Vol. 37, No.2, Spring 2002online at www.arkbar.com

The Arkansas

A publication of ther Arkansas BarAssociation

•Healthy Lifes!yles

for Today's Lawyer

When Good StressTurns Bad

RethinkingyourInvestment Strategies

ArLAP helps Lawyersfight addictions, depression

and other impairments

Can you live longer andstill feel like a Warriorby using Mediation?

........ : ." .....

PUBLISHERAmtlSQS &r AssodstwnPhone, (501)3~

F"" (SOl )3754901Homepage: www.arkbar.romE·Mail: p;ones@arkbar.rom

EDITORPQI Jonn

GRAPHIC DESIGNSDra LA"dis

EDITORIAL BOARDStuart P. Miller, Chair

Wiley A. BrantonMorton GitelmanJames C. GravesJ. Leon Holmes

Jacqueline Johnston/CravensLucinda McDanielDavid H. Williams

Jacqueline S. Wright

OFFICERSPresident

Sandra Cherry

President-ElectMurray Oaycomb

lmmediate Past PresidentRon O. Ha.nison

Secretary·TreasurerWillia.m A. MMtin

ParliamentarianJeannelle Denham

Board of Governors ChairDavid Va.ndergriff

Young Lawyers Section Chairlim Cullen

Executive DirectorDon Hollingsworth

Associate Executive DirectorJudith Gray

BOARD OF GOVERNORSJudge Wiley Branton,. Jr.

F. lhomas Currylhomas A. Daily

Elizabeth DanielsonKay West ForrestLance B. Gamer

Dave Wisdom HarrodRobert "Skip" HenryGwendolyn Hodge

Jill JarowayPhilip E. Kaplan

Edwin N. McClureLance R. Miller

Marie-Bemarde MillerJames M. Simpson, Jr.

James D. SprottDanny ThrailkillTeresa WmelandRobert E. Young

LIAISON MEMBERSTom Overbey

Judge David BurnettCarolyn B. Witherspoon

WilHam Wright

ntt Ark-UUl' uwyn (USPS 546-040) is publishedqI.WiCrly by IfJt AIbnY$ s.r A!lM:K:btion. Period..il::mpost. ~id at Utt'e Rod:. Arlcansas. POSTMASTER:ROO addreJ cha.ngu to 11It ArbllUis uwyn-, 400 WestMarldlam, Little Rock. Arlr:.tnsas 12201. Su.blcription priC'l!10 non-members of the Arkansas Bar Association $25.00 per~ar. Any opUUon~ herein is thai of the authol;._nd not ~rily that of the Arkansu Bat Association Of

11Ie Arbn.tlu ulluytr. ContributiOl15 to Tlrll ArbllSlIIunoyu~ wekome and shoukl be senl in two copies tomOOR,. Tht Ark....ws Lnuyu, 400 West Markham. LittleRock. Arkansas 7l201. All inquiries regarding advertisingshouklbeter'lltoEdihx, TMArb.u.u Uwytl; _I theabow~dl'tS5. Copyright 2002. ArkansM Bar AJlIOCi.arion. Allrights~

ContentsVOLUME 37, UMBER 2

Features

8Lawyers Battle Addictions, Depression and

Other Impairments with ArLAPby Lynn Foster

14Rethinking Your 401 (k)

and orner Personal Investment Strategiesby Allyson Lewis

20Live Longer and Still Feel Like a Warrior:

Why One Lawyer Chooses Mediationby Robert Trammell

24When Good Stress Turns Bad

by Mike Holloman

Contents Continued on Page 2

ContentsVOLUME 37, NUMBER 2

In This Issue3

Presidenr's Report,by Sandra Wilson Cherry

5Executive Directors' Report,

by Don Hollingsworth

18CLE Program Planners and Speakers for 2001

23YLS Section Report,

by Tim Culfen

29Sustaining Members of the Arkansas Bar Association

30CLE Calendar

32Judicial Advisory Opinions

34Lawyer Disciplinary Actions

42In Memoriam

48Classified AdvertisinglIndex to Advertisers

400 W. Markham Lint. Rock, Arkansas 72201

HOUSE OF DELEGATES

Delegate District I-SE: Ray Allen Goodwin Delegate District 2-5E: Mark R. Johnson, Katharine C. WilsonDelegate District ]-5E: Michael E. Mullally. Paul D. Waddell, Dennis Zopler Delegate District 4·5E: Bill E. Bracey. Jr.

Delegate District 5-5E: James Bradley Delegate District 6-5E: Chris Morledge Delegate District 7-SEt Donald E. K~

Delegate District 8-SE: Howard L. Martin Delegate District 9-SE: James P:H Flowers

Delegate District 10-SE: William Kirby Mouser, David Sims Delegate District II-SE: Paul W. Keith Delegate District 12-5E: James Hamilton

Delegate District 13-SE: Steve R. Crane, Brian H. Ratcliff, Robin Carroll Delegate District 14·SE: Frank A. PoEf, ChriStie Adams

Delegate District 15-SE: Barry D. Barber, Todd M. Turner Delegate District 16-SE: Ronald D. Kelsay, John T. Vines

Delegate District 17-SE: James Jackson

Delegate District I-NW: Edwin N. McClure, Glenn E. Kelley, Hardy W. Croxton, Jr., George R. Spence

Delegate District 2-NW: Ernest B. Cate, Boyce R. Davis, April M. Rye, Shannon L. Fant, Raymond L. Niblock, Steven S. Zega, Tim Snively, Man Durrett, Chris Reed

Delegate District )·NW: Niki Cung, Claude S. Hawkins, Jr., Wyman R. Wade, Jr., Eddie H. Walker, Jr., Shannon L. Blan, Timothy C. Sharum. Jason Martina

Delegate District 4-NW: Daniel B. Thrailkill Delegate District 5-NW: Gordon Webb

Delegate District 6-NW: John T. TaNm, David L. Eddy

Delegate District 7·NW: Danny M. Rasmussen, Rhonda Wood Delegate District 8·NW: Ted Sanders

Delegate District I·e: Brad Hendricks, Gwendolyn D. Hodge, Ron A. Hope. Philip E. Kaplan, Harry A. Light, Stark Ligon, Charles C. Owen,

Harold Evans, Charles L. Schlumbcrger, Don K. Barnes. Fli:z.aberh A. Thomas, Marshall S. Ney, Melva J. Harmon, John C. Wade, Jeff Broadwater.

Marcella J. Taylor, Reed R. Edwards, M. Stephen Bingham, John Wyvill, Causler Edwards, David Sterling, Patrick Harris,

Brenda Stallings, Mark Nlison, David Raupp, Rick Ramsey, Patrick D. Wilson

Law Student Representatives: Valerie Glover, Universiry ofArkansas School of Law; Jason Lee, UALR William H. Bowen School of Law

2 The Arkansas l.;Jwyer W'MV.ar1<1Jar.aJm

Prc<,idcnL's Rcporl

Vision in Action Brings ProgressSandra Wilson Cherry

It is with overwhelming gratitude mat I

begin this last column as President. I musttell eaeh of you of my heattfelr

appreciation for giving me me opportunity

to serve this ou£sranding organization. A

President's dreams and plans for mecontinuing success and growth of our

organization can only be accomplished byour experienced and supponive Staff and

the many member volunteers who take

rime from their busy lives and practices to

strengthen OUf organization and enrich our

profession. Thank you all for making this

wonderful pasr year possible fot me and for

providing the skill and wisdom to advance

the cause of our organization and our

profession.

The pase year for the Associationmirrors in many ways the path taken byOUf nation when on September Ii, and in

the weeks which followed, we shared in

the overwhelming grief felt by the entire

country. We realized then, as did our

fellow cirizens throughour rhe land , that

somehow we would never be quite the

same again. Yet, like our magnificent

nation, in the monchs since the tragedy, we

have cominued to build and move ahead.

It has been a year of looking forward, not

backward, of recognizing our suengths and

the heritage from which they come, and of

recognizing the challenges we face,

brought about by awesome change, and

finding advantages in these challenges.

Our ehallenges this year bring to mind

rhe Longfellow poem, A Psalm of Life,

which tells us our destined end or way is

neither enjoymenr or sorrow. Rather, it is

But to nct, thnt taeb tomorrow

Fiads ,ts firther thoa todoy

We have acted co foster professionalism

in order that the practice of law remain a

livelihood dedic."ed to high principle and

service. One important goal has been the

development of the Arkansas Professional

Practicum, a mandacory course for newly

admitted atcorneys with its goals of

enhancing the quality of legal services

provided ro the public. This goal will soon

be realized when we petition the Supreme

Court co initiate this program.

Additionally, our law schools. with the

suppOrt of our Task force on

Professionalism, will begin to incorporate

professionalism orientation in their

freshman offerings this fall. Through

effortS such as thex we seek to preserve the

traditions of law practice mOSt worthy of

our great profession in the face of

enormous and fasr paced change.

This does not mean, however, we seek

to avoid change for we are actually

embracing it in ways which wiIl enrich and

enhance the profession. To that end, we

will, in the near furure, offer free Internet

legal research to all our members. Our

]nternet presence will be even further

heightened by new offerings, and by

building up present member services on

our website like Arkansasfindalawyer.

We have acted to insure our members

can look forward co a newly refurbished

Bar Cenret, StiLi locared on the banks of the

Arkansas River where the first law firm in

Arkansas scood, and co offering a

revitalized place for our members to meet,

work and relax; - a professional home

whieh symbolizes, as ir has fot the last 29

years, the strength and continuity of our

organization. A capital fund drive will

begin soon to enable us to provide our

members throughout the state a greatly

improved facility, offering a wide range of

services designed to further the practice of

law and make available new technologies

ro our membership.

Our efforts continue to bring more

people of color not only into the

mainstream of our organization, but also

the practice of law in Arkansas. As we

strive to make our Association and the

Arkansas legal profession more diverse and

inclusive, we find we reap enormous

benefits from fresh and innovative

leadership.

It has been a great privilege to work

with you on these initiatives and many

others to strengthen our profession's

leadership role and IIlcrease the

effectiveness ofour Association.

Jack joins me in thanking you for a

wonderful year - for friendships enriched

and friendships made, for the honor of nor

only representing Arkansas in the nation's

legal community but also in being itS

hosts, - and for rhe memories.

Vol. 37 No. 2/Spring 2002 TI,e Arkansas La")'er 3

w

Executive Directors' Report

New Overdraft Notification RulebV Don Hollingsworth

email: dhollingsworth@arkbar.com

Beginning July I, 2002, Arkansas will joinmany orner states in requiring Ilocificarionby financial institutions of any overdraft indiem trust aCCQums maincained byattorneys. Attorneys are encouraged to readthe new rule wh.ich can be found in theDecember 20. 200 I per curiam opinion bythe Supreme Court of Arkansas. To accessthe opinion e1ectronicaJly, go cowww.arkbar.com and click on "New andNoteworthy. "

There will be an overdraft nocificacionagreemenr between the Supreme Court,through its Office of Professional Conduct,and financial insrirutions throughout thestare. Since the per curiam makes atcorneyconsem to the reporting and productionrequirements a condition of the privilege [Q

practice law 111 Arkansas. financialinstitucions will not have a separateagreement with the attorneys who haveclient trust accOlwtS with them.

An important element of the new rule ismat financial institutions will automaticallynotify the Office of Professional Conduct ofall overdrafts. Thus, the financialinstitution is not being asked to evaluatecircumstances of an overdraft. Instead, theOffice of Professional Conduct isresponsible for determining whether furtheraction is necessary. For example, if theoverdraft was caused by an accountingerror, verification ofsuch can be supplied to

the Office. The Office of ProfessionalConduct will contact the attorney or lawfirm to request an explanation of anoverdraft notification. If there is not alegitimate reason for the overdraft, theOffice may take other action, including anaudit of the client trust account.

If a financial institution in Arkansas doesnot agree to the overd.raft notification, noattorney or law firm trust accounr can bemaintained with said financial institution.The Office of Professional Conduct willpost on the Supreme Court's website acurrent list of approved financial

institutions.Attorneys need to take note of a new

record keeping requirement which theSupreme Court adopted in conjunctionwith the new rule. "Every lawyer engagedin the practjce of law... shall maintain andpreserve for a period of at least five years,after final dispositjon of the underlyingmatter. the records of the accounrs,including check books, canceled checks,check stubs ... or other statements ofdisbursements rendered to clients or otherparties with regard to trust funds or similarequivalent records clearly and expresslyreAecting the date, amount, source, andexplanation for all receipts, withdrawals,deliveries and disbursements of the funds orother property of a client." Section 28.G.,Procedures Regulating ProfessionalConduct of Attorneys.

Some financial institutions haveexperience with the overdraft notificationsince they operate in states which alreadyrequire the notification. The Office ofProfessional Conduct, through its ExecutiveDirector Stark Ligon, has been contactingArkansas financial institutions aboutimplementation of the notification

agreements.Ifyou have questions about the new rule,

you should contact Stark Ligon at 501-376­0313 or stark.ligon@mail.state.ar.us.

Some attorneys new to private practicemay have questions about establishing ormaintaining client trust accounts. SusiePointer, the Execucive Director of theArkansas IOLTA Foundation, is a resourceon these operational aspects of trustaccounts, you may contact her at 501-376­1801 or spoinrer@aristorle.net.

The Arkansas overdraft rule is based

generally on Rule 29 of the Model Rules forLawyer Disciplinary Enforcemenr (1996) ofthe American Bar Association. One of thereasons for enactment of the rule inArkansas and other states is the faCt thatoperations of client trust accounts is a

primary source of disciplinary problems.Even though the vast majority of Arkansasattorneys operate client truSt accountsproperly, there are instances of attorneysmisusing the accounts or not paying closeattention to the rules governing them.

Update on Website

Later this year your Association'swebsite at www.arkbar.com will beredesigned to better serve the needsof members and the general public.Among the new products on thewebsite for Association members willbe an online member directory and alegal career center. Also beingplanned is a new legal researchbenefit for members.

A new product already on thewebsite is the index to The ArkansasLawyer. Just click on "ArkansasLawyer" on the home page, and atthe bottom of this back page is SearchBack Issues, which is a service of theLaw library at the UALR BowenSchool of Law. The index covers allissues of The Arkansos Lowyer back toits beginnings in 1967, and it issearchable by author, title, subjectand words in titles. Also provided onthis page are selected portions ofrecent issues of The Arkonsas Lawyer.

vol. 37 No. 21Spring 2002 TIle Ark.nsa, L.wyer 5

The POWER of

Practice Handbooks

HatJ~ it Your Way! Cuslomiu }'our Library ofAssociationHandbooks to Suit Your Pmonal Styk

Select from among prim offerings including the ArkansasForm Book, Domescic Relations, DebcoclCredicoc, ProbateLaw. Handling Appeals or Real Estare litle Standards inAskansas.

ORChoose the Arkansas Form Book, DC'bror/Credicoc orProbate Law Handbooks in word processing format.

OROpt for the simplicity of a CD ROM containing anyone orany combination of the following: Askansas Fotm Book.Debtor/Creditor. Probate Law. Handling Appeals in AskansasOt Real Estate litle Standasds in Askansas.

Watch for details on the latest technology offering when anew Arkansas Bar Association member benefit will make thePractice Handbooks available on the Imerner through LexisPublishing.

To order call 501-375-4606 or 800-609-5668 or emaildgerald@arkbar.com. Or visit our website at

www.arkbarcom for further information.

arkansasfindalawyer.com

Didyou know?

Monthly Hits have t<ached 39.000 on askansasfindalawyer.com

and 200,000 on arkbar.com.

Hundreds of websites in Arkansas and around the United States

have links to arkansasfindalawyer.com and arkbar.com.

Every day your Association's office receives 25 or more calls from

persons wanting the name of an anorney to hire. The office refers

the caJIers to arkansasfindalawyer.com, the Association's on-line

attorney directory.

Association members who wish to participate should contact

Barbara Tarkington for more information: 501-375-4606; 800­

609-5668; btarkingron@arkbar.com.

r Membershiaur parkansasfindalawyer® Insurance Discounts

Publications FREELexis-Nexis

to Members

An on-line anorney direcroryCall Rebsamen Insurance · Th~ Arkamm Lawy~r Magazint!

for Association members only.Review the directory by going at 501-664-8791 · Tht NtWJbu/ktin On-line legal research

ro or 888-272-6656 forAnnual M(!mbtNhip Di"ClOry from Lexis-Nexis isAssociation discounts on: ·

www.arkansasfindalawyer.com • Professional Liability lind Organizational Guidi! discounted• Group Term Life Insurance · Ltgislar;v(! Summary from thi! for members.

• Provides Association members • Accidenc Hill

a con-effective, new source • Hospirallndemniry Visit www.lexis.com· Guidi! to Arkansas Statute ofof diems with an accur:He • Overhead Expense

Limitations or callup~to·date listing - in over 50 • Disability Income

800-356-6548.areas of pracrict. • Long-Term Care · The Arkansas lAw Review

• Free Link to firm's website. • Cri,ical Illness · The VALR Law Review

CLE Seminars Delivery Service Advisory Ethics Section Web Pages

at Reduced Cost Opinions The Sections of the ArkansasCall UPS at 800-325-7000 Bar Association now haveand identify yourself as a It's not always black and whi,e. their own web pages at

member of the Arkansas Bar In the practice of Jaw, there's a www,arkbar.com.The cornerstone of an Click on "Committees and

Association, or use account lot of gray, Your Association's Sections," and then click onattorney's professionalism is #CP29000 1685. Professional Ethics and the "Sec,ions(s)" ro whichup-to-date information and Grievance Committee can you belong.

skills. The Arkansas Bar help. Within specificRetirement PlanAssociation provides the most guidelines, the Committee wiU Mailing Labels

comprehensive statewide ABA Members Retirementissue an opinion on the

To purchase mailing labelsmember's proposed conduct.CLE program, and members Program. Call 800-826-8901 There is an administrative of members at a discount,pay reduced tuition! or visit the website at charge of$50.

contact Barbara Tarkington

www.abaretirement,com. at 501-375-4606 orbtarkington@arkbar.coffi.

Credit Card ProgramProfessional Booklets & Guides Conference RoomNetworking

The MBNA Platinum The Arkansas Bar Association · Consumer Law Handbook Association members canPlus MasterCard includes is the best opportunity • Senior Citizens/Caregivers utilize the conference room ata card with the Arkansas in Arkansas for attorney

Gllide the Arkansas Bar Center for

Bar Association logo, nointeraction through the

• Small Claims Bookletclient meetjngs, depositions

Association's public service and similar matters.annual fee, miles plus Arkansas Veterans

,projects, sections · Contact the Association

option, a low APR and and committees. The Handbook office at 501-375-4606 ortravel services. Annual Meeting of the 800-609-5668. The room has

Call Association each June is Call 501-375-4606 ro orderseating for 12 to 14 persons.

The Bar Center is located800-847-7378 mended by 1,000 Arkansas or download from across the streer from the

for an application.atcorneys and hundreds of

www.arkbar.com Pulaski County Courthouse.family members.

IIL\l.IIIY l.Ir I.S [) I.rsrOR IODM'S 1.,\\\ Y[R

Lawyers Battle Addictions,Depression and otherImpairments with ArLAP

It is estimated that one in five lawyers suffers from

alcohol or drug abuse and related disorders. Do you

have such a person for a colleague? Or are you

struggling with these problems yourself?

Some of us have special problems. We may drink so much in rhe evening that

we "black our" and the next day we can't remember whar happened. We may arriveat the office late every morning because depression makes the simple acr of gccring

our of bed a serious challenge. We may depend on Xanax to get us through the

day, and "up our dosage" on parricularly srressfuJ days. A few of us emer a

downward spiral exacerbated by chemicals or addictive behaviors or depression that

ends in the Joss of our marriages. or licenses, or lives.

Statistics show that approximately one in ten adult Americans suffers from cheserypes of problems. But for us lawyers. impairmem is twice this rate. It is estimatedthat one in five lawyers suffer from alcohol or drug abuse and related disorders. i Doyou have such a person for a colleague? Or are you struggling with these problemsyourself? Arkansas now offers a program to help lawyers recognize and identifytheir problems and find solutions within a confidential, supportive ne[Work.

As I write this, Ms. Gail Harber is opening an office at 2 Van Circle in LinleRock. She is the new direaor of the Arkansas 13wyer Assistance Program (ArLAP).This article will discuss the scope of the Arkansas program, how it works, andwhether you, or someone you know, can benefit from ArLAP.

BACKGROUNDIn the last few decades, our society's recognition of the COSts of substance abuse,

depression and similar impairments has grown, and more resources have been

devoted to assisting people with these problems. In 1988, the American BarAssociation created the Commission on 13wyer Assistance Programs (CoLAP).CoLAP's mission is to advance the legal community's knowledge of impairments

facing lawyers, and to support state and local bar association lawyer assistanceprograms. l All 50 states now have such programs.

