since 1959 and onl y thi s year fin all y took acti on and submitted necessary enabling legislation to the State Legislature. Thi s long delay occurred despite the fact that the Los Angeles County Bar Association, w ith approximately 10,000 att orneys (one-th ird o f the Californ ia lawyers), adopted its Fund in 1962. Yes, patience is required .

The existing Funds vary enormo usly in size because o f their age, the size o f the bar assoc iat ion, the amount of the annual assessment or contribut ion per member, and the restri cti ons place on payments.

Whereas in Canada the assessment may amo unt to $25 to $50 per year per lawyer, in the United States the assessments range from a low o f $1 .00 per lawyer per yea r to $2.00, $5.00 and up to $20 per year. The Law Society of England, w ith almost 20 years' experi ence, has a current assessment o f £ 8 per lawyer, which w orks out to $1 9.20.

The Funds vary considerabl y in the restr ictions placed upon thei r committees with respect to the payment s. For in stance, some Funds limit the amount that may be paid to a si ngle claiman t to $3,000 or $5,000 with comparabl e top limits on the amount that may be paid on account o f the losses suffered through the malfeasance of a single attorney. These socalled " lim its on payments" seem to sound li ke the limits of liabi lity in insurance po licies, but Clients' Security Fu nd s are not insurance policies. Each and every payment is a matter o f grace to be decided with in the sole discreti on o f the committee in charge of the Fu nd . Funds al so vary wi th respect to coverage o f fid ucia ries, w hether the dishonest attorney is a membe r o f th e assoc iat ion, and w hether d iscip li nary proceed ings


Contlnucd from pagc 18 7

have been finali zed. Th ese sleps are la ken 10 ass ure Ihe heallh y ex iSlence of Ihe fund during Iheir initial years and to make cert ain Ihal Ihe funds are nol wiped ou l by a " ngle la rge loss. Afl er al l, Ihe Federal Depos il Insurance Corporat ion li mi ts it s guaran i c of a single ban k accoun l 10 $20,000.

What are the p robable claims agai nst the Fund?

U nfortu nately, our information on I his aspeci o f I he mailer is very skel chy due 10 Ihe faci Ihal Ihere has been no cenlral reporl ing agency and Ihe in fo rma l ion Iha l ex islS in each o f Ihe more Ihan 50 i ur i sdi c lio n ~ has either nol been indexed uniform ly or no t indexed al all. Thi s lack o f in formal ion, w hich is Ihe single mosl press ing problem faced by Ih Commi llees in charge o f Ihe Funds, dic lales a po licy of cauliousness in Ihe managemenl o f Ihe Funds. Some Funds have yel 10 make a single paymenl from Iheir funds, o lhers have paid c lai ms aggrega ling $50,000. In l olal, approximalely

$360,000 has been paid by Ihe Fu nd s in I h e Unil ed Siai es. However, we have no w ay o f know ing w helher Ihe rejec led claim s w ere rejecled upon Ihe ground o f being (1 ) cla ims ar ising from Iransacl io ns ol her Ihan Ihe pracl ice o f Ihe law, (2) cla ims Iha l cam e into existence prior to the adoplion o f Funds, o r (3) cla ims w h ich fo r anyone o f a vari el y o f reasons mighl properl y be rejecl ed . Hence, slali sli cs on rejec led cla ims l el l us very lill ie.

We do have some figures from whi ch I believe w e can d raw some preliminary concl usions.

In Ca lifornia, in conneclion w ilh Ihe sludy o f Clienl s' Sec urilY Fund s, Ihe disc iplinary record s were researched for Ihree years 10

del erm ine Ihe number of all o rn eys invo lved in m isappropr ialion o f funds, Ihe number of c1 ienl s, Ihe gross amounls invo lved in Ihe losses, Ihe reSl ilu l ions made o n accounl o f Ihe losses, and Ihe nel losses.

These figures showed Ihal in Ihe 3-yea r period, 1967 10 1969, inc lu sive, Ihere w ere 51 all o rn eys in -

vo lved wi th 148 c l ients, gross losses o f $942,000, restitu t ions of $3 56,000 an d n e t l osses of $585,000.

Reduced to a o ne year average, we have 17 allo rn eys invol ved, wi th 49 cl ien ts, gross losses of $314,000, res t i t ut ions o f $118,000, and ne t l osses p er ye ar o f $195,000. Wilh o ver 33,000 lawyers in Ca lifo rni a, I his w orks oul 10 a nel loss per lawyer per annum of approx im alely $6.00

Examining Ihe ind ividual claim s, we f ind Ihal of Ihe 148 cla ims, full restit utio n w as made in 22 cases . Of Ihe remaining 126 losses, 105 or 80 per cent o f Ihese were under $5,000. If we incl ude the losses under $10,000, 92 per cent of all losses were covered . On ly four losses w ere over $20,000. From Ihese figures, i t would appear rea sonable to have a fund wh ich conlemplates the paymen l in full of all cla ims under $1 0,000, and parl ia l payment o f losses in excess of th at amoun t.

Another large slale has prov ided us a repo rl for 18 monlhs, July 1, 1965 10 December 31 , 1966. Thi s

Don't let bookkeeping problems blow your mind SAFEG U/\ RD'S EXCLUSIVE SYSTEM, FOR ATTORNEYS ONLY. ofrers a foo l-proof method for relieving you of those lime-consuming bookkeeping problems. Gives you tight control over costs , trust funds and fees. SAFEGUAHD DOES AWAY WITH BILLING CONFUS ION WRONG CHARGES TO CLIENTS AND A THOUSAND OTHER RECORD+ KEEPING HEADACHES THAT ROB YOU AND YOUR STAFF OF SO MUCH VALUABLE TIME SAFETUAHD PROVIDES YOU OR YOUR ACCOUNTANT WITH ALL THE INFORMATION YOU'LL EVER NEED, INSTANTANEOUSLY. And you get a n automa tically up-toda te client ledger in the bargain.

You have nothing to lose but headaches when you fill outthis coupon a nd ma il it. We' ll send you all the deta ils.

, --------- ------------ -----I Gentlemen: Please send me complete informa tion I I about how SAFEGUARD'S SYSTEM FOR ATTOR- I I NEYS can e limina te my bookkeeping problems. I I SAFEGUARD BUSINESS SYSTEMS I I P . O. Box S298, L.R .. Ark. 72205 I I NAME I I ADDRESS I

I FIRM I ~ITY ___ ~~!~ I

188

I

showed 29 attorneys involved with 40 clients, with losses of $617,765.

Reduced to a one year average, we have 20 attorneys involved with 29 client s, with losses of $411 ,000. (Thi s figure does not include losses involved in cases where the attorney resig ned before disc iplinary proceedings were completed .) Assuming this figure to be net of restitut ions, with 55,000 lawyers in the state, it works out to a net loss per lawyer per annum of approximate ly $7.50.

Again examining the losses, we find that of the 40 clients, 4 are marked with question mark s w hich indicate the amount is unknown; of the 36 remai ning losses, it appears that 18, or 50 per cent , are under $5,000 and that by adding in the losses under $10,000, we are covering 77 per cent of the losses. Only 8 losses were over $10,000. Again , it would seem to be reasonable to prov ide a plan th at would contemp late th e payment in fu ll of all cla ims under $10,000 with partia l payment of claims over $10,000.

The statistics given to us by the

Law Society of England may be com pared quite readily with the figures I have just mentioned .

For the fo ur years 1966 thro ugh 1969 incl usive, 60 so licitors were involved in 724 claims aggregating $2,906,000. and thei r com pensati on fund paid $1,754,000. on account o f these claims.

Reduced to a one year average, we have 15 lawyers involved, with 182 c li ent claims , totaling $726,000, and an average annual rei mburs ement of c li ent s of $438,000. If you divide $438,000 by th e numb er of so li c it ors in England and Wales, you come up with a figure of $17 per so li citor, w hich is almost exac tl y their annual assessment of £ 8 ($19.20).

The only other figures we have at this date which bear upon o ur analysis of the misdeeds of attorneys are the disbarments and res ignati o ns reported to th e National Data Bank. The National Data Bank, which has only been in existence since 1968, consists of a li st of lawyers who are disbarred, r esig n ed , su sp e nd ed o r di SC ip lined, which li st is sent to all

juri sdic ti ons reporting to the National Dta Bank. Thi s li st is d es ign ed t o ove rcome th e probl em of a lawyer being disbarred in one state, and the second state in w hich he is licensed being unaware of the disbarment. The information in the National Data Bank does not tell us what portion of the disbarments and resignations are the res u lt of misappropriation of clients' fund s, but , for our purposes, we can assume all were the result of misappropriations. From 1955 to 1970, inclusive, 15 years, th e t o ta l d i sba r m e nt s and res ignat ions were 1,556, o r an average of 103 per yea r. With a total of approx imately 300/325,000 lawyers estimated to be prac ti cing in the United States, this means 1 out of 3,000 plus lawyers are disbarred or res ign under fi re. Wi th the average of 17 lawyers disbarred or resigning in Ca lifornia, we have lout of 2,000; with the average o f 17 so licitors disbarred in England per year, we have lout


TITLE INSURANCE PRIVATE INVESTIGATION MYERS I ASSOCIATES, IIC.

by

COMMERCIAL STANDARD INSURANCE COMPANY

FORT WORTH, TEXAS

General State Agent fo r Arkansas BEACH ABSTRACT & TITLE COMPANY

Telephone: FRanklin 6-3301

213 West Second Street Little Rock, Arkansas

Assets Over $19,000,000.00

AGENCIES IN 16 STATES Subject To State Supervision Everywhere.

Member of American Land Title Association

189

910 Pyramid life Bldg. little Rock, Arkansas

Phone 372-1809

Professional Investigation ServicesCivil, Criminal, Industrial for the

Professions, Business, Industry and Individuals

licensed by the State I nvestigator licens

ing Board, Approved by the Arkansas

State Police, References of Prominent

Attorneys furnished upon request. Ten

Years Experience.

Fred M,ers Ronnie Rand Mel Fr,

Continue(t from page 189

o f 1,500. Arkan sas report ed an average of .6 lawyers disbarred o r resigning per year. W ith a l ota l bar 0 1 2.500, Ih is mean s, in theory, you have one bad app le oul of 4,000.

