the arkansas lawyer spring 2002
DESCRIPTION
The Arkansas Lawyer Spring 2002TRANSCRIPT
Vol. 37, No.2, Spring 2002online at www.arkbar.com
The Arkansas
A publication of ther Arkansas BarAssociation
•Healthy Lifes!yles
for Today's Lawyer
When Good StressTurns Bad
RethinkingyourInvestment Strategies
ArLAP helps Lawyersfight addictions, depression
and other impairments
Can you live longer andstill feel like a Warriorby using Mediation?
........ : ." .....
PUBLISHERAmtlSQS &r AssodstwnPhone, (501)3~
F"" (SOl )3754901Homepage: www.arkbar.romE·Mail: p;[email protected]
EDITORPQI Jonn
GRAPHIC DESIGNSDra LA"dis
EDITORIAL BOARDStuart P. Miller, Chair
Wiley A. BrantonMorton GitelmanJames C. GravesJ. Leon Holmes
Jacqueline Johnston/CravensLucinda McDanielDavid H. Williams
Jacqueline S. Wright
OFFICERSPresident
Sandra Cherry
President-ElectMurray Oaycomb
lmmediate Past PresidentRon O. Ha.nison
Secretary·TreasurerWillia.m A. MMtin
ParliamentarianJeannelle Denham
Board of Governors ChairDavid Va.ndergriff
Young Lawyers Section Chairlim Cullen
Executive DirectorDon Hollingsworth
Associate Executive DirectorJudith Gray
BOARD OF GOVERNORSJudge Wiley Branton,. Jr.
F. lhomas Currylhomas A. Daily
Elizabeth DanielsonKay West ForrestLance B. Gamer
Dave Wisdom HarrodRobert "Skip" HenryGwendolyn Hodge
Jill JarowayPhilip E. Kaplan
Edwin N. McClureLance R. Miller
Marie-Bemarde MillerJames M. Simpson, Jr.
James D. SprottDanny ThrailkillTeresa WmelandRobert E. Young
LIAISON MEMBERSTom Overbey
Judge David BurnettCarolyn B. Witherspoon
WilHam Wright
ntt Ark-UUl' uwyn (USPS 546-040) is publishedqI.WiCrly by IfJt AIbnY$ s.r A!lM:K:btion. Period..il::mpost. ~id at Utt'e Rod:. Arlcansas. POSTMASTER:ROO addreJ cha.ngu to 11It ArbllUis uwyn-, 400 WestMarldlam, Little Rock. Arlr:.tnsas 12201. Su.blcription priC'l!10 non-members of the Arkansas Bar Association $25.00 per~ar. Any opUUon~ herein is thai of the authol;._nd not ~rily that of the Arkansu Bat Association Of
11Ie Arbn.tlu ulluytr. ContributiOl15 to Tlrll ArbllSlIIunoyu~ wekome and shoukl be senl in two copies tomOOR,. Tht Ark....ws Lnuyu, 400 West Markham. LittleRock. Arkansas 7l201. All inquiries regarding advertisingshouklbeter'lltoEdihx, TMArb.u.u Uwytl; _I theabow~dl'tS5. Copyright 2002. ArkansM Bar AJlIOCi.arion. Allrights~
ContentsVOLUME 37, UMBER 2
Features
8Lawyers Battle Addictions, Depression and
Other Impairments with ArLAPby Lynn Foster
14Rethinking Your 401 (k)
and orner Personal Investment Strategiesby Allyson Lewis
20Live Longer and Still Feel Like a Warrior:
Why One Lawyer Chooses Mediationby Robert Trammell
24When Good Stress Turns Bad
by Mike Holloman
Contents Continued on Page 2
ContentsVOLUME 37, NUMBER 2
In This Issue3
Presidenr's Report,by Sandra Wilson Cherry
5Executive Directors' Report,
by Don Hollingsworth
18CLE Program Planners and Speakers for 2001
23YLS Section Report,
by Tim Culfen
29Sustaining Members of the Arkansas Bar Association
30CLE Calendar
32Judicial Advisory Opinions
34Lawyer Disciplinary Actions
42In Memoriam
48Classified AdvertisinglIndex to Advertisers
400 W. Markham Lint. Rock, Arkansas 72201
HOUSE OF DELEGATES
Delegate District I-SE: Ray Allen Goodwin Delegate District 2-5E: Mark R. Johnson, Katharine C. WilsonDelegate District ]-5E: Michael E. Mullally. Paul D. Waddell, Dennis Zopler Delegate District 4·5E: Bill E. Bracey. Jr.
Delegate District 5-5E: James Bradley Delegate District 6-5E: Chris Morledge Delegate District 7-SEt Donald E. K~
Delegate District 8-SE: Howard L. Martin Delegate District 9-SE: James P:H Flowers
Delegate District 10-SE: William Kirby Mouser, David Sims Delegate District II-SE: Paul W. Keith Delegate District 12-5E: James Hamilton
Delegate District 13-SE: Steve R. Crane, Brian H. Ratcliff, Robin Carroll Delegate District 14·SE: Frank A. PoEf, ChriStie Adams
Delegate District 15-SE: Barry D. Barber, Todd M. Turner Delegate District 16-SE: Ronald D. Kelsay, John T. Vines
Delegate District 17-SE: James Jackson
Delegate District I-NW: Edwin N. McClure, Glenn E. Kelley, Hardy W. Croxton, Jr., George R. Spence
Delegate District 2-NW: Ernest B. Cate, Boyce R. Davis, April M. Rye, Shannon L. Fant, Raymond L. Niblock, Steven S. Zega, Tim Snively, Man Durrett, Chris Reed
Delegate District )·NW: Niki Cung, Claude S. Hawkins, Jr., Wyman R. Wade, Jr., Eddie H. Walker, Jr., Shannon L. Blan, Timothy C. Sharum. Jason Martina
Delegate District 4-NW: Daniel B. Thrailkill Delegate District 5-NW: Gordon Webb
Delegate District 6-NW: John T. TaNm, David L. Eddy
Delegate District 7·NW: Danny M. Rasmussen, Rhonda Wood Delegate District 8·NW: Ted Sanders
Delegate District I·e: Brad Hendricks, Gwendolyn D. Hodge, Ron A. Hope. Philip E. Kaplan, Harry A. Light, Stark Ligon, Charles C. Owen,
Harold Evans, Charles L. Schlumbcrger, Don K. Barnes. Fli:z.aberh A. Thomas, Marshall S. Ney, Melva J. Harmon, John C. Wade, Jeff Broadwater.
Marcella J. Taylor, Reed R. Edwards, M. Stephen Bingham, John Wyvill, Causler Edwards, David Sterling, Patrick Harris,
Brenda Stallings, Mark Nlison, David Raupp, Rick Ramsey, Patrick D. Wilson
Law Student Representatives: Valerie Glover, Universiry ofArkansas School of Law; Jason Lee, UALR William H. Bowen School of Law
2 The Arkansas l.;Jwyer W'MV.ar1<1Jar.aJm
Prc<,idcnL's Rcporl
Vision in Action Brings ProgressSandra Wilson Cherry
It is with overwhelming gratitude mat I
begin this last column as President. I musttell eaeh of you of my heattfelr
appreciation for giving me me opportunity
to serve this ou£sranding organization. A
President's dreams and plans for mecontinuing success and growth of our
organization can only be accomplished byour experienced and supponive Staff and
the many member volunteers who take
rime from their busy lives and practices to
strengthen OUf organization and enrich our
profession. Thank you all for making this
wonderful pasr year possible fot me and for
providing the skill and wisdom to advance
the cause of our organization and our
profession.
The pase year for the Associationmirrors in many ways the path taken byOUf nation when on September Ii, and in
the weeks which followed, we shared in
the overwhelming grief felt by the entire
country. We realized then, as did our
fellow cirizens throughour rhe land , that
somehow we would never be quite the
same again. Yet, like our magnificent
nation, in the monchs since the tragedy, we
have cominued to build and move ahead.
It has been a year of looking forward, not
backward, of recognizing our suengths and
the heritage from which they come, and of
recognizing the challenges we face,
brought about by awesome change, and
finding advantages in these challenges.
Our ehallenges this year bring to mind
rhe Longfellow poem, A Psalm of Life,
which tells us our destined end or way is
neither enjoymenr or sorrow. Rather, it is
But to nct, thnt taeb tomorrow
Fiads ,ts firther thoa todoy
We have acted co foster professionalism
in order that the practice of law remain a
livelihood dedic."ed to high principle and
service. One important goal has been the
development of the Arkansas Professional
Practicum, a mandacory course for newly
admitted atcorneys with its goals of
enhancing the quality of legal services
provided ro the public. This goal will soon
be realized when we petition the Supreme
Court co initiate this program.
Additionally, our law schools. with the
suppOrt of our Task force on
Professionalism, will begin to incorporate
professionalism orientation in their
freshman offerings this fall. Through
effortS such as thex we seek to preserve the
traditions of law practice mOSt worthy of
our great profession in the face of
enormous and fasr paced change.
This does not mean, however, we seek
to avoid change for we are actually
embracing it in ways which wiIl enrich and
enhance the profession. To that end, we
will, in the near furure, offer free Internet
legal research to all our members. Our
]nternet presence will be even further
heightened by new offerings, and by
building up present member services on
our website like Arkansasfindalawyer.
We have acted to insure our members
can look forward co a newly refurbished
Bar Cenret, StiLi locared on the banks of the
Arkansas River where the first law firm in
Arkansas scood, and co offering a
revitalized place for our members to meet,
work and relax; - a professional home
whieh symbolizes, as ir has fot the last 29
years, the strength and continuity of our
organization. A capital fund drive will
begin soon to enable us to provide our
members throughout the state a greatly
improved facility, offering a wide range of
services designed to further the practice of
law and make available new technologies
ro our membership.
Our efforts continue to bring more
people of color not only into the
mainstream of our organization, but also
the practice of law in Arkansas. As we
strive to make our Association and the
Arkansas legal profession more diverse and
inclusive, we find we reap enormous
benefits from fresh and innovative
leadership.
It has been a great privilege to work
with you on these initiatives and many
others to strengthen our profession's
leadership role and IIlcrease the
effectiveness ofour Association.
Jack joins me in thanking you for a
wonderful year - for friendships enriched
and friendships made, for the honor of nor
only representing Arkansas in the nation's
legal community but also in being itS
hosts, - and for rhe memories.
Vol. 37 No. 2/Spring 2002 TI,e Arkansas La")'er 3
w
Executive Directors' Report
New Overdraft Notification RulebV Don Hollingsworth
email: [email protected]
Beginning July I, 2002, Arkansas will joinmany orner states in requiring Ilocificarionby financial institutions of any overdraft indiem trust aCCQums maincained byattorneys. Attorneys are encouraged to readthe new rule wh.ich can be found in theDecember 20. 200 I per curiam opinion bythe Supreme Court of Arkansas. To accessthe opinion e1ectronicaJly, go cowww.arkbar.com and click on "New andNoteworthy. "
There will be an overdraft nocificacionagreemenr between the Supreme Court,through its Office of Professional Conduct,and financial insrirutions throughout thestare. Since the per curiam makes atcorneyconsem to the reporting and productionrequirements a condition of the privilege [Q
practice law 111 Arkansas. financialinstitucions will not have a separateagreement with the attorneys who haveclient trust accOlwtS with them.
An important element of the new rule ismat financial institutions will automaticallynotify the Office of Professional Conduct ofall overdrafts. Thus, the financialinstitution is not being asked to evaluatecircumstances of an overdraft. Instead, theOffice of Professional Conduct isresponsible for determining whether furtheraction is necessary. For example, if theoverdraft was caused by an accountingerror, verification ofsuch can be supplied to
the Office. The Office of ProfessionalConduct will contact the attorney or lawfirm to request an explanation of anoverdraft notification. If there is not alegitimate reason for the overdraft, theOffice may take other action, including anaudit of the client trust account.
If a financial institution in Arkansas doesnot agree to the overd.raft notification, noattorney or law firm trust accounr can bemaintained with said financial institution.The Office of Professional Conduct willpost on the Supreme Court's website acurrent list of approved financial
institutions.Attorneys need to take note of a new
record keeping requirement which theSupreme Court adopted in conjunctionwith the new rule. "Every lawyer engagedin the practjce of law... shall maintain andpreserve for a period of at least five years,after final dispositjon of the underlyingmatter. the records of the accounrs,including check books, canceled checks,check stubs ... or other statements ofdisbursements rendered to clients or otherparties with regard to trust funds or similarequivalent records clearly and expresslyreAecting the date, amount, source, andexplanation for all receipts, withdrawals,deliveries and disbursements of the funds orother property of a client." Section 28.G.,Procedures Regulating ProfessionalConduct of Attorneys.
Some financial institutions haveexperience with the overdraft notificationsince they operate in states which alreadyrequire the notification. The Office ofProfessional Conduct, through its ExecutiveDirector Stark Ligon, has been contactingArkansas financial institutions aboutimplementation of the notification
agreements.Ifyou have questions about the new rule,
you should contact Stark Ligon at 501-3760313 or [email protected].
Some attorneys new to private practicemay have questions about establishing ormaintaining client trust accounts. SusiePointer, the Execucive Director of theArkansas IOLTA Foundation, is a resourceon these operational aspects of trustaccounts, you may contact her at 501-3761801 or [email protected].
The Arkansas overdraft rule is based
generally on Rule 29 of the Model Rules forLawyer Disciplinary Enforcemenr (1996) ofthe American Bar Association. One of thereasons for enactment of the rule inArkansas and other states is the faCt thatoperations of client trust accounts is a
primary source of disciplinary problems.Even though the vast majority of Arkansasattorneys operate client truSt accountsproperly, there are instances of attorneysmisusing the accounts or not paying closeattention to the rules governing them.
Update on Website
Later this year your Association'swebsite at www.arkbar.com will beredesigned to better serve the needsof members and the general public.Among the new products on thewebsite for Association members willbe an online member directory and alegal career center. Also beingplanned is a new legal researchbenefit for members.
A new product already on thewebsite is the index to The ArkansasLawyer. Just click on "ArkansasLawyer" on the home page, and atthe bottom of this back page is SearchBack Issues, which is a service of theLaw library at the UALR BowenSchool of Law. The index covers allissues of The Arkansos Lowyer back toits beginnings in 1967, and it issearchable by author, title, subjectand words in titles. Also provided onthis page are selected portions ofrecent issues of The Arkonsas Lawyer.
vol. 37 No. 21Spring 2002 TIle Ark.nsa, L.wyer 5
The POWER of
Practice Handbooks
HatJ~ it Your Way! Cuslomiu }'our Library ofAssociationHandbooks to Suit Your Pmonal Styk
Select from among prim offerings including the ArkansasForm Book, Domescic Relations, DebcoclCredicoc, ProbateLaw. Handling Appeals or Real Estare litle Standards inAskansas.
ORChoose the Arkansas Form Book, DC'bror/Credicoc orProbate Law Handbooks in word processing format.
OROpt for the simplicity of a CD ROM containing anyone orany combination of the following: Askansas Fotm Book.Debtor/Creditor. Probate Law. Handling Appeals in AskansasOt Real Estate litle Standasds in Askansas.
Watch for details on the latest technology offering when anew Arkansas Bar Association member benefit will make thePractice Handbooks available on the Imerner through LexisPublishing.
To order call 501-375-4606 or 800-609-5668 or [email protected]. Or visit our website at
www.arkbarcom for further information.
arkansasfindalawyer.com
Didyou know?
Monthly Hits have t<ached 39.000 on askansasfindalawyer.com
and 200,000 on arkbar.com.
Hundreds of websites in Arkansas and around the United States
have links to arkansasfindalawyer.com and arkbar.com.
Every day your Association's office receives 25 or more calls from
persons wanting the name of an anorney to hire. The office refers
the caJIers to arkansasfindalawyer.com, the Association's on-line
attorney directory.
Association members who wish to participate should contact
Barbara Tarkington for more information: 501-375-4606; 800
609-5668; [email protected].
r Membershiaur parkansasfindalawyer® Insurance Discounts
Publications FREELexis-Nexis
to Members
An on-line anorney direcroryCall Rebsamen Insurance · Th~ Arkamm Lawy~r Magazint!
for Association members only.Review the directory by going at 501-664-8791 · Tht NtWJbu/ktin On-line legal research
ro or 888-272-6656 forAnnual M(!mbtNhip Di"ClOry from Lexis-Nexis isAssociation discounts on: ·
www.arkansasfindalawyer.com • Professional Liability lind Organizational Guidi! discounted• Group Term Life Insurance · Ltgislar;v(! Summary from thi! for members.
• Provides Association members • Accidenc Hill
a con-effective, new source • Hospirallndemniry Visit www.lexis.com· Guidi! to Arkansas Statute ofof diems with an accur:He • Overhead Expense
Limitations or callup~to·date listing - in over 50 • Disability Income
800-356-6548.areas of pracrict. • Long-Term Care · The Arkansas lAw Review
• Free Link to firm's website. • Cri,ical Illness · The VALR Law Review
CLE Seminars Delivery Service Advisory Ethics Section Web Pages
at Reduced Cost Opinions The Sections of the ArkansasCall UPS at 800-325-7000 Bar Association now haveand identify yourself as a It's not always black and whi,e. their own web pages at
member of the Arkansas Bar In the practice of Jaw, there's a www,arkbar.com.The cornerstone of an Click on "Committees and
Association, or use account lot of gray, Your Association's Sections," and then click onattorney's professionalism is #CP29000 1685. Professional Ethics and the "Sec,ions(s)" ro whichup-to-date information and Grievance Committee can you belong.
skills. The Arkansas Bar help. Within specificRetirement PlanAssociation provides the most guidelines, the Committee wiU Mailing Labels
comprehensive statewide ABA Members Retirementissue an opinion on the
To purchase mailing labelsmember's proposed conduct.CLE program, and members Program. Call 800-826-8901 There is an administrative of members at a discount,pay reduced tuition! or visit the website at charge of$50.
contact Barbara Tarkington
www.abaretirement,com. at 501-375-4606 [email protected].
