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MARCH 1968VOL. 1 NO.4

THE OFFICIAL PUBLICATIONOF THE

ARKANSAS BAR ASSOCIATION

The

ARKANSAS LAWYERIN THIS ISSUE

FEATURE ARTICLES

Association Starts Unification Study ......•....•..........6

ASSOCIATION OFFICERSEthics and the Ethical Profession ... I;ralll< It'ari/clI 8

William S. Arnold. President

J. Gaston Williamson, Pres. ElEct

Philip E. Dixon. Secretary·Treasurer

EXECUTIVE DIRECTOR

Enforcement of Selective Service Laws .... Ivil/i", II F. Shemlal111

Unusual Problems Judge Lec 11'''''/ 14

LeRoy B. Gaston

EXECUTIVE COMMITTEE

Five UCC Seminars Set For Spring .. Dr. J~ob('rt I~. II)rig/lt 16

Winslow Drummond Chairman

Otis Turner

James C. Hale

C. R. Warner Jr.

Robert C. Compton

Stephen A. Matthews

EX·OFFICID

Court House Remodeled ................•............. 19

REGULAR FEATURES

Juris Dictim c. n. Huie 17

Published quarterly bv the Arkansas BarAssociatIon, 314 West Markham, LittleRock, Ark. 72201. Second class postagepaid at Little Rock, Ark. Subscription priceto non-members of the Arkansas BarAssociation $6.00 per year and to members$2.00 per year included in annual dues. Anyopinion expressed herein is that 01 theauthor, and is not necessarily that of theArkansas Bar Association. The ArkansasLawyer, or the editorial committee.Contributions to The Arkansas Lawyer arewelcomed and should be sent, in two copiesto the Arkansas Bar Center, 314 WestMarkham, Little Rock, Arkansas. 72201.

William S. Arnold

J. Gaston Williamson

Philip E. Dixon

Richard Mays

Maurice Cathey

F;'les F. Batchelor

James E. West

Herschel Friday

EDITORIAL COMMITTEE

James W. Moore· Philip E. Dixon

J. Michael Shaw· Willis B. Smith Jr.

John A. Davis· Dennis L. Shackleford

Charles M. Mooney' Eugene Raft Jr.

Eugene A. Matthews Jr. • Lynn F. Wade

Philip S. Anderson Jr. • Glenn W. Jones

7th Annual Arkansas Oil & Gas Institute

President's Interim Report

News Notes/Seven Top Speakers .

....2

II). S..·Imo'i/ 3

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Seventh Annual ArkansasOil & Gas Institute

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8:00 a.l11. Registration - Foyer - Convention Hall Majes­tic Hotel

9:30 a.m. Assembly - Convention Hall - Majestic HotelPresiding: Robert IV. Vater, Fort Smith, Co­Chairman Welcome: Winslow Drummond,Chairman Execlitive Committee, Arkansas BarAssociation "Effects of Oil and Gas Commis­sion Orders on Lease Obligations" - Spence A.Lcamolls, Fort Smith, Arkansas "Recent De­velopments in Oil <Jnd Gas Law" - Edward P.Jones, EI Dorado.

J2:00 NOON Luncheon - Terrace Room - Majestic HotelPresiding: Edwin B. Keith, Magnolia. Co-Chair­man. "lVhere Do lVe Go From Here" - EdwardA. A1bares, lVashington, D. C., LuncheonSpeaker

2:00 p.m. Assembly - Convention Hall - Majestic HotelPresiding: Robert IV. Vater and Edwin B.Keith. Co-Chairmen "Gas Royalty - At WhatPrice" - Louis A. Fischl, Ardmore, Okla. andLewis G. Mosburg, Jr., Oklahoma City. Oklah­oma

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12:00 NOON Luncheon-Terrace Room-Majestic HOlel; Pre­siding: Robert IV. Vater, Fort Smith, Co-Chair­man; "A Geologists's Opinion of Lawyers andLandmen"; Dorsey M. Ryan, Fort Smith,Luncheon spca ker.

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UtePIISIBllr~S

~IIPOIT~

"What I am about to say may shock some ofyou. It may intrigue some of you. In aUprobability all of you will conclude that yourpresident has flipped his lid."

William S. Arnold

Cha in Store Law Offices-A Solutio n?The ideas I will voice are not all original. As I have traveled

this year I have talked with many lawyers from many differentplaces. To some degree many of them are struggUng with someof the same problems we have in Arkansas. Some of themrecognize the problem for what il reaUy is, others just knowthere are trends. TIley either do not see or do not want to seethe source nor the possible solution.

I do wanl to presenl lhe problem. I will have more to say onthis subject before this year is over. But right now-for thelack of belter language to derme, we will call it "ShouldCountry Lawyers Amalgamate?"

Webster defines "Amalgamate" tllis way:UTa unite in an amalgam. To combine into a unified whole,

as two races." For our purposes we will be a bit less precise.We will use the word to mean "An association together formulual benefits." As I staled earlier, I intend only lo presentsome facts. You may not even agree with my conclusions fromlhe facts. My ideas for resolution of suggested problems maybe even less appealing. It is one of the typical tendencies of welawyers to disagree about the conclusions to be drawn from agiven set of facts.

What then are the facls?I. Many small towns in Arkansas today have no lawyers or

only one elderly, nearly retired practitioner to whom suchthings as the uee, Electronic Retrieval, Xerox machines andeven the Dictaphone are tllings he reads about, bUI does notunderstand, in the occasional published brochures that cometo his office.

2. The lawyer population of the stale is lending toconcentrate in metropolitan arcas and in ever increasing-in-sizefirms.

3. It is weU nigh impossible, at any price, to induce younglawyers to return to the small town where they were born. Ifthey arc willing, then their wives are not.

4. Group legal services arc on the rise.5. The practice of law grows daily toward the specialized so

that to be a general practitioner becomes more a label oflimitation than a badge of competence.

It is my personaJ view that these trends are even causingconcern in small firms in some of our middJe size cities. Inthese cities firms which were once proud establishmentsperpetuated in part by the return of sons are now finding the

3

competition from the large city firms too much for them andby human attrition they arc dying on the vine.

In listing the facts I have not referred to the client demandsthat are in part responsible for these conditions.

We all know that living today, whether it be in Hope,Hamburg, Harrison or Hot Springs, grows more complex andregulated. The th.ings that cause the complexities and providethe regulation also demand that legal advisers of farmers,stockmen, merchants, shop owners and manufacturers possessthe education and research resources to enable them to raoidlvand skiUfuJly chart a safe course through lhe shoal watcrs ofSEC, VCC, ICC, Wage & Hour, Income Tax and EstatePI a n ning, Anti-Trust, Corpora te Mergers, as well asconveyancing, bills and notes, foreclosures and negligence andcompensation law problems.

It is also my personal view that tl,ese facts should be of asmuch concern to the "city lawyer" as they are to the "countrylawyer." I ask you, visualize for yourself what would be thefate of the private practice of law in Arkansas if there were nolawyers except in Uttle Rock, Texarkana, Pine Bluff and FortSmith. TIlere would be literalJy thousands of people wilhoutrepresentation. TIle demands for government interventionwould be irresistible. We would see "'egal assistance attaxpayers expense" on a massive scale beyond the wildestdreams of those who now espouse the cause of OED and itsprogram of legal ajd to the indigent. Inevitably all lawyerswould find themselves forced into government service, on oneside or the other.

With this background I now come lo lhat crazy idea Ipromised you.

First lel me tell you the story of a lawyer I know in Florida.Not so many years ago he started out as a sale practitioner in asma.1I town in North Florida. After a few years he took on firstone partner, then another. TIleir reputation grew and they sawan opportunily for an office in a nearby town of 15,000. Thefirm expanded, operating in both communities, and added afew specialists to the letterhead. Then the grass looked greenin a city of 35,000 located some 25 miles away and so theybranched again, opening an office in the city. Now with officesin three towns and some 2S in the firm, counting partners and

Continued on page 4

associates, they are considering offices in other towns, largeand small.

Such a firm as O,is can preserve the concept and localservice aspects traditional to the country lawyer while at thesamc time bringing to the small town businessman and thefarm community planter or stockman, from its own staff inone of its branch offices, all of the specialists presently offeredonly by the larger metropolitan firms.

Let me hasten to assure you that this firm is not an isolatedcase. Let me give you some other examples found today inFlorida:

I. A firm with offices in West Palm Beach and Rockledge ­117 miles away

2. A firm with offices in Miami, Fort Lauderdale and Tampa(TIlesc arc different counties and judicial circuits)

3. A firm with offices in Jacksonville, Daytona Beacli,Rockledge and West Palm Beach.

4. A firm with offices in Orlando and Cape Canaveral.5. A firm with offices in Orlando and Cocoa Beach-50 miles

apart.6. A firm with offices in Jacksonville and Fort Lauderdale.7. A firm with offices in Miami and Fort Lauderdale.8. A firm with offices in Miamj and Cocoa Beach - 200 miles

aparl.9. A firm with offices in Miamj and Tampa and St.

Petersburg.10. A firm with offices in Miami and Fort Lauderdale and

Palm Beach.II. A firm with offices in Miami Beach and Tallahassee.And there are many other examples. A rcccnt count

indicates 30 firms with more than one office and at least 1/3have 3 offices and aile with four. TIlOugh most have at leastonc office in a large city, a number have all their offices inwhat we would call small towns. About one half are engaged ingeneral practice, six specialize in negligence defense, four inplaintiffs cases and some of the others specialize in such areasas bankruptcy, taxation and savings and loan.

I recently at tended the annual meeting of thc Oklahoma BarAssociation. I found that this type of operation is findingincreasing favor among Oklahoma lawyers. Typically it seems(0 find origin in firms who conCClllrate in defense work and inplaintiff actions but, if Florida is a fair example, firms doing ageneral practice predominate in chajn store law officeoperations in a short time.