As sketchy as these figures may appear to be, they do tell us two impo rtant th ings: (1) that the number o f at torneys invo lved in misappropriations is relati vely few , and (2) the largest part of these losses fa ll under $5 ,000 or $10,000. Th ese client s are the members o f Ihe publi c that need our help the most.

Wi ll t hi s display o f dirty linen rea lly harm our public relati ons?

In Arizona, Florida and Massachusetl s, where publicit y has been given to the reimbursement of client s' losses, the publi c ity has been good. In England, w here their Fund has been in ex istence si nce 1942, they report uniformly excellent public relations from the handling of their Fund .

What possibly is in sto re fo r the future?

First , it appears that the funds have responded to the challenge and have, w ith the excepl ion of only one state, gone forward wi th Ihe end ob jective of ever in creasing their ability to meet the losses o f c lients in full.

Second, w e will ac hieve a more uni form definition o f reimbursa ble c laim s. Thi s will come about by in terc hange of informati on and experience among the variou s Fund s. The d ist inc t ion between a lawyer's duty as a lawyer and a lawyer's dut y w hile acti ng as a fidu cia ry is a fine line that we lawyers draw but w hich our clients are not apt to agree w ith . Accordingl y, many Funds are expec ted 10 amend their rul es to permil reimbursement o f cli ent s whose losses have occurred w hen the atl orney wa s acting out side of the atl o rney/c l ien t relationship.

W hat about fee d isputes? A cla im was recently filed again t the Los Angeles Client s' Securit y Fund by a c lient w ho had paid a reta iner of $7,500 in connecti on wi lh a di vorce. The scope of Ihe ia wyer's t rue work is best ev idenced by the fact that the oppos ing atlorney received a court fixed fee of $450.

Eventuall y, an arbirtation comm ittee o rdered the return to the client of $7,100. Today, yea rs later, thi s sum remains unpaid despite a court judgment. From the client 's v iewpoinl , thi s exorbitant fee wa s plain stea ling. Should we call it a fee dispute? Is it a proper claim against a Security Fund ? I think it IS .

England 's Fund is the broadest in language. The part y eligib le to make a claim agai nst the Fund is ca lled " a lose r. " Their definition o f " lose r" covers (1) a person w ho has sustained a loss in consequence o f the dishonesty on the party o f a so lici tor o r clerk o r servant o f a so lic it o r, and (2) a person w ho has suffered a hardship o r is likely to suffer a hard ship in co nsequence of the failure of a so li c it o r to account for the money due. Thi s is a much broader defini t ion than pure misappropriali o n.

In the Fall o f 1970, the Ameri can Bar Associa tio n Commi tl ee on Client s' Securit y Funds prepared a "Model Plan" w hich sets fo rth the va rio us altern atives adopted by va ri o us ex ist ing Clients' Sec urit y Fund s, with annotations. Copies may be oblain ed by wr iting ABA Headquarters in Chicago.

Third, is there a possibil ity of a nat ional fund w hich, by its very size and unifo rmit y o f adm inistra tion, would probabl y do the most to achieve the end ob jec tive of covering all cli ent losses? Becau se we have disc ipline in eac h o f the 50 stat es, and beca use reimbursement of losses is c lose ly tied to di sc ipline, I am afraid thi s must wa it for the future. However, Ihe Report of the ABA Comm itlee chairmanned by Justice Tom Clark whic h prep ared a complete analysis of disci pline in the 50 states, and Ihe ABA Commitlee appo inted 10 carryon the work of the Clark Comm ittee, may do muc h to bring about greater unif o rmit y in disciplinary proced ures and , in turn , bring grea ter unifo rmit y to Cli ents' Security Funds. It seem s possible that some va riety of nat ional , ABA sponso red , " re in suran ce" of catastrophic losses can be made ava ilab le.

Fourth, it is ev ident that the dishonesty of attorneys most o ft en

190

arises from Iheir hand ling of cl ients' money. If they didn 't handle ot her peop le's money, the c han ces of mi sa ppro priati o n would be ve ry slim . Acco rdingly, our Canadian and Engli sh fri ends have requi red that so li c itors w ho handle fund s must an nuall y, at their ov 'n expense, have a publ ic accountant in spec t their books and ce rt ify the co rrectness thereof, as a condit ion o f renewal of their annua l li cense.

All of us wou ld rath er have rules wh ich wou ld sec ure us again st the dishonesty of o ur fe llow lawyers rather than spend our time on disciplinary proceedings. One such rule w o uld be to require audit reports. It may become necessary.

In conclusion 1. A Clients' Security Fund is not

just a charitable o r eleemosynary ac t; it is a step taken to assure our continued se lf governan ce of o ur -. ofession .

, The number and amount of losses are small Lumpared to the total number of lawyers and the funds they handle. The actual per lawyer cost of reimbursing clients for their losses is small.

3. If w e assume thi s responsibility, the pub lic will gain greater assurance in dea ling with us, and hopefully our image may gai n some of the luster that we would like it to have .•

5805 Kavanaugh Little Rock 663-9956

6 120 Baseline Rd. Little Rock 565·9729

5922 So. University Little Rock 565·9943

/

I

The "SERIOUS

(Editor's Comment - Governo r Dale Bumpers was th e after-dinner speaker for the Annual Banquet on June 3, 1971 at the Arkansas Bar A ss ociation 's 73 rd Annual Meeting. Fo llowing his " first half humorous, second half serious" format, Governo r Bumpers was most effec tive o n both counts. We are p leased to present here the "Serious Ha lf. "J

As a long standing member of thi s bar assoc iatio n and as a recently elected governor who has ju st survived his first legis lati ve sess ion, I w ould l ike to make a few comments to yo u regarding some observations whi ch I was in an ad vantageo us p osi t ion to make about the way our bar assoc iati on may materially ass ist in the fun cti ons o f o ur state governm ent.

What I w ish to urge on you today, is that you henceforth take a much more ac tive and offi c ial ro le in rev iewing the proposed pieces of legislati on while the legislature is st i ll in sessio n. I am sure th at many of yo u have had the experi ence of representing c lients w ho called you fo llowing the adjournment of a session o f the genera l assembly saying, " Look w hat they've done to me. W hy didn' t you tell me the bill had been introduced and stood a chance of actuall y being passed. I had no idea w hat was go ing o n and now they have ruined me." We all know that it is extremely difficult to keep up with all the va ri ous matters which are in troduced and are considered by the General Assembly when it is in

HALF" Governor Dale Bumpers

sess ion . An y member o f the General Assembly w ill tell you that it 's almost, if not entirely, imposs ible even for them to full y comprehend the vari ous implicati o ns of all pieces o f legislati on whic h they consider day in and day out. I can tell you from my brief experi ence sitting in the govern or's chair that witho ut the able ass istance of my own staff, most notabl y Brad Jesson, that I w o uld have been unable to make a learned judgment upon all but a fraction o f many measures w hich came to my desk fo r my signature.

n.c po int is that because o f thi s hec tic ru sh it is poss ible that several bill s w hich effect thi s bar and it s members may not be given the full and adequate considerati o n which they deserve. Absent thi s attention, many a good bill might we ll fai l many less than good bill s might inad ve rtent ly pass and become law. I was part icularly di stressed durin g thi s past sess io n to be suddenly confro nted wi th several pro posed ac ts w hich quite drast ica ll y amended our p resent corporate code. Witho ut th e ass istan ce of D ean Barnh art and several o ther lawyers w ho I managed to ca ll in on a mo ment's no ti ce, it would have been imposs ible in the time allowed to full y apprec iate the va ri o us implica tio ns o f these rather complicated proposed changes. The po int is that these bill s should have never reac hed my desk witho ut the members o f the General Assembly being likewi se given a memorandum by members of thi s bar assoc iatio n relati ve to

191

their va ri ous effects upon our present co rporate code. The sa me obse rvat ions may be made about the two (2) Bail Reform Ac ts whi ch were considered by the General Assembly. In my judgment, both of these bill s were good, but one failed whil e the other pa ssed and w ith more effo rt and support fro m this bar, the mo re far-reaching act . . . thi s is, the o ne that fail ed to pass ... might have passed and the bar at large and the crimin al ju st ice system in the state would have benefitted . I don't w ish to belabor the po int , but I want to reca ll to you that one o f the most farreaching and to my mi nd, humane and overdue, pieces of legislati on fa iled to be g iven the consi derat ion w hich it needed to assu re passage dur ing thi s past leg islati ve sessio n and thus met w ith the ignominious fa te of dieing on the ca lendar. I refer to the Publi c Defender Bill w hich i f passed would not have cost the state a nickel and would have given us a pilo t program in the north east part of the state and w hich would begin benefitting a long shortchanged segment of ou r soc iety. This Public Defender Bill deserved better than to die on the ca lendar. U nfortunately, it was little understood and w ithout a strong bar assoc iati o n to supp o rt it , it w ithered away during the last days of the sess io n and never came up to a final meaningful vote.

And, therefo re, I have come today to ask that thi s bar assoc iati on hencefo rth become more


In Memoriam JUDGE JOSEPH WESLEY MORRISON (1890-1971). One of the lega l patriarchs of the Grand Prairi e Ri ce County passed away August 1, 1971. Judge Morrison (known to hi s friends as " Joe") co llapsed whi le teaching the Men's Bible Class at the First Ch ri st ian Ch urch (a ch ri sti an service he had performed since 1925) and expired shortl y af ter being ca rri ed to th e Memoria l Hospital. Joe was born in Indiana and moved to Stuttgart wi th his parents in 1904. He at tended the Stuttgart public sc hool s; Hendrix Academy; T ran sylvan ia Co ll ege at Lexington , Kentucky; and received his law degree from the University of Ken tucky, comp leting two years of legal st udy in one. The University of Kentucky awarded him a Dr. of Juri sprudence degree. After passing the bar exam he opened a law office w h ich he maintained in his home cit y until his appointment as 4th District Chancery & Probate Judge in January 1957. He served as the elected Chancellor of the 1st Division of the 4th District from 1960 until his death. Joe's military se rvice began as a member of the 2nd Arkansas Nationa l Guard upon the o utbreak of the Mexican Border fracas prior to WWI. He was commissioned an infantry officer from the First Officers Training Camp at Fort Logan H. Roots and went to France with the 154th Infantry , 39 th Division. After the Armist ice he served with the Judge Advocate Gene ral 's Dept. in France and was discharged as a Captai n at Ft. Lee, Va. in 1919.