Credit Card ProgramProfessional Booklets & Guides Conference RoomNetworking
The MBNA Platinum The Arkansas Bar Association · Consumer Law Handbook Association members canPlus MasterCard includes is the best opportunity • Senior Citizens/Caregivers utilize the conference room ata card with the Arkansas in Arkansas for attorney
Gllide the Arkansas Bar Center for
Bar Association logo, nointeraction through the
• Small Claims Bookletclient meetjngs, depositions
Association's public service and similar matters.annual fee, miles plus Arkansas Veterans
,projects, sections · Contact the Association
option, a low APR and and committees. The Handbook office at 501-375-4606 ortravel services. Annual Meeting of the 800-609-5668. The room has
Call Association each June is Call 501-375-4606 ro orderseating for 12 to 14 persons.
The Bar Center is located800-847-7378 mended by 1,000 Arkansas or download from across the streer from the
for an application.atcorneys and hundreds of
www.arkbar.com Pulaski County Courthouse.family members.
IIL\l.IIIY l.Ir I.S [) I.rsrOR IODM'S 1.,\\\ Y[R
Lawyers Battle Addictions,Depression and otherImpairments with ArLAP
It is estimated that one in five lawyers suffers from
alcohol or drug abuse and related disorders. Do you
have such a person for a colleague? Or are you
struggling with these problems yourself?
Some of us have special problems. We may drink so much in rhe evening that
we "black our" and the next day we can't remember whar happened. We may arriveat the office late every morning because depression makes the simple acr of gccring
our of bed a serious challenge. We may depend on Xanax to get us through the
day, and "up our dosage" on parricularly srressfuJ days. A few of us emer a
downward spiral exacerbated by chemicals or addictive behaviors or depression that
ends in the Joss of our marriages. or licenses, or lives.
Statistics show that approximately one in ten adult Americans suffers from cheserypes of problems. But for us lawyers. impairmem is twice this rate. It is estimatedthat one in five lawyers suffer from alcohol or drug abuse and related disorders. i Doyou have such a person for a colleague? Or are you struggling with these problemsyourself? Arkansas now offers a program to help lawyers recognize and identifytheir problems and find solutions within a confidential, supportive ne[Work.
As I write this, Ms. Gail Harber is opening an office at 2 Van Circle in LinleRock. She is the new direaor of the Arkansas 13wyer Assistance Program (ArLAP).This article will discuss the scope of the Arkansas program, how it works, andwhether you, or someone you know, can benefit from ArLAP.
BACKGROUNDIn the last few decades, our society's recognition of the COSts of substance abuse,
depression and similar impairments has grown, and more resources have been
devoted to assisting people with these problems. In 1988, the American BarAssociation created the Commission on 13wyer Assistance Programs (CoLAP).CoLAP's mission is to advance the legal community's knowledge of impairments
facing lawyers, and to support state and local bar association lawyer assistanceprograms. l All 50 states now have such programs.
Lawyer assistance programs offer lawyers in trouble a chance to change their
lives. Persons in the program receive treatment and continuing assistance overtime, working with trained professional care providers and attOrney volunteers whohave had similar problems. The mOSt common impairments arc alcohol and
8 TI,e Arkansas Lawyer WNoN df1<bar com
By Lynn Foster
About the Author
Lynn Foster is currently the Associate Dean for
External Affairs at the University of Arkansas at
Lirtle Rock William H. Bowen School of Law. A
member of the Arkansas Bar Association's Lawyer
Assistance Committee, she volunteered to write
this article our of gratitude to Alanon and
Alcoholics Anonymous for having changed her
and her family's lives.
subsrance abuse and depression. A
significanr percenrage of anorneys referthemselves. Colleagues, family members, or
disciplinary agencies refer omers.In Arkansas, the impetus for ArLAr
began with attorneys in the Pulaski CountyBar Associarion and rhe Arkansas BarAssociation. Both associations formedlawyer assistance comminees, which workedfor the esrablishment ofa starewide programunder the jurisdicrion of the SupremeCoun. The Supreme Courr laid down theframework of the program in a per curiamorder issued December 7,2000.2 In Marchof 2001 the Arkansas Supreme Courtcreared the Arkansas Lawyers AssisranceProgram Commicree, which was charged
wim esrablishing policies and procedures forthe program.3 In a per curiam order issuedSeptember 20, 2001, the Supreme Courtpublished the procedure manual of ArLAr.4
There are many more people who deserverecognirion for the esrablishmenr of ArLAPthan can be named in this article, but someof the "prime movers" behind ArLAPinclude Jim Smirh, the current chair of the
Arkansas Bar Association commicree, JudgeWayne Gruber, ex-Presidenr of the PulaskiCounty Bar Association, Ron Harrison,President of the Arkansas Bar Associationduring 2000-2001, Janet James Robb,currenr chair of the Supreme Councomminee, and past and presenr membersof the Supreme Court and Arkansas BarAssociation committees.
SCOPE OF ARLAPArlAP is intended to help lawyers and
judges who suffer from physical or mentaldisabilities that result from: disease,substance abuse, disorder, trauma, or age,and that impair their ability ro pracrice or
serve.S This article will refer ro all of thesequalifying conditions as "impairmenrs."Some behaviors and disorders rhar couldqualify as impairments include depression,anxiety disorder, bi-polar disorder, gamblingaddiction, sex addiction, and Alzheimer's
Syndrome. Harber describes ArLAr as a"broad brush program," emphasizing tharits scope: is inclusive. ArLAP will use a wide
array of services as well, ranging from advicero anorney mentors to professional referralsro structured intervenrions ro early
idenrificarion training. Rehabilitationsupport is also available. Harber emphasizesthe flexibiliry of the various trearmenrs and
possibilities available.
PRINCIPLES AND GOALS OFARLAP
Today we know that alcohol abuse,subsrance abuse, and depression aretreatable condicions. Oftentimes, similarimpairments like those broughr on by age ortrauma are as treatable as well. Impairedlawyers are obligared to seek help andcooperate in treatment in order to regaintheir full effectiveness. Every lawyer andjudge bears a responsibility to be aware ofthe signs and symptoms of alcohol orsubscance abuse, and other impairments,and ro assisr colleagues in getting treatmem.ArLAP's goals are ro assist lawyers andjudges in overcoming rheir impairments, inrebuilding their families. and in returning to
legal practice or the bench. In addition,ArLAP also exiscs to educate the legalcommunity about these impajnnents, andabout imervention, rreatmem and suPPOrtprograms.6
ASSISTANCEHow will ArLAr help' People can come
to ArLAP by several different routes.Lawyers who suspect or know that they needhelp can comact ArlAP direcrly. Irs officein Little Rock is purposefully located farfrom bar associations and courts. Lawyerscan ralk ro a staff member who will listen tomar lawyer's particular situation. explorepossibilities, and help craft a plan of action.This may involve meeting with an attorneymemor who has had the same types ofproblems, or gerting help from a docror orother professional. ArLAP will makereferrals and assist the attOrney in findingthe appropriate agency.
Spouses, family members, colleagues, oranyone who has first-hand informationindic3ring that a la\.vyer is impaired canconracr ArLAP as well. While manyimpairments are diseases, they are unlikephysical diseases in rhis respect: manyimpaired individuals are deep in denial, and
will go co great lengths to avoid admitting tothemselves, let alone anyone else, thar theyhave a problem. The diseases affect thought
processes; there is no such thing as analcoholic who is reasonable about his or heralcoholism. In some cases, ArLAP willrecommend a "srructured inrervemion,"
where family, friends and colleagues sitdown wirh an individual in a professionally
lcd, supportive, nonjudgmenral envlronmem and try to morivare rhe individualto seek help.
Finally, ArLAr will accept referrals from
the Arkansas Professional ConducrCommittee, the Arkansas Judicial Disciplineand Disability Commission, or any agencywith similar disciplinary authority. TheCommittee will nOt accept anonymousreferrals.
Once 3 referral is received, theCommittee will invesrigare ro determine
whether impairmenr exisrs. If impairmentis confirmed, the Director will arrange for a
meeting with the attorney or judge. Theindividual can sign a contract to participatein a treatmem plan of action, in which casehis or her identiry will remain anonymous.Or rhe individual can refuse, in which caseit is possible that the arrorney or judge maybe reported to the appropriate disciplinarycomlTiinee.
The comracr can require emering imo anassessment, treatment cenrer, treatment
program, or hospiral; absrenrion from usingalcohol or chemicals or destructivebehaviors; compliance with all 3sseSSmenrand treatment program recommendationsand rhose of me Direcmrj and paymenr ofall expenses. The care provider would mencarry out trcarmenr or assessment. TheCommittee will monitor providers andprograms to make sure they conform roaccepted standards of carc.
Once treatmenr is completed, therecovery process begins. The recovering
lawyer or judge will be asked ro sign arecovery contracr, which setS forth rermsthat the individual will follow for at leastthree years. Recovery plans can includecontacting the Direcror upon release fromrreatlllenr; random drug screening;
documentation of participation in twelvestep meetings, such as AlcoholicsAnonymous or arcotics Anonymous; andquarterly meetings with the DirectOr.
In addition, ArLAP provides inrervention
counseling for family, friends and colleaguesin cases where a structured. formalintervention is conducred. Volunreerattorney mentors will assist in inrerventions,
serve as liaisons berween ArLAP and COUfrsand bar asSOCiations, and providecompliance Illoniroring. Harber trained thefirsr group of menrors in March. If you areinterested in volunteering, contaCt her.
Vol. 37 No. 21Spring 2002 n,e Arkansas LAwyer 9
These typical signs and symptoms may indicate that you have a problem:
Do you drink or use drugs [0 improveyour job performance or deal with
difficult people or situations?Do you miss appointments, depositions
or coun appearances?
Do you fail to return phone caBs?
Do you drink or use drugs when you are
alone?Do you miss deadlines or neglect work;
and is the overall quality of your work
1·800·275·8903www.amfs.commedlca/[email protected]
declining?Do you have increased discord in yourmarriage or family?Do you make excuses or lie about rhe
frequency or quantity of drinking or
using drugs?Has your life become unmanageable
because you cannOt comrol yourdrinking or drug use?
AMFS·__-.1__......
These typical signs and symptomsmay indicate that you are an"enabler"-someone whose
behavior is actually hindering asick person from seeking help:
Do you protect a lawyer from the
consequences of his or her ownbehavior by making excuses?
• Do you join in the lawyer's denial and
refuse ro acknowledge any problems?
• Do you assume that simply usingwillpower or reason or acquiring more
moral integrity can solve the problem?
CONFIDENTIALITYConfidentiality is essential to the success
of ArLAl~ It is particularly importam in a
small state with a small bench and bar.
Harber plans (Q follow the strictest
confidentiality, not even revealing the names
of ArLAP participanrs to the Comminee,
but identifYing each with a number. The
Model Rules of Professional Conduct and
the Canons of Judicial Conduct have been
amended to keep information received by
ArLAP and irs volunteers completelyconfidential, except for cases where the
attorney receiving treatment is continuingto break the law or is breaching the terms of
the treatment contract.
EDUCATIONWhat do you know about alcoholism,
subsrance abuse and depression? Some
common fictions are:
He's not an alcoholic-he doesn't drinkevery day.
She's got such a wonderful career and
family-alcoholics are homeless and
unemployed.He can't be addicted because he only
takes prescription drugs.
She can get over her depression if she just
exerts a little will power.
Usually, alcoholics and addicts can quit
by themselves, withour treatment'?
"[A]ddiction treatment specialists
typically use the words "addict" and
"alcoholic" inrerchangeably because a
person who is addicted to one substance is
susceptible to addiction to all other
psychoactive drugs."8 Thus, a cOlllmon
pattern for a person who is nOt in treatment
is to quit one drug bur take up another.
It is possible for addicts and alcoholics to
abstain, hut "they cannot sustain their
abstinence without others' help."9 Therein
lies the importance of the community and
conract of a detoxification facility, or twelve
step groups, or a menror. Twelve-step
groups date baek to the I930s, when a small
group of people experimenred with a varietyof techniques and formulated the "Twelve
Steps," a series of beliefs and actions
forming the foundation of AJcoholics
Anonymous, AJanon, and similar
organizations. IO
Alcoholics and addicts like to believe that
they are social drinkers and users, but this is
not true. Without treatment, their
prognosis is bleak. The good news is mat
help is available rhrough ArLAP.
Contact InformationArkansas Lawyer Assistance Program(ArLAP)Ms. Gail Harbn; Director2 l-1zn Circle, Suite 7Littk Rock, AR 72207501-907-2529· bttp://www.arlnp.org
ArLAP Committee MembersJaner James Robb, Lirtle Rock, ChairDr. Phil Barling, Fort SmirhJudge Kathleen BeU, West HelenaGary R. Burbank, EI DoradoGail Harber, Lirtle Rock
Judge David Laser, JonesboroDr. Joseph ManindaJe, Benron
James E. Smith, Jr., Lirtle RockChristopher Thomas, Lirtle Rock
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6. ld.
7.ld.
8_ Facts & Fictions, Tex. B.J., Feb. 2001, at157.
9. Roben Coombs, Addiction's DefiningNature, Tex. B.J., Feb. 2001, at 166,166.
10. Id at 168.
11. Information about AlcoholicsAnonymous is available on their website at
W\vw.a1coholics-anonymous.org. There aremore ,han 97,000 A.A. groups worldwide_AI-allan's website is at www.aJ-anonaJateen.org.
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IHj\UIIY LIlT:,1H,ESI-...'R IOD;\'y'S L;\WYrR
Rethinking your 401 (K)and Other Personal Investment Strategies
About the Author
By Allyson Lewis
,---.....,,-,----, AJlyson Lewis is a Senior VicePresidem, Financial Advisorfor Morgan Stanley in theJonesboro. Arkansas office.
She is also a CercifiedFinancial PlannerTM. Youcan reach Allyson 3r 870972-0002 [email protected]
If the 90's made us all think we were investment
geniuses and that planning for retirement was as
simple as putting your money in the stock market
and leaving it alone, the last two years have made
many investors rethink that investment strategy.
From January I, 1991 through December 31, 2001, the S&P 500 generated anaverage annual return of 12.93% and the NASDAQ posted 12.77%. Conversely,if you look at the three year period from January I, 1999 through December 31,200 I, the S&P 500 generated an average annual return of -1.03% and theNASDAQ posted a dismal -3.83%.
Many investors are asking, "Why is my 401 (k) wonh ilie same amounc it was atthe end of 1998' What happened to the last thtee years?"
Let'S first look at the math. Just [Q make life easy assume you had accumulated$ I00,000 in your 40 I (k) by the end of 1998 and that you were inveSting in theS & P 500 Index.1998 year-end value $100,0001999 +21.04%year-end value $I21 ,0402000 -9.10% year-end value $109,998200 I -I 1.88% yeat-end value $ 96,930
Investing in the S&P 500 was kind of a best-case scenario for long-term stockinvestors. However, many of you reading this article may have had a healthyportion of your 401(k) held in growth mutual funds that more closely mirrored theNASDAQ Composite Index. For comparison, using the same information as meabove illustration, the following shows how a $100,000 invesnnem in theNASDAQ Composite would have performed over the last three years:1998 year-end value $100,0001999 +85.59%year-end value $185,5902000 -39.29% year-end value $112,6722001 -21.05% year-end value $ 88,955
The last three years have taught us many things:Risk exists.
The pain of losing money has taken many invescors by surprise. From thebeginning of tbe bull market in 1982, most people thought they could invest in the
14 TI,e Arkansas lawyer VMW.arkbar.com
stock market and juSt wait for the money tocome pouring in. From January 31, 1979 to
January 31, 1998, rhe S&P 500compounded at an average annual rate ofreturn of over 17% per year! With theexceprion of rhe 22% decline on BlackMonday in 1987, the corrections were fairlylimited and considerably short in theirduration. Investors used the dowmurns toadd to their positions and they wererewarded time and time again. For the mostpart, the last 20 years caused investors tolose sight of the underlying risk of investing.The importance of diversification.
Diversification emphasizes theimportance of utilizing proper assetallocation strategies. Asset allocation is afancy term describing how investors chooseto allocate their financial assets between thebasic asset classes of Cash. Bonds, andStocks. The key question you may wam toask yourself now is: "Is my 401 (k) properlyallocated imo the correct blend of cashinvestments. bond investmems and srockInvestments?" And further. "Within thesrock category, am 1 investing in the
appropriare rypes of growrh assers for myage and risk tolerance?"
Begin with quality.Qualiry invesrments should build rhe
foundation of all investment strategies. This
is true whether you are talking aboutbuilding your personal portfolio or your401(k) plan.Compound Interest - time is onyour side.
The best time to start investing is with
your very first paycheck. If you can begin tosave 100/0 of yoar pre-tax income from thebeginning of your career. you should be ableto accumulate a large enough nest egg to
help plan for your financial furure. Thisagain takes us back to one of the mostsignificanr benefirs of your 401 (k) planthe faCt that once you have signed up. yourmoney is automatically withdrawn from
your paycheck and placed into aninvestmenr account that is designed to belefr alone until you are ar least 59.The final responsibility is yours.
The last three years have caused manylong-term investors to rethink theirinvestmenr strategies. In the future, it mayno longer be as simple as putting yourretirement dollars into a retirement planwithout thoroughly understanding all of
your available II1vestmem options.EDUCATION will playa much larger role
in many people's investment strategy.Raising the bar on your own personalunderstanding of your investment options
could dramatically impact the futureperformance of your retirement plans.The question then becomes what do I donow?
STEP 1Reassess your personal risktolerance level.
Defining your personal risk rolerancelevel will allow you to build a portfolio rhatis the most suited to help you reach yourfuture financial goals while allowing you to
invest within your comfort wne. This shortquestionnaire may offer some insight intoyour personal feelings toward risk. It willalso rank some of the common facmrs thatdetermine your ability to take on risk. Thesefactors include age, income. current savingsand general investment knowledge.1. What is your age?
