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PUBLISHER Arkansas Bar A;sodatioll

I'hone; (501) 375-4606 Fax: (501) 375-4901

I-Iomepage: www.arkbar.com E-Mail: ahubbard@arkbar.com

EDITOR

Anna Hubbard

EXECUTIVE D1RECfOR

Ka"n K HuuhhIJ

EDITORIAL BOARD

Philip E. Kaplan, Chair

Judge Wiley A. Branton, Jr.

Michelle H. Gauley Mihon Fine, II

W illiam D. H aught

Jim L Julian

Mary ikth Mmhews

Gordon S. Rather, Jr.

Christophc:r T I1Ivi$

David H. WillialllS

Teresa M. Wineland

OFFICERS

Prcsidem

Richard L Ramsay Board of Governors Chair

David B. Vandergriff

President-Elc:ct

Rosalind M. Mouser

Immediate Past President

James D. Sprott

Secreury-T reasurer

WiUiam A. Marlin

Parliamentarian

J. Leon Johnson Young Lawyers Section Chait

Amy Freedman

BOARD OF GOVERNORS Thomas M. Carpemer

Niki T. Cung

Richard C. Downing

Causlcy Edwards

Jim Pat Flowers

David M. Fuqua

CharlC$ L Harwell

Anthony A. Hilliard

Colene D. Honorable

J im L Julian

Sean 1'. Keith Roy ikth Kelley Hury A. Light

Chalk S. Mitchell

Donna C. Pettus

Todd M. Turner John T . Vines

Eddie H. Walker Denni! Zolper

UAlSON MEMBERS Kart:n K. Hutchins Steven W. QU3ulcooum

Jack McNulty Zane A. Chrisman

Judge Rice Van Ausdall Garolyn B. Witherspoon

Judge Michad Robinson

1M .... ri., ....... u,,,," (USPS 546-040) il pubiishnJ qumerly by th~ Arklln$al Bu Associ~I;on. Periodicals poJlagc ~ 21 I..ltd~ Roo:k. Atklln$al. I'OSTMASTER: .send addftsll ch.wga; 10 1M ........ ",..., LIII4I}'". 2224 Cotlondak Lane. lillk Rode. Arkllnsu 72202. Sub.l(':ription ptiu 10 non-members of Ih~ Arkllnw /». ~uliQn $35.00 per Y"ar. Any opinion apresK<! herein is Ihal of the author. ""d nOi nrcoAIiiy that of the Atkllnsou lb. A»ocul ion or 1M .... ,It.,tu/U u,"'Y"' ContribUliolU to '1'1N .... ri.,,.,.,., LllIIIJW ""' wdwm~ ~nd $hould k x m to Anna IlubWn!. fAiilOf. :!hub­ban!@>arkb.:II.COtrI.Allmqui .... rcg=iml! ,.d~rusing should be ..,nl 10 &Ltar. 1 ....... ""'_ LIII?". at d~ Wo~ addtal. Copyrtght 2007. Atitanas 8M AssocUtion. All righu rcsnvc.i.

The Arkansas

aw er features 10 What is ADR? Robert E. Yoes

13 Practice Tips

Vol. 42. No. J

What you Need to Know to Value a Professional Business David R. Matthews

22 Arkansas Supreme Court Historical Society Noteworthy Arkansas Jurists: David Walker: The Whig on the State Supreme Court Michael B. Dougan

Contents Continued on Page 2

The Arkansas

awer Vol. 42. No. 3

in this • Issue CLE Calendar 23

2006-2007 Arkansas Bar Association/ Arkansas Bar Foundation Annual Award Recipients 24

Lawyer Disciplinary Actions 26

In Memoriam 46

Arkansas Bar Foundation Memorials and Honoraria

47 columns

Classified Advertising 48 President's Report Richard L. Ramsay

Young Lawyers Section Report Amy Freedman

CF:D 1111 A rbnsas Bar Association

2224 COllondale Lane Uttlc Rock. Arkansas 71102

HOUSE OF DEtEGATES

Delegate District I-S£: Robert F. Thompson. [II Delegate District 2-5£: Icrric G. Higginbottom

Delegate District 3-5£: Barbara A Halsey. Mark Mayfield. Br::mt Perkins Delegate District 4-S£: ICtlhic A. Kimbrell

DclcgJ[c District 5-5£: Kent I. Rubens Delegate District 6-5£: Marshall Wright Delegate DislricI7-SE: Buck Gibson

Delegate District 8-S£: Tim A Blair Delegate District ')-S£: Brian Miller

Delegate OistricI IO-SE: Anthony A. Hilliard. Brandon Robinson Delegate District II-SE: Phillip C Green Delegate District 12-5£: Timothy Leonard

Delegate District 13-5E: Matthew Shepherd. lames McMenis Delegate District 14 -SE: Matthew Kimmel. An!)' Freedman

Delegate District 15-SE: Bryan T. McKinney. Tom Curry Delegate District 16-SE: lonaUlan D. lones. lacob Hargraves

Delegate District I7-SE: Sam Gibson

Delegate District I-NW: Li5a L Kelley. lason 8. Kelley. Stephen Geigle. Vicki Vasser-Murray

Delegate District 2-NW: Brock Showalter. Buddy Chadick. David I. Whitaker. Charles HaIV.'CI1.

TIm Tarvin. lason B. Duffy. Elizabeth Duffy. Paul D. Reynolds. W. Marshall Pret9'man. Bob Estes

Delegate District J-NW: Stephen Smith. lames O. Cox. An!)' Click-Horoda. KimberlY Frasier. Rita Howard. Farrah Fielder

Delegate District 4-NW: P~ltrick McDaniel Dck&<tlc Distl ict 5-NW: Steve B. D<lvis

Delegate District 6-NW: Roy Beth Kelley. John C Riedel

Delegate District 7-NW: Stephan Hawks. Charles E. Clawson. III Delegate District 8-NW: lerry Patterson

Delegate District 1-(; Valerie KellY. Gregory L Crow. Gwen Rucker. Randy Bueter. Mitch Berry. Steve Bingham.

Lacy Kennedy. C. Tad Bohannon. lerry larkowski. Brian Vandiver. Mark McCarty. lay Taylor.ludge BeUl Deere. Leon Johnson. Rebecca Denison.

Michelle Cauley. David Glover. Jay Shue. Elizabeth Smith. Brad L Hendricks. loel M. DiPippa. K11aJYam Eddings. Chrislian Harris. Ka TIna Hodge

Jeff Wood. Gill A. Rogers. Mark Hodge. Brett Watson. Patrick Spivey. Danyelle Walker

Law Student Representatives: Dan Oberste. Universi9' of Arkansas School of I.aw: Allison Kanlisi and Kim Overstreet UAlR William H. Bowen School of law

2 The Arkansas lawyer \w,:\"'.arkbar.com

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President's Report by Richard L. Ramsay

The Put In

I [ is customary for a new Bar Presidem [Q

write about the future, and I will. However,

it is best, in my judgment. (0 begin with the

past. In the last thirty days we have lost the

services of rwo outstanding individuals who

have gone above and beyond the norm in

serving your Association. While they will no

longer be in the forefrom. their counsel will

still serve as important roles this year.

First, Don Hollingsworth. our Executive

Direccor, retired on July 1, 2007. Don's

service ro our now over 5,000 members

during his tenure as Executive Director

has been one in which he has helped guide those of us who volunteer down the right

path . His wisdom and forward thinking

has consisrcmly helped [his body grow and grow srronger. Two things stand out when I think abour Don and [he job he has done. First, as I have traveled out of State

on behalf of our organization. I consis­

tently hear complimencs about Don from

other state Bar Presidencs. staff members

of the American Bar Association and other

Bars' Executive Directors. C learly he is well

respected by his peers across the counny.

Second, he has that rare talene of keeping

our Bar Presidents, with vastl y different per­

sonalities and organizat ional skills, on the

right course. All the while he has done this

allowing the pres idents to receive the glory

for the work he has done as he remains in

[he background . He will be missed. Another great Bar leader, Jim Sprou ,

has just concluded a fantastic year as our

Presidenr. H e has overseen the transition

to the new Bar Cenrer and shepherded us

through rhe problems that have arisen with the ease and grace that define his personali­

ty. Jim's Bar year was an unqualified success

and he has set the benchmark of leadership

[hat wi ll be hard for [hose of us who fo llow

to reach. H is friendship and example will

always be importanr to me.

Now for the future. The aforementioned

President Sprott used his love of flying as a

metaphor for his articles in this space. T hey

starred with "The Take-Off' and ended with "The Landing." As a pi lor myself. I enjoyed [he rrip. Well. [he hobby motif will continue this yea r.

I am a river person. C lair and I spend

quite a bit of o ur free time on our raft

fl oating me majestic whitewater streams in

Arkansas and the more challenging rivers

across the country. We will rake a river trip

o n this yea r's metaphoric journey.

I have tided this article "The Put-In."

Any river runner knows that in order to

have a successful ri ver experience, the prep­

aration you make at the put-in or departure

poim. is of unnost importance. Your boats,

rafts and safety gear must be inspected.

Your plan must be rehearsed to have a suc­

cessful rrip. The same procedures are applicable to a

successful bar year. First, you have to know

that your people are qualified and have all

of the ski lls to tackle the rapids without

problems. I n that regard. I have been very

pleased with the response I have received

from the 902 individual members I have

appoinced to the 34 committees that are

the backbone of this Bar Association. The willingness of so many people to serve has

been gratifying.

In rive r terms, we always seem [Q have a

blend of "old heads" - experienced boarers - and "newbics" - less experienced boarers

who are eager to develop their skills and

rake on new challenges. I have always held a special place in my Bar heart for young

lawyers, here [he newbies. I believe that in

our Association, our volunteer base must be

expanded and new leaders developed. To

that end, I have appointed 22 1 members of

I have every confidence that our

organization is in goad hands

with the crew we have in place.

We have that perfect blend of

old heads, who have run this

section of the river before, and

newbies, whose talents will

teach the old heads a thing or

two along the way_

the Young La""}'ers Section to the force of

commirtee members. Of that number, sev­

eral have been appointed as chai rpersons of

variolls important committees. They have

rhe ta lent and energy to serve us well as they

take an active role in our work.

The put-in is o ne of the most exciting

parts of a river trip. It is your first encoun­

ter with the unknown and you have great

anticipation about the adventure that lies

around the next bend of the river. This Bar

year will be no different. There will be plac­

id pools where we can enjoy the time as our

wonderful staff helps us keep both oars in

the water as the Association runs smoothly.

Just as predictably. there will be times when

the docile pools and smooth drifts turn into

raging cascades where we will be tested. The

key is, again, being prepared and confident

thar we have the training and skill devel­

oped to a point where we can navigate those

times successfully.

I have every confidence mat o ur organi­

zation is in good hands with the crew we

have in place. We have that perfect blend

of old heads. who have run rh is secrion of me river before, and newbies. whose tal ems

will reach the old heads a thing or rwo along

the way.

As the rrip leader of rhis. our 11 Oth year.

I look forward to the journey .•

Vol. 42 No. 3/ Sullllllcr 2007 The Arkansas Lawyer 5

Your New Arkansas Bar Center Is Ready for You

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Young lawyers Section Report by Amy Freedman

~ +c' ,

11\,' YLS: Taking it to the Next Level

Change is in me air! As I write this, my

very first YLS column ro you. so many things are changing in our Bar Association.

Don Hollingsworm is ahout to retire after ten strong years of directing o ur Association,

and Karen Hutchins, who is a ball of energy

and extremely competent. will he our new

Executive Director. W e were so lucky to

have Karen as our YLS scaff liaison for the

past year after losing our beloved Judith Gray who retired. Having previously worked

with Karen on a regional e lE in Texarkana, it was a delight to have her as the YLS Staff

concac[. Bur now, with her move up [0 the Executive Director's position, we will likely get a new Staff liaison for the YL5 once

someone is hired for rhe Associate Direcror's

job. (Unless we can talk Karen imo keeping us!) As I said, change is in the air ... and we've

ollly JUSt begun! Ler me start by saying that I am both

humbled and honored to be elected to serve as the srate Chair of the Arkansas YLS. I t is

a responsibil ity I take very seriously. For the

past two years, I have had the ul timate privi­

lege of serving as the official delegate for Arkansas to the national Executive CounciJ

of the American Bar Association Young

Lawyers Division ("ABA YLD"). It has

been a tremendous twO years! I have mer

incredible people from allover the United

States and around the world. Working on

nadonal policy that affects all young lawyers in America has been both challenging and

rewarding. In addition, I have traveled to

such fabulous places as C hicago, Portland,

Hawaii , Baltimore. Miami, Montreal and

San Francisco representing Arkansas. 1 want to thank the Arkansas YLS for giving me

th is supreme honor to serve you at the

nariona,1 level. Because of this experience.

I am in a unique position to help the

Arkansas YLS during my year as Chair to

conrinue to build a strong national reputa­tion for our state. My good friend David

Sterling from Lirde Rock paved the way for me and the res t of the Arkansas YLS on the

national stage, and it is exciting to carry rhe

torch forward.

Arkansas YLS will have a srrong delegation

to the nationaJ assembly of young lawyers at

the annual meeting of rhe ABA YLD in San Francisco in August. The ABA YLD meets

four times a year with the nar.i onal assem­

bly meeting twice-at the annual meeting in August and at the Mid-Year meeting

in February. In February 2007, I had the privilege of raking two new delegates to the

nationaJ meeting in Miami. Florida- Gwen

Rucker. our newly elected Chair Elect, and Ka Tina Hodge,

Looking ahead, the Arkansas YLS has

a tremendous year of communiry service

projects planned. Just to give you a sam ­pling, we will continue our many Law Day

projects, including "Java with the Judges,"

working with the Mock Trial Commirree

and competition, and our literacy projects.

I am extremely excited to unveil to you our newest project, "C hoose Law: Diversiry

Outreach," which is being funded with a

grant from the ABA YLD, We will be reach­

ing our to minority high school and co llege

srudenrs in an effort to show them that law

is a profession for aJl. Ka T ina Hodge will

be spearheading this project with the help of our Executive Council and young law­

yers across Arkansas. We are very excited ro

reach our to our minoriry youth in this way.

Stay runed for more details on volunteering opportunities for this worthy project.

Finally, the Arkansas YLS is ready for

an outstand ing year. Building on rhe year of "firsts" we just had, this cOllllng year,

- 1 •

, .11

I am extremely excited to unveil to you our newest project, "Choose Law: Diversity Outreach." We will be reaching out to minority high school and college students in an effort to show them that law is a profession for all,

we hope to strengthen new as well as old

relationships on our Executive Cou ncil and with all the young lawyers in Arkansas. This

year, our Executive Council will reach out

to our const ituency in ways nor done before. During the coming bar year, we hope ro

have "get ro know you" receptions and

e lE programming around the state in each of our geographic regions~North/West,

South/East and Central, We wi ll kick off

programming this faJ) in Fayetteville with a

trip to the Un ivers iry of Arkansas School of

Law, my alma mater, and a reception for law

students and young lavvyers in the northwest Arkansas area. Dean Cynthia Nance is such

a dynamic force at the law school, and I look

forward to partnering with her to motivate

graduating law students and young lawyers

co become acrive in our Bar Association. Our newly elected North/West delegate Vicki

Vasser Murray will work closely with the

Chair on this exciting event. We will then plan similar events around the state wherein

the delegates [ 0 the Executive Council will

reaJly get to know their constituents and be

in a better position as the voice of Arkansas young lawyers as never before. I n short, we

will be taking our Young Lawyers Section "to the next level" this yea r. It is an exciting time to be a young lawyer in Arkansas! _

Vol. 42 No. 3/ Summcr 2007 The Arkansas lawyer 9

WhatisADR?

Ahernative Dispurc Resolurion ("ADRn) encompasses several means of resolving (;unnicr or Ji~pLltt: which would otherwise be resolved through rcadiriollal litigation. These means include dispure resolution by arbitration, mediation. or collaboration. The various methods of AD R each have their own separate process. While arbitration has hiswricaJ ly been rhe most common form of ADR, the use of mediation has grown sig­niflcandy during rhe last decade. This arlidc

wi ll focus on use of mediation. Mediation provides the ability for parties

and their advocates to craft creative reso lu­tions nor avai lable in traditional litigat ion where the only poss ible result is (he gram or denial of 3 monetary award. A resolu­lion reached through mediarion can include much more than monetary awards.

W1Jere Did it Come From?

ADR has a long history, one beyond the scope of this article. However, its formal rec­ognition as a legal discipline within Arkansas is fairly recent. The Arkansas Nternarive

10 The Arbn'"' La,,),er www.arkbar.com

What • IS

ADR?