For lack of a better namc at present, I refer to such a setupas chain store law office operation. Such chain-storeoperations may come into existence a number of differentways - most of them being by some process of amalgamation:

I. A metropolitan located firm, instead of adding additionalpartners at its office might consider a merger with one or morefirms in nearby communities, maintaining both outlets.

2. Several law firms nearby to each other in smallcommunities might join forces operating either one firm name,

or djfferent names in the various communities and share theburden of added library resources and addition of specialists orby permitting one or more of the members of tlle mergingfirms to train as a specialist.

3. A small town firm can expand its operation intoadjoining communitjes, with or without locally situatedlawyers, and gradually enlarge and expand so that it is in aposition, at one or more of its branch offices, to offer thedemanded specialties.

An alternative to these amalgamations may be a regionalspecialty and research center. Such center would be located atsome point geograpltically convenient to lawyers of a servicearea, would have legal research tools adequate for any problemlikely to arise, probably combining in part the county lawlibraries of several counties, be staffed with such speciallytrained lawyers as meet the needs of the practitioners andpublic of the region. Expense would be subscribed in part bythe law offices of the region and in part on a services renderedbasis.

As I said at the outset I do not represent to you that theseideas are the best or the only means of resolving the problemof the decline of the general practitioner. TI,e facts I haveoutlined I think you will agree arc facts. Some of you may notagree that these facts indicate there is a problem that needs asolution. Indeed, some of you may feel that it is past time thatthe condition I have forecast should come to fruition.

Let me give you the benefit of the thoughts of anotherlawyer concerned with tltis problem, and I quote from a recentletter I received from Mr. Chesterfield Smith, who has officesat Lakeland and Barton, Florida:

"'Onc of the principal reasons for the success of large lawfirms is that they have no difficulty in communjcating to thepublic that they offer specialized services and that thecollective abilities of their lawyers enable them to bespecialists in every field. The official recognitjon of specialistswho mjght combine together with generaljsts in a chajn-storclaw office operation would enable the public to learn or theavailability of specialization through small practitioners or bylawyers in small firms. Certainly it would 3.id those lawyers ininforming the public that specialjzed services are also availablcfrom them as well as from larger law firms, I frankly believethat it will enable the small practitioner Inore effectively tocompete with the large law firms; it may well be the bestmeans available to insure the survival of the smallpractitioner."

I challenge all of you to think well on these matters. Youmay even now be presiding over the death of general lawpractice outside the metropolitan areas as you have known it.Whatever can be done must be done, and soon.The paths thatlead to preservation of the relationship of attorney and clientwhkh is the peculiar forte of the general practitioner may notbe those I have suggested but, such paths can and must befowld and trodding them soon begun. •

4

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Statement TimeMrs. Barbara Ghormley, membership secretary, preparesto send out the final statements to those Arkansas BarAssociation members who have not paid their dues forthe 1967-68 membership year. Membership figures arerunning well ahead of last year, but too many membershave as yet not sent in their dues. Members whose duesare not paid by March 31, 1968 will be considereddelinquent and their cards and Addressograph plates willbe removed from the active file. Agents for the insurancecompany handling the Association sponsored Groupinsurance require that names of delinquent members besent to their office so that insurance on these formermembers may be cancelled.

Law Office EconomicsMrs. Judith Gray, assistant executive director, prepares

a display of law office economics material for the BarCenter. The material was provided as part of the registra·tion fee at the mid·year meeting and is now available tothose not attending the meeting. Cost of the set of fivepamphlets is $2.00, plus postage. The pamphlets coverLaw Office Layout and Design, A Yardstick for LegalRecords and Information Retrieval, Administrative andFinancial Management In a Law Firm, Proceedings of theFirst National Conference on Law Office Economics andManagement, and An Attorney's Guide to Law OfficeDictation.

Statement Of Principals

For A Unified Bar Association

i. THE UNIFIED BAR SHALL BE AN INDEPEN­DENT SELF-GOVERNiNG DEMOCRATIC OR­GANIZATION.

II. THE UNI FlED BAR SHALL BE COMPOSEDOF ALL ACTIVE PRACTICING LAWYERS OFTHE STATE.

OFFICIAL U.S. COURT REPORTERARKANSAS DEPOSITIONS & GENERAL REPORTING

STENOTYPE REPORTING

It is important that the Bar be free of control, especiallyfrom the legislative or executive branch of government. It isproper, and under Amendment No. 25, necessary thai theSupreme Court "m<lkc rules regulating the practice of law andthe professioJl<.l1 conduct of attorneys at law," which implies apower of enforcement of the rules so made but does 110t

require that rhe court act as policeman or prosecutor. Thecourt will, of course, be interested in other activities of the Barlooking toward a better and morc efficient administration ofjustice, but need 1101 undcrwke to dictate such activities, andthe judges. being lawyers, should have the same privileges intheir individual capacities as any other lawyer.

Of course, no lay group or entity should be permitted anydegree of control over hlwyers or their activities, nor should<.Iny group or class of lawyers dominate the organization.

This can be accomplished by adequate provisions forself-government under democratic principles. An obviousmethod would be to create a governing body of the associationsuch as u "Board of Governors" to be elected from territorialdistricts by the lawyers of each district, thereby assuring thewidest spread of representation and be responsive to the willof a Il1ujority of the lawycrs. Adequate provision could bemadc for referendums to the entire membership on matters ofgrcat COllcern.

There is no doubt that the charter provisions for the UnifiedBancan be worked out consOllunt with these principles, thoughthis is not the place to propose them in precise terms. Theyshould be worked out with the aid and assistance of all lawyersand reduced to precise provisions for submission to theSupreme Court.

FR 2-1414LITTLE ROCK, ARKANSAS

DEAN C. LEASURE

P. O. BOX 2435512 U.S. POST OFFICE

6

Lawyers, having an exceedingly rugh regard for theirpe rsonal independence, tend to react violently at anysuggestion of compulsion. Nevertheless, they have acceptedthis basic principal under rules already in force adopted by theSupreme Court relative to annual license fees and enforcementof the Canons of Ethics. Furthermore, a truly effective Barmust be one in which all lawyers participate. Unless the actionof the Bar represents a consensus of all lawyers, it isnecessarily discounted as the voice or action of a few. Again,the viewpoint and ideas of all the lawyers is more apt to leadto more effective and constructive activity.

If we concede that a lawyer owes any obligation to Ius fellowlawyers, or the better administration of justice, then thaiobUgation can best be discharged in concert with all otherlawyers. Otherwise, however good h.is proposals, he is a voicecrying in the wiJderness. He is without the support andresources of his fellow lawyers.

If we concede that unauthorized practice of law is a propersubject for action, then all practicing lawyers are involved. Onealone can do almost noth.ing. A few can do tittle more, but allbecome a force to be reckoned with. AJI are the beneficiary ofany progress in that field.A1I should support the activity bycontributing their viewpoints and ability in determining whenthe line is overstepped and the appropriate action to be taken.If we concede that continuing legal education is beneficial tothe public and our clients, then its benefits should be open toall, and all should participate.

One lawyer can do practically nothing about misconduct ofother lawyers. Yet, it cannot be doubted that all of us owe anobligation to protect the public from those very few who usetheir license to take advantage of their clients. This can bedone only by all lawyers acting together to maintain thestandards we agree to be proper. We should collectively be thepolicemen and prosecutors of wrongdoers in our profession forthe benefit of the public and protection of the lawyer. Whenthis is left to the courts, even though they appoint committeesto investigate, the responsibility is placed on the courts andthey are forced to be policeman, prosecutor and judge. Wherecharge,S are screened or initiated by the Bar itself, the courtscan perform their judicial functions in protecting the parties orredressing wrongs in cases before them.

III. THE UNIFIED BAR SHALL PROMOTE THEBETTER ADMINISTRATION OF JUSTICE.

Implementation of tltis principle will involve many andvaried activities, and it wouJd be impossible to here list themall. They may well include:

<a) Proposal of legislation to cure statutory injusticesas, for instance, was done in regard to the wrongful

Heartsill Ragon, ChairmanBruce BullionJ. C. DeaconAlbert Graves, Jr.Richard H. MaysW. B. Pu(mallLouis L. Ramsay, Jr.James Neill Smith

PROPOSED UNIFICATION OF ARKANSAS BAR ASSOCIATION

(Observing the satisfactory operation of a unified Bar in a greatnumber of states, including our neighboring states, the ExecutiveCommittee of the Arkansas Bar Association and President William S.Arnold appointed a special committee to study the feasibility of sucha plan as it might affect lawyers of the State of Arkansas, and toevaluate its merits. The first task of the committee was to formulatethe basic principles for such an organization and the followingstatement of principles has been formulated on behalf of thecommittee and reduced to writing by G. Byron Dobbs of Fort Smith,Arkansas. The comments and advice of the Bench, Bar and public isrequested and should be directed to one of the committee members.)

death statute and many others.(b) Proposals for better procedures in handling court

cases - as the jury instructions.(c) Adequate provision for the protection of the indigcnt­

now a must in criminal law.(d) To find and propose means of securing the best

qualified judges and court personnel.(e) To obtain qualified personnel in the profession.

IV. THE UNIFIED BAR SHALL PROMOTE THEINCREASED EFFICIENCY ANDCOMPETENCY OF LAWYERS.

Obviously this includes, but is nOt limited to the variousseminars and institutes under the flag of continuing legaleducation.

V. THE UNIFIED BAR SHALL DETERMINESTANDARDS OF CONDUCT FORATTORNEYS AND PROVIDE FOR THEIRENFORCEMENT.

n,e standards of conduct of the lawyers of tliis State shouldbe set by all lawyers rather than by Supreme Court fiat as isnow done. It is an imposition all it to require it 10 point anaccusatory finger at any lawyer. The specific standards of aUnified Bar must, of course, have the approval of the court.

VI. THE UN IFI ED BAR SHALL TAKE PROPERACTION TO PROTECT THE PUBLIC FROMLOSS ARISING OUT OF LEGAL ADVICE ORREPRESENTATION BY LAYMEN.

What is proper action and what constitutes legal advice andrepresentation should be determined by all the lawyers.

