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D. A. SPARKS, Inc 5620 W. 12th 8T
Little Rock, Arkansas 72204
MARCH 1968 VOL. 1 NO.4
THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION
The
ARKANSAS LAWYER IN THIS ISSUE FEATURE ARTICLES Association Starts Unification Study ......•....•.......... 6
ASSOCIATION OFFICERS
... I;ralll< It'ari/clI 8
Ethics and the Ethical Profession William S. Arnold. President
J. Gaston Williamson, Pres. ElEct
Enforcement of Selective Service Laws .... I vil/i", II F. Shemlal111
Philip E. Dixon. Secretary· Treasurer EXECUTIVE DIRECTOR LeRoy B. Gaston
Unusual Problems Five UCC Seminars Set For Spring
Judge Lec 11'''''/ 14 .. Dr. J~ob('rt I~. II)rig/lt
16
EXECUTIVE COMMITTEE Winslow Drummond Chairman
Court House Remodeled ................•............. 19
Otis Turner James C. Hale
C. R. Warner Jr. Robert C. Compton Stephen A. Matthews
REGULAR FEATURES
EX·OFFICID William S. Arnold
.... 2
7th Annual Arkansas Oil & Gas Institute
J. Gaston Williamson Philip E. Dixon
President's Interim Report
Richard Mays
News Notes/Seven Top Speakers
Maurice Cathey
F;'les F. Batchelor
Juris Dictim
II).
S..·Imo'i/ 3 ..... 10
.
c. n.
Huie 17
James E. West Herschel Friday
Published quarterly bv the Arkansas Bar AssociatIon, 314 West Markham, Little
Rock, Ark. 72201. Second class postage
EDITORIAL COMMITTEE James W. Moore· Philip E. Dixon J. Michael Shaw· Willis B. Smith Jr. John A. Davis· Dennis L. Shackleford Charles M. Mooney' Eugene Raft Jr. Eugene A. Matthews Jr. • Lynn F. Wade Philip S. Anderson Jr. • Glenn W. Jones
paid at Little Rock, Ark. Subscription price to non-members of the Arkansas Bar
Association $6.00 per year and to members $2.00 per year included in annual dues. Any opinion expressed herein is that 01 the author, and is not necessarily that of the Arkansas Bar Association. The Arkansas Lawyer, or the editorial committee. Contributions to The Arkansas Lawyer are welcomed and should be sent, in two copies to the Arkansas Bar Center, 314 West Markham, Little Rock, Arkansas. 72201.
Seventh Annual Arkansas Oil & Gas Institute
Complete Investment Service To Attorneys
Hot Springs National Park, Arkansas Majestic Hotel & Lanai Towers
In The Issuance & Sale of Municipal Bonds School bonds; Improvement Dist Bonds; County & Ci ty general 0 b I i gat ion bonds; Water & Sewer revenue bonds; In d u S t ria I bonds.
April ]8-19, 1968
In Estate Administration Assistance Stock transfers for estates; stock and bond i nformation路past & present-prices, dividends, spl its, etc,
Thursday, April ]8 8:00 a.l11.
Registration - Foyer - Convention Hall Majes-
9:30 a.m.
tic Hotel Assembly - Convention Hall - Majestic Hotel Presiding: Robert IV. Vater, Fort Smith, Co-
In Executions Of Buying & Selling Oroers Direct wires to all principal markets; fast & efficient executions of stock & bond ordersimmediate payments.
Chairman Welcome: Winslow Drummond, Chairman Execlitive Committee, Arkansas Bar Association "Effects of Oil and Gas Commission Orders on Lease Obligations" - Spence A. Lcamolls, Fort Smith, Arkansas "Recent Developments in Oil <Jnd Gas Law" - Edward P.
HILL. CRAWFORD & LANFORD, INC.
Jones, EI Dorado.
Investment Brokers & Dealers Since 1932 Members National Association of Securities Dealers Inc Investment Bankers Assn of America Arkansas Bankers Assn. Ph FR 4-8276 805 Boyle Bldg. little Rock
J 2:00 NOON Luncheon - Terrace Room - Majestic Hotel
2:00 p.m.
Presiding: Edwin B. Keith, Magnolia. Co-Chairman. "lVhere Do lVe Go From Here" - Edward A. A1bares, lVashington, D. C., Luncheon Speaker Assembly - Convention Hall - Majestic Hotel Presiding: Robert IV. Vater and Edwin B. Keith. Co-Chairmen "Gas Royalty - At What
Price" - Louis A. Fischl, Ardmore, Okla. and Lewis G. Mosburg, Jr., Oklahoma City. Oklahoma 4:()() !,.m.
ADJOURN
MISSING
Hospitality Hour
AND UNKNOWN HEIRS LOCATED
P ,'csidel1l ial Pal'lo,'-M ajcst ic 11 Olc I NO EXPENSE TO THE ESTATE
5:30-6:30 Inslilute Re!!isll"l,nls and Wives F"illa)', Ap";1 ] 9 8:30 a.l11.
WORLD路WIDE SERVICE FOR
Registration - Foyer - Convention HaJJ Majes-
COIJllTS - I.AW".:IlS - T1IIJST OFFlC.:IlS ,\DlUINISTIl,\TOIlS - EXECIJTOIlS
tic Hotel
10:00 a.m.
Assembly - Convention Hall - Majestic Hotel
Presiding: Edwin B. Keith, Magnolia, Ark. CoChairman: "Measuring of Damages From Drilling and Producing Operations"-Paul M. Shaver, Fort Smith; "Our Improving Technology for the Recovery of Oil and Gas"lVyall H. Thomas, Vice-President Arkansas Louisiana Gas Co., Shreveport, La.
American Archive:J A:J:Jociation INTERNATIONAL PROBATE RESEARCH
12:00 NOON Luncheon-Terrace Room-Majestic HOlel; Presiding: Robert IV. Vater, Fort Smith, Co-Chairman; "A Geologists's Opinion of Lawyers and Landmen"; Dorsey M. Ryan, Fort Smith, Luncheon spca ker. J :00 p.m.
449 WASHINGTON
BUILDING
WASHINGTON, D. C.
ADJOURN 2
Ute PIISIBllr~S ~IIPOIT~ "What I am about to say may shock some of you. It may intrigue some of you. In aU probability all of you will conclude that your president has flipped his lid."
William S. Arnold
Cha in Store Law Offices-A Solutio n? The ideas I will voice are not all original. As I have traveled this year I have talked with many lawyers from many different places. To some degree many of them are struggUng with some of the same problems we have in Arkansas. Some of them recognize the problem for what il reaUy is, others just know
competition from the large city firms too much for them and by human attrition they arc dying on the vine. In listing the facts I have not referred to the client demands that are in part responsible for these conditions. We all know that living today, whether it be in Hope, Hamburg, Harrison or Hot Springs, grows more complex and regulated. The th.ings that cause the complexities and provide the regulation also demand that legal advisers of farmers, stockmen, merchants, shop owners and manufacturers possess the education and research resources to enable them to raoidlv and skiUfuJly chart a safe course through lhe shoal watcrs of SEC, VCC, ICC, Wage & Hour, Income Tax and Estate PI a n ning, Anti-Trust, Corpora te Mergers, as well as conveyancing, bills and notes, foreclosures and negligence and compensation law problems. It is also my personal view that tl,ese facts should be of as much concern to the "city lawyer" as they are to the "country lawyer." I ask you, visualize for yourself what would be the fate of the private practice of law in Arkansas if there were no lawyers except in Uttle Rock, Texarkana, Pine Bluff and Fort Smith. TIlere would be literalJy thousands of people wilhout representation. TIle demands for government intervention would be irresistible. We would see "'egal assistance at taxpayers expense" on a massive scale beyond the wildest dreams of those who now espouse the cause of OED and its program of legal ajd to the indigent. Inevitably all lawyers would find themselves forced into government service, on one side or the other. With this background I now come lo lhat crazy idea I promised you. First lel me tell you the story of a lawyer I know in Florida. Not so many years ago he started out as a sale practitioner in a sma.1I town in North Florida. After a few years he took on first one partner, then another. TIleir reputation grew and they saw an opportunily for an office in a nearby town of 15,000. The firm expanded, operating in both communities, and added a few specialists to the letterhead. Then the grass looked green in a city of 35,000 located some 25 miles away and so they branched again, opening an office in the city. Now with offices in three towns and some 2S in the firm, counting partners and
there are trends. TIley either do not see or do not want to see the source nor the possible solution. I do wanl to presenl lhe problem. I will have more to say on
this subject before this year is over. But right now-for the lack of belter language to derme, we will call it "Should Country Lawyers Amalgamate?" Webster defines "Amalgamate" tllis way: UTa unite in an amalgam. To combine into a unified whole,
as two races." For our purposes we will be a bit less precise. We will use the word to mean "An association together for mulual benefits." As I staled earlier, I intend only lo present some facts. You may not even agree with my conclusions from lhe facts. My ideas for resolution of suggested problems may be even less appealing. It is one of the typical tendencies of we lawyers to disagree about the conclusions to be drawn from a given set of facts. What then are the facls? I. Many small towns in Arkansas today have no lawyers or only one elderly, nearly retired practitioner to whom such things as the uee, Electronic Retrieval, Xerox machines and even the Dictaphone are tllings he reads about, bUI does not understand, in the occasional published brochures that come to his office. 2. The lawyer population of the stale is lending to concentrate in metropolitan arcas and in ever increasing-in-size firms. 3. It is weU nigh impossible, at any price, to induce young lawyers to return to the small town where they were born. If they arc willing, then their wives are not. 4. Group legal services arc on the rise. 5. The practice of law grows daily toward the specialized so that to be a general practitioner becomes more a label of limitation than a badge of competence. It is my personaJ view that these trends are even causing concern in small firms in some of our middJe size cities. In these cities firms which were once proud establishments perpetuated in part by the return of sons are now finding the
Continued on page 4
3
associates, they are considering offices in other towns, large
or djfferent names in the various communities and share the
and small. Such a firm as O,is can preserve the concept and local
burden of added library resources and addition of specialists or by permitting one or more of the members of tlle merging
service aspects traditional to the country lawyer while at the samc time bringing to the small town businessman and the farm community planter or stockman, from its own staff in
firms to train as a specialist. 3. A small town firm can expand its operation into adjoining communitjes, with or without locally situated
one of its branch offices, all of the specialists presently offered only by the larger metropolitan firms.