The Judge immediately became active in American

Legion affai rs and was a charter member and first commander of Daniel Harder Post 48 at St uttgart . He served as commander of the Arkan sas Dept. o f the American Legion which he helped found in 1924-25. Joe was also active in ational Legion affairs where he se rved as a member of the area "C" Child Welfa re Comm iss ion, as an Executive Comm itteeman and on numerous other committees. A l ifelong Democrat, Joe served as City Attorney 12 yea rs and on the state Pub lic Serv ice Commission during 1943-44. In an unsuccessful race for U.s. Congress in 1938 he advocated the " drafting of dollars as well as men and boys." Throughout his long and fruitful life, Jud ge Morrison energetically served his church, the Disciples of Christ nationall y and locally wi th devotion and sin cerit y. During h is religious studi es he chanced to find a book with which he did not agree on the Ten Commandments. This prompted him to publish a trea ti se entiled "Pure Waters from Old Wells". The Judge was active in Masonic activities, as a 32nd degree Mason, a Shriner, a former Master of Euclid Lodge No. 130 and a member of the Ta ll Cedars of Lebanon. He was a charter member and first preSident of the Stuttgart Rotary Club. Professionally he belonged to the Arkansas Judicial Council, Arkansas, American and Rice Belt (having served it 4 terms as preSident) Bar Associations. Surv ivors are his widow, Mrs. Anna Vickers Morrison , a daughter, a stepdaughter, a stepson, a sister and 8 grandchildren.

192

FALL LEGAL INSTITUTE September 17, 18, 1971

Sheraton Motor Inn Little Rock, Arkansas

STANDARDS WORKSHOP II October 7, 8, 1971

Arlington Hotel Hot Springs, Arkansas

LEGAL SECRETARIES' SEMINAR

October 9,1971 Coachman's Inn

Little Rock, Arkansas

TENTH TAX tNSTITUTE (with CPA's)

November 11, 12, 1971 Arlington Hotel

Hot Springs, Arkansas

The "Serious Half" Continued from page 191

concerned and more immediately involved in the l egislative processes. I suggest that a committee be formed , not to lobby for or against legi slation, but rather to assist the General Assembly in its consideration of va rious bi ll s effecting the bar which might appear before it. I know it would be impossible for this committee to hold itself out to represent all members of this bar association in advocat ing the passage or defeat of any given bill. This would be an impossible task for any committee representing this bar to assume and I am here, however, to ask that this bar do form a committee of learned and concerned individuals who would be in a position to advise the General Assembly on short notice in memo form of the various implications of different pieces of legislation which the General Assembly may cons ider.

I

Weare delighted to participate

III this salute to Governor Dale Bumpers

Mullen Abstract Co. 119 S. W . 2nd SI.

Walnut Ridge, Arkansas

White-Abstract and Realty Co., Inc. Newport, Arkansas

Greer-Abstract Co. Fayetteville, Arkansas

Faulkner-County Abstract Co. Conway, Arkansas

Marion County Abstract Co. Yell vil le, Arkansas

Vance-Abstract Co. 105 Main

Russellville, Arkansas

Crittenden-Abstract & Title Co. Guaranty-Abstract Company

Fidelity-National Bank-Bilding West Memphis, Arkansas

193

Ouachita County Abstract Co. Court House

Camden, Arkansas

Hornor-Morris Abstract Co. 711 Walnut

Helena, Arkansas

Bromstad Abstractors &

Heart-of-The Ozark-Realty Eureka Springs, Arkansas

Tucker Abstract Co. Bentonville, Arkansas

Standard Abstract & Title Co. 310 Spring

little Rock, Arkansas

Little Rock Abstract Co. 214 Louisiana

little Rock, Arkansas

Ott land Title Co. Ott Building

Conway, Arkansas

I . Startin g about Decem ber I , we will expect to start holding regional workshops programs consistin g of dock et contro l, a film and cassettes prepared by American Bar A ssociatio n, and co verin g oth er topics of interest to th e Bar. We would like to ha ve the vario us Bar A ssociations contact us both with reference to topics they wo uld desire to have covered and times when th ey wo uld prefer to ha ve th e wo rkshops set. Th e wo rkshop can probably be an y where from t wo ho urs to on e-half day. I will plan to attend th e So uth ern States Eco nomics Wo rkshop o n November 6 and it is possible that we will then be aware of material which might be mo re interesting, as I will expect to participate in the wo rkshop gro up fo r developm ent of model eco nomics program s of o ne-half day fo r small Bars.

2. We wo uld greatly appreciate any recommendations for program s fo r L egal Eco nomics Committee because even those that we are unable to work on this year may be available fo r the info rmatio n of the committee in the f uture.

3. We are interested in an y la wyer fo rwarding to us an y suggestion, fo rm , o r procedure which he fo llows o r of which he is aware that he thinks might be of ben efit to atto rn eys in renderin g better, mo re efficient and mo re economical legal services.

4 . Considerable interest is indicated in legal economics sur veys, and we would greatly appreciate any suggestions or recom mendations with reference to material to include in any such survey, o r preliminary wo rk toward a survey. We do have th e Mississippi State Su rvey, and can get material f rom other sources, but fee l that if local la wyers ha ve particular areas they fee l would benefi cial in explo ring, we would like to have th e info rmation and consider it.

5. Our committee expects to have available fo r presentation to the Executi ve Committee proposed changes to a large po rtion of the present min imum fee schedule by the mid-year Associatio n m eeting in January, and if anyone has any recommendation o r recommendatio ns with ref eren ce to changes to the fee schedule, we do invite their commun icating them to us.

194

Fines F. Batchelo r, Jr. Chairman, Economics of Law Prantice Comm ittee

J

Arkansas Bar Association Directory 1971 -1972

Contents Officers Executive Cornmi llee. Delegale 10 A.B.A. Sla ff. ........ . Associa tion Presidents Si nce 1899 .....

Councils Co uncil of Pa st President s .. legal Educa tion Council

Sec tions Conference of l ocal Bar Associa tions. Criminal law Seclion .. Famil y Law Secti on ....... . Mineral law Section .

196 .. 1%

196 197

.. 197

..... 198

. 198

198

198

.. 199 · .. 199

199 Savings and Loan Section ... Taxation, Trust and Estale Planning Section 199 Young lawyers Section ....... ... . law St uden t Divisio n .

........ 199 .. 199

Standing Committ ees Jurisprud ence and l aw Reform . legisla tion .. ........... . Professional Ethics and Grievances .. Unaut horized Practi ce of law .

............. 200 .. 200

... 200 . 200

Permanent Co mmittees Audi ting. .. .. .. ......... 200 Legal Aid . . . . . . . . .. .. . .... 200 Me morial . . . .. . . . .. . . . ...... .. . .. 200 News Media liaiso n. Reso lut ions

. . . ................. 200

Specia l Commillees Annual Meeting Committee . . ............... . Award of M erit Committee. Bail Reform Committee Civil Procedures Commi tt ee . . ...... . Claims Review Committee . ............. . Clients Sec urit y fund Committee .. . . . ... . Compu terized legal Research Commillee Constitution and By-law s Committee . Con titutional Reform Com mitt ee. Creditor's Right s Committee . D efense of Crim ina l Indigents Committee ..

... 200

.. 201 · .. 201

201 201 201

... 201 .. 201

· .. 201 . 202 . 202 . 202

195

D esk Boo k Comm itt ee DiSCiplinary Procedure~ Commi tt ee .. Economics of law Practice Commill ee

... 202 . .......... 202

. ... 202 Environmental law Comm ill ee . .. .. . . .. 202 federal l egislation and Procedurl's Com mittee ... . 203 Group Insuran ce Plan s Committee ....... 203 Int erna tional l aw Committ ee . Intern ship Co mmittee .

. . 203 . .. 203 ... 203 Judicial Co un cil llal"o n Committ ee .

Judicial Nomin ation~ Co mmill ee ..... . .. . . . ... 203 Law Day Com mitt ee ... . . . . . . . . . . . . ... . . ... 203 Law Sc hoo l Co mmittee ..... ............ . ........ . 203 Law Student Liaison Co mmitt ee .................. 203 lawyer Referral Se rvice omm ill ee ............ . .. 203 Malprac tice Panel Co mmill ee . . . . . . . . ... . . 204 Maritime law Co mmill ee . . . . . . . . . . ... . .. 204 Membersh ip Committee ..

ew Headquarters Com mill ee ......... . . 204 . 204

Pre-law AdV isors Com mittee . Probat e law Committ ee ...

. .............. . . 204

Public Information Committ ee. Real Eslat e law Com mill ee Retirement Pla n (Keough) Commill ee . Standard s for the Administration

of Criminal /u o;tl ce Com mill ee ..

...... 204 . 204

. .... 205 ... ... ..... 205

. 205 U niform laws Co mmitt ee . ....................... 205

Arkansas Bar Foundation Officers and Direc to rs

Committ ees Awards . Bu ilding . Memorials . Election of Finance . .

Fellows

Local Bar Associations and Officers

. 205

206 . 206

206 .. ........ 206

... 206

. 206

Arkansas Bar Association Arkansas Bar Center-FR 5-4605

408 Donaghey Building, Little Rock, Arkansas, 72201

James 8. Blair

Executive Committee 1971·1972 Presidenl. . Arkan sas Bar Associat ion

. . ..... . .. Paul B. Young

P. O . Box 780B Pine Bluff, A rk. 7160 1

(534-5532 )

Vi ce-Preside nt . . . . . ........... . . .. ........ H e nry W ood s Arkan sas Bar Associat ion

Secretary-Treasurer

Arkansas Bar Associat ion

711 W e t Third Street lillie Roc k, Arkansas 72201

(376-3021 )

...... Robert O . Ross

41 0 Spring Bui lding little Rock, A rkan sas 72201

(375-9947)

Chairman, Exec utive Comm ittee . . .. Jam es E. W est Arkan sas Bar Assoc iation M erchant s N ationa l Bank Bldg.