1. 65 and over3. 36-645. 35 and under
2. What is your investment time horiwn forthis money?
1. 1 year2. 2-5 yeatS3. 5-IOyears4. 10-20 years5. 20 years or longer
3. What is your primary objective for this
money?I. Safery of Principal2. Current Income3. Growth and Income4. Conservative Growth
5. Aggressive Growth4. Regarding your income. do you expect itto:
1. Decrease dramatically in the furure2. Decrease a slight amounr in the
future
3. Stay about rhe same4. Increase with the pace of inflation
5. Increase dramatically5. What amount of money do you have set
aside for emergencies?I. None3. Enough to cover three months of
expenses5. Enough to cover six or more months
of expenses
6. Which statement best describes yourpersonal investment experience?
1. I have never been responsible for
investing any money.2. I am relatively new investor.3. I have invested some of my money
through IRAs and through employersponsored retirement plans (401 (k))for quite some time. bur now I am
ready to develop additionalinvestment strategies.
4. I have invested for quire some timeand am fairly confident in my abilityto make prudent lIlvestmenrdecisions.
5. I have invested money for years andhave a definite knowledge of how thevarious stock and bond markets work.
7. Regarding your view of risk. whichinvestment would you be more comfortablemaking?
1. I am comfortable investing in savingsaccowlts and CDs that are FDICInsured.
2. I invest in savings accounrs and CDs,but I also own various incomeproducing bonds and/or bondmutual funds.
3. I have invested in a broad array ofstocks and bonds and mutual funds.but only the highest qualiry.
4. I have invested primarily in growthstocks and growth stock mutualfunds.
5. I like to pick out new and emerginggrowth companies and aggressive
growrh stock mutual funds.8. To understand your risk tolerance levelmore clearly, which investment would yoube more likely to invest in:
This investmem has a 20-year averageannual rerum of 6%. It has achieved thosereturns with infrequent and very slightdownrurns. This investment has neverexperienced a negative return.
Thjs investmem has a 20-year average
annual return of 9%. It has achieved thosereturns with a few moderate downturnswhere the decline lasted less than six monthsand then began to recover. It has
experienced more than one-year of negativererurns.
This investment has a 20-year averageannual return of 14%. It has achieved thosereturns while cycling through several periods
of above average returns and several periodsof substantially negative returns.
Vol. 37 No. 2/Spring 2002 TI,e Ark.ns.s l.wyer 15
40383634I
Ultra Aggressive
Fairly Aggressive
3230282624
Moderate
2220
Bonds no often pay an even higher rate of rerurn man
__
an imermediare bond, but because of their
length. iliey have the most price volatiliry.Stocks
Stocb snlo Stocks have hisfOricaJly been the favoredUltra-aggressive asset class for long-term investors who have
the time and the appropriate risk colerancelevel ro ride our the volatiliry inherem in the
Stock marker. Bur, as the marker place has
become more and more sophisticated, an
ever-longer list of choices may have been
added ro yout 40 I(k) plan. Hete ate some
of the more common growth invesrmem
options.
Standard and Poor's 500 J/ock inda
It is one of the most widely followed
scock benchmarks. This index dates back CO
1923 and currently includes 500 stocks
from 83 indusrries. Ir is often thoughr of asrhe "if you can't be3r 'em, join 'em"
invesrmenr straregy.
Larg< Cap Growtb Stocks
Also known as large caps. Some
investmem analysts consider a company
with a market capitalization of over $2
billion to be a large cap stock. These
companies are often well known srocks and
arc referred ro as blue chip stocks. Thesesrocks are growth oriented and are often in
the faStest-growing industries. Industriesmight include rechnology, health care,
telecommunications and some financials.
Larg< Cap Vatu< Stocks
Are known as large caps as well, but they
are very different from the growth Stocks we
just described. These companies are very
large and well known bur they tend ro come
from the older, "boring" industries like,
transportation, energy, uriliries and
consumer cydicals.
It is importanr to understand the vasr
difference berween growth stocks and value
Stocks. They can both playa role in helping
you reach your future financial goals, butthey often rOt3te in and out of favor. For
example, when growth srocks are in vogue,
vaJue stocks may underperform and then
growth may move inro a period of
1816
IFairly Conservative
141210
Step 2Understanding your basicinvestment optionsCasb
5. Ultra AggressiveCash 0%Bonds 7%
Srocks 93%
Ultra Conservative
For this article, we will define a cash
investmem as anything that carries a
maturity date of less than 12 mOlHhs.
Therefore the most common cash
investments would include:
Checking accounts
Savings accounts
Money market aCCOlllHS
And shorr-rcrm CDs
The advanrage of Cash invcsrmems IS
their safety and their liquidity. Thedisadvantage is theif low return.
Bo/uisBonds are also known as fixed income
invesrmenrs. Bonds give you the
opportunity to pur a specific amount of
money inca an investment, receive a specific
and usually dependable return, and then getyour original invesrmenr back on a specificfucure date.
There are several bond strategies available
;Jfot a 40 I(k) investor:...... ",.
Bonda3lt'llo Short-term strategy - shon-cerm bonds
will mature in less than five years. They
catry the lowest yields and the smallest
c.h5~oderate amount of principal Aucru3rion. Risk averse
invcstOrs may want co buy high qualiryshon-term bonds.
c.nK Intermediate strategy - imermediare
.-
bonds offer maturities from five to ten yearsBonds 21% •
10 lengrh. These bonds should give you a
somewhat higher yield that a similar shorr~78" [eTm hond, bur because of their extended
Fairly Aggressive maturiry dates, they have more volatile price
fluctuations.
Long.term strategy - long-term bondsvary in length from 10 ro 30 years. They
";.I""Stocb 37%
..... ,,,.Fairly Conservative
"~OC" •Bonds 57,.
CUll 18"
Ultraconservative
5%38%
57%
1. Ultra ConservativeCash 18%Bonds 67%
Stocks 15%
4. Fairly AggressiveCash 3%
Bonds 21 %Equiry 76%
3. ModerateCashBonds
Stocks
2. Fairly ConservativeCash: 12%Bonds: 51 %Stocks: 37%
What's Your Score?To score the risk colerance (est simply
add up me points. You will receive onepoint for each number that you circled.
For example. if you circled 3 1, you
receive one point. Ifyou circled a 4, you 8
receive four points. Please count the
number of poincs you circled and place
a nar on me risk coleranee scale at right.These questions and this scoring scale is
meant [Q be used only as a guide your actual
investment plan may vary based onadditional information that was not asked in[his questionnaire. But, after you have
scored your risk tolerance level, the next stepwill be (0 ereare a porrfolio of investments
that matches your asset allocarion to yourrisk rolerallce level.
The following is a list of some sample
asset allocations based on five basic risk
rolerance levels:
16 The Arkansas L"''Yer 'MWI.8I1<bar com
EXAMINATION CONSULTANTS
Handwriting Experts
1765 John Bryant Dr. - Conway, AR 72034 (501)450-6361
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and one that is more related to answering
some very basic qucstions and then
designing a WRITTEN FINANCIAL
PLAN co cake you there.
The bottom line is that you need ro fully
understand your own risk tolerance level
and then design a long-term asset alJocation
strategy chat will allow you to think long
term. Understanding your personalinvestment options could be one of the keys
to your success.
Portions of this article were excerpted with
penllission from the author. Tbe MilliollDollar Car aud $250.000 PiZZll(Dearborn. 2000).
Howard (Bear) ChandlerLinda 1. Taylor
differenr strategies for achieving adequate
returns while attempting to reduce risk by
having some exposure to less risky assets like
cash and bonds.
International Funds
The world is a very large place with
investment opportunities at every corner. If
you limit yourself to stocks in the United
States, you are missing out on over 50
percent of investment opportunities.
International investing can also serve as a
hedge against difficult periods in the US
srock markets.Risk of the various indexes as measured bystandard deviation.
The higher the dcviation, the higher the
risk. It's time to quit hoping for a quick
recovery in the stock market, which mayor
may not happen in time to help rebuild your
retirement plan. and it is time to develop aninvestment strategy. You need "A
PROCESS" for achieving your goals and
dreams that is less reliant on the probability
of an unknown rc[Urn in a specific market,
underperformance while the old-time value
stocks reclaim the limelight. Unfortunately,
many investors will get caught in the trap of
trying to chase the hor investment of the
moment and they will see that growth stocks
have been outperforming for the last two
years. so they will sell off all of cheir value
stocks and move that money into the
growth sector only to find that now growth
is beginning to fizzle OUt and value is
coming back into favor. Economists and
analysts will fight until the end of time
trying to tell you exactly what you should be
buying. A better strategy may be to buy
some of both growth and value stocks andlet the cycles rotate over time.
Mid Cap Growth and Value Stocks
Mid cap stocks refer to companies with a
market capitalization from $500 million to
$2 billion. These companies are usually not
as well known but may offer a more
aggressive growth porential. Please be aware
that mid cap growth stocks and mid cap
value stocks also act in very differentmanners and will perform differently under
certain economic conditions.
Small Cap Growth and Value StocksSmaJl cap stocks refer to companies with
a market capitalization of less than $500
million. They are even less likely to be
known by the average invesmr, but hismry
has shown that this asset class has generated
the largest returns since 1926, albeit with a
higher degree of risk.
Balanced Funds
A balanced investment seeks to invest in
all three major asset categories - cash,
bonds, and stocks. Different managers use
Vol. 37 No. 2/Spring 2002 n,e Arkansas La")'cr 17
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NOTIFICATION OF PHILLIPS UNNERSITY'S CONTINUED EXISTENCE(October 2001)
Phillips University, Inc. is pleased to announce that it successfully concluded its Chapter 11bankruptcy proceeding and fully paid all allowed claims against it, with interest. While PhillipsUniversity's bankruptcy and the circumstances leading to it led to significant changes, PhillipsUniversity remains a validly existing Oklahoma corporation with 501(c)(3) status under theInternal Revenue Code and continues to fulfill an educational mission. To fulfill this mission,Phillips University will endeavor to operate in the tradition of the university as it existed on April1, 1998, and to engage in such educational activities as the university is authorized to engageunder applicable state and federal law. Without limiting the scope of the activities in whichPhillips University may engage to fulfill its educational purpose, Phillips University is expresslyauthorized by its articles of incorporation to make scholarships and / or grants available to: (1)individuals pursuing a liberal arts curriculum and attending a private college or university; and(2) faculty and staff of private, liberal arts colleges or universities pursuing advanced educationalstudies.
Phillips University offered one-time educational grants of $250 for the academic year 2001-2002for students who were enrolled during the university's last two years (1996-97 and 1997-98), butdid not graduate from the university. This grant program was established in recognition of thesacrifice of those students who remained at the University during these difficult years.
Phillips University can be contacted by: writing to P.O. Box 2127, Enid, OK 73702-2127; faxing(580) 548-2213; [email protected];ortelephoning(580)237-4433.PhillipsUniversity's website address is www.phillips.edu
Phillips University Alumni and Friends Association Organizes a Legacy Foundation
The Phillips University Alumni and Friends Association (PUAFA), a 501(c)(3) organization, whichserves as the collective voice of Phillips University's alumni and friends, recently organized thePhillips University Legacy Foundation (PULF). The Phillips University Legacy Foundation is a501(c)(3) organization that will be awarding: (1) undergraduate scholarships for studentsattending private colleges or universities affiliated with the Christian Church (Disciples of Christ);(2) scholarships for Christian Church (Disciples of Christ) college and university faculty memberswho are pursuing continuing professional education; and (3) undergraduate and graduatescholarships to former full-time Phillips University faculty and staff employed during the periodof September 1992 through August 1998. Ultimately, the Phillips University Legacy Foundationmay fulfill its educational mission through pursuit of additional educational activities asauthorized by its articles and bylaws.
The Phillips University Alumni and Friends Association can be contacted by: writing to ConnieCravens at P.O. Box 331, Enid, OK 73702-0331, or telephoning (580) 237-4433. The PhillipsUniversity Alumni and Friends Association's website address is www.puafa.org
The Phillips University Legacy Foundation can be contacted by: writing to Gene Challenner atp.o. Box 2127, Enid, OK 73702-2127, or telephoning (580) 237-4433.
IIE.t\lTIIY L11 [..)T) U:SlOR [OD;W'S L.AWYf R.
How to Live Longer and StillFeel Like a WarriorWhy One Lawyer Chooses MediationIf you really ask most parties they only want theircase completed fairly and are not concerned withthe method used to complete it.
INTRODUCTIONIn our earliest days at law school, we are trained as combaranrs. Rules of Evidenceare a weapon to "keep out" evidence, even information relevant to a dispute. Rulesof Procedure are reviewed every time a pleading is filed for the possibiliry of"striking" or "dismissing" the pleading or even the entire action. The uncertaintiesare bothersome co lawyer and client, to say the lease Add co that all the delays andyou, my friend, have a date with frustration. Imagine that your judge has cancelledyour trial for a third time, agreeing the surprised defendant is cmirled to furtherdiscovery, or that a criminal case bumps your civil maner, which is already in yearthree.
Trying [0 keep your c1iem informed, you couJd explain that the court system isoverburdened and under-funded, that judges often cannot afford to take the timeto discipline abusive lawyers, or that the imperfect civil justice system is still a goodalternative to duels or a good 01' Sevier County taiJ-kickin'. The truth is Isometimes think litigants might be better off with one of those quick resolutionswhen we consider the vat of stirred molasses we call the litigation process. AsPhillip McMath recently observed, the litigation process is, after all, only about"what you proved" and very linle about what is tfuth.
So within that context there is now a growing industry: mediation and "newwave" (translated "affordable") arbitration. Most cases could be resolved by one orthe other, and as time passes that will be the case in Arkansas. Logic and economicsdemand it, and when the public catches on, our clients will too.
WHAT IS MEDIATION?Simply put, this is an informal and non-adversarial process whereby a neutral
third person acts to encourage and Facilitate the resolution of a dispute withoutdictating what it should be. A good mediator probably can help reduce obstaclesto communication about the dispute, identify issues and even explore alternativeresolutions. The decision, of course, remains solely with the parries.
Who should access an alternative resolution? Obviously, criminal cases are notcandidates. A recalcitrant (Webster's definition: "to kick against anything")defendant does not seek a resolution and neither does the gun-slinging plaintiff.But if you reaUy ask most parries, they only want their case completed fairly, and
20 TI,e Arkansas lawyer IWNIsr1<bar.com
By Robert Trammell
Robert "Bob" Trammell hastried a variety of cases big andsmall, plaintiff and defendant,civil and criminal, over 21years. He successfully answeredthe "wake up call" of a seriousillness. His primary aspirationtoday is to be mayor of
fictitious Denny Valley, in Ferndale, Arbnsas,horse country. where all is in harmony bur thedemand for legal services flourishes.
are nor concerned with the method used (Q
complete ir. The late Randy Warner,formerly a respected litigaror-rurned chiefexecutive officer, once told a meeting ofdefense lawyers at Red Apple Inn that hewould gladly pay a fee premium to end alegal dispure early in rhe process.
NEGATIVES OF LITIGATIONThere are several factors militating
against the current litigation systempermitted by the courts, where a complainranswer is followed by the application ofoverdone procedures, which result inskirmishes, battles and finally the war.These are:
Cost in Time. Eighteen months ofpreparation and three days to three weeksaway from your home and work place is notarypical.
Cost in Petsonal Well Being. Thetension of carrying around a legalcontroversy through trial and appeal isharmful to the human systems of lawyerand client. Repeated hits of adrenaline inthe daily "fight Ot Aight" of litigation strainthe human machine. Is there any wonderlitigation is called a "young man's game?"
Cost in Dollars. If anybody reading thisarticle needs to be enlightened about thecost of prosecuting or defending any case to
conclusion, please drive your Mercedes overto my office for a reality check.
There Must Be a Winner and a Loser.By definition.
The Public Forum. Does the corporatedefendanr in an intellectual property lawsuitreally want the public to read the dailynewspaper's account of how it lost a case dueto the treatment of a Mother Teresa-typeplaintiff who came to the company with agreat idea?
ImpersonaJ. No one really feels goodleaving intimate marters like the welfare ofyour kids or your own future to a decision ofthe court system. No one says at the end ofthe day, "Man, am I glad Igor ro be alitigant!"
POSITIVES OF MEDIATIONCost in Time. Mediating a case would
substantially reduce the time ro completion.Cost in DoUars. Mediation is relatively
. .lIlexpenslve.
No Winners. No Losers. Mediationlimits the wounds of the adversarial processand provides emotional release. Theconfidenrial nature of mediation eliminatesor drastically reduces the risk of public
embarrassmenr and allows the parties (Q
thrash out issues. It eliminates the risk ofhaving in-courr commenrs quored later.Simply relling your side of the story, in anyfOfum, can be magical. A simple <'I'm sorry"can take the hurtful feelings andcombativeness our of the process.
PersonaJ. The parties involved fashion aresolution to their dispute. There can becooperation instead of antagonism.
MEDIATION IN ARKANSASThere may be 20-30 unregulated,
uncertified mediators statewide compared(Q the 6,500 certified mediators in Florida,the nation's leader in the area. While courtmandated mediation is ingrained inFlorida's civil and family law process,Arkansas has little regulation and nosratutory guidance for the mediationprocess. Anyone, regardless of training oreducation, can insrantly be a mediator inArkansas. In the future, mediators inArkansas wil1 have to be certified by way ofeducation combined with specific training.They will be regulated by a commission ofthe state or of the Supreme Court. Theywill have a Code of Conduct and a Code ofEthics.
One day, good lawyers will not only betrained in the classic litigation style wheresettlement is only thought about after alengthy war of artrition (meaning "wearingdown" or "grief from feelings of shame").They will know to do their case evaluationwith thoughts of how the controversy can beresolved. We have a duty as professionalsand humans to show the client how theymight avoid that vat of molasses. When thatday comes, lawyers will live longer and feelas good about ourselves as we might whenwe have been the consummate warrior.
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• Young L1v:yers Section Report
2001·2002AYear to Remember
ArkansasBar
Association104th
AnnualMeeting
June 12-15, 2002
ATTENTION YOUNGLAWYERS
(Lawyers under 35 oradmitted less than 5 years)
Plan to Grab a Bite in theExhibit Hall and Meet at 12:45p.m. in the Mercury Tower (3rdFloor) to elect SectionOfficers.
YOUNG LAWYERS &LAWYERS YOUNG
AT HEARTChill out with
Big Phil and the Chills.8:00 - ? in the
Arlington Hotel Lobby
bV Tim Cullen
Bridging the Gap, Law Week,
handbook revisions, literacy programs,
CLE sponsorship, disaster relief legal
serVices, and participation in bar
leadership and committees are just a few
of the programs and services YoungLawyers have provided this year.