lawyers, and gradually enlarge and expand so that it is in a
position, at one or more of its branch offices, to offer the demanded specialties. An alternative to these amalgamations may be a regional specialty and research center. Such center would be located at some point geograpltically convenient to lawyers of a service area, would have legal research tools adequate for any problem
Let me hasten to assure you that this firm is not an isolated case. Let me give you some other examples found today in Florida: I. A firm with offices in West Palm Beach and Rockledge 117 miles away 2. A firm with offices in Miami, Fort Lauderdale and Tampa (TIlesc arc different counties and judicial circuits) 3. A firm with offices in Jacksonville, Daytona Beacli, Rockledge and West Palm Beach. 4. A firm with offices in Orlando and Cape Canaveral. 5. A firm with offices in Orlando and Cocoa Beach-50 miles apart. 6. A firm with offices in Jacksonville and Fort Lauderdale. 7. A firm with offices in Miami and Fort Lauderdale.
likely to arise, probably combining in part the county law libraries of several counties, be staffed with such specially
trained lawyers as meet the needs of the practitioners and public of the region. Expense would be subscribed in part by
the law offices of the region and in part on a services rendered basis. As I said at the outset I do not represent to you that these ideas are the best or the only means of resolving the problem of the decline of the general practitioner. TI,e facts I have outlined I think you will agree arc facts. Some of you may not
8. A firm with offices in Miamj and Cocoa Beach - 200 miles aparl. 9. A firm with offices in Miamj and Tampa and St.
agree that these facts indicate there is a problem that needs a solution. Indeed, some of you may feel that it is past time that the condition I have forecast should come to fruition.
Petersburg. 10. A firm with offices in Miami and Fort Lauderdale and Palm Beach.
Let me give you the benefit of the thoughts of another
lawyer concerned with tltis problem, and I quote from a recent
II. A firm with offices in Miami Beach and Tallahassee. And there are many other examples. A rcccnt count
letter I received from Mr. Chesterfield Smith, who has offices at Lakeland and Barton, Florida:
indicates 30 firms with more than one office and at least 1/3
"'Onc of the principal reasons for the success of large law firms is that they have no difficulty in communjcating to the
have 3 offices and aile with four. TIlOugh most have at least onc office in a large city, a number have all their offices in what we would call small towns. About one half are engaged in general practice, six specialize in negligence defense, four in plaintiffs cases and some of the others specialize in such areas as bankruptcy, taxation and savings and loan. I recently at tended the annual meeting of thc Oklahoma Bar Association. I found that this type of operation is finding increasing favor among Oklahoma lawyers. Typically it seems (0 find origin in firms who conCClllrate in defense work and in plaintiff actions but, if Florida is a fair example, firms doing a general practice predominate in chajn store law office operations in a short time. For lack of a better namc at present, I refer to such a setup as chain store law office operation. Such chain-store operations may come into existence a number of different ways - most of them being by some process of amalgamation: I. A metropolitan located firm, instead of adding additional partners at its office might consider a merger with one or more firms in nearby communities, maintaining both outlets. 2. Several law firms nearby to each other in small communities might join forces operating either one firm name,
public that they offer specialized services and that the collective abilities of their lawyers enable them to be
specialists in every field. The official recognitjon of specialists who mjght combine together with generaljsts in a chajn-storc law office operation would enable the public to learn or the availability of specialization through small practitioners or by
lawyers in small firms. Certainly it would 3.id those lawyers in informing the public that specialjzed services are also availablc from them as well as from larger law firms, I frankly believe that it will enable the small practitioner Inore effectively to compete with the large law firms; it may well be the best
means available to insure the survival of the small practitioner." I challenge all of you to think well on these matters. You may even now be presiding over the death of general law practice outside the metropolitan areas as you have known it. Whatever can be done must be done, and soon.The paths that lead to preservation of the relationship of attorney and client whkh is the peculiar forte of the general practitioner may not be those I have suggested but, such paths can and must be fowld and trodding them soon begun. â&#x20AC;˘
4
When You're Sick or In;ured CAN'T WORK ••• CAN'T EARN •••
How Long Will Your Bank Account Last? The Group Plan of Disabi Iity Insurance of the Commercial Insurance Company OFFICIALLY APPROVED by the Arkansas Bar Association is the anSwer to your problem. Many of your fe II ow members have benefited by this broad, low cost insurance. Why not apply for this today? You 'hill be helping yourself and your Association.
Statement Time
Also Major Medical Plan Life Insurance Ptan Accident Insurance Plan Professional Plan
Mrs. Barbara Ghormley, membership secretary, prepares
to send out the final statements to those Arkansas Bar Association members who have not paid their dues for the 1967-68 membership year. Membership figures are running well ahead of last year, but too many members have as yet not sent in their dues. Members whose dues are not paid by March 31, 1968 will be considered delinquent and their cards and Addressograph plates will be removed from the active file. Agents for the insurance company handling the Association sponsored Group insurance require that names of delinquent members be sent to their office so that insurance on these former members may be cancelled.
RATHER, BEYER 6' HARPER 223 Louisiana Street • Phone FR 2-4117 LITTLE ROCK. ARKANSAS ""'f'rl'ice Bpyo,1I1 tl,e COlllract"
largest Trust Department in South Arkansas
Law Office Economics Mrs. Judith Gray, assistant executive director, prepares a display of law office economics material for the Bar Center. The material was provided as part of the registra· tion fee at the mid·year meeting and is now available to those not attending the meeting. Cost of the set of five pamphlets is $2.00, plus postage. The pamphlets cover Law Office Layout and Design, A Yardstick for Legal Records and Information Retrieval, Administrative and Financial Management I n a Law Firm, Proceedings of the First National Conference on Law Office Economics and Management, and An Attorney's Guide to Law Office Dictation.
NATIONAL BANK OF
f.L
DORADO
5
Statement Of Principals For A Unified Bar Association
i. THE UNIFIED BAR SHALL BE AN INDEPENDENT SELF-GOVERNiNG DEMOCRATIC ORGANIZATION.
II.
It is important that the Bar be free of control, especially from the legislative or executive branch of government. It is proper, and under Amendment No. 25, necessary thai the Supreme Court "m<lkc rules regulating the practice of law and the professioJl<.l1 conduct of attorneys at law," which implies a power of enforcement of the rules so made but does 110t require that rhe court act as policeman or prosecutor. The court will, of course, be interested in other activities of the Bar looking toward a better and morc efficient administration of justice, but need 1101 undcrwke to dictate such activities, and the judges. being lawyers, should have the same privileges in their individual capacities as any other lawyer. Of course, no lay group or entity should be permitted any degree of control over hlwyers or their activities, nor should <.Iny group or class of lawyers dominate the organization. This can be accomplished by adequate provisions for self-government under democratic principles. An obvious method would be to create a governing body of the association such as u "Board of Governors" to be elected from territorial districts by the lawyers of each district, thereby assuring the widest spread of representation and be responsive to the will of a Il1ujority of the lawycrs. Adequate provision could be madc for referendums to the entire membership on matters of grcat COllcern. There is no doubt that the charter provisions for the Unified Bancan be worked out consOllunt with these principles, though this is not the place to propose them in precise terms. They should be worked out with the aid and assistance of all lawyers and reduced to precise provisions for submission to the Supreme Court.
Lawyers, having an exceedingly rugh regard for their pe rsonal independence, tend to react violently at any suggestion of compulsion. Nevertheless, they have accepted this basic principal under rules already in force adopted by the Supreme Court relative to annual license fees and enforcement of the Canons of Ethics. Furthermore, a truly effective Bar must be one in which all lawyers participate. Unless the action of the Bar represents a consensus of all lawyers, it is necessarily discounted as the voice or action of a few. Again, the viewpoint and ideas of all the lawyers is more apt to lead to more effective and constructive activity. If we concede that a lawyer owes any obligation to Ius fellow lawyers, or the better administration of justice, then thai obUgation can best be discharged in concert with all other lawyers. Otherwise, however good h.is proposals, he is a voice crying in the wiJderness. He is without the support and resources of his fellow lawyers. If we concede that unauthorized practice of law is a proper subject for action, then all practicing lawyers are involved. One alone can do almost noth.ing. A few can do tittle more, but all become a force to be reckoned with. AJI are the beneficiary of any progress in that field.A1I should support the activity by contributing their viewpoints and ability in determining when the line is overstepped and the appropriate action to be taken. If we concede that continuing legal education is beneficial to the public and our clients, then its benefits should be open to all, and all should participate. One lawyer can do practically nothing about misconduct of other lawyers. Yet, it cannot be doubted that all of us owe an obligation to protect the public from those very few who use their license to take advantage of their clients. This can be done only by all lawyers acting together to maintain the standards we agree to be proper. We should collectively be the policemen and prosecutors of wrongdoers in our profession for the benefit of the public and protection of the lawyer. When this is left to the courts, even though they appoint committees to investigate, the responsibility is placed on the courts and they are forced to be policeman, prosecutor and judge. Where charge,S are screened or initiated by the Bar itself, the courts can perform their judicial functions in protecting the parties or redressing wrongs in cases before them.
DEAN
C.
LEASURE
OFFICIAL U.S. COURT REPORTER ARKANSAS DEPOSITIONS & GENERAL REPORTING STENOTYPE REPORTING FR 2-1414 LITTLE ROCK, ARKANSAS
III.
THE UNI FlED BAR SHALL BE COMPOSED OF ALL ACTIVE PRACTICING LAWYERS OF THE STATE.