Fort Smit h , A rkan sas 7290·t (783-6181 )

Ph i llip Carro ll Presid ent . ... . .. .. . Co nfe rence of Local Bar Associatio ns

(751 -5768) 720 W est Third Street, l ill ie Roc k, Ark . 72201

11 1 Ho lcomb, Spr ingdale, Ark. 72764

John G . Lile III , Chairm an ....... Young law ye rs Sec ti on P. O. Box 8201. Pine Bluff, Ark. 71 601 (534-5221)

Step he n A. Mallhe w s Chairman . . . . . . . . . . A rkansas Bar Foundatio n P. O . Box 7808, Pi ne Bluff, Ark . 71601 (534-5532 )

louis l. Ram say, Jr . .. .. Delega te to Am erica n Bar Ass'n. 1109 Simmons Nat ' l. Ba nk Bldg .• Pine Bluff, Ark. 71601 (534-5221 )

J. C. D eacon . ..... . .. . .. . ..... Immediate Past Pres ide nt P. O . Box 1245, jonesbo ro , Ark. 72 401 (932 -6694)

lam es B. Sharp Bank of Brink ley Bldg., Brinkley, A rk. 72021

N . D ale Price 21 t Sp ring Street, lillie Roc k, A rk. 72201

l ynn F. Wa d e 20 East Center Street, Fayellevi lle, Ark. 72701

John W . Mann P. O . Box 390. Fo rrest Ci ty, Ark. 72335

Judicial Council Liaison

(375-9131 )

(734-4060)

(372-4144)

(521-1 411)

(633-1522 )

Judge Pau l Wolfe, President State JudiCial Co un ci l, 2112 Va lley l ane, For t Smith, Arka nsas 72901 (782-1419)

Judge Terry Shell , President· El ect, State Judicial Counci l,

P. O. Box 1426, l ones boro, Arkansas 72401 (932-1655)

C. R. H uie, Exec uti ve Secreta ry State Judi cial Council, lusti ce Building, little Rock, Arkansa s 72201 (375-7001)

196

:

Arkansas Bar Association Staff

Executive Director Assistant Membership Secretary

C. E. Ra nsick Judith Gray

Barbara Ghormley

Arkansas Bar Association Presidents Since Organization

' u. M. Rose Littl e Rock, Ark. 1899- ' Ca lvi n T. Cotham Hot Sp rings, Ark. ' He nry C. Caldwell Littl e Rock, Ark. 1900- ' J. F. Gautney Jo nesboro, Ark . ' Sterling R. Cockrill Little Rock, Ark . 1900-01 ' Walter G. Riddick Little Rock, Ark . ' Thomas B. Martin Little Rock, Ark. 1901-02 ' Abe Collins DeQueen, Ark . ' George B. Rose Little Rock, Ark 1902-03 ' Harvey T. Harri son Litt le Rock, Ark . ' James F. Reed Fort Smit h, Ark. 1903-04 N. J. Gantt, Jr. Pine Bluff, Ark. ' Allen Huges Memph is, Tenn. 1904-05 ' Henry Moore, Jr. Texarkana, Ark . ' Jose ph M. Stray ton Newpo rt , Ark. 1905-06 ' E. H. Wootton Hot Springs, Ark. ' Joseph W. House Little Rock, Ark. 1906-07 Joe C. Barrett Jonesbo ro , Ark. ' William H. Arnold Texa rkana, Ark. 1907-08 ' E. A. Henry Littl e Rock, Ark. ' Jo hn M. Moore Little Rock, Ark. 1908-09 Lamar Williamson Monticello, Ark. ' N. W. Norton Forrest City, Ark . 1909-10 ' Max B. Reid Blytheville, Ark . oW. V. Tompkins Prescott, Ark . 1910-11 oW. W. Sharp Brin kley, Ark. ' Ashley Cockrill Little Rock, Ark . 1911 -12 Archie House Littl e Rock, Ark. ' James D. Shaver Texarkana, Ark . 1912-13 ' Cecil R. Warner Fort Smith , Ark. ' Charles T. Coleman Litt le Rock, Ark. 1913-14 ' John H. Lookadoo Arkad elp hia, Ark. ' Jacob Trieber Litt le Rock, Ark. 1914-15 Terrell Marshall Little Rock, Ark. ' Ira D. O glesby Fort Smit h, Ark. 1915-16 ' A. F. Triplett Pine Bluff, Ark . 'Charles C. Reid Little Rock, Ark. 1916-17 J. l. Shave r Wynne, Ark . ' Thomas C. McRae Prescott, Ark. 1917-18 ' J. M. Smallwood Russe llville, Ark . ' J. H. Ca rmic hael Littl e Rock, Ark. 1918-19 'Shields Goodwin Littl e Rock, Ark. ' William H. Martin Hot Springs, Ark. 1919-20 Eugene A. Matthews Hot Spri ngs, Ark. oW. F. Coleman ,Pine Bluff, Ark . 1920-21 Edward l. Wright Little Rock, Ark. ' J. F_ Loughboro ugh Littl e Rock, Ark. 1921-22 John A. Fogleman West Memp hi s, Ark. ' J. V. Walker Fayettevill e, Ark . 1922-23 Willis B. Smith Texarkana, Ark . 'c. E. Daggett Marianna, Ark . 1923-24 Will S. Mitchell Little Rock, Ark . ·S. H. Mann Fo rrest City, Ark . 1924-25 Heartsill Ragon Fort Smith , Ark. ' George B. Pugh Little Rock, Ark. 1925-26 Oscar Fendler Blytheville, Ark . ' T. J. Gaughan Camde n, Ark . 1926-27 Louis l. Ramsay, Jr. Pine Bluff, Ark . · W. T. Wooldridge Pine Bluff, Ark. 1927-28 Bruce T. Bullion Little Rock , Ark . ' J. Merrick Moore Littl e Roc k, Ark. 1928-29 Courtney C. Cro uch Sp ringda le, Ark. ' T. D. Wynn e Fordyce, Ark . 1929-30 Maurice Cathey Paragould , Ark. ' T. C. Trimble, Jr. Lonoke, Ark . 1930-31 William S. Arnold Crossett, Ark. ' Harry P. Dailey Fort Smith, Ark . 1931 -32 J. Gaston Williamson Little Rock, Ark. ' George A. McConne ll Little Rock, Ark. 1932-33 Robert l. Jones, Jr. Fort Smith , Ark. ' Paul Jones Texarkana, Ark. 1933-34 J. c. Deacon Jonesboro , Ark. ' Robert E. Wiley Little Roc k, Ark. 1934-35 *DECEASEO

197

1935-36 1936-37 1937-38 1938-39 1939-40 1940-41 1941 -42 1942-43 1943-44 1944-45 1945-46 1946-47 1947-48 1948-49 1949-50 1950-51 1951 -52 1952-53 1953-54 1954-55 1955-56 1956-57 1957-58 1958-59 1959-60 1960-61 1961 -62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970-71

Councils

Legal Education Council

Ric ha rd A. W illi a m s,

Chai rma n 1972 Lillie Rock Ma rlin C . G ilbe rt,

Vice-Chairma n 1973 Pine Blu ff O hm e r C. Burns id e, Jr. 1972 Lake Village W ill iam Putman 1972 Fayetteville Willia m K. Ball 1973 Mont icello Murray Cla yco m b 1973 Warren Ike All e n laws 1974 Russe llville Ri c ha rd H . Ma ys 1974 EI D o rado G lenn W. Jo nes, Jr. 1974 litt le Roc k

Ex -Offi ci o D ea n Ralph Ba rnhart, D ean o f Unive rsi ty o f Arka nsas law Sc hoo l

Pro f. Robert Broc kmann , Direc tor, Continuing l egal Education

Jam es Blair, President , Con ference o f l ocal Bar Association s

Council Of Past Presidents CHAIRMAN: J. Gaston Williamso n

N. J. Gantt, Jr. Joe C. Barre tt l amar Will iamson A. F. House Terre ll Marshall J. l. Shaver Euge ne A. Matthews Edward l. Wright John A. Fogleman Will is B. Smith W. S. Mitchell Heartsill Ragon Oscar Fendler louis l. Ramsay, Jr. Bruce T. Bullion Courtney C. Crouch Maurice Cathey William S. Arnold J. Gaston Williamson Robert l. Jones, Jr. J. C. Deacon

Pine Bluff Jonesboro Monticell o Littl e Rock Littl e Rock Wynne Hot Springs Li ttl e Rock West Memphis Texarkana Li ttl e Rock Fort Smith Blyt heville Pine Blu ff Litt le Rock Springdale Pa rago ul d Crossett Litt le Rock Fo rt Smith Jonesboro

1940-41 1943-44 1945-46 1948-49 1951-52 1953-54 1956-57 1957 -58 1958-59 1959-60 1960-61 1961-62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970-71

Sections

Conference Of Local Bar Associations Preside nt .

Sec re ta ry ...... .

Vice- Pres ide nt ....... . (Northeast Di stric t)

Vice Preside nt (So u theast Dis!ric !)

Vi ce- Pres ide nt . (Southwest Di stri c t)

. James B. Blair 111 Holcomb

Springdale, Arkansas . John Lineberger

P. O . Box 41 28 Faye tteville , Arkan sas

. . . . ........ Ri cha rd H atfield 330 Broadway

West M e rnphis, Arkan sas . Thomas S. Streetman

P. O . Drawer" A" Crossett , Arkan sas

. . John S. Stro ud, Jr. 6 State line Plaza

Texarkana, Arkansas Vice-Preside n t. ..... . ........................ Lynn Wa d e (N o rthwes t Di st r ic t ) 20 Eas t Ce nter

Vice- Pres ide nt .. (Ce ntral)

Fayett eville, A rkan sas . Darrell Dover

1550 Tower Building lillie Roc k, Arka n sas

198

Criminal Law Section

C hairman ..

Vice-Chai rma n .... .. . .

Sec retary ...... .. .. .

Past Cha irman

. ... M ahlo n G . G ib,on 1949 Yates Ave nue

Faye ttevi lle, A rkan sas 72701

. ..... Haro ld Hall Three Hundred Spring Building

lillie Rock, Arkan sas 72201

.. Euge ne A. Matthe w s, Jr. Arkansas N ational Bank Building

HoI Spr ings, A rkan sas 71 901

. . ... Edwin R. Be lhun e, Jr. P. O. Box 36

Searcy, Arkan sas 72143

Taxation, Trust And Estate Planning Section Chairman .. ......... . ................. John Se l ig

Tru st D epartm ent Wo rth en Bank litlle Rock , Arkan sas 72201

Viee· Chairman ...... . ... ................ Rober. H olmes

Secretary . . . ..... John L. Jo hnson 2050 WOrlhen Bank

Little Rock, Arkansas 72201

Directors John Se l ig Robert H olm es John l. Johnso n G le nn W. lones, Jr. H . T. Larzelere, Jr .