SummaryIn ShOft, the Unified Bar must be an independent.

self-governing body in which all practicing lawyers participatcwith an equal voice in its affairs dedicated 10 belleradmjnistration of justice for the benefit of the public and thewell being of lawyers. To accomplish this result the detailedplan of organization and the rules to be adopted to accomplishits purposes must be formulated and presented 10 the SupremeCourt. It is not fair to ask the Court, burdened as it is, tocngage in this undertaking. Furthcrmore, the plan as soformulated should be the result of the views of most of thelawyers.

TIle benefits of a Unificd Bar arc enjoyed by 1110st statesand the trend is clearly in thai direction. We should adopt thisprogressive movement utilizing the wealth of experience(Ivailable. It should be done as soon as possible. •

Helping to develop, , .

the agriculture, industry, and

transportation of theHelena trade territory,

OfferingFull Bonk Service Including

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7telenlJ@/Vutionol!Jonk M'm.'''DLC

VII. THE UNIFIED BAR SHALL PROMOTE THESURVIVAL OF THE PROFESSION AND THEECONOMIC WELFARE OF ITS MEMBERSCONSONANT WITH THE VALUE OF ITSSERVICES.

All of the great freedoms and most of the great advances ingovernment have been the result of lawyers services andactivities. This can only continue so long as the rewards of theprofession are sufficient to provide a reasonable livelihood forthe practitioner. Otherwisc, he is subverted by economicpressures and loses his independence.

It follows tha t the organized Bar should study ways andmeans of preserving the profession and its members byfurnishing information on reduction of expense, establishmentof reasonable fee schedules, and the means of economicindependence without impinging on the rights of clients toobtain value fOf the services.

7

302 Cherry Helena, Arkansas

"Genrlemen, you have heard what has been said

in this case by the lawyers, the rascals!

TIlUS a non-lawyer judge of the criminal jury inColonial New Hampshire began his charge to the jury.He was not making jokes but was rcnccting thegeneral opinion held by laymen in that day of thelegal profession. Any history of the profession ismarked by periods of low public esteem, as suggestedin early colonial times, and other periods of thehighest public regard, as in the commentary onAmcric<l1l life by that famous tourist, de Toqucville,who said: "in America there are no nobles or literary

men, and the people are apt to mistrust thewealthy; lawyers consequently form thehighest political class and the most cultivatedcircle of society . .. If 1 were asked where 1place the American Aristocracy, 1 shouldreply withoUl hesitation, that it is notcomposed of the rich, who are united by nocommon lie, but that it occupie~' the judicialbellch alld the bar. "

While we arc not engaged in a popularity contest,still the barometer of public esteem is one of thefactors which must be considered in evaluating theeffectiveness and quality of the profession. In thisbrief paper we will examine some of the guides toprofessional conduct, divided into three groups"Ethics I, II and Ill" and will brieny describe theenforcement procedures established in this State.

by Frank Warden Jr.Chairman, Etltics and Grievances Committee

Ethics And The Ethical Profession

1. The pructit.:e of law is frcqucntly rcferred to as an ethicalprofl.:ssion. This meallS Illorc tiwil a consideration orethies orlllor.i1S as a guide to action: rather it refers. i.lccording to olledefillitioll, to tile development :.IIld acceptance of profcssionalst~ll1(hlrds of conduct whidl are mainly self imposed.

L.lwyers Imve develolX':d :Jlld hi.lve imposed upon themsclvesin this sttJte the Clnons of Ethics of the American BarAssoci:Jtioll. and other professional guidelines, and these arcthc principal source for any consideration or professionalethics. Iluwever, we frequently overlook, and are sometimcssurprised hy the constitutional ulld statutory regulations of theprofessi\lll.

ETHICS IAll of us have hud the course. which I will call Ethics I,

dc,ding with thc laws regulating the practice. We know lhatclllbcalclllcnt of the funds of c1icnts, all of which arc held intrust. is a crime. We know ubout solicitation, stirring uplitigJtion, champerry. bJrrJtry and maintcllilncc (don't we'?).Some of Ihese ilrc indictable Jnd all :Ire clear examples uf alawyer's own special opporlunities 10 t(jke a course of actionwhich is wrong in any context. Some of these lllay becom1l1ilted by non-lawyers, but seldom without the advice orconsent of a lawyer. There is an entirc chapter in the StatutcsdCillillg with the practice of bw, and a procedure is thereestablished by which lawyers n1i.lY be disbarred lhrough Circuitor Ch:.IIlccry Court action. Bilsic(jlly the proscribed offensesconsist of '"'any felony or infamous crime, or improperlyretaining a client's money, or any malpractice, deceit or

8

mi sde meanor in a professional capacity, ungent lcmanlyconduct in the practice of the profession, and habitualdrunkenness." Ark. Stats 25-401

While the legislature undoubtedly has the puwer to passthese laws regulating the prilctice, Amendment 28 to theArkansas Conslitution provides that the Supreme Court shallhave the power to make rules in this area, and consideration ofthese rules leads us to Ihe next Icvel of regulation of theprofession.

ETHICS IIOn April 24, 1939, the Arkansas Supreme Court adopted

rules regulating lhe professional conduct of attorneys. TIlcserules, with all revisions through 1963, arc contained in apamphlet, "Miscellaneous Rules of the Supreme Court of theState of Arkansas," aV<Jilable to all members of the bar fromthe clerk. The Canons of Ethics or the American BarAssociation are adopted "as the standard of professionalconduct of attorneys at law, and an attorney who violates anyof such canons shall be dealt with as provided herein." Thecanons, then, are more than merely advisory, and deserve ourattentioll. They are the rules of conduct which are designed toelevate the practice to that of an ethical profession, and will becalled "Ethics II." Every lawyer should have had this course,but a refresher seems to be in order, and should be helpful to

I Jury charge, Colonial New Hampshire, 2 Green 469.2 de Toqueville, DEMOCRACY IN AMERlCA, vol. 2, 184(2d cd. 1836).

all of us. We will, therefore.brieny review some of the canonsand then discuss the enforcement and disbarment proceduresestablished in Arkansas.

The Canons of Ethics are not designed as an exclusive set ofrules for the regulations of the profession, but, according tothe preamble, they serve as a general guide and "should not beconstrued as a denial of the existence of others equallyimperative," For that reaSOIl, the canons are not drafted inlegislative form, and would not lend themselves to statutoryinterpretation. However their intent and meaning is usuallyclear.

Canon 3 concerning relations between attorneys and judgesstates: "A lawyer should not communicate or argue privatelywith the Judge as to the merits of a pending cause ..." ACommunication may consist of a letter which is not furnishedto opposing counsel, a conversation in the hall or any otherexpression. TIus is a rule which is frequently overlooked byotherwise ethical lawyers who would not knowingly attemptto gain any special favors or considerations, but who forgetthat all advocacy must be done within the framework of theadversary system.

Canon 6 deals with adverse influences and confljctinginterests. We are aU aware that conflicting interests cannot berepresented by the same attorney or firm, but it is interestingthat this canon clearly states: "It is the duty of a lawyer at thetime of retention to disclose to the client all the circumstancesof his relations to the parties, and any interest in orconnection with the controversy, which might influence theclient in the selection of counsel." (emphasis added) Thismeans we cannot wait to see if a conflict develops in theprogress of the case, but must make fuJI disclosure at theoutset of any possible conflicting interest.

Canons 12, 13 and 14 deal with rees and contain a set ofguidelines to be used by the ethical lawyer in establishing fees.It is noteworthy that it is proper for a lawyer to consider aschedule of minimum fees adopted by a Bar Association, butthat "no lawyer should permit himself to be controJledthereby or to follow it as his sole guide in determining theamount of the fee." TillS canon concludes that Hin fixing feesit should never be forgotten that the profession is a branch ofthe administration of justice and not a mere money-gettingtrade." Perhaps the shortest of the canons is number 21which provides that "it is the duty of the lawyer not only tohis client, but also to the Courts and to the public to bepunctual in attendance, and to be concise and direct in thetrial and disposition of causes." It may come as a surprise tosome of us, who have had files open for many months oryears, that delay in the disposition of cases is in violation ofthe Canons of Ethics. The less attractive or profitable case isprone to be pushed aside for the more urgent business or themost demanding client. TItis is an entire subject within itself,and relates not only to ethics, but to law office managementand efficiency. The emphasis here, however, is thatunnecessary delay is in many instances a denial of justice tothe client, and amounts to unethical conduct.

Canon 22 covers a multitude of professional sins in theconduct of a trial. It is unethical to misquote the contents of apaper, the testimony of a witness, the language or argument ofcounselor to even cite a decision which has been overruled!Ukewise in argument it is unethical to assert as a fact thatwhich has not been proved or to conceal in opening argumenta position which counsel intends toreply."A lawyer should notoffer evidence which he knows the Court should reject, inorder to get the same before the jury by argument for itsadmissibiLity ...neither should he introduce into an argument,addressed to the Court, remarks or statements intended toinfluence the jury."

We are all aware th.a t we may not advertise, and Canon 27also provides that the solicitation of employment throughtouters or personal communications is unethical. Likewise,indirect advertisements "such as furnishing or inspiringnewspaper comrnents...offend the traditions and lower thetone of the profession and are reprehensible."

9

It is clearly unethical for a lawyer to stir up litigation, toseek out those with claims for personal injury or those havingany other grounds of action, or to employ agents or runners,or to payor reward, directly or indirectly, those who bring orinfluence the bringing of such cases to the office. The draftersof the Canons of Ethics, apparently recognizing the dirncultyof policing tillS area of the profession, included the followingstatement: "A duty to the public and to the professiondevolves upon every member of the Bar having knowledge ofsuch practices upon thepart of any practitioner immediately toinform thereof, to the end that the offender may bedisbarred." Likewise Canon 29 requires that lawyers expose"without fear or favor" corrupt or dishonest conduct in theprofession. He should strive at all times to uphold the honorand to maintain the dignity of the profession and to improvenot only the law but the administration of justice." Here weare all at fault, since it is unworkable to wait for grievances orcomplajnts from the public as to general unethical practicespeculiarly lVitllln the knowledge of attorneys. Canon 29requires that we come forward and expose the unethicalpractitioner. It is recognized that this is a difficult position formost lawyers to adopt, but it must be done if we <.Ire topreserve any semblance of that self regulation and controlwhich is the essence of the ethical professions.