THE UNIFIED BAR SHALL PROMOTE THE BETTER ADMINISTRATION OF JUSTICE. Implementation of tltis principle will involve many and varied activities, and it wouJd be impossible to here list them all. They may well include: <a) Proposal of legislation to cure statutory injustices as, for instance, was done in regard to the wrongful
P. O. BOX 2435 512 U.S. POST OFFICE 6
PROPOSED UNIFICATION OF ARKANSAS BAR ASSOCIATION
Heartsill Ragon, Chairman Bruce Bullion J. C. Deacon Albert Graves, Jr. Richard H. Mays W. B. Pu (mall Louis L. Ramsay, Jr. James Neill Smith
(Observing the satisfactory operation of a unified Bar in a great number of states, including our neighboring states, the Executive Committee of the Arkansas Bar Association and President William S. Arnold appointed a special committee to study the feasibility of such a plan as it might affect lawyers of the State of Arkansas, and to evaluate its merits. The first task of the committee was to formulate the basic principles for such an organization and the following statement of principles has been formulated on behalf of the committee and reduced to writing by G. Byron Dobbs of Fort Smith, Arkansas. The comments and advice of the Bench, Bar and public is requested and should be directed to one of the committee members.)
Summary In ShOft, the Unified Bar must be an independent. self-governing body in which all practicing lawyers participatc with an equal voice in its affairs dedicated 10 beller admjnistration of justice for the benefit of the public and the well being of lawyers. To accomplish this result the detailed plan of organization and the rules to be adopted to accomplish its purposes must be formulated and presented 10 the Supreme Court. It is not fair to ask the Court, burdened as it is, to cngage in this undertaking. Furthcrmore, the plan as so formulated should be the result of the views of most of the lawyers. TIle benefits of a Unificd Bar arc enjoyed by 1110st states and the trend is clearly in thai direction. We should adopt this progressive movement utilizing the wealth of experience (Ivailable. It should be done as soon as possible. â&#x20AC;˘
death statute and many others. (b) Proposals for better procedures in handling court cases - as the jury instructions. (c) Adequate provision for the protection of the indigcntnow a must in criminal law. (d) To find and propose means of securing the best qualified judges and court personnel. (e) To obtain qualified personnel in the profession.
IV.
THE UNIFIED BAR SHALL PROMOTE THE INCREASED EFFICIENCY AND COMPETENCY OF LAWYERS. Obviously this includes, but is nOt limited to the various seminars and institutes under the flag of continuing legal education. V.
THE UNIFIED BAR SHALL DETERMINE STANDARDS OF CONDUCT FOR ATTORNEYS AND PROVIDE FOR THEIR ENFORCEMENT. n,e standards of conduct of the lawyers of tliis State should be set by all lawyers rather than by Supreme Court fiat as is now done. It is an imposition all it to require it 10 point an accusatory finger at any lawyer. The specific standards of a Unified Bar must, of course, have the approval of the court.
Helping to develop, , . the agriculture, industry, and transportation of the Helena trade territory,
VI.
THE UN I FI ED BAR SHALL TAKE PROPER ACTION TO PROTECT THE PUBLIC FROM LOSS ARISING OUT OF LEGAL ADVICE OR REPRESENTATION BY LAYMEN. What is proper action and what constitutes legal advice and representation should be determined by all the lawyers. VII.
THE UNIFIED BAR SHALL PROMOTE THE SURVIVAL OF THE PROFESSION AND THE ECONOMIC WELFARE OF ITS MEMBERS CONSONANT WITH THE VALUE OF ITS SERVICES. All of the great freedoms and most of the great advances in government have been the result of lawyers services and activities. This can only continue so long as the rewards of the profession are sufficient to provide a reasonable livelihood for the practitioner. Otherwisc, he is subverted by economic pressures and loses his independence. It follows tha t the organized Bar should study ways and means of preserving the profession and its members by furnishing information on reduction of expense, establishment of reasonable fee schedules, and the means of economic independence without impinging on the rights of clients to obtain value fOf the services.
Offering Full Bonk Service Including Trust Service
7telenlJ@/Vutionol !Jonk M'm.'''DLC
302 Cherry 7
Helena, Arkansas
"Genrlemen, you have heard what has been said in this case by the lawyers, the rascals! TIlUS a non-lawyer judge of the criminal jury in Colonial New Hampshire began his charge to the jury. He was not making jokes but was rcnccting the general opinion held by laymen in that day of the legal profession. Any history of the profession is marked by periods of low public esteem, as suggested in early colonial times, and other periods of the highest public regard, as in the commentary on Amcric<l1l life by that famous tourist, de Toqucville, who said:
"in America there are no nobles or literary men, and the people are apt to mistrust the wealthy; lawyers consequently form the highest political class and the most cultivated circle of society . .. If 1 were asked where 1 place the American Aristocracy, 1 should reply withoUl hesitation, that it is not composed of the rich, who are united by no common lie, but that it occupie~' the judicial bellch alld the bar. " While we arc not engaged in a popularity contest, still the barometer of public esteem is one of the factors which must be considered in evaluating the effectiveness and quality of the profession. In this brief paper we will examine some of the guides to professional conduct, divided into three groups "Ethics I, II and Ill" and will brieny describe the enforcement procedures established in this State. by Frank Warden Jr. Chairman, Etltics and Grievances Committee
Ethics And The Ethical Profession mi sde meanor in a professional capacity, ungent lcmanly conduct in the practice of the profession, and habitual drunkenness." Ark. Stats 25-401 While the legislature undoubtedly has the puwer to pass these laws regulating the prilctice, Amendment 28 to the Arkansas Conslitution provides that the Supreme Court shall have the power to make rules in this area, and consideration of these rules leads us to Ihe next Icvel of regulation of the profession. ETHICS II On April 24, 1939, the Arkansas Supreme Court adopted rules regulating lhe professional conduct of attorneys. TIlcse rules, with all revisions through 1963, arc contained in a pamphlet, "Miscellaneous Rules of the Supreme Court of the State of Arkansas," aV<Jilable to all members of the bar from the clerk. The Canons of Ethics or the American Bar Association are adopted "as the standard of professional conduct of attorneys at law, and an attorney who violates any of such canons shall be dealt with as provided herein." The canons, then, are more than merely advisory, and deserve our attentioll. They are the rules of conduct which are designed to elevate the practice to that of an ethical profession, and will be called "Ethics II." Every lawyer should have had this course, but a refresher seems to be in order, and should be helpful to
1. The pructit.:e of law is frcqucntly rcferred to as an ethical profl.:ssion. This meallS Illorc tiwil a consideration orethies or lllor.i1S as a guide to action: rather it refers. i.lccording to olle defillitioll, to tile development :.IIld acceptance of profcssional st~ll1(hlrds of conduct whidl are mainly self imposed. L.lwyers Imve develolX':d :Jlld hi.lve imposed upon themsclves in this sttJte the Clnons of Ethics of the American Bar Associ:Jtioll. and other professional guidelines, and these arc thc principal source for any consideration or professional ethics. Iluwever, we frequently overlook, and are sometimcs surprised hy the constitutional ulld statutory regulations of the professi\lll. ETHICS I All of us have hud the course. which I will call Ethics I, dc,ding with thc laws regulating the practice. We know lhat clllbcalclllcnt of the funds of c1icnts, all of which arc held in trust. is a crime. We know ubout solicitation, stirring up litigJtion, champerry. bJrrJtry and maintcllilncc (don't we'?). Some of Ihese ilrc indictable Jnd all :Ire clear examples uf a lawyer's own special opporlunities 10 t(jke a course of action which is wrong in any context. Some of these lllay be com1l1ilted by non-lawyers, but seldom without the advice or consent of a lawyer. There is an entirc chapter in the Statutcs dCillillg with the practice of bw, and a procedure is there established by which lawyers n1i.lY be disbarred lhrough Circuit or Ch:.IIlccry Court action. Bilsic(jlly the proscribed offenses consist of '"'any felony or infamous crime, or improperly retaining a client's money, or any malpractice, deceit or
I Jury charge, Colonial New Hampshire, 2 Green 469. 2 de Toqueville, DEMOCRACY IN AMERlCA, vol. 2, 184 (2d cd. 1836). 8
all of us. We will, therefore.brieny review some of the canons and then discuss the enforcement and disbarment procedures established in Arkansas. The Canons of Ethics are not designed as an exclusive set of rules for the regulations of the profession, but, according to the preamble, they serve as a general guide and "should not be construed as a denial of the existence of others equally imperative," For that reaSOIl, the canons are not drafted in legislative form, and would not lend themselves to statutory interpretation. However their intent and meaning is usually clear. Canon 3 concerning relations between attorneys and judges states: "A lawyer should not communicate or argue privately with the Judge as to the merits of a pending cause ..." A Communication may consist of a letter which is not furnished to opposing counsel, a conversation in the hall or any other expression. TIus is a rule which is frequently overlooked by otherwise ethical lawyers who would not knowingly attempt to gain any special favors or considerations, but who forget that all advocacy must be done within the framework of the adversary system. Canon 6 deals with adverse influences and confljcting interests. We are aU aware that conflicting interests cannot be represented by the same attorney or firm, but it is interesting that this canon clearly states: "It is the duty of a lawyer at the time of retention to disclose to the client all the circumstances of his relations to the parties, and any interest in or connection with the controversy, which might influence the client in the selection of counsel." (emphasis added) This means we cannot wait to see if a conflict develops in the progress of the case, but must make fuJI disclosure at the outset of any possible conflicting interest. Canons 12, 13 and 14 deal with rees and contain a set of guidelines to be used by the ethical lawyer in establishing fees. It is noteworthy that it is proper for a lawyer to consider a schedule of minimum fees adopted by a Bar Association, but that "no lawyer should permit himself to be controJled thereby or to follow it as his sole guide in determining the amount of the fee." TillS canon concludes that Hin fixing fees it should never be forgotten that the profession is a branch of the administration of justice and not a mere money-getting trade." Perhaps the shortest of the canons is number 21 which provides that "it is the duty of the lawyer not only to his client, but also to the Courts and to the public to be punctual in attendance, and to be concise and direct in the trial and disposition of causes." It may come as a surprise to some of us, who have had files open for many months or years, that delay in the disposition of cases is in violation of the Canons of Ethics. The less attractive or profitable case is prone to be pushed aside for the more urgent business or the most demanding client. TItis is an entire subject within itself, and relates not only to ethics, but to law office management and efficiency. The emphasis here, however, is that unnecessary delay is in many instances a denial of justice to the client, and amounts to unethical conduct. Canon 22 covers a multitude of professional sins in the conduct of a trial. It is unethical to misquote the contents of a paper, the testimony of a witness, the language or argument of counselor to even cite a decision which has been overruled! Ukewise in argument it is unethical to assert as a fact that which has not been proved or to conceal in opening argument a position which counsel intends toreply."A lawyer should not offer evidence which he knows the Court should reject, in order to get the same before the jury by argument for its admissibiLity ...neither should he introduce into an argument, addressed to the Court, remarks or statements intended to influence the jury." We are all aware th.a t we may not advertise, and Canon 27 also provides that the solicitation of employment through touters or personal communications is unethical. Likewise, indirect advertisements "such as furnishing or inspiring newspaper comrnents...offend the traditions and lower the tone of the profession and are reprehensible."