But these programs and services don't
JUSt happen. They require valuable time
and energy from dedicated volunteer
young lawyers. As my term as chair winds
down, 1 want to take this moment to
salute the young lawyer volunteers that
made it all happen.First, Dustin McDaniel and Chris
Gardner rook our Association guides for
the public to a new level when they
teamed up to produce a Spanish language
version of the Consumer Law Handbook.
Next, Michelle Cauley has served to
keep the YLS In Brief running as a
valuable resource for young lawyers.
Elizabeth Smith is working diligently
with many other young lawyer volunteersand with members of the Arkansas
Association of Women Lawyers to put onthe best law week program in memory by
putting young lawyer volunteers in localclassrooms to teach a law-oriented
curriculum to ninth graders. ContactElizabeth or a member of her committee
if you want ro bring this project to your
local classrooms.
In addjtion to his duties as secretary
and treasurer of the Young Lawyers
Section, Mark Hodge has spearheaded a
tutoring program in Little Rock schools
where lawyers volunteer to help students
with their reading skills. Mark is one of
the many young lawyers who is quietlymaking a difference in his community.
David Johnson has led a team of
volunteers in revising the Statute ofLimications Handbook. Watch for ir this
summer, and thank David for all of his
work on this imporralH resource.
David Sterling is traveling the country
on behalfofArkansas young lawyers in his
position as district representative [0 theAmerican Bar Association. Thanks to
David for his energy and emhusiasm in
this important job.
Paul Dumas is organizing CLE for the
annual meeting ro train volunteers for
when disaster strikes and the Disaster
Relief Legal Assistance plan goes into
action. Please sign up and get trained so
you can help the bar respond when the
next namral disaster rumbles through our
State.
Cindy Thyee is preparing to cake the
reins at the annual meeting in June and
lead the Young Lawyers Seccion next year.I wish Cindy all the best as she continues
the important projects of the section and
embarks on new ones.The best part of being active in the
Young Lawyers Section is the chance to
interact with some of the best of young
lawyers (and some not-so-young la\'.'Yers,too) who choose to give of their time andenergy to the association and their
communities. Because of the hard work
and vision of past young lawyer leaders,like Price MarshaU, Baxter Sharp, SCOtt
Morgan, Gwen Hodge, and Scott
Zuerker, the section wiU always have a
firm foundation of quality service
projects. The challenge for the future is to
broaden our participation among
members, while refining our goals to
make a meaningful contribution to the
association and our local communities.
Vol. 37 No. 2/Spring 2002 TI,e Arkansas Lawyer 23
I 1[;\1.11 IY L.II rSTH.r:sroll. IO[)i\Y'~ LAWYER
When Good Stress TurnsBad
Recognition of what stress is and ways of preventingthe over-reaction to stress are important tomaintaining a healthy lifestyle.
The way our bodies respond ro stress is an age~old. deeply ingrained physiologicresponse that has been helpful for survival. We react co Stress whether it is a goodstress, such as bringing a newborn home from the hospi£aj, or bad stress, such asnot having the finances to make ends meet. Recognition of what stress is and waysof preventing the over-reaction co stress afC important ro maintaining a healthylifestyle. Ir is helpful ro learn how to use the stress response in a positive way insteadof Icning it use you in a negative way.
First, what is it that we are calling the stress reaction? In my mind the stressreaction is part of the autonomic nervous system. It is the "fight or Right" response.During times of stress your heartbeat and blood pressure usually increase. yourblood sugar rises and body hormones such as adrenaJin will surge. These physicalresponses have been very helpful in an evolutionary sense because they benefitedsurvival. Pre-historic humans might have been confronted by a mastodon or asaber-toothed tiger, and these were needed physical responses that would enablethem to fight the intruder or to flee the intruder. The physical reactions to theinternal physiologic changes helped to discharge the body changes and then werefollowed by relaxation. The "ahhh" momelH or sigh of relief is another way of
desctibing this.The stressors that are confronted today come in quite a different form. The
mastodon has been replaced by other "monsters" including perhaps the "paperworkmonster". We typically do not have the physical response to the stressor that wascommon in earlier rimes and thereby no easy way of discharging those bodychanges that build up. We don't always take rime to do the relaxing thar wouldnormally resolve such a problem.
The srressors in modern life thar are most prevalent are financial worries, overcommitting in job or sociaJ acriviries, marital problems, job performance, healthconcerns or changes in family composition. Any major life change, even rhepleasant ones, bring stress.
What are the indicators thar srress may be causing you problems? Some of thecommon ones are irritabiJity, moodiness, difficulty sleeping, difficuJry focusing andincreased muscle rension. Ir is possible to have any of these physical symptoms of
24 TI,e Arkansas law)'cr VMW ar\<bar.com
By Dr. Michael Hollomon
is Associate MedicaJ Director atOzark Guidance in Springdale.He earned his medical degreefrom the University of TexasMedical School 111 SanAntonio. He received graduaretraining at Duke Universityand Downstate University inNew York. Hollomon has had
extensive experience in general and emergencymedicine. He then re-specialized in psychiatrywhile completing a residency at SouthwesrernMedical School in Dallas, Texas, where he waschief resident.
illsur Provide for tire COIIIIIIOII defellse, prolllote tire gelleral Welfare,Yn"l""'l:--T'"I'-r-H
tates, ill order to foml a 1II0re perfect Ullioll, establislr lustice,
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Arkansas[OLTA
Foundation alld s berty to ourselves alld our posterity, do ordaill mId establislr tllis
rINTEREST ON LAWYERS' TRUST ACCOUNTS
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11 tllis COIIStitUtiOIl for ti,e Ullited States ofAlllerica. ·PREAMBLE
perfect Unioll, establislr lustice, illsure dOlllestic Tranquility,
alld secure ti,e Blessillgs of Liberty to ourselves alld our
re dOilies tic Trallquility, Provide for tire COIIIIIIOII defellse,
,prolllote the general Welfare, alld secure ti,e Blessillgs ofLiberty
do ordain and establislr tlris COIIStitlltiOIl for ti,e Ullited States of
CONSTITUTION ~,ePeople of ti,e Ullited States, ill order to
e tire People of tire Ullited States, ill order to fonll a 1II0re perfect
elleral Welfare, alld secllre ti,e Blessillgs ofLiberty to ollrselves alld
II tlris Constih,tioll for tire Ullited States ofAlllerica. ·PREAMBLE
or ti,e COIIIIIIOII defense, prolllote tire gelleral Welfare, alld seCllre ti,e
ill order to fonll a 1II0re perfect Ullioll,
establisll Illstice, illsure dOilies tic Tranqllility, Provide for tire
tates ofAmerica. ·PREAMBLETOTHE U.S. COOl"~:'\
elves alld our po
tates ofAlllerica. ·PREAMBLE TO THE U.S. CONSTITUTIO e ti,e
ill order to fonnfrAlli estat,;J;:!ticAsure
efor tire comlllOIl se,Vtil I AreAe
i:.:iiI~liiiiiiPi••~alldOllr posterity, do ordaill alld establislr tllis COllStitlltiOIl for tire
MBLETOTHEU.S.CONSTmmo ~,ePeople of tire Ullited
~~~~~~~~~~llnitedStates ofAmerica. ·PREAMBLE TO THE U.S. CONSTITUTIONti,e
ti,e BI
domes
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STATE IE JT
justiu by ftnding
programs that
targtt tht civil legal
nuds oflow-incomt
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mcouraging projtcts
that improvt the
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ofjustiu. Grant
prioritits are:
mission is to
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¥' For ugal aid
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Tht Foundation's
2001AnnualReport
2001-2002BOARD OFDIRECTORS
OFFICERS
Hon. Thomas RayPRESIDENTLittle Rock
Sherry P. BartleyVICE PRESIDENTLittle Rock
Anna ViaSECRETARYDardanelle
James D. GingerichTREASURERConway
DIRECTORS
Vandell Bland, Sr.West Helena
Jim JansenPocahontas
louis B. (Bucky) Jones, Jr.Fayetteville
larry KircherBald Knob
Freeman McKindraLittle Rock
Glenn NishimuraLittle Rock
James A. RossMonticello
LETTER FROM THE PRESIDE T
A ID EXECUTIVE DIRECTOR
Dear Colleagues,
The Arkansas IOLTA program traces its existence to 1984 when it wascreated by a Per Curiam Order of the Arkansas Supreme Court. UnderRule 1.15 of Arkansas' Rules of Professional Conduct, lawyers certifytheir compliance with proper trust account practices. This rule, whichprovides the guidelines for safekeeping the property of others, requiresall Arkansas lawyers who hold client trust funds that are short-term ornominal in nature to place these funds in pooled IOLTA accounts. Theinterest from IOLTA trust accounts is paid to the Foundation. TheFoundation then awards grants from these funds to programs that provide civil legal representation to poor Arkansans, for law school scholarships and for projects that aid in the administration of justice. In 2001 theFoundation awarded $800,000 in grants in these three categories.
Over 260 banks offer IOLTA accounts and most do so without chargingfees. This enables the Foundation to maximize the amount of funds thatare available for grants for law-related community activities. TheFoundation sincerely appreciates this support from the Arkansas banking community. A Bank Honor Roll appears on the last page of thisAnnual Report. Unlike past years, this year's Honor Roll is based oninterest paid only through August of 2001. This seems the only faircourse of action as most banks were paying interest of 2% or higherprior to the tragic events of September 11, but were unable to continue todo so due to economic events following that sad date. We urge Arkansaslawyers to thank their Arkansas bankers for supporting the IOLTA program.
Please take a few minutes to review this report--especially the casevignettes that exemplify the good work done by Arkansas lawyers. Weappreciate the positive response and leadership of the legal communityin Arkansas. With the efforts of each of you, real people with real legalproblems are able to access justice even though they are too poor to payfor civil legal services. Your work does make a difference daily in thelives of people who need legal help.
Carolyn WitherspoonLittle Rock
EX OFFICIO
Don HollingsworthExecutive DirectorArkansas Bar Association
STAFF
Susie PointerExecutive Director
Dawn WestAdministrative Assistant
Thomas RayPresident, 2001-2002
•Susie Pointer
Executive Director
•
W SCIHIOOL SCIHIOLAIRSHKPSIUNIVERSITY OF ARKANSAS SCHOOL OF LAW, FAymEVlllE
The following law students at the University of Arkansas School of Law, Fayetteville, received IOLTA scholarships for fall of2001 :
Kavin Burnell received the Arkansas Bankers Association IOLTA Scholarship. He is a graduate of Pine Bluff High School,and his mother, Ms. Loretta Burnett, resides in Pine Bluff. Mr. Burnett earned a degree in Political Science from the Universityof Arkansas at Pine Bluff in 2001.
Jessica Middleton received the Arkansas League of Savings Institutions IOLTA Scholarship. Ms. Middleton was raised inthe Delta of Northeast Arkansas, and her mother, Ms. Angie Middleton, resides in Blytheville. Ms. Middleton obtained herundergraduate degree in Journalism/Public Relations at Arkansas State University in 2000.
Johnnie l. Miller received the Arkansas Bar Association IOLTA Scholarship. She attended Marvell High School, and hermother, Ms. Mary Miller, resides in Marvell. Ms. Miller graduated with a B.S. from the University of Arkansas at Pine Bluff in1995 and obtained a Master of Public Health from Tulane School of Public Health and Tropical Medicine in 2000.
Ashley Mills is the recipient of the Walter R. Niblock IOLTA Foundation Scholarship. Her parents, Mr. Tony Mills and Ms.Vickie Mills, reside in Van Buren. Ms. Mills is a 2000 graduate of the University of Central Arkansas with a B.S. in Biology.
Recipients of Arkansas IOLTA Foundation Scholarships are Dawn Stidd and Caley B. Vo. Ms. Stidd received her undergraduate degree in Psychology from Southern Arkansas University in Magnolia. She is a long-time resident of EI Dorado. Ms.Va's father, Mr. Binh Va, resides in Rogers. Ms. Va is a 2001 graduate of the University of Arkansas with a B.A. in PoliticalScience.
UNIVERSITY OF ARKANSAS AT LITTLE ROCK SCHOOL OF LAW
The following law students at the University of Arkansas at Little Rock School of law received IOlTA scholarships for fall 2001:
David L. Jones received the Arkansas Bankers Association IOLTA Scholarship. He graduated from Bradley High School,and his father, Mr. Cecil H. Jones, Sr., still resides in Bradley. Mr. Jones is a 1999 graduate of lyon College where he earned aB.A. in Politics. He continues to reside in Batesville while attending law school.
Laura O'Bryan received the Arkansas League of Savings Institutions IOLTA Scholarship. She graduated from Little RockParkview Magnet School and is a 1999 Summa Cum laude graduate of the University of Central Arkansas with a B.A. (double major) in History and Spanish.
Leeland D. Jones received the Arkansas Bar Association IOLTA Scholarship. He was born in Little Rock, and his parents,Mr. and Mrs. Clifford D. Jones, Jr., reside there. Mr. Jones is a 2000 graduate of the University of Arkansas at Little Rock witha B.A. (double major) in History and Anthropology.
Mindy D. Loveday is the recipient of the Waller R. Niblock IOLTA Foundation Scholarship. She was born in Hot Springsand attended lakeside High School. Ms. Loveday is a 2001 Summa Cum laude graduate of the University of Central Arkansas,earning a B.B.A. in Accounting.
Recipients of Arkansas IOLTA Foundation Scholarships are Lori Burrows and Amy J. Dunn. Ms. Burrows was born in LittleRock and attended Bryant High School. She is a 1997 graduate of the University of Central Arkansas with a B.A. in SpeechCommunication. Ms. Dunn was born in little Rock and attended Southside High School in Fort Smith. She is a 1996 graduate of Hendrix College with a B.A. in Psychology.
UNIVERSITY OF ARKANSAS SCHOOLOF LAW - FAYETfEVlLLE
I wish tD txprtJS my apprrriallon fir tIN Arklf1lJ4JIOLTA FounJim'on srhtJkmhip thol / havr rtetil/td 41 thrUnivmlty ofA,ka1lSilS SrhDol ofLAw. &rlfuJt ofyour gmm/Slty. I will ht htrtcr IIblt to ronrrntrllU 0" tIN stu4y of!lfw. I wilJ not haw 10 worry IlJ murh aboul II /Ark ofmont] to pll] m, txpmsn whi/r hrrr.
111m a first ]tar law tllldnll. I hopt 10 join Ihr PublirInttmt /.Aw FtJundalion IlJ wtlJ as partiripau in thr /Aw(linlcs our KhooJ ojfcrJ. M, /Mlllrr lO'lh arr to pnuTiu inArkilnJllS lind poSSibly pursue a [,T'UJualt law tktrrt.
Thank you vrry muchjor your hrlp.
Sinctrt!y.Dawn Stidd
UNIVERSITY OF ARKANSAS AT UTILE ROCK SCHOOL OF LAWAs 11K IRw Snulml rhDsm tD rtrnw Ifn Arklf111JlS IOLTA Foun4aMn 5mDlttrsJ,ip fir lix 2()()()..2QOl arlUinnir7'ar,
I want tD txpms myFfltwk fir ]Our tmmJSiry. Your wilJinr.nm to sllppon!lfw SnulmfS in pUNult ofaJD IS a Intamnllto yourrommitmt1lt 10 justirt and lIN pursuit ofhighn rduration. 11 is a" ho"or to hallf! btl" rhou" from IImong my ptmto rrprnmt yourfOundation.
J would liltt to ulJ]Ou about my tarr" plans. as wrlJ as myM/f I am ont'",,/lyfrom Bryant., whrrr 1hvttluntil 1993.whm I brgan rollq,r at'M Un;wnity ofu"tral Arkansas in Conway. I r;radUilud Wit}, Q B.A. in Spt«h CommunicatIonin MIrJ of1997. For rwo ]tilrJ tlfin' puluation, III.'Orlt«1 with Ar!a/I,WlISfiw Drug Frrt Youth, a statrww fUm-profit drlltpmJtntion tlgtnry. AJttr Ittlllint ADFY. I II.'IIS fOrru""u 10 rrpmrnt thr U"iud Slatts as a Volun~rr 111 thr hart Corpt. srrvi"tin thi Ftdnaud Statts ofMimmnill.
M, _'* as tl youth dnKl6pmrnt IIOlu"urr thn-r J()fjJjfUd my inttrr1fS in mtrnumtJ""llInd IN"",n rilhlS dn.'tl6pmrnt.AJttr rDmpktinl 171'JD al lhi WilJillm H. BoWt1l &boolof/.Aw, I p!lfn tD rontln,", WtJ,*ing on khalfofpmcns lilling inrkwloping rounm"ts. Somr lifttimt drtlfms ofmint haw brm ro work with thr Umi«1 Nmions Dtvrlopmrnl Programmt lindwith Amnnl) Inttrmttio""l I truly tk tnj<r} publi( snvirr and IDok fOrward to ronti"uin: it as my lifrj _'* 4n4 ttlrr" rhoirr.
Thr thingJ in my hft I 1Id/,", most tJrr"" famIly, ""{nnuis lind IN firttiom tD t1Ip! thr man, opporrunitin thaI htl~'t
pmrnud thnnstlws in 171' lift. TIMnk lOU fir providin: Illlditio",,1 suppon 10 fNlp brint my tOllIs to fruition.
Sin(rrri}Lori BUm/WI
2001 rrOLTA JBA KHO JORROLLSince 199B, lhe Foundation has published a Bank Honor Roll based on average interest rates paid by each bank during that year. Due tothe tragic events of September 11 and the resulling decline in the economy, the 2001 Honor Roll is based on average interest rates paidby each bank through September. While interest rates declined immediately after September 11, the interest paid in September wasearned in August at interest rates prevailing then.