Dispute Resolu tion Commission was crc­ared by Act 673 of 1995. Since creation of the commission in 1995 the Arkansas Bar Association has also recognized the expand­ing imporrance: of ADR and formally estab­lished ADR as a permanenr Section of the bar association. Arkansas law schools now offer ADR classes and programs.

Is it Legal?

A.c.A. §16-7-202(b) authorizes all circuit and appellate courts in Arkansas to order any civil, juvenile, probate, or domestic rela­tions case or controversy pending before it to mediation. Of course, voluntary submis­sion to an ADR process is always available. Resolurions reached through mediation, or other forms of ADR, may be memorialized and enforced either as contractual settlement agreements or where appropriate as Agreed Orders submitted [0 the court for approval and entry in the case.

A.CA. §16-7-206 protects participants in ADR processes from use of admissions or sratemems made in the course of or during a mediation being used againsr them in a later proceeding.

How Do You Go About It?

Mediations are conducted by a neutral parry, or medj3[Or, who has been thoroughly trained in the process. The mediator begins with a joinr session including all parties. It is essential [0 the process and for the best result that someone fully vested with decision mak­ing authority be physically in a[[endance at all times during the mediation. First, a statement clearly and carefully stat ing the issues in dispure to be resohfed is made by the mediacor to clearly establish that every­one is correctly focused. Next, each party is provided an opporrunity co scate or present their position and feelings. Afrer these state­menrs the parties move co separate private rooms where they will remain until return­ing for a joint dosing sess ion after resolution is reached. Ac the joint closing session the agreed resolurion is reviewed in detail by the mediator with the panies then reduced co writing and signed by the parties before leaving the medi3(ion.

O nce the parties have separated into pri­vate conferencing rooms the mediator meets wirh each . The mediato r uses skills devel­oped through extensive specialized train-

ing to ass ist each parry in examining and anaIYling [he strengths and weaknesses of their respective posit ions. doing so without expressing or demonstrating opinion or bias towards either parry. The mediator may sugges t or ass ist each party in the des ign of creative solutions but wi ll no t offer them ro rhe other un less authorized and instructed to do so. The mediator will never disclose to one parry the private analysis or thoughts of the o ther without the express direction to do so. W orki ng from each end the mediaror constantly works ( a move each parry wwards rhe middle unti l somewhere in between they reach each other- resolucion accomplished. The mediator wi ll cominually d iscuss and assist with evaluation of various aspects of each parties position, meeting and commu­nica ting positions and offers, as authorized and instructed , between the parties until a resolution is reached, or until such time as aJl parti es agree there is no possible resolution that is mutual ly acceptable and the media­tion must be declared at an end .

WIry Use ADR?

Panies who frequently urili ze ADR­particularly mediation- in resolving busi­ness disputes or medical malpractice claims repon one of the major benefits of doing so often [0 be the continuation of a pre-existing and mutually benefi cial relat ionship between the panies which mOSt li kely would not survive the deeply scarring arracks and chal­lenges commonly experienced by resolution via trial. They also repon that the privacy afforded by ADR preserves not only the con­fidentiali ty of business or professional infor­mar ion which would otherwise be subject to

public view bur also allows all panies to bet­ter maintain del icate things like repuration and digniry which may not be at issue in me meri ts of a dispure bur may sdll be injured or tarn ished by the process-collateral damage completely avoided thmugh ADR.

T hese same benefits can be ex tremely important in fam ily law man ers. As the number of fa milies d ivided by divorce has increased the number of chi ldren affected has also. It is inescapable that when chi ldren are involved the parties to a divorce are going ro have some eype of continuing relat ionship for some period of time, usually lengthy, whether they wish ro or not. When chi ld issues are present achieving the least acrimo­nious pOS[ divorce co-existence possible is beneficial to aJ l parties. A mediated divorce resolution can facilitate the divorcing par­ries' continuation of their lives withom the added acrimony often resuIcing from public tes timony and rigorous cross-examination of the most personally sensitive aspects of their relationshi p.

ADR is as swift a process as the parties want it to be. They are in full control of the enti re process including scheduling. 0

waiti ng for [rial dates or appellate decisions. The longer a d ispute is in process the deeper the roOtS of the existing ill will grow.

Med iation is not only a private proceed­ing bur also rotal ly confident ial. No public records; no items in the press. This provides protection for not only fami ly business and financial information but also for aspec(S which may be quite embarrassing for the parti es or their children.

Media tion is usually considerably less expensive for all parties than traditional litigation. In the event med iation does nOt

T he Law Firm of

resolve the dispme the preparation involved would eypicaJly be necessary in order to liti ­gate anyway.

Las t, but certain ly not least, is the question of profess ional duey or responsibi lity. Do you as a lawyer have any profess ional obl igation ro counsel each cl ient in all available means of approaching resolution of a legal problem they have consulted you about? The issue has not been litigated ro date in Arkansas, bur, rhete may very well be a duty, or professional obligation to advise and fully inform each client of rhe va rious processes and means available under the ADR umbrella to use in solving their problem(s} . _

Robert E. Yoes has been in privllte p rac­tice in Fort Smith since 1976. He is the outgoing chair of the Alternative Dispute Resolution Section.

Mark Your Calendar

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June 11-14, 2008

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Vol. 42 No. 3/ Sunll11cr 2007 n" Arkansas La".yer II

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ractice

What You Need to Know to Value a Professional Business

By David R. Matthews

Not infrequently profess ionals and their spouses in your community m ay need your services during a divorce. One of the more nettlesome issues you will face is the prop­er valuation of me professional business. C hiropractors, lavvyers, dentists, phys icians, accountams. architects, and engineers all accumulate a considerable po rtion of their net worth in their businesses. Whether you are representing the profess ional or the pro­fessional's spouse. it will be important for YO ll to gather certain financial information as quickJy as possible for use in estab lishing a value for property divis ion purposes.

H ere are a few suggested items YOll wiH need to request early on in your representa­tion.

1. A brief written description of the busi­ness, what markets the business se rves, and a synopsis of customers served. This should include a discussion of the diversity or con­centration of the CUStomer base, the length of relationship with key customers, and a list of known competitOrs in the relevant mar­kets . Commems on rwo Or three of the most significant competitors wi ll be useful.

2. Copies of the business' tax returns (including derailed attachments and supple­mental information) for the last five full years.

3. Financial statements (including income and expense statement and balance sheets) fo r (he last five full years, plus updares through the most current month .

4. Capital budgets or forecas ts prepared fo r the business, as well as currell( and past marketing and business plans.

5. The fee schedules for the business including any negotiated fixed fees or man­aged care fees for medical businesses or flXed

tees for certain services with other insurance companies such as Pre-Paid Legal or Dent­A-M ed.

6. Aged accounts receivables for each yea r­end of rhe last five ye~lfs and for the most current month-end.

7. It will be useful to know the total per­cent of co llections by payors for the current yea r and each of the previous th ree to five yea rs. This is necessary in order to evaluate whether the business is dependent upon one or rwo significant sou rces of revenue which might be lost if the professional lefr rhe business.

8. Accounts payable for the year-end for each of the last five years.

9. Every office has equipmem . You wi ll need a detailed inventory of all office equip­mem or other specialized equipmem uri­lized by the professional.

10. Detailed depreciation schedules fo r the business.

1 1. Ir will be useful ro have an account of act ive fi les o r charts which have experienced activiry within the last rwo years prior to rhe most currem month.

12. If your professional is engaged with o ther professionals in the business, you should obtain a list of the other professionals and a determination of each professional 's relative productiviry at' the business during each of the last five years.

13. Copies of all employment agree­ments, partnership agreements, shareholder agreemenrs, buy-sell agreements, consult­ing agreements, management agreements, income distriburion plans. and key man insurance policies currently in use in the business.

14. Copies of all agreements fo r pasr events involving the sale o r transfer of an equiry or ownership interest in the business. H ow was rhe business valued the last time a professional left or got a divorce?

15. Copies of any prior valuation repofts, appraisals, or other financial analys is that has been prepared related ro the business since inception.

16. Copies of any contracts, leases o r other agreements of the business.

17. Copies of any mortgage agreements related to any real property owned by the

13 The Arkansas Lawyer www.arkbar.com

business. 18. Copies of all outstanding note or loan

agreements of the business. 19. Copies of rhe Articles of Incorporation,

Bylaws. andlo r ocher o rgan izational papers listing all owners, officers and direcrocs of the busi ness.

20. A listi ng of all staff includ ing the type of employment. salary tides and duties, and years of service within the business.

21. Any employee policies and procedures manuals in use by the business.

22. You should determine whether the business is involved in any pending or threatened litigation.

23. A description of any income distribu­tion plans in place at rhe business.

24. If the business is a medical practice, a description of rhe cal l rotation schedule will be useful.

25. Any marketing materials used by the business.

26. If the professional sells any retail products or services, a list of those prod­ucts including price, total sales, cost of goods sold, and total number sold for each product for the last five fu ll yea rs should be obtained.

27. Any fin ancial statements that have been provided to any lending institu tion for either the business o r the individual profes­sional within the last five years .

After ga thering this information you should have sufficient information to engage the services of a specialist in business valua­tions. More often than not judges are left to decide berween rwo diametrically opposed opin ions of experts on the value of a pro­fessional business. To the extem you have armed your expert wim the best ammuni­tion availab le your chances of success for your client are markedly increased . _ Da'vid R. Mattbews is a partner ill the finn of Mattbews, Campbell, Rhoads, McClure, Tbompsoll, and Fryauf, P.A. ill Rogers, Arkansas

AMERICA COLLEGE OF TRIAL LAWYERS

The Arkansas Fellows of the American College of Trial Lawyers are proud to announce that Sach Oliver

of the University of Arkansas Law School received the George A. Spiegelberg Award as Best Oral Advocate in

the most recent National Tri al Competition sponsored by the College. The award was presented in London at

the College's 2006 winter meeting.

Mr. Oliver, whose parents named him in honor of Satchel Paige, proved worthy of his namesake. He

proved to all of the competitors that he could pitch to the big league hitters from prestigious colleges and major

law schools without being scored upon. In accepting the award Mr. Oliver described first meeting the two

young women who eventually won the team competition:

They wanted to know some country sayings that might help them relate to the jury. The fi rst one was, 'That dog won't hunt.' These girls had no earthly idea what that meant. .. . The second was Harry Truman's, 'The buck stops here.' . . . . We (Oliver and his co-counsel) advanced in the tournament, and after several rounds we met up with these same two young ladies in the semi-final round , and I will be darned if Courtney didn ' t stand up in her clos ing arg ument , point at me and say, 'That dog won' t hunt.' She continued with very powerful argument and at the very end wa lked over to our counsel table, touched it and sa id , 'The buck stops here.' ... Here is something I [learned] : never give advice to the oppos ing counsel, no matter how pleasant they are.

After graduating from the Lellar Law Center at the University of Arkansas in 2006, Mr. Oliver entered

pri vate law practice in Bentonville.

The Arkansas Fellows take pride in the significant accomplishment of this Arkansas trained lawyer who

has chosen to establish his practice as a trial lawyer in hi s home state and wish him well in hi s endeavors on

behalf of hi s cl ients.

14 The Arbnsas La\\)'cr www.arkbar.com

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AMERICAN COLLEGE OF TRIAL LAWYERS

The Arkansas Fellows of the American College of Trial Lawyers are proud to announce that the following Arkansas trial lawyers have been inducted into the Fellowship:

Bill W. Bristow - Jonesboro David M. Donovan - Little Rock Mark A. Moll- Fort Smith William A. Waddell, Jr. - Little Rock

J . Michael Cogbill- Fort Smith Mariam T. Hopkins - Little Rock

John E. Moore - Little Rock W. H. Taylor - Fayetteville

The American College of Trial Lawyers, founded in 1950, is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have

been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years u'ial experience before they can be considered for Fellowship. Member­

ship in the College cannot exceed 1 percent of the total lawyer population of any state or province. Fellows are carefully selected from among those who represent plaintiffs and those who represent defendants in civil cases;

those who prosecute and those who defend persons accused of crime. The College is thus able to speak with a balanced voice on important issues affecting the administration of justice. The College strives to improve the

standards of trial practice, the administration of justice, and ethics of the trial profession.

The Arkansas Fellows of the College congratu late the new members and welcome them to the Fellowship.

Arkansas Fellows of Ihe A merican College of Trial Lawyers

Overton S. Anderson, II· Lillie Rock _.- Donald H. Bacon · LillIe Rock .. - Woody Bassell - Fayelleville ... R.T. Beard, /1/ - Lillie Rock David H. Blair - Batesville --- James B. Blair - Springdale --- Eugene Bramblett - Camden ---Phillip Carroll - Little Rock .-. Robert M . Cearley, Jr. - Little Rock --- Eddie N. Christian - Fort Smith --- Cothi Compton - Little Rock --- Walter Barry Cox - Fayetteville -­- Sidney P. Davis, Jr. -Fayetteville .-- j ohn C. Deacon - l onesboro --- B. Michael Easley - Forrest City --- 10hn R Elrod - Fayetteville

--- John C. Everell - Fayelleville .. -Spence G. Fricke - LillIe Rock --- John P. Gill - LillIe Rock .. - John Robert Graves - LillIe Rock --- William M. Griffin, /1/ - Little Rock --- Wayne Harris - Fort Smith --- Robert (Skip) L. Henry, /1/ - Lillie Rock _ .. Jack W Holt, Jr. - Lillie Rock _ .. Michael D. Hllckabay, Sr. - Little Rock ---Han. Bradley D. Jesson - Fort Smith --- Robert L. Jones, 111- Fayelleville

--- Philip E. Kaplan - LillIe Rock --- Judson Kidd · Lillie Rock ---Charles R. Ledbeller - Fort Smith --- John G. Lile - Lillie Rock ---Ed Lowther - Lillie Rock --- Stephen A. MallhelVs - Pine Bluif --- Hubert S. Mayes, Jr. - Lillie Rock ---Austin McCaskill, Sr. - Little Rock .. - Rohhy McDaniel - Jonesboro --- .lame." Bruce McMath - Little Rock --- Toney D. McMillan - Arkadelphia --- Paul McNeill - l ones-

boro --- Han. JOllies M. Moody - LillIe Rock --- Nicholas H. PaIlOIl - Texarkana --- John V. Phelps - Jonesboro --- Odell Pollard - Searcy --- Gordon S. Rather, Jr. - Little Rock --- Elton A. Rieves, III - West Memphis --- Kent J. Rubens -West Memphis --- Donald

S. Ryan - Little Rock --- Dennis L. Shackleford - El Dorado --- James M. Simpson - Little Rock --- Douglas O. Smith, Jr. - Fort Smith --- David Solomon - Helena --- William H. SUI/Oil - Utile Rock .-- Rex M. Terry - Fort Smith --- Floyd M. Th omas, Jr. - El Dorado --­Frederick S. Ursery - Lillie Rock --- Eddie H. Walker, Jr. - Fort Smith --- Richard N. Watts - Lillie Rock Han. William R. Wilson , Jr. -

Lillie Rock --- Alan G. Wootell - Fort Smith .. ·Tilden (Chip ) P. Wright, 11/ . Fayelleville --- Charles R. Zierke - Hot Springs Village

16 The Arkansas La"ycr www.arkbar.com

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Vol. 42 No. 3/ SuIl11l1er 2007 The Arkansas Lawyer 17

Richard L. Ramsay 2007 -2008 Arkansas Bar Association President

18 Thc Arbns"s La"Ycr www.arkbar.com

by Anna Hubbard

Richard L. Ramsay began his term as presi­dent of the Arkansas Bar Association this jWle. becoming the neXt link in a chain of legal giants that have led this Association.

"I consider the adminiS[rarion of the va ri­ous presidents, beginning with President U.M. Rose in 1899, as links in a strong chain that binds and holds together the rule of law and rhe admjnisrr3rion of justice by rhe bench and bar in Arkansas. I hope and pray mat this year rhe link will be strong enough co withstand all fUture stress and strain and that if ever rested, it will hold in place-with the others-strong and fasL "

Those were the words Rick used in his acceptance speech. the same ones his father used in June of 1964. Rick's ingrained sense of responsibility ro give back ro the legal profession will guide his efforts this year as he works to improve the overall practice of law and the Association itself

Rick's father, rhe late Louis Ram say, Jr., of Pine Bluff, led the Association in 1964 and it was his hope that his son would follow in his foorsteps. But it wasn 't until later in Rick's legal career that Louis Ramsay specifically spoke to Rick about becoming president of the Association.