It is clearly unethical for a lawyer to stir up litigation, to seek out those with claims for personal injury or those having any other grounds of action, or to employ agents or runners, or to payor reward, directly or indirectly, those who bring or influence the bringing of such cases to the office. The drafters of the Canons of Ethics, apparently recognizing the dirnculty of policing tillS area of the profession, included the following statement: "A duty to the public and to the profession devolves upon every member of the Bar having knowledge of such practices upon thepart of any practitioner immediately to inform thereof, to the end that the offender may be disbarred." Likewise Canon 29 requires that lawyers expose "without fear or favor" corrupt or dishonest conduct in the profession. He should strive at all times to uphold the honor and to maintain the dignity of the profession and to improve not only the law but the administration of justice." Here we are all at fault, since it is unworkable to wait for grievances or complajnts from the public as to general unethical practices peculiarly lVitllln the knowledge of attorneys. Canon 29 requires that we come forward and expose the unethical practitioner. It is recognized that this is a difficult position for most lawyers to adopt, but it must be done if we <.Ire to preserve any semblance of that self regulation and control which is the essence of the ethical professions. Canon 39 deals with witnesses. There is apparently somc misunderstanding as to thc propriety of contacting witncsses for the opposing side, but this canon makes it c1car lhill a lawyer may properly interview any witness or prospcctivc' witness for the opposing side without the consent of opposing counsel. There are now 47 canons, all designcd to maintain thc dignity of the profession and to improve not only the law but the administration of justice. As stated earlier, these canons are not drafted in legislative terms, and their violation is not always easy to ascertain. To make this determination in the first instance,the Supreme Court has established the Bar Rules Committee, consisting of seven lawyers, one from each Congressional District and the others from thc State at largc, to serve at the pleasure of the Court. The Committee elects its chairman and secretary, and has the power to make further rules regarding its procedure. It has power "to issue summonses for any person or subpoenas for any witness, directed to any sheriff or state police officer within the State," disobedience of which is contempt of professional misconduct, or on its own information, alld affords the attorney involved an opportunity to explain or refute the charge. If found guilty of professionaJ misconduct the Committee may, "without any publicity," caution, reprove or reprimand the atturney, or it may file a complaint with the Circuit or Chancery Coun, with trial to be to the Court after 20 days' notice to the respondent. The Judge or Chancellor may "reprove, reprimand, suspend or disbar such attorney" or may dismiss (he casco Upon appeal by either party the Supreme Court hears the matter de novo upon the record. Space does not permit an analysis of the role of (he Ethics and Grievance Committee of the State Bar Association, ur of the local bar association having such committees. It is sufficient to say that none of these has thc direct power to discipline or disbar any attorney, although mcmbership in the respective Associations could be terminated upon a proper showing. This points up the chief distinction between an integrated, or unified bar, as it is now called, and a non-unified bar such as the Arkansas system. The Bar Association is a voluntary group with no disciplinary authority outside its membership, and with doubtful disciplinary powers within its own ranks. Complaints which appear to be valid arc usually referred to the Bar Rules Committee. However, the Ethics and Grievance Committee of the Association is active, and handles a surprising, or perhaps alarming, number of complaints. After investigation and contact with the attorney, most, but not all, grievances are resolved. Most complaints by dissatisfied clients deal with Continued on page 18
9
About Lawyers
S. W. Knauts, Trantham & Knauts, P. O. I30x 384, Piggott, advises that their office has for sale a sci of Corpus Juris Secundum, complete with all pocket parts for 1968 and all indices. /\. M. Coates, Helena National Bank Building, Helena, Ark., has the following law books for sale. ALR first series, Volume I through 175 with Digest. ALR Volume I through 92 with Digest. Mr. Coates is willing to sell the books at a very reduced price.
Mrs. Dorothy Jones, former executive director of the Arkansas Bar Association, and her husband enjoy visiting with old friends at a breakfast given in Mrs. Jones' honor during the Mid- Year Meeting in January. Little Rock members of the Arkansas Women Lawyers' Association hosted the couple.
Mrs. Ruch Trice, Lake Village has the following law books for saJe. Ark. Slatutes (1947) 1,2,2/\, 2B, 3, 4,5, and 8. Southwestern Reporter 1-10 and 20-300. Southwestern Reporter (2d) I to 294. Acts of Arkansas 1913, 1919, 1920. 1923, 1925, 1927, 1931, 1941, 1945,1951,1955,1957,1959 (Vol. I and 2), 1961 (Vol. I and 2). Shepards'
Arkansas
Citations,
Arkansas
James C. Hale, West Memphis, Jay W. Dickey, Pine Bluff, Edward L. Wright, Little Rock and Earl F. Morris, Columbus, Ohio, president of the American Ban Association meet in the lobby of the Marion Hotel during the January Mid-Year Meeting of the Arkansas Bar Association. Mr. Morris was the featured luncheon speaker during the two-day meeting. He and Mrs. Morris were the guests of Mr. and Mrs. Wright.
Legal
Forms, Instructions to Juries.
Library for sale by the Estate of the laiC Max M. Smith, Rison, Ark. Corpus
Juris Secundum, ALR, ALR 2d 56 volumes,
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Arkansas cases only (Vol. I to date), Arkansas Digest, American Juris Prudence, and Arkansas Statutes Annotated. If interested contact John W. Elrod. P. O. I30x 346, Rison, Ark. For Salc ...Corpus Juris Secundum Volumes 1-101, including extra volumes, 119 in all; five volume C' l' S'
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James E. West, center, chairman of the Mid¡Year Meeting committee prepares to introduce two of the impressive array of guest speakers who took part in the two-day program. On the left is Kline D. strong, Salt Lake City, Utah, who addressed the 226 registrants on "Management of Time and Money." Dale Bumpers, Charleston, Ark., was a panel participant.
contact
Suzanne C. Ughton, 424 orlh Willow Road, Fayetteville, phone HI 2-6174. E. W. Brockman, Jr., Pine Bluff, is interested in finding a young attorney with some experience who would be intcrestcd in being associated with him in the practice of law at Pine Bluff. If intcrested contact Mr. Brockman at the Simmons National Building, Pine Bluff, phone J E 4-255 I.