Lawyer assistance programs offer lawyers in trouble a chance to change their

lives. Persons in the program receive treatment and continuing assistance overtime, working with trained professional care providers and attOrney volunteers whohave had similar problems. The mOSt common impairments arc alcohol and

8 TI,e Arkansas Lawyer WNoN df1<bar com

By Lynn Foster

About the Author

Lynn Foster is currently the Associate Dean for

External Affairs at the University of Arkansas at

Lirtle Rock William H. Bowen School of Law. A

member of the Arkansas Bar Association's Lawyer

Assistance Committee, she volunteered to write

this article our of gratitude to Alanon and

Alcoholics Anonymous for having changed her

and her family's lives.

subsrance abuse and depression. A

significanr percenrage of anorneys referthemselves. Colleagues, family members, or

disciplinary agencies refer omers.In Arkansas, the impetus for ArLAr

began with attorneys in the Pulaski CountyBar Associarion and rhe Arkansas BarAssociation. Both associations formedlawyer assistance comminees, which workedfor the esrablishment ofa starewide programunder the jurisdicrion of the SupremeCoun. The Supreme Courr laid down theframework of the program in a per curiamorder issued December 7,2000.2 In Marchof 2001 the Arkansas Supreme Courtcreared the Arkansas Lawyers AssisranceProgram Commicree, which was charged

wim esrablishing policies and procedures forthe program.3 In a per curiam order issuedSeptember 20, 2001, the Supreme Courtpublished the procedure manual of ArLAr.4

There are many more people who deserverecognirion for the esrablishmenr of ArLAPthan can be named in this article, but someof the "prime movers" behind ArLAPinclude Jim Smirh, the current chair of the

Arkansas Bar Association commicree, JudgeWayne Gruber, ex-Presidenr of the PulaskiCounty Bar Association, Ron Harrison,President of the Arkansas Bar Associationduring 2000-2001, Janet James Robb,currenr chair of the Supreme Councomminee, and past and presenr membersof the Supreme Court and Arkansas BarAssociation committees.

SCOPE OF ARLAPArlAP is intended to help lawyers and

judges who suffer from physical or mentaldisabilities that result from: disease,substance abuse, disorder, trauma, or age,and that impair their ability ro pracrice or

serve.S This article will refer ro all of thesequalifying conditions as "impairmenrs."Some behaviors and disorders rhar couldqualify as impairments include depression,anxiety disorder, bi-polar disorder, gamblingaddiction, sex addiction, and Alzheimer's

Syndrome. Harber describes ArLAr as a"broad brush program," emphasizing tharits scope: is inclusive. ArLAP will use a wide

array of services as well, ranging from advicero anorney mentors to professional referralsro structured intervenrions ro early

idenrificarion training. Rehabilitationsupport is also available. Harber emphasizesthe flexibiliry of the various trearmenrs and

possibilities available.

PRINCIPLES AND GOALS OFARLAP

Today we know that alcohol abuse,subsrance abuse, and depression aretreatable condicions. Oftentimes, similarimpairments like those broughr on by age ortrauma are as treatable as well. Impairedlawyers are obligared to seek help andcooperate in treatment in order to regaintheir full effectiveness. Every lawyer andjudge bears a responsibility to be aware ofthe signs and symptoms of alcohol orsubscance abuse, and other impairments,and ro assisr colleagues in getting treatmem.ArLAP's goals are ro assist lawyers andjudges in overcoming rheir impairments, inrebuilding their families. and in returning to

legal practice or the bench. In addition,ArLAP also exiscs to educate the legalcommunity about these impajnnents, andabout imervention, rreatmem and suPPOrtprograms.6

ASSISTANCEHow will ArLAr help' People can come

to ArLAP by several different routes.Lawyers who suspect or know that they needhelp can comact ArlAP direcrly. Irs officein Little Rock is purposefully located farfrom bar associations and courts. Lawyerscan ralk ro a staff member who will listen tomar lawyer's particular situation. explorepossibilities, and help craft a plan of action.This may involve meeting with an attorneymemor who has had the same types ofproblems, or gerting help from a docror orother professional. ArLAP will makereferrals and assist the attOrney in findingthe appropriate agency.

Spouses, family members, colleagues, oranyone who has first-hand informationindic3ring that a la\.vyer is impaired canconracr ArLAP as well. While manyimpairments are diseases, they are unlikephysical diseases in rhis respect: manyimpaired individuals are deep in denial, and

will go co great lengths to avoid admitting tothemselves, let alone anyone else, thar theyhave a problem. The diseases affect thought

processes; there is no such thing as analcoholic who is reasonable about his or heralcoholism. In some cases, ArLAP willrecommend a "srructured inrervemion,"

where family, friends and colleagues sitdown wirh an individual in a professionally

lcd, supportive, nonjudgmenral envl­ronmem and try to morivare rhe individualto seek help.

Finally, ArLAr will accept referrals from

the Arkansas Professional ConducrCommittee, the Arkansas Judicial Disciplineand Disability Commission, or any agencywith similar disciplinary authority. TheCommittee will nOt accept anonymousreferrals.

Once 3 referral is received, theCommittee will invesrigare ro determine

whether impairmenr exisrs. If impairmentis confirmed, the Director will arrange for a

meeting with the attorney or judge. Theindividual can sign a contract to participatein a treatmem plan of action, in which casehis or her identiry will remain anonymous.Or rhe individual can refuse, in which caseit is possible that the arrorney or judge maybe reported to the appropriate disciplinarycomlTiinee.

The comracr can require emering imo anassessment, treatment cenrer, treatment

program, or hospiral; absrenrion from usingalcohol or chemicals or destructivebehaviors; compliance with all 3sseSSmenrand treatment program recommendationsand rhose of me Direcmrj and paymenr ofall expenses. The care provider would mencarry out trcarmenr or assessment. TheCommittee will monitor providers andprograms to make sure they conform roaccepted standards of carc.

Once treatmenr is completed, therecovery process begins. The recovering

lawyer or judge will be asked ro sign arecovery contracr, which setS forth rermsthat the individual will follow for at leastthree years. Recovery plans can includecontacting the Direcror upon release fromrreatlllenr; random drug screening;

documentation of participation in twelve­step meetings, such as AlcoholicsAnonymous or arcotics Anonymous; andquarterly meetings with the DirectOr.

In addition, ArLAP provides inrervention

counseling for family, friends and colleaguesin cases where a structured. formalintervention is conducred. Volunreerattorney mentors will assist in inrerventions,

serve as liaisons berween ArLAP and COUfrsand bar asSOCiations, and providecompliance Illoniroring. Harber trained thefirsr group of menrors in March. If you areinterested in volunteering, contaCt her.

Vol. 37 No. 21Spring 2002 n,e Arkansas LAwyer 9

These typical signs and symptoms may indicate that you have a problem:

Do you drink or use drugs [0 improveyour job performance or deal with

difficult people or situations?Do you miss appointments, depositions

or coun appearances?

Do you fail to return phone caBs?

Do you drink or use drugs when you are

alone?Do you miss deadlines or neglect work;

and is the overall quality of your work

1·800·275·8903www.amfs.commedlca/experts@amfs.com

declining?Do you have increased discord in yourmarriage or family?Do you make excuses or lie about rhe

frequency or quantity of drinking or

using drugs?Has your life become unmanageable

because you cannOt comrol yourdrinking or drug use?

AMFS·__-.1__......

These typical signs and symptomsmay indicate that you are an"enabler"-someone whose

behavior is actually hindering asick person from seeking help:

Do you protect a lawyer from the

consequences of his or her ownbehavior by making excuses?

• Do you join in the lawyer's denial and

refuse ro acknowledge any problems?

• Do you assume that simply usingwillpower or reason or acquiring more

moral integrity can solve the problem?

CONFIDENTIALITYConfidentiality is essential to the success

of ArLAl~ It is particularly importam in a

small state with a small bench and bar.

Harber plans (Q follow the strictest

confidentiality, not even revealing the names

of ArLAP participanrs to the Comminee,

but identifYing each with a number. The

Model Rules of Professional Conduct and

the Canons of Judicial Conduct have been

amended to keep information received by

ArLAP and irs volunteers completelyconfidential, except for cases where the

attorney receiving treatment is continuingto break the law or is breaching the terms of

the treatment contract.

EDUCATIONWhat do you know about alcoholism,

subsrance abuse and depression? Some

common fictions are:

He's not an alcoholic-he doesn't drinkevery day.

She's got such a wonderful career and

family-alcoholics are homeless and

unemployed.He can't be addicted because he only

takes prescription drugs.

She can get over her depression if she just

exerts a little will power.

Usually, alcoholics and addicts can quit

by themselves, withour treatment'?

"[A]ddiction treatment specialists

typically use the words "addict" and

"alcoholic" inrerchangeably because a

person who is addicted to one substance is

susceptible to addiction to all other

psychoactive drugs."8 Thus, a cOlllmon

pattern for a person who is nOt in treatment

is to quit one drug bur take up another.

It is possible for addicts and alcoholics to

abstain, hut "they cannot sustain their

abstinence without others' help."9 Therein

lies the importance of the community and

conract of a detoxification facility, or twelve­

step groups, or a menror. Twelve-step

groups date baek to the I930s, when a small

group of people experimenred with a varietyof techniques and formulated the "Twelve

Steps," a series of beliefs and actions

forming the foundation of AJcoholics

Anonymous, AJanon, and similar

organizations. IO

Alcoholics and addicts like to believe that

they are social drinkers and users, but this is

not true. Without treatment, their

prognosis is bleak. The good news is mat

help is available rhrough ArLAP.

Contact InformationArkansas Lawyer Assistance Program(ArLAP)Ms. Gail Harbn; Director2 l-1zn Circle, Suite 7Littk Rock, AR 72207501-907-2529· bttp://www.arlnp.org

ArLAP Committee MembersJaner James Robb, Lirtle Rock, ChairDr. Phil Barling, Fort SmirhJudge Kathleen BeU, West HelenaGary R. Burbank, EI DoradoGail Harber, Lirtle Rock

Judge David Laser, JonesboroDr. Joseph ManindaJe, Benron

James E. Smith, Jr., Lirtle RockChristopher Thomas, Lirtle Rock

CLIENT SUPPORT SERVICES

Moore Stephens Frost, an affiliate of MSF Financial Group, is the largest

Arkansas-based accountingnrm. The diversity ofour clients and the

resources we possess mean that we can dedicate a team ofprofessionals

on any project in a timely and results-assured manner. Ln filct, our

strategic services go fur beyond what traditional accounting nrmsofJer.

Ourgoal is to support you as you,' turn, support your clients_

In the areas of Business Valuations and Ltigation Support, we offer a

number of fOcused services designed to meet specific objectives.

BUSINESS VALUATIONS

arital Dissolutions· Estate and Gift Ma rs

haritable Contributions' Spin-offS and Reorga ization

Business Dissolutions· Buy·SeIi Agreements

Sales or Mer ers· Bankruptcy and R organization

Employee Stock Ownership Plans

EXPERT TESTIMQNY, CONSULTING

AND LITIGATION SUPPORT

Economic Loss Analysis' Damages Computations

Marital Dissolutions· Due Diligence

Forensic Accounting Services . Income Tax Analysis

Call Cheryl Shuffield, director ofClient Support Services, at

(501) 97s-0I00fur more infurmation.1. George Edward Bailly, Impairment, theProfession, and Your Law Partner, Me. B.].,Apr. 2000, at 96.

2. CoLAP has an excellenr home page on theInternet, ar: www.abanet.orglle.galservices/colap/home.

a_ -.

~ ~•

MSFFINANCIALGROUP

MORE ll-lAN AN ACCOUI'ffiNG FIRM

Certlfln:1 Public i\(\..ountants· A Prof~'''~lnn.1lllmltt'd Cnm};.lO\-.125 \rVt"..t C:lpltnl SUlt~ 3300 Ilttlt- i{nt~. Arkan:-.a.. 72_0J

('01) 376-9241 (SOO) 76(,-9241 I. ax (50 I. ) 37(, (,256- m..mn3nllal~rotlp\..om

3. In Re: Esrablishment of the ArkansasLawyer Assistance Program; Adoption ofRule 8.3(d) and (e) of the Model Rules ofProfessional Conduct and Canon 3d(4) and(5) of the Arkansas Code ofJudicialConduct, 343 Ark. 780 (2000).

4. In Re: Arkansas Lawyers AssistanceProgram, 344 Ark. 759 (2001).

5. In Re: Establishment of the ArkansasLawyer Assistance Program, 346 Ark. _(Sept. 20, 2001) (hereinafter Procedures).

6. ld.

7.ld.

8_ Facts & Fictions, Tex. B.J., Feb. 2001, at157.

9. Roben Coombs, Addiction's DefiningNature, Tex. B.J., Feb. 2001, at 166,166.

10. Id at 168.

11. Information about AlcoholicsAnonymous is available on their website at

W\vw.a1coholics-anonymous.org. There aremore ,han 97,000 A.A. groups worldwide_AI-allan's website is at www.aJ-anon­aJateen.org.

Vol. 37 No. 21Spring 2002 The Arkansas Lawyer II

ArkansasBar

Association

ABA MEMBERS

RETIREMENTPROGRAM

fInancialengineS'

We've taken a good thing, and made itbetter with online investment advice. The onlyretirement program created specifically for lawfirms offers personalized online investmentplanning from Financial Engines. Programparticipants benefit from detailed allocationand diversification recommendations inaddition to assistance with the creation ofindividual strategies geared towards specificretirement goals.

This further enhances the Program'sinvestment lineup of eight core funds, threestructured portfolio services, and an integratedbrokerage option. With over $3,5 billion undermanagement we provide flexible plan serviceswith comprehensive management tools thatminimize youradministrative time.

Your firm is eligibleto participate if you or one of your partners orshareholders is a member of the Arkansas BarAssociation or American Bar Association.And because the Program has no minimuminvestment requirements it's just as easy forsmall firms to get started as large.

That's flexible investments and full service,delivered to your firm regardless of its size.And it's nO'N enhanced with online investmentadvice. The ABA Members Retirement Programdoes more than ever to help your participantsmake the green.

Investment advicefrom Financial Enginesis now available to ABAMembers RetirementProgram participants.

For a copy of the prospectus With more complete InfOfm&lIOn. mcludmg charges and expenses aSSOCIated With lhe Program, or to speak With a PlanConsuhanl call 1-800-826-8901. VIsit www.abaretiremenLcomorwntetoABAMembersRetlrementProgram·P.O.BoIl2236·Boston.MA • 02107-9950abaretJrement@citiSlreetonline.com. Financial Engines' is a registered trademark of FinanCial Engines. Inc. All advisory services ore provided by FinancialEngines Advisors. LLC.. a federally-registered investment advisor. Be sure to read the prospectus carefully before you Invest or send money. The ProgramIS available through the Arkansas Bar Association as 8 members benefiL However. thIS does flOt constitute, and is III flO way a recommendation With respectto any sectlnty that is available through the Program.

.... ""'""-

Get 011 the Web - alld Get Back to Blisiliess.

*With lawyer HomePages from Martindale-Hubbell" you can stay focused on your true calling-practicing law, not developing Web sites. Lawyer HomePages let you expand your Martindale·Hubbelllisting into a fully-functional Web site in less time, for a lot less than you think.

Your Lawyer HomePage will benefit from Significantly more traffic than a stand-alone site. Linksfrom lawyers.com and our strategic alliances with AOL, Nerscape, Ask Jeeves, DivorceNet andmany other online destinations generate 70 million unique visitors a month I Visitlawyers.comlfaqor call 1·800·526·4902, ext. 5095 today.

•Only law firms Wlth a biographlcalltsting in the current edilion of Ihe Manindale-Hubbell !..1W Directoryare eligible for l1l.w)'er HomePages.

LexisNexis is a trademark and Martindale-Hubbell is a registered trademark 01 Reed Elsevier Properties Inc.,used under license. «> 2002 Martindale-Hubbell, a division of Reed Elsevier Inc. All rights reserved.

lexisNexis·.. Martindale-Hubbell'

IHj\UIIY LIlT:,1H,ESI-...'R IOD;\'y'S L;\WYrR

Rethinking your 401 (K)and Other Personal Investment Strategies

About the Author

By Allyson Lewis

,---.....,,-,----, AJlyson Lewis is a Senior VicePresidem, Financial Advisorfor Morgan Stanley in theJonesboro. Arkansas office.

She is also a CercifiedFinancial PlannerTM. Youcan reach Allyson 3r 870­972-0002 orallyson.lewis@morgansrnnley.com

If the 90's made us all think we were investment

geniuses and that planning for retirement was as

simple as putting your money in the stock market

and leaving it alone, the last two years have made

many investors rethink that investment strategy.

From January I, 1991 through December 31, 2001, the S&P 500 generated anaverage annual return of 12.93% and the NASDAQ posted 12.77%. Conversely,if you look at the three year period from January I, 1999 through December 31,200 I, the S&P 500 generated an average annual return of -1.03% and theNASDAQ posted a dismal -3.83%.

Many investors are asking, "Why is my 401 (k) wonh ilie same amounc it was atthe end of 1998' What happened to the last thtee years?"

Let'S first look at the math. Just [Q make life easy assume you had accumulated$ I00,000 in your 40 I (k) by the end of 1998 and that you were inveSting in theS & P 500 Index.1998 year-end value $100,0001999 +21.04%year-end value $I21 ,0402000 -9.10% year-end value $109,998200 I -I 1.88% yeat-end value $ 96,930

Investing in the S&P 500 was kind of a best-case scenario for long-term stockinvestors. However, many of you reading this article may have had a healthyportion of your 401(k) held in growth mutual funds that more closely mirrored theNASDAQ Composite Index. For comparison, using the same information as meabove illustration, the following shows how a $100,000 invesnnem in theNASDAQ Composite would have performed over the last three years:1998 year-end value $100,0001999 +85.59%year-end value $185,5902000 -39.29% year-end value $112,6722001 -21.05% year-end value $ 88,955

The last three years have taught us many things:Risk exists.

The pain of losing money has taken many invescors by surprise. From thebeginning of tbe bull market in 1982, most people thought they could invest in the

14 TI,e Arkansas lawyer VMW.arkbar.com

stock market and juSt wait for the money tocome pouring in. From January 31, 1979 to

January 31, 1998, rhe S&P 500compounded at an average annual rate ofreturn of over 17% per year! With theexceprion of rhe 22% decline on BlackMonday in 1987, the corrections were fairlylimited and considerably short in theirduration. Investors used the dowmurns toadd to their positions and they wererewarded time and time again. For the mostpart, the last 20 years caused investors tolose sight of the underlying risk of investing.The importance of diversification.

Diversification emphasizes theimportance of utilizing proper assetallocation strategies. Asset allocation is afancy term describing how investors chooseto allocate their financial assets between thebasic asset classes of Cash. Bonds, andStocks. The key question you may wam toask yourself now is: "Is my 401 (k) properlyallocated imo the correct blend of cashinvestments. bond investmems and srockInvestments?" And further. "Within thesrock category, am 1 investing in the

appropriare rypes of growrh assers for myage and risk tolerance?"

Begin with quality.Qualiry invesrments should build rhe

foundation of all investment strategies. This

is true whether you are talking aboutbuilding your personal portfolio or your401(k) plan.Compound Interest - time is onyour side.

The best time to start investing is with

your very first paycheck. If you can begin tosave 100/0 of yoar pre-tax income from thebeginning of your career. you should be ableto accumulate a large enough nest egg to

help plan for your financial furure. Thisagain takes us back to one of the mostsignificanr benefirs of your 401 (k) plan­the faCt that once you have signed up. yourmoney is automatically withdrawn from

your paycheck and placed into aninvestmenr account that is designed to belefr alone until you are ar least 59.The final responsibility is yours.

The last three years have caused manylong-term investors to rethink theirinvestmenr strategies. In the future, it mayno longer be as simple as putting yourretirement dollars into a retirement planwithout thoroughly understanding all of

your available II1vestmem options.EDUCATION will playa much larger role

in many people's investment strategy.Raising the bar on your own personalunderstanding of your investment options

could dramatically impact the futureperformance of your retirement plans.The question then becomes what do I donow?

STEP 1Reassess your personal risktolerance level.

Defining your personal risk rolerancelevel will allow you to build a portfolio rhatis the most suited to help you reach yourfuture financial goals while allowing you to

invest within your comfort wne. This shortquestionnaire may offer some insight intoyour personal feelings toward risk. It willalso rank some of the common facmrs thatdetermine your ability to take on risk. Thesefactors include age, income. current savingsand general investment knowledge.1. What is your age?

1. 65 and over3. 36-645. 35 and under

2. What is your investment time horiwn forthis money?

1. 1 year2. 2-5 yeatS3. 5-IOyears4. 10-20 years5. 20 years or longer

3. What is your primary objective for this

money?I. Safery of Principal2. Current Income3. Growth and Income4. Conservative Growth

5. Aggressive Growth4. Regarding your income. do you expect itto:

1. Decrease dramatically in the furure2. Decrease a slight amounr in the

future

3. Stay about rhe same4. Increase with the pace of inflation

5. Increase dramatically5. What amount of money do you have set

aside for emergencies?I. None3. Enough to cover three months of

expenses5. Enough to cover six or more months

of expenses

6. Which statement best describes yourpersonal investment experience?

1. I have never been responsible for

investing any money.2. I am relatively new investor.3. I have invested some of my money

through IRAs and through employersponsored retirement plans (401 (k))for quite some time. bur now I am

ready to develop additionalinvestment strategies.

4. I have invested for quire some timeand am fairly confident in my abilityto make prudent lIlvestmenrdecisions.

5. I have invested money for years andhave a definite knowledge of how thevarious stock and bond markets work.

7. Regarding your view of risk. whichinvestment would you be more comfortablemaking?

1. I am comfortable investing in savingsaccowlts and CDs that are FDICInsured.

2. I invest in savings accounrs and CDs,but I also own various income­producing bonds and/or bondmutual funds.

3. I have invested in a broad array ofstocks and bonds and mutual funds.but only the highest qualiry.

4. I have invested primarily in growthstocks and growth stock mutualfunds.

5. I like to pick out new and emerginggrowth companies and aggressive

growrh stock mutual funds.8. To understand your risk tolerance levelmore clearly, which investment would yoube more likely to invest in:

This investmem has a 20-year averageannual rerum of 6%. It has achieved thosereturns with infrequent and very slightdownrurns. This investment has neverexperienced a negative return.