"I had been moving in that djrection, chairing various committees with the goal of eventually running for president of the bar," Rick said. "My futher obviously knew I was doing that, and right before he died, one of our last meaningful conversations was preny much him making me promise him that I would get that done. I'm glad to say that I've honored mat request."

Over the years, Louis Ramsay had more subtle ways ofinAucncing his son such as get­ting him a summer job on a survey crew for [he Arkansas Highway and Transportation Department. T he work was hor ;1nci dull and Rick quickly realized he wanted to get a degree as a professional.

"My father 's unstated goal was to make sure that 1 knew that becoming a profess ional would keep me from having to do something like that," Rick said. "Fortunately 1 was only in [hat job for about six weeks before I got named to the AlI-Smr ream for high school

baskerball and could quir thar job." "Thank God you were rall ," Rick's wife,

C lair, jokingly said. Rick excelled in basketball at me college

level as well. As a freshman at the University of Arkansas at Fayerreville. he played on the then freshman basketbal l teanl- me Arkansas Shoats-me only undefeated freshman team in the hiscory of the university.

Talke Me To m e River Rick took up canoeing while he was a S[U­

dem at the university and then later turned to

whi te water rafting. As with all of the activi­ties Rick is passionarc aoom, he excelled in this area as well. He has conquered some of the CO Untry's big ri vers, including the Grand Canyon and the Salmon River in Idaho. This May, he completed his term as president of rhe Ccmrai Chapter of the Arkansas Canoe C lub, a recreational group active in conserva­tion efforts and ri ver-access issues.

"My upbringing is that if you are going ro involve yourself in something. you should get into it with both feet and try (0 make that project be the bes t that it can be," Rjck said.

Rick and C lair headed (0 the Sal mon River fo r a quick vacarion shortly afte r he was

{above I to r} Rick wit" "is fam ily Elizabet" , jimbo, Clair, Alex, CblllCY, {above left} wit" "is mother Joy; (left) Rick's fa ther Louis L. Ramsay, J r.

sworn in as pres ident at the Association's annual meeting. Although their time on the river has been more limited lately, they head Out whenever they can. What started out as a hobby fo r them has turned into a big pan of thei r lives.

Clair admits mat she had "a heal my fear of the water" when she and Rick first met, bur now she just has more of a respect for the river and lets herself enjoy their trips. A typical trip down a river with friends includes several rafts loaded with gear and gourmer food thar the group cooks on the ban ks of the ri ver. Clair sa id she works hard gening ready for the trip and is the packer extraor­dinaire, but once [hey get on the river she gets to relax.

"She reaches in her little river bag and pulls our her tiara and declares herself river princess," Rick said. C lair was excited to wear a new rhinestone Razorback tiara thar a fellow river buddy gave her for their most recent trip.

Rick and Clair enjoy doing things together and are one of those unique couples that also manage ro work well togethe r. C lair works as his paralegal at Eichenbaum, Liles & Heister, a position she began just "temporarily" when he needed help over five years ago.

"I was terrifled at flrst because you hear so many horror stories about working with your spouse," C lair said. "But we acrually do pretty well together."

Although they try leaving work at the office, she sa id it has been benefi cial for them to be ab le [Q cominue working while they are trav­eling. In fact, uaveling is what brought the rwo of them together over sixteen years ago.

They met in Atlanta, Georgia, at a dinner parry even though mey born lived in Little Rock. "I was meeting my mother and father to go quail hunting in south Georgia, and my farher got an airline ticket that was going to

cosr $900," Rick said. " I knew if I stayed over Saturday night it would be cheaper so I went ahead of rhem. I called a friend in Atlanta to

see if she wamed to meet for dinner and she invited me to a wedding party for a fri end who was gening married."

Ir rurns out the wedding party was for C lair's sister, Jert Sheehy. Rick was seated next to Clai r at the dinner parry. wh ich might have been due to some "cooking of me place cards." The parry was hosred by the late Carroll O 'Connor {aka Archie Bunker}, a fr iend of C lair's mother. Jon Jett. C lai r's mother is an artist and shared a studio with Nancy O'Connor when Carroll was fllming

Vol. 42 No. 3/ Surnrner 2007 The Arkansas La"yer 19

Rick rowillg Clnir (top left), Alex (bottom rigbt) alld frimdr ("roug" SlI1zs"ine Rapid ill Royal Gorge, CaIlOIl City, Colorado

"In the Heat of the Night" outside Atlanta. "So we mer at the Ri n CariLOn in Buckhead

at a dinner party hosted by Archie Bunker," C lair sa id . They were married on March 4, 1995, and have been inseparable since.

Rick is proud of his close-knit family and gets rogetl1er with them as often as they can. His mother, Joy, and his sister, Joy Blankenship, sti ll li ve in his homerown of Pine Bluff. His marher has taken over as

head of the family since his father's death in 2004. Rick's son Jimbo (27) , works for Cashion Co. in Lirde Rock, and his daugh­ter, EliZ3bcth (22), JUSt graduated from the College of C harleston in South Carolina. Clair has twO daughters, Alex (2 1) and C lancy (I 9), who both attend the Univers ity of Arkansas at Fayetteville. The family enjoys gerting rogcther fo r social events cemered on Razorback athletics as well as outdoor activi-

20 The Arbns"s l.aI'Yer www.arkbar.com

tics. Rick 's siSter recendy wem with H.ick and C lair ro float rhe Salmon River.

Legal Career Rick graduated from the University

of Arkansas at Fayettevi lle and then the Unive rsity of Arkansas School of Law, and he became a member of the Bar in 1977. He began his legal practice in Pine Bluff with the firm then known as Coleman, Gantt, Ramsay & Cox. All four of those men served as president of the Association, and Rick grew up among them, especially N.j. Gamt. Louis Ramsay would walk with Gantt ro work and Rick, his sister and mother would walk over ro the Gantt's house and meet the men after work.

"Me. Gantt was a lawyer's lawyer," Rick said. "He always had his Coa t on and but­rolled. Informal ro him was unbuttoning his

coat." Role models such as this helped shape

Rick's ideals of what a lawyer should be. "I remember my father saying how imponan t ir was ro be a professional and to be your own boss, and the sense of pride you have when a client would introduce you to someone else and say 'this is my lawyer.' That's something that I remember very well and something that appealed to me greatly. I would like to

see the days when professionalism gees back [0 that level. It's not where it was in the early years."

Rick practiced law at the firm in Pine Bluff for thirteen years before moving to Little Rock. He joined the firm later named Grobmyer, Ramsay & Ross, which was formed by a group of friends from law school. When Ihat firm dissolved in 2000, Rick joined ('he Eichenbaum firm , where

he does mostly commercial litigation along with some bank, securities and bankruptcy work. He has been a C hapter 7 tamee of the U.S. Bankruptcy Court for the Easrern and Western Districts of Arkansas since 1986.

The responsibiliry ofleading the Associat ion is something R.j ck is well rehearsed for. He has been an active member of the Associarion since the ea rly days of his legal career.

He served as chair of the Young Lawyers Secrion in 1986, his firsr major involvement in bar leadership. He later cook on the role of planning the Associarion's Annual Meeting in 200 1 and the Mid-Year Meering in 2004. The Association awarded him three Golden Gavel Award.~ for leadership in various roles serving the Association. He is a member of the Associarion 's Board of Governors and previously served in me House of Delegates.

The Rule of Law Since taking office as pres idenr-e1ect

designee over eighteen momhs ago, Rick has become even more involved in the Association's undertakings.

"One of dle great things about the way we operate in this Association is that the president-e1ecr and president-e1eer designee work with the president and immediate past presidem as a team of four where everyone has input in critical decisions being made," Rick said. "Becallse of that system, you have a year and half of being involved in me inter­workings of the Association. The training is grea t and the fact that you are up co speed on any isslles before you get rhere is grea t. 1 have co say mat Jim Sprort was wonderful in that he always made certain that 1 was involved, and 1 got co give input on any decision he made."

"Thankfully, he didn ' t always take my advice," he added.

The importance of the rule of law in American sociery is the focus of the Law Rebrecl F.dllc;tted Committee that Rick has been working on since prior to assuming the role of president. The committee is working on an educational program that includes the developmenr of videos and programs rhat explain copies such as the importance of an independent judiciary and the three branches of government. Volunteer members of the Associarion will present these programs at schools and eventually at civic clubs and adult educarion faci li ties.

"This is a program that is another example of rhe bar doing something to benefit the general public of rhe stare in providing much-needed law related education to young people," Rick said. "Hopefully it will make

them bener citizens and more appreciative of their freedoms and rights that they enjoy."

"One of me near things about the program IS

mar we will have lawyers mroughout the state vol­unteering in their own communities," he added. "It will help the image and reputarion of lawyers in their communiries."

Another project that Rick will foclls on rhis year is finding out how co bener provide benefirs to

Association members.

Rick and eln.ir 011 their way to the Salmon River

"I have always thought thar one of me main purposes of the Associarion is to provide the best benefits that it can to irs members. We are going to conduct a comprehensive survey of membership mat will tell us whar we are doing right and what we are doing wrong, what they would like to see as ben­efits and basicaJly how we can improve the Association's service ro rhe members. That certainly will go a long way in the next few years ro help maximize those benefits to

members." Oneof the significant roles of theAssociarion

president is appointing committee chairs and members. Rick made ir a priori ry co appoint young lawyers as members and as chairs of the various comminees.

"Since my days as a chair of the Young Lawyers Section, I have always thought that young lawyers in the Association had a 1m to offer," he said. "My hope is thar being engaged and involved at a young age will get people mat will participate in me programs

that the Bar Association puts forward. " In addition to assuming the ro le of presi­

dent of this Association in June, Rick became rhe pres ident of the Southern Conference of Bar Presidents, which will hold irs annual meeting in Little Rock in October. He is responsible for planning the meeting, which will include 120- 150 lawyers from the south­ern states.

Professionalism, service, and responsibil­iry to rhe public. responsibiliry to rhe mem­bership, more young lawyer involvement - rhese are truly monumental goals set forrh by the new president of me Arkansas Bar Association.

"Today I have paid tribute to my father by repeating his words and in thanking you for this opportunity co serve I adopt them as my own. I ask that you join me in my efforts to add yet anOther link to the strong and fast chain of which my father spoke 43 years ago," Rick remarked as he concluded his acceptance speech. _

Rick and Clair with Chief Jllstice Hannah at the swearing in ceremony

Vol. 42 No. 3/ Sullliller 2007 The Arkansas lawyer 21

Arkansas

David Walker: The Whig on the State Supreme Court By Michael B. Dougon

Pre-Civil War Arkansas politics pined Whigs against Democrats. Whigs, the parry dedica ted to advancing modernization, failed miserably in hardscrabble Arkansas. The one llocable exception was Arkansas Supreme Court judge David Walker. A strong W hig during the life of that parry. he became of necessity a D emocrat after the C ivil War. However, in thought and deed he exemplified what histOrians call "persistent Wh iggery."

David Walke, (Febmary 19. 1806-Septembe, 30, 1879) was bom to a fam­ily prominent in the affairs of Kentucky and Virginia. But his father, "an indulgent master and a poor fa rmer," his son recalJed, engaged in the vices common among rhe Virginia gentry. Forever fixed in David's memory was an all-night card game fol ~

lowed by one of the winners rid ing off with his pony.

Walker's schooling was limited, with none between th e ages of twelve and eighteen, but a clerking job for one uncle taught him much practical law. A vorac ious reader, he mostly studied on his own. A combination of a fai led romance and tOo many other Walkers led him westward. His trek stopped at Fayetteville, where his money had run out. Shortly thereafter, he scored a huge success in a Court case that launched his ca ree r. In cOIHrast to the background from which he had sprung, he avoided panies and dances; no dice or cards were ever permitted in his home. Instead, he inves ted in land and slaves. He did retain from his Vi rginia heritage a love of dogs.

Walker was renown in Arkansas poli~

tics fo r losing the 1840 congressional race agai nst the legendary and charismatic Archibald Yell . As the two campaigned ac ross North Arkansas, Ye ll out prayed Walker at a camp meeting and then out shot him at a beef shoot. Outside politics rhe two friends joined in speculations. A complex bargain in 1848 got him elected to

the stare supreme court, where he dispensed W hig legal principles until 1855. In 1860 he supported the Constitu tional Union party and the following year opposed secession.

22 The Arkansas Lawyer www.arkbar.com

Elected to the Secession Convention, he served as its pres ident. His conversion to

secession in May 1861 helped carry all the other northwest Arkansas delegates except Madison Coun ty's Isaac Murphy. However, many back home claimed Walker had bro­ken his promises to the voters.

The war cost Walker a son. His service on a wartime military court that had handed down death sentences did nOt keep Walker from getti ng a pardon from President Andrew Johnson. In 1866 he returned to

the courr as chief justice. His tenure there was terminated by me Constitution of 1868, but notable was his ruling in Hawkins v. Filkim, 24 Ark. 286 (J 866), that sustained the legali ty of Arkansas's wartime govern­ment and hence wartime contracts and legal proceedings.

During Reconstruct ion the ex~Confederate

opposition to the Republicans was divided between ex~ W higs (called Conservatives) and Democrats. Only gradually did the hyphenation end. In 1872 Walker support­ed the Liberal Republican Joseph Bwoks for governor and remained unconvinced that winner Elisha Baxter was a legitimare governor. The Brooks~Bax te r War in Little Rock was managed without his assistance. An obscure anti-tax farmer den ied a Walker a seat at the 1874 constitutional convemion, where his presence and legal acumen were sorely needed. However, he returned to rhe high court as an associate justice.

Walker wrote the opinion in State of Arkansas v. Little Rock, Mississippi, and Texas Railway Company, 3 1 Atk. 701 (J 877), holding void the election that had autho~

rized state railroad bonds. This judicial stroke el iminated one third of the state's debr. He also cominued his opposition to legal rights fo r women [hat had begun during his 1835 term in the las r te rritorial legislature. Repeatedly during his years on the high Court he invoked the common law to gut Arkansas's liberalizing statutes. Aftcr 1876 his mental and physical condi­tion detcriorated, and in 1878 he res igned from coure. H is death the nexr year was due to a buggy accident. Walker was one

of the few Arkansans selected for inclusion in the Dictionary of American Biography (J 930). His most notable off-bench accom­plishment was a much publicized speech at the American Centennial celebration in Philadelphia in 1876. He left behind a se,ies of autobiographical letters and much other correspondence. His daughter Mary married a cousin, James David Walker, who in 1879 was elected to the United States Senate. A number of homes associated with Walker family members surv ive in Fayetteville. _

Further reading: Lemke, Waite, J ., ed. The Lift and Letters of Judge David V0llker of Fayetteville: Justice of the Arkansas Supreme Court, 1848- 1878. Fayetteville, AR: Washingron County Histo,ical Society, 1957.

The V0llker Family Letters. Fayetteville, AR: Washington County Historical Society, 1956.

Thompson, George H. Arkansas and Recomtruction: The [njluence of Geography, Economics, and Personality. Porr Washington, NY: Kennikat Press, 1976.

Dougan, M ichael B. "The Arkansas Married Woman's Property Law," Arkamas Historical Quarterly, XLVI (Spring 1987), 3-26.

This article was originally published ill the Spring 2007 Newsletter of the Arkansas Supreme Court Historical Society3 Inc. For more bifonllation on tile Society con­tact Rod Milkr, Arkansas Supreme Court Historical Society, Justice Building, Suite 1500, 625 Marshall Street, Little Rock, Arkansas 72201; Email: rod.miller@ arkansas.gov; Phone: 501-682-6879.

CORRECTION: A biog"phical sketch of Supreme Courr Justice George Rose Smith rhat appeared in the Spring 2006 issue of The Arkansas Lawyer referred to U. M. Rose as Un ited States Attorney General. Although many urged Pres ident G rover C leveland ro appoinr Rose as his atto rney general, the post ultimately went to another candidate.

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Vol. 42 No. 3/ SuIl11l1cr 2007 The Arkansas lawyer 23

24 The Arkansas Lawyer www.arkbar.com

2006-2007 Arkansas Bar Association/ Arkansas Bar Foundation Annual Award Recipients

Photos, top to bottom: Philip E. Kaplan, Ben E. Rice, Richard F. H atfield, Justice Robert L. Brown and Robert M. Ford

PHIUP E. KAPlAN

OUTSTANDING LAWVER AWARD

Tlu Outstanding Lawytr Award is givm ill

ruognition of ace/knee in tbt practiC( of law and olltstanding contributions to the profes­sion.