Seven Top Speakers Scheduled For Annual Mineral Law Program The Seventh Annual Oil and Gas Institute will take place in Hot Springs at the Majestic Hotel and Lanai Towers on lllUrsday and Friday, April 18-19. Speakers and topics for this year's program include Spence A. Lemons of Fort Smith, who will discuss, "Effective Oil and Gas Commiss,ion Orders on Lease Obligations;" Edward P. Jones of Eldorado, whose topic will be, "Recent Developments in Oil and Gas Law;" Edward A. A1barez of Washington, D. C, who will address a loncheon on April 18; the subject of "Gas Royalty .:- At What Price," whjch will be discussed by Louis A. Fischel of Ardmore, Oklahoma, and Lewis G. Mosburg, Jr., of Oklahoma City; "Measure of Da III a ges from Drill and Producing Operations," which will be discussed by Paul M. Shaver of Fort Smith; "Our Improving Technology for the Recovery of Oil and Gas," whjch will be the subject of Wyatt H. Thomas, Vice-President of the Arkansas-Louisiana Gas Company. from 10
Shreveport; and a luncheon talk by Dorsey M. Ryan of Fort Smith on "A Geologist's Opinion of Lawyers and Landmen." Co-chairmen for the Institute are Robert W. Vater of Fort Smith and Edwin B. Keitll of Magnolia. Also participating in the program will be Winslow Drummond, Chairman of the Executive Committee of the Arkansas Bar Association. In addition to the two luncheons mentioned, a hospitality hoor is planned on the evening of Thursday, April 18 for registrants. A style show with door prizes is planned for the ladies. The Arkansas Oil and Gas Institute is recognized as one of the better programs of this type, and has attraeted increasing attention from lawyers and others interested in the mineral law field from outside of the state. It is anticipated that a substantial number of tl,ese individuals will be in attendance at the program this year. â&#x20AC;˘
by William F. Sherman Ass!. U.S.Attorney Eastern District of Arkansas
We read and hear much today about resistance to the draft. Many of our young men oppose the war in Vietnam and refuse to be inducted into rrtilitary service. Others claim exemption from military service as conscientious objectors. Apparently, there is indeed an active, serious movement in this
country against the draft. A discussion of draft law enforcement is now topical. We read and hear much today about resistance to the draft. Many of our young men oppose the war in Vietnam
and refuse to be inducted into rrtilitary service. Some of them claim exemption
frolll military servtce. as conscientious objectors. A discussion now of draft law enforcement, in view of the current, active movement against the draft, would seem appropriate. Open and organized violation 0-[ law is a grave concern for this country) but
the problem should not be overestimated. Today's movement against the draft is no more serious by comparison than the one which existed during the Korean War. A recent report by Attorney General Ramsey Clark gave some interesting statistics. There were 642 prosecutive actions filed against violators in 1966 and 1,306 in 1967; and in the year 1954, there were 1,022 prosecutions. Without disclosing the exact figures. he reported that the number and percentage of men who faiJed to report for induction was lower now than in the Korean War. Nevertheless, there has been a significant increase in Selective Service violations in the last year. The number of prosecutions in Arkansas, as in other states, has greatly increased. Most practitioners never have occasions to represent defendants in Selective Service cases, but if the number of violations continues to rise, necessariJy more attorneys wiU be retained or appointed to represent violators. Thus, a study of enforcement policy and problems rrtight be valuable as a practical matter. Organization of the Selective Service System The strength of the Selective Service System lies in its decentralized
structure. TI,e idea of giving ti,e ultimate power of classification and selection to small bodies of citizens representing their respective communities is particularly attractive to us because it is democratic. To be strong, any public institution needs public confidence and support, and the public more readily lends its support to decisions affecting it when the decisions are made by popular bodies. TI,e popular bodies in Selective Service are the local boards and the appeal boards. Local boards are popular, or representative, only in the sense that they are filled by political appointment and each member normally lives in the county where his board is located. Each board consists of three or 1110re uncompensated civilians appointed by the President on recommendation of the Governor. TIlis is distinguishable from a system adrrtinistered by professional government employees. Every county in the United States has at least one local board. 4,088 in number, they are the foundation of the system. TIle essential functions of the system, registration, classification, and selection, are performed at this basic level. TIle decisions made there are final, subject only to a registrant's right to appeal. Appeals from local boards are taken to appeal boards. TIlese boards normally consist of five or more uncompensated civilians appointed by the President on recommendation of the Governor. 111ere is one appeal board in each Federal Judicial District. 111eir decisions are also considered final, but in cases where one or more members dissent, registrants may appeal to the National Selective Service Appeal Board. TI,e three members of the National Selective Service Appeal Board are civilians, appointed by the President. TI,e National Board has authority, which is delegated from the PreSident, to hear appeals and render final decisions in Selective Service cases. 'Nhether or not there are dissenting votes in the appeal boards, appeals may be taken from appeal board decisions by direction of the state directors of '1
Selective Service or the nationaJ director. Besides the large corps of civilian appointees, who have ultimate authority in the classification of all registrants, there are fuU-time professionals serving as clerks and secretaries for the boards and the state offices. TIlere is also a relatively small group or mHitary persons who administer the system. Still another group of civilians, such as lawyers, doctors, and manpower specialists, serve the boards as technical advisors. Prosecution of Selective Service Violators Under the present law, the Armed Forces, and not the Selective Service System, are responsible for acceptance and induction of registrants. Until they are inducted, registrants remain under the jurisdiction of local boards and violators arc prosccu ted in the' civil courts. After induction, they are subject to Court-martial and other military disciplinary procedures. In most cases, registrants are not prosecuted until after they have refused induction. If a registrant rails to report for induction, or if he reports but refuses to take the oath, he is subject to prosecution under 50 App. U.S.c., 462 for railure to perform duties required of him by the Selective Service Act. A convicted defendant may be punished by "imprisonment for not more than five years or a fine of not more than SIO,OOO," or both. When a registrant "fails or neglects to perform any duty required of him under the provisions of the Selective Service Law," he may be declared a delinquent, be given a priority position on the induction lists, and then be ordered to report for induction. See 32 C.F.R. 1602.4, 1631.7, and l642.4 (Supp: 1967). The delinquency reguJatIons, Cited here, concern duties affecting the registrant's own st.atus. As the Director of Selective Service, Lt. Gen. Lewis B. Hershey, and Attorney General Ramsey Clark said in a joint statement, dated December 9,1967, Continued on page 12
"It has lung been the law that a registrant whu violates any duty affecting his own status (for example, giving false information, failing tu appear for examination, or failing to l1;Jve a draft card) m;Jy be declared a 'delinquent' registrant by his luc,l d"ft bo"d. Under consistent pr'lclicc, infurmatiun received by federal law enforcement officials regarding a registrant's uwn status is turned over to his loc.t! draft board for appropriate action. Whcn a person is declared to be a delinquent registrant by his lueill board, he mLlY be recl<lssificd and becomes subject to the Ilighest priority for induction if otherwise qualifted. If he f,ils to step forward for inductioll, he is subject to prusecution by the Department uf Justice. This procedure is firmly established, approved by the courts, ill1d hLlS beell fullowed since the enactment of the 1948 Select ive Service Act, as well as under earlier Selective Service I\cts." Whcre a registrilnt fails to perform ;J required duty LlITecting !lis own status, hc may, therefore, be reclassified by his draft buard :llld inducted. The quest ion whether dmft hoards Jllay "punish" registrLlnts whu cUllllllit "illegal" acts while engaging ill anti-war protest activities was raised on October 26, 1967 when Ihe Director of Selective Service wrote a leller to the natiun's draft bUiJrds. I-Ie iJsked that persons who "illegally" interfere with operatiuns uf the Selective Service System be reclassified and acceler:lted ror inductioll. If the boards had carried Ollt this request, it could have llle;Jnt immediate induction for violators 35 ycars old and under who wcre classified I-A. Responding 10 the strong protests which followed, Gcneral Hershey and Allorney General Clark issued the joint statemcnt of December 9, 1967, referred to "bove, which read in part as follows: "Lawful protest activities,
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whether directed to the draft or other national issues, do not subject registrants to acceleration or any other special administrative action by the Selective Service System ... The lawful exercise of rights of free expression and peaceful assembly have incurred and will incur no penalty or other adverse action. These rights arc gu,,,ntecd by the Constitution. They arc vilal to the preservation of free institutions, which our men in Vietn<llll arc fighting to protect." The public debate cOlltinued. General Hershey, <Jccording to newspaper "ccounts, insisted that draft boards should reclassify those who commjt "illegal" acts while carrying on their protests. The White House issued a statement clarifying government policy, reported in the Arkansas Gazette on Dec. 31, 1967, which read in part: "The Selective Service System is not an instrument to repress and punish unpopular views. Nor does it vest in draft boards the judicial role of determining t he legality of individual conduct." The question is whether a given activity is "legal" or "illegal." If it is "legal", certainly draft boards cannot punish those engaged in it by reclassifying thelll and accelerating them for induction. If the conduct in question is "illegal" and it relates to a registrant's own status (the situation discussed above), his drart board can reclassify him and place his name at the top of the inductioll lists. Otherwise, if a regist r:Jnt commits acts which a local bo"d reg,rds as "illegal", but he has performed all duties required of him under Ihe law, it is doubtful that the local board can accelerate him for induction. In Wolff v. Selective Service Local l3<",d No. 16, 372 2d 817 (2nd Cir. 1967), Iwo slUdents were declared delinquent and were reclassified fur demonstrating against the war in Vietnam. It was charged that the students failed to perform a duty required of them for violating Section 12-A of the Universal Military and Training Service Act as amendcd, which Inakes it an offense to "knowingly
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l-under or interfere or attempt to do so in any way, by force or violence or otherwise, with the administration of this title." The court held in part that no regulation authorized" local board to declare a registrant delinquent or reclassify him for violating this provision. As a general rule, the legality of activity directed against the Selective Service System is determined by the courts, and not by local boards. Persons who counsel, aid, and abet others to violate the Selective Service laws or engage in conspiracies to violate these laws are prosecuted in the courts. TIle much publicized case against William Sloan Corrin, Jr., Benjamin Spack, and others in the District Court of Massachusetts is such a case. Destroying, mutilating, or surrendering draft cards arc violations, and if the violators arc 35 years old or under, action can be taken by the local boards under the delinquency regolations. If they arc not subject to induction, because of age, physical condition, or other reasons, prosecutive actions may be taken against them in the courts. As the purpose of the Selective Service Act is to induct men required by the Armed Forces and not to put people in jail. violators arc given every opportunity to consent to induction before they are prosecoted. Thos, they will not be prosecuted if they later comply with the board orders, whether or not prosecutive actions have been fj led. G"nd jury indictments filed be fa re violators have complied are dismissed. And Selective Service regulations allow convicted violators serving prison terms to be paroled for induction and military service. TIlis is a tole"nt policy. Some people may renecl on the wisdom of allowing young men to decide when they will obey the law and removing their punishments when they do. From the opposite point of view, the basic object of securing men for the Armed Forces is accomplished, and the tole,",l1 policy makes appropriate allowances for the inconstancies of youth. Classification of Conscientious Objectors In the classification of regjstrants witJlin their jurisdictions, local draft boards have comprehensive rights. No onc can control their decisions so long as their decisions comply with existing law. For instance, the boards were under no requirement to obey the national director's instructions to accelerate for induction young men who violate the law in their anti-war protest activities. Instructions and opinions from the national director to local boards are directory and not mandatory. Another example of their wide authority, local boards determine Continued on page 13