Li ttle Rock Pin e Bluff

li tt le Rock li ttle Rock litt le Rock

P. O . Box 7808 Pin e Bluff, Arkansas 71601

Family law Section Mineral law Section Chairman .............. .

Chairman . .... . . . , ..... . ... .

. . . . Willi am H . Sc hulze 201 1/2 West Main Street

Ru ssellville, Ark. 72801

Chairman ............... .

Savings And loan Section Cha irman ..... . .... . . . .... .. ....... Charl es Yi ngli ng, Jr.

407 W est Arc h Sea rcy, Arkansa s 721 43

Young lawyers Section ....... John G . Lile, III

P. O . Box 8201 Pine Bluff, Arka nsas 71601

DIRECTORS

Vi ce-C hairman ...................... Richard F. Hatfield 330 Broadway

West Memphis, Arkan sas 72301

John Selig Robert Fussell Bi ll Bridgforlh Richard Smith Roger G lasgow Eric Bi shop James M cLarty Bill Wilson Keith Arman

Secretary . ......... . . ... John S. Choate 312 louisiana

lillie Rock, Arkan sas 72201

law Student Division Co· Chairman ................ , Jim Spears, Vice- President

Studen t Bar Association -University o f Arkan sas Sc hool of law

Fayetteville Campus

Co·Chai rman .. .. . . .. , Bob M arqua rdt, Vice- Preside nt Studen t Bar Association

- University o f Arkansas Sc hool of law l illie Roc k Campus

Sec retary . . . .. To be appointed by Co·Chairmen

199

1972 1972 1972 '1972 '1972 '1973 '1973 1973 1973

.... Joseph F. Aik ins, Jr. P. O. Box 263

lewisv ille, Arkansas 71854

l ittle Rock lillie Roc k Pine Blu ff

West Memphis Liltle Rock

Ashdown Newport

lillie Rock Hal Springs

Standing Committees I

JURISPRUDENCE AN D LAW REFORM H. Murray Claycomb,

Chai rman Warren G. D. Wa lker Jonesboro Richard H. Mays EI Dorado Henry Woods little Rock Bi ll R. Hol loway Lake Vill age Wi ll iam S. Walker Harrison E. Harl ey Cox Pine Bluff W. Dane Clay Little Rock Richard S. Arn old Texarkana

LEG ISLATION COMMITTEE

William A. Eckert, Cha irman

J. L. Shaver, Jr. Guy Amsler, Jr. Russell Elrod Max Howell Ed light Ie John T. Williams Thomas E. Sparks Thomas B. Tinnon

Magnolia Wynne Little Rock Siloam Springs little Rock Searcy little Rock Fordyce Mountain Home

1974 1972 1972 1972 1973 1973 1973 1974 1974

1974 1972 1972 1972 1973 1973 1973 1974 1974

PROFESSIONAL ETHICS AND GRI EVANCES

Stee le Hays, Chai rman Litt le Rock 1974

Lynn F. Wade Fayetteville 1972 Carrold Ray Marianna 1972 Joe D. Woodwa rd Magno lia 1972 Otis Turner Arkadelphia 1973 Robert Branch Paragou ld 1973 Wi ll iam A. Eckert Magnolia 1973 Comer Boyett, Jr. Searcy 1974 Dennis L. Shackleford EI Dorado 1974

UNAUTHO RIZED PRACTICE OF LAW COMMITTH Eugene L. Schieffler,

Chairman Ray A. Goodwin Wi ll iam R. Overton Wi ll iam M. Stocks Ken net h H. Cast leberry A. E. (Jack) Townsend, Jr. Robert Gibson H. Watt Gregory III Gerald Brown

West Helena Paragou ld little Rock Fort Smit h Little Rock N . little Rock Dermott little Rock Paragould

1973 1972 1972 1972 1973 1973 1974 1974 1974

Permanent Committees

John L. Johnson, Chairman Paul W . Hoover, Jr. Byron Eiseman

LEGAL AID COMMITTEE Jerry T. light,

Chairman Clay Patty, Jr. LeRoy Autrey Knox Kinney Davis Duty Oscar Fend ler Sid H. McColl um Mi las Hale

little Rock little Rock Texarkana Forrest City Rogers Blythevi lle little Rock Little Rock Warren Robert C. Vittitow

MEMORIALS COMMITTEE Judge Ed McFaddin, Chairman Judge Guy Amsler Judge Frank lin Wilder Judge Archer Wheatley Judge Wi ll is Smith Judge W. C. Medley Judge Lawrence Dawson Robert S. Lindsey John A. David, II I

AUDITING COMM ITTEE Little Rock Little Rock Little Rock

1974 1972 1972 1972 1973 1973 1973 1974 1974

Litt le Rock little Rock Fort Smith Jonesboro Texarkana Hampton

Pine Bluff Little Rock Pine Bluff

200

Frank H. Cox Donald W . Nance

Little Rock Little Rock

NEWS MEDIA LIAISON COMMITTEE

Wi ll iam S. Arnold, Chairman

Stephen A. Matthews Thomas Pryor Phillip Carroll Gera ld Brown Charles Carpenter

Presiden t President-E lect

Crossett Pine Bluff Fort Smith little Rock Paragou ld N. little Rock

Ex-Officio

1974 1972 1972 1973 1973 1974

Pau l B. Young Henry Woods

RESOLUTIONS COMMITTEE Mau rice Cat hey, Chairman Paragould

Batesvi lle Fayetteville Springdale li ttl e Rock Little Rock

David H. Blai r Mahlon Gibson H. Frank lin Waters Wa lter Dav idson Henry Woods

,

Special Committees "-

ANNUAL MEETING COMMITTEE E. Harley Cox, Chairman Richard Wootton Edward B. Dillon James B. Sharp Robert Shults M . J. Probst Comer Boyett , Jr. Hays C. M cClerkin C. B. Nance Joe D. Woodward James B. Blair Joe C. Boone, Jr. Don M . Schnipper Ri chard Hatfield

Pine Bluff Hot Springs little Rock

Brinkley little Rock Pine Bluff

Searcy Texarkana

West Memphis Magnolia

Springdale Jonesboro

Hot Springs West M emphis

AUTOMOBILE INSURANCE COMMITTEE Bruce T . Bullion, Chairman J. L. Shaver Joe D. Woodward Dale Price G. D. Walker Edward I. Staten William A . Eldredge, Jr.

AWARD OF MERIT COMMITTEE Wi lliam R. Holland, Chairman James E. West Ro bert D. Ross Thomas B. Pryor Phillip Carroll Edwin R. Bethune

BAIL REFORM COMMITTEE Judge Lawson Cloninger, Chairman Hugh Kincaid Will iam H. Enfield Ph illip Ragsdale Robert Faulkner Phillip Kaplin George Proctor Gord on F. Engeler, Jr. Bob I. Mays Mike Wil son Robert L. Dawson Bart Mullis Judge Charl es Goldberger

CIVIL PROCEDURES COMMITTEE James D. Storey, Chairman Thomas Glaze

athan Gordon Jerry L. Canfield Tho mas W. Card in John L. Anderson Paul Rawlings James Mclarty

Little Rock Wynne

Magno lia Little Rock

Jonesboro Pine Bluff

Little Rock

Pine Bluff Fort Smith little Rock Fo rt Sm ith little Rock

Searcy

Fort Smith Fayett ev ille Bentonville little Rock little Rock little Rock

Augusta M ountai n Home

Fayettev ille Jackso nville

Fort Smith Pine Bluff Pine Bluff

little Rock little Rock

Morr ilton Fort Smith Jonesboro

Helena Littl e Rock

ewport

201

Gerald Brown W . Dent Gitchel Ami s Guthridge Robert B. Leslie Gayle Ford Roy Finch, Jr .

CLAIMS REVIEW COMMITTEE Joseph L. Buffalo, Cha irman W. A. Eldredge, Jr. J. W. Barron Dale Price Bill y S. Clark

Paragould little Rock little Rock little Rock Mo unt Ida little Rock

little Rock Littl e Rock little Rock Litt le Rock little Rock

CLIENTS SECURITY FUND COMMITTEE W. J. William s, Jr., Chairman little Rock H. W. McMillan Dan M. Burge James H. Ri ce, Jr. Eldon Coffman William T. Kelly John B. Moore J. Gaston Wi ll iam son Walter W. Davidson

Arkadelphia Bl ytheville

Littl e Roc k Fort Smith little Rock Clarendon little Roc k little Rock

COMPUTERIZED LEGAL RESEARCH COMMITTEE Ri chard A. Williams, Chairman James E. West C. R. Warner, Jr. W. Dane Clay Richard S. Arn old Mitchell M oore Garvin Fitton

Littl e Rock Fort Smith Fo rt Smith little Rock Texarkana

O sceo la Harrison

CONSTITUTION AND BY-LAWS COMMITTEE Winslow Drummond, Chairman Judge Thomas F. Butt Julian B. Fogleman James B. Sharp Ernest G. Lawrence, Jr . Fines F. Batchelo r, Jr. Fred E. Pickett Joe D. Woodward Herman L. Hamilton, Jr . John W. Mann Ray A. Goodwin John Norman Harkey Edward Gordon Dv n Schnipper Randall W . Ishmael Ph ilip E. Dixon Ri chard H. Mays Henry Woods Wi lliam S. Walker William H. Schulze Otis Turner Thomas ~ . Sparks

little Rock Fayettevi lle

West M emphis Br inkley

Bentonville Van Buren

Ashdown Magnolia Hamburg

Forrest Ci ty Paragould Batesvi lle Morr il ton

Hot Springs Jonesbo ro little Rock EI Dorad o Littl e Rock

Harri son Russell ville

Arkadelphia Fo rdyce

Robert N. Hardin Dav id So lomon Dan M . Burge Wayne Boyce Terry M . Poynter Richard S. Arn old Stephen A. Matthews Do uglas O . Smith , Jr.