Canon 39 deals with witnesses. There is apparently somcmisunderstanding as to thc propriety of contacting witncssesfor the opposing side, but this canon makes it c1car lhill alawyer may properly interview any witness or prospcctivc'witness for the opposing side without the consent of opposingcounsel.

There are now 47 canons, all designcd to maintain thcdignity of the profession and to improve not only the law butthe administration of justice. As stated earlier, these canonsare not drafted in legislative terms, and their violation is notalways easy to ascertain. To make this determination in thefirst instance,the Supreme Court has established the Bar RulesCommittee, consisting of seven lawyers, one from eachCongressional District and the others from thc State at largc,to serve at the pleasure of the Court. The Committee elects itschairman and secretary, and has the power to make furtherrules regarding its procedure. It has power "to issuesummonses for any person or subpoenas for any witness,directed to any sheriff or state police officer within the State,"disobedience of which is contempt of professional misconduct,or on its own information, alld affords the attorney involvedan opportunity to explain or refute the charge.

If found guilty of professionaJ misconduct the Committeemay, "without any publicity," caution, reprove or reprimandthe atturney, or it may file a complaint with the Circuit orChancery Coun, with trial to be to the Court after 20 days'notice to the respondent. The Judge or Chancellor may"reprove, reprimand, suspend or disbar such attorney" or maydismiss (he casco Upon appeal by either party the SupremeCourt hears the matter de novo upon the record.

Space does not permit an analysis of the role of (he Ethicsand Grievance Committee of the State Bar Association, ur ofthe local bar association having such committees. It issufficient to say that none of these has thc direct power todiscipline or disbar any attorney, although mcmbership in therespective Associations could be terminated upon a propershowing. This points up the chief distinction between anintegrated, or unified bar, as it is now called, and a non-unifiedbar such as the Arkansas system. The Bar Association is avoluntary group with no disciplinary authority outside itsmembership, and with doubtful disciplinary powers within itsown ranks. Complaints which appear to be valid arc usuallyreferred to the Bar Rules Committee.

However, the Ethics and Grievance Committee of theAssociation is active, and handles a surprising, or perhapsalarming, number of complaints. After investigation andcontact with the attorney, most, but not all, grievances areresolved. Most complaints by dissatisfied clients deal with

Continued on page 18

Seven Top Speakers Scheduled

For Annual Mineral Law Program

James C. Hale, West Memphis, JayW. Dickey, Pine Bluff, Edward L.Wright, Little Rock and Earl F.Morris, Columbus, Ohio, presidentof the American Ban Associationmeet in the lobby of the MarionHotel during the January Mid-YearMeeting of the Arkansas Bar As­sociation. Mr. Morris was the fea­tured luncheon speaker during thetwo-day meeting. He and Mrs. Mor­ris were the guests of Mr. and Mrs.Wright.

James E. West, center, chairman ofthe Mid·Year Meeting committeeprepares to introduce two of theimpressive array of guest speakerswho took part in the two-day pro­gram. On the left is Kline D.strong, Salt Lake City, Utah, whoaddressed the 226 registrants on"Management of Time andMoney." Dale Bumpers, Charleston,Ark., was a panel participant.

Shreveport; and a luncheon talk byDorsey M. Ryan of Fort Smith on "AGeologist's Opinion of Lawyers andLandmen."

Co-chairmen for the Institute areRobert W. Vater of Fort Smith andEdwin B. Keitll of Magnolia. Alsoparticipating in the program will beWinslow Drummond, Chairman of theExecutive Committee of the ArkansasBar Association.

In addition to the two luncheonsmentioned, a hospitality hoor is plannedon the evening of Thursday, April 18for registrants. A style show with doorprizes is planned for the ladies.

The Arkansas Oil and Gas Institute isrecognized as one of the betterprograms of this type, and has attraetedincreasing attention from lawyers andothers interested in the mineral law fieldfrom outside of the state. It isanticipated that a substantial number oftl,ese individuals will be in attendance atthe program this year. •

The Seventh Annual Oil and GasInstitute will take place in Hot Springsat the Majestic Hotel and Lanai Towerson lllUrsday and Friday, April 18-19.

Speakers and topics for this year'sprogram include Spence A. Lemons ofFort Smith, who will discuss, "EffectiveOil and Gas Commiss,ion Orders onLease Obligations;" Edward P. Jones ofEldorado, whose topic will be, "RecentDevelopments in Oil and Gas Law;"Edward A. A1barez of Washington, D.C, who will address a loncheon on April18; the subject of "Gas Royalty .:- AtWhat Price," whjch will be discussed byLouis A. Fischel of Ardmore,Oklahoma, and Lewis G. Mosburg, Jr.,of Oklahoma City; "Measure ofDa III a ges from Drill and ProducingOperations," which will be discussed byPaul M. Shaver of Fort Smith; "OurImproving Technology for the Recoveryof Oil and Gas," whjch will be thesubject of Wyatt H. Thomas,Vice-President of theArkansas-Louisiana Gas Company. from

10

Mrs. Dorothy Jones, formerexecutive director of the ArkansasBar Association, and her husbandenjoy visiting with old friends at abreakfast given in Mrs. Jones' honorduring the Mid- Year Meeting inJanuary. Little Rock members ofthe Arkansas Women Lawyers'Association hosted the couple.

For Salc ...Corpus Juris SecundumVolumes 1-101, including extravolumes, 119 in all; five volume C' l' S'Index; seven volumes Corpus JurisAn nolations. If interested contactSuzanne C. Ughton, 424 orlh WillowRoad, Fayetteville, phone HI 2-6174.

E. W. Brockman, Jr., Pine Bluff, isinterested in finding a young attorneywith some experience who would beintcrestcd in being associated with himin the practice of law at Pine Bluff. Ifintcrested contact Mr. Brockman at theSimmons National Building, Pine Bluff,phone J E 4-255 I.

S. W. Knauts, Trantham & Knauts, P.O. I30x 384, Piggott, advises that theiroffice has for sale a sci of Corpus JurisSecundum, complete with all pocketparts for 1968 and all indices.

/\. M. Coates, Helena National BankBuilding, Helena, Ark., has thefollowing law books for sale. ALR firstseries, Volume I through 175 withDigest. ALR Volume I through 92 withDigest. Mr. Coates is willing to sell thebooks at a very reduced price.

AboutLawyers

Mrs. Ruch Trice, Lake Village has thefollowing law books for saJe. Ark.Slatutes (1947) 1,2,2/\, 2B, 3, 4,5,and 8. Southwestern Reporter 1-10 and20-300. Southwestern Reporter (2d) Ito 294. Acts of Arkansas 1913, 1919,1920. 1923, 1925, 1927, 1931, 1941,1945,1951,1955,1957,1959 (Vol. Iand 2), 1961 (Vol. I and 2). Shepards'Arkansas Citations, Arkansas LegalForms, Instructions to Juries.

Library for sale by the Estate of thelaiC Max M. Smith, Rison, Ark. CorpusJuris Secundum, ALR, ALR 2d 56volumes, Southwestern ReporterArkansas cases only (Vol. I to date),Arkansas Digest, American JurisPrudence, and Arkansas StatutesAnnotated. If interested contact JohnW. Elrod. P. O. I30x 346, Rison, Ark.

by William F. ShermanAss!. U.S.Attorney

Eastern District of Arkansas

Selective Service or the nationaJdirector.

Besides the large corps of civilianappointees, who have ultimate authorityin the classification of all registrants,there are fuU-time professionals servingas clerks and secretaries for the boardsand the state offices. TIlere is also arelatively small group or mHitarypersons who administer the system. Stillanother group of civilians, such aslawyers, doctors, and manpowerspecialists, serve the boards as technicaladvisors.

Prosecution of SelectiveService Violators

Under the present law, the ArmedForces, and not the Selective ServiceSystem, are responsible for acceptanceand induction of registrants. Until theyare inducted, registrants remain underthe jurisdiction of local boards andviolators arc prosccu ted in the' civilcourts. After induction, they aresubject to Court-martial and othermilitary disciplinary procedures.

In most cases, registrants are notprosecuted until after they have refusedinduction. If a registrant rails to reportfor induction, or if he reports butrefuses to take the oath, he is subject toprosecution under 50 App. U.S.c., 462for railure to perform duties required ofhim by the Selective Service Act. Aconvicted defendant may be punishedby "imprisonment for not more thanfive years or a fine of not more thanSIO,OOO," or both.

When a registrant "fails or neglects toperform any duty required of him underthe provisions of the Selective ServiceLaw," he may be declared a delinquent,be given a priority position on theinduction lists, and then be ordered toreport for induction. See 32C.F.R. 1602.4, 1631.7, and l642.4(Supp: 1967). The delinquencyreguJatIons, Cited here, concern dutiesaffecting the registrant's own st.atus. Asthe Director of Selective Service, Lt.Gen. Lewis B. Hershey, and AttorneyGeneral Ramsey Clark said in a jointstatement, dated December 9,1967,

Continued on page 12

structure. TI,e idea of giving ti,eultimate power of classification andselection to small bodies of citizensrepresenting their respectivecommunities is particularly attractive tous because it is democratic. To bestrong, any public institution needspublic confidence and support, and thepublic more readily lends its support todecisions affecting it when the decisionsare made by popular bodies. TI,epopular bodies in Selective Service arethe local boards and the appeal boards.

Local boards are popular, orrepresentative, only in the sense thatthey are filled by political appointmentand each member normally lives in thecounty where his board is located. Eachboard consists of three or 1110reuncompensated civilians appointed bythe President on recommendation of theGovernor. TIlis is distinguishable from asystem adrrtinistered by professionalgovernment employees.