12
whether to allow conscientious objector claims. Their wide authority in classifying registrants results from the limited review of local board decisions. /I fcdcral court will not consider the correctness of a local board classification if there is any "basis in fact" to support it. Witner v. Unitcd States, 348 U.S. 375 (1955). Whcn a man is under indictment for refusing induction, there are only two questions before the court: Was there a "basis in fact" for the clas~ sification? Was there procedural due process? TIlC section of the Selective Service Act exempting conscientious objectors from military service has been very controversial. Individuals opposing the war in Vietnam frequently claim to be conscientious objectors. The majority of selective service prosecutions involve men whose claims for exemption as conscientious objectors or as ministers have bcen dcnied by local boards. There are no legal grounds for defying the draft laws. For that reason Ihe American Civil Uberties Union on February 2, 1967, announced that it would not represcnt those who oppose the dral't. It is well scttled that conscription in wartimc or in peacetime is constitutional. Sec Selective Draft lAw Cascs, 245 U.S. 366 (1918). It has been stated that "there is no constitutional right of exemption from service in our Armed Forces all account 01" religious training or conscientious scruples against participation in war, or for any other rcason," Roodcnko v. Unitcd States, t 47 F.2d 752 (10th Cir. 1945). It is imporl;.lllt to rcmember that the exemption for conscientious objectofs is in the law by exercise of legislative grace. Sec United States v POlllorski, 125 F. Supp 68 (W.D. Mich 1954), afrd., 222 F.2d 106 (6th Cir. t955) ccrt. den., 350 U.S. 841 (t955). To be qualified for the cxemption, a claimant must be "by reason of religious t ra ining and belief," "conscientiously opposed to participation in war in :.Il1y form." TheSclectivc Service /lct of t967, Section 60), 62 Stal. 612, 50 App. U.S.C.. 456 0). The objection IllUSt be to warfarc in general and not to any
particular war. Therefore, a man whose objection to mill tary service is based on an opposition to the war in Vietnam has no right to exemption under this section. In the Military Selective Service Act of 1967, Congress modified the section exempting conscientious objectors from military service in two significant respects. That section provides that "the term 'religious training and belief does not include essentially political, sociological, or philosophical views or a merely personal moral code." Prior to thc 1967 /lct, that section also provided that "religious training and belief in this connection means an individual's belief i II a relation to a Supreme Being involving duties superior to those arising from any human relation,. ." The elimination of this provision renects a reaction by Congress against a recent Supreme Court decision, United States v. Seegcr, 380 U.S. t63 (1965). The Seeger case involved three defendants who belonged to unorthodox religious sects. TI,e Supreme Court, in holding them qualified for the exemption, stated that the exemption was meant to include members of all religious faiths and that "the test of belief 'in relation to a Suprcme Being', is whether a given belief that is sincere and meaningful occupies a place in the light of its posscssor parallcl to that filled by the orthodox belief in God of one who clearly qualified for the exemption." l1le Act also eliminated the provision which gavc rcgistrants appealing local board dccisions denying their claims of conscientious objection the right to have t heir cases referred to the Department of Justice for inquiry and hearing. /lppeal boards were required by law prior to thc 1967 Act to rel'er conscientious objector cases to the Department of Justice. Special hearing officers were appointed to hold hearings and recommend acceptance or rejection of the claims. The hearings were informal, and claimants could testify, present affidavits, or have others lestify in their behalf. On the basis of hearing officer reports, the Department of Justice advised the appeal boards of its
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WILL PAY reasonable price for a copy or any of the I'ollowing: (I) Acts passed at 13th session or thc Arkansas General Assembly begun November 5, 1860 and ended January 21, 1861, uttle Rock, 186 I; (2) Acts for 13th or special session begun November 4, 1861 and ended November 18, 1861, Little Rock, t 861; (3) Acts I'or 13th or special session, begun March 17, 1862 and ended March 22, 1862, Utile Rock, 1862. All three items issued by Johnson and Yerkes, State Printers. Robert N. Anderson, Esq. 2732 No. 18th Street Arlington, Virginia 22~OI recommendations. Appeal boards were not required to accept the recommendations, but probably they did in most cases. The ultimate question in each case was the claimant's sincerity and good raith, that is, ifhe objected to war in any form and if his objection was based on religious training and bclief'. A claimant's sincerity is also the main question I'or the local board when it considers his claim, Determining whether an individual is sincere in his religious beliefs is no cady charge. Board members must resist the tendency to judge the reasonableness or a claimant's beliefs rather than the sincerity with which he holds them. All the facts reflected in his selective service ftJe arc relevant in determining the genuineness of his professed beliefs, As the claimant's demeanor is perhaps more important than objective facts in determing his state of mind, he should make a personal appearance before his board to present his claim. The registrant must request this hearing, however, since it is not mandatory thaI he have one. As a conscientious objector claimant no longer has a right to a hearing by the Department of Justice, the local board should encourage him to take advantage of his right to appcar. It should be imperative that he be granted a personal interview by someone. It is now the exclusive responsibility of the Selective Service System to insure that registrants are correcntly classified. Concern must be shown for the very small minority who for reasons of conscience and religious training are unable to participate in the Armed Forces and who honestly qualil'y for exemption. II is a fault or the Selective Service System if young men are incorrectly classified. Concern must be shown for the very small minority who for reasons of conscience and religious training are unable to participate in the Armed Forces.
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Young men who violate our Selective Service laws are hardly ever common criminals. They are often deeply committed to their particular beliefs and ideals. II is depressing seeing them go to prison. But no one has suggested a workable allernative .â&#x20AC;˘
Some Unusual Problems Arise
WHEN A TRAIL LAWYER TESTIFIES FOR HIS CLIENT A strange and anomalous doctrine has grown up in American case law relating
Co., 220 Ark. 708, 713; 249 S.W.2d 557. the Arkansas Supreme Court,
to the effect of a trial lawyer essaying
commenting upon the propriety of an attorney withdrawing from a trial when it became important for him to be a witness, said: ;'The actions of Mr. Cooley in withdrawing from the trial of the case as counsel for appellee when it became necessary that he appear as 0 will1ess is highly commendable. The actioll is in accnrd with the Cauons of Flhies of the American Bar Assocation which this court ha,'i adopled as Ihe stalldard oj' professio/lal COllduct of allOrlleys. ,. Again in Norton v. Norton, 2'27 Ark.
the role of witness in behalf of his own client, When a professional baseball player
violates a rule of the game, his conduct normally has a direct impact on the game
itself.
For example. if a
base runner were held by an infielder while an outfielder threw in the ball, the resulting penally would immediately advance the runner 011 t:1C bases. If one accused of crime is convicted upon evidence which was illegally obtained by the police. the conviction
will ordinarily be set aside and the accused uften released.
But when a lawyer leaves the arena of combat and ascends the witness st,lIld 10 give evidence for his client, there resuhs
some of the most oblique judicial reasoning that the case books contain. Most states, including Arkans<Js. have adopted the Canons of Professional Ethks first proposed by Thc Amcrican Bar Association. Canon No. 19 rcads as follows:
'When a lawyer is a willless for his client. except as to merely formal miltters, such as the attestation or cllstody of an instnonew and the like, he should leave the trial of the case to other counsel. Except when esse/lfial to the ends of justice. a lawyer should avoid testifyillg ill court ill behalfof his client. .. Although the wording of this Canon
is in some respects indefinite, the intent is to prevent a lawyer from testifying for his client unless there is no other means available to protect the client. Wording of the Canon itself could be tightened up to say precisely what it
means and delete the wide areas left for honest disagreement or intentional violation of the spirit of the rule. In Strickland v. Qoality Bldg. & Sec.
799,800; 302 S.W.2d 78, the Arkansas
court had occasion to make as a passing '路 ... Richard's atlOme)' asked permissioll to withdraw jrom the case. since he felt he should become a witness, This permissiun was grawed. " From these two citations one mighl easily and rationally conclude Ihat trial lawyers musl, as a matter of established policy. withdraw frolll a case any time they decide to testify for their clients. BUI any such clear-cut reasoning can lead counsel far astray. Arkansas joins a host of olher states in lending dignity to this bon mot of legal gymnastics: "The overwhelming weight of authority !mppvrts the view that, although it is a grave breach of professiollal elhies for an attorney of a party 10 testlj.y as to anything other than mailers of a formal nature without withdrawing from the litigation, he is not incompetent to testify, and his testimony is clearly admissible... ". . 118 A'L'R'954. The most tortuous and agonizing application of this self-contradicting 14
By Lee J. Ward
rule of lrial practice has been given us by the highest court of appeal ill
Connecticut in Miller v. Urban, 195 A 193. I 18 A'L'R' 95 I. ill these words: . 'On occasions, happily infrequent, when tlte mailer of acting in the dual capacity of counsel and witness has been before us, we have emphat ica/~y discountenanced the practice. When counsel becomes a witness ill behalf of tilis c1iellt ill tile same cause on a material matter. not a mere formal mailer stich as the allestatinn or custody of an instrument and the like. and 110t in on emergency to olloid dej'eat of the ellds of justice but haIling knowledge thaI he would be required to be a witness in time to relinquish the case tn () t her counsel. he violates a highly important rule uf professional conduct now formalZl' expressed in the Code of Prufessiollal Etilics. "
"/Iowever, the great weight of authority ;n this country holds that the impropriety vj' an attorney so lesllfying is a malter vf professional etiqueue and not olle of strict law, and that the admission of testimony under such circumstances is not reversible error. Reliance has been placed, instead, upon the restraining influence of a professiollal educatioll alld the upinion of the bar and bench. and the liahility 10 discipline for persistent misconduct, as competelll to suppress evils of this characler. "
.. We have held... that IVhere all attorney has testified in a case ill IVhich he also appears as
and judges frequently wondering to themselves what kind of ethical sense mo t ivates their legal brethren. The
counsel, the admission of Ihal testimony does not constilute reversible error... and thal an allorney participating in the trial of a case is nol thereby rendered legally illcompetem to
Canon creates more problems than it solves. The real meaning and sense of Canon
testify, alld if he offers IU do so,
could do would be to remind him of ~~le impropriely of his
compensation for work done on the case and withdraws from further participation. This straight-forward interpretation and application of unambiguous language would instantly
conducl.
free both lalVyers and judges from the
the courl could nol {reot him as disqualified,
bUI
fhe most it
No. 19 dictates that when a trial lawyer
decides to testify in his own trial he, by that
act,
forfeits
all
right
to
One other example of this most
necessity
to engage in ethical
somersaults and double-talk.
Moreover. whatever application this rule is given as to any particular attorney should also apply with equal
force to his partners and associates in lhe same firm. Flynn v. Flynn, 119 N.E. 304 (III.); Allen v. Ross, 225 N.W. 831 (Wis.),64 A.L.R. 180; Annotalion 118 A.L.R.959.