Thjs investmem has a 20-year average

annual return of 9%. It has achieved thosereturns with a few moderate downturnswhere the decline lasted less than six monthsand then began to recover. It has

experienced more than one-year of negativererurns.

This investment has a 20-year averageannual return of 14%. It has achieved thosereturns while cycling through several periods

of above average returns and several periodsof substantially negative returns.

Vol. 37 No. 2/Spring 2002 TI,e Ark.ns.s l.wyer 15

40383634I

Ultra Aggressive

Fairly Aggressive

3230282624

Moderate

2220

Bonds no often pay an even higher rate of rerurn man

__

an imermediare bond, but because of their

length. iliey have the most price volatiliry.Stocks

Stocb snlo Stocks have hisfOricaJly been the favoredUltra-aggressive asset class for long-term investors who have

the time and the appropriate risk colerancelevel ro ride our the volatiliry inherem in the

Stock marker. Bur, as the marker place has

become more and more sophisticated, an

ever-longer list of choices may have been

added ro yout 40 I(k) plan. Hete ate some

of the more common growth invesrmem

options.

Standard and Poor's 500 J/ock inda

It is one of the most widely followed

scock benchmarks. This index dates back CO

1923 and currently includes 500 stocks

from 83 indusrries. Ir is often thoughr of asrhe "if you can't be3r 'em, join 'em"

invesrmenr straregy.

Larg< Cap Growtb Stocks

Also known as large caps. Some

investmem analysts consider a company

with a market capitalization of over $2

billion to be a large cap stock. These

companies are often well known srocks and

arc referred ro as blue chip stocks. Thesesrocks are growth oriented and are often in

the faStest-growing industries. Industriesmight include rechnology, health care,

telecommunications and some financials.

Larg< Cap Vatu< Stocks

Are known as large caps as well, but they

are very different from the growth Stocks we

just described. These companies are very

large and well known bur they tend ro come

from the older, "boring" industries like,

transportation, energy, uriliries and

consumer cydicals.

It is importanr to understand the vasr

difference berween growth stocks and value

Stocks. They can both playa role in helping

you reach your future financial goals, butthey often rOt3te in and out of favor. For

example, when growth srocks are in vogue,

vaJue stocks may underperform and then

growth may move inro a period of

1816

IFairly Conservative

141210

Step 2Understanding your basicinvestment optionsCasb

5. Ultra AggressiveCash 0%Bonds 7%

Srocks 93%

Ultra Conservative

For this article, we will define a cash

investmem as anything that carries a

maturity date of less than 12 mOlHhs.

Therefore the most common cash

investments would include:

Checking accounts

Savings accounts

Money market aCCOlllHS

And shorr-rcrm CDs

The advanrage of Cash invcsrmems IS

their safety and their liquidity. Thedisadvantage is theif low return.

Bo/uisBonds are also known as fixed income

invesrmenrs. Bonds give you the

opportunity to pur a specific amount of

money inca an investment, receive a specific

and usually dependable return, and then getyour original invesrmenr back on a specificfucure date.

There are several bond strategies available

;Jfot a 40 I(k) investor:...... ",.

Bonda3lt'llo Short-term strategy - shon-cerm bonds

will mature in less than five years. They

catry the lowest yields and the smallest

c.h5~oderate amount of principal Aucru3rion. Risk averse

invcstOrs may want co buy high qualiryshon-term bonds.

c.nK Intermediate strategy - imermediare

.-

bonds offer maturities from five to ten yearsBonds 21% •

10 lengrh. These bonds should give you a

somewhat higher yield that a similar shorr­~78" [eTm hond, bur because of their extended

Fairly Aggressive maturiry dates, they have more volatile price

fluctuations.

Long.term strategy - long-term bondsvary in length from 10 ro 30 years. They

";.I""Stocb 37%

..... ,,,.Fairly Conservative

"~OC" •Bonds 57,.

CUll 18"­

Ultraconservative

5%38%

57%

1. Ultra ConservativeCash 18%Bonds 67%

Stocks 15%

4. Fairly AggressiveCash 3%

Bonds 21 %Equiry 76%

3. ModerateCashBonds

Stocks

2. Fairly ConservativeCash: 12%Bonds: 51 %Stocks: 37%

What's Your Score?To score the risk colerance (est simply

add up me points. You will receive onepoint for each number that you circled.

For example. if you circled 3 1, you

receive one point. Ifyou circled a 4, you 8

receive four points. Please count the

number of poincs you circled and place

a nar on me risk coleranee scale at right.These questions and this scoring scale is

meant [Q be used only as a guide your actual

investment plan may vary based onadditional information that was not asked in[his questionnaire. But, after you have

scored your risk tolerance level, the next stepwill be (0 ereare a porrfolio of investments

that matches your asset allocarion to yourrisk rolerallce level.

The following is a list of some sample

asset allocations based on five basic risk

rolerance levels:

16 The Arkansas L"''Yer 'MWI.8I1<bar com

EXAMINATION CONSULTANTS

Handwriting Experts

1765 John Bryant Dr. - Conway, AR 72034 (501)450-6361

Retired from the Arkansas State Crime Laboratory

and one that is more related to answering

some very basic qucstions and then

designing a WRITTEN FINANCIAL

PLAN co cake you there.

The bottom line is that you need ro fully

understand your own risk tolerance level

and then design a long-term asset alJocation

strategy chat will allow you to think long­

term. Understanding your personalinvestment options could be one of the keys

to your success.

Portions of this article were excerpted with

penllission from the author. Tbe MilliollDollar Car aud $250.000 PiZZll(Dearborn. 2000).

Howard (Bear) ChandlerLinda 1. Taylor

differenr strategies for achieving adequate

returns while attempting to reduce risk by

having some exposure to less risky assets like

cash and bonds.

International Funds

The world is a very large place with

investment opportunities at every corner. If

you limit yourself to stocks in the United

States, you are missing out on over 50

percent of investment opportunities.

International investing can also serve as a

hedge against difficult periods in the US

srock markets.Risk of the various indexes as measured bystandard deviation.

The higher the dcviation, the higher the

risk. It's time to quit hoping for a quick

recovery in the stock market, which mayor

may not happen in time to help rebuild your

retirement plan. and it is time to develop aninvestment strategy. You need "A

PROCESS" for achieving your goals and

dreams that is less reliant on the probability

of an unknown rc[Urn in a specific market,

underperformance while the old-time value

stocks reclaim the limelight. Unfortunately,

many investors will get caught in the trap of

trying to chase the hor investment of the

moment and they will see that growth stocks

have been outperforming for the last two

years. so they will sell off all of cheir value

stocks and move that money into the

growth sector only to find that now growth

is beginning to fizzle OUt and value is

coming back into favor. Economists and

analysts will fight until the end of time

trying to tell you exactly what you should be

buying. A better strategy may be to buy

some of both growth and value stocks andlet the cycles rotate over time.

Mid Cap Growth and Value Stocks

Mid cap stocks refer to companies with a

market capitalization from $500 million to

$2 billion. These companies are usually not

as well known but may offer a more

aggressive growth porential. Please be aware

that mid cap growth stocks and mid cap

value stocks also act in very differentmanners and will perform differently under

certain economic conditions.

Small Cap Growth and Value StocksSmaJl cap stocks refer to companies with

a market capitalization of less than $500

million. They are even less likely to be

known by the average invesmr, but hismry

has shown that this asset class has generated

the largest returns since 1926, albeit with a

higher degree of risk.

Balanced Funds

A balanced investment seeks to invest in

all three major asset categories - cash,

bonds, and stocks. Different managers use

Vol. 37 No. 2/Spring 2002 n,e Arkansas La")'cr 17

Thank You to the CLE Program Planners and Speakers for 200 I

Christie Gunter Adams

Katherine Adams

Stanley E. Adelman

Sheila Alexander

Philip S. Anderson

Judge Ga')' M. Arnold

Judge Richard S. Arnold

Jess L. Askew III

Joyce B. Babin

James A. Badami

James C. Baker

W Christopher Barrier

Mark Bennen III

Garland W. Binns, Jr.

Sam N. Bird

Judge David B. Bogard

Will Bond

Raymond E. Bornhofr

Lawrence J. Brady

Judge Ellen B. Bramley

Judge Wiley A. Bramon

David R. Bridgforth

Howard W. Brill

Jennifer S. Brown

Justice Robert L Brown

J. Carl Bush

William Jackson Bun II

Thomas M. Carpenter

Robin J. Carroll

Beth Carson

Richard M. Carson

Judge Jerry W. Cavaneau

Sandra Wilson Cherry

Cathy Clark

Constance G. Clark

W. Brooks Clower

Cathleen V. Compron

Pat Jackson Compton

Christina Comstock

Barry E. Coplin

Natc Coulter

James E. Crouch

Gregory L. Crow

Makolm Culpepper

judge Don E. Curdie

Thomas A. Daily

John A. (Zan) Dayis IV

John Gary Davis

Oscar E. Davis, j r.

Betty j. Demory

Rebecca J. Denison

John M.A. DiPippa

Kenneth P. Dougherty

Thomas K. Dougherty

James F. Dowden

Richard C. Downing

Winslow Drummond

Paul F. Dumas

Vernon Dunon

Davis Duty

William A. Eckert III

Jeffrey Ellis

Michael G. Epley

judge Audrey R. Evans

janee Flaccus

jim Pat Flowers

Judge Har')' A. Foln

Lyle D. Foster

James M. Ga')'

AJlan Gates

Katherine C. Gay

Melinda R. Gilbert

Greg R. Giles

John P. Gill

james D. Gingerich

Judge Robert Gladwin

Judge Don E. Glover

Judge James H. Gunter,jr.

Russell A. Gumer

Harold W Hamlin

Judge james R. Hannah

Regina Haralson

Ron D. Harrison

Richard F. Hatfield

judge Jimm L. Hendren

Brad L. Hendricks

Judy S. Hen')'

Mark Murphey Henry

Daniel L. Herrington

Randy L. Hill

Amhony A. Hilliard

Mark W. Hodge

Denise R. Hoggard

AJice L. Holcomb

Leon Holmes

Robert Hudgins

Eugene Hum

Justice Annabelle C. Imber

james Ralph jackson

jim jackson

jill R. jacoway

judge Leon N. jamison

David C. Jones

judge Edward P. jones

Judge Henry L. jones, Jr.

Stephen W Jones

1: Craig Jones

Donald judges

Philip E. Kaplan

judge Edwin A. Keaton

Kevin P. Keech

Trent c. Keisling

judge Tom J. Keith

Christopher Kelley

Valerie L. Kelly

Lee Kuykendall

Lynda Barr Langford

Stark Ligon

Mark Lindsay

Catherine Magruder

Judge David J. Manley

Thomas A. Mars

D. Price Marshall, Jr.

William A. Martin

Judge Michael H. Mashburn

Judge Robin L. Mays

Sidney H. McCollum

Bobby McDaniel

Lucinda McDaniel

Judge Mary S. McGowan

Kelly Murphy McQueen

Colli C. McKiever

judge Karen H. McKinney

Phyllis M. McKenzie

Jack A. McNulty

Betsy Meacham

Lance R. MiUer

Marie-Bernarde Miller

Stuart I~ Miller

Chalk S. Mitchell, Sr.

Judge james G. Mixon

Sandra B. Moll

Judge James M. Moody

Harry Truman Moore

James Lee Moore III

Charles A. Morgan

David E. Morris

James c. Moser, j r.

Rosalind M. Mouser

Michael W Mullane

Morrell E. Mullins

Stephen B. Niswanger

Lindlee B. Norvell

Alan j. ussbaum

Michael C. O'Malley

Charles C. Owen

Glenn Pasvogel

G. AJan Perkins

John V. Phelps

Kathryn E. Platt

Susie Pointer

James M. Prarr, Jr.

Troy A. Price

Judge Willard Procror, j r.

Steven W. Quattlebaum

Michael R. Rainwater

Phillip A. Raley

Warren Readnour

judge Stephen M. Reasoner

Olan W. Reeves. Jr.

Richard Roderick

Judge Floyd G. Rogers

Roger Rowe

John L. Rush

Charles L. Schlumberger

john R. SCOtt

Judge Bobby E. Shepherd

Charles W. Shipley

Judge Barry A Sims

Judge Hamilton H. Singleton

james E. Smith

Scott E. Smith

Judge James Sparks

Brenda N. Stallings

james W. Stanley

Leslie W Steen

jean D. Stockburger

Tim Tarvin

Richard D. Taylor

Sammye E. Taylor

Mary Ellen Ternes

AJbert j. Thomas III

Justice Ray Thornton

Wayne Timmons

Charles W Tucker

Cynthia L. Uhrynowya

David B. Vandergriff

William A. Waddell, Jr.

John C. Wade

Danyelle j. Walker

Bill H. Walmsley

Judge joyce Williams Warren

John J. Watkins

Steve \'qeaver

Coleman Westbrook. Jr.

Edward L. White

Robert W. White

Judge Phil1ip T Whiteaker

J. Camille Williams

Judge Ralph E. W;lson, Jr.

Carolyn B. Witherspoon

Tom D. Womack

Carol L. Worley

M. Keith Wren

Judge Susan Webber Wright

William G. Wright

Terry F. Wynne

Judge Charles Yeargan

Judge H. David Young

R. SCOtt Zuerker

18 n,e Arkansas Lawyer WMNarkbarcom

NOTIFICATION OF PHILLIPS UNNERSITY'S CONTINUED EXISTENCE(October 2001)

Phillips University, Inc. is pleased to announce that it successfully concluded its Chapter 11bankruptcy proceeding and fully paid all allowed claims against it, with interest. While PhillipsUniversity's bankruptcy and the circumstances leading to it led to significant changes, PhillipsUniversity remains a validly existing Oklahoma corporation with 501(c)(3) status under theInternal Revenue Code and continues to fulfill an educational mission. To fulfill this mission,Phillips University will endeavor to operate in the tradition of the university as it existed on April1, 1998, and to engage in such educational activities as the university is authorized to engageunder applicable state and federal law. Without limiting the scope of the activities in whichPhillips University may engage to fulfill its educational purpose, Phillips University is expresslyauthorized by its articles of incorporation to make scholarships and / or grants available to: (1)individuals pursuing a liberal arts curriculum and attending a private college or university; and(2) faculty and staff of private, liberal arts colleges or universities pursuing advanced educationalstudies.

Phillips University offered one-time educational grants of $250 for the academic year 2001-2002for students who were enrolled during the university's last two years (1996-97 and 1997-98), butdid not graduate from the university. This grant program was established in recognition of thesacrifice of those students who remained at the University during these difficult years.

Phillips University can be contacted by: writing to P.O. Box 2127, Enid, OK 73702-2127; faxing(580) 548-2213; e-mailingtoadmin@phillips.edu;ortelephoning(580)237-4433.PhillipsUniversity's website address is www.phillips.edu

Phillips University Alumni and Friends Association Organizes a Legacy Foundation

The Phillips University Alumni and Friends Association (PUAFA), a 501(c)(3) organization, whichserves as the collective voice of Phillips University's alumni and friends, recently organized thePhillips University Legacy Foundation (PULF). The Phillips University Legacy Foundation is a501(c)(3) organization that will be awarding: (1) undergraduate scholarships for studentsattending private colleges or universities affiliated with the Christian Church (Disciples of Christ);(2) scholarships for Christian Church (Disciples of Christ) college and university faculty memberswho are pursuing continuing professional education; and (3) undergraduate and graduatescholarships to former full-time Phillips University faculty and staff employed during the periodof September 1992 through August 1998. Ultimately, the Phillips University Legacy Foundationmay fulfill its educational mission through pursuit of additional educational activities asauthorized by its articles and bylaws.

The Phillips University Alumni and Friends Association can be contacted by: writing to ConnieCravens at P.O. Box 331, Enid, OK 73702-0331, or telephoning (580) 237-4433. The PhillipsUniversity Alumni and Friends Association's website address is www.puafa.org

The Phillips University Legacy Foundation can be contacted by: writing to Gene Challenner atp.o. Box 2127, Enid, OK 73702-2127, or telephoning (580) 237-4433.

IIE.t\lTIIY L11 [..)T) U:SlOR [OD;W'S L.AWYf R.

How to Live Longer and StillFeel Like a WarriorWhy One Lawyer Chooses MediationIf you really ask most parties they only want theircase completed fairly and are not concerned withthe method used to complete it.

INTRODUCTIONIn our earliest days at law school, we are trained as combaranrs. Rules of Evidenceare a weapon to "keep out" evidence, even information relevant to a dispute. Rulesof Procedure are reviewed every time a pleading is filed for the possibiliry of"striking" or "dismissing" the pleading or even the entire action. The uncertaintiesare bothersome co lawyer and client, to say the lease Add co that all the delays andyou, my friend, have a date with frustration. Imagine that your judge has cancelledyour trial for a third time, agreeing the surprised defendant is cmirled to furtherdiscovery, or that a criminal case bumps your civil maner, which is already in yearthree.

Trying [0 keep your c1iem informed, you couJd explain that the court system isoverburdened and under-funded, that judges often cannot afford to take the timeto discipline abusive lawyers, or that the imperfect civil justice system is still a goodalternative to duels or a good 01' Sevier County taiJ-kickin'. The truth is Isometimes think litigants might be better off with one of those quick resolutionswhen we consider the vat of stirred molasses we call the litigation process. AsPhillip McMath recently observed, the litigation process is, after all, only about"what you proved" and very linle about what is tfuth.

So within that context there is now a growing industry: mediation and "newwave" (translated "affordable") arbitration. Most cases could be resolved by one orthe other, and as time passes that will be the case in Arkansas. Logic and economicsdemand it, and when the public catches on, our clients will too.

WHAT IS MEDIATION?Simply put, this is an informal and non-adversarial process whereby a neutral

third person acts to encourage and Facilitate the resolution of a dispute withoutdictating what it should be. A good mediator probably can help reduce obstaclesto communication about the dispute, identify issues and even explore alternativeresolutions. The decision, of course, remains solely with the parries.

Who should access an alternative resolution? Obviously, criminal cases are notcandidates. A recalcitrant (Webster's definition: "to kick against anything")defendant does not seek a resolution and neither does the gun-slinging plaintiff.But if you reaUy ask most parries, they only want their case completed fairly, and

20 TI,e Arkansas lawyer IWNIsr1<bar.com

By Robert Trammell

Robert "Bob" Trammell hastried a variety of cases big andsmall, plaintiff and defendant,civil and criminal, over 21years. He successfully answeredthe "wake up call" of a seriousillness. His primary aspirationtoday is to be mayor of

fictitious Denny Valley, in Ferndale, Arbnsas,horse country. where all is in harmony bur thedemand for legal services flourishes.

are nor concerned with the method used (Q

complete ir. The late Randy Warner,formerly a respected litigaror-rurned chiefexecutive officer, once told a meeting ofdefense lawyers at Red Apple Inn that hewould gladly pay a fee premium to end alegal dispure early in rhe process.

NEGATIVES OF LITIGATIONThere are several factors militating

against the current litigation systempermitted by the courts, where a complainr­answer is followed by the application ofoverdone procedures, which result inskirmishes, battles and finally the war.These are:

Cost in Time. Eighteen months ofpreparation and three days to three weeksaway from your home and work place is notarypical.

Cost in Petsonal Well Being. Thetension of carrying around a legalcontroversy through trial and appeal isharmful to the human systems of lawyerand client. Repeated hits of adrenaline inthe daily "fight Ot Aight" of litigation strainthe human machine. Is there any wonderlitigation is called a "young man's game?"

Cost in Dollars. If anybody reading thisarticle needs to be enlightened about thecost of prosecuting or defending any case to

conclusion, please drive your Mercedes overto my office for a reality check.

There Must Be a Winner and a Loser.By definition.

The Public Forum. Does the corporatedefendanr in an intellectual property lawsuitreally want the public to read the dailynewspaper's account of how it lost a case dueto the treatment of a Mother Teresa-typeplaintiff who came to the company with agreat idea?

ImpersonaJ. No one really feels goodleaving intimate marters like the welfare ofyour kids or your own future to a decision ofthe court system. No one says at the end ofthe day, "Man, am I glad Igor ro be alitigant!"

POSITIVES OF MEDIATIONCost in Time. Mediating a case would

substantially reduce the time ro completion.Cost in DoUars. Mediation is relatively

. .lIlexpenslve.

No Winners. No Losers. Mediationlimits the wounds of the adversarial processand provides emotional release. Theconfidenrial nature of mediation eliminatesor drastically reduces the risk of public

embarrassmenr and allows the parties (Q

thrash out issues. It eliminates the risk ofhaving in-courr commenrs quored later.Simply relling your side of the story, in anyfOfum, can be magical. A simple <'I'm sorry"can take the hurtful feelings andcombativeness our of the process.

PersonaJ. The parties involved fashion aresolution to their dispute. There can becooperation instead of antagonism.