To be recognized by one's peers as out­

standing in the work we all do is olle of

the highest honors one may receive. The

Outstanding Lawyer Award is given in rec­

ognition of excellence in [he practice of law

and outstanding contributions [0 the pro­

fession. Throughout his career, Phil Kaplan

has brought honor to rhe legal profession.

Phil is an Arkansan by choice. From

Harvard University ro me University of

Michigan School of Law, Phil began his law

practice in Arkansas in 1968. His abili ty

and sleWs as a triaJ lawyer are well known.

He left a mark in his work with the long

standing Litde Rock school desegregation

litigation, taking the case because it was the

right thing ro do. For almost a decade, he

served as a member of a team of 3norneys

under federal civi l appoimmelH represeIH­

ing the inmate population of the Arkansas

penitentiary systems [Q bring under control

the existing abuses in me sys tem. These are

juSt MO of many examples of ways Phil has

made an hisroric impact on the Arkansas

legal profess ion and the lives of many

Arkansans.

Phil is also a dedjcated member of the

Arkansas Bar Association and Arkansas Bar

Foundation. serving in leadership roles fo r

both organizations over the years. Phil

served the Association as Parliamem arian

and men C hair of the Association Executive

Council, and as a member of the Board of

Governors and House of Delegates. He is

a Fellow of the Arkansas Bar Foundation

and served the Foundation on its Board of

Directors. He is a member of ABOTA as

well as the American Academy of Appellate

Pranice.

A number of attorneys nominated Phil

for this award. They each provided personal

testimonies of how he truly is oU[5tanding

in his profession. Here is an example of one

quote from Phil 's nominators:

" He is a lawyer's lawyer and symbolizes

mat as one who has devoted himself to the

profession as an advocate in me best sense

of the word."

BEN E. RICE OlTfSTANDING LAWYER-CITIZEN AWARD

The Outstanding Lawyer-Citizen Award is given in recognition of olltstanding partici­

pation ill and for excellent performance of civic responsibilities and for demonstrating

high standards of professional competence and conduct.

As stated by his nominator, "Ben Rice

has very often placed community advance­

mem above personal gain during his 43 years of law practice." T his statement is evi­

dent by the many community-based accom­

plishments that Ben has led to fruition_

Through his activities in the Jacksonville

Jaycees, he fi rst became involved in com-

munity projects. The most significant proj­ect at that time was the establishmem of the

Jacksonville Boys Club. He was [he charrer

president when funds were raised co enable

the club to open its doors. He cam e back

years later as presidenc to supervise the CO I1-

sITucrion of a new club facility and made the

motion co change the name to Jacksonville Boys and Girls Club.

His involvemenr did nor StOP there. He

was president of [he Jacksonville Elderly

Activities program and worked with UA W

organizations o n the construction of

Jacksonville Towers, a 100-unit housing

fucilicy for [he elderly and physically chal­

lenged. He served as president of rhe Little

Rock Air Force Base Hiscorical Society and

worked for more than 20 years to help es tab­

lish the Jacksonville Museum of Militacy

History. As Jacksonville Cicy Attorney, Ben oversaw the codification of city ordinances

and became involved in significanr litigation

relating to the expansion of the city warer system.

RI CHARD F. HATFtELD

J AMES H . M CKENZIE P ROF£SSIONAUSM

AWARD

The Janus H. McKenzie Pro/esrionaiism Award recognizes sustained exullence through integrity. character and leadership to the pro­fession Iwd the cOnlrmmity which gl1rners the highest honor to the profession.

Throughout his career, Dick has exempli­

fied the characteristics of sustained excellence

through imegriry. character and leadership

to the profession and the communi ty. His

active involvement in the legal profession

is evident in numerous ways. He served the

Arkansas Bar Associacion as its President,

Chair of the Executive Council , Chair of

the Probate Law Section and Prepaid Legal

Services Committee as wel1 as Chair of the

Young Lawyers Section at the beginning

of his career. He has authored articles for

The Arkamas Lawyer. instructed Continuing

Legal Education courses, and is a Fellow

of the Arkansas Bar Foundation. He has

served as a Special Justice for the Arkansas

Supreme Court and continues to serve on

the Arkansas Supreme Court Comminee on

Professional Conduct.

In the community. he has been active in

the West Memphis, Searcy and Little Rock Rotary Clubs, President of the Un iversity

of Arkansas Alumni Association, and served

on the Board of DirectOrs of the National

Conference of Christians and Jews in the

mid-80s. He was recognized with the

O utstanding Discussion Leader Award by rhe Arkansas Society of Certified Public

Accountants and served on the Literacy

Counci l of Central Arkansas.

As stated by his nominatOr, Dick is

deserving of this award for "his genuine

love of the legal profession. He has been an

incredible ambassador for all practicing law­

yers for 39 years with an unsurpassed record

of excellence."

J USTICE R OBERT L. B ROWN

C.E. RANSICK AWARD OF ExC£LLfNCE

Th, C. E. Ramick Award of Excellence was created to recognize outstanding contributions to the profession.

Justice Brown is an extraordinary public

servant on the Arkansas Supreme Courr.

serving in this position since 1991. He has

recently emered his third eight-year term on

the Court.

His landmark decisions include the term­

limits for United States Representatives and

Senators, and a decision ruling Arkansas'

public school funding inadequate and unfair.

Prior to his election to the Court, he worked

as a Prosecuting Attorney, legal aid to the

Governor, legislative aide to a United Srates

Senator. administrative assistant to a United

States Congressman and he practiced law.

He has wrinen numerous law review articles

for law jou rnals as well as contributing

articles to The Arkansas Lawyer, Arkansas Times and Arkansas Business. He is a frequent

speaker on legal matters, including indepen­

dence of the judiciary.

Throughout his distinguished career, he

has continued to support his alma mater,

Sewanee. Following his undergraduate work

there in English Literature, he received

his Masters in English and Comparative

Literature from Columbia University and

received his law degree from the University

of Virginia. He has served his profess ion in a

va riety of ways including as a member of the

Board of Directors of the Arkansas Judicial

Council ; Court representative to Supreme Court Board of Law Examiners; President

of the William R. Overton Inn of Court; and a member of the Pulaski, Arkansas

and American Bar Associations as well as a

Fellow of the Arkansas and American Bar

Foundations.

R OBERT M. FORD

EQUAL J USTICE D,STINGUISHED SERVICE

AWARD

A statewide award was developed several years ago to recognize commitment 10 and participa­tion in equal justice programs for the poor, includingpro bono efforts through legal services programs.

The Equal Justice Distinguished Service

Award is given this year by the Arkansas Bar

Association and the Arkansas Bar Foundation

to Robert Ford of Wynne, Arkansas. Robert

volunteered over 101 hours of pro bono

service ro needy client in northeast Arkansas

in 2005. He has led by example such as in

the forming of the Equal Access to Justice

Panel in the Cross County Bar Association

in 2002. Robert's actions have resulted in an

almost 100% participation rate by members

of the Cross County Bar in pro bono work.

He is known throughout the state as a zeal­

ous advocate for all his clients.

A colleague once remarked of Robert:

"Bob is intensely dedicated to every cliem,

in every case, every time. In terms of com­

mitment and zeal , there is no difference in

a million dollar lawsuit, and a case in which

he stands to make no money, bur will help

someone who needs help .. .I think he takes

more pleasure and pride from the right he

gains for the ones who would not have oth­

erwise had it." •

Vol. 42 No. 3/ Sununer 2007 The Arkansas lawyer 25

La\I\Yer Disciplinary Actions

Final actions from March 17, 2 007,

through june 20, 2007, by the Committee

on Professional Conduct. Smmnaries

prepared by the Office of Professional Conduct. Full text documents a re available

oll-li"e at http://courts. state,ar.lIs/courtsl

cpc.html. {Note: l'Moder ' Rules refers to

the Rilles of Professional COllduct as they

existed ill A rkansas p rior to May 1, 2005. "Arkansas" Rules refers to the Rules as they

exist itl A rkamllS from May 1, 2005.J

SUSPENSION:

N ORMAN DAVlD ANGELERI . Bar

No. 2002040. of Conway. Arkansas. was

suspended fo r [Welve (12) momhs by

Commince C onsenr Findin g.... & Order filed April 2. 2007. on a Judicial Complain<

by United States Chief Bankruptcy Judge

Audrey Evans in Case No. 2006·043. for

violation of Rules 1. 1. 3.2. 3.4(c). 8.4(c).

and 8.4(d). As a fairly newly-licensed (2004)

and inexperienced arrorney, Mr. Angeleri

accepted employmclH in 150 new bankruptcy

cases in a [\-'10 week period prior ro O ctober

17.2005. including approximately 107 new

cases the weekend before October 17.2005.

all to be fi led before the new bankruptcy law

wenr imo effect on Ocrober 17.2005. He did

not have staff sufficiem (Q properly handle

the intake, preparation, and filin g of these cases, or the proper and timely mainrenance

of these cases after fil ing. As a result, major

problems occurred in many of his new

cases. T he bankruptcy clerk's office and the

trustee's offi ce were required to spend much

time and effort trying to help him get his

cases properly fi led, often without success.

Several of his clients had their cases dismissed

due to problems he caused . Several almost

los t their right to seek protection under the

bankruptcy law and to obtain a discharge of

el igible debts.

Judge Evans determined it was necessary

to conduct a hearing on February 6, 2006,

to review the status of and problems in eight

(8) of M r. Angeieri's many pending cases.

Narratives describing deficiencies for each of

these eight cases are in the hearing transcript

included in the Complaint. Judge Evans

found that Mr. Angeleri violated Bankruptcy

Rule 1006(b) by accepting payment of

attorney's fees from cl iems prior {Q paying

the fi ling fees and by ma1cing fa lse statements

in his peti rion filings as (0 WIH: t.Ilt: r he had

accepted payment fo r se rvices at the time.

As a result of her examination of these cases,

Judge Evans ordered Mr. Angcleri to disgorge

ro the C hapter 7 trustees all legal fees paid to

him in these eight cases.

M r. Angeleri responded to th is complaint.

and others arising from sim ilar circumstances,

that he accepted full responsib ili ty for

his actions and the results, mat he was

experiencing personal health problems

during this time, that he was unaware at the

time of his filing of the many bankrup tcy

petit ions that the first funds he received from

a client had to be applied to the bankruptcy

filing fees, and that he had made resti tution

as ordered to his affected clients.

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26 The Arkansas la"ycr www.arkbar.com

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NORMAN DAVID ANGELERI . Bar

No. 2002040. of Conway. Arkansas. was

suspended for six (6) months by Committee

Consent Findings & Ordet fi led April 2.

2007. on a Judicial omplaint by United

States Bankruptcy Judge James M ixon in

Case No. 2006-065. for violation of Rules

1.1 5(a)(4). 3.3(a)( I ). 8.4(c), and 8.4(d).

Lisa Binns hired Mr. Angeleri on or about

O ctober 13. 2005. to fi le a Chapter 7

bankruptcy petition for her. By check she

had paid him a total of $559.00 by O ctober

14. 2005. including $209 for her fi ling fee

and $350 for his attorney's fee. He fi led her

Chapter 7 petition on O ctober 16. 2005.

and filed fo r her an Appl ication to Pay Filing

Fee in InS[a1 lments, falsely stating she was

presently unable to pay the $209 fili ng fee,

although she had paid him the full fi ling fee

several days earlier. Even after a notice of

non-payment to Mr. Angeleri by the C lerk,

he failed to pay her fi li ng fee by the time of

her first meeting of creditors on November

28, 2005, resulting in the dismissal of her

case that date for failure to pay the filing fee.

On December 9, 2005, he fLIed a motion to

reinstate her case and paid her $209 filin g

fee by Decembet 12. 2005. Her case was

reinstated and on March 16, 2006, an Order

was entered granting Ms. Binns her C hapter

7 discharge in bankruptcy. She thereafter

wrote Judge Mixon about her case, causing hi m to file an O rder April 12. 2006, to

reopen her case, when questions were raised

about Mr. Angele ri 's conduct in representing

Ms. Binns. A hearing was conducted April

2 1, 2006. at which Ms. Binns and Mr.

Angcleri tes tified . Judge Mixon's Order

from the hearing addressed Mr. Angeleri's

conduct, including finding mat he made

a false statement to the Court in fil ings in

the Binns case with regard to the payment

statuS of her filing fee. His testimony at the

Apr il 2 1. 2006. hearing ind ica ted he did

not use proper trust accounting proced ures for his atto rney trust ::lecount, having no

documentation by which he could track

payments made by specific cl ients that were

deposited into his trust account, and no

ledger sheets, or equivalent documentation,

by which he could accurately determine the

scams of any individual cl iem's funds held in

his trust accoum.

I

: La\l\ycr DisciplinalY • (tions ,

NORMAN DAVID ANGELERI. Bar No. 2002040. of Conway. Arkansas. was

suspended for six (6) months by Committee

Consent Findings & Order filed April 2.

2007. on a Judicial Complaint by United

Stares Bankruptcy Judge James Mixon in Case No. 2006-066. for violation of Rules

1.1 5(a)(4). 3.3(a)( I) . 8.4(c). and 8.4(d). Dionne Ersery hired Mr. Angeleri on or

about September 15. 2005 . to file a Chapter

7 bankruptcy petition for her. By check she

paid him a (Otal of $559.00 011 September 15.2005. which included $209 for her filing

fee and $350 for his attorney's fee. per his Attorney Fee Agreemem with her of that

date. On October 16. 2005. he fi led her

Chapter 7 petition. which did not contain

her signature on the petition, as required by Bankruptcy law and regulation. Mr. Angeleri has not produced an original petition signed

by her from his file. On October 16. 2005. he filed for her a Statement Pursuant co Rule 2016(B). stat ing he had received $350 from

her as his legal fee, bur nothing on her filing fee . The statement about having received nothing from her on the $209 filing fee was

a knowing. false statement by Mr. Angeleri.

as he had received the $209 for the filing fee

in her check on September 15. 2005. Even after a nodce of non-payment to

him by the Clerk in the Order Regarding

Deficiencies dated Ocrober 20. 2005. Mr.

Angeleri fa iled to pay her filing fee. resulting

in the dismissal of her case by Order on

December 12. 2005. On December 22. 2005, Mr. Angeleri filed a motion to re instate

her case, claiming her filing fee was by then

paid. Her motion to reinstate was to be heard

on February 7. 2006. but Mr. Angeleri and

she fai led to appear and the Court denied

the mo tion. A Jetter from Ms. Ersery was

received by Judge Mixon on February 24.

2006, outlining problems she had with Mr.

Angeleri and her case, and informing him of her paymem history with Mr. Angeleri.

On February 28. 2006. her new counsel.

the Dickerson Law Firm, fil ed a motion

ro reins£3te her case and a motion for Mr.

Angeleri to disgorge attorney's fees. A hearing

conducted on April 12. 2006. ar which Ms.

Ersery testified, resulted in the emry of twO

Orders. On April 18. 2006. an Order was

emered granting Ms. Ersery her Chapter 7

discharge in bankruptcy. By Order entered

April 17.2006. Mr. Angeleri was ordered ro paid Ms. Ersery a total of $1,200 in various

fees, which he did by rwo checks issued to

her in April 2006. Judge Mixon then conducred another

hearing on May 8. 2006. ar which Mr.

Angeleri testified about the Ersery marter.

Mr. Angeleri made fal se statemems to the

Courr in filings in the Ersery case with regard

to the paymenr status of her fi ling fee. Mr.

Angeleri 's testimony at the May 8, 2006,

hearing indicated he did not use proper

trust accounting procedures for his attorney

truSt accoum, having no documentation by

which he could track payments made by

specific clients that were deposited into his

trust account, and having no ledger sheets,

or equivalent documentarion. by which he

could accurately determine the stams of any

individual diem's funds held in his trust

accoum.

NORMAN DAVlD ANGELERI. Bar

No. 2002040. of Conway. Arkansas. was suspended forrhree (3) months byCommirree

Consent Findings & Order fil ed April 2.

2007. on a Complaint filed by Pamela Cox in Case No. 2006- 106. for violation of Rules I. I 6(d) and 8.4(c) .

Pamela Cox of Russel lville hired Mr.

Angeleri on November 28. 2005. and paid him a partial fee payment ($ 175) to f~ e a

Chapter 7 bankruptcy petition for her. By

February 27. 2006. she had paid Mr. Angeieri a total of $400. his tOtal quoted fee of $350

plus the $50 required credit counseling fee.

He never fi led her peririon. Mr. Angeleri

closed his Little Rock office and she was

thereafter unable to locate or contact him abour her legal matter.