The Arkansas IOLTA Foundation gives special recognition and thanks to the following financial institutions (or paying an average interestrate of2.0% or higher AND waiving service charges on attorney lOl.TA accounts: _
Alliance Bank, Hot SpringsAmerican Stale Bank, JonesboroAmerican State Bank, OsceolaAmerican Slale Bank, ParagouldArkansas Slate Bank, Siloam SpringsArvest Central Bank &Trust, Little RockBancorpSouth, CamdenBank of AugustaBank of Oeljgh~ Nmda County, PrescottBank of Holly GroveBank of lake VillageBank of Uttle RodeBank of Mountain ViewBank of RogersBank of Star City
Citizens State Bank, Bald KnobCommercial National Bank, TeurUnaCommunity Bank, Filyettevil~
OKatur State BankDelta Trust, HamburgDiamond State Bank, MurfreesboroDiamond State Bank, NashvilleFarmers Bank, GreenwoodFarmers Bank, HamburgFarmers & Merchants Bank, StuttgartFidelity National Bank, West MemphisFirst Banle of Montgomery County, ML IdaFirst Community Bank. BatesvilleFirst Financial Bank, EI DoradoFirst National Bank, DeWitt
first National Bank, HopeFirst National Bank, McGeheeFirsl National Bank, MenaFirst National Bank, ParagouldFirst National Bank, WynneFirst Slale Bank, CrossettFirst State Bank, HuntsvilleFirst State Bank, WarrenforTest City BankHelena National BankHeritage Bank, JonesboroMadison Bank & Trust, KingstonMartedT"" BankMcGehee BankMerchants & ptanters Bank, Clarendon
Metropolitan National Bank, little RockNewport ~ral Savings BankOneBank, little RockPinnacle Bank, little RockPortland Bank, MonticelloSimmons First Bank, DumasSouthern State Bank, MalvernSummitt Bank, MalvernThe Capital Bank, little RockUnico Bank, ParagouldUnion Bank & Trust, MonticelloUnion Bank of MenaUnion Planters of Central Arkansas, ClintonWarren Bank &Trust
A special thank you to the following financial institutions for paying interest AND waiving service charges on attorney IOLTA accounts:_
Arkansas Diamond Bank, GlenwoodArkansas National Bank, BentonvilleBanCorpSouIh, AlmaBanCorpSouIh, Fl. SmilhBanCorpSouth, MagnoliaBanCorpSouth, MelboumeBanCorpSouth, StuttgartBank of Cave CityBank of DardanelleBank of Englan<lBank of Eureka SpringsBank of FayettevilleBank of HarrisburgBank of PocahontasBank of PrescottBank of SalemBank of the Ozarles, OzarkBank ofTrumannBank of WaldronBank of YellvilleChart Bank, PerryvilleCitizens ~nk, BatesvilleCitizens Bank, BoonevilleCitizens Bank &Trus~ Van BurenCleburne County Bank, Heber SpringsCommercial Bank &Trus~ MonticelloCommunity Bank of CabotCommunity First Bank, Eureka SpringsCommunity First Bank, HarrisonEudora BankFarmers Bank &Trus~ Blytheville
Filnners Bank &Trust, ClarksvilleFilnners Bank &Trust, Magnoliafi"t Arkansas Bank & Trus~ JacksonvilleFirst Arvest Bank, Siloam SpringsFirst Bank of South Arkansas, umdenFirst Community Banle, ConwayFirst Community Bank, lonesboroFirst Community Bank, PocahontasFirst Delta Bank, Marked TreeFirst Federal Bank of Arkansas, HarrisonFirst National Bank, AshdownFirst National Bank, BerryvilleFirsl National Bank, CrossellFirst National Bank, DeQueenFirst National Bank, El OoradoFirst National Bank, FL SmithFirst National Bank, HelenaFirst National Bank, ~riannaFirst National Bank, Mtn. HomeFirst National Bank, SpringdaleFirst National Bank of Eastern Arkansas,
forrest CityFirst National Bank of lilwrence County,
Walnut RidgeFirst National Bank of PuisFirst Security Bank, SearcyFirst Service Bank, ClintonFirst State Bank, ConwayFirst State Bank, lonokeFirst State Bank of OeQueenFirst Western Bank, Rogers
Firslar Bank, MorriltonFirstlr ~nk, North little Rod:G""" feny lake Bank, Heber SpringsHeartland Community Bani, CamdenHeber Springs State BankMalvern National ~nkMerchants & farmers, DumasMerchants & Planters, NewportMidSouth Bank, JonesboroNational Bank of Arkansas,
North lillie RockNational ~nk of Commerct,
Memphis, TNPeoples Bank, ParagouldPetit jean State ~nk
Piggott State BaniPine Bluff National BankPulaski Bank & Trust, little RockRegions Bank, BatesvilleRegions Bank, BentonRegions Bank, ClarksvilleRegions Bank, ClintonRegions Bank, ConwayRegions Ban~ EI DoradoRegions Bank, HarrisonRegions Bank, Hoi SpringsRegions ~nk, JonesboroRegions Bank, Little RockRegions Bank, Memphis, TNRegions Bank, MorriltonRegions Bank, Nashville
Regions Bank, OsceolaRegions Bank, RogersRegions Bank, RussellvilleRegions Banlc. SearcyRegions Bank, TexarkanaRiver Valley Bank, RussellvilleSimmons First Bank, JonesboroSimmons First Bank, lilke VillageSimmons first Bank, lincolnSimmons First ~nk, SearcySimmons First Bank of Arkansas,
RussellvilleSimmons First Bank of El DoradoSimmons First Bank of Northwest Arkansas,
SpringdaleSimmons first Natiooal Bank, Pine BluffSmackover Stale BankSouthBan~ ManilaSpringdale Bank &TrustSuperior Federal Bank, Fort SmithThe ~nk of jonesboroTrustBank, Min. HomeTwin City Bank, North little RockUnion Bank of BentonUnion Planters Bank, Forrest CityUnion Planters ~nk, MarshallUnion Planters Bank, OsceolaUnion Planters Bank, West MemphisUnion Planters Bank of Northeast Arkansas,
Jonesboro
Thank you to these other participating tOtTA banks for paying interest in 2001: _
BanCorpSouth. HopeBanCorpSouth, ToxananaBank of America, Stlouis, MOBank of Arkansas, Tulsa, OKBank of Bentonville
Bank of McCr<l<)'Chambers Bank, DanvilleCross County Bank, WynneDelta Trust & Bank, little RockElk Horn Bank &Trust, Arkadelphia
farmers & Merchants Bank, Prairie GroveFirst ArkartQs Valley Bank, DardanelleFirst National Bank, Ash Flatfirst National Bank, BlythevilleFirst National Bank, Rogers
Hibernia National Bank, New Orleans, LAMcilroy Bank &Trust, FayettevillePeoples Bank & Trus~ Min. Home
This listing is based on interest rates on active attorney lOlTA accounts as reported to the Foundation by individual banks in 2001.
headaches, elevated blood pressure orelevated blood sugars.
There are a number of mings that we cando co help prevent stress from overwhelmingus. First and foremoS[ we should look co the
physical, this tefers to the basic "how to takecare of yourselr. There is an old Spanishproverb thac states "a man tOO busy co takecare of himself is like a mechanic who is coobusy [0 take care of his rools". You have to
take cate of the basic machinery of the body.This includes getting a sufficient amount ofsleep. This also means managing yournutrition intake. It is important [0 eat in aconscious fashion. There are many differentdietary philosophies that ate available. Ifyoueat a healthy balanced djet in a consciousfashion, you will know what you are puttingin your body and eat in such a way mat youare actively caring for yourself I feel matthis will address many of these stress relatedconcerns. Obviously, you need to consultyour physician if you have specific healthproblems.
Exercise is also another very importantfaccor. Recalling the evolutionary response[0 stress, we all need that opporrunity to
exercise and improve our body functioning.A5 we build up stress going through daily
living, we need to find opportunities to
engage in vigorous exercise in whichbreathing is stimulated, muscle [One isimproved and hormonal changes can bedischarged. This also stimulates the body'sown endogenous opiate hormones whichoffer a soothing aspect. It is also goodcommon sense to manage your alcohol,caffeine and sugar imake. Caffeine. nicotineand sugar all have stimulatOry propertiesthat will only increase the body's stressreactions.
Getting suppOrt from friends and familyis also important. No one knows wharstressors are causing you the most concernunless you share these. Many professionalsfeel that the less they external ize the stressthe better they can handle it; however. theyare instead inrernalizing the stress whichonly further stimulates the stress response. Ifyou are able to share the difficulties that youare undergoing, you may find support andeven some different ways of managing thestress that have not occurred to you. Decidewhat is important ro you and make it apriority. Every individual has his own goals.These may be making the most money.writing the most articles. having the busiestptactice or having the best relationship with
your family. Whatever ir is make it
important and work for it.Self-talk remains as one of the primary
but unacknowledged ways that we giveourselves reinforcing messages. As you readthis, you might be saying to yourself, "That'sstupid. I never do that". Thar makes mypoint. One technique is to actually work onthe messages that we give ourselves so theyare positive. not negative, and certainly notcatastrophic. Prayer and meditation areother ways to quiet rhe soul and find peace.Deep breathing is a natural relaxationtechnique that is easily learned and can beeasily employed. This is not a narural thingfor adults but is more natural to babies. Itinvolves using the diaphragm, the areabeneath the chest rathet than the chest itself.When you use more abdominal muscles inyour breathing. more oxygen is taken in andthe blood is forced to go through the system
quicker so there is more oxygen to the brainand organs. It can relieve headaches.backaches, stomachaches. and sleeplessnessand helps release the endorphins into thesystem. Blood pressure can go down. whichis obviously good for the heart. It can helpwith emotional release. To practice deepbreathing, sit comfortably in loose clothing
•
1
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Vol. 37 No. 21Spring 2002 The Arkansas lawyer 25
and breathe through your nostrils usingyour lower abdomen to bring in the air andhold the breath to a coum of five and thenslowly let it out, doing this deep breathingfor rwo or more minutes. You can graduallylengthen the amount of time that youbreath, hold, and breath OUt, therebyincreasing your relaxation.
Properly managing your time can makeeven the most over-whelming "paperworkmonsters'" disappear. Often we get to theplace where things seem 5. of suchmagnitude that there is no way to completeall the tasks that we need to do. At thesetimes of life it is good to remember the oldadage about how one would eat an elephant.The answer is you would eat it one bite at atime. This means taking on manageabletasks and continue in a disciplined fashionto completion. The benefits of simplystarting the process can be very helpful.
Often we feel frozen in one spot andunable to take that first step. The first step isalways the most difficult and arrer that allyou have to do is take another step.
There have been studies indicating that,111 animals, JUSt making a physicalmovement or step in a fearful situationchanges the brain's chemical balance.
Making adequate use of leisure time isanother technique that is useful in reducingstress. When I talk about leisure time, itshould truly be time off when there are noresponsibilities other than relaxation. It doesnot help if you take work with you. This canbe a weekend away with a loved one. It canbe a simple evening away from work.Another useful exercise is, at the end of theday, choosing and describing one specialevent that has happened to you. It could bethe ted flush of a cardinal in flight Ot theway the douds look when the sun shinesthrough them. It can be an especiallyinsightful statement that you have made orsomething witty said. Remember, describingand sharing that event helps put more of apositive spin on a day that might not havebeen there before. If you do not havesomeone special that you can share thiswith, think about sharing it with someonethat should always be special, yourself. Thiscan be through a journal where you recordyour feelings to help you to remember thepositive pares of the day rather than JUSt thenegative.
Seeing trouble as opportunity is anotherway of handling Stress. There is a Chinesesymbol for a crisis, which also means
"opportunity". Sometimes the stress can bean opponunity fot growth if viewed fromthe right direC[ion. Always take the time to
look at the problem from many differentangles to see if there is some way that youcan benefit immediately or maybe morelong term.
There may be many times when stressgoes beyond the normal limics that you candeal with by yourself. Some of the dangetsigns that would indicate the need to seekprofessional help would be extremeemotional liability, increased startleresponse, recurrene intrusive thoughts.Tearfulness to the point of not being able to
control it, suicidal thoughts, abuse ofalcohol or drugs, being unable ro do normaldaily activities. Cognitive behavior therapyis one way that professionals can deal withthis withour urilizing medications. This is avery effective way of helping with abnormalthought patterns. Research indicates thatsuccessful cognitive therapy brings about thesame brain metabolism changes as successfulmedication therapy for anxiety disorders.There is a book written for me layperson oncognitive behavior therapy called FeelingGood - Th, N,w Mood T/urapy by Dt. DavidBurns. This book might be helpful for
From A to Xpert TestimonyChoose to earn your CLE credit from among the more than 40hours approved for this year's Annual Meeting in the fields of:
people with mood problems or anxietyproblems.
There are sometimes instances when youor someone you love are in perceived dangerof serious injury or loss of life. Theseepisodes sometimes precipitate a conditioncalled post-traumatic stress disorder(PTSD).
Professionals can be at increased risk forchis as chey deal wich unstable clients. Earlytreatment can help shonen long-termincidents.
In summation, Stress is a normal part ofour lives that we will all have to deal withfrom time to time. The nature of stress haschanged over time and has become more ofan internal rather than an externalmechanism. Therefore, it is important to tryto take care of things in a more active waythan what might be expected. It has beenshown if you can change the way you thinkyou can change the way you feel. One of theways that the Navajo have of opening a dayis a sunrise prayer, which they direct to thefour geographic directions. They then say asimple morning prayer, "Today 1 will livewell". This is a positive affirmation of life. Itis also a way of living in the moment, oftiling each day as a gift, as a chance to
recreate all chat is bright and wonderfulabout this gift that has been given alJ of us.I encourage you to take this to heart and tryto live each day well because we have nopromise of another day and no way ofchanging what is past.
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Sustaining Members of the Arkansas Bar Association for 200 I
Charles Greg Alagood James E. Crouch Curtis E. Hogue Richard N. Moore Jr. J. L Shaver. Jr.H. William Allen F. Thomas Curry Alice L Holcomb Rosalind M. Mouser James Marlon Simpson. Jr.Overton S. Anderson James D. Cypert W. R. Holland William Kirby Mouser H. Edward SkinnerPhilip S. Anderson Thomas A. Daily Cyril Hollingsworth Charlorte B. Murphy Ted C. SkokosKeimArman John A. Davis III Don Hollingsworth Ralph C. Murray Douglas O. Smim Jr.Ben F. Arnold T. Martin Davis Ron A. Hope Tunomy J. Myers Laura H. SmimLaura Archley Robert T. Dawson Robert E. Hornberger E. Sheffield Nelson Robert D. Smim IIIKennem B. Bairn J. C. Deacon Eugene Hunt George H. Niblock David SolomonBarry D. Barber Jack W Dickerson Annabelle Clinton Imber Raymond L Niblock James D. SprorrW. Chriscopher Barrier Michelle H. Dillard Michael E. Irwin Johnny L Nichols Thomas S. StoneAnmony W Barrels Philip E. Dixon AJston Jennings R. Gary Nurter John F. Scroud Jr.Sherry P. Banley Darrell D. Dover Alston Jennings Jr. Debby Therford Nye William H. SurrollR. T. Beard III Winslow Drummond Bradley D. Jesson Bobby Lee adorn Rex M. TerryPaul B. Benham III Davis Dury Glenn W Jones Jr. Conrad T. adorn William L TerryEvans Bemon B. Michael Easley Louis B. Jones Jr. Hugh R. Overholr Robert F. ThompsonDonald E. Bishop John D. Eldridge Robert L Jones III Charles C. Owen Danny ThrailkillJames B. Blair Don R. ElliOrt Jr. Philip E. Kaplan Charles R. Padgham John R. TisdaleC. Tad Bohannon George D. Ellis William H. Kennedy III Nicholas H. Parton Fred S. UrseryTed Boswell John R. Elrod Charles M. Kester Richard L Peel James R. Van DoverWilliam H. Bowen Srephen Engscrom Judson C. Kidd B. Jeffery Pence David B. VandergriffRobert B. Branch Mike Everett Warren O. Kimbrough Edward M. Penick John C. WadeDebbie D. Branson Oscar Fendler Mike Kinard Donna C. Petrus Wyman R. Wade Jr.William C. Brazil Viccor A. Fleming Perer G. Kumpe E. Lamar Perrus Bill H. WalmsleyWilliam C. Bridgform Jim Par Flowers David N. Laser John V. Phelps Bill Walrers
Fred E. Briner John A. Fogleman Sam Laser orwood Phillips G. Chris Walmall
Jeff Broadwater Robert M. Ford John T. Lavey John B. Plegge John D. WarsonEdward W. Brockman Jr. Kay West Forrest Ike Allen Laws Jr. Frank A. Poff Jr. Timomy F. Warson Sr.
John A. Buckley Jr. G. Spence Fricke Stanley A. Leasure David M. Powell Bud B. Whetstone
William B. BuergJer Lance B. Garner Robert O. Levi William I. Prewert David H. Williams
Richard K. Burke Pamela B. Gibson John G. Lile III Thomas B. Pryor Robert H. \V"illiarns
Julie M. Cabe Sam E. Gibson D. Price Marshall Jr. Donald C. Pullen W Jack Williams Jr.
Robert D. Cabe W Dent Girchel William A. Martin Janer L Pulliam J. Gaston Williamson
John C. Calhoun Jr. Roger A. Glasgow David R. Marthc\vs John I. Purtle Mike Wilson
Jerry L Canfield David M. Glover Gail Marthc\vs Louis L Ramsay Jr. Willian, R. Wdson Jr.
Douglas M. Carson Ray A. Goodwin Srephen A. MarmC\VS Richard L Ramsay Teresa M. WinelandDaniel R. Carter Albert Graves Sr. Ronald A. May Brian H. R.1tcliff Carolyn B. Wimerspoon,Robert M. Cearley Jr. John C. Gregg S. Hubert Mayes Jr. Gordon S. Ramer Jr. Tom D. Womack
Jack S. Cherry Jr. Ronald L Griggs Herbert H. McAdams 11 Thomas Ray Marsha C. Woodruff
Sandra Wilson Cherry David K. Gunn Edwin N. McClure Elron A. Rieves III Henry Woods
William M. Clark Jr. Michael E. Hale Bobby McDaniel Charles B. Roscopf Robert R. Wrighr 111
H. Murray Claycomb Donis B. Hamilton James H. McKenzie Charles D. Roscopf Damon Young
John R. Clayton Frank S. Hamlin Toney D. McMillan Kent J. Rubens Paul B. Young
Ralph M. Cinar Jr. David M. Hargis JackA. Mc ulry John L Rush Robert E. Young
Randy Coleman David K. Harp Russ Meeks Donald S. Ryan
Robert C. Compton Kennem A. Harper H. Maurice Mirchell Charles L Schlumberger
Barry E. Coplin Ron D. Harrison Michael W. Mirchell Don M. Schnipper
Ben Core Dave Wisdom Harrod Sandra B. Moll Isaac A. Scort Jr.