Bento n Helena

Blyt heville Newport

Mountain Home Texarkana Pine Bluff

Fort Sm ith

CONSTITUTIONAL REFORM COMMITTEE James A. Ross, Jr ., Chairman Monticello Thomas Cardin Jo nesboro Philip E. Di xon Litt le Rock G. Byron Dobbs Fort Smi th Lewis P. Epley, Jr. Eureka Springs Charles Frierson II I Jonesboro George Campbell Little Rock Charles Roscopf Helena E. Harley Cox, Jr. Pine Bluff Richard S. Arnold Texarkana Richard H. Mays EI Dorado Field K. Wasson Si loam Springs Judge Thomas Butt Fayett ev ille Fl oyd C. Crow Hope

CREDITOR'S RIGHTS COMMITTEE Charles Roscopf, Chairman Don Allen Smith Bill E. Ross Willi am D. Rothwe ll Jerry W. Watkin s E. J. Butler Kenneth Castleberry Isaac A. Scott , Jr. Joe B. Reed Griff in Smith Thomas Daily Steve Reasoner Robert Robinson Henry J. Osterl oh

Helena Fort Smith Bl ythev ille

Crossett EI Dorad o

Forrest City Little Rock Littl e Rock Springdale Littl e Roc k Fort Smith Jonesboro

Lillie Rock Little Rock

DEFENSE OF CRIMINAL INDIGENTS COMMITTEE C. B. Nance, Jr ., Chairman Jo hn P. Sizemore Wayne Harris Nicholas H. Pallon Julian D. Street R.H. Mills W.H. Dillahunty Vincen t E. Skillman William R. Wilson David A. Hodges Ed Owen Alfred J. Holland Leroy Blankenship George " Nick" Wilson Jerry Cavaneau David Hale Jon R. Sanford James L. Morgan

DESK BOOK COMMITTEE Claibourne W . Patty, Jr., Chairman Judge Richard Mobley

West Memphis Littl e Rock Fort Sm ith Litt le Rock

Camden Springdale Lill ie Roc k

West Memphis Littl e Rock

Newport Pine Bluff Pa ragould

Walnut Ridge Pocahontas

Searcy Little Roc k Russellville Russellville

Litt Ie Rock Russellville

202

James A. Ro ss, Jr. Murray Claycomb George E. Pike, Jr. Don Schnipper John F. Fo rster, Jr. Paul W. " Pete" Hoover, Jr. Richard C. But ler, Jr. Jim B. Spears John T. Lavey Robert L. Neighbors Ben E. Rice Ted D rake J. L. Hendren

Mo.nticello Warrer

lillie Rock Hot Springs Lilli e Rock Lilli e Rock Lilli e Rock Littl e Rock lillie Rock lillie Rock

Jacksonville Pine Bluff

Bentonville

DISCIPLINARY PROCEDURES COMMITTEE Edward B. Di llon , Jr., Chairman Robert Shults Jack Yates O liver M . Clegg David So lomon Herman L. Hamilton A. E. Townsend, Jr. S. Hubert Mayes, Jr. J. C. Deacon

Lilli e Rock lillie Rock

Ozark Magnolia

Helena Hamburg

North Litt le Rock Littl e Rock Jo nesboro

ECONOMICS OF LAW PRACTICE COMMIITEE Fines F. Batchelor, Chai rman Mitchell M oore Henry Wilkinso n W. R. Niblock Ben Paddock Thomas S. Lovell, Jr. Ph ilip K. Lyon Robert Branch Elton A. Rieves III Jo hn Purtle Paul Hogue W. Dane Clay Richard Martin Sam Weems John Pitman Robert L. Jones, III Donald S. Good ner John M . Fincher Tom F. Lovett

Van Buren Osceola

Fo rrest City Fayetteville Fort Smith Litt le Roc k lill ie Rock

Parago uld West Memphis

Batesv ille Hot Springs Little Rock Fort Smith

Des Arc West Helena

Fort Smith Waldron

Litt Ie Rock Litt le Rock

ENVIRONMENTAL LAW COMMIITEE Paul Sullins, Chairman Crossett

Ho t Springs Elbert Cook J. E. Gaughan James M. McHaney W. Dent Gitchel Robert L. Jones, III Stephen M . Reasoner Gera ld L. DeLung William H. Schulze F. Daniel Harrelso n Hoyt Thomas John Selig Don Killebrew Stephen Geigle Rudy Moore, Jr. Allyn C. Tatum Thomas Ledbetter

Camden Little Rock Lilli e Rock Fort Smith Jonesboro Fort Smith Russell vi lle Pine Bluff

Lillie Rock lill ie Rock

Siloam Springs Rogers

Spr ingdale Batesv ille Harri so n

Richard E. Griffin Gayle Ford John Fo rster, Jr. Jo hn M ixon

Crossett Mo unt Ida Litt le Rock Litt le Roc k

FEDERAL LEGISLATION AND PROCEDURES

E. Charl es Ei chenbaum , Chairman Leon B. Catl ett J. S. Dai ly Jo hn M ac Sm ith Hart man Hotz Jack D. Fil es Will iam L. Hopper M iddleton P. Ray, Jr . Jerry Jackson Jam es W . Cherry Oscar E. Davis, Jr. Ri chard E. Griffin F. C. Crow J. Gayle Wind sor Walter Dav idso n

HONORARY MEMBERS Senator Jo hn L. McClellan Congressman W ilbur D. Mi ll s Congressman W ill iam V. Alexa nder Senato r J. W illi am Ful bright Congressman Dav id H. Pryor

Litt le Rock Littl e Rock Fort Smith

West Memph is Fayett ev ille Litt le Rock EI Dorado Litt Ie Rock Littl e Rock Litt le Rock Littl e Rock

Crossett Hope

Littl e Rock Littl e Rock

GROUP INSURANCE PLANS COMMITTEE Eugene Bai ley, Chairman Eugene Mazzan ti Har lan A. Weber John C. Ward Wi ll iam L. Patt on, Jr. Eldon Co ffm an Don Preva llet Charl es R. W hite

INTERNATIONAL LAW COMMITIEE Joe C. Barrett , Chairman Edward L. W right Sidney S. McMath E. Charl es Eichenbaum Herschel H. Friday J. Michae l Shaw Middl eton P. Ray, Jr . Adrian W illiamson Ronald A. May Ri chard L. Pratt

INTERNSHIP COMMITTEE Si d Dav is, Co-Chai rman Boyce Lo ve, Co-Chairman Robert D. Cabe Albert R. Hanna Lynn F. Wade E. C. Gi lbreath Ben L. Paddock Don F. Hamil ton H. W att Gregory, II I James W . Moore

Littl e Rock Little Rock Littl e Rock Littl e Rock Littl e Rock Fort Smith Bl ythev ille

Hot Springs

Jonesboro Littl e Rock Littl e Rock Litt le Rock Littl e Rock Fort Smith Litt le Rock Mo nticello Li ttl e Rock Litt le Rock

Fayett eville Littl e Rock Littl e Rock EI Dorado

Fayettev ille Fo rt Smith Fort Smith Littl e Rock Littl e Rock Li tt le Rock

20 3

John A. Davis II I Wi lli am C. Bridgfo rth Ned A. Stewart, Jr . Ray A. Goodwin

Pi ne Bluff Pine Bluff Texarkana Paragould

JUDICIAL COUNCIL LIAISON COMMITIEE Ro bert D. Ross, Chai rman Li ttl e Rock Phillip Carro ll Littl e Rock Jam es E. West Fo rt Smit h

Ex-Officio Paul B. Yo ung

JUDICIAL NOMINATIONS COMMITTEE Wi ll iam S. Mitchell , Chairm an W . B. Putman Fayetteville R. A. Ei lbott Pine Bluff James E. Hyatt, Jr. O sceo la A lbert Graves Hope John D. Eldridge Augusta

Ex-Officio

President

1973 1973 1973 1972 1972 1972

Paul B. Young, President , Arkansas Ba r Assoc iati o n H enry W oo d s, V ice- Pres iden t , Ark an sas Bar Assoc iati on James E. West, Chai rm an, Executive Commi tt ee, Arkansas Bar Assoc iati on

LAW DAY COMMITTEE Jay W . Dickey, Jr., Chairman Ben L. Paddock J. Winsto n Bryant Dav id K. Gunti Ri chard Butler, Jr. John P. Sizemo re G. Leroy Blankenship Richard E. Gri ffin Gordon F. Enge ler, Jr. Jo hn R. Graves Cyril Ho llingsworth Lesl ie Evitts Stephen Geigle

LAW SCHOOL COMMITTEE Herschel H. Friday, Cha irman Fred M. Pi ckens, Jr. Lew is D. Jo nes Lo uis L. Ramsay, Jr. Robert Shults James B. Sharp

Pine Blu ff Fort Sm ith

Malvern Pine Blu ff

Littl e Rock Littl e Rock

Waln ut Ridge Crossett

Mo unta in Ho me Ho pe

Li tt le Rock Fort Smith

Rogers

Little Rock ewport

Faye ttev ille Pine Blu ff

Li tt le Rock Brinkley

LAW STUDENT LIAISON COMMITIEE Don M. Schnipper, Chairman Ho t Springs

Litt le Rock Littl e Rock Fayettev ille

Hot Spr ings

Neva Talley Gordon Rather, Jr. A. D. McAlli ster Ri chard Slagle Will iam C. Bridgfo rth Jo hn C. Gregg George E. Kl ock Dav id B. Ho rn e H. Watt Gregory III

Pine Bluff Paragould

Fort Smith Fayettev ille Litt le Rock

LAWYER REFERRAL SERVICE COMMITTEE Robert L. Jones, Jr. , Chairman Fort Smith

Bob Dawson William Blev in s Randall Ishmael Darrell Dover Wayne Boyce Elizabeth Brooks David . La se r Frances Holtzendo rff Dan Orr Royce J. Weisenberger, Jr. Milam M . Kinard Louis J. Longinotti , III William C. Nolan, Ir. David R. Malone Searcy W. Harrell, Ir . Guy H. lo nes, Jr .

North Little Rock North Little Rock

lonesboro Litt le Rock

Newport Little Rock lanesboro

Littl e Rock Ash Flat

Texarkan a Magnolia

Hot Springs EI Dorado

Fayettev ille Cam den Conway

MALPRACTICE PANEl COMMITTEE William A. Eldredge, Chairman Alston lennings

COMMITTEE Littl e Rock Little Rock Pine Bluff Stephen A. Matthews

MARITIME LAW COMMITTEE Ed E. Bedwell , Chairman William A. Schulze Richard Crockett Les lie Evitts Kenneth Baim Robert Hays William s Gordon S. Rather, Jr.