In August 2006. she hired Little Rock

attorney Clarence Cash ro f~e her Chapter

7. which he did on August 7. 2006. Mr.

Angeleri promised to make a refund to her,

and finally sent a check for $175 ro her

through M r. Cash on August 3 1. 2006. That

check was replaced by Mr. Angeieri 's personal check #1118 for $350.00 dated September

12. 2006. which Mr. Cash forwarded to Ms.

Cox on September 20. 2006.

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Paul D. Mixon, Ph.D., P.E. Engineering Consu ltant

P.O. Box 3338 State University. AR 72467

(870) 972-2088 (870) 972-3948 FAX pmixon@astate.edu

pauLm ixon@yahoo.com

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Electrical Injuries

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Vol. 42 No. 3/ Sulluller 2007 The Arkansas La"Yer II

, La\o\Yer Disciplin;'IIY Actions i

NORMAN DAVID ANGELERl, Bar

No. 2002040, of Conway, Arkansas,

was suspended for three (3) months by

Comminee Consent Findings & Order

filed April 2. 2007. on a Complaint fi led by

T ommy Bates in Case No. 2006- 123, fo r

violation of Rules 1.1 , 1.3, 1.1 5(a), 1.1 5(b),

3.4(c), 5.5(a), and 8.4 (c) . M r. Angeleri was a

fairly newly- licensed anorney when Tommy

Bates employed him in August 2004 ro

represent Bares in a personal injury claim.

M r. Angeleri se ttled Mr. Bates' claim in

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November 2004 for $7,250.00. Mr. Bates

did not recall seeing or receiving a serdemenr

sheet or accounting from Mr. Angeleri at

the time, when he received his "net share"

$ 1,27 1.50 check from Mr. Angeleri , a check

that d id nor appear [Q be on Mr. Angcleri's

trust aCCo unt . Medical bills from the

coll ision did nor get paid by Mr. Angeleri.

as Mr. Bares thought was 10 happen. Mr.

Bares consulted with anorher attorney and

then filed a complaint aga inst Mr. Angeleri

in late November 2004. Mr. Bates was

informed Mr. Angcleri 's Arkansas law license

was not in "good s[3nd ing." Mr. Angeleri 's

2004 Arkansas law license fee, due March I ,

2004, was not paid unti l Jan uary 27, 2005.

Since his Arkansas law license was therefore

automatically administratively suspended

on March 2, 2004, for non-payment, Mr.

Angeleri's actions for Mr. Bares in 2004

constirured the unauthorized practice of law

at the ti me.

M r. Angcleri issued th ree checks to pay Mr.

Bates's bill s. T hey were truSt account check

# 11 2 1 dated 1-3 1-05 Fo r $ 100.00 to Fr.

Sm ith EM S, undated law firm check # I 005

for $692.50 ro Ft. Smith EMS, and undated

law firm check # I 006 For $62.00 ro Radiology

Svcs, P.A. The idenrical account number on

all three checks indica ted they were on Mr.

Angeleri 's trUSt account, although # 1005

and # 1 006 do not indica te on the face of

each check that they are drawn on a clea rly­

identifi able trust account, as required by AR

Model Rule I. I 5(a).

After being contacted by letter dated January

18, 2006, by the Office of Professional

Conduct, Mr. Angcleri responded wi th a

Memo dated February 15, 2006, in wh.ich

he offered an explanarion for the events in

the Bates matter. Mr. Angcleri's explanation

included the Statement that ''the $697 is in

the trust account awaiting word from Mr.

Bates as ro whom it should be issued to. "

O n Apri l 28, 2006, Mr. Angeleri faxed

the O ffi ce of Profel;s innal Conduct a Bates

se ttlemenr sheet Mr. Angele ri had prepared

at some da te. The sheet shows $697 due to

"Sterling Insurance."

After further communication involving Mr.

Bates, the Office of Profess ional Conduct,

and M r. Angeleri , M r. Angeleri determined

that he should send M r. Bates a $697 check

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to clear up the settlement money issue. His

check # 1086 to Mr. Bares dated June 14,

2006, for rhe $697, on what appears to not

be any trust account, was deposited [\Vice by

Mr. Bates and dishonored for insufficient funds both times. On Ocmber 5, 2006, Mr.

Bares finally received rhe last $697 which

Mr. Angeleri admitted should have been in

his trUSt account and have been distributed

ea rl ier to eithe r Mr. Bates or one of his third

parey providers.

TIMOTHY ALAN GINN, Bar No.

93108, of Marion, Arkansas, was suspended

for six (6) months by Committee Consent

Findings & Order filed June 15,2007, on a

Complaint filed by R. Jeffery Kelsey in Case

No. 2007-032, for violarion of Model Rules

3.4(c) , 5.5(a), 8.4(a), and 8.4(c). Federal

Express employed Ginn to represent it in

commercial lawsuirs. On October 31, 2006, Ginn's employment with Federa1 Express

was term inated when he proffered, and

Federal Express accepred, his res ignat ion.

Ginn res igned because his Arkansas attOrneys

license had been administratively suspended

on ovember 23. 2004, due ro his failure to

obtain the required hours of continuing legal

education. Ginn did not report this faCt to his

supervising anorney at Federal Express until

Ocrober 25, 2006. Fu rther investigation

revealed that Ginn's annual law license fee

to the Arkansas Supreme Comr, due by

March 1 each year, was nO( paid for 200 1

until June 15. 2001. Ginn practiced law in

United States District Court during this time

period when his Arkansas law license was

administratively suspended.

TIMOTHYMARKHALL,BarNo.96043, of Huntsville, Arkansas, was suspended for

th ree (3) months, ordered to pay restitution

in the amount of $2,500.00 and a fine in

[he amount of $1,000.00 by Commitree

Find ings & Order fi led May 2 1, 2007, on

a Complaint filed by Marlys and Don Ball

in Case No. 2006- 107, for viol arion of

Rules 1.1 , l.2(a), \.3, 1.4 (a)(I ), 1.4(a)(3),

1.4(a)(4), 1.16(d) , 3.4(c), and 8.4(d). Me. Hall was hired to rep resent M,arlys and Don

BaJJ in a legal maner involving real propercy.

Me. and Mrs. Ball were landlocked and hired

Mr. Hall to assist them in obtain ing rel ief.

Mr. and Mrs. Ball bad previously had access

to their propercy which had become blocked

by a locked gare. Me. Hall agreed to assist

rhe Balls. He advised rhem rhat he could

obtain assistance for them in approximately

twO (2) weeks. Mr. Hall was paid $2500 for

the represenration on December 22, 2005.

That was the last occasion the Balls were able

to speak with Mr. Hall. He did not rerurn

telephone messages and did not respond to

correspondence left for him. In addition,

Mr. Hall did nOt sign for the certified lener

sent to him by Me. and Mrs. Ball. Me. Hall

did not act diligently for the Balls. Furrher,

Mr. Hall did not return the phoros delivered

to him by Mr. and Mrs. Ball nor did he

refund any of the advanced payment of fee

since the Balls hired other counsel ro ass ist

them with their legal issue. Mr. Hall did not

pay his 2006 annual license fee until May

18, 2006. As such, he violated Rule Vl I of

the Rules Governing Admission to the Bar of Arkansas. He also was prohibited from

assisting Mr. and Mrs. BaH from March 2,

2006, until May 18, 2006, while his license

was suspended. He did not advise the Balls

of this fact.

STEPH EN LEE LEWIS, Bar No. 20031 12,

of Calico Rock, Arkansas, was suspended for

three (3) months by Committee Findings &

Order filed May 14, 2007, on a Complaint

by Mindy Franks in Case No. 2006-159,

for violation of Rules 4.4(a) and 8.4(c).

Mr. Lewis altered a file-marked copy of

a final divorce decree in rhe case of Mindy

franks v. Tommy Frallks. Izard Circuit No. DR-2004-191-4, added an unauthorized

provision related ro child care to it. and

presemed the altered divorce decree ro the

Calico Rock school authorities as a genuine

order. In response to a letrer from the Office

of Professional Conduct, on November 10,

2006, he responded in writing bas ically

admitting his conduct as alleged in Mindy

Franks' Affidavit and attached exhibits.

JAMES W. STANLEY, Bar No. 75 124,

of Little Rock, Arkansas, was suspended for

five years by Committee Findings & Order

filed April 24, 2007, in Case No. 2007-

024. This reciprocal discipline was soughr

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by the Committee pursuant to 14.A-B of

the Procedures of the Arkansas Supreme Coun Regulating Professional Conducr of

Artorneys at Law. Both rhe Social Securi ty Adminisrration (SSA) and the Department uf Veteran Affairs (VA) notified the Office

of Professional Conduct of disciplinary act ions taken against Stanley. The SSA

suspended SranJey from practice before it for five years on May 22, 2006, and Stanley's

accreditation to practice before the VA was

cancelled on OctOber 10, 200 I . The basis

of Stanley's suspension before rhe SSA was its determination that he had ( I) charged,

collected, and retained fees in violation of SSA's rules; (2) deceived or knowingly misled

his client about benefits or other rights under

the Social Securiey Act; and (3) knowingly

made false or misleading starements of material fact concern ing fee matters

within SSA's jurisdiction. The basis for the

cancellation of Stanley's VA accreditation was that Stanley had received illegal fees

from four veterans for representation of them before the VA.

REPRIMAND:

NORMAN DAVID ANGELERJ , Bar

No. 2002040, of Conway, Arkansas, was reprimanded by Comm ittee Consenr

Findings & Order filed April 2, 2007, on

a Complaint Flied by Jennifer Rivas in Case No. 2006-072, for violation of Rules 1.16(d)

and 8.4 (c). Jennifer Rivas of Linle Rock

hired Mr. Angeleri on December 3, 2005, to file for a divorce for her in Saline Couney.

He quoted her a fee of $350 plus the filing

fee. By Januaey 25, 2006, she had paid him a tOtal of $520, as shown by her checks and

receipt. On January 5, 2006, he filed her

Complaint as Saline Circuit No. DR-2006-15- 1, and paid a $ 140 filing fee. After her

last paymem to Mr. Angeleri on January 25, 2006, she was unable to make contact

with him to learn anything abour her case.

She retained the services of attorney William

Cavenaugh in mid-April 2006, who filed an

Amended Complainr for Divorce May 11 ,

2006, and thereafter represemed her. She

had to pay Mr. Cavenaugh an additional

$240 to complete the legal work she paid Mr. Angeleri in full to do. Mr. Angeleri

abandoned Ms. Rivas and failed to complete the legal services for wh ich she paid him in

full.

NORMAN DAVID ANGELERl , Bar No. 2002040, of Conway, Arkansas, was

reprimanded by Comminee Consent Findings & O rder filed April 2, 2007,

on a Judicial Complaint by United Scates

Bankruptcy Judge James Mixon in Case No. 2006-164, for violation of Rules 1.2(a),

1.3, 1.1 6(d), 3.3(a), and 8.4(c). Angela

Segan employed Mr. Angeleri on September 3, 2005, ro file for her both a divorce in

Pope Couney and a Chapter 7 bankruptcy petition. She paid Mt. Angele ri $700.00 on

that date, $175 on September 15, and $ 175

on Ocwber 6, for total payments of legal fees and COsts of$ 1 ,050. The rotal for the divorce

was a legal fee of $350 and estimated cons of

about $140. The rotal for the bankruptcy was a legal fee of $350 and a filing fee of $209.

Mr. Angeleri never filed a divorce action for

Ms. Segan. Her est ranged husband finally got tired of waiting, and he engaged an atwrney

and filed the divorce on March 28, 2006,

as Pope Circuit No. DR-2006-225 . Her

husband paid all COStS and fees associated with the uncontested divorce. and a decree

was filed April 27, 2006.

Mr. Angeleri filed the Chapter 7 petition

for Ms. Segan on October 16, 2005, as No.

05-bk-28543. Even though by that date she had paid Mr. Angeleri his fu ll legal fee and

the full filing fee, he filed an application to

pay her filing fee in installments, in violation

of Bankruptcy Genetal Rule 1006(b) . The

Statement Pursuant to Rule 20 16(b) Mr.

Actions

Angeleri filed for her on Ocrober 16, 2005, falsely stated ro the Court that "$0.00 of the filing fee in th is case has been paid. " Mr.

Angeleri paid the filing fee on November 20, 2005. Ms. Segan received a discharge on May 2, 2006.

This matter was brought to the attention

of the Office of Professional Conduct (OPe)

when United States Bankruptcy Judge James Mixon sem OPC the transcript of cerrain

proceedings on Apri l 14,2006, in the Segan case. T he Office of Professional Conduct

sent Mr. Angeleri a letter on August 26.

2006, with an October I, 2006, response

due date, asking him about Ms. Segan's matters. O n October 5. 2006, Mr. Angeleri

sent Ms. Segan a $490 refund by money

order for the fee and costs of her divorce he

did not file. Mr. Angeleri contends that their initial agreement was that he would not fil e

for her divorce until after her bankruptcy was

completed.

WlLLlAM GLEN HOGGARD, Bar No.

2000064, of North Little Rock, Arkansas,

was reprimanded and fined $500.00 by Com mittee Findings & Order filed May 3,

2007, on a Per Curiam Order Complaint in

Case No. 2007-008 for violations of Rules 1.3, 3.4(c) and 8.4(d).

The Arkansas Supreme Court referred Mr.

Hoggard to rhe Committee in a Per Curiam

delivered on January 4, 2007, wherein they

granted his Motion to File a Belated Appeal. The referral was in the case of Virginia Totten

Werts v. Arkansas Department of Health and

Human Services. The Arkansas COUrt of

Appeals had dismissed the appeal during

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Vol. 42 No. 31Sul11ll1er 2007 The Arkansas Lawyer 31

October 2006 based on Mr. Hoggard's failure

to file a brief after numerous extens ions of

ri me (Q do so. After the appeal was dismissed ,

M r. Hoggard fi led a Pecicion co Rehear rhe

Decision to Dismiss the Appeal. The Coun of Appeals denied his Petition. The Supreme

COUft considered rhe Petition and treated

it as a Motion for Belated Appeal . I [ was

granred and M r. Hoggard was directed to

fi le a brief wichin cen (IO) days of the dace

of the Per C uriam . Mr. Hoggard did file a

brief as direcced . Ini tially Mr. Hoggard fa iled

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to fil e a brief in the Wercs appeal by rhe final

ex tension gramed him until April 10,2006,

and he d id noc fi le any pleadings on behalf

of Ms. Wercs from March 10, 2006, when

he requested addit ional time to file a brief.

unci l November 13, 2006, when he soughc

to have the appeal reinstated from the

Court of Appeals' d ismissal for his fa ilure

co fil e a brief. M r. Hoggard 's failure

to file a brief for his client by the fi nal

ex tension resulted in the Arkansas Court

of Appeals' dismissi ng the matter and

created the need for additional pleadings

and actions by the appellate courts in

order to reinstate the appeal. Further, his

fa ilu re to be certain that he fi led a brief

on behalf of his cl ient by the date given as

a fi nal extension or within the fo llowing

~ ix months before: the: Coun of Appeals

dismissed the appeal created unnecessary

delay in the appellate proceeding and

created the need for the Court to expend

additional time and effort which would

not have been necessary otherwise.

W ILLIAM M. H OWARD, JR., Bar

No. 87087, of Pine Bluff, Arkansas,

was reprimanded and fi ned $500.00 by

Committee Consenr Findings & O rder

fi led June IS, 2007, on a rer C uriam

Order Complai nc in Case No. 2007-002,

fo r vio lacion of Rules 1.3 and 8.4(d).

Mr. Howard represenred Leeotis Sims

on an appeal fro m a conviction in C lark

Coun ty C ircuit Court. Mr. Howard

tendered [Q the Arkansas Supreme

Court C lerk a record of the circuit court

proceedings 0 11 the 98th day followi ng

the filing of the notice of appeal. Despite

being nocified in Sepcember 2006 rhar he

mUSt fi le a mm ion for rule on the clerk,

Mr. Howard did nOt file the motio n until

December 2006. O n January 4, 2007,

the Arkansas Supreme Court geamed the

motion and referred the matte r to the Office of Profess ional Condl lcr.

RI C HA RD JARBOE, Bar No.

69038, of Wal nuc Ridge, Arka nsas, was

reprimanded by Committee Consent

Findings & O rder fi led April 23, 2007,

on a Per C uriam O rder Complaint III

Case No. 2007-022, for violat ion of

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Vol. 42 No. 3/ Sumlller 2007 The Arkansas lawyer 33

Rules 1.1 and 8A(d) . Jarboe filed a notice

of appeal for his diem, John Oero Downing,

Jr. , in the case of John Otto Downing, Jr. vs. Stau of Arkansas, Case No. CAC R06-727.