MEDIATION IN ARKANSASThere may be 20-30 unregulated,

uncertified mediators statewide compared(Q the 6,500 certified mediators in Florida,the nation's leader in the area. While court­mandated mediation is ingrained inFlorida's civil and family law process,Arkansas has little regulation and nosratutory guidance for the mediationprocess. Anyone, regardless of training oreducation, can insrantly be a mediator inArkansas. In the future, mediators inArkansas wil1 have to be certified by way ofeducation combined with specific training.They will be regulated by a commission ofthe state or of the Supreme Court. Theywill have a Code of Conduct and a Code ofEthics.

One day, good lawyers will not only betrained in the classic litigation style wheresettlement is only thought about after alengthy war of artrition (meaning "wearingdown" or "grief from feelings of shame").They will know to do their case evaluationwith thoughts of how the controversy can beresolved. We have a duty as professionalsand humans to show the client how theymight avoid that vat of molasses. When thatday comes, lawyers will live longer and feelas good about ourselves as we might whenwe have been the consummate warrior.

www.arkbar.com

Legal Info Links

Arkansas Veterans Handbook

Disaster Legal Assistance

High School Mock Trial Program

Senior Citizens Handbook/CareGivers

Guide

VALUATIONSCLOSE CORPORATIONSUNIQUELY QUALIFIED

CONSULTANTSAnalysis & Appraisal

Expert Witness

Valuation Arbitration

Ownership Transition Planning& Implementation

Estate Planning Assistance

SCHULTZE, MAECHLING &ASSOCIATES

319 N. Fourth, Suite 909

St. Louis, MO 63102

(314) 621-8211

REQUEST OUR BROCHURE

For information about

advertising in

The Arkansas Lawyer,

contact Pat Jones,

501-375-4606

or 800-609-5668

eiones@arkbar.com

Vol. 37 No. 2/Spring 2002 n,e Arkans"s lawyer 21

It's Within Your Reach.Roster of Attorneys.

Field of Practice Section.

Listings of County, State and Federal Officials.

Easy-to-access products and services in the Classified Section.

Professional and Biographical Section for Participating Attorneys.

A Comprehensive Court Section Including Contact Information.

Whether you use the hard bound "Blue Book", or the online reference, Legal Directories is there

for you 24 hours a day. We're making it easy for you to access all the critical information that you

need to gel your job dnne. Visit us online and find out how simple research has become.

Wanl to know how you can be at the fingertips of the world?

Contact us:

Arkansas Legal Directories Publishing Company, Inc.P.O. Box 189000 • Dallas, TX 75218 • or call: 1-800-447-5375

or visit our website for a complete listing: www.LegaIDirectories.com

• Young L1v:yers Section Report

2001·2002AYear to Remember

ArkansasBar

Association104th

AnnualMeeting

June 12-15, 2002

ATTENTION YOUNGLAWYERS

(Lawyers under 35 oradmitted less than 5 years)

Plan to Grab a Bite in theExhibit Hall and Meet at 12:45p.m. in the Mercury Tower (3rdFloor) to elect SectionOfficers.

YOUNG LAWYERS &LAWYERS YOUNG

AT HEARTChill out with

Big Phil and the Chills.8:00 - ? in the

Arlington Hotel Lobby

bV Tim Cullen

Bridging the Gap, Law Week,

handbook revisions, literacy programs,

CLE sponsorship, disaster relief legal

serVices, and participation in bar

leadership and committees are just a few

of the programs and services YoungLawyers have provided this year.

But these programs and services don't

JUSt happen. They require valuable time

and energy from dedicated volunteer

young lawyers. As my term as chair winds

down, 1 want to take this moment to

salute the young lawyer volunteers that

made it all happen.First, Dustin McDaniel and Chris

Gardner rook our Association guides for

the public to a new level when they

teamed up to produce a Spanish language

version of the Consumer Law Handbook.

Next, Michelle Cauley has served to

keep the YLS In Brief running as a

valuable resource for young lawyers.

Elizabeth Smith is working diligently

with many other young lawyer volunteersand with members of the Arkansas

Association of Women Lawyers to put onthe best law week program in memory by

putting young lawyer volunteers in localclassrooms to teach a law-oriented

curriculum to ninth graders. ContactElizabeth or a member of her committee

if you want ro bring this project to your

local classrooms.

In addjtion to his duties as secretary

and treasurer of the Young Lawyers

Section, Mark Hodge has spearheaded a

tutoring program in Little Rock schools

where lawyers volunteer to help students

with their reading skills. Mark is one of

the many young lawyers who is quietlymaking a difference in his community.

David Johnson has led a team of

volunteers in revising the Statute ofLimications Handbook. Watch for ir this

summer, and thank David for all of his

work on this imporralH resource.

David Sterling is traveling the country

on behalfofArkansas young lawyers in his

position as district representative [0 theAmerican Bar Association. Thanks to

David for his energy and emhusiasm in

this important job.

Paul Dumas is organizing CLE for the

annual meeting ro train volunteers for

when disaster strikes and the Disaster

Relief Legal Assistance plan goes into

action. Please sign up and get trained so

you can help the bar respond when the

next namral disaster rumbles through our

State.

Cindy Thyee is preparing to cake the

reins at the annual meeting in June and

lead the Young Lawyers Seccion next year.I wish Cindy all the best as she continues

the important projects of the section and

embarks on new ones.The best part of being active in the

Young Lawyers Section is the chance to

interact with some of the best of young

lawyers (and some not-so-young la\'.'Yers,too) who choose to give of their time andenergy to the association and their

communities. Because of the hard work

and vision of past young lawyer leaders,like Price MarshaU, Baxter Sharp, SCOtt

Morgan, Gwen Hodge, and Scott

Zuerker, the section wiU always have a

firm foundation of quality service

projects. The challenge for the future is to

broaden our participation among

members, while refining our goals to

make a meaningful contribution to the

association and our local communities.

Vol. 37 No. 2/Spring 2002 TI,e Arkansas Lawyer 23

I 1[;\1.11 IY L.II rSTH.r:sroll. IO[)i\Y'~ LAWYER

When Good Stress TurnsBad

Recognition of what stress is and ways of preventingthe over-reaction to stress are important tomaintaining a healthy lifestyle.

The way our bodies respond ro stress is an age~old. deeply ingrained physiologicresponse that has been helpful for survival. We react co Stress whether it is a goodstress, such as bringing a newborn home from the hospi£aj, or bad stress, such asnot having the finances to make ends meet. Recognition of what stress is and waysof preventing the over-reaction co stress afC important ro maintaining a healthylifestyle. Ir is helpful ro learn how to use the stress response in a positive way insteadof Icning it use you in a negative way.

First, what is it that we are calling the stress reaction? In my mind the stressreaction is part of the autonomic nervous system. It is the "fight or Right" response.During times of stress your heartbeat and blood pressure usually increase. yourblood sugar rises and body hormones such as adrenaJin will surge. These physicalresponses have been very helpful in an evolutionary sense because they benefitedsurvival. Pre-historic humans might have been confronted by a mastodon or asaber-toothed tiger, and these were needed physical responses that would enablethem to fight the intruder or to flee the intruder. The physical reactions to theinternal physiologic changes helped to discharge the body changes and then werefollowed by relaxation. The "ahhh" momelH or sigh of relief is another way of

desctibing this.The stressors that are confronted today come in quite a different form. The

mastodon has been replaced by other "monsters" including perhaps the "paperworkmonster". We typically do not have the physical response to the stressor that wascommon in earlier rimes and thereby no easy way of discharging those bodychanges that build up. We don't always take rime to do the relaxing thar wouldnormally resolve such a problem.

The srressors in modern life thar are most prevalent are financial worries, over­committing in job or sociaJ acriviries, marital problems, job performance, healthconcerns or changes in family composition. Any major life change, even rhepleasant ones, bring stress.

What are the indicators thar srress may be causing you problems? Some of thecommon ones are irritabiJity, moodiness, difficulty sleeping, difficuJry focusing andincreased muscle rension. Ir is possible to have any of these physical symptoms of

24 TI,e Arkansas law)'cr VMW ar\<bar.com

By Dr. Michael Hollomon

is Associate MedicaJ Director atOzark Guidance in Springdale.He earned his medical degreefrom the University of TexasMedical School 111 SanAntonio. He received graduaretraining at Duke Universityand Downstate University inNew York. Hollomon has had

extensive experience in general and emergencymedicine. He then re-specialized in psychiatrywhile completing a residency at SouthwesrernMedical School in Dallas, Texas, where he waschief resident.

illsur Provide for tire COIIIIIIOII defellse, prolllote tire gelleral Welfare,Yn"l""'l:--T'"I'-r-H

tates, ill order to foml a 1II0re perfect Ullioll, establislr lustice,

~====f~

Arkansas[OLTA

Foundation alld s berty to ourselves alld our posterity, do ordaill mId establislr tllis

rINTEREST ON LAWYERS' TRUST ACCOUNTS

, . . . . ....

11 tllis COIIStitUtiOIl for ti,e Ullited States ofAlllerica. ·PREAMBLE

perfect Unioll, establislr lustice, illsure dOlllestic Tranquility,

alld secure ti,e Blessillgs of Liberty to ourselves alld our

re dOilies tic Trallquility, Provide for tire COIIIIIIOII defellse,

,prolllote the general Welfare, alld secure ti,e Blessillgs ofLiberty

do ordain and establislr tlris COIIStitlltiOIl for ti,e Ullited States of

CONSTITUTION ~,ePeople of ti,e Ullited States, ill order to

e tire People of tire Ullited States, ill order to fonll a 1II0re perfect

elleral Welfare, alld secllre ti,e Blessillgs ofLiberty to ollrselves alld

II tlris Constih,tioll for tire Ullited States ofAlllerica. ·PREAMBLE

or ti,e COIIIIIIOII defense, prolllote tire gelleral Welfare, alld seCllre ti,e

ill order to fonll a 1II0re perfect Ullioll,

establisll Illstice, illsure dOilies tic Tranqllility, Provide for tire

tates ofAmerica. ·PREAMBLETOTHE U.S. COOl"~:'\

elves alld our po

tates ofAlllerica. ·PREAMBLE TO THE U.S. CONSTITUTIO e ti,e

ill order to fonnfrAlli estat,;J;:!ticAsure

efor tire comlllOIl se,Vtil I AreAe

i:.:iiI~liiiiiiPi••~alldOllr posterity, do ordaill alld establislr tllis COllStitlltiOIl for tire