Nate CouJcer Richard F. Harfield Margarer E.W Molleston John S. Selig
Steve R. Crane William D. Haughr T. Ark Monroe Frank B. Sewall
Hugh E. Crisp Brad L Hendricks James M. Moody Dennis L Shackleford
Michael A. Crockett Sam T. Heuer Harry Truman Moore Stephen M. Sharum
Vol. 37 No. 21Spring 2002 TI,e Arbnsas La"Yer 29
Cli Cl I U I CI I Cl I CLI (I I (I I (II
Arkansas Bar AssociationCLE Calendar
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THE ARKANSAS BAR
AsSOClATIO
A TRADITION OF
PROFESSIO ALISM A D PUBLIC
SERYlCE
May 2002
May 16-186TH ANNUAL JOINT ENVIRONMENTAL
LAw CONFERENCE
Inn of the Ozarks,Eureka Springs, AR
lune 2002
June 12-15ANNUAL MEETING
Arlingcon Horel,Hot Springs, AR
June 24-28BEST OF CLE
UALR Bowen School of Law,Little Rock, AR
September 2002
September 20SECURITIES LAw
Little Rock, AR
October 2002
October 4TORT LAw
Little Rock, AR
Ocrober 24C A
Clarion Inn,Fayetteville, AR
October 2002
Ocrober 25FALL LEGAL INSTITUTE
Clarion Inn,Fayetteville, AR
November 2002
ovember 7-9BRIOGING THE GAP
Little Rock, AR
November 224TH ANNUAL
GOVERNMENT PRAcnCE INSTITIITE
Lirtle Rock, AR
December 2002
December 6FEDERAL PRACTICE INSDTUTE
Little Rock, AR
Seminars scheduled forMay appear on the
Arkansas Bar Association web site,www.a.rkbar.com
(50 I) 375-4606(800) 609-5668
30 The Ark.nsas Lawyer WMV ar1<lJarcom
For more infonnatioD. contact Virginia Hardgrave, Arkansas Bar Association, 800-6095668,501-375-3957, yhan!&[email protected] OR CHECK OUT THE CLE PAGE at
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ELECTRICAL ACCIDENTS
Paul D. Mixon, PhD., P.E.Engineering Consultant
P.O. Box 3338State University, AR 7467
(870) 972-2088 (870) 972-3948 [email protected]
Electrical Accident Investigation and Analysis,Contact Cases and Electrocutions, Electrical Injuries,Property and Equipment Damage, Electrical Fires,Safety Codes (NEC, NESC, ill), Expert Witnessing forPlaintiff and Defense Related Cases.
Vol. 37 No. 21Spring 2002 The Arkansas la'ryer 31
Judicial Advisory Opinions
February 21, 2002
William W. BemonF. Wilson Bynum, jr.james L. Williams, IIjames L. Hall
RE: Advisory Opinion # 2002-03
Gentlemen:
This committee has been asked whether ajudicial candidate for Circuit Judge maydescribe himself in his campaign materials,advertisements and publjc statemenrs as"judge". when he has served for the past sixyears as a parr time city judge. The positionof city judge is an appointive. rather thanelective position.
The Code of judicial Conduct views acity judge as a Continuing Parr-time Judge.who is required to comply with mostprovisions of the Code. See AppLicationSection (B). The Code bars a judicialcandjd3rc from knowingly misrepresenting"the idemiry. qualifications, presem positionor other faCtS concerning the candidate or anopponent." Canon 5(A)(3)(d)(iii).Regardless of whether the candidate isappointed or elected. fuJI time or parr time,he is a judge. Accordingly, we condude matthe Code does nor bar him from describinghimself as a "City judge" or a "judge" in thecampaign. The term does not misrepresenthis present position. It does nor suggest he isan incumbent; it does nOt urge his reelection.
We are aware of Ark. Code Ann. 7-7-305which states mat a person may use me preftx"judge" in an election for a judgeship only ifthe person is currently serving in a judicialposition to which the person has beenelected. However, that statute prescribes thename that will be used on the election ballot.The st3[ure does not purport to concrolcampaign advertising by judicial candidates.
We understand the potential electivedisadvantage to other judicial candidateswho may have been judges in the past,perhaps even to elective positions. Butbecause they are nOt presently serving as ajudge. the Code bars them from calling
32 The Arkansas Lm'Yer WMN 00<bar ron
themselves "judge." However, the Codepermits them to list their prior positions andtheir qualiftcations.
The Supreme Court could amend thelanguage of the Code or the comments to it.Likewise, the Supreme Court could provideconsistency by amending the Codeprovisions on campaign advertising to
correspond to the statute on ballot names.But it has not yet done so.
As we have stated in prior opinions, ourtask is not to rewrite the Code, but to
interpret its clear language. We concludethat under the language of the Code it is notmisleading for a city judge to describehimself or herself as "judge" in his campaignadvertising.
February 21. 2002
Carla D. Fuller, Esq.RE: Advisory Opinion # 2002-02
Dear Ms. Fuller:
You stated in your request for an AdvisoryOpinion dated january 15. 2002 that youwere an announced candidate for Circuitjudge. You stated that "Pursuant to Act1789" of an undisclosed year [which weinterpret to be Arkansas Code Annotated 710-103(c)-Alternative Ballot Access) youwould achieve having your name placed onthe ballot by petition of registered voters.You asked, "whether it would violate Canon5 of the Arkansas Code of judicial Conductfor me to personally solicit signatures for thispetition."
Canon 5C2 states: "(2) A candidate shall
not personally solicit or accept campaigncomributions or personally solicit publiclystated support. Your asking persons on anindividual basis and not as a group such asan social gathering, assembly, club or anyother organization, whether organizedformally or otherwise, to sign your petitiondoes not constitute soliciting publicly statedsupport. The key is approaching people onan individual basis to ask them to sign thepetition.
Reference to our Advisory Opinion No.95-04 mjght be helpful ro you.
March 15, 2002
The Arkansas judicial Ethics AdvisoryCommirree issued an advisory opinion toDoug Norwood, of Rogers, Arkansas,Special judge for Centerton Ciry Court. Herequested the opinion on behalf of a numberof special judges in the atea. judgeNorwood, and the other attorneys areserving as part-time judges in the absence ofjudge Rodney Owens. since judge Owenshas volumarily recused from hearing cases,pending the outcome of his trial on felonycharges. The attorneys are concerned thatthey may have a conflict based on judicialEthics Advisory Opinion No. 98-02.The opinion states that while theCommittee recognizes the exigency of thecircumstances outlined in Judge orwood'sletter. they find nothing in the Code ofjudicial Conduct or relevam case lawdistinguishing continuing pan-time judgesfrom part-time judges serving temporarily,albeit indefinitely. Nor do they believe theappearance of impropriety may be CUted byw3..lver.
The Committee referred to AdvisoryOpinion o. 98-02 which notes that theconcurrent practice of law and judicialservice are prohibited under Canon 4G, butthat exception is made for continuing parttime judges under Section B of theApplication section of the Code. TheCommittee pointed Out mat while the CodestOpS short of an outright ban on thepractice of law by part-time judges, dearlyrestraint and caution are called for. In thatcontext, the Committee cited Canon 2 andconcluded:
[Aln individual who accepts theposition of a continuing part-timejudge places the judicial office firstin service and priority, and certainrestrictions must follow. It is, theCommittee believes, self evident
that a municipal judge who isengaged in an adversarial role
opposing a prosecuting attorney ina criminal case brought by the Stateand who presid over proceedingsinvolving that same prosecutingattorney is in an unrenableposition, however principled thatindividual may be. Acting as both
ludici:J! Adviso~y Opinions
judge and jury, rhe municipaljudge has significant discretion indealing with the prosecutinganomey.
DON'TBE LEFT OUT!www.arkansasfindaJa.!).Cr.com
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To oppose that same anomer inanother matter creates anappearance of impropriery. TheCommittee concludes, as have amajority of other jurisdictions.that license must yield to ethic,where, in the perception ofreasonable minds, the ability ofmunicipal judges to carry outtheir responsibilities withinrcgriry, competence andimpartiality could be impaired. Itfollows that the initialresponsibilicy rests on themunicipal judge to decline thepersonal representation of acriminal defendant in any circuitwithin which the prosecutingattorney has jurisdiction.
February 22, 2002
The Arkansas judicial Ethics AdvisoryCommicrce issued an advisory opinion toCircuit judge candidate j. Leon johnson ofLittle Rock. He requested an opinion as towhether a candidare for Circuit Judge can siras a Star Panelist at the United NegroCollege Fund Annual Telethon (UNCF).The UNCF telethon requires each panelistto call upon its friends and associates andask that they make a pledge or donation to
the UNCE It is nor a politicaJ event and hewould not be identified as a candidate forCircuit Judge. and there would be nosolicitation of voting by the UNCE
The opinion states that Mr. Johnson isnot prohibired under the Code fromparriciparing in the evem. The fund-raisingactivities he described are expresslydisallowed under Canon 4C3(b)(iv);however, Canon 4 applies to judges ratherthan judicial candidates. Judicial candidatesare covered under Canon 5, which containsno similar restriction.
F. G. Bridges (I 866-1959)
Frank G. Bridges, Jr. (1906-1973)
Paul B. Young
Stephen A. Matthews
Ted N. Drake
Joseph A. Strode
Jack A. McNulty
Terry F. Wynne
315 East Eighth Ave.P.O. Box 7808
Pine Bluff, AR 71611870-534-5532
www.bridgesplc.com
James L. Moore. III
Michael J. Dennis
David L. Sims
R. Scott Morgan
Jefftey H. Dixon
Cary E. Young
James C. Moser, Jr.
John P. Talbot
Cathetine C. Lewis
Vol. 37 No. 21Spring 2002 TI,e Arkansas Lawyer 33
Lawyer Disciplinary Actions
The lAwyer Disciplinary Action Summariesare written aruJ provided by the SupremeCourt of Arkansas' Committee onProfessional Conduct. The completeopilliom since July 27, 2001 are availableon tbe Inunlet at:http://courts.state. flr. mlcourts/cpc_decisiolls
.html. Full-text paper copi" ofall attorneydisciplinary decisions are availablefrom theOffice of the Ckrk of the Courts, JusticeBuiUJillg, 625 Marshall Street, Littk Rock,72201, at a fcc of50 cmts per page.
Benton, Arkansas, epe o. 2001-040.The complaint from Special ProsecutingAttorney Lona McCasdain alleged attorneyrepresented William Hill in a DWl case inBryant Municipal Court. After a "nocontest" plea. Hill had Baxter file a noticeof appeal and the proceedings were certifiedfor filing in circuit court. The record wasfiled three days toO late in circuit court. andthe prosecuting attorney's office successfullymoved to have the appeal dismissed asbeing untimely filed. Reprimand ovember13,2001, for violating Model Rule 1.3.
J. D. Moon, an attorney. and his counselSteven Jackson. complained thatrespondent auorney agreed to collectdelinquent accounts of Moon on acontingency fee arrangement bm neverreduced the fee agreemenr to writing. as shesaid she would. They claim attorney did notprovide status reports, return files orprovide a full accounting of funds collected,as requested by the clienr and later by hiscounsel. Attorney dispUted many of theassertions of complainants. ReprimandFebruary 19, 2002, for violaring ModelRules 1.4(a), 1.5(c), 1.15(b), and 1.16(d).
SUSPENSION:
RANDALL WAYNE DIXON, Bar No.83052, Dardanelle, Arkansas, epe No.2001-147, was placed on immediateinterim suspension by Committee Orderfiled December 28, 200 I, on allegations ofserious misconduct involving alleged tiilureto properly represenr clients, failure toappear in coun, failure to communicate asenlemenr offer, and multiple violations ofprovisions relating to his attorney trustaccount and accounting for client funds.Model Rules implicated are: 1.1, 1.2(a),1.3, 1.4(a), 1.4(b), 1.15(a), 3.4(c), 8.4(a),8.4(b), and 8.4(d).
JAN ROSE CROMWELL, Bar o.75024, Fort Smith, Arkansas, epe o.2001-095. Judge Jim Spears filed acomplaint alleging anorney failed ro appearfor a scheduled court hearing, and thenoffered an unusual explanation for herabsence when brought to court later by hisbailiff.
Attorney responded that she must havebeen confused due to lack of sleep from casepreparation when she gave her explanationto the court, and she apologized to thecourt and the Comminee.
Her conduct was found to have beenprejudicial to the admininracion of justiceby causing delay in the resolution of hercourt matter. Reprimand February 25,2002, for violating Model Rules 1.3 and8.4(d). Attorney's concurrent petition forvoluntary transfer to inactive stams wasapproved by the Committee.
DONNY GENE GlLLESPIE, Bar No.61010, EI Dorado, Arkansas, epe No.2001-080.
According to a Per Curiam of May 10,2001, attorney was counsel of record forDennis Burnett on a criminal appeal. Thenotice of appeal was timely filed, butattorney failed to perfect the appeal bybringing up the remainder of the recordnecessary for the appeal, even after beingdirected to by the Cout(. Attorney failed to
get an extension of time to file the recordbeyond the initial ninety (90) day limit,failed to file a motion for belated appeal asdirected by the Court, and caused delay inthe orderly processing of his client's appeal.Attorney failed to respond to theCommirree's complaint. ReprimandJanuary 16, 2002, for violating ModelRules 1.3, 3.4(c), and 8.4(d).
REPRIMAND:
Accountant/Economic Analysis
Court-Appointed. Regular Court Appearances
ANN C. DONOVAN, Bar No. 78043,JIMMY RAY BAXTER, Bar No. 78012, Fayetteville, Arkansas, epe No. 2001-057.
11510 Fairview Road, Suite 100Little Rock, AR 72212-2445
Phone: (501) 221-9900Fax: (501) 221-9292
email: [email protected]
• Business Valuations
• Personal Injury Damage Analysis
• Divorce (Property & Child Support Issues)
Richard L. Schwartz
Certified Public AccountantCertified Business AppraiserCertified Fraud Examiner
M. JOE GRIDER. Bar No. 96109,PocahOntas, Arkansas, epe No. 2001-020.
The complaint arose from informationmade available from criminal matters infederal coun in United State v. George" iek" Wilson et al. in 2000. Mr. Griderwas a new attOrney, practicing with hisfather, and paid with public funds forwork allegedly done for the srate childsupport enforcement agency. He wascharged with conspiracy to commit mailfraud in the criminal case, but reached apre-trial diversion agreement by which allcharges wete dropped, he testified, and hebecame liable for an amount of lossattributable to his actions in the matter.Attorney responded that he prepa.red
L.. ....J billing statements on instructions from
34 TI,e Arkansas Lawycr WNNaMJar.com
Lawyer Disciplinary Actions
Available at www.lawcatalog.com and 1-800-537-2128 x9300
On Trial:Lessons from a lifetime in the cow·o·oomby Henry G. Miller
his father. Attorney offered to consent to
discipline, admitted his conduce insubmitting false time sheets to the Office ofChild Suppore Enforcement violared ModelRule 8.4(c) and accepted a Reptimand withtwenty-four (24) months probation, whichOrder was filed November I, 200 I.
JAMES PROCTOR MASSIE, Bar No.75084, Little Rock, CPC No. 2001-082. Acomplaint from Circuit Judge John Pleggealleged arrorney failed to appear for ascheduled jury rrial in June 2001 in acriminal case. Anomer consemed todiscipline. and accepred a Reprimand filedFebruary 25, 2002, for violaring ModelRule 8.4(d). Attorney's concurrent petitionfor voluntary transfer to inactive status wasapproved by the Commircee.
OSCAR STILLEY, Bar No. 91096, ForeSmith, Arkansas, CPC No. 2001-060. APer Curiam issued March 22, 2001, referredthis matter to the Comminee, onallegations attorney had proceeded in acertain civil appeal (Hubbs) after a decision,
in another of his appeals (Henson), of thesame court four months before on the sameeype suit against his position, a frivolousposition to take. Anomer responded matthe court had still not answered the centralquestion he raised in the second suit.Reprimand November 13, 2001, forviolating Model Rules 3.1, 3.4(c) and8.4(d).
CAUTION:
MARQUIS E. JONES, Bar No. 74089,Little Rock, Arkansas, CPC No. 2001-113.
The complaint of Courtney Wallsalleged attorney filed a petition for probateadministration with will annexed on behalfof an illegitimate daughter of complainant'sfather. Compla.inant later filed [0 probate awill that did not acknowledge theillegitimate daughter or provide for her.Attorney failed to file a required inventoryin his probate proceeding and failed torespond to discovery requests in theproceeding filed by complainant. The courtlater admitted the second will, finding itrevoked the one filed by attorney. Theattorney thereafter allegedly filed pleadings
not provided for by law and engaged infrivolous tactics designed [0 cause delay inthe probate proceedings.
Attorney is alleged ro have failed toproperly and timely comply with courtorders regarding accounting for reoc fundshe received from estate property. Anorneydisputed the allegations, and asserted hevigorously represented his client. TheCommittee found anorney filed moeionsand asserted positions with no basis in lawfor support; that his tactics were dilatoryand designed to unnecessarily frustrate theopposing party; that he disobeyed a COUf[
order by failing to timely deposit estatefunds in the court registry; that he failed to
timely respond [0 discovery; and that hisconduct caused unnecessary delay to theadministration of justice. ReprimandFebruary 27, 2002, for violating ModelRules 3.1, 3.2, 3.4(c), 3.4(d), and 8.4(d).
PATTY ANN LUEKEN, Bar No. 89161,Little Rock, Arkansas, CPC No. 2001-019.Attorney advertised brieRy on her law firmwebsite that she was "the only boardcertified family law specialist in the state ofArkansas," and "1998 - Certification inFamily Law (only Board Certified FamilyLaw Specialist in the state of Arkansas."Attorney is certified in family law by theNarional Board of Trial Advocacy, butArkansas does not recognize a famjJy lawspecialization under the current ArkansasPlan of Specialization. Caution January 16,2002, for violating Model Rule 7.4(c).