MEMBERSHIP COMMITTEE l oe Purce ll , Chairman Ronald May David Malo ne William I. Prewett Richard Slagle Robert C. Lowry John . Harkey William H. Schulze Fines F. Batchelo r, Ir. Milam M. Kinard Mitchell D. Moore Nathan G. Gordon Ri chard H. Mays Jerry Pin son James H. McKenzie Bruce D. Switzer Ri chard Pence, Ir. lames D. Cypert James D. Emerson Christopher Barrier Robert Leslie lohn M . Graves Clayton N. Little

abors Shaw Herman L. Hamil ton I. L. Shaver, Jr. Gerald Brown John T. Stroud, Ir. C. B. Nance, Jr. Cyri l Holl ingsworth Eugene S. Harris

Fort Smith Ru sse ll vi lle Little Rock Fort Smith Pine Bluff

Ru sse ll ville Litt le Roc k

Benton Littl e Rock Fayetteville EI Dorado

Hot Spr ings Little Roc k

Batesv ille Russellville Va n Buren

Magnolia Osceo la

Morrilton EI Dorad o

Harri son Prescott Crossett

Little Rock Springdale

Mena Little Rock Little Rock

Camden Bentonville

Mena Hamburg

Wynne Paragould Texarkana

West Memphis Little Roc k Pine Bluff

204

Arthur Eugene Raff, Jr. Helena

NEW HEADQUARTERS COMMITTEE Edward Lester, Chairman Little Rock

Texarkana Pine Bluff

Fort Smith

lohn Stroud Don Smith Ben Core Comer Boyett Boyce Love James Sharp John P. Gi ll William J. Wynne David So lomon Julian Fogleman Philip Anderson W. W. Bassett , Jr.

PRE-LAW ADVISORS COMMITTEE Martin G. Gilbert , Chairman Judge Paul Wolfe Thomas Ark Monroe II I Neva Tall ey Oscar Davi s, Ir. Paul I . Hogue Lera R. Kelly J. Marvin Holman Thomas Ledbetter All yn C. Tat um

PROBATE LAW COMMITTEE Leonard Sco tt, Chairman Harry E. Meek, Honorary Chairman Judge Warren Kimbrough Thomas J. Bonner Thomas A. Daily E. L. Cullum Richard Hipp George Proctor ludge Alex Sanderson Judge Royce Weisenberger O liver Clegg J. Marvin Holman ludge Thomas Butt Weems Tru sse ll Edward L. Wright , Jr.

Searcy Little Rock

Brinkley Little Rock EI Dorado

Helena West Memphis

Littl e Rock Fayettevi lle

Pine Bluff Fort Smith

Magnolia Little Rock Little Rock

Hot Springs Arkadelphia

Clarksvi lle Harriso n

Batesv ille

Littl e Rock Little Rock Fort Smith Little Rock Fort Smith Little Rock Fayettev ille

Augusta Texarkana

Hope Magnolia

Clarksville Fayett ev ille

Fordyce Littl e Rock

PUBLIC INFORMATION lo hn P. Gi ll , Chairman J. V. Spencer III

COMMITTEE

Cyril Hollingsworth Virginia Tackett Do nis B. Hamilton James A. Mclarty Robert T. Dawson David Laser Thomas S. Stone Bill Thompson James Buttry Dent Gitchel Sam Highsmith O hmer C. Burn side, Jr . Guy Amsler, Jr. l ames c. Johnson

Littl e Rock EI Dorado Littl e Rock Little Rock Paragould Newport

Fort Smith Jo nesboro

Littl e Rock Fort Smith Litt le Rock Litt le Rock

Batesv ille Lake Village Litt le Rock

M ountain Home

Thomas W. Card in Wort h Camp William C. Rea George E. Klock

REAL ESTATE LAW COMMITTEE G. Byron Dobbs, Chairman William Nash Eugene Harris Judge Ri chard Mobley E. Dematt Henderson Alex Sanderson Guy Amsler, Jr . Charles L. Gocio J. Gayle Windsor Edward L. Wright, Jr. William L. Blair

Jonesboro EI Dorado little Rock Fort Smith

Fort Smith Little Rock Pine Bl uff

Ru sse ll ville little Rock Texarkana

little Rock Bentonville little Rock Littl e Rock Little Rock

RETIREMENT PLAN ( KEO UGH) Byron Ei seman, Chairman

COMM ITTEE

Joh n L. Ru sh James H. Rice, Jr. Ted Drake John Selig

Littl e Rock Pine Bluff

Li ttl e Rock Pine Bluff

Littl e Rock

STANDARDS FOR THE ADMINISTRATION OF CRIM INAL JUSTICE COMM ITTEE Edwin R. Bethune, Chairman Judge Steele Hays Judge Melvin Mayfie ld Judge Bobby Steel Judge William Enfield Robert W. Faulkner Robert J. Brown J. L. Hendren Kaneaster Hodges James C. Luker Frank Wynne J. W . Green, Jr. Robert F. Fussell Phillip Kaplan H. William Allen UNIFO RM LAWS COMMITTEE J. C. Deacon, Chairman Philip Carroll William S. Arnold Joe C. Barrett Robert A. Leflar Marcus Halbrook

Searcy litt le Rock EI Dorado

Nashvi lle Bentonville litt le Rock little Rock Bentonville

Newport Wynne

Fordyce Stu ttgart

little Rock little Rock little Rock

Jonesboro little Rock

Crossett Jonesboro

Fayettevi lle Little Rock

Arkansas Bar Foundation

Officers Chairman

Vi ce-Chairman

Secretary-Treasurer

Stephen A. Matthews P.O. Box 7808

Pine Bluff, Arka nsas 71601

Edward Lester 1330 Tower Building

litt le Roc k, Arkansas 72201

Phi lip S. Anderson 2200 Worthen Bank Building

Littl e Rock, Arkan sas 72201

205

Richard H. Mays Randall Ishmael Wayne Boyce Ben Core Philip S. Anderson William K. Ball John F. Stroud, Jr. Edward Lester W. S. Mitchell James A. Ross, Sr. Phillip Carroll Ro bert L. Jones, Jr. Jam es B. Sharp Oliver Clegg

DIRECTORS

1972 1972 1972 1972 1972 1972 1972 1973 1973 1973 1973 1973 1973 1973

EX-OFFICIO

EI Dorado Jonesboro

Newport Fort Smith little Rock Monticello Texarkana

little Rock litt le Rock Monticello Little Rock Fort Smith

Brinkley Magnolia

Paul B. Young, President , Arkansas Bar Assoc iation James B. Blair, President , Conference of Local Bar Associations

Arkansas Bar Foundation Committees

AWARDS COMM ITIEE

EX-OFFICIO MEMBERS

Chairman, Arkansas Bar Foundation - Stephen A. Matthews Pres ident , Arkan sas Bar Association - Paul B. Young Chairman, State Judic ial Council - presently Judge Paul Wolfe; as of October Judge Terry She ll Chairman, Assoc iation 's Executive Committee -James E. West Chairman, Young Lawyers Section - John G. Lile III

BUILDING COMMITTEE

Edward Lester, Chairman Jo hn Stro ud Don Smith Ben Core Comer Boyett Boyce Love James B. Sharp William J. Wynne David So lomon Bass Trumbo Julian Fogleman Philip Anderson John P. Gi ll

Little Rock Texarkana Pine Bluff Fort Smith

Searcy Litt le Rock

Brinkley EI Dorado

Helena Fayettev ille

West Memphis Little Rock Littl e Rock

MEMORIALS COMMITIEE

William S. Mitchell , Chairman James Pilkinton Fred Pickett Ben McMinn Frank lin H. Wilder J. V. Spencer, III

ELECTION OF FELLOWS COMMITIEE

James Ross, Sr., Chairman James E. West Bruce Bullion Oscar Fendler Edward P. Jones William M . Moorhead J. Gaston Williamson Eugene Mazzanti

FINANCE COMMITIEE

William H. Sutton, Chairman Byron Eiseman Jeptha Evans Frank Cox John L. Johnson Donald Nance

Li ttl e Rock Hope

Ashdown Little Roci, Fort Smit h EI Dorado

Mo nticello Fort Smith Littl e Rock Bl ytheville B~nLonv i lie

Stuttgart Littl e Rock Little Rock

Litt le Rock Little Rock Booneville Little Rock Little Rock Little Rock

Local Bar Associations

ARKANSAS ASSOCIATION OF WOMEN LAWYERS President Vice-Presiden t Recordi ng Secretary Co rrespon ding Secretary

Claylcen Robert s Vi rginia Gat es

Grace Ferguson Rebecca No rt on

ARKANSAS COUNTY 8AR ASSOC IATION President I. W . G reen , Ir.

Secretary-Treasurer Virgi l Moncrief

8AXTER-MARION COUNTY 8AR ASSOC IATION President Vice-President Sec re tary-Treas urer

Frank I. Huckaba Go rdon F. Engeler, Jr .

James C. Joh nson

8ENTON COUNTY 8AR ASSOC IATION President Vice-President Secretary-Treasurer

Ralph C. Will ia ms

Eugene Kelley Don Killebrew

206

8LYTHEVILLE 8AR ASSOCIATION Presid ent Vice- Presid ent Sec retary-Trea surer

800NE-NEWTON 8AR ASSO CIATION Presiden t Vice- President Secretary-Treasurer

Leo n Burrow D on Prevallct

Bill Ross

Robert V. Logan, Ir. Gene C. Campbell Buford M . Gardner

8RAD LEY COUNTY 8AR ASSOC IATION Presid ent Tom Haley Vice-President Robert C. Vittit ow Sec retary-Treasurer Paul K. Robe rt s

CH ICOT COUNTY 8AR ASSO CIATION Presid ent a c. Burnside, Jr .

Sec retary -Treasurer W K. Grubbs

(

CLA RK COUNTY BAR ASSOCIATION President Secretary-Treasurer

John W . Simmons V. Dwa in Needham

CLE BURNE COUNTY BAR ASSOCIATION President

Sec retary-Treasurer Ca rl B. McSpadden

Ea r l N . Olmstead

COLUM BIA COU NTY BAR ASSOCIATION Presi d e nt Mike Ki nard

A rk Monroe Harry B. (olay

Vice-President Sec retary-Treasurer

CONWAY COUNTY BAR ASSOCIATION Pres ide nt Sec retary-Treasurer

Na tha n C . Go rdo n Charles H . Eddy

CRAIG HEAD COUNTY BAR ASSOCIATION Pres ide nt Vice- Preside nt Sec retary-Treas urer

Donald F. Seay Marvin L. Kieffe r

D avid N . Laser

CRITTEND EN COUNTY BAR ASSOCIATION Preside nt Vice- President Secret ar y-T rcas u rer

lind se y J. Fairley Richard F. Hatfie ld

Chadd l. Durrell , Jr.