MBLETOTHEU.S.CONSTmmo ~,ePeople of tire Ullited

~~~~~~~~~~llnitedStates ofAmerica. ·PREAMBLE TO THE U.S. CONSTITUTIONti,e

ti,e BI

domes

COIlS

Peopl

USSI01' <¥>

STATE IE JT

justiu by ftnding

programs that

targtt tht civil legal

nuds oflow-incomt

Arkansans and by

mcouraging projtcts

that improvt the

administration

ofjustiu. Grant

prioritits are:

mission is to

increau access to

¥' For ugal aid

to the poor

¥' For student loans

and scholarships

¥' Oth" programs

for SFtcial projtcts

that improvt tht

administration

ofjustice

Tht Foundation's

2001AnnualReport

2001-2002BOARD OFDIRECTORS

OFFICERS

Hon. Thomas RayPRESIDENTLittle Rock

Sherry P. BartleyVICE PRESIDENTLittle Rock

Anna ViaSECRETARYDardanelle

James D. GingerichTREASURERConway

DIRECTORS

Vandell Bland, Sr.West Helena

Jim JansenPocahontas

louis B. (Bucky) Jones, Jr.Fayetteville

larry KircherBald Knob

Freeman McKindraLittle Rock

Glenn NishimuraLittle Rock

James A. RossMonticello

LETTER FROM THE PRESIDE T

A ID EXECUTIVE DIRECTOR

Dear Colleagues,

The Arkansas IOLTA program traces its existence to 1984 when it wascreated by a Per Curiam Order of the Arkansas Supreme Court. UnderRule 1.15 of Arkansas' Rules of Professional Conduct, lawyers certifytheir compliance with proper trust account practices. This rule, whichprovides the guidelines for safekeeping the property of others, requiresall Arkansas lawyers who hold client trust funds that are short-term ornominal in nature to place these funds in pooled IOLTA accounts. Theinterest from IOLTA trust accounts is paid to the Foundation. TheFoundation then awards grants from these funds to programs that pro­vide civil legal representation to poor Arkansans, for law school scholar­ships and for projects that aid in the administration of justice. In 2001 theFoundation awarded $800,000 in grants in these three categories.

Over 260 banks offer IOLTA accounts and most do so without chargingfees. This enables the Foundation to maximize the amount of funds thatare available for grants for law-related community activities. TheFoundation sincerely appreciates this support from the Arkansas bank­ing community. A Bank Honor Roll appears on the last page of thisAnnual Report. Unlike past years, this year's Honor Roll is based oninterest paid only through August of 2001. This seems the only faircourse of action as most banks were paying interest of 2% or higherprior to the tragic events of September 11, but were unable to continue todo so due to economic events following that sad date. We urge Arkansaslawyers to thank their Arkansas bankers for supporting the IOLTA pro­gram.

Please take a few minutes to review this report--especially the casevignettes that exemplify the good work done by Arkansas lawyers. Weappreciate the positive response and leadership of the legal communityin Arkansas. With the efforts of each of you, real people with real legalproblems are able to access justice even though they are too poor to payfor civil legal services. Your work does make a difference daily in thelives of people who need legal help.

Carolyn WitherspoonLittle Rock

EX OFFICIO

Don HollingsworthExecutive DirectorArkansas Bar Association

STAFF

Susie PointerExecutive Director

Dawn WestAdministrative Assistant

Thomas RayPresident, 2001-2002

•Susie Pointer

Executive Director

•

W SCIHIOOL SCIHIOLAIRSHKPSIUNIVERSITY OF ARKANSAS SCHOOL OF LAW, FAymEVlllE

The following law students at the University of Arkansas School of Law, Fayetteville, received IOLTA scholarships for fall of2001 :

Kavin Burnell received the Arkansas Bankers Association IOLTA Scholarship. He is a graduate of Pine Bluff High School,and his mother, Ms. Loretta Burnett, resides in Pine Bluff. Mr. Burnett earned a degree in Political Science from the Universityof Arkansas at Pine Bluff in 2001.

Jessica Middleton received the Arkansas League of Savings Institutions IOLTA Scholarship. Ms. Middleton was raised inthe Delta of Northeast Arkansas, and her mother, Ms. Angie Middleton, resides in Blytheville. Ms. Middleton obtained herundergraduate degree in Journalism/Public Relations at Arkansas State University in 2000.

Johnnie l. Miller received the Arkansas Bar Association IOLTA Scholarship. She attended Marvell High School, and hermother, Ms. Mary Miller, resides in Marvell. Ms. Miller graduated with a B.S. from the University of Arkansas at Pine Bluff in1995 and obtained a Master of Public Health from Tulane School of Public Health and Tropical Medicine in 2000.

Ashley Mills is the recipient of the Walter R. Niblock IOLTA Foundation Scholarship. Her parents, Mr. Tony Mills and Ms.Vickie Mills, reside in Van Buren. Ms. Mills is a 2000 graduate of the University of Central Arkansas with a B.S. in Biology.

Recipients of Arkansas IOLTA Foundation Scholarships are Dawn Stidd and Caley B. Vo. Ms. Stidd received her under­graduate degree in Psychology from Southern Arkansas University in Magnolia. She is a long-time resident of EI Dorado. Ms.Va's father, Mr. Binh Va, resides in Rogers. Ms. Va is a 2001 graduate of the University of Arkansas with a B.A. in PoliticalScience.

UNIVERSITY OF ARKANSAS AT LITTLE ROCK SCHOOL OF LAW

The following law students at the University of Arkansas at Little Rock School of law received IOlTA scholarships for fall 2001:

David L. Jones received the Arkansas Bankers Association IOLTA Scholarship. He graduated from Bradley High School,and his father, Mr. Cecil H. Jones, Sr., still resides in Bradley. Mr. Jones is a 1999 graduate of lyon College where he earned aB.A. in Politics. He continues to reside in Batesville while attending law school.

Laura O'Bryan received the Arkansas League of Savings Institutions IOLTA Scholarship. She graduated from Little RockParkview Magnet School and is a 1999 Summa Cum laude graduate of the University of Central Arkansas with a B.A. (dou­ble major) in History and Spanish.

Leeland D. Jones received the Arkansas Bar Association IOLTA Scholarship. He was born in Little Rock, and his parents,Mr. and Mrs. Clifford D. Jones, Jr., reside there. Mr. Jones is a 2000 graduate of the University of Arkansas at Little Rock witha B.A. (double major) in History and Anthropology.

Mindy D. Loveday is the recipient of the Waller R. Niblock IOLTA Foundation Scholarship. She was born in Hot Springsand attended lakeside High School. Ms. Loveday is a 2001 Summa Cum laude graduate of the University of Central Arkansas,earning a B.B.A. in Accounting.

Recipients of Arkansas IOLTA Foundation Scholarships are Lori Burrows and Amy J. Dunn. Ms. Burrows was born in LittleRock and attended Bryant High School. She is a 1997 graduate of the University of Central Arkansas with a B.A. in SpeechCommunication. Ms. Dunn was born in little Rock and attended Southside High School in Fort Smith. She is a 1996 gradu­ate of Hendrix College with a B.A. in Psychology.

UNIVERSITY OF ARKANSAS SCHOOLOF LAW - FAYETfEVlLLE

I wish tD txprtJS my apprrriallon fir tIN Arklf1lJ4JIOLTA FounJim'on srhtJkmhip thol / havr rtetil/td 41 thrUnivmlty ofA,ka1lSilS SrhDol ofLAw. &rlfuJt ofyour gm­m/Slty. I will ht htrtcr IIblt to ronrrntrllU 0" tIN stu4y of!lfw. I wilJ not haw 10 worry IlJ murh aboul II /Ark ofmont] to pll] m, txpmsn whi/r hrrr.

111m a first ]tar law tllldnll. I hopt 10 join Ihr PublirInttmt /.Aw FtJundalion IlJ wtlJ as partiripau in thr /Aw(linlcs our KhooJ ojfcrJ. M, /Mlllrr lO'lh arr to pnuTiu inArkilnJllS lind poSSibly pursue a [,T'UJualt law tktrrt.

Thank you vrry muchjor your hrlp.

Sinctrt!y.Dawn Stidd

UNIVERSITY OF ARKANSAS AT UTILE ROCK SCHOOL OF LAWAs 11K IRw Snulml rhDsm tD rtrnw Ifn Arklf111JlS IOLTA Foun4aMn 5mDlttrsJ,ip fir lix 2()()()..2QOl arlUinnir7'ar,

I want tD txpms myFfltwk fir ]Our tmmJSiry. Your wilJinr.nm to sllppon!lfw SnulmfS in pUNult ofaJD IS a Intamnllto yourrommitmt1lt 10 justirt and lIN pursuit ofhighn rduration. 11 is a" ho"or to hallf! btl" rhou" from IImong my ptmto rrprnmt yourfOundation.

J would liltt to ulJ]Ou about my tarr" plans. as wrlJ as myM/f I am ont'",,/lyfrom Bryant., whrrr 1hvttluntil 1993.whm I brgan rollq,r at'M Un;wnity ofu"tral Arkansas in Conway. I r;radUilud Wit}, Q B.A. in Spt«h CommunicatIonin MIrJ of1997. For rwo ]tilrJ tlfin' puluation, III.'Orlt«1 with Ar!a/I,WlISfiw Drug Frrt Youth, a statrww fUm-profit drlltpmJtntion tlgtnry. AJttr Ittlllint ADFY. I II.'IIS fOrru""u 10 rrpmrnt thr U"iud Slatts as a Volun~rr 111 thr hart Corpt. srrvi"tin thi Ftdnaud Statts ofMimmnill.

M, _'* as tl youth dnKl6pmrnt IIOlu"urr thn-r J()fjJjfUd my inttrr1fS in mtrnumtJ""llInd IN"",n rilhlS dn.'tl6pmrnt.AJttr rDmpktinl 171'JD al lhi WilJillm H. BoWt1l &boolof/.Aw, I p!lfn tD rontln,", WtJ,*ing on khalfofpmcns lilling inrkwloping rounm"ts. Somr lifttimt drtlfms ofmint haw brm ro work with thr Umi«1 Nmions Dtvrlopmrnl Programmt lindwith Amnnl) Inttrmttio""l I truly tk tnj<r} publi( snvirr and IDok fOrward to ronti"uin: it as my lifrj _'* 4n4 ttlrr" rhoirr.

Thr thingJ in my hft I 1Id/,", most tJrr"" famIly, ""{nnuis lind IN firttiom tD t1Ip! thr man, opporrunitin thaI htl~'t

pmrnud thnnstlws in 171' lift. TIMnk lOU fir providin: Illlditio",,1 suppon 10 fNlp brint my tOllIs to fruition.

Sin(rrri}Lori BUm/WI

2001 rrOLTA JBA KHO JORROLLSince 199B, lhe Foundation has published a Bank Honor Roll based on average interest rates paid by each bank during that year. Due tothe tragic events of September 11 and the resulling decline in the economy, the 2001 Honor Roll is based on average interest rates paidby each bank through September. While interest rates declined immediately after September 11, the interest paid in September wasearned in August at interest rates prevailing then.

The Arkansas IOLTA Foundation gives special recognition and thanks to the following financial institutions (or paying an average interestrate of2.0% or higher AND waiving service charges on attorney lOl.TA accounts: _

Alliance Bank, Hot SpringsAmerican Stale Bank, JonesboroAmerican State Bank, OsceolaAmerican Slale Bank, ParagouldArkansas Slate Bank, Siloam SpringsArvest Central Bank &Trust, Little RockBancorpSouth, CamdenBank of AugustaBank of Oeljgh~ Nmda County, PrescottBank of Holly GroveBank of lake VillageBank of Uttle RodeBank of Mountain ViewBank of RogersBank of Star City

Citizens State Bank, Bald KnobCommercial National Bank, TeurUnaCommunity Bank, Filyettevil~

OKatur State BankDelta Trust, HamburgDiamond State Bank, MurfreesboroDiamond State Bank, NashvilleFarmers Bank, GreenwoodFarmers Bank, HamburgFarmers & Merchants Bank, StuttgartFidelity National Bank, West MemphisFirst Banle of Montgomery County, ML IdaFirst Community Bank. BatesvilleFirst Financial Bank, EI DoradoFirst National Bank, DeWitt

first National Bank, HopeFirst National Bank, McGeheeFirsl National Bank, MenaFirst National Bank, ParagouldFirst National Bank, WynneFirst Slale Bank, CrossettFirst State Bank, HuntsvilleFirst State Bank, WarrenforTest City BankHelena National BankHeritage Bank, JonesboroMadison Bank & Trust, KingstonMartedT"" BankMcGehee BankMerchants & ptanters Bank, Clarendon

Metropolitan National Bank, little RockNewport ~ral Savings BankOneBank, little RockPinnacle Bank, little RockPortland Bank, MonticelloSimmons First Bank, DumasSouthern State Bank, MalvernSummitt Bank, MalvernThe Capital Bank, little RockUnico Bank, ParagouldUnion Bank & Trust, MonticelloUnion Bank of MenaUnion Planters of Central Arkansas, ClintonWarren Bank &Trust

A special thank you to the following financial institutions for paying interest AND waiving service charges on attorney IOLTA accounts:_

Arkansas Diamond Bank, GlenwoodArkansas National Bank, BentonvilleBanCorpSouIh, AlmaBanCorpSouIh, Fl. SmilhBanCorpSouth, MagnoliaBanCorpSouth, MelboumeBanCorpSouth, StuttgartBank of Cave CityBank of DardanelleBank of Englan<lBank of Eureka SpringsBank of FayettevilleBank of HarrisburgBank of PocahontasBank of PrescottBank of SalemBank of the Ozarles, OzarkBank ofTrumannBank of WaldronBank of YellvilleChart Bank, PerryvilleCitizens ~nk, BatesvilleCitizens Bank, BoonevilleCitizens Bank &Trus~ Van BurenCleburne County Bank, Heber SpringsCommercial Bank &Trus~ MonticelloCommunity Bank of CabotCommunity First Bank, Eureka SpringsCommunity First Bank, HarrisonEudora BankFarmers Bank &Trus~ Blytheville

Filnners Bank &Trust, ClarksvilleFilnners Bank &Trust, Magnoliafi"t Arkansas Bank & Trus~ JacksonvilleFirst Arvest Bank, Siloam SpringsFirst Bank of South Arkansas, umdenFirst Community Banle, ConwayFirst Community Bank, lonesboroFirst Community Bank, PocahontasFirst Delta Bank, Marked TreeFirst Federal Bank of Arkansas, HarrisonFirst National Bank, AshdownFirst National Bank, BerryvilleFirsl National Bank, CrossellFirst National Bank, DeQueenFirst National Bank, El OoradoFirst National Bank, FL SmithFirst National Bank, HelenaFirst National Bank, ~riannaFirst National Bank, Mtn. HomeFirst National Bank, SpringdaleFirst National Bank of Eastern Arkansas,

forrest CityFirst National Bank of lilwrence County,

Walnut RidgeFirst National Bank of PuisFirst Security Bank, SearcyFirst Service Bank, ClintonFirst State Bank, ConwayFirst State Bank, lonokeFirst State Bank of OeQueenFirst Western Bank, Rogers

Firslar Bank, MorriltonFirstlr ~nk, North little Rod:G""" feny lake Bank, Heber SpringsHeartland Community Bani, CamdenHeber Springs State BankMalvern National ~nkMerchants & farmers, DumasMerchants & Planters, NewportMidSouth Bank, JonesboroNational Bank of Arkansas,

North lillie RockNational ~nk of Commerct,

Memphis, TNPeoples Bank, ParagouldPetit jean State ~nk

Piggott State BaniPine Bluff National BankPulaski Bank & Trust, little RockRegions Bank, BatesvilleRegions Bank, BentonRegions Bank, ClarksvilleRegions Bank, ClintonRegions Bank, ConwayRegions Ban~ EI DoradoRegions Bank, HarrisonRegions Bank, Hoi SpringsRegions ~nk, JonesboroRegions Bank, Little RockRegions Bank, Memphis, TNRegions Bank, MorriltonRegions Bank, Nashville

Regions Bank, OsceolaRegions Bank, RogersRegions Bank, RussellvilleRegions Banlc. SearcyRegions Bank, TexarkanaRiver Valley Bank, RussellvilleSimmons First Bank, JonesboroSimmons First Bank, lilke VillageSimmons first Bank, lincolnSimmons First ~nk, SearcySimmons First Bank of Arkansas,

RussellvilleSimmons First Bank of El DoradoSimmons First Bank of Northwest Arkansas,

SpringdaleSimmons first Natiooal Bank, Pine BluffSmackover Stale BankSouthBan~ ManilaSpringdale Bank &TrustSuperior Federal Bank, Fort SmithThe ~nk of jonesboroTrustBank, Min. HomeTwin City Bank, North little RockUnion Bank of BentonUnion Planters Bank, Forrest CityUnion Planters ~nk, MarshallUnion Planters Bank, OsceolaUnion Planters Bank, West MemphisUnion Planters Bank of Northeast Arkansas,

Jonesboro

Thank you to these other participating tOtTA banks for paying interest in 2001: _

BanCorpSouth. HopeBanCorpSouth, ToxananaBank of America, Stlouis, MOBank of Arkansas, Tulsa, OKBank of Bentonville

Bank of McCr<l<)'Chambers Bank, DanvilleCross County Bank, WynneDelta Trust & Bank, little RockElk Horn Bank &Trust, Arkadelphia

farmers & Merchants Bank, Prairie GroveFirst ArkartQs Valley Bank, DardanelleFirst National Bank, Ash Flatfirst National Bank, BlythevilleFirst National Bank, Rogers

Hibernia National Bank, New Orleans, LAMcilroy Bank &Trust, FayettevillePeoples Bank & Trus~ Min. Home

This listing is based on interest rates on active attorney lOlTA accounts as reported to the Foundation by individual banks in 2001.

headaches, elevated blood pressure orelevated blood sugars.

There are a number of mings that we cando co help prevent stress from overwhelmingus. First and foremoS[ we should look co the

physical, this tefers to the basic "how to takecare of yourselr. There is an old Spanishproverb thac states "a man tOO busy co takecare of himself is like a mechanic who is coobusy [0 take care of his rools". You have to

take cate of the basic machinery of the body.This includes getting a sufficient amount ofsleep. This also means managing yournutrition intake. It is important [0 eat in aconscious fashion. There are many differentdietary philosophies that ate available. Ifyoueat a healthy balanced djet in a consciousfashion, you will know what you are puttingin your body and eat in such a way mat youare actively caring for yourself I feel matthis will address many of these stress relatedconcerns. Obviously, you need to consultyour physician if you have specific healthproblems.

Exercise is also another very importantfaccor. Recalling the evolutionary response[0 stress, we all need that opporrunity to

exercise and improve our body functioning.A5 we build up stress going through daily

living, we need to find opportunities to

engage in vigorous exercise in whichbreathing is stimulated, muscle [One isimproved and hormonal changes can bedischarged. This also stimulates the body'sown endogenous opiate hormones whichoffer a soothing aspect. It is also goodcommon sense to manage your alcohol,caffeine and sugar imake. Caffeine. nicotineand sugar all have stimulatOry propertiesthat will only increase the body's stressreactions.

Getting suppOrt from friends and familyis also important. No one knows wharstressors are causing you the most concernunless you share these. Many professionalsfeel that the less they external ize the stressthe better they can handle it; however. theyare instead inrernalizing the stress whichonly further stimulates the stress response. Ifyou are able to share the difficulties that youare undergoing, you may find support andeven some different ways of managing thestress that have not occurred to you. Decidewhat is important ro you and make it apriority. Every individual has his own goals.These may be making the most money.writing the most articles. having the busiestptactice or having the best relationship with

your family. Whatever ir is make it

important and work for it.Self-talk remains as one of the primary

but unacknowledged ways that we giveourselves reinforcing messages. As you readthis, you might be saying to yourself, "That'sstupid. I never do that". Thar makes mypoint. One technique is to actually work onthe messages that we give ourselves so theyare positive. not negative, and certainly notcatastrophic. Prayer and meditation areother ways to quiet rhe soul and find peace.Deep breathing is a natural relaxationtechnique that is easily learned and can beeasily employed. This is not a narural thingfor adults but is more natural to babies. Itinvolves using the diaphragm, the areabeneath the chest rathet than the chest itself.When you use more abdominal muscles inyour breathing. more oxygen is taken in andthe blood is forced to go through the system

quicker so there is more oxygen to the brainand organs. It can relieve headaches.backaches, stomachaches. and sleeplessnessand helps release the endorphins into thesystem. Blood pressure can go down. whichis obviously good for the heart. It can helpwith emotional release. To practice deepbreathing, sit comfortably in loose clothing

•

1

MAXIMIZE YOUR QUALIFIED PLAN CONTRIBUTIONSRecent legislation has substantially increased the maximum annual retirement plan contributions. For definedbenefit plans, possible tax deductible contributions vary according to the age of the participant, as follows:

2001 CONTRIBUTION 2002 CONTRIBUTION

Our law firm specializes in the design, implementation and administration of defined benefit plans. For adetennination of whether a defined benefit plan will work for you, contact the tax attorneys at:

DllilmJewell, Moser, Fletcher & HollemanA T TOR N E Y SAT LAW

III Center Street, Suite 1250' Little Rock, Arkansas 72201' Telephone (501)376-8250' www.jmfh.com

Vol. 37 No. 21Spring 2002 The Arkansas lawyer 25

and breathe through your nostrils usingyour lower abdomen to bring in the air andhold the breath to a coum of five and thenslowly let it out, doing this deep breathingfor rwo or more minutes. You can graduallylengthen the amount of time that youbreath, hold, and breath OUt, therebyincreasing your relaxation.

Properly managing your time can makeeven the most over-whelming "paperworkmonsters'" disappear. Often we get to theplace where things seem 5. of suchmagnitude that there is no way to completeall the tasks that we need to do. At thesetimes of life it is good to remember the oldadage about how one would eat an elephant.The answer is you would eat it one bite at atime. This means taking on manageabletasks and continue in a disciplined fashionto completion. The benefits of simplystarting the process can be very helpful.

Often we feel frozen in one spot andunable to take that first step. The first step isalways the most difficult and arrer that allyou have to do is take another step.

There have been studies indicating that,111 animals, JUSt making a physicalmovement or step in a fearful situationchanges the brain's chemical balance.

Making adequate use of leisure time isanother technique that is useful in reducingstress. When I talk about leisure time, itshould truly be time off when there are noresponsibilities other than relaxation. It doesnot help if you take work with you. This canbe a weekend away with a loved one. It canbe a simple evening away from work.Another useful exercise is, at the end of theday, choosing and describing one specialevent that has happened to you. It could bethe ted flush of a cardinal in flight Ot theway the douds look when the sun shinesthrough them. It can be an especiallyinsightful statement that you have made orsomething witty said. Remember, describingand sharing that event helps put more of apositive spin on a day that might not havebeen there before. If you do not havesomeone special that you can share thiswith, think about sharing it with someonethat should always be special, yourself. Thiscan be through a journal where you recordyour feelings to help you to remember thepositive pares of the day rather than JUSt thenegative.

Seeing trouble as opportunity is anotherway of handling Stress. There is a Chinesesymbol for a crisis, which also means

"opportunity". Sometimes the stress can bean opponunity fot growth if viewed fromthe right direC[ion. Always take the time to

look at the problem from many differentangles to see if there is some way that youcan benefit immediately or maybe morelong term.

There may be many times when stressgoes beyond the normal limics that you candeal with by yourself. Some of the dangetsigns that would indicate the need to seekprofessional help would be extremeemotional liability, increased startleresponse, recurrene intrusive thoughts.Tearfulness to the point of not being able to

control it, suicidal thoughts, abuse ofalcohol or drugs, being unable ro do normaldaily activities. Cognitive behavior therapyis one way that professionals can deal withthis withour urilizing medications. This is avery effective way of helping with abnormalthought patterns. Research indicates thatsuccessful cognitive therapy brings about thesame brain metabolism changes as successfulmedication therapy for anxiety disorders.There is a book written for me layperson oncognitive behavior therapy called FeelingGood - Th, N,w Mood T/urapy by Dt. DavidBurns. This book might be helpful for

From A to Xpert TestimonyChoose to earn your CLE credit from among the more than 40hours approved for this year's Annual Meeting in the fields of:

people with mood problems or anxietyproblems.

There are sometimes instances when youor someone you love are in perceived dangerof serious injury or loss of life. Theseepisodes sometimes precipitate a conditioncalled post-traumatic stress disorder(PTSD).

Professionals can be at increased risk forchis as chey deal wich unstable clients. Earlytreatment can help shonen long-termincidents.