It is high time thar we disavow any idea a trial lawyer can in the same act and breath be both ethically wrong and legally right. •
illugic..tl method of rC<lsoning comes 10
us frum the Supreme Court of Illinois in Murgan V. Ruberts, 38 II!. 65: "lIowever indecent it may be
in practice for an attorney
Arkansas Eminent Domain Digest
retained ill a case and managing it to be a witness also, we
Compiled by the University of Arkansas for the Arkansas State Highway Commission.
camwl say he is incompetent, and must leave him 10 his own convictions of what is ,ight and
proper
under
207 PAGES
$6.00
Arkansas Statutes Annotated
such
circumstances. "
21 Volumes with Current Supplement $175.00 in the
Si milar cxamples from other jurisdictions could go on almost without limit. but this study is not meant to exhaust citations. The purpose here is to focus attention of the bench and bar upon what this writer sincerely believes to be a clear abdication of our duty to give meaning and substancc to CmlOn No. 19 of our Codc of Professional Ethics. Lawyers and judges undcr the immcdiate <lnd unrclcnting pressure of a trial cannot be expected always to rise above human frailties. The most conscicntious and cthical lawycr has cmerscd himself dccp in thc bowels of his casc. If he's wOrlhy of his hirc, he is bent on winning his clicnt's cause by an honorablc mcans; but. in the heat of battle, his sense of honor might well become t<lrnished. He should not be callcd upon to decide whether he will grossly violate and tr<llllpic upon professional ethics or, as <In alternative, either step aside and lose his fcc or possibly suffer his client to lose for W;Jllt of the only available witness. TI1C trial judge, under current rulings, is in no position at all to declare a
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puliey. If he allows the trialatlorney to
testify and continue in the case, the judge himself is helping to rape ethics. On the other hand, if the judge decides to give substance to Ci..lnon O. 19 and
compel the attorney-turned-witness to withdraw from the case, then he stands to get reversed. How can the trial judge win? It is respectfully urged that Canon No. 19 ought to be enforced or it ought to be entirely abandoned. All it
accomplishes now is to leave lawyers
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Five UCC Seminars Set For Spring by Dr. Rober! R. Wright "The Uniform Commercial Code Revisited" will be the subject for a series of regional spring seminars to be
presented at various locations around the state as a part of the Continuing Legal Education Program. These seminars arc intended to deal with specific problems of particular interest to practit:ing allorncys with respect to the Uniform Commercial Code. TIley arc not intended to provide either an in-depth coverage of the Code or to provide a survey of the Code in its entirely. It is thought that by emphasizing problems of particular interest to practicing iltlOrncys in connection with the UCC, a greater contribution l1l<Jy be made 10 the use iJl1d understanding of il. 111CSC programs will last fur olle day only and will t<lke plilec ill five Joc~lions on v<.Irious Frid<.lys during March, April iJnd M<.IY. The first such progr"II11, for Southwest Arbnsas lawyers, will be held al Tex<.Irkana on March 22, in the Texarkana Room of the Tex<.Irkana alional Bank. It will be followed on MiJrch 29 by iJ prugfiJl11 for Southeast Arkansas iJltorneys to be held in the Town Iiall of the N',1lional Bank of COl1llllerCe in Pine BlurI'. On April 5, this sallle progr;lI11 will be prescnted al the IloJiday Inn in West Memphis for Northeast Arkansas practitioners. Central Arkansas' presentation will take plac~ on April 12 in the Conference rool11 of the Worthen Bank in Little Rock. The Northwest Arkansas presentation will be held at the University of Arkansas l..<.lw School in F,yetteville on M,y 3. The subjects to be covercd include "Sccurity Agrecments and W(.Irehouse Receipts." "Descriptions and CI<.Issifications of Collateral," "Warrcnties and Products LiiJbility," "The uee and Stat utory and C0l111110n I...:tw Liens,.. ,nd "Problellls of UCC Creditors in Bankruptcy.n The program will begin <.It all !oc:Jliolls al 9:30 in the morning and will adjourn (.It 4: IS in lhe afternoon. Speakers for the progr'lll will include Professor T. J,mes McDonough of the University of Arkansas Law School in Fayetteville. Geroge E. Campbell of The Rosc Firm in Uttle Rock, Professor Jeromc F. Leavell of lhe University of Arkansas I...:tw School"s Little Rock Division 0 I' the Law School, and Claibourne W. Patly, Jr. of Henslee ,nd Patly of Little Rock. George Campbell will discuss the preparation and filing of security agreements, including various types of security financing, problems relating
thereto, and the alterations necessary under various circumstances. He will also cover the establishment of the security interest and riling problems, as well as particular problems and peculiaritics with relation to warehouse receipts under the UCC Professor McDonough will follow Mr. Campbell's presentation with a discussion of the classification of eoll"ter,1 for purposes of appropriate description in the security agreements, the description uf general intangibles, interests in chatlcls connected to land such as fixturcs and growing crops, and
the necessity of precision in describing the security intcrest. Professor Leavell's discussion on warranties and products liability will include a discussion of express and implied warranties, breaches, defective products, and related problems includjng traditional concepts of tort liability as compared to liability under the UCC; Mr. Patty's subject will include a discussion of secured transactions in bankruptcy matters, areas of conOict between the UCC and the Federal Bankruptcy Act, the rights of secured creditors in Chapter XIII wage-carner proceedings with particular reference to the right of the secured credhor to demand payment of contract rights specified by the security agreemenl and Continued on page 18
Half your case IS a WELL PRINTED
and . \PREPAHED ~ BRIEF
fih('f.'ol/w N .jJ~/NI/}fff C{?o. State & Federal briefs rhllits I Rtli O... 1ltl
THE lAWYERS MINTER .~tI('J,:'/4
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Are you briefing a case on appeal? Would you like to bring smiles of pleasure to the faces of the Justices when they read your brief'? If you are and would, then above all things remember to reference your abstract of
testimony to pages in the record, and reference it fully. Nothing exasperates a Justice more than having to review fifteen or twenty pages of testimony in the record to find the single statement he's looking for, when careful refercueing would enable him to turn to the
page in question without delay. If doubt exists as to how often to insert references, try to ajm for at least three on each page of the abstract, but
be sure that there are a minimum of
JURIS DICTUM Hints To The Wise by C. R. Huie Executive Secretary State Judicial Council
two.
In addition, it never hurts to review Rule 9 and make sure that aU requirements have been met. In this connection, comments by Chief Justice Carleton Harris appearing in Volume 19 of the Arkansas Law Review beginning at page 67 are worthy of reading and re路reading. They contair. suggestions which, if followed, will certainly do no harm to the advocate's cause. Some of these comments are quoted below. "I first suggest that you obtain a copy of the procedural rules of the Supreme Court. The last edition was printed in January, 1963, and you have but to request a copy from the clerk, and it will be given to you without charge. It would be, of course, impractical
for
examine each
me to
attempt
rule, and
to
I shall
accordingly devote my allotted time to
a discussion of the more important regulations, with mention of those that have been most recenlly added. In using the term 'important' I have reference to those rules, the violation of which, will occasion either the dismissal of your appeal, or the prompt affirmance of the trial court judgment. "Paramount, of course, is Rule 9, which refers to the contents of abstracts and briefs. The most portent subsection
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under Rule 9 is (d), and infraction of this provision will result in the action just mentioned, viz.. an affirmance of the judgment of the trial court witho"t further ado, i.e., an affirmance without examination of the merits of the case. Subsection (d), in its entirety, reads as follows: The appellant's abstract or abridgement of the record should consist of an impartial condemnation, without comment or emphasis, of only such material parts of the pleadings, proceedings, facts, documents, and other matters in the record as are necessary to an understanding of all questions presented to this court for decision. The abstract shall contain full references to pages of the record. When testimony is abstracted, the first person, rather than the third person, shall be uscd. The Clerk will refusc to accept a brief that is not abstracted in the first person. Whenever a map, plat, photograph, or other exhibit must be examined for a clear understanding of the testimony, the appellant shall reproduce such exhibit by photography or other process and attach such reproduction to the copies of the abstract file in this court, and scrved upon the opposing counsel, unless this requirement is shown to be impracticable and is waived by the court upon Illotion. "Permit me to discuss some of these provisions, line by line. The 'abstract of the record should consist of an impartial condensation, without comment or emphasis: We recognize that it is human for the attorney, representing his client, to view the matter with jaundiced eye, but, to me, one of the distinctive characteristics of a good attorney is the ability to abstract impartially. One of the most frequent violations of this particular portion of the rule consists of quoting several pages of questions and answers from the transcript, which favor the appellant's cause. After abstracting a portion of the record in the proper manner, the attorney will suddenly quote vertatim anywhere from five to fifleen pages (brief size) from the transcript. Certainly we find no objection to short excerpts from the testimony - but no more than that! The t ra nscript pages, wherein testimony favorable to the appellant is shown, can 17
be called to our attention in the argument section of the brief. Even there, it is unnecessary to U~ several pages in copying this testimony. Portions of the abstract section should never be italicized, or emphasized by heavy or dark print. Here again, wait until your arguments are being advanced. "Continuing, tine by line, the abstract should consist of 'only such material parts of the pleadings, proceedings, ... as are necessary to an understanding of all questions presented to this court for decision." WhiJe most of the cases affirmed because of violation of Rule 9 (d) (and there have been dozens) have been affirmed because of insufficiency of the abstract, some have also been affirmed because of an excessiveness or supernuity of the abstract; or perhaps, I should say, a lack of condensation. I recall very vividly that we received one abstract which was practically a copy of the transcript. If the members of the court had taken time to read it, we would only have been able to hand down one opinion that week. "May I also call your attention to the fact it is no longer possible to rectify the error of an insufficient abstract, by supplying the deficiency in a reply brief. The court in past years, reluctantly (I am informed), permitted this to be done. But the practice is no longer acceptable, as pointed out in the case of
Reeves v. Miles. 236 Ark. 261, 365 S. W. 2d 460 (1963). Nor will a motion to supplement the abstract be permitted after the appellee has filed his brief.