Every county in the United States hasat least one local board. 4,088 innumber, they are the foundation of thesystem. TIle essential functions of thesystem, registration, classification, andselection, are performed at this basiclevel. TIle decisions made there are final,subject only to a registrant's right toappeal.

Appeals from local boards are takento appeal boards. TIlese boards normallyconsist of five or more uncompensatedcivilians appointed by the President onrecommendation of the Governor.111ere is one appeal board in eachFederal Judicial District. 111eir decisionsare also considered final, but in caseswhere one or more members dissent,registrants may appeal to the NationalSelective Service Appeal Board.

TI,e three members of the NationalSelective Service Appeal Board arecivilians, appointed by the President.TI,e National Board has authority,which is delegated from the PreSident,to hear appeals and render finaldecisions in Selective Service cases.'Nhether or not there are dissentingvotes in the appeal boards, appeals maybe taken from appeal board decisions bydirection of the state directors of

We read and hear much today aboutresistance to the draft. Many of ouryoung men oppose the war in Vietnamand refuse to be inducted into rrtilitaryservice. Others claim exemption frommilitary service as conscientiousobjectors. Apparently, there is indeedan active, serious movement in thiscountry against the draft. A discussionof draft law enforcement is now topical.

We read and hear much today aboutresistance to the draft. Many of ouryoung men oppose the war in Vietnamand refuse to be inducted into rrtilitaryservice. Some of them claim exemptionfrolll military servtce. as conscientiousobjectors. A discussion now of draft lawenforcement, in view of the current,active movement against the draft,would seem appropriate.

Open and organized violation 0-[ lawis a grave concern for this country) butthe problem should not beoverestimated. Today's movementagainst the draft is no more serious bycomparison than the one which existedduring the Korean War. A recent reportby Attorney General Ramsey Clark gavesome interesting statistics. There were642 prosecutive actions filed againstviolators in 1966 and 1,306 in 1967;and in the year 1954, there were 1,022prosecutions. Without disclosing theexact figures. he reported that thenumber and percentage of men whofaiJed to report for induction was lowernow than in the Korean War.

Nevertheless, there has been asignificant increase in Selective Serviceviolations in the last year. The numberof prosecutions in Arkansas, as in otherstates, has greatly increased. Mostpractitioners never have occasions torepresent defendants in Selective Servicecases, but if the number of violationscontinues to rise, necessariJy moreattorneys wiU be retained or appointedto represent violators. Thus, a study ofenforcement policy and problems rrtightbe valuable as a practical matter.

Organization of theSelective Service System

The strength of the Selective ServiceSystem lies in its decentralized

'1

l-under or interfere or attempt to do soin any way, by force or violence orotherwise, with the administration ofthis title." The court held in part thatno regulation authorized" local boardto declare a registrant delinquent orreclassify him for violating thisprovision.

As a general rule, the legality ofactivity directed against the SelectiveService System is determined by thecourts, and not by local boards. Personswho counsel, aid, and abet others toviolate the Selective Service laws orengage in conspiracies to violate theselaws are prosecuted in the courts. TIlemuch publicized case against WilliamSloan Corrin, Jr., Benjamin Spack, andothers in the District Court ofMassachusetts is such a case. Destroying,mutilating, or surrendering draft cardsarc violations, and if the violators arc 35years old or under, action can be takenby the local boards under thedelinquency regolations. If they arc notsubject to induction, because of age,physical condition, or other reasons,prosecutive actions may be takenagainst them in the courts.

As the purpose of the SelectiveService Act is to induct men required bythe Armed Forces and not to put peoplein jail. violators arc given everyopportunity to consent to inductionbefore they are prosecoted. Thos, theywill not be prosecuted if they latercomply with the board orders, whetheror not prosecutive actions have beenfj led. G"nd jury indictments filedbe fa re violators have complied aredismissed. And Selective Serviceregulations allow convicted violatorsserving prison terms to be paroled forinduction and military service. TIlis is atole"nt policy. Some people mayrenecl on the wisdom of allowing youngmen to decide when they will obey thelaw and removing their punishmentswhen they do. From the opposite pointof view, the basic object of securingmen for the Armed Forces is accom­plished, and the tole,",l1 policy makesappropriate allowances for the incon­stancies of youth.

Classification ofConscientious Objectors

In the classification of regjstrantswitJlin their jurisdictions, local draftboards have comprehensive rights. Noonc can control their decisions so longas their decisions comply with existinglaw. For instance, the boards wereunder no requirement to obey thenational director's instructions toaccelerate for induction young men whoviolate the law in their anti-war protestactivities. Instructions and opinionsfrom the national director to localboards are directory and notmandatory.

Another example of their wideauthority, local boards determine

Continued on page 13

BOOK COMPANY

whether directed to thedraft or other nationalissues, do not subjectregistrants to acceleration orany other specialadministrative action by theSelective Service System ...

The lawful exercise ofrights of free expression andpeaceful assembly haveincurred and will incur nopenalty or other adverseaction. These rights arcgu,,,ntecd by theConstitution. They arc vilalto the preservation of freeinstitutions, which our menin Vietn<llll arc fighting toprotect."

The public debate cOlltinued. GeneralHershey, <Jccording to newspaper"ccounts, insisted that draft boardsshould reclassify those who commjt"illegal" acts while carrying on theirprotests. The White House issued astatement clarifying government policy,reported in the Arkansas Gazette onDec. 31, 1967, which read in part:

"The Selective ServiceSystem is not an instrumentto repress and punishunpopular views. Nor does itvest in draft boards thejudicial role of determiningt he legality of individualconduct."

The question is whether a givenactivity is "legal" or "illegal." If it is"legal", certainly draft boards cannotpunish those engaged in it byreclassifying thelll and accelerating themfor induction. If the conduct inquestion is "illegal" and it relates to aregistrant's own status (the situationdiscussed above), his drart board canreclassify him and place his name at thetop of the inductioll lists. Otherwise, ifa regist r:Jnt commits acts which a localbo"d reg,rds as "illegal", but he hasperformed all duties required of himunder Ihe law, it is doubtful that thelocal board can accelerate him forinduction.

In Wolff v. Selective Service Locall3<",d No. 16, 372 2d 817 (2nd Cir.1967), Iwo slUdents were declareddelinquent and were reclassified furdemonstrating against the war inVietnam. It was charged that thestudents failed to perform a dutyrequired of them for violating Section12-A of the Universal Military andTraining Service Act as amendcd, whichInakes it an offense to "knowingly

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"It has lung been the lawthat a registrant whu violatesany duty affecting his ownstatus (for example, givingfalse information, failing tuappear for examination, orfailing to l1;Jve a draft card)m;Jy be declared a'delinquent' registrant by hisluc,l d"ft bo"d. Underconsistent pr'lclicc,infurmatiun received byfederal law enforcementofficials regarding aregistrant's uwn status isturned over to his loc.t! draftboard for appropriateaction. Whcn a person isdeclared to be a delinquentregistrant by his lueill board,he mLlY be recl<lssificd andbecomes subject to theIlighest priority forinduction if otherwisequalifted. If he f,ils to stepforward for inductioll, he issubject to prusecution bythe Department uf Justice.This procedure is firmlyestablished, approved by thecourts, ill1d hLlS beellfullowed since theenactment of the 1948Select ive Service Act, as wellas under earlier SelectiveService I\cts."

Whcre a registrilnt fails toperform ;J required duty LlITecting!lis own status, hc may, therefore,be reclassified by his draft buard:llld inducted.

The quest ion whether dmfthoards Jllay "punish" registrLlntswhu cUllllllit "illegal" acts whileengaging ill anti-war protestactivities was raised on October 26,1967 when Ihe Director of SelectiveService wrote a leller to the natiun'sdraft bUiJrds. I-Ie iJsked that personswho "illegally" interfere withoperatiuns uf the Selective ServiceSystem be reclassified andacceler:lted ror inductioll. If theboards had carried Ollt this request,it could have llle;Jnt immediateinduction for violators 35 ycars oldand under who wcre classified I-A.Responding 10 the strong protestswhich followed, Gcneral Hersheyand Allorney General Clark issuedthe joint statemcnt of December 9,1967, referred to "bove, which readin part as follows:

"Lawful protest activities,

12

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whether to allow conscientious objectorclaims. Their wide authority inclassifying registrants results from thelimited review of local board decisions./I fcdcral court will not consider thecorrectness of a local board classific­ation if there is any "basis in fact" tosupport it. Witner v. Unitcd States, 348U.S. 375 (1955). Whcn a man is underindictment for refusing induction, thereare only two questions before the court:Was there a "basis in fact" for the clas~

sification? Was there procedural dueprocess?

TIlC section of the Selective ServiceAct exempting conscientious objectorsfrom military service has been verycontroversial. Individuals opposing thewar in Vietnam frequently claim to beconscientious objectors. The majority ofselective service prosecutions involvemen whose claims for exemption asconscientious objectors or as ministershave bcen dcnied by local boards.

There are no legal grounds fordefying the draft laws. For that reasonIhe American Civil Uberties Union onFebruary 2, 1967, announced that itwould not represcnt those who opposethe dral't. It is well scttled thatconscription in wartimc or in peacetimeis constitutional. Sec Selective DraftlAw Cascs, 245 U.S. 366 (1918). It hasbeen stated that "there is noconstitutional right of exemption fromservice in our Armed Forces all account01" religious training or conscientiousscruples against participation in war, orfor any other rcason," Roodcnko v.Unitcd States, t 47 F.2d 752 (10th Cir.1945). It is imporl;.lllt to rcmember thatthe exemption for conscientiousobjectofs is in the law by exercise oflegislative grace. Sec United States vPOlllorski, 125 F. Supp 68 (W.D. Mich1954), afrd., 222 F.2d 106 (6th Cir.t955) ccrt. den., 350 U.S. 841 (t955).