In summation, Stress is a normal part ofour lives that we will all have to deal withfrom time to time. The nature of stress haschanged over time and has become more ofan internal rather than an externalmechanism. Therefore, it is important to tryto take care of things in a more active waythan what might be expected. It has beenshown if you can change the way you thinkyou can change the way you feel. One of theways that the Navajo have of opening a dayis a sunrise prayer, which they direct to thefour geographic directions. They then say asimple morning prayer, "Today 1 will livewell". This is a positive affirmation of life. Itis also a way of living in the moment, oftiling each day as a gift, as a chance to

recreate all chat is bright and wonderfulabout this gift that has been given alJ of us.I encourage you to take this to heart and tryto live each day well because we have nopromise of another day and no way ofchanging what is past.

TechnologyTips By The Dozen

Trial TacticsTort Law

Securities LawProfessionalism

EthicsLaw Office Management

Insurance Case Law

Check us out!

www.arkbar.com

ImmigrationHealth LawFamily LawElder Law

BankruptcyAmendment 80

Agricultural Law

YOU PUT A LOT OF UMMPH

INTO YOUR WORI<.

WE MAI<E GETTING IT THERE

L E S S 0 F A W 0 RI<O UT.

Your latest project is in perfect shape, and UPS makes it easy to show it off.

You can choose On Call Air Pickup~ or the convenience of over 55,000 drop boxes.

And at UpS, com, you can order supplies, choose services, prepare shipments,

arrange pickups and track packages.- Best of all, you pay less with your

association discount. So enroll today-call 1·800·325·7000.

'Visltwww "ps com or call1·80Q·PICK-UPS· for drop box locations, On Call Air P;ckup~ free supplies and more.

28 TI,e Arkansas lawyer wwwar1<barcom

ARKANSAS

BAR

ASSOCIATION

M EMBER DISCOUNTS:

$1.50 OFFUPS Next Day Air· letters

10% OFFUPS Next Day Air" packages

UPS 2nd Day Air A.M.·

letters

UPS 2nd Day Air A,M."

packages

20% OFFUPS Worldwide Express'·

letters or packages

<U.S. origin only)

1-800-325-7000Call to enroll.

Sustaining Members of the Arkansas Bar Association for 200 I

Charles Greg Alagood James E. Crouch Curtis E. Hogue Richard N. Moore Jr. J. L Shaver. Jr.H. William Allen F. Thomas Curry Alice L Holcomb Rosalind M. Mouser James Marlon Simpson. Jr.Overton S. Anderson James D. Cypert W. R. Holland William Kirby Mouser H. Edward SkinnerPhilip S. Anderson Thomas A. Daily Cyril Hollingsworth Charlorte B. Murphy Ted C. SkokosKeimArman John A. Davis III Don Hollingsworth Ralph C. Murray Douglas O. Smim Jr.Ben F. Arnold T. Martin Davis Ron A. Hope Tunomy J. Myers Laura H. SmimLaura Archley Robert T. Dawson Robert E. Hornberger E. Sheffield Nelson Robert D. Smim IIIKennem B. Bairn J. C. Deacon Eugene Hunt George H. Niblock David SolomonBarry D. Barber Jack W Dickerson Annabelle Clinton Imber Raymond L Niblock James D. SprorrW. Chriscopher Barrier Michelle H. Dillard Michael E. Irwin Johnny L Nichols Thomas S. StoneAnmony W Barrels Philip E. Dixon AJston Jennings R. Gary Nurter John F. Scroud Jr.Sherry P. Banley Darrell D. Dover Alston Jennings Jr. Debby Therford Nye William H. SurrollR. T. Beard III Winslow Drummond Bradley D. Jesson Bobby Lee adorn Rex M. TerryPaul B. Benham III Davis Dury Glenn W Jones Jr. Conrad T. adorn William L TerryEvans Bemon B. Michael Easley Louis B. Jones Jr. Hugh R. Overholr Robert F. ThompsonDonald E. Bishop John D. Eldridge Robert L Jones III Charles C. Owen Danny ThrailkillJames B. Blair Don R. ElliOrt Jr. Philip E. Kaplan Charles R. Padgham John R. TisdaleC. Tad Bohannon George D. Ellis William H. Kennedy III Nicholas H. Parton Fred S. UrseryTed Boswell John R. Elrod Charles M. Kester Richard L Peel James R. Van DoverWilliam H. Bowen Srephen Engscrom Judson C. Kidd B. Jeffery Pence David B. VandergriffRobert B. Branch Mike Everett Warren O. Kimbrough Edward M. Penick John C. WadeDebbie D. Branson Oscar Fendler Mike Kinard Donna C. Petrus Wyman R. Wade Jr.William C. Brazil Viccor A. Fleming Perer G. Kumpe E. Lamar Perrus Bill H. WalmsleyWilliam C. Bridgform Jim Par Flowers David N. Laser John V. Phelps Bill Walrers

Fred E. Briner John A. Fogleman Sam Laser orwood Phillips G. Chris Walmall

Jeff Broadwater Robert M. Ford John T. Lavey John B. Plegge John D. WarsonEdward W. Brockman Jr. Kay West Forrest Ike Allen Laws Jr. Frank A. Poff Jr. Timomy F. Warson Sr.

John A. Buckley Jr. G. Spence Fricke Stanley A. Leasure David M. Powell Bud B. Whetstone

William B. BuergJer Lance B. Garner Robert O. Levi William I. Prewert David H. Williams

Richard K. Burke Pamela B. Gibson John G. Lile III Thomas B. Pryor Robert H. \V"illiarns

Julie M. Cabe Sam E. Gibson D. Price Marshall Jr. Donald C. Pullen W Jack Williams Jr.

Robert D. Cabe W Dent Girchel William A. Martin Janer L Pulliam J. Gaston Williamson

John C. Calhoun Jr. Roger A. Glasgow David R. Marthc\vs John I. Purtle Mike Wilson

Jerry L Canfield David M. Glover Gail Marthc\vs Louis L Ramsay Jr. Willian, R. Wdson Jr.

Douglas M. Carson Ray A. Goodwin Srephen A. MarmC\VS Richard L Ramsay Teresa M. WinelandDaniel R. Carter Albert Graves Sr. Ronald A. May Brian H. R.1tcliff Carolyn B. Wimerspoon,Robert M. Cearley Jr. John C. Gregg S. Hubert Mayes Jr. Gordon S. Ramer Jr. Tom D. Womack

Jack S. Cherry Jr. Ronald L Griggs Herbert H. McAdams 11 Thomas Ray Marsha C. Woodruff

Sandra Wilson Cherry David K. Gunn Edwin N. McClure Elron A. Rieves III Henry Woods

William M. Clark Jr. Michael E. Hale Bobby McDaniel Charles B. Roscopf Robert R. Wrighr 111

H. Murray Claycomb Donis B. Hamilton James H. McKenzie Charles D. Roscopf Damon Young

John R. Clayton Frank S. Hamlin Toney D. McMillan Kent J. Rubens Paul B. Young

Ralph M. Cinar Jr. David M. Hargis JackA. Mc ulry John L Rush Robert E. Young

Randy Coleman David K. Harp Russ Meeks Donald S. Ryan

Robert C. Compton Kennem A. Harper H. Maurice Mirchell Charles L Schlumberger

Barry E. Coplin Ron D. Harrison Michael W. Mirchell Don M. Schnipper

Ben Core Dave Wisdom Harrod Sandra B. Moll Isaac A. Scort Jr.

Nate CouJcer Richard F. Harfield Margarer E.W Molleston John S. Selig

Steve R. Crane William D. Haughr T. Ark Monroe Frank B. Sewall

Hugh E. Crisp Brad L Hendricks James M. Moody Dennis L Shackleford

Michael A. Crockett Sam T. Heuer Harry Truman Moore Stephen M. Sharum

Vol. 37 No. 21Spring 2002 TI,e Arbnsas La"Yer 29

Cli Cl I U I CI I Cl I CLI (I I (I I (II

Arkansas Bar AssociationCLE Calendar

(Psst...). . . The ArkansasBar Association

wants you to knowwe're just a click

away.

www.arkbar.com

Legal Info Links· Arkansas

Veterans Handbook. Disaster

Legal Assistance. High School

Mock Trial Program. Senior

Citizens Handbook/CareGivers

Guide

THE ARKANSAS BAR

AsSOClATIO

A TRADITION OF

PROFESSIO ALISM A D PUBLIC

SERYlCE

May 2002

May 16-186TH ANNUAL JOINT ENVIRONMENTAL

LAw CONFERENCE

Inn of the Ozarks,Eureka Springs, AR

lune 2002

June 12-15ANNUAL MEETING

Arlingcon Horel,Hot Springs, AR

June 24-28BEST OF CLE

UALR Bowen School of Law,Little Rock, AR

September 2002

September 20SECURITIES LAw

Little Rock, AR

October 2002

October 4TORT LAw

Little Rock, AR

Ocrober 24C A

Clarion Inn,Fayetteville, AR

October 2002

Ocrober 25FALL LEGAL INSTITUTE

Clarion Inn,Fayetteville, AR

November 2002

ovember 7-9BRIOGING THE GAP

Little Rock, AR

November 224TH ANNUAL

GOVERNMENT PRAcnCE INSTITIITE

Lirtle Rock, AR

December 2002

December 6FEDERAL PRACTICE INSDTUTE

Little Rock, AR

Seminars scheduled forMay appear on the

Arkansas Bar Association web site,www.a.rkbar.com

(50 I) 375-4606(800) 609-5668

30 The Ark.nsas Lawyer WMV ar1<lJarcom

For more infonnatioD. contact Virginia Hardgrave, Arkansas Bar Association, 800-609­5668,501-375-3957, yhan!&fllye@arkbar.com OR CHECK OUT THE CLE PAGE at

www.arkbar.com

DON.T BE LEFT

OUT!

For more information,

contact

Barbara Tarkington

at 501-375-4606 or

btarkington@arkbar.com

ELECTRICAL ACCIDENTS

Paul D. Mixon, PhD., P.E.Engineering Consultant

P.O. Box 3338State University, AR 7467

(870) 972-2088 (870) 972-3948 FAXpmixon@navajo.astate.edu

Electrical Accident Investigation and Analysis,Contact Cases and Electrocutions, Electrical Injuries,Property and Equipment Damage, Electrical Fires,Safety Codes (NEC, NESC, ill), Expert Witnessing forPlaintiff and Defense Related Cases.

Vol. 37 No. 21Spring 2002 The Arkansas la'ryer 31

Judicial Advisory Opinions

February 21, 2002

William W. BemonF. Wilson Bynum, jr.james L. Williams, IIjames L. Hall

RE: Advisory Opinion # 2002-03

Gentlemen:

This committee has been asked whether ajudicial candidate for Circuit Judge maydescribe himself in his campaign materials,advertisements and publjc statemenrs as"judge". when he has served for the past sixyears as a parr time city judge. The positionof city judge is an appointive. rather thanelective position.

The Code of judicial Conduct views acity judge as a Continuing Parr-time Judge.who is required to comply with mostprovisions of the Code. See AppLicationSection (B). The Code bars a judicialcandjd3rc from knowingly misrepresenting"the idemiry. qualifications, presem positionor other faCtS concerning the candidate or anopponent." Canon 5(A)(3)(d)(iii).Regardless of whether the candidate isappointed or elected. fuJI time or parr time,he is a judge. Accordingly, we condude matthe Code does nor bar him from describinghimself as a "City judge" or a "judge" in thecampaign. The term does not misrepresenthis present position. It does nor suggest he isan incumbent; it does nOt urge his re­election.

We are aware of Ark. Code Ann. 7-7-305which states mat a person may use me preftx"judge" in an election for a judgeship only ifthe person is currently serving in a judicialposition to which the person has beenelected. However, that statute prescribes thename that will be used on the election ballot.The st3[ure does not purport to concrolcampaign advertising by judicial candidates.

We understand the potential electivedisadvantage to other judicial candidateswho may have been judges in the past,perhaps even to elective positions. Butbecause they are nOt presently serving as ajudge. the Code bars them from calling

32 The Arkansas Lm'Yer WMN 00<bar ron

themselves "judge." However, the Codepermits them to list their prior positions andtheir qualiftcations.

The Supreme Court could amend thelanguage of the Code or the comments to it.Likewise, the Supreme Court could provideconsistency by amending the Codeprovisions on campaign advertising to

correspond to the statute on ballot names.But it has not yet done so.

As we have stated in prior opinions, ourtask is not to rewrite the Code, but to

interpret its clear language. We concludethat under the language of the Code it is notmisleading for a city judge to describehimself or herself as "judge" in his campaignadvertising.

February 21. 2002

Carla D. Fuller, Esq.RE: Advisory Opinion # 2002-02

Dear Ms. Fuller:

You stated in your request for an AdvisoryOpinion dated january 15. 2002 that youwere an announced candidate for Circuitjudge. You stated that "Pursuant to Act1789" of an undisclosed year [which weinterpret to be Arkansas Code Annotated 7­10-103(c)-Alternative Ballot Access) youwould achieve having your name placed onthe ballot by petition of registered voters.You asked, "whether it would violate Canon5 of the Arkansas Code of judicial Conductfor me to personally solicit signatures for thispetition."

Canon 5C2 states: "(2) A candidate shall

not personally solicit or accept campaigncomributions or personally solicit publiclystated support. Your asking persons on anindividual basis and not as a group such asan social gathering, assembly, club or anyother organization, whether organizedformally or otherwise, to sign your petitiondoes not constitute soliciting publicly statedsupport. The key is approaching people onan individual basis to ask them to sign thepetition.

Reference to our Advisory Opinion No.95-04 mjght be helpful ro you.

March 15, 2002

The Arkansas judicial Ethics AdvisoryCommirree issued an advisory opinion toDoug Norwood, of Rogers, Arkansas,Special judge for Centerton Ciry Court. Herequested the opinion on behalf of a numberof special judges in the atea. judgeNorwood, and the other attorneys areserving as part-time judges in the absence ofjudge Rodney Owens. since judge Owenshas volumarily recused from hearing cases,pending the outcome of his trial on felonycharges. The attorneys are concerned thatthey may have a conflict based on judicialEthics Advisory Opinion No. 98-02.The opinion states that while theCommittee recognizes the exigency of thecircumstances outlined in Judge orwood'sletter. they find nothing in the Code ofjudicial Conduct or relevam case lawdistinguishing continuing pan-time judgesfrom part-time judges serving temporarily,albeit indefinitely. Nor do they believe theappearance of impropriety may be CUted byw3..lver.

The Committee referred to AdvisoryOpinion o. 98-02 which notes that theconcurrent practice of law and judicialservice are prohibited under Canon 4G, butthat exception is made for continuing part­time judges under Section B of theApplication section of the Code. TheCommittee pointed Out mat while the CodestOpS short of an outright ban on thepractice of law by part-time judges, dearlyrestraint and caution are called for. In thatcontext, the Committee cited Canon 2 andconcluded:

[Aln individual who accepts theposition of a continuing part-timejudge places the judicial office firstin service and priority, and certainrestrictions must follow. It is, theCommittee believes, self evident

that a municipal judge who isengaged in an adversarial role

opposing a prosecuting attorney ina criminal case brought by the Stateand who presid over proceedingsinvolving that same prosecutingattorney is in an unrenableposition, however principled thatindividual may be. Acting as both

ludici:J! Adviso~y Opinions

judge and jury, rhe municipaljudge has significant discretion indealing with the prosecutinganomey.

DON'TBE LEFT OUT!www.arkansasfindaJa.!).Cr.com

For more information, contact

Barbara Tarkington at 501·375·4606 or bwkington@arkbar.com

is pleased to announceJohn P. Talbot

Has become a member of the firm

THE LAw FIRM OF

BRIDGES, YOUNG, MATTHEWS & DRAKE PLC

To oppose that same anomer inanother matter creates anappearance of impropriery. TheCommittee concludes, as have amajority of other jurisdictions.that license must yield to ethic,where, in the perception ofreasonable minds, the ability ofmunicipal judges to carry outtheir responsibilities withinrcgriry, competence andimpartiality could be impaired. Itfollows that the initialresponsibilicy rests on themunicipal judge to decline thepersonal representation of acriminal defendant in any circuitwithin which the prosecutingattorney has jurisdiction.

February 22, 2002

The Arkansas judicial Ethics AdvisoryCommicrce issued an advisory opinion toCircuit judge candidate j. Leon johnson ofLittle Rock. He requested an opinion as towhether a candidare for Circuit Judge can siras a Star Panelist at the United NegroCollege Fund Annual Telethon (UNCF).The UNCF telethon requires each panelistto call upon its friends and associates andask that they make a pledge or donation to

the UNCE It is nor a politicaJ event and hewould not be identified as a candidate forCircuit Judge. and there would be nosolicitation of voting by the UNCE

The opinion states that Mr. Johnson isnot prohibired under the Code fromparriciparing in the evem. The fund-raisingactivities he described are expresslydisallowed under Canon 4C3(b)(iv);however, Canon 4 applies to judges ratherthan judicial candidates. Judicial candidatesare covered under Canon 5, which containsno similar restriction.

F. G. Bridges (I 866-1959)

Frank G. Bridges, Jr. (1906-1973)

Paul B. Young

Stephen A. Matthews

Ted N. Drake

Joseph A. Strode

Jack A. McNulty

Terry F. Wynne

315 East Eighth Ave.P.O. Box 7808

Pine Bluff, AR 71611870-534-5532

www.bridgesplc.com

James L. Moore. III

Michael J. Dennis

David L. Sims

R. Scott Morgan

Jefftey H. Dixon

Cary E. Young

James C. Moser, Jr.

John P. Talbot

Cathetine C. Lewis

Vol. 37 No. 21Spring 2002 TI,e Arkansas Lawyer 33

Lawyer Disciplinary Actions

The lAwyer Disciplinary Action Summariesare written aruJ provided by the SupremeCourt of Arkansas' Committee onProfessional Conduct. The completeopilliom since July 27, 2001 are availableon tbe Inunlet at:http://courts.state. flr. mlcourts/cpc_decisiolls

.html. Full-text paper copi" ofall attorneydisciplinary decisions are availablefrom theOffice of the Ckrk of the Courts, JusticeBuiUJillg, 625 Marshall Street, Littk Rock,72201, at a fcc of50 cmts per page.

Benton, Arkansas, epe o. 2001-040.The complaint from Special ProsecutingAttorney Lona McCasdain alleged attorneyrepresented William Hill in a DWl case inBryant Municipal Court. After a "nocontest" plea. Hill had Baxter file a noticeof appeal and the proceedings were certifiedfor filing in circuit court. The record wasfiled three days toO late in circuit court. andthe prosecuting attorney's office successfullymoved to have the appeal dismissed asbeing untimely filed. Reprimand ovember13,2001, for violating Model Rule 1.3.

J. D. Moon, an attorney. and his counselSteven Jackson. complained thatrespondent auorney agreed to collectdelinquent accounts of Moon on acontingency fee arrangement bm neverreduced the fee agreemenr to writing. as shesaid she would. They claim attorney did notprovide status reports, return files orprovide a full accounting of funds collected,as requested by the clienr and later by hiscounsel. Attorney dispUted many of theassertions of complainants. ReprimandFebruary 19, 2002, for violaring ModelRules 1.4(a), 1.5(c), 1.15(b), and 1.16(d).

SUSPENSION:

RANDALL WAYNE DIXON, Bar No.83052, Dardanelle, Arkansas, epe No.2001-147, was placed on immediateinterim suspension by Committee Orderfiled December 28, 200 I, on allegations ofserious misconduct involving alleged tiilureto properly represenr clients, failure toappear in coun, failure to communicate asenlemenr offer, and multiple violations ofprovisions relating to his attorney trustaccount and accounting for client funds.Model Rules implicated are: 1.1, 1.2(a),1.3, 1.4(a), 1.4(b), 1.15(a), 3.4(c), 8.4(a),8.4(b), and 8.4(d).

JAN ROSE CROMWELL, Bar o.75024, Fort Smith, Arkansas, epe o.2001-095. Judge Jim Spears filed acomplaint alleging anorney failed ro appearfor a scheduled court hearing, and thenoffered an unusual explanation for herabsence when brought to court later by hisbailiff.

Attorney responded that she must havebeen confused due to lack of sleep from casepreparation when she gave her explanationto the court, and she apologized to thecourt and the Comminee.

Her conduct was found to have beenprejudicial to the admininracion of justiceby causing delay in the resolution of hercourt matter. Reprimand February 25,2002, for violating Model Rules 1.3 and8.4(d). Attorney's concurrent petition forvoluntary transfer to inactive stams wasapproved by the Committee.

DONNY GENE GlLLESPIE, Bar No.61010, EI Dorado, Arkansas, epe No.2001-080.

According to a Per Curiam of May 10,2001, attorney was counsel of record forDennis Burnett on a criminal appeal. Thenotice of appeal was timely filed, butattorney failed to perfect the appeal bybringing up the remainder of the recordnecessary for the appeal, even after beingdirected to by the Cout(. Attorney failed to

get an extension of time to file the recordbeyond the initial ninety (90) day limit,failed to file a motion for belated appeal asdirected by the Court, and caused delay inthe orderly processing of his client's appeal.Attorney failed to respond to theCommirree's complaint. ReprimandJanuary 16, 2002, for violating ModelRules 1.3, 3.4(c), and 8.4(d).

REPRIMAND:

Accountant/Economic Analysis

Court-Appointed. Regular Court Appearances

ANN C. DONOVAN, Bar No. 78043,JIMMY RAY BAXTER, Bar No. 78012, Fayetteville, Arkansas, epe No. 2001-057.

11510 Fairview Road, Suite 100Little Rock, AR 72212-2445

Phone: (501) 221-9900Fax: (501) 221-9292

email: schwartz@busvalu.com

• Business Valuations

• Personal Injury Damage Analysis

• Divorce (Property & Child Support Issues)

Richard L. Schwartz

Certified Public AccountantCertified Business AppraiserCertified Fraud Examiner

M. JOE GRIDER. Bar No. 96109,PocahOntas, Arkansas, epe No. 2001-020.

The complaint arose from informationmade available from criminal matters infederal coun in United State v. George" iek" Wilson et al. in 2000. Mr. Griderwas a new attOrney, practicing with hisfather, and paid with public funds forwork allegedly done for the srate childsupport enforcement agency. He wascharged with conspiracy to commit mailfraud in the criminal case, but reached apre-trial diversion agreement by which allcharges wete dropped, he testified, and hebecame liable for an amount of lossattributable to his actions in the matter.Attorney responded that he prepa.red

L.. ....J billing statements on instructions from

34 TI,e Arkansas Lawycr WNNaMJar.com

Lawyer Disciplinary Actions

Available at www.lawcatalog.com and 1-800-537-2128 x9300

On Trial:Lessons from a lifetime in the cow·o·oomby Henry G. Miller

his father. Attorney offered to consent to

discipline, admitted his conduce insubmitting false time sheets to the Office ofChild Suppore Enforcement violared ModelRule 8.4(c) and accepted a Reptimand withtwenty-four (24) months probation, whichOrder was filed November I, 200 I.

JAMES PROCTOR MASSIE, Bar No.75084, Little Rock, CPC No. 2001-082. Acomplaint from Circuit Judge John Pleggealleged arrorney failed to appear for ascheduled jury rrial in June 2001 in acriminal case. Anomer consemed todiscipline. and accepred a Reprimand filedFebruary 25, 2002, for violaring ModelRule 8.4(d). Attorney's concurrent petitionfor voluntary transfer to inactive status wasapproved by the Commircee.

OSCAR STILLEY, Bar No. 91096, ForeSmith, Arkansas, CPC No. 2001-060. APer Curiam issued March 22, 2001, referredthis matter to the Comminee, onallegations attorney had proceeded in acertain civil appeal (Hubbs) after a decision,

in another of his appeals (Henson), of thesame court four months before on the sameeype suit against his position, a frivolousposition to take. Anomer responded matthe court had still not answered the centralquestion he raised in the second suit.Reprimand November 13, 2001, forviolating Model Rules 3.1, 3.4(c) and8.4(d).

CAUTION:

MARQUIS E. JONES, Bar No. 74089,Little Rock, Arkansas, CPC No. 2001-113.

The complaint of Courtney Wallsalleged attorney filed a petition for probateadministration with will annexed on behalfof an illegitimate daughter of complainant'sfather. Compla.inant later filed [0 probate awill that did not acknowledge theillegitimate daughter or provide for her.Attorney failed to file a required inventoryin his probate proceeding and failed torespond to discovery requests in theproceeding filed by complainant. The courtlater admitted the second will, finding itrevoked the one filed by attorney. Theattorney thereafter allegedly filed pleadings

not provided for by law and engaged infrivolous tactics designed [0 cause delay inthe probate proceedings.

Attorney is alleged ro have failed toproperly and timely comply with courtorders regarding accounting for reoc fundshe received from estate property. Anorneydisputed the allegations, and asserted hevigorously represented his client. TheCommittee found anorney filed moeionsand asserted positions with no basis in lawfor support; that his tactics were dilatoryand designed to unnecessarily frustrate theopposing party; that he disobeyed a COUf[