REGINALD SHElJDN MCCULWUGH,Bar No. 85102, Little Rock, CPC No.
-
2001-073.A Per Curiam order of July 9, 2001,
granted a motion for rule on the clerk forMark Latta, attorney's client, for whomattorney admitted responsibility for failingto timely file one of two criminal appeals.Attorney accepted responsibility before theComminee. Caurion January 25, 2001, forviolating Model Rules 1.3 and 8.4(d).
KIRBY RIFFEL, Bar No. 71 065,Pocahontas, Arkansas. CPC No. 2001-002.In late 1999 complainant Harvey Beasleydiscussed wi th attorney possiblerepresentation on an appeal from circuitcourt of a DWl-2 jury conviction. A sum ofmoney, characterized either as a fee or as aretainer for anorney to review the rue andtranscript to see if representation would beundertaken, was paid, the transcriptordered and reviewed by the attorney.Notice of appeal was filed by the originaltrial counsel in the circuit court, notrespondent attorney. Respondent attorneyeventuaIly decided not to handle the appeal,but did not return the transcript and notifyMr. Beasley of this decision not to acceptemployment until several days after thetime for lodging the record in the appellatecourt had expired. Attorney asserted he hadno responsibility, as he never was counsel ofrecord. Caution December 27, 200 I, forviolating Model Rule 8.4(d).
STUART CARL VESS, Bar No. 73124,North Little Rock, Arkansas, CPC No.2001-078. A Per Curiam issued Ocrober 4,200 I, stated attorney filed a timely noticeofappeal for his criminal client but failed to
Vol. 37 No. 21Spring 2002 The Arkansas L3I')'er 35
Lawyer Disciplinary Actions
perfect the appeal. Attorney responded bystating his c1iem was incUgenr. could nor payfor the transcript, and char the transcriptwas prepared once the diem was foundindigent. However, 3cwrney was notnotified by the clerk that the record wascomplete until the filing deadline hadpassed. The court directed atrorney to getthe record filed. Attorney admitted to theCommince if was his responsibiliry, ascounsel of record, ro get the record timelylodged. Caurion Februaty 27, 2002, forviolaring Model Rules 1.3, 3.2, 3.4(c), and8.4(d).
DANIEL E. WREN, Bar No. 90096, LittleRock. CPC No. 200 I-I 16. A complaint byPhillip Wilson alleged attorney sent asolicitation letter [Q a workers'compensation cl.iem of Wilson, indicatingthe recipienr received the lener because thefirm sent them "co nearly all persons whohave recem open Workers' Compensationclaims. The Comminee found the lenerfailed co properly disclose how the attorneyobtained the information that the recipienthad a case at me Workers' CompensationCommission. Cauejon February 25. 2002.for violating Model Rule7.3(d).
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www.sosweb.state.ar.us© 2001, Information Network of Arkansas. www.accessArkansas.org
PROTECTING YOUR PERSONAL RELATIONSHIPSBy Standish McCleary
Reprinted by permission of the American Bar Associarion from GP Solo, July/August 200 I, Volume 18, Number 5
When she stopped crying. she explained
that she was acruaJly very touched and
pleased co have her husband finally listenand show some understanding. He replied
chat he chought he always had understood
her, at least intellectually. and that perhaps
they expressed their feelings of
understanding and caring differendy.Indeed, they did have different
communication styles. and they struggled to
reach each other despite their many
differences. not the least of which were
gender and profession. He was a lawyer. and
she was not. Neither was crazy or wrong,
bur bom were handicapped by their stylistic
constraints and hun by misunderstood
intentions. They were ultimately able to
accept these differences. make adjustmentswithout taking or casting inappropriate
blame, and create a satisfying, closerelationship. It could just as easily have
ended quite sadly.Achieving closeness with Others is nOt
only a wonderful aspect of life's richness, it
also provides relief from excessive stress andburnout. Lawyers, however, can unwittingly
undermine close relationships if they bring
home with them an adversarial turn of
mind, especially the desire to dominate
information and never acknowledge error or
uncertainty.
Our intellectual, focused, hard-driving,
emotionally distam work style can be
counterproductive and even resented at
home or in a significant relationship. We
ratchet ourselves down to stay on task and
meet our responsibilities, and we are taught
to keep our minds unclouded by emotion inorder to do our jobs. Such emotional
distance can become excessive, even
destructive, far more easily than we realize.
38 TI,e Arkansas Lawyer WM'V.arl<barcom
Making the transition between work and
home can be an interesting proposition. We
are certainly prepared to analyze, sort our,
and give the benefit of our analysis to
whatever problem we see presemed for
solution. Bur suppose our significant other
is more interested in first talking about
feelings, being understood emotionally, or
having some unconditional empathy and
support. Can we discern the difference? Are
we willing ro do it and restrain our urge to
assess, solve, advise, and conclude? If we
wish to respond empachetica1ly and talk
about our own feelings, are we able to do it
appropriately? If we are part of the issue, can
we get past feeling defensive and launching
a poinr-by-point defense?I recall, many years ago in marital merapy
with my (rhen and present) wife, insisring
that my poim of view was much morereasonable and valid than hers. It didn't
seem to me to be simply a matter of my
feelings; I insisted mar any 12 people ofT thestreet would agree with me, as if that should
somehow settle it. I wanted objective
validation for my views. Things improvedgreacly only when I realized that I didn't live
with any of my imagined juries and judges,
and, thus, they really didn't matter.
How can we learn to leave our
intellectual, emotionally distant professional
style in the office? How can we exchange our
highly focused, if not rigid, work style for
one suitable for communicating with the
people we love?
life Is Not a Cross-ExaminationSuppose you have spent the better part of
a hypothecical day dealing with an
Continued on Page 46
Achieving closeness with
others is not only a
wonderful aspect of life s
richness, it also provides
relief from excessive
stress and burnout.
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PUBLIC NOTICEAPPOINTMENT OF U.S. BANKRUPTCY JUDGE
The United States Court of Appeals for the Eighth Circuit seeks applications from all highlyqualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for theEastern and Western Districts of Arkansas. The position is headquartered in Fayetteville,Arkansas.
The vacancy will occur on January 1, 2003.
The basic jurisdiction of a United States Bankruptcy Judge is specified in Titles 11 and 28,United States Code, and amendments thereto. To be qualified for appointment, an applicantmust:
(1) Be a member in good standing of the bar of the highest court of at least one state, the Districtof Columbia, or the commonwealth of Puerto Rico, and a member in good standing of anyother bar of which they are members.
(2) Have been engaged in the active practice of law for a period of at least five years (somesubstitutes authorized);
(3) Possess, and have a reputation for, integrity and good character; possess, and havedemonstrated, a commitment to equal justice under the law; possess, and have demonstrated,outstanding legal ability and competence; be of sound mental and physical health sufficientto perform the essential duties of the office; and indicate by demeanor, character, andpersonality that the applicant would exhibit judicial temperament if appointed; and
(4) Not be related by blood or marriage to a judge of the Eighth Circuit Court of Appeals, amember of the Eighth Circuit Judicial Council, or to a judge of the district court to be served,within the degrees specified in 28 U.s.c. 458, at the time of the initial appointment.
A Merit Selection Panel will review all applications and recommend to the United States Courtof Appeals for the Eighth Circuit, in confidence, persons considered to be best qualified.Appointment follows an FBI and IRS investigation of the candidate chosen by the court ofappeals. The current annual salary is $138,000. Applicants shall be considered without regard torace, color, age, gender, religion, national origin or disability.
Application forms may be obtained from the Clerk of the U.S. District Court in Fort Smith andLittle Rock, Arkansas; the Clerk of the u.s. Bankruptcy Court in Little Rock, Arkansas; and fromthe Circuit Executive's Office in St. Louis, Missouri (314-244-2600). Applications should besubmitted only by the applicant personally and should indicate the applicant's willingness toserve if selected. Applications should be submitted to Ms. Millie B. Adams, Circuit Executive, 111South 10th Street, Suite 26.325, St. Louis, Missouri 63102-1116, and must be received by May 30,2002.
The U.S. Courts are equal opportunity employers.
J.S. Brooks Jr.J.5. Brooks Jr., 87, of EI Dorado, died
Thursday, January 31. He graduared fromthe University of Arkansas Law School in1937 and practiced law in EI Doradobeginning that year. He was a member ofthe Union County and American BarAssociations and was a U.S. Magistrate inU.S. District Court, Western District ofArkansas, EI Dorado Division from 1971 to1987. He served as a Special Justice ro theArkansas Supreme Court on three separateoccasions. As a member of the Arkansas BarAssociation. he served on the AmericanCitizenship Committee, the GroupInsurance Plans Committee and on theCreditors Righcs Comminee.
Mr. Brooks was a member of the EIDorado City Council for twO ternu andpresident of the E1 Dorado School Board.He was also president of the EI Dorado Golfand Countty Club and the EI DoradoKiwanis lub. He was an officer, directorand anomey for First Financial Bank, whichhis father helped organize.
Survivors are his wife. Bess SampleBrooks of EI Dorado; a son, John SamuelBrooks 111 of Hollywood, California; twO
daughters, Elizabeth Brooks of Memphis,Tennessee and Meredith Brooks ofFayetteville; and one stepdaughrer.Dr. Susan Mercer of Little Rock.
George P. Collier Jr.George P. Collier Jr., 73, of Germantown.
Tennessee, died December 8. He was amember of the Arkansas. Tennessee,Memphis and Shelby County BarAssociations and was a SpeciaJ Judge for theShelby County Probare Court. He servedon the Arkansas Bar Association's GroupInsurance Plans Committee and washonored in 2001 for 50 years of service tothe Association.
Survivors include his wife, atherine S.Collier; three daughters, Catherine CollierStallings, Emarie Collier Spradlin and JoanCollier Barham, all of Memphis. Tennessee;one son, George P. Collier 111 of Memphis;and six grandchildren.
H. Zed GantH. Zed Gant, 87, orVan Buren, entered
inco rest January 13. He was among the firstuniversiry-trained lawyers in Crawford
42 The Arkansas Lalryer VWIIWG¥I<bar ron
In MClllort.l1ll
County. "College-educated lawyers wererare" when Mr. Gant entered the profession.according [0 his son, Paul Cant. also alawyer. Many lawyers "rook some coursesand took a test." He sold eggs for spendingmoney before graduating from theUniversity of Arkansas Law School inFayetteville. He practiced for 40 years at theGant and Gam Law Office in downtownVan Buren, was a former Chancery Judgeand a 50 year member of the Arkansas BarAssociation. He was a member of theJudicial ominations Comminec: and theCommittee on the Mentally Disabled.
His career began as a practicing attorneyand deputy prosecuting anorney for thecounty. During World War II, he wasappointed an anomey with the WarRelocation Authority in Washington. Laterserving as a gunnery officer in the U.S.Navy, he retired from the aval Reserve as alieutenant commander. From 1947 to1973, Mr. Gant worked as a field attorneyfor the Veterans Administration. He wasappointed Chancety Judge for the 15thJudicial District in 1973. In 1976 to 1991,he served as Master-in-Chancery for the12th Judicial Disrrict, which formerlyincluded the 15th District.
"For the last quarter of his life, peopleJUSt called him Judge Zed. He was oldschool in many ways," his son said. "He
believed in helping the down and out. Hehad a tremendous sense of duty.. _Thosewho didn't know he was a lawyer just calledhim that guy from the Baptist church."
He is survived by his wife, Imogene; adaugher Linda Beth Harwood of FortSmith; one son, seven grandchildren and 13great grandchildren.
Earl Wayne KrugEarl Wayne Krug, 41, passed away
December 30 at his home in Springdale,Arkansas. He was a pamer in the law firmof Harrington, Miller, Neihouse & Krugand City Attorney for the City of ElmSprings. Mr. Krug was admined to practicein Arkansas and Oklahoma and belonged tothe Arkansas and Oklahoma BarAssociations. He was past president of theComanche County Bar Association. Hegraduated from the University of OklahomaSchool of Law in 1986, practiced inOklahoma for 10 years before rdocating to
Springdale.Mr. Krug is survived by his parents.
Frank and Christel Reiner Krug, of BellaVista; his wife. Jeannie R. Mick Krug; twodaughters. Jessica and Christine all ofSpringdale; and by a brorher, Patrick Krug.of Fort Worth, Texas.
Richard S. PadenRichard S. Paden passed away on
November 3 at the age of 55. He receivedhis law degree from the University ofMissouri-Columbia and was a member ofthe Arkansas and Baxter County BarAssociations, the Arkansas Trial LawyersAssociation and the American Trial LawyersAssociation. Mr. Paden worked for theAttorney General's Office in 1976.
urvivors include his wife, Dawn, ofMountain Home; a son, Sean Paden ofCalifornia; a daughter, icole Paden ofCalifornia; a brother, Jon Paden and sisterin-law, Marie, of Ohio; a sister, Jill Paden ofNew Mexico; nieces and nephews.
Judge Charles A. Walls, Jr.Judge Charles A. Walls, Jr. died
December 17, 2001. He was a member ofthe Arkansas Bar Association recognizedwith the Distinguished Lawyer Award for 50years of practice, and serving on the DeskBook {now Form Book),Maritime Law andConstitutional Reform Committees. Hewas a Special Justice of the ArkansasSupreme Court and former city anomey forLonoke. He was appointed CircuitChancery Judge for the newly formed 17thJudicial District West.
Judge Walls was a descend"H of anArkansas pioneer famiy dating back to theRevolutionary War. He served as an officer
in the U.S. Army and the O.S.S. duringWorld War II and in the Judge AdvocareGeneral Corps representing the U.S. Armyin the Italian war criminal trials.
He sat on the Lonoke County QuorumCourt and the Lonoke School Board. Hewas a member of the Lonoke BaptistChurch where he raught Sunday School formore than 40 years and was a 32nd degreeMason.
In MCIllori31ll
Th< Arkansas Bar Foundation acknowkdg<J with grat<fUl appr<ciation th< r<aipt ofth< following m<moria~ honorarium and scholarshipconcributions r<aiv<d during til< p<riod ofD<c<mb<r 20, 2001 through March 31, 2002:
IN MEMORY OF J. S. BROOKS, JR.
Dennis and Jane Shackleford
IN MEMORY OF JUOGE H. ZED GANT
Ledberter, Cogbill, Arnold & Harrison,LLP
IN MEMORY OF JAMES MCKENZIE
Donis Hamilton-Winslow and Kate Drummond'"Mr. and Mrs. John Gill*Mr. and Mrs. Jack C. Deacon*Judi<h Gray'Don and Leslie Hollingswor<hJim and Sally MclartyAnn Dixon Pyle"Barbara Tarkington*Phil and Diane Carroll"Justice Annabelle Clinton Imber"Judge James Moody'Judge John and Marietra Suoud*Dr. Roberr R. WrighrJudge Susan Webber Wright
·Designated to the Horace H. McKenzieand James H. McKenzie Scholarship Fund,administered by me Arkansas BarFoundation.
IN MEMORY OF GORDON REYNOLDS
SAYLOR
Donis B. Hamilton
IN MEMORY OF RANDOLPH WARNER, JR.
Mr. and Mrs. Byron M. Eiseman
IN MEMORY OF JUDGE HENRY WOODS
H. David and Suzanne Blair*Phil and Diane CarrollMr. and Mrs. Murray ClaycombJudi<h Gray*Judge Robert and Ann DawsonJack c. Deacon*Winslow and Katherine Drummond*Judge John and Annis FoglemanDon and Leslie HollingsworthJustice Annabelle Clinton Imber"Virginia Mitchell·Judge James Moody'Hoyte and Ann Pyle*Jackson T. Stephens*Judge John and Marietta Stroud
William R. Overeon Inn of Coun.Pulaski County
Dr. Robert R. WrightJudge Susan Webber WrighrMr. and Mrs. Paul B. Young
*designated to <he Judge Henry WoodsScholarship Fund, administered by <heArkansas Bar Foundation.IN MEMORY OP JAMES B. SHARP
Phil and Diane Carroll
IN MEMORY OF BONNIE SHAVER
Charles B. RoscopfJudi<h H. Gray
IN MEMORY OF ROXANNE WILSON
Buzz and Cissie May
IN HONOR OF THE A.R!<ANSAS BAR
AsSOCIATION
Rebsamen Insurance Foundation
IN HONOR OF JUDGE MARy DAVIES SCOTI
FOR HER YEARS OF SERVICE AS A FEDERAL
BANKRUPTCY JUDGE
Judge Elsijane Trimble Roy
IN HONOR OF PHIL AND RUTHE KAPLAN
Patti Marks
SCHOLARSHIP CONTRIBUTIONSThe Arkansas Bar Foundation administersforty (40) named scholarship endowments.The Foundation expresses appreciation cothe foHowing donors whose designatedgifts CO various scholarship endowmentsassist law students in Arkansas with theirlegal education:Marcin and Betty Gilberc
Judith GrayJudge James M. MoodyDavid SolomonWilson & Associares, PUc.
BIRTHDAY, ANNIVERSARY OR
RETIREMENT CELEBRATION?REMEMBER, THE ARKANSAS
BAR FOUNDATION...
The Arkansas Bar Foundation receives
contributions in honor of individuals
on a regular basis. To make a donation,
the donor makes <he check payable to
the Arkansas Bar Foundation and notes
on the memo line or cover letter the
details of the honorarium ("in honor of
___" along with <he address for
the honoree). In cum, the Foundation
will acknowledge receipt. A letter will
be sent co the honoree advising him or
her of the contribution and who gave
the donation in his or her honor. Also,
a letter of thanks along with a receipt
for the donation will be mailed to the
donor. These contributions co the
Arkansas Bar Foundation are tax
deductible as a charitable gift for federal
income tax purposes. Honorariums are
listed quarterly in The Arkansas Lawyer
and the donor's name will be listed in
the annual report of the Foundation
which is available in June of each year.
CONTRIBUTIONS MAY BE
MAILED TO:
ARKANSAS BAR FOUNDATION
400 WEST MARKHAM
LITTLE ROCK, ARKANSAS 72201
For questions or further hifonnation,
call Ann Pyk at til< FoundAtion at
(501) 375-4606 or (800) 609-5668.