The nmice of appeaL however. was from the April 6, 2006, conditional plea of guil ty

rather than from the April 6, 2006, judgment

and commitment order. as required by Ark.

R. Crim. P. 24.3(b) (2006) . Following the

State's Motion to Dismiss, Jarboe fi led a

Motion fo r Belated Appeal with the Supreme

Court . O n March I , 2007, the Supreme

Court gramed the Motion.

PHILLIP A. MOON , Bar No. 84109, of

Harrison. Arkansas, was reprimanded and

ordered ro pay restitucion in the amOU!H of

$60,000.00 by Committee Consent Findings

& Order filed May 29,2007, on a Complaint

filed by C. Brian Meadors, Esq. in Case No.

2006-14 1, for vio lation of Rules 1.1 , 1.1 5(a),

3A(c),4A,and 8A(d). Mr. Moon represented

Wayne and Beverly Cotner in a legal rnaner

involving Mani and Dale Benedict of

Fayccrcville. who wefe small business owners,

in a 1990 transaction in which the Cotners

were selling real propercy to the Benedicts.

a transaction which required an escrow

agenr fo r $40,000 deposited in escrow by

most of the $40,000, when the Corners

later rook bankruptcy after the Benedicrs

sued them and Moon. The balance of the

escrowed funds has not been recovered. The

Benedicts sued Moon in Washington Circuit Coun No. elY -94-85 1. The case was tried

in 1999. An Amended Judgment was filed

on October 2, 2003, finding that Moon had

committed gross negligence in his release of

these escrow funds, and that Moon thereby

breached his fiduciary duey to the Benedicts.

Judgment for $40,000, plus interest, totaling

$53,283.16 in all , was entered against Moon

on October 2,2003. That judgment was not

appealed and became final. The judgment

ordered Moon to comply with Arkansas

Code Section 16-66-221 and file within

forty-five (45) days a verified list of all his

real and personal property. induding bank

accou nts, and to specify which properties he

claimed as exempt under law. Moon fail ed

to comply with this court order. Thereafter.

in 2005 Mr. Meadors garnished all banks

in Harrison and only found one account

of Moon's, a personal account, which

contained $227.44, and bore evidence of

Moon's commingling of client and personal

funds in that one account. Pursuant to his

obligation as an attorney under Rule 8.3(a),

the Benedicts, the buyers. Moon acted as Mr. Meadors reported this information to

that escrow agent, and thereby assumed

fiduciary responsibilities to the Benedicts.

Moon breached his duties to the Benedicts

in 1991 by negligencly releasing their funds

eo the Comers when Moon should nor have

and after the BenedictS instructed him nor

to , informing Moon the contract at issue

was in dispute. This act cost the Benedicts

the Committee.

Each year every Arkansas licensed attorney

is required to fil e an IOLTA s[atemem with

the Arkansas Supreme Court giving the statUS

of the attorney's trust account. According

to the Affidavit of Ms. Pointer, Director

of the Arkansas 10LTA offi ce, Moon

has not reported maintaining an IOLTA

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account for client funds since July 19, 1999.

Since Moon does receive client funds, he is

required to mai ntain a trust aCCOUJ1[ in some

form. Ms. Pointers' Affidavir of March II ,

2005. confirms Moon has not reported to

thar office having an IOLTA trusr account

since his previous trust account was closed

on July 19, 1999. Mr. Moon responded that he had

negligently released the escrowed funds

to the Comers. He admitted to having no

trust account from 1999-2006, primarily

out of fear that any fu nds in one would be

subject to garnishment by the Benedicrs

on their judgment againsr him. He stared

the twO checks mentioned by Mr. Meador

as evidencing client funds thar should have

been in a trust account were either a refund

of fees already earned or a. return of fees due

to a billing error as between two of his clients

with the same last name. He also stated that

he had nor genera red much net income

from his law practice in the years after the

judgment against him, and that he had no

means for attempting to satisfy the Benedict

judgment until a family member recently

agreed to collatera lize a bank loan for him for

the $60,000 he has tendered for restitution

before the Committee.

JAMES KlRBY RIFFEL, Bar No. 71065,

of Pocahontas. Arkansas, was reprimanded by

Committee Findings & Order filed June 20,

2007. on a Complaint by Lawrence Couney

District Judge Larry Hayes in Case No.

2007-013, for violation of Rules 3.3(a)(I),

8.4(b), 8A(c), and 8A(d). On August 30,

2006, Mr. Riffel was convic ted of speeding

in the Newport District Court in Jackson

County, Arkansas, in Case No. TR-06- 1376,

for an offense of going 78 mph in a 55 mph

zone that occurred on June 21, 2006. on US

Highway 67. H e forfeited a bond of$ 165.00

and was placed on probation.

On October 24, 2006, Mr. Riffel was

cited for speeding (68 mph in " 55 mph

zone) in Lawrence County, with the charge

becom ing Case No. 06-3616 in Lawrence

Coun ey Distr ict Court. At his court date on

December 14, 2006, he submitted to the

court, through the prosecutor, his Affidavit

notarized December II , 2006, falsely stating

that he had received no other traffic citations

in the twelve momhs preceding this citation

(issued Ocrober 24, 2006), as a means of

taking advamage of the court's policy of

bei ng placed on probation if he had no

other speeding conviction in the previous

twelve months. Based on Mr. Riffel's false

Affidavit, the court approved a Judgment

order on December 14,2006, placed him on

probation and o rdered him [Q pay a fine and

cosrs of $ 11 0.00.

The court also directed that an officer run

an ACIC driver's license check co verify that

his record did not show previous speeding

violations. Thar record check revealed his

case in Newport thar was concluded on

Augusr 30, 2006, abour mree and one-half

months before he executed his Affidavit in the

Lawrence Coun ty case. Upon being provided

this information, Judge Hayes scratched his

approving signature off the December 14,

2006, probacion Judgmenr, ordered Mr.

Riffel 's bond forfeited, and brought the matter

to the arremion of the deputy prosecutor, Joe

Grider. Judge Hayes reports that Mr. Grider

declined CO take action. On December 20,

2006, Mr. Riffel execured an Amended and

Substituted Affidavit, explaining his version

of evems leading to his original Affidavit to

the Lawrence County District Court. His

Amended and ubstitured Affidavit sets our

his explanation for the original Affidavit.

WILLIAM S. ROBINSON, Bar No.

76 108, of North Lirtle Rock, Arkansas, was

reprimanded by Committee Findings &

O rder filed Apri l 30, 2007, on a Complainr

by Leopold Wilburn in Case No. 2006-

147, fo r vio larion of Rules 1.2(a), 1.3,

1.4(a)(3) and 1.4(a)(4). Leopold Wilburn

hired Mr. Robinson during May 2005 for

assistance with a guardianship maner and

for preparation of a Power of Anorney for

rwo elderly family members. Mr. Robinson

requesred a fee of $500 which Mr. Wilburn

paid during the initial consul tation. No

act ion had been taken on Mr. Wilburn's

behalf ar the time of the filing of me formal

disciplinary complaint. Mr. Robinson had

not responded to requests for information nor

kept Mr. Wilburn informed of any actions he

might have taken on his behalf. Mr. Wilburn

specifically hired Mr. Robinson to ass ist

Mr. Wilburn wirh adding a co-guard ian

for his aunt Odessa McDuffie during May

2005. Since that time umil late 2006, Mr.

Robinson fai led to take action to accomplish

the objective of the represemation with

regard to the guardianship.

T ERRY R. SM ITH, Bar No. 2005105,

of Little Rock, Arkansas, was reprimanded

by Comminee Consenr Findings & Order

filed June 15, 2007, on a Complaint before

the ommittee in Case No. 2007-042, for

violation of Rule 8.4(c). Smith was required

to take the Profess ional Practicum within two

years of admission to the Bar of Arkansas.

Smith registered and paid for the November

2, 2006, Pracricum, and he wrote to the

Office of Professional Programs a few days

after that Pracricum that he had anended. lr was not until his response to a request for

proof of anendance that Smith clarified that

he had attended only half of the conference

due to illness .

JAM ES F. VALLEY, Bar No. 96052,

of Helena, Arkansas, was reprimanded

and ordered to pay $60 .00 restitution by

Comminee Consent Findings & Order filed

April 23, 2007, on a Complaint filed by Sam

& Shirley Gi lmore in Case No. 2006-086,

for violation of Rules 1.3, 1.15(a), and 5.5(a) .

Sam GilmoreofElai ne, Arkansas, is the father

of a daughter, LaSandra Gilmore Cockerham,

born in July 1989 in Clarksdale, Miss issippi .

Her Mississippi birth certificate lists her

name as LaSandra G ilmore Cockerham. Mr.

Gilmore is now married to her mother, Annie

Cockerham. He desired [0 have LaSandra's

last name changed to G il more on her birth

certificare. On June 14, 2002, he hired Mr.

Valley to perform this legal work, and paid

him by check the $455.00 Valley quoted

him as his legal fee and the advance paymenr

of any court costs or fi ling fees that might

be needed for the work. There is no indicia

on Gilmore's check to show Valley depos ited

it into a trust account, as required by RuJe

si nce it conta ined payment in advance of

court COStS to be expended by Valley in the

future. Mr. Valley prepared a Complaint to

Correct Birth Certificate, which Mr. and

Mrs. Gi lmore signed, and Valley, who is

also li censed in Mississippi , rhen filed it in

the Chancery Coun in Clarksdale, Coahoma

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County, Mississippi on August 22, 2002. No

further action was taken by Mr. Valley in the

case. Over the interveni ng years Mr. Gilmore

attempted to obtain from Valley or his office

information about the StatUS of this matter,

wi thout success.

The action Mr. Valley filed in August 2002

in Mississippi for Mr. Gilmore was dismissed

"for want of prosecution" on December IS,

2003, afte r notice to Valley on September 10,

2003, of this impending action, as shown by

the courT papers attached to Mr. Pederson's

Affidavir, Exhibir D. Mr. VaHey fai led to

inform his client of th is adverse action. caused by Valley's failure ro take care of the

legal bus iness Mr. Gilmore had entrusted to

him.

Mr. Gi lmore filed his discipl inary complaint

April 22, 2005. The Office of Profess ional

Conduct wrote Mr. Valley on January 25,

2006, about this matter. He responded on

May I, 2006, by lerrer, stating he had mai led

Mr. Gi lmore a $300 refund check, and rhat

he had paid rhe Mississ ippi case filing fees

from rhe $455.00. In his lerrer he fuiled to

mention {hat rhe Mississippi action had been

dismissed for his "want o f prosecution" over two yea rs previously.

Vol. 42 No. 3/ SuIl11l1cr 2007 The Arbn as Lalryer 35

Further investigation revealed that Mr.

Valley's an nual law li cense fee to the Arkansas

Supreme Court, due by March I each year,

was nOt paid for 2005 until June 10, 2005, ann his 200() fee wa.~ nor paid until June 15.

2006. Mr. Valley practiced law in Arkansas during these rwo time periods when his

36 The Arkansas Lawyer VIIWW.arkbar.com

Arkansas law license was administratively

suspended for failure to timely pay his li cense

fee as required by Court rule and order.

Specific evidence of his litigation practice

during rhese rime period.~ is contained in the

Affidavits of Denise Parks and Jim Mencer.

Mr. Valley was counsel of record who filed

the appeal docketed as No. 05-268 on March II, 2005, in IVttrillfl Valley" al. v. National Zinc Proussors t!t al. According to

Mr. Mencer's Affidavit, Mr. Valley filed at lease nine (9) ose.~ in Phillips County Circuit

Coun aJone during the twO time periods

here when his Arkansas law license was in

suspended status.

JIMMIE L. WILSON, Bar No. 73 128, of West Helena, Arkansas, was

reprimanded by Committee Findings

& Order filed April 23, 2007, after a hearing, on a referraJ from the Arkansas

Supreme Court in Case No. 2006-042, for violation of Rules 3.3(a)(l), 3.4(c), 8.4(c), and 8.4(d). This macrer arose from the "Lakeview School Funding

Case," Lnkt!vit!lU, et al. v. Huckabu t!t al. , 351 Ark. 31, 91 S.W.3d 472 (2002) (hereafter "Lakeview"), in which Mr.

Wilson participated as an attorney for

many yean, along with other attorneys,

representing the Lakeview School

District. In the 2002 Lakeview opinion,

the Arkansas Supreme Coun awarded

attorneys fees of $3,397,050.00, co ll ectively, to theanorneys for Lakeview.

There were expert witness payment issues

that were unresolved from the Lakeview

case for plaintiff Lakeview's attorneys.

Problems arose with the distribution

of the Lakeview attorneys fees, leading

to the filing of jimmit! L. Wilson v. EUgt!'lt! G. Sayrt! t!t al. in Pulaski C ircuit

Court in 2003 as No. CV03-68 18. The decis ion in that case was appeaJed by Mr.

Wilson and the record was lodged in the

Arkansas Supreme Cou rt on October 6, 2004, as No. 04-1053.

In his poims on appeal and in his brief

he indicated, or allowed the impression

to be raken from his rn3rerials, thar he

was appealing the trial court's division

of legal fees in the Lakeview case, by wltidt Wibull was individually a ... vardcd

$636,518.87. On or abour August 30, 2005, Wilson obtained the check payable to himself for that amount in

the hands of the Pulaski County C ircuit

Clerk and negotiated same, without

informing opposing appellate counsel or

the Supreme Court of his acrion. Upon

lea rn ing of W ilso n 's action , ce rtain appel lees

fil ed a Motion to Dismiss Appellanr's Appeal

fu M oot o n November 9, 2005, alleging

Wilso n's "election of remedies" in cashing

the check. The Coun agreed. granted the Motion, and dismissed the appeal. Wilson

did nO( correct with the Coun the fa lse impress io n of m ate rial fact he advanced in

his appeal . and left it uncorrected , that he

had not accepted or received the benefi t of the erial court's award of atto rney's fees to

him . In his "Suggestions fo r D isqualification:

Request for Recusal of rhe Court En Bane" fi led April 3, 2006, M r. W ilson add ressed to

the Arkansas Supreme Court as a body, and

ro its members, the following language which

the Committee found to be disrespcccfuJ ,

inremperarc. strident, and conrempruous of

the Court : (I ) that the Court had engaged

111 "purposeful discrimination against appellanr (you) on the bas is of hjs race

first and fo remoSt .... "; (2) that the Court

had a Uhismry of unfai rness ro African­

Am erican \a\vyers involved in d isciplinary

proceedings .... "; (4) that the Court, " [Alcted

with such hostili l)' and prejud ice toward the

appeJl anc, it is rational to bel ieve based upon

this COU f t 's histo ry in the arena of me race

quesdon."; (5) "That in every instance in

which appellant has been before the court

and there has been an opportuni ty for Justice

Glaze, particularly. to render an opinion

regarding the rights of the appellam and other African~Ameri ca n lawyers. judges and

African-Ameri can litigan rs on co nsti rutional

and civil rights issues have been in the

extremely nega tive respo nse co up led with

3nragonism and a prejudice that is not only

the belief of the appellam , buc is accepted as

a fact in discourse of conve rsat ional exchange

berween African-American Lawyers as whole

with in rhisstare."; (6) "That the combinations

of the demonstrative prejudices of this court

and the fact that one of this court members

is up for re-election and appellee {Q the

instant lawsuit is a campaign offi cer in his

re-election crea tes a TAlNT that envelopes

the whole insti turion as it relates {Q its abil ity

to give due process to the appellant; Judge

Brown is running fo r re-election and one of

his campaign offi cers indeed a person who

is soliciting funds for the benefir o f Justice

Brown election is Richard H atfield an

appellee in th is case and it is believed that

the court curtailed the fuJI appellate review

in th is ma[[er in order to protect one of its

members re-election official from facing a

review before this court fo r participation

in the conduct alleged in the instant cause,

rhus causing embarrassment to one of it's

members - even though that member had

disquali fied from this case he was still a

member of this Arkansas Supreme Court

as an instirution. See attached Joinr Exhibi t

I ."; (8) "T hat these African-American

lawyers noted in paragraph 32 are the latest

in a series of African-American lawyers who

have been held-up to public ridicule by this

court or its alter-ego the Arkansas Supreme

Business Valuation Forensic Accounting

Economic Loss

L:.J\!\).cr Disciplin:.Jry • ctions

Court Commircee on Professional C onduct

as an example by this court determined effort

to "clean-up" the bar, are treated in a 3800

difference from Caucasian lawyers and the

Caucasian judge involved in the instan t case." ;

(i 0) "T hat the disposition of the appel lant's

causes that have appeared before the court

are based upon our-of-court; ex tra-judicial;

poli tical and racial consideration havi ng

no thing to do with the cases aforememioned

that appeared before the court and have

no thing to do with the merit o f the instant

case. "; ( I I) "This court honors through its

replications ands immortalizations of the

confederate supreme court of arkansas 1861 -

1865, that which cost African-Americans

two-hundred plus years of slavery prior

to the Emancipation Proclam ation and

the 13th Amendment to the Unites State

Constitu tion. Racially motivated ho rrors,

miseries , rapes, molestations and deprivations

are the legacy which this COUrt embraces

through the ceremonial exaltation of this

group of traito rs .... This present Arkansas

Supreme Court through the portrayal of

pictures, plaques and symbols of pride and

recognition of the confederate supreme

court of arkansas found in the halls of the

present Arkansas Supreme Court Building

says a loud "Amen" to the racism embraced

by th is period of jurisprudence in th is state.";

(12) "T his court like every o ther court in the

United States of America has never been a

ftiend to Mrican-American citizens concepts

of constitutionaJ rights, far the less , an

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Vol. 42 No. 3/ Summer 2007 The Ark. nsas La,,),er 37

La\o\Yer Disciplin;.IIY Actions

enforcer of those concepts."; (13) "So a dual

standard of eth ics is approved by the court

one relating to African-American lawyers

who are accused of taking their cliems

monies and one entirely the opposi re apr1ie.1i (0 "'white" lawyers who have been accused

of raking or stealing their clients monies.";

(I 5) "'This court has nor experienced one

1110menr of what it means to be Mrican­

Americans in this country and having nor

spent one momem walking in the shoes of

African-American citizens - having exduded

itself from even minimum experiences with

African-Americans whi le on the bench -

there is absolutely no means by which this

court can have any sensiriviry of "justice" for

the descendam s of Slaves. T his court whi le

still sitting on (he "porch" of the master-3

"porch" called the Arkansas Supreme Court

still maintains these historic distinctions

between itself and persons like the appellant.