order by failing to timely deposit estatefunds in the court registry; that he failed to

timely respond [0 discovery; and that hisconduct caused unnecessary delay to theadministration of justice. ReprimandFebruary 27, 2002, for violating ModelRules 3.1, 3.2, 3.4(c), 3.4(d), and 8.4(d).

PATTY ANN LUEKEN, Bar No. 89161,Little Rock, Arkansas, CPC No. 2001-019.Attorney advertised brieRy on her law firmwebsite that she was "the only board­certified family law specialist in the state ofArkansas," and "1998 - Certification inFamily Law (only Board Certified FamilyLaw Specialist in the state of Arkansas."Attorney is certified in family law by theNarional Board of Trial Advocacy, butArkansas does not recognize a famjJy lawspecialization under the current ArkansasPlan of Specialization. Caution January 16,2002, for violating Model Rule 7.4(c).

REGINALD SHElJDN MCCULWUGH,Bar No. 85102, Little Rock, CPC No.

-

2001-073.A Per Curiam order of July 9, 2001,

granted a motion for rule on the clerk forMark Latta, attorney's client, for whomattorney admitted responsibility for failingto timely file one of two criminal appeals.Attorney accepted responsibility before theComminee. Caurion January 25, 2001, forviolating Model Rules 1.3 and 8.4(d).

KIRBY RIFFEL, Bar No. 71 065,Pocahontas, Arkansas. CPC No. 2001-002.In late 1999 complainant Harvey Beasleydiscussed wi th attorney possiblerepresentation on an appeal from circuitcourt of a DWl-2 jury conviction. A sum ofmoney, characterized either as a fee or as aretainer for anorney to review the rue andtranscript to see if representation would beundertaken, was paid, the transcriptordered and reviewed by the attorney.Notice of appeal was filed by the originaltrial counsel in the circuit court, notrespondent attorney. Respondent attorneyeventuaIly decided not to handle the appeal,but did not return the transcript and notifyMr. Beasley of this decision not to acceptemployment until several days after thetime for lodging the record in the appellatecourt had expired. Attorney asserted he hadno responsibility, as he never was counsel ofrecord. Caution December 27, 200 I, forviolating Model Rule 8.4(d).

STUART CARL VESS, Bar No. 73124,North Little Rock, Arkansas, CPC No.2001-078. A Per Curiam issued Ocrober 4,200 I, stated attorney filed a timely noticeofappeal for his criminal client but failed to

Vol. 37 No. 21Spring 2002 The Arkansas L3I')'er 35

Lawyer Disciplinary Actions

perfect the appeal. Attorney responded bystating his c1iem was incUgenr. could nor payfor the transcript, and char the transcriptwas prepared once the diem was foundindigent. However, 3cwrney was notnotified by the clerk that the record wascomplete until the filing deadline hadpassed. The court directed atrorney to getthe record filed. Attorney admitted to theCommince if was his responsibiliry, ascounsel of record, ro get the record timelylodged. Caurion Februaty 27, 2002, forviolaring Model Rules 1.3, 3.2, 3.4(c), and8.4(d).

DANIEL E. WREN, Bar No. 90096, LittleRock. CPC No. 200 I-I 16. A complaint byPhillip Wilson alleged attorney sent asolicitation letter [Q a workers'compensation cl.iem of Wilson, indicatingthe recipienr received the lener because thefirm sent them "co nearly all persons whohave recem open Workers' Compensationclaims. The Comminee found the lenerfailed co properly disclose how the attorneyobtained the information that the recipienthad a case at me Workers' CompensationCommission. Cauejon February 25. 2002.for violating Model Rule7.3(d).

DON'T BE

JackDavis

SidMcCollum

I

BobHornberger

NC

FrankHamlin

LEFT OUT!www.arkansasfindalawyer.com

For more information)

contact Barbara Tarkington

at 501-375-4606 or

btarkington@arkbar.com

36 The Ark"nsas L"'Y)'er WWN ar1<bar com

500 President Clinton Avenue, Museum Center, River LevelLittle Rock, AR 72201

501-376-2121

1104 South Walton Blvd., Suite 8, Bentonville, AR 72712479-271-2237

423 Rogers Avenue, Suite 101, Fort Smith, AR 72902479-783-1776

Old Dog

Articles of Incorporation

The lXldersigned ecting as Incorporators 01 a cOl'J)Ol'atioo IXlder theArkansas Business Corporation Ad (Act 958 d 1987), 8dopt thefolawing Articles 0' h:orporetion of such CorporBIJon:

First: n. nlm••f •• c..,.,.tl." Ie:

IAOM_..wtc-.-t:bt ... OCoop....·.·r..,orpox..".."C~.°x-..fI'.lIItbo~ "Corp,', Ow.', "Co~· Of 'Uf.0 Dr""III .......... flllliA1IIpOlt.-eber .........

New Trick

Now, there is a faster, easier way to filecorporation documents in Arkansas.

The Online Filing System for Corporations, or OFS, was developed by theSecretary of State's office to promote electronic government in Arkansas.OFS is available 24 hours a day, 7 days a week, making the task of filing

corporations documents convenient and maybe even fun!

Here is a just a sample of what's available:

• Articles of Incorporation for Domestic, Foreign, LLC, and Non-Profit Entities

• Registration of a Fictious Name for Domestic, Partnership, and LLC Entities

• Registration of a Corporate Name for Domestic and Foreign Corporations

• Domestic Corporation Franchise Tax Registration

www.sosweb.state.ar.us© 2001, Information Network of Arkansas. www.accessArkansas.org

PROTECTING YOUR PERSONAL RELATIONSHIPSBy Standish McCleary

Reprinted by permission of the American Bar Associarion from GP Solo, July/August 200 I, Volume 18, Number 5

When she stopped crying. she explained

that she was acruaJly very touched and

pleased co have her husband finally listenand show some understanding. He replied

chat he chought he always had understood

her, at least intellectually. and that perhaps

they expressed their feelings of

understanding and caring differendy.Indeed, they did have different

communication styles. and they struggled to

reach each other despite their many

differences. not the least of which were

gender and profession. He was a lawyer. and

she was not. Neither was crazy or wrong,

bur bom were handicapped by their stylistic

constraints and hun by misunderstood

intentions. They were ultimately able to

accept these differences. make adjustmentswithout taking or casting inappropriate

blame, and create a satisfying, closerelationship. It could just as easily have

ended quite sadly.Achieving closeness with Others is nOt

only a wonderful aspect of life's richness, it

also provides relief from excessive stress andburnout. Lawyers, however, can unwittingly

undermine close relationships if they bring

home with them an adversarial turn of

mind, especially the desire to dominate

information and never acknowledge error or

uncertainty.

Our intellectual, focused, hard-driving,

emotionally distam work style can be

counterproductive and even resented at

home or in a significant relationship. We

ratchet ourselves down to stay on task and

meet our responsibilities, and we are taught

to keep our minds unclouded by emotion inorder to do our jobs. Such emotional

distance can become excessive, even

destructive, far more easily than we realize.

38 TI,e Arkansas Lawyer WM'V.arl<barcom

Making the transition between work and

home can be an interesting proposition. We

are certainly prepared to analyze, sort our,

and give the benefit of our analysis to

whatever problem we see presemed for

solution. Bur suppose our significant other

is more interested in first talking about

feelings, being understood emotionally, or

having some unconditional empathy and

support. Can we discern the difference? Are

we willing ro do it and restrain our urge to

assess, solve, advise, and conclude? If we

wish to respond empachetica1ly and talk

about our own feelings, are we able to do it

appropriately? If we are part of the issue, can

we get past feeling defensive and launching

a poinr-by-point defense?I recall, many years ago in marital merapy

with my (rhen and present) wife, insisring

that my poim of view was much morereasonable and valid than hers. It didn't

seem to me to be simply a matter of my

feelings; I insisted mar any 12 people ofT thestreet would agree with me, as if that should

somehow settle it. I wanted objective

validation for my views. Things improvedgreacly only when I realized that I didn't live

with any of my imagined juries and judges,

and, thus, they really didn't matter.

How can we learn to leave our

intellectual, emotionally distant professional

style in the office? How can we exchange our

highly focused, if not rigid, work style for

one suitable for communicating with the

people we love?

life Is Not a Cross-ExaminationSuppose you have spent the better part of

a hypothecical day dealing with an

Continued on Page 46

Achieving closeness with

others is not only a

wonderful aspect of life s

richness, it also provides

relief from excessive

stress and burnout.

Wright, Lindsey&Jennings LLP

IS PLEASED TO PRESENT EW PARTNERS AND ASSOCIATES

(seated/to r: Scottlrby, Erika Montgomery, Tad Bohanlloll. Holly Adee;

standing Ito r: Michelle Kaemmerling. Chuck Dougherty, Sea" Hatch)

PARTNERS

C. TAD BOHANNO

Taxatioll (tax-exempt financing, corporate, antI partnership); real eSlate; corporate finance Gnd

securities; general business; and regulatory aviation Jaw

J. CHARLES DO GHERTY

/1J1elleClUal property, including patetlls, copyrights, trademarks, trade secrets, unfair competitioll, and related Iirigm;ol1

M.SEA HATCH

Mergers. acquisitions. and divestitures; corporate finance and securities; vell1ure capital, strategic

partnerships and joint ventures; commercial transactions; and general corporme matters

ASSOCIATES

MlCHELLE M. KAEMMERUNG, ERIKA ROSS MO TGOMERY,

SCOTT ANDREW rRBY, and HOLLY A. ADEE

200 West Capitol Ave., Ste. 2200

Little Rock, Arkansas 72201-3699

(50 I) 371-0808 www.wlj.com

320 North Rollston, Ste. 102

Fayetteville, Arkansas 72702-1306

(479) 575-0808

The Nation's most widely used Real Estate Settlement Systemnow ollows you ta take advantage of

E-Sign and the Uniform E/echon;c Transaction Act

,. ".it_H~ the peniel 0/1" firsc,." ...... IMftunto.. lhdr hancb Ifld _I, 1M 5411Illy oIJ....ry. 1101

Siped, scakd -.d ddi__C'd ill thepr~ ofUII;

x

x"" ..IMnJ _ a__ II'IiII'tI _ 17111

111 ISS

, .....Irwn _ 17n1"""

"-'&Tmh

I,c­o

Sign the HUD and other documents on your computer just like paper.Organize your documents in folders just like paper manila folders.

Simple and Easy. Take advantage of UETA todayll

.. ,••.: ...

1402 Royal Palm Beach Blvd., Building 200Royal Palm Beach, Fl 33.411

1·800·937·2938http://www.lancitechclata.colII

• Graphical HUO/HUO·] Aand Closing Statements• Full Automatic Calculations and Prorations• Visually Guided 0010 Entry - View Multiple Forms - Fast• Checks, Disbursements and Full Trust Accounting• Complete] 0995 Reporting• Generates PDF and TIFF Files for Email and Archive• Holographic Signatures - Uses Popular Signature Tablets• Digital Signatures .. Encryption/Decryption• Full Annotation Tools• Works with All Applications - Microsoh Word / WordPerfect• Full Storage Management with the Landtech Digital Manager

.. ','• •

REQUIREMENTS,P"",m pc. Wiodows 98!ME!NT/2rxxJ!XP64 M8 Rom, 50 M8 [lsk Spoc. +Growth,Pen Tobleb: WACOM Grophire 2, WACOM Intuos, A1PT£K Hyper Pen 6000U

PUBLIC NOTICEAPPOINTMENT OF U.S. BANKRUPTCY JUDGE

The United States Court of Appeals for the Eighth Circuit seeks applications from all highlyqualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for theEastern and Western Districts of Arkansas. The position is headquartered in Fayetteville,Arkansas.

The vacancy will occur on January 1, 2003.

The basic jurisdiction of a United States Bankruptcy Judge is specified in Titles 11 and 28,United States Code, and amendments thereto. To be qualified for appointment, an applicantmust:

(1) Be a member in good standing of the bar of the highest court of at least one state, the Districtof Columbia, or the commonwealth of Puerto Rico, and a member in good standing of anyother bar of which they are members.

(2) Have been engaged in the active practice of law for a period of at least five years (somesubstitutes authorized);

(3) Possess, and have a reputation for, integrity and good character; possess, and havedemonstrated, a commitment to equal justice under the law; possess, and have demonstrated,outstanding legal ability and competence; be of sound mental and physical health sufficientto perform the essential duties of the office; and indicate by demeanor, character, andpersonality that the applicant would exhibit judicial temperament if appointed; and

(4) Not be related by blood or marriage to a judge of the Eighth Circuit Court of Appeals, amember of the Eighth Circuit Judicial Council, or to a judge of the district court to be served,within the degrees specified in 28 U.s.c. 458, at the time of the initial appointment.

A Merit Selection Panel will review all applications and recommend to the United States Courtof Appeals for the Eighth Circuit, in confidence, persons considered to be best qualified.Appointment follows an FBI and IRS investigation of the candidate chosen by the court ofappeals. The current annual salary is $138,000. Applicants shall be considered without regard torace, color, age, gender, religion, national origin or disability.

Application forms may be obtained from the Clerk of the U.S. District Court in Fort Smith andLittle Rock, Arkansas; the Clerk of the u.s. Bankruptcy Court in Little Rock, Arkansas; and fromthe Circuit Executive's Office in St. Louis, Missouri (314-244-2600). Applications should besubmitted only by the applicant personally and should indicate the applicant's willingness toserve if selected. Applications should be submitted to Ms. Millie B. Adams, Circuit Executive, 111South 10th Street, Suite 26.325, St. Louis, Missouri 63102-1116, and must be received by May 30,2002.

The U.S. Courts are equal opportunity employers.

J.S. Brooks Jr.J.5. Brooks Jr., 87, of EI Dorado, died

Thursday, January 31. He graduared fromthe University of Arkansas Law School in1937 and practiced law in EI Doradobeginning that year. He was a member ofthe Union County and American BarAssociations and was a U.S. Magistrate inU.S. District Court, Western District ofArkansas, EI Dorado Division from 1971 to1987. He served as a Special Justice ro theArkansas Supreme Court on three separateoccasions. As a member of the Arkansas BarAssociation. he served on the AmericanCitizenship Committee, the GroupInsurance Plans Committee and on theCreditors Righcs Comminee.

Mr. Brooks was a member of the EIDorado City Council for twO ternu andpresident of the E1 Dorado School Board.He was also president of the EI Dorado Golfand Countty Club and the EI DoradoKiwanis lub. He was an officer, directorand anomey for First Financial Bank, whichhis father helped organize.

Survivors are his wife. Bess SampleBrooks of EI Dorado; a son, John SamuelBrooks 111 of Hollywood, California; twO

daughters, Elizabeth Brooks of Memphis,Tennessee and Meredith Brooks ofFayetteville; and one stepdaughrer.Dr. Susan Mercer of Little Rock.

George P. Collier Jr.George P. Collier Jr., 73, of Germantown.

Tennessee, died December 8. He was amember of the Arkansas. Tennessee,Memphis and Shelby County BarAssociations and was a SpeciaJ Judge for theShelby County Probare Court. He servedon the Arkansas Bar Association's GroupInsurance Plans Committee and washonored in 2001 for 50 years of service tothe Association.

Survivors include his wife, atherine S.Collier; three daughters, Catherine CollierStallings, Emarie Collier Spradlin and JoanCollier Barham, all of Memphis. Tennessee;one son, George P. Collier 111 of Memphis;and six grandchildren.

H. Zed GantH. Zed Gant, 87, orVan Buren, entered

inco rest January 13. He was among the firstuniversiry-trained lawyers in Crawford

42 The Arkansas Lalryer VWIIWG¥I<bar ron

In MClllort.l1ll

County. "College-educated lawyers wererare" when Mr. Gant entered the profession.according [0 his son, Paul Cant. also alawyer. Many lawyers "rook some coursesand took a test." He sold eggs for spendingmoney before graduating from theUniversity of Arkansas Law School inFayetteville. He practiced for 40 years at theGant and Gam Law Office in downtownVan Buren, was a former Chancery Judgeand a 50 year member of the Arkansas BarAssociation. He was a member of theJudicial ominations Comminec: and theCommittee on the Mentally Disabled.

His career began as a practicing attorneyand deputy prosecuting anorney for thecounty. During World War II, he wasappointed an anomey with the WarRelocation Authority in Washington. Laterserving as a gunnery officer in the U.S.Navy, he retired from the aval Reserve as alieutenant commander. From 1947 to1973, Mr. Gant worked as a field attorneyfor the Veterans Administration. He wasappointed Chancety Judge for the 15thJudicial District in 1973. In 1976 to 1991,he served as Master-in-Chancery for the12th Judicial Disrrict, which formerlyincluded the 15th District.

"For the last quarter of his life, peopleJUSt called him Judge Zed. He was old­school in many ways," his son said. "He

believed in helping the down and out. Hehad a tremendous sense of duty.. _Thosewho didn't know he was a lawyer just calledhim that guy from the Baptist church."

He is survived by his wife, Imogene; adaugher Linda Beth Harwood of FortSmith; one son, seven grandchildren and 13great grandchildren.

Earl Wayne KrugEarl Wayne Krug, 41, passed away

December 30 at his home in Springdale,Arkansas. He was a pamer in the law firmof Harrington, Miller, Neihouse & Krugand City Attorney for the City of ElmSprings. Mr. Krug was admined to practicein Arkansas and Oklahoma and belonged tothe Arkansas and Oklahoma BarAssociations. He was past president of theComanche County Bar Association. Hegraduated from the University of OklahomaSchool of Law in 1986, practiced inOklahoma for 10 years before rdocating to

Springdale.Mr. Krug is survived by his parents.

Frank and Christel Reiner Krug, of BellaVista; his wife. Jeannie R. Mick Krug; twodaughters. Jessica and Christine all ofSpringdale; and by a brorher, Patrick Krug.of Fort Worth, Texas.

Richard S. PadenRichard S. Paden passed away on

November 3 at the age of 55. He receivedhis law degree from the University ofMissouri-Columbia and was a member ofthe Arkansas and Baxter County BarAssociations, the Arkansas Trial LawyersAssociation and the American Trial LawyersAssociation. Mr. Paden worked for theAttorney General's Office in 1976.

urvivors include his wife, Dawn, ofMountain Home; a son, Sean Paden ofCalifornia; a daughter, icole Paden ofCalifornia; a brother, Jon Paden and sister­in-law, Marie, of Ohio; a sister, Jill Paden ofNew Mexico; nieces and nephews.

Judge Charles A. Walls, Jr.Judge Charles A. Walls, Jr. died

December 17, 2001. He was a member ofthe Arkansas Bar Association recognizedwith the Distinguished Lawyer Award for 50years of practice, and serving on the DeskBook {now Form Book),Maritime Law andConstitutional Reform Committees. Hewas a Special Justice of the ArkansasSupreme Court and former city anomey forLonoke. He was appointed CircuitChancery Judge for the newly formed 17thJudicial District West.

Judge Walls was a descend"H of anArkansas pioneer famiy dating back to theRevolutionary War. He served as an officer

in the U.S. Army and the O.S.S. duringWorld War II and in the Judge AdvocareGeneral Corps representing the U.S. Armyin the Italian war criminal trials.

He sat on the Lonoke County QuorumCourt and the Lonoke School Board. Hewas a member of the Lonoke BaptistChurch where he raught Sunday School formore than 40 years and was a 32nd degreeMason.

In MCIllori31ll

Th< Arkansas Bar Foundation acknowkdg<J with grat<fUl appr<ciation th< r<aipt ofth< following m<moria~ honorarium and scholarshipconcributions r<aiv<d during til< p<riod ofD<c<mb<r 20, 2001 through March 31, 2002:

IN MEMORY OF J. S. BROOKS, JR.

Dennis and Jane Shackleford

IN MEMORY OF JUOGE H. ZED GANT

Ledberter, Cogbill, Arnold & Harrison,LLP

IN MEMORY OF JAMES MCKENZIE

Donis Hamilton-Winslow and Kate Drummond'"Mr. and Mrs. John Gill*Mr. and Mrs. Jack C. Deacon*Judi<h Gray'Don and Leslie Hollingswor<hJim and Sally MclartyAnn Dixon Pyle"Barbara Tarkington*Phil and Diane Carroll"Justice Annabelle Clinton Imber"Judge James Moody'Judge John and Marietra Suoud*Dr. Roberr R. WrighrJudge Susan Webber Wright

·Designated to the Horace H. McKenzieand James H. McKenzie Scholarship Fund,administered by me Arkansas BarFoundation.

IN MEMORY OF GORDON REYNOLDS

SAYLOR

Donis B. Hamilton

IN MEMORY OF RANDOLPH WARNER, JR.

Mr. and Mrs. Byron M. Eiseman

IN MEMORY OF JUDGE HENRY WOODS

H. David and Suzanne Blair*Phil and Diane CarrollMr. and Mrs. Murray ClaycombJudi<h Gray*Judge Robert and Ann DawsonJack c. Deacon*Winslow and Katherine Drummond*Judge John and Annis FoglemanDon and Leslie HollingsworthJustice Annabelle Clinton Imber"Virginia Mitchell·Judge James Moody'Hoyte and Ann Pyle*Jackson T. Stephens*Judge John and Marietta Stroud

William R. Overeon Inn of Coun.Pulaski County

Dr. Robert R. WrightJudge Susan Webber WrighrMr. and Mrs. Paul B. Young

*designated to <he Judge Henry WoodsScholarship Fund, administered by <heArkansas Bar Foundation.IN MEMORY OP JAMES B. SHARP

Phil and Diane Carroll

IN MEMORY OF BONNIE SHAVER

Charles B. RoscopfJudi<h H. Gray

IN MEMORY OF ROXANNE WILSON

Buzz and Cissie May

IN HONOR OF THE A.R!<ANSAS BAR

AsSOCIATION

Rebsamen Insurance Foundation

IN HONOR OF JUDGE MARy DAVIES SCOTI

FOR HER YEARS OF SERVICE AS A FEDERAL

BANKRUPTCY JUDGE

Judge Elsijane Trimble Roy

IN HONOR OF PHIL AND RUTHE KAPLAN

Patti Marks

SCHOLARSHIP CONTRIBUTIONSThe Arkansas Bar Foundation administersforty (40) named scholarship endowments.The Foundation expresses appreciation cothe foHowing donors whose designatedgifts CO various scholarship endowmentsassist law students in Arkansas with theirlegal education:Marcin and Betty Gilberc

Judith GrayJudge James M. MoodyDavid SolomonWilson & Associares, PUc.

BIRTHDAY, ANNIVERSARY OR

RETIREMENT CELEBRATION?REMEMBER, THE ARKANSAS

BAR FOUNDATION...

The Arkansas Bar Foundation receives

contributions in honor of individuals

on a regular basis. To make a donation,

the donor makes <he check payable to

the Arkansas Bar Foundation and notes

on the memo line or cover letter the

details of the honorarium ("in honor of

___" along with <he address for

the honoree). In cum, the Foundation

will acknowledge receipt. A letter will

be sent co the honoree advising him or

her of the contribution and who gave

the donation in his or her honor. Also,

a letter of thanks along with a receipt

for the donation will be mailed to the

donor. These contributions co the

Arkansas Bar Foundation are tax

deductible as a charitable gift for federal

income tax purposes. Honorariums are

listed quarterly in The Arkansas Lawyer

and the donor's name will be listed in

the annual report of the Foundation

which is available in June of each year.

CONTRIBUTIONS MAY BE

MAILED TO:

ARKANSAS BAR FOUNDATION

400 WEST MARKHAM

LITTLE ROCK, ARKANSAS 72201

For questions or further hifonnation,

call Ann Pyk at til< FoundAtion at

(501) 375-4606 or (800) 609-5668.

Vol. 37 No. 2/Spring 2002 The Arkansas la,')'er 43

In Memoriam

TRIBUTES IN MEMORY OF JAMES H. MCKENZIE

"\\'I'to should wish for every young Imuyer Ibn! he orshe could have a Jim McKenzie in their lift. Aprince among lIS, he exemplified what aIL lawyersshould seek to be in their proftsSional and pmonallives. we lolJ(d him lUell - rok motkl katkr, butmost ofa14 fiend. " - Sandra Wilson Cherry