To be qualified for the cxemption, aclaimant must be "by reason of religioust ra ining and belief,""conscientiously opposed toparticipation in war in :.Il1y form."TheSclectivc Service /lct of t967,Section 60), 62 Stal. 612, 50 App.U.S.C.. 456 0). The objection IllUSt beto warfarc in general and not to any

particular war. Therefore, a man whoseobjection to mill tary service is based onan opposition to the war in Vietnam hasno right to exemption under thissection.

In the Military Selective Service Actof 1967, Congress modified the sectionexempting conscientious objectors frommilitary service in two significantrespects. That section provides that "theterm 'religious training and belief doesnot include essentially political,sociological, or philosophical views or amerely personal moral code." Prior tothc 1967 /lct, that section also providedthat "religious training and belief in thisconnection means an individual's beliefi II a relation to a Supreme Beinginvolving duties superior to those arisingfrom any human relation,. ." Theelimination of this provision renects areaction by Congress against a recentSupreme Court decision, United Statesv. Seegcr, 380 U.S. t63 (1965). TheSeeger case involved three defendantswho belonged to unorthodox religioussects. TI,e Supreme Court, in holdingthem qualified for the exemption,stated that the exemption was meant toinclude members of all religious faithsand that "the test of belief 'in relationto a Suprcme Being', is whether a givenbelief that is sincere and meaningfuloccupies a place in the light of itsposscssor parallcl to that filled by theorthodox belief in God of one whoclearly qualified for the exemption."l1le Act also eliminated the provisionwhich gavc rcgistrants appealing localboard dccisions denying their claims ofconscientious objection the right tohave t heir cases referred to theDepartment of Justice for inquiry andhearing.

/lppeal boards were required by lawprior to thc 1967 Act to rel'erconscientious objector cases to theDepartment of Justice. Special hearingofficers were appointed to hold hearingsand recommend acceptance or rejectionof the claims. The hearings wereinformal, and claimants could testify,present affidavits, or have others lestifyin their behalf. On the basis of hearingofficer reports, the Department ofJustice advised the appeal boards of its

WILL PAY reasonable price for acopy or any of the I'ollowing: (I) Actspassed at 13th session or thc ArkansasGeneral Assembly begun November 5,1860 and ended January 21, 1861,uttle Rock, 186 I; (2) Acts for 13thor special session begun November 4,1861 and ended November 18, 1861,Little Rock, t861; (3) Acts I'or 13thor special session, begun March 17,1862 and ended March 22, 1862,Utile Rock, 1862.

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recommendations. Appeal boards werenot required to accept therecommendations, but probably theydid in most cases. The ultimate questionin each case was the claimant's sincerityand good raith, that is, ifhe objected towar in any form and if his objection wasbased on religious training and bclief'. Aclaimant's sincerity is also the mainquestion I'or the local board when itconsiders his claim,

Determining whether an individual issincere in his religious beliefs is no cadycharge. Board members must resist thetendency to judge the reasonableness ora claimant's beliefs rather than thesincerity with which he holds them. Allthe facts reflected in his selective serviceftJe arc relevant in determining thegenuineness of his professed beliefs, Asthe claimant's demeanor is perhapsmore important than objective facts indeterming his state of mind, he shouldmake a personal appearance before hisboard to present his claim. Theregistrant must request this hearing,however, since it is not mandatory thaIhe have one. As a conscientious objectorclaimant no longer has a right to ahearing by the Department of Justice,the local board should encourage him totake advantage of his right to appcar. Itshould be imperative that he be granteda personal interview by someone.

It is now the exclusive responsibilityof the Selective Service System to insurethat registrants are correcntly classified.Concern must be shown for the verysmall minority who for reasons ofconscience and religious training areunable to participate in the ArmedForces and who honestly qualil'y forexemption.

II is a fault or the Selective ServiceSystem if young men are incorrectlyclassified. Concern must be shown forthe very small minority who for reasonsof conscience and religious training areunable to participate in the ArmedForces.

Young men who violate our SelectiveService laws are hardly ever commoncriminals. They are often deeplycommitted to their particular beliefsand ideals. II is depressing seeing themgo to prison. But no one has suggested aworkable allernative .•

13

Some Unusual Problems Arise

TESTIFIES FOR HIS CLIENT

WHEN ATRAIL LAWYER

A strange and anomalous doctrine hasgrown up in American case law relatingto the effect of a trial lawyer essayingthe role of witness in behalf of his ownclient,

When a professional baseball playerviolates a rule of the game, his conductnormally has a direct impact on thegame itself. For example. if abase runner were held by an infielderwhile an outfielder threw in the ball, theresulting penally would immediatelyadvance the runner 011 t:1C bases.

If one accused of crime is convictedupon evidence which was illegallyobtained by the police. the convictionwill ordinarily be set aside and theaccused uften released.

But when a lawyer leaves the arena ofcombat and ascends the witness st,lIld 10

give evidence for his client, there resuhssome of the most oblique judicialreasoning that the case books contain.

Most states, including Arkans<Js. haveadopted the Canons of ProfessionalEthks first proposed by Thc AmcricanBar Association. Canon No. 19 rcads asfollows:

'When a lawyer is a willlessfor his client. except as tomerely formal miltters, such asthe attestation or cllstody of aninstnonew and the like, heshould leave the trial of the caseto other counsel. Except whenesse/lfial to the ends of justice. alawyer should avoid testifyillg illcourt ill behalfofhis client. ..

Although the wording of this Canonis in some respects indefinite, the intentis to prevent a lawyer from testifyingfor his client unless there is no othermeans available to protect the client.Wording of the Canon itself could betightened up to say precisely what itmeans and delete the wide areas left forhonest disagreement or intentionalviolation of the spirit of the rule.

In Strickland v. Qoality Bldg. & Sec.

Co., 220 Ark. 708, 713; 249 S.W.2d557. the Arkansas Supreme Court,commenting upon the propriety of anattorney withdrawing from a trial whenit became important for him to be awitness, said:

;'The actions ofMr. Cooley inwithdrawing from the trial ofthe case as counsel for appelleewhen it became necessary thathe appear as 0 will1ess is highlycommendable. The actioll is inaccnrd with the Cauons ofFlhies of the American BarAssocation which this court ha,'iadopled as Ihe stalldard oj'professio/lal COllduct ofallOrlleys. ,.

Again in Norton v. Norton, 2'27 Ark.799,800; 302 S.W.2d 78, the Arkansascourt had occasion to make as a passing

'· ... Richard's atlOme)' askedpermissioll to withdraw jrom thecase. since he felt he should becomea witness, This permissiun wasgrawed. "

From these two citations one mighleasily and rationally conclude Ihat triallawyers musl, as a matter of establishedpolicy. withdraw frolll a case any timethey decide to testify for their clients.BUI any such clear-cut reasoning canlead counsel far astray.

Arkansas joins a host of olher statesin lending dignity to this bon mot oflegal gymnastics:

"The overwhelming weight ofauthority !mppvrts the viewthat, although it is a gravebreach of professiollal elhies foran attorney of a party 10 testlj.yas to anything other thanmailers of a formal naturewithout withdrawing from thelitigation, he is not incompetentto testify, and his testimony isclearly admissible... ". . 118A'L'R'954.

The most tortuous and agonizingapplication of this self-contradicting

14

By Lee J. Ward

rule of lrial practice has been given usby the highest court of appeal illConnecticut in Miller v. Urban, 195 A193. I 18 A'L'R' 95 I. ill these words:

. 'On occasions, happilyinfrequent, when tlte mailer ofacting in the dual capacity ofcounsel and witness has beenbefore us, we have emphatica/~ydiscountenanced the practice.When counsel becomes a witnessill behalf of tilis c1iellt ill tilesame cause on a material matter.not a mere formal mailer stichas the allestatinn or custody ofan instrument and the like. and110t in on emergency to olloiddej'eat of the ellds of justice buthaIling knowledge thaI he wouldbe required to be a witness intime to relinquish the case tn() t her counsel. he violates ahighly important rule ufprofessional conduct nowformalZl' expressed in the CodeofPrufessiollal Etilics. "

"/Iowever, the great weight ofauthority ;n this country holdsthat the impropriety vj' anattorney so lesllfying is a maltervf professional etiqueue and notolle of strict law, and that theadmission of testimony undersuch circumstances is notreversible error. Reliance hasbeen placed, instead, upon therestraining influence of aprofessiollal educatioll alld theupinion of the bar and bench.and the liahility 10 discipline forpersistent misconduct, ascompetelll to suppress evils ofthis characler. "

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It is high time thar we disavow anyidea a trial lawyer can in the same actand breath be both ethically wrong andlegally right. •

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and judges frequently wondering tothemselves what kind of ethical sensemo t ivates their legal brethren. TheCanon creates more problems than itsolves.

The real meaning and sense of CanonNo. 19 dictates that when a trial lawyerdecides to testify in his own trial he, bythat act, forfeits all right tocompensation for work done on thecase and withdraws from furtherparticipation. This straight-forwardinterpretation and application ofunambiguous language would instantlyfree both lalVyers and judges from the

.. We have held... that IVhere allattorney has testified in a case illIVhich he also appears ascounsel, the admission of Ihaltestimony does not constilutereversible error... and thal anallorney participating in thetrial of a case is nol therebyrendered legally illcompetem totestify, alld if he offers IU do so,the courl could nol {reot him asdisqualified, bUI fhe most itcould do would be to remindhim of ~~le impropriely of hisconducl.

One other example of this mostillugic...tl method of rC<lsoning comes 10us frum the Supreme Court of Illinois inMurgan V. Ruberts, 38 II!. 65:

"lIowever indecent it may bein practice for an attorneyretained ill a case and managingit to be a witness also, wecamwl say he is incompetent,and must leave him 10 his ownconvictions of what is ,ight andproper under suchcircumstances. "

Si milar cxamples from otherjurisdictions could go on almost withoutlimit. but this study is not meant toexhaust citations. The purpose here is tofocus attention of the bench and barupon what this writer sincerely believesto be a clear abdication of our duty togive meaning and substancc to CmlOnNo. 19 of our Codc of ProfessionalEthics.