Tenbrook v. Daisy Mfg. Co., 238 Ark. 532.383 S. W. 2d 101(1964). '''Ihe next semences were adopted as a rule in July, 1961, and read as follows: 'When testimony is abstracted, the first person, rather than the third person, shall be used. The Clerk will refuse to accept a brief that is not abstracted in the first person.' The rule formerly prOVided that 'TIle first person should be used.' Apparently, some of our attorneys arc still reading from the Continued on page 19
Continued from page 16
to foreclose a mortgage on the homestead of a debtor. In this discussion, something of a workshop approach will be employed. Registrants will be encouraged to participate by interrupting the speakers and by asking questions, as in a classroom type of prcsentation. The speakers will disseminate problems and other written material for discussion. Local chairmen for these regional programs are John F. Stroud, Jr. of Texarkana, Steve Matthews of Pine Bluff, Paul K. Ruberts of Warren, C. David Furrow of West Memphis, Cooper Jacoway of Little Rock, and Hugh Kincaid of Fayetteville. TIle registration fee for this program will be $10. An effort has been made over the past few ycars to maintain a low registration fee for regional programs of this type, and it is hoped that a goud attendance will be had at all of these programs in order that limited registration fees may continue 1O be maintaincd. •
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contacts the attorney, and usually results in bringing the file to the surface for some necessary action. Therc are a number of complaints about attorneys fees, most of wllich could be avoided by a clear understanding of the terms of employment. While the setting of fees is not a matter within the domain of the Ethics Committee, abuses in this area are an occasional source of inquiry. In addition to complaints from irate clients, the Ethics Committee is initiating some inquiries into areas of professional conduct. One of these is the HiJlegitimate divorce" practice where residency requirements have not been met. Tlus Committee has also studied and has recommended establishment of a Client's Security Fund which will be reported in the next edition of The Arkansas UIwyer. Having passed the course in Ethics I (crimes and offenses of the profession) and Ethics \I (violation of the Canons of Ethics), is there a need for any graduate work in the field? May we suggest that the most pressing need of our profession today is the regaining of the esteem and integrity which once characterized the bench and Bar. Indications arc all around us that the pendulum of public trust in the profession and of lawyers' own devotion to the causes of fair and impartial justice is taking a downward swing. If this is true, our failure to act as an etlucal profession-to supervvise our own conduct·-wiU surely result in greater controls from outside the profession, and greater encroachment by the "socialized bar" and others, into those areas where private law practice has abdicated its responsibility. Far too many lawyers show an alarming ignorance of the ethical standards and traditions of the profession, fail to realize the necessity for maintaining high standards which are above reproach, and never acquire a strong, knowledgeable professional pride. The highest level of ethical conduct, then, is the acceptance of ones own responsibility to conduct his practice in the grand manner, above reproach, with tenacious devotion to his client' cause and to the truth. Finally:lest fellow members of the bar should conclude that the Ethics Conunittee is hopelessly pessimistic about our professional situation, we refer you to the following quotation as a good working statement of the Bar of Arkansas: "/ have a high opillioll of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better to work with or play with or fight or drillk with, thall most other varieties of mankind. " Harrison Tweed, President, New York City Bar, inaugural address, 1946. •
Continued from page 9
delay or lack of communication. When a client entrusts his busincss to a lawyer it is imporlant to him. I-Ic expccts it to be hLlndled promptly and feels he is entitled to know how it is being handled. Those lawyers who ignore calls or letters from a client may be sure the client is likely to feel resentful, and may fire off a complaint 10 the Bar Association. Such complaints are handled by the Ethics. and Grievance Committee, which
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18
Continued from page 17
old rule book, and this is a grave mistake, for there will be no exception in the future enforcement of this provision. The clerk has already refused to accept several briefs because of violation of the rule. In one instance, where this was done, the lawyer simply went through his abstract with pen and ink, and changed all sentences to start in the first person. You can imagine what the abstract looked ~ke when he had fmished, and I need not say that such practice fails to correct the original error. Several attorneys have asked me the reason for the requirement that the first pcrson be used, it being their opinion that it is much easier to write a brief in the third person. I give an example: The testimony of a minister, who holds a doctor's degree, is being abstracted. The writer of the brief has the same aversion that I have to constant repetition of the same word. He therefore will say, 'The minister testified, etc.' - next line, 'The doctor said, etc.' - next line, 'TIle preacher
emphasized, etc.' - a line or two later, '111e witness exclaimed, etc.' I believe tilat you will agree that this method of abstracting can be somewhat difficult to follow. Not only that, but the use of the first person enables the members of the appellate court to somewhat attain a sense of participation in the trial itself. At least, I know, as a former trial judge, that I have this feeling as I read the events narrated by the witness. "The final requirement of subsection Cd) relates to the reproductions of maps, photographs, or other exhibits, and frequently the reproduction of these exhibits is essential to a proper understanding of the case. The court expccts these exhibits to be attached to the abstracts unless a previous motion has been granted wherein the requirement is waived. HI thus discontinue discussion of Rule 9, but would like to re-emphasize the importance of full compliance." Careful attention to these suggestions may not win your case on appeal, but will certainly be helpful to your cause.
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Bradley Counly Coul'lhouse Remodeled Members of the Bradley County Bar Association held dedication ceremonies recen tly for the remodeled and renovated Bradley County Courthouse in Warren. Tom Haley, president of the Bradley County Bar Association presided over the ceremony which saw Judge James W. Earnest,judge of the county court of Bradley, accept the keys to tile courtroom. As part of the ceremony Judge Earnest presented gavels to Judge G. B. Colvin Jr., circuit judge, 10th Judicial District, and Judge James Merritt, chancellor of the 2nd Chancery District. Members of the building committee for the county bar association were Clint Huey, Bob Newton, Aubert Reynolds and Ray Wood. Among the special guests at the program were: William S. Arnold, Crossett, president of the Arkansas Bar Association; Richard Earl Griffin, Crossett, state senator of the Nineteenth District; Nap Murphy, Hamburg, member of the General Assembly from the Forty-second District; C. R. Huie, executive secretary of the State Judicial Council; Judge Ray Ables, county judge of Calhoun County; Judge Carlton G. Gerry, county judge of Union County, and Frank Wynne, prosecuting attorney, Fordyce. â&#x20AC;˘
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One of the most unique fiying seIVices in Arkansas was started within the last month at North Little Rock. All America Air Taxi, Inc., the
new business, is the culmination of long months of pianning,however.
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AA1"s pilots and offieer~ are three capable businessmen and niers who saw the need for something different. TI,e president, H. W. Luplow is a former Arkansas Razorback and a veteran of combat missions over Vietnam. His associates are C. E. Harry Jr., vice president and chief pilot, and Ted D. Teaney, a h.ighly qualified businessman and also a fiier. The three have dedicated their abilities to making AAAT different enough to keep in both the public and business eye. One of the new and different ideas of AAAT is an air secretary seIVice, provided by Miss Rita Rogers, who doubles as hostess, for the businessmen with work to catch up on wh.ile they travel. What makes AAAT invaluable is that it is an aU-weather charter service. All nights are made with not less than two FAA qualified pilots aboard. The twin-engine aircraft is Instrument Hight Rules (IFR) approved by the FAA and all passengers are insured for $50,000 with an additional liability coverage of $1,000,000. Mr. Luplow, who captained Arkansas coach Frank Broyles first Southwest Conference Championship team and went on to lead the
Porkers to victory in the Gator Bowl, received his flight training in the Marine Corps. He was assigned to Vietnam and fiew 168 combat missions, winning ten Air Medals during his 13·mollth tour of duty. He completed his military career as a flight instructor in the Naval Air Advanced Training Command at Kingsville, Texas. Mr. Luplow is married and has a son, Britt, and a daughter, Lynn. His wife, Kay, is a former Miss Little Rock. Mr. Harry, a highly qualified pilot, will be in charge of all the fiight services and will qualify all pilots and co-pilots fiying for AAA1"
H. W_ Luplow
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Mr. Teaney will bring to AAA T his many years' experience as both a businessman and a flier. Mr. Teaney worked for ten years as a salesman and also managed llis own business for five years. He will direct the management end of the business, filling in as a pilot or co-pilot as needed. Mr. Luplow will direct aU operations at the North Uttle Rock Airport, in addition to doing much of the service's flying. Many of the ideas of All American Air Taxi, Inc., are meant to fill the void left by other charter services. TIley have been greeted with approval by large corporations and businessmen who have found AAAT uniquely suited to their needs. It may be well to remember the name because its aim~ are high and it has nowhere to £0 but up. (adv.)
-
• F.A.A. APPROVED
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AI R SECRETARY IF NEEDED
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INVESTIGATE OUR SPECIAL MEMBERSHIP FOR GREATER ECONOMY
AERO COMMANOER 1680EI 5-PASSENGER
~ PURELY SELFISH REASONS ( If No Other)
YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON
IF YOU ARE A MEMBER You Are eligible for participation
in the Association's Group disabil ity insurance plan. 0 v e r $115,000 cash in disability payments has been paid to members of the Association since the plan was started in 1946. The rates are approximately half what you would be required to pay for a personal pol icy .. assuming you could qual ify for the protection.
And
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Yo u Wi II serve
your profession by supporting the Association's continuing efforts to improve stands of legal education, of judicial administration and admissions to the bar. You help protect the lawyer's professional status by opposing unauthorized practice, and through an expanded program of publ i c s e r vic e activities.
DO~~~o~~~~~~iP
and " / the development of close friendships with your brother ,---:........:--==------------, lawyers at Association activities.
You Will receive
every issue of The Arkansas Lawyer which will bring you interesting, information articles about law, lawyers, court decisions, legal literature, meeting schedules, and news of developments of value in your practice. Your membership incl udes your Arkansas Lawyer subscription.
This is an opportunity tu serve yourself and the public as well.
ARKANSAS BAR ASSOCIATION
314 W. Markham Little Rock. Arkansas