CRAWFORD COUNTY BAR ASSOCIATION Preside nt Vice- President

Sec retary-Treasurer

Floyd G. Rogers David Partain

Darrell Johnso n

CROSS COU NTY BAR ASSOCIATION President Everelt Proclor

l ames Luker Jim Shave r, Jr.

Vice-President Sec reta f y-Treasu rer

EIG H TH CH AN CE RY BAR ASSOCIATION Pres ident Vice- President Sec retary-Treasurer

Leroy Blankenship Gray Dellinger Ruthel l1 eas ley

FAULKNER COU NTY BAR ASSOCIATION Presiden t Vice- Presiden t Sec retary-Treasurer

Franc is T. D onovan Bill Clark Bill Braz il

GARLAND COU NTY BAR ASSOCIATION President Vice- President Secretary-Treasurer

Michael B. Heindl Robert D . Ridgeway

Regina Whitaker lohn s

GREENE -ClAY COUNTY BAR ASSOCIATION Presid ent Secretary-Treasurer

Verl in E. Upton Joe Ca lvin

HEMPSTEAD COUNTY BAR ASSOCIATION Presid ent Sec retary-Treasurer

larry S. Patt erso n John Robert Graves

HOT SPRING COUNTY BAR ASSOCIATION President Vice- President Sec re tary-Treasurer

lames C. Co le loe W . M cCoy W . C. Gilliam

207

IND EPENDENCE COUNTY BAR ASSOCIATION Presi den t Sec ret a ry-T reasu rer

John Purtle Mrs. Bernice McSpadden

JACKSON COUNTY BAR ASSOCIATION Presid ent Tim Wa tso n

Claude Erw in Max O . Bow ie

Vice- President Secretary-Treasurer

JEFFERSON COUNTY BAR ASSOCIATION Presid ent V ice- Presiden t Sec retary-Treas urer

Donald H. Smith Edward M . Owen

Joh n Rush

LAWREN CE COUNTY BAR ASSOCIATION Presiden t Roy M ullen Vice- Presi dent H. l. Ponder Sec ret ary-Treasurer J. F. Sloan , III

LEE COUNTY BAR ASSOCIATION President Vice-Presi dent Sec retary-Trea surer

W . H. Daggett James R. Va n Dove r

Carro ld Ray

MILLER COUNTY BAR ASSOCIATION Presi dent Thomas S. Arnold Vice- Presi den t Sec retary-Treas urer

John O . Moore Ned A. Stewart, Jf.

NORTH EAST ARKANSAS BAR ASSOCIATION President Vice- President Sec retary-Treas urer

OSCEOLA BAR ASSOCIATION Presid ent Vice- President Sec retary-Treasurer

Ju lian B. Fogleman Mit chell D . Moore A. Ian Th omas, Jr.

Ra lph E. Wil so n Mitchell D. Moore

David Bu rnell

OUACHITA COUNTY BAR ASSOCIATION President Vice- President Secretary-Treasurer

Searcy W . Harrell , Jr.

PHILLIPS COUNTY BAR ASSOCIATION President

Ralph E. Faulkne r Robert S. l aney

E. l. Sc h ierrler Vice-President Bill D inning Sec reta ry-Treasurer John M . Pitt man

PIKE COUNTY BAR ASSOCIATION President Lindell Hile Sec retary-Treasurer jimm y l. Feath ersto n

POINSETI COUNTY BAR ASSOCIATION President Henry Wilson

Burk Dabney H. l. Methvin

Vice-P resid ent Sec retary-Treas urer

POLK COUNTY BAR ASSOCIATION President Vice- President Sec retary-Treasurer

loe H. Hardegree Robert l. Shaw

James D . Emerson

POPE -YElL BAR ASSOCIATION President Vice- President Sec retary-T reasurer

Roben H. Williams R. M . Pridd y

W illiam R. Bullock

PULAS KI COUNTY BAR ASSO CIATION President Robe rt Shult s

Rober t S. lind sey John Ca lh oun

Vice- Presid ent Sec reta ry-Treasurer

RANDOLPH - LAWRENCE COUNTY BAR ASSOC IAT ION President Vice- President Sec retary-Treasurer

H . l. Po nder

Harrell Simp son , Jr. Thorn Hilburn

ST. f RANCIS COUNTY BAR ASSOC IATION President Vice- Presi dent Sec retary-Treasurer

Henry Wi lk inson

Fletcher l ong, Jr. Joh n Ma nn

SALINE COUNTY BAR ASSOC IATION Presi den t Gladys Wied

Ted D o nham Sec reta ry-Treas urer

SEBASTIAN COUNTY BAR ASSOC IATION President Vice- Presiden t Secretary-Treasurer

Ro bert T. Dawso n Ben L. Paddock Jerry l. Ca nfield

SOUTH EAST ARKANSAS BAR ASSOC IATI ON President Sec retary-Treas urer

MISSING

James M . Barker Thomas S. Streetman

AND UNKNOWN HEIRS LOCATED

NO EX PENSE TO TH E ESTATE

WO RLD-WIDE SERVICE FOR

COURTS - LAWYERS - TRUST OFFICERS ADMINISTRATORS - .EXECUTORS

American Archive" A""ocialion INTERNATIONAL PROBATE RESEARCH

449 WASHtNGTON BUILDING

WASHI NGTON, D. C.

208

SOUTH WEST ARKANSAS BAR ASSOC IATION Presid e nt Vice- President Sec retary-Treasu rer

O ti s H. Turner W . H. Arn o ld , III

Talbot Field , Jr.

TH IRTEENTH JUD ICIAL DISTRICT BAR ASSOC IATION President Vice- Presi dent Sec retary-Treasurer

TRI -COUNTY BAR ASSOCIATION President Vice- President Sec ret ary-Treasurer

UNION COUNTY BAR ASSOC IATION

Charles Plunkett Sea rcy Harrell A llen Ro bert s

Ca rmack Su lliva n W . G. Wiley

E. A. Causbie

Presi dent Vice- President Sec retary-Treasurer

Jose ph K. Mahony, II lames V. Spencer, III

Michael F. Mahony

WASHINGTON COUNTY BAR ASSOC IATION President Vice- President Sec retary-Treasurer

WH ITE COUNTY BAR ASSOCIATION Presid ent Vice- President Sec retary-Trea surer

Complete Trust Services

For Attorneys And Their Clients

Peter G. Estes H. Franklin Waters

Esther M . White

Edwin R. Bethun e l eroy Froman

Jerr y Cava neau

7I'elenoJOtiono/ 302 Cherry tf) L

Helena, A rkansas <:!JONK

,

Court Reporter

Verna Williams 8001 Woodhaven Dr. 565·2969

Little Rock, Arkansas

BEACH ABSTRACT & GUARANTY CO. REPRESENTING :

COMMERCIAL STANDARD TITLE INS. CO. ABSTRACTS·ESCROWS·TITLE INSURANCE

213 W. 2nd St.-Little Rock, Ark. - FR 6-3301

And HEART OF THE OZARKS REALTY COMPANY

Col. c. C. King, Owner Mrs. Fonta L. Mackie, Abstractor Issuing Agent for Chicago T itle I nsurance CO.

ABSTRACTS- REAL ESTATE-INSURANCE Member of American and Arkansas Land Title Asso.

Area Code 50l -Telephone: 253-8612 26 Spring Street, Eureka Springs, Ark . 72632

PARAGON Printing & Stationary Co.

has been printing BR IEFS for over 35 yea rs.

May we be o f service to you? 31 1 East Capitol

Little Rock FR 5·128 1

, ... ~ '. ~--. - --.' , ~'.

BENTON COUNTY ABSTRACT CO. James C. Clanton

Court House Bentonville 273·2666

CHICAGO TITLE INSURANCE COMPANY

Symbol 01:

SERVICE - STRENGTH - SECURITY

State Agent

LITTLE ROCK ABSTRACT COMPANY

214 Lou isiana Street Little Rock, Arkansas

(Sal I F R 5-4477

Court Reporter

Hunter G. Woody 5203 Halifax Dr. LO 2·3335

Little Rock , Ark.

Court Reporter

Will iam Poston Bowen 217W.15thSt. FR2·3170

Little Rock, Ark.

I'\rkarlSas Reports - Vol . 1 thru 245 ; Arkansas Dlig ,est-C:on,plet<t Federal Practice & Procedure (not supplemental)

Personal Injury- Complete & New Trauma-Complete & New

Don Gillaspie No. 17 Rosewood Circ le Little Rock. Ark . 72205

Judv Mahoney Armstrong Bldg. EI Dorado. Ark . 71730

Over 50 Years of Service

FAULKNER COUNTY ABSTRACT COMPANY 226 Sarah McHenry·E lizabeth McHenry Robert M. McHenry-Rosemary McHenry

ABSTRACTS- FIRE & CASUALITY INSURANCE INVESTMENTS

Bring Your Title Troubles To Us. 131 2 Oak St.-FA 9 ·2631- Conway

F.or Sale Series 1 thru 28

Arkansas Reports Total Price $325.00

Write or Call Mr. T.H. Mayer

11225 Gilla Valley Dr .• Little Rock. Ark. 2254846

Get Yourself

• a pIece of History, First National's Centennial Certificate; $100, non-renewable, paying 5% interest for one year; printed on antique parchment, suitable for framing. (We'll cancel it at the end of a year, so you can keep it, along with the $105 it will be worth.) First National Bank, Fort Smith's financial leader for almost a century, now offers another firs t- a $100 certificate of deposit, paying five percent interest for one year.

It 's our special Centennial Certificate, issued in co mmemoration of our lOOth year. Specially designed, sequentially numbered, and printed on parchment, it's reminiscent of a century-old bank note. We think it may well become a genuine collector's item.

To buy one or more of our Centennial Certificates, simply drop by any of our five convenient locations, or write to Jim Sparks, First National Bank, Sixth and Garrison, Fort Smith, Arkansas, 72901, giving us your name, address, Social Security Number, and your check for SlOO for each Certificate.

(They make wonderful gifts for a chi ld or grandchild.)

Actual Size 7" x 8Yz"

first national bank of fort smith, ark. the first place

MEMBER FDIC

Documents

SEPTEMBER 1971