Lawyers and judges undcr theimmcdiate <lnd unrclcnting pressure of atrial cannot be expected always to riseabove human frailties. The mostconscicntious and cthical lawycr hascmerscd himself dccp in thc bowels ofhis casc. If he's wOrlhy of his hirc, he isbent on winning his clicnt's cause by anhonorablc mcans; but. in the heat ofbattle, his sense of honor might wellbecome t<lrnished. He should not becallcd upon to decide whether he willgrossly violate and tr<llllpic uponprofessional ethics or, as <In alternative,either step aside and lose his fcc orpossibly suffer his client to lose forW;Jllt of the only available witness.

TI1C trial judge, under current rulings,is in no position at all to declare apuliey. If he allows the trialatlorney totestify and continue in the case, thejudge himself is helping to rape ethics.On the other hand, if the judge decidesto give substance to Ci..lnon O. 19 andcompel the attorney-turned-witness towithdraw from the case, then he standsto get reversed. How can the trial judgewin?

It is respectfully urged that CanonNo. 19 ought to be enforced or it oughtto be entirely abandoned. All itaccomplishes now is to leave lawyers

15

by Dr. Rober! R. Wright

Five UCC Seminars Set For Spring

"The Uniform Commercial CodeRevisited" will be the subject for aseries of regional spring seminars to bepresented at various locations aroundthe state as a part of the ContinuingLegal Education Program.

These seminars arc intended to dealwith specific problems of particularinterest to practit:ing allorncys withrespect to the Uniform CommercialCode. TIley arc not intended to provideeither an in-depth coverage of the Codeor to provide a survey of the Code in itsentirely. It is thought that byemphasizing problems of particularinterest to practicing iltlOrncys inconnection with the UCC, a greatercontribution l1l<Jy be made 10 the useiJl1d understanding of il.

111CSC programs will last fur olle dayonly and will t<lke plilec ill five Joc~lions

on v<.Irious Frid<.lys during March, ApriliJnd M<.IY. The first such progr"II11, forSouthwest Arbnsas lawyers, will beheld al Tex<.Irkana on March 22, in theTexarkana Room of the Tex<.Irkana

alional Bank. It will be followed onMiJrch 29 by iJ prugfiJl11 for SoutheastArkansas iJltorneys to be held in theTown Iiall of the N',1lional Bank ofCOl1llllerCe in Pine BlurI'. On April 5,this sallle progr;lI11 will be prescnted althe IloJiday Inn in West Memphis forNortheast Arkansas practitioners.Central Arkansas' presentation will takeplac~ on April 12 in the Conferencerool11 of the Worthen Bank in LittleRock. The Northwest Arkansaspresentation will be held at theUniversity of Arkansas l..<.lw School inF,yetteville on M,y 3.

The subjects to be covercd include"Sccurity Agrecments and W(.IrehouseReceipts." "Descriptions andCI<.Issifications of Collateral,""Warrcnties and Products LiiJbility,""The uee and Stat utory and C0l111110nI...:tw Liens,.. ,nd "Problellls of UCCCreditors in Bankruptcy.n The programwill begin <.It all !oc:Jliolls al 9:30 in themorning and will adjourn (.It 4: IS in lheafternoon.

Speakers for the progr'lll will includeProfessor T. J,mes McDonough of theUniversity of Arkansas Law School inFayetteville. Geroge E. Campbell of TheRosc Firm in Uttle Rock, ProfessorJeromc F. Leavell of lhe University ofArkansas I...:tw School"s Little RockDivision 0 I' the Law School, andClaibourne W. Patly, Jr. of Henslee ,ndPatly of Little Rock.

George Campbell will discuss thepreparation and filing of securityagreements, including various types ofsecurity financing, problems relating

thereto, and the alterations necessaryunder various circumstances. He willalso cover the establishment of thesecurity interest and riling problems, aswell as particular problems andpeculiaritics with relation to warehousereceipts under the UCC

Professor McDonough will follow Mr.Campbell's presentation with adiscussion of the classification ofeoll"ter,1 for purposes of appropriatedescription in the security agreements,the description uf general intangibles,interests in chatlcls connected to landsuch as fixturcs and growing crops, and

16

the necessity of precision in describingthe security intcrest.

Professor Leavell's discussion onwarranties and products liability willinclude a discussion of express andimplied warranties, breaches, defectiveproducts, and related problemsincludjng traditional concepts of tortliability as compared to liability underthe UCC;

Mr. Patty's subject will include adiscussion of secured transactions inbankruptcy matters, areas of conOictbetween the UCC and the FederalBankruptcy Act, the rights of securedcreditors in Chapter XIII wage-carnerproceedings with particular reference tothe right of the secured credhor todemand payment of contract rightsspecified by the security agreemenl and

Continued on page 18

Half your caseIS a

WELL PRINTEDand

. \PREPAHED~ BRIEF

fih('f.'ol/w N .jJ~/NI/}fff C{?o.

State & Federal briefs

rhllits I Rtli O...1ltl

THE lAWYERS MINTER.~tI('J,:'/4 . . ";~/a nJaJ

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Hints To The Wise

JURISDICTUM

be called to our attention in theargument section of the brief. Eventhere, it is unnecessary to U~ severalpages in copying this testimony.Portions of the abstract section shouldnever be italicized, or emphasized byheavy or dark print. Here again, waituntil your arguments are beingadvanced.

"Continuing, tine by line, the abstractshould consist of 'only such materialparts of the pleadings, proceedings, ... asare necessary to an understanding of allquestions presented to this court fordecision." WhiJe most of the casesaffirmed because of violation of Rule 9(d) (and there have been dozens) havebeen affirmed because of insufficiencyof the abstract, some have also beenaffirmed because of an excessiveness orsupernuity of the abstract; or perhaps, Ishould say, a lack of condensation. Irecall very vividly that we received oneabstract which was practically a copy ofthe transcript. If the members of thecourt had taken time to read it, wewould only have been able to handdown one opinion that week.

"May I also call your attention to thefact it is no longer possible to rectifythe error of an insufficient abstract, bysupplying the deficiency in a reply brief.The court in past years, reluctantly (Iam informed), permitted this to bedone. But the practice is no longeracceptable, as pointed out in the case ofReeves v. Miles. 236 Ark. 261, 365 S.W. 2d 460 (1963). Nor will a motion tosupplement the abstract be permittedafter the appellee has filed his brief.Tenbrook v. Daisy Mfg. Co., 238 Ark.532.383 S. W. 2d 101(1964).

'''Ihe next semences were adopted asa rule in July, 1961, and read asfollows: 'When testimony is abstracted,the first person, rather than the thirdperson, shall be used. The Clerk willrefuse to accept a brief that is notabstracted in the first person.' The ruleformerly prOVided that 'TIle first personshould be used.' Apparently, some ofour attorneys arc still reading from the

Continued on page 19

by C. R. HuieExecutive Secretary

State Judicial Council

under Rule 9 is (d), and infraction ofthis provision will result in the actionjust mentioned, viz .. an affirmance ofthe judgment of the trial court witho"tfurther ado, i.e., an affirmance withoutexamination of the merits of the case.Subsection (d), in its entirety, reads asfollows: The appellant's abstract or

abridgement of the record shouldconsist of an impartial condemnation,without comment or emphasis, ofonly such material parts of thepleadings, proceedings, facts,documents, and other matters in therecord as are necessary to anunderstanding of all questionspresented to this court for decision.The abstract shall contain fullreferences to pages of the record.When testimony is abstracted, the firstperson, rather than the third person,shall be uscd. The Clerk will refusc toaccept a brief that is not abstracted inthe first person. Whenever a map, plat,photograph, or other exhibit must beexamined for a clear understanding ofthe testimony, the appellant shallreproduce such exhibit byphotography or other process andattach such reproduction to the copiesof the abstract file in this court, andscrved upon the opposing counsel,unless this requirement is shown to beimpracticable and is waived by thecourt upon Illotion."Permit me to discuss some of these

provisions, line by line. The 'abstract ofthe record should consist of an impartialcondensation, without comment or em­phasis: We recognize that it is humanfor the attorney, representing his client,to view the matter with jaundiced eye,but, to me, one of the distinctivecharacteristics of a good attorney is theability to abstract impartially. One ofthe most frequent violations of thisparticular portion of the rule consists ofquoting several pages of questions andanswers from the transcript, which favorthe appellant's cause. After abstracting aportion of the record in the propermanner, the attorney will suddenlyquote vertatim anywhere from five tofifleen pages (brief size) from thetranscript. Certainly we find noobjection to short excerpts from thetestimony - but no more than that! Thet ra nscript pages, wherein testimonyfavorable to the appellant is shown, can

17

* COMPLETETRUST SERVICE

Are you briefing a case on appeal?Would you like to bring smiles ofpleasure to the faces of the Justiceswhen they read your brief'? If you areand would, then above all thingsremember to reference your abstract oftestimony to pages in the record, andreference it fully. Nothing exasperates aJustice more than having to review fif­teen or twenty pages of testimony inthe record to find the single statementhe's looking for, when careful refer­cueing would enable him to turn to thepage in question without delay.

If doubt exists as to how often toinsert references, try to ajm for at leastthree on each page of the abstract, butbe sure that there are a minimum oftwo.

In addition, it never hurts to reviewRule 9 and make sure that aUrequirements have been met. In thisconnection, comments by Chief JusticeCarleton Harris appearing in Volume 19of the Arkansas Law Review beginningat page 67 are worthy of reading andre·reading. They contair. suggestionswhich, if followed, will certainly do noharm to the advocate's cause. Some ofthese comments are quoted below.

"I first suggest that you obtain acopy of the procedural rules of theSupreme Court. The last edition wasprinted in January, 1963, and you havebut to request a copy from the clerk,and it will be given to you withoutcharge. It would be, of course,impractical for me to attempt toexamine each rule, and I shallaccordingly devote my allotted time toa discussion of the more importantregulations, with mention of those thathave been most recenlly added. In usingthe term 'important' I have reference tothose rules, the violation of which, willoccasion either the dismissal of yourappeal, or the prompt affirmance of thetrial court judgment.