This court still approves and fosters a system

of exclusivity in the membership of the court

i.e. while there is no sign "wh ite on ly" visible

it is there nevertheless. This court's approval

of the systematic exclusions of African­

Americans fro m participati ng in the product

that it characterizes as "j usticen is surrea!'»

CAUTION,

JO H N C. BARITELT, Bar No. 87011,

of Jonesboro, Arkansas, was cautioned by

Comm ittee Consent Findings & Order

fi led April 23, 2007, on a Complaint Before

the Committee in Case No. 2006-148, for

violation of Rules 1.1 , 1.3, and 8.4(d). Mr.

Barneit represented Lydia PaJasota duough

the claim process at the Commission. The

Adm inistrative Law Judge ruled in favor

of Ms. Palasota 's claim and awarded her a

rotal 13% permanent impairment rat ing,

based on the tcstjrnony of her treating

MD, Dr. Rosenzweig. On appeal, the Full

Commission, in a 2-1 vo te, modified her

rating (0 the 4% for the cervical spine only

that was offered by Dr. Schlesinger. based on

his IME neurological exam. The docket sheet

111 her case, No. CA-2006-474, reveals the

appellate record was lodged by M r. Bamelt

on May I , 2006. T hereafter he sought and

obtained three (3) extensions of time to fi le

her brief. the last due date being September I , 2006. l ie failed to file a brief. On September

28, 2006, appellee's counsel filed a Motion

to Dism iss. Mr. Barnelt fi led no response.

By Mandate issued October 1 I , 2006, the

Court of Appeals granted the Motion and

dismissed his client's appeal.

Mr. BarneJt responded that he had advised

his cl ient that the Commission decision

against her was supported by subs[antial

evidence and furrher appeal to rhe Arkansas

Court of Appeals was without substantial

merit, based on his almost twenty years practice in the field . Mr. Bander claimed

Ms. Palasota requested that he me a Nodce

of Appeal so she might consider this further,

including the poss ib ili ty of retaining new

counsel. He d id fil e her Notice of Appeal.

JIMMY RAY BAXTER, Bar No. 780 12, of

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L.n\;ycr Disciplin;'IIY • ctions

BentOn . Arkansas. was cautioned and ordered

to pay $5,000.00 restiturion by Commirree Consell( Findings & Order filed June 15,

2007, on a Complaint fil ed by Larry & Mary Ballard in Case No. 2007-034 for violation

of Rules 1.4(a)(4) and 1.16(d). On March

8, 2006, Mary and Larry Ballard mer wirh Baxter in his Benton office to discuss a lawsuit

against the Gulfsrream RV manufacturer

for irs fa ilure co repair problems with their coach. The Ballards informed Baxter mat

time was of the essence, as their warranty was

due to expire in May 2006. After they paid Baxter $5,000 for his services, the Ballards

began calling [Q check on rhe status of their case, and they left several messages for him;

however, their calls were not returned. On

July 31. the Ballards mer with Baxter again regarding their case. Uneasy about how

this meeting welH, rhe Ballards decided ro terminate Baxter's services. They called

Baxter's office on August 3 and informed the

sraff of their decision. They also sent a letter

informing Baxter that his services were no

longer needed and requesting a refund of the

balance remaining on their $5,000 retainer.

TREECA DYER, Bar No. 81052, of Little

Rock, Arkansas, was cautioned by Committee

Consent Findings & Order filed May 21,

2007, on a Complaint Before the Committee

in Case No. 2007-01 7, for violation of

Rules 5.3(b) and 7.4(d). On January 22, 2007, Dyer self-reported that her business

manager, on behalf of Law Offices ofTreeca

] . Dyer, P.A., placed an advertisement in the

2007 Yellow Pages which stated [hat Dyer

specialized in fa mily law. Dyer was nor aware

of this advertisement's contents uncil after it

was placed in the Yellow Pages .

RIC HARD M. GRASBY, Bar No. 85060,

of Litde Rock , Arkansas , was cautioned by

Commirree Findings and Order filed April

25, 2007, fin ed the sum of Five Hundred

Dollars ($500.00) directed to pay restitution in the amoulH of One Thousand Dollars

($ t .000.00) and assessed costs in the al11 0UIlr

of Fifty Dollars ($50.00), all for violation of

Rules 1.3, 1.4(a)(3), 1.4(a)(4), and 1.1 6(d)

on a complainr filed by Jana Young in Case

No. 2007-005. Ms. Young employed Mr.

Grasby in November 2005 to represent her

in Little Rock District Court on charges of

Driving \Vhile Intoxicated and Refusal to

Submit to Testing. Mr. Grasby appeared

with Ms. Young at arraignment and entered

a plea of not guHt)'. Ms. Young received a

letter from Mr. Grasby stating that trial was

set for March 27, 2006. Ms. Young appeared in court on March 27, 2006, bur Mr. Grasby

failed [0 appear. The matter was re-set for

June 12, 2006. Ms. Young contacted Mr. Grasby [0 see about having the court date

changed. Mr. Grasby stared thar he would

have the court date moved. Ms. Young

scheduled an appointment for April 15, 2006, [0 go over discovery information

from rhe prosecutor but Mr. Grasby failed

to attend the meeting. Ms. Young demanded

return of the fees paid but Mr. Grasby failed [0 return the fees following the demand.

MICHAEL JOE HAMBY, Bar No. 89067,

of Greenwood, Arkansas, was cautioned

by Committee Consent Findings & Order

filed May 21, 2007, on a r er Curiam

Order Complaint in Case No. 2006- 109, for violarion of Rules l.l , 1.3, and 8.4(d).

Mr. Hamby filed an appeal from an adverse

Workers Compensation Com mission

decis ion for his client Debra H ill, as Case

No. CA06-758, on July 10,2006. His brief was due on August 2 t. 2006. On August

17,2006, he obtained a first. clerk's "seven

day" extension, making his brief due August

28, 2006. He did nor actually check our the record from [he Clerk's office umil August

17, 2006. On August 28, 2006, he filed a Motion for Extension of Time, and obtained

a second extension to September II , 2006. On September 1 I, 2006, he mailed for

filing another Mmion for Extension of

Time. which was received and file-marked

Seprember 12, 2006. This Morion was

apparently untimely filed. The Clerk's file contains a handwritten note which indicates

his last Motion for Extension of T ime was

filed out of time, and that the Clerk's office

spoke with Mr. Hamby's staff on September

13, 2006, and was ro ld a motion to file a

belated brief would be filed . There is nothing in the Clerk's file to show such a motion was

filed. On October 25, 2006, the Appellees filed a Mocion to Dismiss Appeal , to which

Mr. Hamby failed ro file any response. On

November 15, 2006, the Court issued irs

Mandate, granting the Motion to Dismiss,

ending his c1iem's appeal.

raisals JEANETIE S. HElM BAUGH, Bar No.

97040, of onway, Arkansas, was

cautioned by Committee Consent

Findings & Order filed April 23,

2007, on a Complaint filed by Lisa

Kay Smith in Case No. 2006-081, for admitted violations of Rules 1.3

SA TIE GR'OU'A and 8.4(d) of the Model Rules of

Professional Conduct. Ms. Smith

hired Ms. Heimbaugh in June NCO R P 0 RA T E 0

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2004 to represent her in a divorce

proceeding. Ms. Heimbaugh filed

the divorce complaint during the

end of June 2004. Ms. Smith's

husband was served with the divorce

complaint but did not respond. A

hearing was held in December 2004.

vol. 42 No. 3/ 5ul11111er 2007 The Arkansas La"Yer 39

La\l'ijer Disciplinary Actions

Ms. Smith was gramed a divorce from her husband by Judge Clawson acrhacrime. Acrhe rime of the Affidavit execuccd by Ms. Smith for rhe formal disciplinary complaint, Ms. Heimbaugh had nO[ finalized rhe decree nor had she been removed fro m representation of

Ms. Smith . Ms. Heimbaugh did not act with di ligence in her representation of Ms. Smith fo llowing rhe hearing in December 2004 when Ms. Smith was granted her divorce by Judge Clawson. Ms. Heimbaugh failed to

cause the Decree to be presented ro rhe Court until June 2006. Ms. Heimbaugh's failure {Q prepare and present the Decree from the

hearing conducted during December 2004

caused Ms. Smith not (Q have her divorce

final ized until June 30, 2006, even though Judge lawson granted her a divorce from Bill Smith during the hearing in December

2004 and her failure to presenr rhe Decree to

rhe Court and have the same signed and filed prevented Ms. Smith, her client, from being able to enforce the Order of the Court when Mr. Smith fai led to comply with the holding of Judge Clawson.

WILLIAM GLEN HOGGARD, Bar No. 2000064, of North Little Rock, Arkansas, was cautioned by Comminee Findings & Order filed May 3, 2007, on a Per Curiam Order Complaint in Case o. 2007-007 for violation of Rules 1.3, 3.4(c) and 8.4(d). The Arkansas Supreme Court referred Mr. Hoggard to the Committee in a Per Curiam delivered January 4, 2007. The Per Curiam granted Mr. Hoggard's Mocion for Belated

Appeal in the matter of D~alJlJ Latiolais v. Arkansas D~partm~nt of H~a/th and Human S~rvius. The appeal was first dismissed by the Arkansas Court of Appeals in Ocrober 2006 because of Mr. Hoggard 's failure ro file a brief on behalf of Appellant after requesting multiple extensions of time to do so. Afrer the matter was dismissed by the Court of Appeals, Mr. Hoggard filed a Petition to Rehear the Decision to Dismiss the Appeal. The Court of Appeals denied the Petition. The Supreme Court then considered it and treared it as a Mocion ro File Belated Brief. The Mocion was granted and Me. Hoggard was referred ro the ommiuee. Initially, Mr. Hoggard failed to file a brief in the Latiolais' appeal by the extension granted him until January 19. 2006, after obmining six (6) extensions to file a brief and he did noc file any pleadings on behalf of Ms. Latiolais from January 19, 2006, when he requested additional time to file a brief, until November 13,2006, when

he sought to have the appeal reinstated fcom the Court of Appeals' dismissal fo r his failure to fi le a brief. Mr. Hoggard's fa ilure to fi le a brief for his client by the six th and final extension resulted in the Arkansas Coun of Appeals' dismissing the matter and created the need fo r additional pleadings and actions by the appellate courtS in order ro reinstate the appeal. His failure ro be certain thar he filed a brief on behalf of his client by January 19, 2006, or within the fo llowing nine months before the Court of Appeals dismissed the appeal created unnecessary delay in the appell are proceeding. Further.

his fai lure to be certain that he filed a brief on

behalf of his client by the date given as a fi nal extension created the need for the Court ro

expend additional rime and effort which

would not have been necessary otherwise.

WILLIAM M. HOWARD, JR., Bar No. 87087, of Pine Bluff, Arkansas, was cautioned, fin ed Five Hundred Dollars ($500.00) and assessed costs of O ne Hundred Dollars ($ 100.00) by Committee Consent Findings & Order filed June IS, 2007, for violation of Rules 1.3 and 8.4(d) on a Per Curiam Order Complaint in Case No. 2007-029. Mr. Howard represented Ricky Reese on an appeal from a conviction in ChicO[ County Circuit Court. Me. Howard tendered to the Arkansas Supreme Cuun Clerk a record of the circuit court

proceedings ton December 20. 2006, but failed to comply with the requirements of Rule 5 of the Rules of Appellate Procedure­Civil , in obtaining an extension of rime for fil ing the record. Mr. Howard was directed to fi le a morion fo r rule on the clerk and did so on February 2, 2007. On February 22, 2007, (he Arkansas Supreme Court granted the motion and referred the matter to the Office of Professional Conduct.

STEVEN R. JA KSON, Bar No. 97142, of Fayetteville, Arkansas, was cautioned and fined $ 1,000.00 and assessed cosrs in the amount of Fifty Dollars ($50.00) by Committee Findings & Order fil ed April 2, 2007, for violations of Rules 1.3,

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Vol. 42 No. 3/ Summer 2007 The Arkansas l awyer 41

Lavryer Disciplin;'IIY Actions

1.4(a)(2), 1.4 (a)(3) , 1.4(a)(4) and 1.16(d)

on a Complaint filed by Edward K. Mullen

in Case No. 2006- 146. Edward K MuUen

is the President of Classified Accounts

Management Company, Inc. (CAMCO).

In 200 I, CAMCO employed Mr. Jackson

ro collect from seventy-five debtors. Mr.

Jackson provided CAMCO with a check

in the amount of $5,049.0S but failed to

provide any documentation of the name of

the debtor or the amounts co llected so that

CAMeO could cred it the proper account.

CAMCO requested that Mr. Jackson

provide the necessary informacion but he

failed to respond to the request. CAMCO

term inated the representation by Mr. Jackson

and demanded a final accounting of monies

received. Mr. Jackson sent a final accounting of [oraJ monies received for CAMeO and a

check in the amount of $ 1 ,S73.12, butfailed

[0 provide an individualized accounting of

the names and accounts from whom me

money was received.

CLAUDE RAYMOND JONES, Bar No.

78082. of Harrison, Arkansas, was cautioned

and ordered co pay restitucion in me amoum

of $3,351.20 to each complainant, by

Committee Consem Findings & Order

filed April 23, 2007, on a Complaint rued

by Betty Albertson and John Smith in Case

No. 2007-004. for a violation of Rule I.S(c).

Frances E. Weltch of Harrison. Arkansas, a

widow, died testate in May 2000, at age 88 or

S9, survived by a daughter, Betty Albertson,

and a son, John Smith, boch res idems of

Iowa. Ms. Weltch's long-rime atto rney in

Harrison, C laude R. Jones, prepared a will at

her direction that she executed on june 24.

1998. The will nominated Jones to be her execuror, and left Ms. Weltch's entire estate

to Jones at her death. Both her children

were disinherited under the will. Jones

never opened probate adm inistration of her

estate or offered the will for probate. Betty

Albertson obtai ned a letter dated September

10, 1995, from Mahlon O. Maris, M.D.,

with the laude Parrish Community HeaJth

C linic of the Boone County area, in which

Doccor Maris opined that Ms. Welrch was at

the time an 87 year old femaJe with paranoid

delusional disorde r. and a series of other

personal health and hygiene problems, and that because of her psychosis and medicaJ

problems she could nOt care for herself and

that appointment of a guardian is imperative.