... That Jim McKenzie honored our profession withhis presence should be a point ofpride for all ofus.That Ul( now adopt his standards a/honor. tkcencyand friendship should bt his kgary." - John C.Evererr

"All aspects of Jim McKenzie's lift were socompletely distinguished by excel/mce that once, innominating him for a bar association award. Itkscribed Jim as "knight in shining annoT" lindthllt is precisely how I wilL always remember him.OfJim's many talentJ. perhaps the greatest WIlS hisunique ability to !Lad by example and, in Ming so,impire those around him to wmlt to be more likehim. All ofus fortunt1le mough to hav~ bun hisfrimd will missJim grwry. "- Tom Ray

"Charaetn; integriry, acellence in all thingr. qui~t

demeanor, spiritual. studied, resp~ctfu/, courteous,afriend, "ptcially. a frimd -Jorll" H. McKmziebl~sud us by his ~xample. jim was myinspirational model for the professional andptT!onal goals voiced by Vince Foster in his lawschool address. And paraphrasing Vince, jimwould wish for all oflIS. a Betty.'~ Mac Glover

'Jim McKmzi( was a picture book lau;yer andgentlemaN ns was his &tddy before him. His d~nth

is a t~rrible loss to hisftmily. hisfiends, and to tb~

kgalpro/mioll. "- Bill Wilson

jim McKmzi~ wns truly a knight in shiningarmor; noble. courageous, faithful lJflliallt, andcompassionate. H~ has b~en a bkssing to hisfamily.community. our proftssion. and the clients heserved so well. jim showed us how to live, love. fircendvmity. and kttp tht jaith. If we art ,uise, wewill thank Godfor him and learn fom his lift. ­Wendell Gtiffen

EVf1l though he was younger in years, jimMcKenzie wns always a role modelfor m~. H~ didwith eas~ what I strain~d to do accomplish. H~ lISa great golfer, a t;"at lawyer, a great husband andfizther, and ~veryon~'s b~stfriends. I will sorely misshim. - U.S. District Court Judge James M.Moody

jim McKenzj~s~t high standardsfor us toftllow inthe arens of family, faith. profession andcommunity. He was a genuine gentleman and asup"b frimd - fred U=ry

He was an outstlmding InIUJ~r. He brought honorto hisfamily and his profession. It WIIS myprivilegeto know him and to call him Frimd I tried clISeswith him, against him, and as ajudge. H~ was awllrrior bllt a mlln who Iov~d p~ople. After a longdo)· in court, he wouldsimply smile lind say"! willsee you in the morning." just as Jim preparedforhis cases. h~ prepared for the filtur~, Pridoy hedidn't di(, I will s~~ bim soon, so Jim. I simply say"nt see you in th~ morning. .. - W. H. "Dub"Arnold, ChiefJustice Arkansas Supreme Coure

"Jim McKmzje was one ofthefinest tmvyers I haveron known, but more importantly. he WIlS one ofthe finest men Tbe ArkllllsllS Bar Association hIlSbad many aceLlent presidents, but I think be stoodju.st a little taller tban the rest of UJ. jim'semhusiasm and I~adership will be sorely missed ­John E Stroud, Jr., ChiefJustice Arkansas Courtof Appeals

jim McK~nzje and I were like brothers, havinggrown up tog~ther in Prescott during th~ 1940'sand J"O} and remaining close over the ensuingy~ars. In addition to being II rremuredfriend-lIShe was to me and many others - jim WIlS th~

lawyer that ~ach and every one oftts should aspireto be. jim was proud that he W/IS a !4wyer, like hisjat"'r and grandjath" bifort hilll. He held"lawyering" in high esteem, and he brought greatcredit to our profession. He caused othtT! /0 miseth~ir opinions of lnwym in gen~raL. U1wymeverywhere - and particulnrly w~ ArkansasIctlvym - how btlltJi{{eJgrwly from tht lift 0/

Jim McKenzie. He will b~ sorely missed, persoJll/11yandprofessionally - Martin Gilbert

I will neverforget jim McKenzie walking into myoffice at the Pulnski County Courthouse before theBar Association's annual meeting in june, /99J.At that meeting, jim would assume the presidencyof the Association and, not surprisingly. hadaLready decided on th~ /Imne of the J992 joimmeeting ofthe Arkan.sa.s Bar Association and theArkamllS judicial Cou11S~/: Th~ Promotion ofEthics in th~ l1gal Profession. And, when he nsk~d

me to serve lIS program chairfor the joint m~eting,

how could I refilS~ such a kind and honorable ,,"m?&CIlUs~ ofjim's commitmmt and vision, hisy~ar lISpresid~1lt of the Arkansas Bar Associationchalleng~d all Oftts, the &nch and th~ Bar, to focuson our ethical accoumability. I join th~ manyfriends and colleagues who are gratefid for th~

honor and integrity brought to Ollr profession byjim McKenzi~. - Juseice Annabelle ClimonImber

As my IBw parm" for 30 y~ars Jim hm been afiiend. a mentor and example for m~ to follow,both professionally and p~rsollally. His wisdom,understandingand imegrity eamed him the respectof ali with whom he d~alt. He was truly a"Lnwy"; Ln,vy"': who wns highly rtgardtd byboth the Bench and Bar. Our Profession andCommunity will miss his leadership and cOtlns~1

greatly - Glenn Vasser

I made an effort to come up with som~thing

appropriate. but after Martin Gilbert's commentsat tb~ urviu and the tvonder/ttl turnout for thefimeral ofjim and Betty's friends. anything thatI say would b~ wholly inadequate, but as I ptlttS~

at this sad time to ufkct on the good works ofmyfriend, jim McKenzie, I believ~ his love andcaring concern fOr oth~rs would cause him to saywith Ilpliftingjoy:

If I should ever leave you whom I loveTo go along the Silent Way, grieve not,

Nor Speak co me with tcars,Bur laugh and 'alk

or me as if I were beside you there.

Excerpt from poem "To Those I Love", - lslaPaschal Richardson for Dennis Shackleford

In MCnloriJnl

TRIBUTES IN MEMORY OF JUDGE HENRY WOODS

UEvery man owes some of his rime to theupbuilding of the profession to which hebelongs,"

- Theodore Roosevelt

If any Arkansas lawyer ever honored thischarge, it was Henry Woods. He wasdevoted to the law and to the Arkansas BarAssociation, serving with distinction as itspresidem for the 1972-73 bar year. Tharyear, the Bar had one of the most ambitiouslegislative programs in irs history.

One of the most important proposalsprovided for the funding of a first-class lawlibrary for the law school in Litde Rock. Inhindsight, it might seem that his legislationshould have sailed through the GeneralAssembly, but at that time, it took all handsand the cook to secure its passage. HenryWoods, as Bar President, pounded themarble at the Stare Capitol day after dayumil this pet project of his passed both theHouse and the Senate. He hand-carriedthe bill to then-Governor Dale Bumpersfor signamre. Without question.establishing the library fund played acritical pan in the success of this fine law

school.Over the years, Judge Woods was ever

available as a speaker and moderator forBar programs; and, despite an extremelybusy trial practice, then a heavy courtdocket, he always seemed to find time [Q

counsel young lawyers. He relishedinstructing neophytes in the art of trialpractice. There is hardly a trial lawyer inArkansas who doesn't have at least one

«Henry Woods" story about a time the

Judge assisted her or him.No one loved the annual bar meeting

more than Henry Woods. He missed onlya handful during his sixty-plus years at thebar - and his presence there became a

foregone conclusion. He was an institutionunto himself.

The disenfranchised always had anadvocate in Henry Woods. A signalexample is his leadership role in the majorcivil rights battles of the 50s, when it wasnOt only unpopular, but physicallydangerous, to oppose the forces of racismand hate. In 1989, as a federal judge, hestruck down Amendment 44 to theArkansas Constitution - the so-called"Interposition Amendment" sponsored bysegregationists in 1958.

In the 1970s, when the &jual RightsAmendment was being hotly debated,prominent male supporters were often hardto find. Henry Woods, however, againstepped front and center. He wrote andspoke in favor of the ERA; and oncedebated Phyllis SchlaAy, a well-knownnational opponenr of the ERA. before theArkansas General Assembly. He was astalwart in the cause of women's rights, anda great friend to women in the law.

"You have no enemies, you say.AJas, my friend, the boast is poor.

Those that mingle in the frayThat the brave endure,Must have made foes.

If you have none,Small is the work mat you have done.

You've smote no traitor on the hip;You've dashed no cup from perjured lip.You've never changed a wrong to right

You, my friend, have beena coward in me fight."

- Author Unknown

Henry Woods was, in fine, a champion

in the fight.

By Beth Deere and Bill Wilson

"'There were giants in the land in those days."

Hmry WOod!- was a giant in the courtroom as atrial Inwyer. H, was a giant on th, b"uh as ajudge. He was conversant with the philosophersofancient Grtece. the legal scholars ofancientRom' and th, Common Law ofEnglnnd andh"progroy. A stlldent ofhistory, h, was k,rolyaware andsensitive to the cause and the purposeof the American &volution and the centralimportane' ofth, InngUdg' in th, Prtambk toth, COnstitlitiOIl ofth, Ulliud Statts: "We thePeople of the United States in order to forma more perfect union establish justice ..."Henry believed that justice was what theUnited Sttltes ofAmerica was aI/about. Heunderstood that the purpose of the law wasjustic' and that th, qUdlity ofjustie' detronill"th, qllAlity ofth, so<i,ty ill which lilt liv,. Itwas Hroryspit to b, a Inwya alld a scholnr ofthe low. He is now a legend leaving anlIlIJllrpasstd kgal kgary ill th, history ofOllrstllte. - Governor Sidney S. McMath

III jlldg' Hrory Wood, death ollr stalt alld ollrprof"'ioll mlly loS/ a giant. His robllS/lov, ofth, Inw, and pmetiu of it, fOllollltd by hisremarkable tenure on the federal bench,""mpliji'd fOr ail of lIS th, tro, mtallillg ofprof"'i01U1lism. Sandra Wilson Cherry

Arkansas Bar Association President

On, ofth, highlights ofmy prof"'i01U11 liftwas "suffering" the aCCUSlltWn in the press ofb'illg a crollY of jndg' Hrory Woodr. Th,"accusation" ctlme upon my selection as a UnitedSlAttS Magistralt jlldg' and my tlSSociation withJudge WOod!- was suggestedas the pn·mary reasonthat I was "katd (Tht p"'" was eom:a intheir suggestion!) ~bsters Dictionary tkfines acrony as an "intimate companion" and I cansnftly SAy that O,It ofth,grtat bkssings in my liftwas hting a crollY ofjndg' Woodr.

jlldg' Woods' =narkabk ust fOr lift wasCOlllAgiOUS. His IIl1iqllt! bknd of illltika alldcommon sense is rarely found in people. Thecharacter trait which I most admired in him wasthat ht lrtaudailpropk with 'qUdI rnpm. Hisdoor was always open fOr a visit and someencollmgffl1£flt. regardless ofthe visitors positionorstatus. Obviously, he was a mentor and modelto me in discharging judicial responsibilities.bllt mort than that I klltw him as a loyal alldrocollmgillgfrimd U.S. Magistrate Judge

David Young

Vol. 37 No. 2/Spring 2002 The Arkansas UI\')'er 45

Continued from page 38

We need to stop and ask

ourselves what exactly we

have to lose if we accept

what we are being told as

essentially valid, relevant

emotional information.

Perhaps it is important

and worth suspending

defensiveness to hear. It's

easy to get defensive, but

once we do, we

essentially shut down

emotionally, interfering

with any genuine

understanding.

-o~, I '

46 TI,e Arkansas lawyer vwvw ar14Jar ':XJfT1

opponent's expert witness. Looking at howyou do mis provides one of the starkercOntrasts berween the discipline of doubt,

which you need for your work. and theability to suspend judgmenr, which youneed to nurture your relationships. Theexpert's views are an "admissible" form of

subjective opinion in the legal world.Indeed, it is one of me few occasions whereopinion means much at all, and even thenthe opinion is couched as factually andobjectively as possible. There are specificrules that govern the entire encoumer.

So on this hypothetical day, you havethus asked no open-ended quescions. norany questions to which you did nor alreadyknow the answer. You asked nothing unlessyou had a statement, document, or

incontrovertible fact with which to discreditthe expert if you didn't gee the specificallydesired answer. You extracted concessions to

your poinr of view; jumped on anyinconsistencies or contradictions; andanacked limits inherenr in the person's

experience, qualifications, preparation, orbias. You filtered what you were toldthrough a well-considered objective analysisof what was normal or reasonable, given thecase's particular objectives. You were dogged

and persistenr. You were great!You could also be a bit scary for anyone

else venturing into your line of fire with

mere personal subjectivity, such as a spouse,child, or loved one who may wam co talkwith you now that the day is finished. Wecan easily develop limitations in OUf abilityco listen uncritically and empathetically tothe loosely wrapped personal opinions,feelings, and musings of the regular peoplewe find when we go home. This isparticularly so if we manage co discern. inour Fatigued state, that someone seems cohave some kind of problem with...us. Ar this

point, lisrening openly becomes especially

challenging.We need to stop and ask ourselves what

exactly we have to lose if we accept what weare being told as essentially valid, relevamemotional information. Perhaps it is

important and worth suspendingdefensiveness to hear. It's easy to getdefensive. bur once we do. we essentiallyshut down emotionally, interfering with anygenuine understanding.

Do You Usten?Listening in order to understand is much

more subjective and narrative in oriemationthan the more customary listening we do toget factual information and sort it imouseful. abstract categories. Plausibility, thefull developmenr of the particulars ofpersonal experience in the story, individualmeaning. and inrerpretation are theappropriate considerations in a personalconversation. In the back of our minds,though, we may wonder if this is perhaps,ah ... fluff. In our more honest moments. wemay realize that personal listening is perhapsone of the most neglected parts of our lives.We forger ro lisren fully to our children andothers whom we love and, thus. fail to letthem in. Unless we listen, they can becomewizened in our presence, or mere caricaturesof themselves. We may know the facts. butwe won't know them. People who havegrasped this and changed their listeningbehavior reporr astonishment at the newrichness and texture of their relationships.They grow quieter, less critical. and morecomprehending. They come to know andappreciate more deeply those they hadthoughr they already knew. They speak ofhow much more love and how much lessstress there is in their lives.

When it is your rum in a personal

conversation. do you allow your true self tobe known. or have you been trained not to

speak personally? You might do benee seeingyourself as telling a story, your story, ratherthan framing an argument. Perhaps you willfind that speaking subjectively doesn't reallydiminish your point. Like hearsay rules.your personal feelings are nor being offeredto prove the objective truth of an assertionso much as for an indication of your state of

mind. This assumes that your state of mind.your emotional well-being, is a relevant

matter of consequence to the other personin a close personal relationship. If it isn't,

why bother?For many lawyers, it takes a paradigmatic

leap to reaJize that feelings 3re valid eventhough "merely" subjective, and perhaps

inconvenient, and that they really do notrequire justification or defense. That

realization alone will change the tone ofyour conversation. Lawyers have the

Continued on page 47

Continued from page 46

imeUeccual prowess and stam.ina to talkendJessly about aJl manner of things in

personal relationships. except feelings. Weshould also have enough good sense to

perceive, even in an utterly mystified way.that we somehow are not really

communicating meaningfully to ourparmers, or perhaps even ro ourselves.

Paying the PriceThe problem is not just legal training. We

live in a culture where long-standingauchoritarian. hierarchical styles ofparenting and teaching give us few modelsfor empathizing and expressing ourthoughtS and feelings subjectively. Perhaps,like many others, you gOt the idea fromvarious people you have encountered since

birth that anger, fear, sadness, uncertainty.

weakness, and orner messy or inconvenientfeelings were undesirable and unacceptable.Perhaps you long ago sacrificed concernwith that level of personal self in order to

please others or meet some prescribedagenda.

Every individual should be consideredthe world's foremost authority on hjs or herown point of view, thoughts. beliefs, and

feelings. In a personal discussion, thisinformation is indispensable. But we mayhave difficulty respecting and seeking to

understand it. It may seem safer tointellectualize very personal matters andreframe the discussion into how things"should" be; what most people do; what's

normal, reasonable, or legally or morallyright.

As with any other refuge, we pay a pricewhen it comes to our personal relatjonships.Afrer many years of such habits, we areunable to feel. lisren, or speak subjectivelywhen appropriate. All of these skills must berelearned. Ir may seem quire risky anduninviring ro get roo personal and

subjective. pan.icularly ifwe do not trust thevalidity of our own feelings.

Even if the feelings in question aresomeone else's, we may find ourselvespreferring to go immedjately to a practical

stance. We may prefer to somehow solve thesituation and advise upon it. rather than

first personally embrace it and provide

empathy. We may prefer to see personalsuffering as nearly always an avoidableproblem, rather than something of a

Every individual should be

considered the world's

foremost authority on his

or her own point of view,

thoughts, beliefs, and

feelings. In a personal

discussion, this

information is

indispensable. But we

may have difficulty

respecting and seeking to

understand it.

mystery to be experienced, accepted,grieved, and passed through. Keeping it allabstract and conceptual is one way to avoidgetting roo personally involved.

But if you wish to be more intimatelyconnected and supported in a closerelationship, this tendency to remainabstract and removed is an obvious barrier.

One thing that can make it easier to respectboth your own and your loved one's

subjective world is to be clear about howyou feel, what you value, and what youwant. You will find the rewards arc more

than worth the effort.

Standis" McCleary was an attorneyfor 16years before earning a Pb.D. inpsyc"ou.gy. He is a licensedpsychologist inprivate practice i" Portland, Oregon.

Arkansas' IstLegal Temp

Service

Arkansas finally has its first

temporary service for

lawyers. We are available 24

hours a day, 7 days a week to

take care of last minute

projects, extra work or rush

jobs. Our business is mobile

and we have unlimited access

to research.

How can we help you today?

SOME OF THE

SERVICES WE PROVIDE:

• Case Management

• Trial Preparation

• Appellate Work

• Research

• Document Drafting

• Brief Writing

• Discovery

• Claim Identification

WILSON AND LEDBETTER, LLC

Contract Services for LawyersP.O. Box 7501

Little Rock, Arkansas 72217(501) 537-1454

email:wilsonandledbetter@mail.com

Vol. 37 No. 2/Spring 2002 11,e Arkansas Lalryer 47

EVALUATION OF HIGHWAY DESIGN, MAINTENANCE & CONSTRUCTION& TRAFFIC ACCIDENT RECONSTRUCTIONThis engineer has reconstructed over 3,000 accidents in 23 states on highways. streets,railroads, highway construction zones involving big ((udes, cars, pickups, vans,motorcycles. trains, pedestrians. Computer generated drawings prepared. Over 45 yearsengineering experience. Board certified by ACTAR. John T. Bates, P.E. 1-800-299-5950.

UROWGYPrinceton University educated, Northwestern trained Physician with 36 years experience inUrology. Advanced ttaining ftom Cook County Hospital in Chicago, IL, Johns Hopkinsin Baltimore, MD, and Tulane Urology in New Orleans, LA. Available for evaluation ofcases involving Urological problems. I have six years of expert witness experience. Call918-492-1341 or Fax 918-492-1341.

ATTORNEY NEEDEDRodolf & Todd Anomeys at LawTulsa firm seeks an associate with 2-5 years e.xperience for a litigation position. Trialexperience a plus. The firm's areas of practice concentrate primarily on medical malpracticedefense and other health care related areas. Please fax a resume, references and salaryrequirement to 918-295-7800.

FOR SALE OR LEASE. Approximately 3,000 sq. ft. office space in historic Centre PlacetwO blocks kfrom PuJaski County Courthouse. Great river and downtown views. ContactAngela Falco at (501) 372-1406.

DEVEWPMENTAL DISABILITIES/MENTAL RETARDATION/SPECIALEDUCATION/MENTAL HEALTH/NURSING HOME & HOSPITAL STANDARDOF CARE - Expert witness services provided related to Standard of Care issues in healthand human service agencies. William A. Lybargec, Ph.D. 620-221-6415/dybarge@Yahoo.com / www.tonylybarger.com

48 The Arkansas lA>ryer 'MWI.arkbarcom

PAGE

MiA Retirement 12

ADR.lnc. 36

A'Jr Charter Express 4

AMFS, Inc. 10

John T. Bates 48

EO 17

INA 37

Landtech Datl 40

Legal Directories Pu~ishing 22

Leg~_ge 25

Lexis-Nexis On-line Ins~e Back Cover

Martindale Hubbell 13

John Mcf>Jlister 17

Paul Mixon 31

Moore, Stephens. Frost II

Phillips University 19

Rebsamen Insurance Back Cover

Richard L Schwartz 34

Schultze Maechling 21

UPS 28

Urology 48

'Nffi Group Inside front Cover

www.arkbar.com

Legal Info Unks

Arl<ansas Veterans Handbook

Disaster Legal Assistance

High School Mock Trial Program

Senior Citizens Handbook/CareGivers

Guide

,.

LexisNexis'·

easy-to-use research tools you need

to serve your clients.

Lexis exis'" provides you the exact research resources you

need, backed by our award-winning customer service, free

training and expert consultation.

Ifs how you know~

you'lI have the flexi ble,

Because yourlS anything but sm

You work In a small law firm.

o Custom Content Packages

o Flat-Rate Pricing

o SUJ>erior Standard FeaturesShepard's· Citations

lexis· Search Advisor

Core ConceJ>tsCase Summaries

News and Public Records

Free Printing

It's how you know'

LexisNexis and the Knowledge Burst logo are trademarks. and Lexls and Sht.,Mrd'S are reglslered lrademarks of Reed Elsevier Propenies Inc., used under license.II's How You Know is a u~r\I; of LexrsNexis, a dlviwon at Reed ElseYie!' Inc. C 2001 lexlsNexis, a divIsion of Reed Elsevie!' Inc. All fights reserved. IAl3922 I

""'.....v.rebsamen.com

T1Js (X(Jfp1I1S~ by ale rr rrrre rI he~ammes.~ IS aret,1Sf;'IfJd .sEnOJ mrt tni tail' f'UT)]

dOl< _cmmtm

Professional Association Group Division501-664-8791

PO Box 3398Lil~' Rock, AR 72203-3398

4·00 W. MarkhamLil~' Rock, AR 72201

~~~~) ArkansasBarAssociation

cFacing a legal malpractice claim is some­thing every lawyer must consider. You

need the right insurance coverage and expertlegal defense at hand. For more than 35 yearsthat's what the partnership between theArkansas Bar Association, the RebsamenInsurance Agency and CNA has provided.Our superlative combination of coverage anddefense has made us the most popular sourcefor lawyers liability insurance in Arkansas.

Law firms throughout Arkansas form ou,'network of specialists in legal malpractice,prep""ed to defend you if a claim arises.Your defense costs are covered in addition toyour limits of liability. And you Call moose to

have no deductible, meaning you pay no legalfees at all should you need defense counsel.

The financial strength and stability of C A,one of the COWltry'S largest insurers, slalldsbehind you. And the Rebsamen agency, inaffiliation with the Arkansas Bar Association,has stood for dedication to the Arkansas legalprofession for decades.

More than insurance.

Your best defense'~ C'NApRO