"Paramount, of course, is Rule 9,which refers to the contents of abstractsand briefs. The most portent subsection

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delay or lack of communication. When a client entrusts hisbusincss to a lawyer it is imporlant to him. I-Ic expccts it to behLlndled promptly and feels he is entitled to know how it isbeing handled. Those lawyers who ignore calls or letters from aclient may be sure the client is likely to feel resentful, and mayfire off a complaint 10 the Bar Association. Such complaintsare handled by the Ethics. and Grievance Committee, which

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contacts the attorney, and usually results in bringing the file tothe surface for some necessary action.

Therc are a number of complaints about attorneys fees,most of wllich could be avoided by a clear understanding ofthe terms of employment. While the setting of fees is not amatter within the domain of the Ethics Committee, abuses inthis area are an occasional source of inquiry.

In addition to complaints from irate clients, the EthicsCommittee is initiating some inquiries into areas ofprofessional conduct. One of these is the HiJlegitimate divorce"practice where residency requirements have not been met. TlusCommittee has also studied and has recommendedestablishment of a Client's Security Fund which will bereported in the next edition of The Arkansas UIwyer.

Having passed the course in Ethics I (crimes and offenses ofthe profession) and Ethics \I (violation of the Canons ofEthics), is there a need for any graduate work in the field?May we suggest that the most pressing need of our professiontoday is the regaining of the esteem and integrity which oncecharacterized the bench and Bar. Indications arc all around usthat the pendulum of public trust in the profession and oflawyers' own devotion to the causes of fair and impartialjustice is taking a downward swing. If this is true, our failureto act as an etlucal profession-to supervvise our ownconduct·-wiU surely result in greater controls from outside theprofession, and greater encroachment by the "socialized bar"and others, into those areas where private law practice hasabdicated its responsibility.

Far too many lawyers show an alarming ignorance of theethical standards and traditions of the profession, fail torealize the necessity for maintaining high standards which areabove reproach, and never acquire a strong, knowledgeableprofessional pride. The highest level of ethical conduct, then,is the acceptance of ones own responsibility to conduct hispractice in the grand manner, above reproach, with tenaciousdevotion to his client' cause and to the truth.

Finally:lest fellow members of the bar should conclude thatthe Ethics Conunittee is hopelessly pessimistic about ourprofessional situation, we refer you to the following quotationas a good working statement of the Bar of Arkansas:

"/ have a high opillioll of lawyers. With all their faults,they stack up well against those in every otheroccupation or profession. They are better to work withor play with or fight or drillk with, thall most othervarieties of mankind. "

Harrison Tweed, President, New York City Bar, inauguraladdress, 1946. •

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to foreclose a mortgage on thehomestead of a debtor.

In this discussion, something of aworkshop approach will be employed.Registrants will be encouraged toparticipate by interrupting the speakersand by asking questions, as in aclassroom type of prcsentation. Thespeakers will disseminate problems andother written material for discussion.

Local chairmen for these regionalprograms are John F. Stroud, Jr. ofTexarkana, Steve Matthews of PineBluff, Paul K. Ruberts of Warren, C.David Furrow of West Memphis, CooperJacoway of Little Rock, and HughKincaid of Fayetteville.

TIle registration fee for this programwill be $10. An effort has been madeover the past few ycars to maintain alow registration fee for regionalprograms of this type, and it is hopedthat a goud attendance will be had at allof these programs in order that limitedregistration fees may continue 1O bemaintaincd. •

Continued from page 9

18

Continued from page 17

old rule book, and this is a gravemistake, for there will be no exceptionin the future enforcement of thisprovision. The clerk has already refusedto accept several briefs because ofviolation of the rule. In one instance,where this was done, the lawyer simplywent through his abstract with pen andink, and changed all sentences to start inthe first person. You can imagine whatthe abstract looked ~ke when he hadfmished, and I need not say that suchpractice fails to correct the originalerror. Several attorneys have asked methe reason for the requirement that thefirst pcrson be used, it being theiropinion that it is much easier to write abrief in the third person. I give anexample: The testimony of a minister,who holds a doctor's degree, is beingabstracted. The writer of the brief hasthe same aversion that I have toconstant repetition of the same word.He therefore will say, 'The ministertestified, etc.' - next line, 'The doctorsaid, etc.' - next line, 'TIle preacher

emphasized, etc.' - a line or two later,

'111e witness exclaimed, etc.' I believetilat you will agree that this method ofabstracting can be somewhat difficult tofollow. Not only that, but the use of thefirst person enables the members of theappellate court to somewhat attain asense of participation in the trial itself.At least, I know, as a former trial judge,that I have this feeling as I read theevents narrated by the witness.

"The final requirement of subsectionCd) relates to the reproductions of maps,photographs, or other exhibits, andfrequently the reproduction of theseexhibits is essential to a properunderstanding of the case. The courtexpccts these exhibits to be attached tothe abstracts unless a previous motionhas been granted wherein therequirement is waived.

HI thus discontinue discussion ofRule 9, but would like to re-emphasizethe importance of full compliance."

Careful attention to these suggestionsmay not win your case on appeal, butwill certainly be helpful to your cause.

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Bradley Counly

Coul'lhouse Remodeled

Members of the Bradley County BarAssociation held dedication ceremoniesrecen tly for the remodeled andrenovated Bradley County Courthousein Warren.

Tom Haley, president of the BradleyCounty Bar Association presided overthe ceremony which saw Judge JamesW. Earnest,judge of the county court ofBradley, accept the keys to tilecourtroom. As part of the ceremonyJudge Earnest presented gavels to JudgeG. B. Colvin Jr., circuit judge, 10thJudicial District, and Judge JamesMerritt, chancellor of the 2nd ChanceryDistrict.

Members of the building committeefor the county bar association wereClint Huey, Bob Newton, AubertReynolds and Ray Wood.

Among the special guests at theprogram were: William S. Arnold,Crossett, president of the Arkansas BarAssociation; Richard Earl Griffin,Crossett, state senator of the NineteenthDistrict; Nap Murphy, Hamburg,member of the General Assembly fromthe Forty-second District; C. R. Huie,executive secretary of the State JudicialCouncil; Judge Ray Ables, county judgeof Calhoun County; Judge Carlton G.Gerry, county judge of Union County,and Frank Wynne, prosecuting attorney,Fordyce. •

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His associates are C. E. Harry Jr., vice president and chief pilot, andTed D. Teaney, a h.ighly qualified businessman and also a fiier. Thethree have dedicated their abilities to making AAAT different enoughto keep in both the public and business eye.

One of the new and different ideas of AAAT is an air secretaryseIVice, provided by Miss Rita Rogers, who doubles as hostess, for thebusinessmen with work to catch up on wh.ile they travel. What makesAAAT invaluable is that it is an aU-weather charter service. All nightsare made with not less than two FAA qualified pilots aboard. Thetwin-engine aircraft is Instrument Hight Rules (IFR) approved by theFAA and all passengers are insured for $50,000 with an additionalliability coverage of $1,000,000.

Mr. Luplow, who captained Arkansas coach Frank Broyles firstSouthwest Conference Championship team and went on to lead thePorkers to victory in the Gator Bowl, received his flight training in theMarine Corps. He was assigned to Vietnam and fiew 168 combatmissions, winning ten Air Medals during his 13·mollth tour of duty. Hecompleted his military career as a flight instructor in the Naval AirAdvanced Training Command at Kingsville, Texas. Mr. Luplow ismarried and has a son, Britt, and a daughter, Lynn. His wife, Kay, is aformer Miss Little Rock.

Mr. Harry, a highly qualified pilot, will be in charge of all the fiightservices and will qualify all pilots and co-pilots fiying for AAA1"

Mr. Teaney will bring to AAA T his many years' experience as both abusinessman and a flier. Mr. Teaney worked for ten years as a salesmanand also managed llis own business for five years. He will direct themanagement end of the business, filling in as a pilot or co-pilot asneeded.

Mr. Luplow will direct aU operations at the North Uttle RockAirport, in addition to doing much of the service's flying.G;::-===========:::;;;;;;;::==;::::==-- Many of the ideas of All American Air Taxi, Inc., are meant to fillthe void left by other charter services. TIley have been greeted withapproval by large corporations and businessmen who have found AAATuniquely suited to their needs. It may be well to remember the namebecause its aim~ are high and it has nowhere to £0 but up. (adv.)

NORTH LITTLE ROCK AIRPORT TE 5-3425NIGHT NUMBER MQ 6-9532

• TWIN & SINGLE ENGINE AIRCRAFT AVAILABLE

• ANYWHERE-ANY TIME

• INVESTIGATE OUR SPECIAL MEMBERSHIPFOR GREATER ECONOMY

AERO COMMANOER 1680EI 5-PASSENGER

~PURELY SELFISH REASONS

( If No Other)

314 W. MarkhamLittle Rock. Arkansas

ARKANSAS BARASSOCIATION

'r­'" \ ;)You Wi II serve your profession

by supporting the Association'scontinuing efforts to improvestands of legal education, ofjudicial administration and ad­missions to the bar. You helpprotect the lawyer's professionalstatus by opposing unauthorizedpractice, and through an expand­ed program of publ ic s e r vic eactivities.

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You Will receive every issue ofThe Arkansas Lawyer which willbring you interesting, informationarticles about law, lawyers,court decisions, legal literature,meeting schedules, and news ofdevelopments of value in yourpractice. Your membership in­cl udes your Arkansas Lawyersubscription.

And

;dff. DO~~~o~~~~~~iP and" / the development of close friendships with your brother

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This is an opportunity tu serve yourselfand the public as well.

You Are eligible for participationin the Association's Group dis­abil ity insurance plan. 0 v e r$115,000 cash in disability pay­ments has been paid to membersof the Association since the planwas started in 1946. The ratesare approximately half what youwould be required to pay for apersonal pol icy .. assuming youcould qual ify for the protection.

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