Vol. 37 No. 2/Spring 2002 The Arkansas la,')'er 43
In Memoriam
TRIBUTES IN MEMORY OF JAMES H. MCKENZIE
"\\'I'to should wish for every young Imuyer Ibn! he orshe could have a Jim McKenzie in their lift. Aprince among lIS, he exemplified what aIL lawyersshould seek to be in their proftsSional and pmonallives. we lolJ(d him lUell - rok motkl katkr, butmost ofa14 fiend. " - Sandra Wilson Cherry
... That Jim McKenzie honored our profession withhis presence should be a point ofpride for all ofus.That Ul( now adopt his standards a/honor. tkcencyand friendship should bt his kgary." - John C.Evererr
"All aspects of Jim McKenzie's lift were socompletely distinguished by excel/mce that once, innominating him for a bar association award. Itkscribed Jim as "knight in shining annoT" lindthllt is precisely how I wilL always remember him.OfJim's many talentJ. perhaps the greatest WIlS hisunique ability to !Lad by example and, in Ming so,impire those around him to wmlt to be more likehim. All ofus fortunt1le mough to hav~ bun hisfrimd will missJim grwry. "- Tom Ray
"Charaetn; integriry, acellence in all thingr. qui~t
demeanor, spiritual. studied, resp~ctfu/, courteous,afriend, "ptcially. a frimd -Jorll" H. McKmziebl~sud us by his ~xample. jim was myinspirational model for the professional andptT!onal goals voiced by Vince Foster in his lawschool address. And paraphrasing Vince, jimwould wish for all oflIS. a Betty.'~ Mac Glover
'Jim McKmzi( was a picture book lau;yer andgentlemaN ns was his &tddy before him. His d~nth
is a t~rrible loss to hisftmily. hisfiends, and to tb~
kgalpro/mioll. "- Bill Wilson
jim McKmzi~ wns truly a knight in shiningarmor; noble. courageous, faithful lJflliallt, andcompassionate. H~ has b~en a bkssing to hisfamily.community. our proftssion. and the clients heserved so well. jim showed us how to live, love. fircendvmity. and kttp tht jaith. If we art ,uise, wewill thank Godfor him and learn fom his lift. Wendell Gtiffen
EVf1l though he was younger in years, jimMcKenzie wns always a role modelfor m~. H~ didwith eas~ what I strain~d to do accomplish. H~ lISa great golfer, a t;"at lawyer, a great husband andfizther, and ~veryon~'s b~stfriends. I will sorely misshim. - U.S. District Court Judge James M.Moody
jim McKenzj~s~t high standardsfor us toftllow inthe arens of family, faith. profession andcommunity. He was a genuine gentleman and asup"b frimd - fred U=ry
He was an outstlmding InIUJ~r. He brought honorto hisfamily and his profession. It WIIS myprivilegeto know him and to call him Frimd I tried clISeswith him, against him, and as ajudge. H~ was awllrrior bllt a mlln who Iov~d p~ople. After a longdo)· in court, he wouldsimply smile lind say"! willsee you in the morning." just as Jim preparedforhis cases. h~ prepared for the filtur~, Pridoy hedidn't di(, I will s~~ bim soon, so Jim. I simply say"nt see you in th~ morning. .. - W. H. "Dub"Arnold, ChiefJustice Arkansas Supreme Coure
"Jim McKmzje was one ofthefinest tmvyers I haveron known, but more importantly. he WIlS one ofthe finest men Tbe ArkllllsllS Bar Association hIlSbad many aceLlent presidents, but I think be stoodju.st a little taller tban the rest of UJ. jim'semhusiasm and I~adership will be sorely missed John E Stroud, Jr., ChiefJustice Arkansas Courtof Appeals
jim McK~nzje and I were like brothers, havinggrown up tog~ther in Prescott during th~ 1940'sand J"O} and remaining close over the ensuingy~ars. In addition to being II rremuredfriend-lIShe was to me and many others - jim WIlS th~
lawyer that ~ach and every one oftts should aspireto be. jim was proud that he W/IS a !4wyer, like hisjat"'r and grandjath" bifort hilll. He held"lawyering" in high esteem, and he brought greatcredit to our profession. He caused othtT! /0 miseth~ir opinions of lnwym in gen~raL. U1wymeverywhere - and particulnrly w~ ArkansasIctlvym - how btlltJi{{eJgrwly from tht lift 0/
Jim McKenzie. He will b~ sorely missed, persoJll/11yandprofessionally - Martin Gilbert
I will neverforget jim McKenzie walking into myoffice at the Pulnski County Courthouse before theBar Association's annual meeting in june, /99J.At that meeting, jim would assume the presidencyof the Association and, not surprisingly. hadaLready decided on th~ /Imne of the J992 joimmeeting ofthe Arkan.sa.s Bar Association and theArkamllS judicial Cou11S~/: Th~ Promotion ofEthics in th~ l1gal Profession. And, when he nsk~d
me to serve lIS program chairfor the joint m~eting,
how could I refilS~ such a kind and honorable ,,"m?&CIlUs~ ofjim's commitmmt and vision, hisy~ar lISpresid~1lt of the Arkansas Bar Associationchalleng~d all Oftts, the &nch and th~ Bar, to focuson our ethical accoumability. I join th~ manyfriends and colleagues who are gratefid for th~
honor and integrity brought to Ollr profession byjim McKenzi~. - Juseice Annabelle ClimonImber
As my IBw parm" for 30 y~ars Jim hm been afiiend. a mentor and example for m~ to follow,both professionally and p~rsollally. His wisdom,understandingand imegrity eamed him the respectof ali with whom he d~alt. He was truly a"Lnwy"; Ln,vy"': who wns highly rtgardtd byboth the Bench and Bar. Our Profession andCommunity will miss his leadership and cOtlns~1
greatly - Glenn Vasser
I made an effort to come up with som~thing
appropriate. but after Martin Gilbert's commentsat tb~ urviu and the tvonder/ttl turnout for thefimeral ofjim and Betty's friends. anything thatI say would b~ wholly inadequate, but as I ptlttS~
at this sad time to ufkct on the good works ofmyfriend, jim McKenzie, I believ~ his love andcaring concern fOr oth~rs would cause him to saywith Ilpliftingjoy:
If I should ever leave you whom I loveTo go along the Silent Way, grieve not,
Nor Speak co me with tcars,Bur laugh and 'alk
or me as if I were beside you there.
Excerpt from poem "To Those I Love", - lslaPaschal Richardson for Dennis Shackleford
In MCnloriJnl
TRIBUTES IN MEMORY OF JUDGE HENRY WOODS
UEvery man owes some of his rime to theupbuilding of the profession to which hebelongs,"
- Theodore Roosevelt
If any Arkansas lawyer ever honored thischarge, it was Henry Woods. He wasdevoted to the law and to the Arkansas BarAssociation, serving with distinction as itspresidem for the 1972-73 bar year. Tharyear, the Bar had one of the most ambitiouslegislative programs in irs history.
One of the most important proposalsprovided for the funding of a first-class lawlibrary for the law school in Litde Rock. Inhindsight, it might seem that his legislationshould have sailed through the GeneralAssembly, but at that time, it took all handsand the cook to secure its passage. HenryWoods, as Bar President, pounded themarble at the Stare Capitol day after dayumil this pet project of his passed both theHouse and the Senate. He hand-carriedthe bill to then-Governor Dale Bumpersfor signamre. Without question.establishing the library fund played acritical pan in the success of this fine law
school.Over the years, Judge Woods was ever
available as a speaker and moderator forBar programs; and, despite an extremelybusy trial practice, then a heavy courtdocket, he always seemed to find time [Q
counsel young lawyers. He relishedinstructing neophytes in the art of trialpractice. There is hardly a trial lawyer inArkansas who doesn't have at least one
«Henry Woods" story about a time the
Judge assisted her or him.No one loved the annual bar meeting
more than Henry Woods. He missed onlya handful during his sixty-plus years at thebar - and his presence there became a
foregone conclusion. He was an institutionunto himself.
The disenfranchised always had anadvocate in Henry Woods. A signalexample is his leadership role in the majorcivil rights battles of the 50s, when it wasnOt only unpopular, but physicallydangerous, to oppose the forces of racismand hate. In 1989, as a federal judge, hestruck down Amendment 44 to theArkansas Constitution - the so-called"Interposition Amendment" sponsored bysegregationists in 1958.
In the 1970s, when the &jual RightsAmendment was being hotly debated,prominent male supporters were often hardto find. Henry Woods, however, againstepped front and center. He wrote andspoke in favor of the ERA; and oncedebated Phyllis SchlaAy, a well-knownnational opponenr of the ERA. before theArkansas General Assembly. He was astalwart in the cause of women's rights, anda great friend to women in the law.
"You have no enemies, you say.AJas, my friend, the boast is poor.
Those that mingle in the frayThat the brave endure,Must have made foes.
If you have none,Small is the work mat you have done.
You've smote no traitor on the hip;You've dashed no cup from perjured lip.You've never changed a wrong to right
You, my friend, have beena coward in me fight."
- Author Unknown
Henry Woods was, in fine, a champion
in the fight.
By Beth Deere and Bill Wilson
"'There were giants in the land in those days."
Hmry WOod!- was a giant in the courtroom as atrial Inwyer. H, was a giant on th, b"uh as ajudge. He was conversant with the philosophersofancient Grtece. the legal scholars ofancientRom' and th, Common Law ofEnglnnd andh"progroy. A stlldent ofhistory, h, was k,rolyaware andsensitive to the cause and the purposeof the American &volution and the centralimportane' ofth, InngUdg' in th, Prtambk toth, COnstitlitiOIl ofth, Ulliud Statts: "We thePeople of the United States in order to forma more perfect union establish justice ..."Henry believed that justice was what theUnited Sttltes ofAmerica was aI/about. Heunderstood that the purpose of the law wasjustic' and that th, qUdlity ofjustie' detronill"th, qllAlity ofth, so<i,ty ill which lilt liv,. Itwas Hroryspit to b, a Inwya alld a scholnr ofthe low. He is now a legend leaving anlIlIJllrpasstd kgal kgary ill th, history ofOllrstllte. - Governor Sidney S. McMath
III jlldg' Hrory Wood, death ollr stalt alld ollrprof"'ioll mlly loS/ a giant. His robllS/lov, ofth, Inw, and pmetiu of it, fOllollltd by hisremarkable tenure on the federal bench,""mpliji'd fOr ail of lIS th, tro, mtallillg ofprof"'i01U1lism. Sandra Wilson Cherry
Arkansas Bar Association President
On, ofth, highlights ofmy prof"'i01U11 liftwas "suffering" the aCCUSlltWn in the press ofb'illg a crollY of jndg' Hrory Woodr. Th,"accusation" ctlme upon my selection as a UnitedSlAttS Magistralt jlldg' and my tlSSociation withJudge WOod!- was suggestedas the pn·mary reasonthat I was "katd (Tht p"'" was eom:a intheir suggestion!) ~bsters Dictionary tkfines acrony as an "intimate companion" and I cansnftly SAy that O,It ofth,grtat bkssings in my liftwas hting a crollY ofjndg' Woodr.
jlldg' Woods' =narkabk ust fOr lift wasCOlllAgiOUS. His IIl1iqllt! bknd of illltika alldcommon sense is rarely found in people. Thecharacter trait which I most admired in him wasthat ht lrtaudailpropk with 'qUdI rnpm. Hisdoor was always open fOr a visit and someencollmgffl1£flt. regardless ofthe visitors positionorstatus. Obviously, he was a mentor and modelto me in discharging judicial responsibilities.bllt mort than that I klltw him as a loyal alldrocollmgillgfrimd U.S. Magistrate Judge
David Young
Vol. 37 No. 2/Spring 2002 The Arkansas UI\')'er 45
Continued from page 38
We need to stop and ask
ourselves what exactly we
have to lose if we accept
what we are being told as
essentially valid, relevant
emotional information.
Perhaps it is important
and worth suspending
defensiveness to hear. It's
easy to get defensive, but
once we do, we
essentially shut down
emotionally, interfering
with any genuine
understanding.
-o~, I '
46 TI,e Arkansas lawyer vwvw ar14Jar ':XJfT1
opponent's expert witness. Looking at howyou do mis provides one of the starkercOntrasts berween the discipline of doubt,
which you need for your work. and theability to suspend judgmenr, which youneed to nurture your relationships. Theexpert's views are an "admissible" form of
subjective opinion in the legal world.Indeed, it is one of me few occasions whereopinion means much at all, and even thenthe opinion is couched as factually andobjectively as possible. There are specificrules that govern the entire encoumer.
So on this hypothetical day, you havethus asked no open-ended quescions. norany questions to which you did nor alreadyknow the answer. You asked nothing unlessyou had a statement, document, or
incontrovertible fact with which to discreditthe expert if you didn't gee the specificallydesired answer. You extracted concessions to
your poinr of view; jumped on anyinconsistencies or contradictions; andanacked limits inherenr in the person's
experience, qualifications, preparation, orbias. You filtered what you were toldthrough a well-considered objective analysisof what was normal or reasonable, given thecase's particular objectives. You were dogged
and persistenr. You were great!You could also be a bit scary for anyone
else venturing into your line of fire with
mere personal subjectivity, such as a spouse,child, or loved one who may wam co talkwith you now that the day is finished. Wecan easily develop limitations in OUf abilityco listen uncritically and empathetically tothe loosely wrapped personal opinions,feelings, and musings of the regular peoplewe find when we go home. This isparticularly so if we manage co discern. inour Fatigued state, that someone seems cohave some kind of problem with...us. Ar this
point, lisrening openly becomes especially
challenging.We need to stop and ask ourselves what
exactly we have to lose if we accept what weare being told as essentially valid, relevamemotional information. Perhaps it is
important and worth suspendingdefensiveness to hear. It's easy to getdefensive. bur once we do. we essentiallyshut down emotionally, interfering with anygenuine understanding.
Do You Usten?Listening in order to understand is much
more subjective and narrative in oriemationthan the more customary listening we do toget factual information and sort it imouseful. abstract categories. Plausibility, thefull developmenr of the particulars ofpersonal experience in the story, individualmeaning. and inrerpretation are theappropriate considerations in a personalconversation. In the back of our minds,though, we may wonder if this is perhaps,ah ... fluff. In our more honest moments. wemay realize that personal listening is perhapsone of the most neglected parts of our lives.We forger ro lisren fully to our children andothers whom we love and, thus. fail to letthem in. Unless we listen, they can becomewizened in our presence, or mere caricaturesof themselves. We may know the facts. butwe won't know them. People who havegrasped this and changed their listeningbehavior reporr astonishment at the newrichness and texture of their relationships.They grow quieter, less critical. and morecomprehending. They come to know andappreciate more deeply those they hadthoughr they already knew. They speak ofhow much more love and how much lessstress there is in their lives.
When it is your rum in a personal
conversation. do you allow your true self tobe known. or have you been trained not to
speak personally? You might do benee seeingyourself as telling a story, your story, ratherthan framing an argument. Perhaps you willfind that speaking subjectively doesn't reallydiminish your point. Like hearsay rules.your personal feelings are nor being offeredto prove the objective truth of an assertionso much as for an indication of your state of
mind. This assumes that your state of mind.your emotional well-being, is a relevant
matter of consequence to the other personin a close personal relationship. If it isn't,
why bother?For many lawyers, it takes a paradigmatic
leap to reaJize that feelings 3re valid eventhough "merely" subjective, and perhaps
inconvenient, and that they really do notrequire justification or defense. That
realization alone will change the tone ofyour conversation. Lawyers have the
Continued on page 47
Continued from page 46
imeUeccual prowess and stam.ina to talkendJessly about aJl manner of things in
personal relationships. except feelings. Weshould also have enough good sense to
perceive, even in an utterly mystified way.that we somehow are not really
communicating meaningfully to ourparmers, or perhaps even ro ourselves.
Paying the PriceThe problem is not just legal training. We
live in a culture where long-standingauchoritarian. hierarchical styles ofparenting and teaching give us few modelsfor empathizing and expressing ourthoughtS and feelings subjectively. Perhaps,like many others, you gOt the idea fromvarious people you have encountered since
birth that anger, fear, sadness, uncertainty.
weakness, and orner messy or inconvenientfeelings were undesirable and unacceptable.Perhaps you long ago sacrificed concernwith that level of personal self in order to
please others or meet some prescribedagenda.
Every individual should be consideredthe world's foremost authority on hjs or herown point of view, thoughts. beliefs, and
feelings. In a personal discussion, thisinformation is indispensable. But we mayhave difficulty respecting and seeking to
understand it. It may seem safer tointellectualize very personal matters andreframe the discussion into how things"should" be; what most people do; what's
normal, reasonable, or legally or morallyright.
As with any other refuge, we pay a pricewhen it comes to our personal relatjonships.Afrer many years of such habits, we areunable to feel. lisren, or speak subjectivelywhen appropriate. All of these skills must berelearned. Ir may seem quire risky anduninviring ro get roo personal and
subjective. pan.icularly ifwe do not trust thevalidity of our own feelings.
Even if the feelings in question aresomeone else's, we may find ourselvespreferring to go immedjately to a practical
stance. We may prefer to somehow solve thesituation and advise upon it. rather than
first personally embrace it and provide
empathy. We may prefer to see personalsuffering as nearly always an avoidableproblem, rather than something of a
Every individual should be
considered the world's
foremost authority on his
or her own point of view,
thoughts, beliefs, and
feelings. In a personal
discussion, this
information is
indispensable. But we
may have difficulty
respecting and seeking to
understand it.
mystery to be experienced, accepted,grieved, and passed through. Keeping it allabstract and conceptual is one way to avoidgetting roo personally involved.
But if you wish to be more intimatelyconnected and supported in a closerelationship, this tendency to remainabstract and removed is an obvious barrier.
One thing that can make it easier to respectboth your own and your loved one's
subjective world is to be clear about howyou feel, what you value, and what youwant. You will find the rewards arc more
than worth the effort.
Standis" McCleary was an attorneyfor 16years before earning a Pb.D. inpsyc"ou.gy. He is a licensedpsychologist inprivate practice i" Portland, Oregon.
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