The children contacted Jones about their

mother's esta te. In April 2002 Jones replied

to their attorney in Iowa with a copy of the

WeJrch will and j ones's statement that "She

left everything to me. However, I didn ' t

think it was fair and I told Berty that she

and your client would get a third each." In

February 2003, Jones sold some Weltch

estate rea1ry in Arkansas and sem checks

for $7, I 00.00 to each child, promising a

complete accounting to them of the estate afte r the sale was finalized. From the $ 13,SOO

left from the land sale. which Jones retained.

he later claimed credit for paying estate

obligations. including the funeral home bill

of about $4,600 in May 2003, wh ich totaled

$7,177.67, leaving a balance of $6,702.40

as Jones's net share of the estate. Me. Jones provided this :lccounting to the children by

his lecrer to Stark Ligon dated Occober 13,

2006, in reply to Ligon's lener of September

10, 2006, to jones, written after Ms.

Albertson filed her complainr aga inst jones

in 2003.

SUSAN JON ES, Bar No. SIIOI, of Royal,

Arkansas, was cautioned by Comm ittee

Consent Findings & Order filed April 23,

2007, on a Complaint filed by Stephanie

Brogdon in Case No. 2007-0 14, for violation

of Rules 1.3, 1.4(a)(3), and 1.4(a)(4).

Stephanie Brogdon retained Jones in March 2006 co file an uncontested divorce. After

several months. Ms. Brogdon found it

difficuJr to contact Jones regarding the status

of her case. After attempts co contact j ones by

telephone failed, Ms. Brogdon emailed Jones

and threatened to fi le a complaint against her.

Jones apologized for her fail ure to maintain

communication, and she thereafter filed the

divorce complaint in October 2006. When

Jones realized that the court's file did not

comain a waiver signed by Ms. Brogdon's

estranged husband, she requested that Ms.

Brogdon have him sign the waiver before

a notary and then take it, along with the proposed decree, to the courthouse for the

judge's approval. Ms. Brogdon took these

documents to the courthouse on November

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42 The Arbnsas La\.'Yer www.arkbar.com

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17, 2006, and the Order was entered on

November 20, 2006.

JAMES M. PRATf, JR., Bar No. 74 124,

of Camden, Arkansas. was cautioned by

Comminee Consent Findings & Order

f~ed May 2 1, 2007, on a Complaint filed

by Rhonda Neal in Case No. 2007-026,

for a vio lation of Rule 1.3. Mr. Prate's

client Rhonda Neal's divorce was final on

December 26, 2002, when the Decree was

filed in Arkansas Counry, Arkansas. The

Decree awarded her cectain interests in her

former spouse's pension, IRA, retirement or

savings plan with his employer, Producers

Rice Mill , Inc. An employer-approved

qualified domestic relations order (QDRO)

is required to adequately protect the: righ ts

of an "alternative payee" (here Ms. Neal) in

such assets of a former spouse. Mr. Peact took

no action to prepare a QDRO until after

Ms. NeaJ came to his office in December

2004 and inquired about the matter, and his

office then realized he had fai led co initiate

any QDRO. Thereafter, it [Ook him umil

September 8, 2006, [0 ger fi nal employer and

court approval of a QDRO and have it filed

with the court clerk. He failed to provide

rhe employer with a fil e-marked copy of the

QDRO, so rhe employer [Ook no action on

it until rhe Office of Professional Conduct

provided such a copy co the employer on

O cmbcr 16. 2006. From an initiaJ ierccr of

inqui ry on March 15. 2005. informing Mr.

Pratt that Ms. Neal had filed a complaint,

until Ocrober 16, 2006, the Office of

Arkansas, was apPolllted Administrator,

and thereafter Mr. Sbano[[o se rved as the

attorney in rhe probate administration. Filing

a petition fo r paymenr of anorney's fees

prepared hy Mr. Sbanotto , on August 23.

2003, Mr. Hatfield obtained court approval

ro pay $5,182.48 for M r. Sbanotro's legal

services to the esta te. His fees were then paid

in full. On September 3, 2003, an order was

emered allowing payment of certain claims

against the solvenr estate. The case docket

showed no activiry from March 22, 2004,

until May 19,2006, when Judge Epley set

the matter for hearing on July 18, 2006. He

directed Me. Sbanorto to be presenr at rhe

hearing. Mr. Shanotto did nor appear.

T he Estate had been ready to be closed

fo r some time. M r. Sbano(co has not been

in contact with the Administracor, Darrin

Hatfield , for some time. Mr. Sbanoero was

contacted by the Office of Profess ional

Conduct by telephone and e-mail by Occober

19, 2006, and by letter of November 16,

2006, by Darrin Hatfield. Mr. Sbanorro

responded to Mr. Hatfield by leerer on

December I , 2006, offering to refund the

fu ll fee he had received in 2003, less out

of pocket costs and asking to be allowed

to withdraw from the represemation. Mr.

Sbanotto sent Mr. Hatfield a $4,835.00

refund and was permitted ro withdraw. Mr.

Hatfield employed new counsel co conclude

the Estate's remaining court business.

MlMA CAZORT KILG ORE WALLACE,

Bar No. 84156, of Fayetteville, Arkansas,

Profess ional Conducr made numerous was caurioned and fin ed the swn of Five

contacts with him by leerer, e-mail and

telephone, urging him co timely accomplish

the QDRO for Ms. Neal.

DENN IS SBANOTTO, Bar No. 83152,

of Fon Smith, Arkansas, was cautioned by

Committee Consent Findings & Order filed

April 23, 2007, on a Judicial Complaint

from C ircuit Judge Alan Epley of Carroll

Coun ty in Case No. 2006- 178, for vio lation

of Rules 1.3, 1.4(a)(3), 1.4(a)(4), and 3.4(c) .

In January 2003, M r. Sbanotto petitioned co

open probate administration of the es tate of

Alveda Harfield in Carro ll COUnty Circuit

COli n - Probate Division, as No. P-2003-

5. Her son, DaHin Hatfield of Berryvi lle,

44 The Arbnsas l avryer www.arkbar.com

Hundred Dollars ($500.00) and assessed

COstS in the amount of Fifry Dollars ($50.00)

by Committee Findings & O rder fil ed Apr il

2, 2007, for violation of Rules 1.1 , 1.3,

1.4(a) , 3.4(c), and 8.4 (d) on a Complaint

filed by Caressa Hasha in Case No. 2006-

145. Caressa Hasha was involved in a motor

vehicle accident on April 27. 2004, and

t:lllpluyt:J Ms. Wallace [0 represent her in

the matrer. Ms. Wallace filed suit in Bemon

County C ircuit Court on April 27, 1997. T he

opposing party fil ed an answer to the lawsuit

and a ser of I nrerrogacories and a Request for

Prod uction of Documents. Ms. Wallace did

nor file a response to the Inrerrogacories or

Request for Production of Documents. The

court directed thar responses be filed. No

responses were filed. O n February 3, 1998,

the court enrered an Order ro D ismiss with

Prej udice. Ms. Hasha made attempts to

contact Ms. Wal1 ace bur was nor able to speak to Ms. Wallace until May 1998. M s. Wallace

admitted that she had been ill in November

1997 and that she had been slowed down as

a result. In May 1998 Ms. Wal lace filed a

motion to re-open the closed case. The court

did not rule on Ms. Wallace's motion and it was deemed denied. _

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Vol. 42 No. 3/ Summer 2007 The Arkansas LalIYer 4S

In Memoriam

~ !P illd ,., I,

III I , 'I

- ..

Judge George H oward, J r. United States District Judge George

Howard, Jr. , of Pine Bluff died April 21, 2007, at ,he age of 82. Judge Howard, [he federal judge who presided over me lengthy Whitewater trials. was We first black Arkansan ro serve in federal court, on the stare's Supreme Cou rt and the Arkansas Court of Appeals. Before being appoinred ro [he bench, he was an anorner in private practice and the first black appoinccd to

[he Arkansas State C laims Commission. where he served for seven years. including four as chairman. From 1966 ro J 970, he was a member and later chairman of the Arkansas Advisory Commircce ro the U.S. Civil Riglus Commission. Before he was appointed ro the State Claims Commission, he was one of rhe most active civ il rights lawyers in the state, frequently working for [he Legal Defense Fund of [he NAACP.

A native of Jefferson Cou ney, he left Merrill High School to participate in the national Youth Admi nistration Program

before joining [he United Stares Navy where he served as a Seabee in World War II. His experiences as a black Seabee fighting racial barriers led him [a attend law school. He attended Lincoln University in Missouri on a GI Bill and then the University of Arkansas ar Fayerceville. where he received his law degree in 1954. He was the fourth black student ro graduate from the law school.

" In commems from [he bench and in con­versat ions in his chambers. Howard made it clear that he regarded his job as an honor and a se rious duey ro his country," accord­ing (0 an arr icle in rhe Arkllnsas Dnllocrllt­

Gaulte. "This unwavering philosophy was reflected in a CQ ml11enr he made shordy after his 1980 appointmenr ro the Eastern

46 The Arkansas La"ycr www.arkbar.com

District by President Carter: ' I walked in nO[ as a black judge for black people but as a judge for all the people.'"

Michael T. Sherwood Michael T. herwood of Sherwood died

January 12, 2007, at [he age of 49. He graduated from the University of Arkansas at Little Rock with a business degree and earned his juris doctorate degree from the University of Arkansas at Little Rock School of Law in 1989. He served twO terms as Justice of the Peace for Sherwood. He was a real esta te lawyer and served as the Public Defender for herwood District Court for 12 years. He was a member of the Arkansas Bar Association, where he served on several committees, and a member of the Arkansas Associa tion of Criminal Defense Lawyers and a member of ABATE. He is survived by his daughter May Scarlerr Sherwood.

Richard Lee " Dick" Pratt Richard Lee " Dick" Pratt, formerl y of

L1ke Vi llage, d ied March 7, 2007, in Hot Springs. He was 78. He graduated from the University of Arkansas. He served wi th the Air Force JAG office during the Korean War. Starring in 1953, he practiced law in Little Rock over the next 30 years. He was a member of the Arkansas Bar Association. He is survived by his wife, Carol Pickens Pran; Twn .. nns, Richard F. Pran and Jon D. Prarr: and a daughter, Angela M. Pratt.

James H. " Buck" Nobles, J r. James H . "Buck" Nobles,Jr., ofEI Dorado

died March 24, 2007. He graduaced from the University of Arkansas and earned his juris doctorate degree from the University of Arkansas School of Law in 1938. lIe rhen pracciced law rrom 1938- 1940 in EI Dorado before serving in the U.S. Army during World War II. He became managing part­ner of MacFarlane Company-USA, L.L.c. where he worked until his death. He was a member of the Arkansas Bar Associa[ion, the Independellf Perrolellm Associarion of America, and served on the board of direc­to rs of National Bank of Commerce. He is survived by a son, Hunon Nobles.

Gerald W ayne James Gerald Wayne James of Litrle Rock died

Apri l 3, 2007, ar [he age of 73. He gradu­ated from the University of Arkansas at

Fayerreville and earned his juris doctorate degree from the University of Arkansas School of Law. He was a United States Army veteran. He began his career at Travelers Insurance Co. and joined Blue Cross Blue Shield in 1976. Af[er [Wenry years work­ing in the administration of the Medicare program, he retired as director of federal programs in 1997. He is surv ived by a son, Gregory W. James; and a daughter, Jan Fairman.

J ames William "Bill" Cain, Jr. James William "Bill" Cain, Jr., of Lirde

Rock died April 9, 2007, at [he age of 69. He graduated from [he Universiry of Arkansas at Fayetteville and attended the University of Arkansas School of Law. H e earned his juris doctorate degree from the Washington College of Law. American University, Washington, D.C . in 1962. Following graduation from law school and active duty in the Navy, Bill was associared from 1963- 1969 with Grove, Jaskiewicz & Gilliam, Washington, D.C. and became a

parmer in 1967. In 1970, Bill became a part­ner with Turney & Turney, Washingron, D.C. and cominuccl to engage in transporta­rion practice. Upon the breakup of Turney. Bill , along with tWO of his former partners, remained ar the same address and continued praccice. From 1976 to 1985, Bill was in solo practice in Washingcon, D.C. He moved to Little Rock in 1985 where he was General Counsel for Advocacy Services, Inc., now Disabiliry Rights Center, Inc., from 1987 unril he ret ired in 2002. He was a member of the Arkansas Bar Association and the D.C. Bar Association. Bill was always a civil rights advocate. having marched in the Alabama Freedom marches in the '60s. During the time Bill practiced in Washington, D.C., he volunteered regularly to represenr juveniles involumarily confined at Saint Elizabeth's Hospital. During the time he was General Counsel for Disability Rights Center, Inc., he dealt with issues involving children with disabilities and was a respected and trusted advocate for chi ldren and families.

J er ry K. T homasson Jerry K. Thomasson of Bismark died April

29, 2007, a[ [he age of 75. He earned his juris doctorare degree from the University of Arkansas School of Law in 1959. He was a Korean War veteran. He was a state

represenrat ive from Clark Coun ty in the Arkansas Legislature fro m 1962 to 1966. He was librarian of the Arkansas Supreme Court when jim j ohnson was C hief Justice. He was in pri va te practice for eight years with Huie, Huie and T homasson in Arkadelphia. He served as a referee for [he Arkansas Workmen's Com pensatio n Comm ission from 1960-61. He was 3 member of the Arkansas Bar Association where he served as chair of the Legal Aid Commi[[ee. He is survived by his wife of 46 years, juanita Yates T homasson; and a daughter, Grace Ann Weber.

Nelwyn Leon Davis Nelwyn Leon Davis of Little Rock and

New Orleans died in Litde Rock on June 6,2007. She graduated from rhe University of Arkansas at Litde Rock and earned her juris doctorate degree from the Univers ity of Arkansas at Little Rock School of Law. During her legal career, she was assistant attorney general for the state of Arkansas, a Pulaski County attorney and had a private civil rights practice. She was commi[[ed to communiry service, she was a member of the Arkansas Bar Associat ion and numer­ous service and civic organization. She is survived by her husband Alben ; her four children, Nbert H. "Kip" Davis, Jr., Lisa Davis, Frances "Ti ' Davis Roher, and Paul Leone Davis.

R.J. uBud" Brown R.J. "Bud" Brown of Little Rock d ied

June 6, 2007, at the age of69. He received a Bachelor's degree from Yale University and his juris doctOrate degree from the University of Arkansas School of Law in 1967. He was a captain in the Marine Corps. He had a distinguished career in law serving as chief depury prosecuting attorney under Jim Guy Tucker. He was a member of the Arkansas Bar Association where he served on numer­OliS committees and sections. He served as pres idenr of the Arkansas Mortgage Bankers Association. He was a charter member of the Little Rock branch of the ACLU. He is survived by his wife, Jeanne; his chi ldren Micah (Veronika), and Jacob. _

The A rka nsas Bar Foundation ack nowledges with grateful appreciatioll the

receipt of the following memorial, honorarium dud scholarship co"tribll~io,lS

received during the period March 16, 2007, through JUlie 20, 2007.

IN MEMORY OF NANCY BAILEY Hyden, Miron & Foster, P.L.L.C.

IN MEMORY OF EDWARD W. BROCKMAN, JR. Hyden, Miron & Foster, P.L.L.C. Jefferson County Bar Association

IN MEMORY OF J. WILLIAM CAIN, JR. Justice D avid Newbern

IN MEMORY OF SANDRA WILSON CHERRY Carolyn Clegg Hyden, Miron & Foster, P.L.L.C.

IN MEMORY OF JEWELL DOWDEN Watts, Donovan & Tilley, P.~

IN MEMORY OF P.A. "LES" HOLLINGSWORTH, SR. James D. Sprott

IN MEMORY OF JUDGE GEORGE HOWARD Hyden, Miron & Foster, P.L.L.C. Mike Spades, Jr. Fred S. Ursery

IN MEMORY OF DANIEL SPROTT Carolyn Clegg

IN MEMORY OF WILLIAM J. WYNNE Carolyn Clegg

SCHOlARSHIP CONTRlBUTIONS

WILSON & ASSOCIATES ETHICS SCHOlARSHIP FUND Wilson & Associates, P.L.L.C.

MEMORIAL GIFTS

Please remember the Arkansas Bar Foundation when you choose to make a memorial gift honor­

ing a family member, a colleague or a friend of the profess ion. Acknowledgments are sent by the

Foundation ro the family advisi ng them of the comriburion. The Arkansas Bar Foundation also

receives and acknowledges gifts honoring individuals for a special event in their lives.

Arkansas Bar Foundation · 2224 Conondale Lane ' Little Rock • Arkansas 72202

Vol. 42 No. 3/ Sulluner 2007 The Arkansas la.ryer 47

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