Arkansas

Click on the links.  If it is blue, it is a link.  Please report broken links.

This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

The Arkansas Legislature has contracted with LexisNexis to provide the public with access to the state laws.

If you search Arkansas + LexisNexis you will find Arkansas Code Research Tool

To use the tool, read and agree to the terms, click in the box for the Title you think your law is in and use your search term(s)

 Rules of Conduct

Paralegal Regulation Confidentiality Conflicts of Interest Competence & Negligence

 

www.arkbar.org

To find the ethics opinions of the Arkansas Bar, use the website Search box. If you search "ethics opinions" it will provide you with the page link

Lawyer discipline

Go here and click on the link of the first few cases to see how the Court writes a disciplinary opinion. These are pdf files that will download when you click on them.

Search all state cases

Here you can research all of the recent cases of the Arkansas Supreme Court. These are pdf files that will download when you click on them.

If you search "Arkansas Paralegal" you will discover two:

Arkansas Paralegal Association (NFPA affiliate)

and Arkansas Paralegal Alliance. (NALA affiliate)

Rule 1.6

 

Byrd v. State, 326 Ark. 10, 929 S.W. 2d 151 (1996)

Rules 1.7 & 1.8

 

Lawyer disqualified: Purtle v. McAdams, 317 Ark. 499, 879 S.W. 2d 401 (1994)

Judgment set aside McAdams v. Ellington, 333 Ark. 362, ___ S.W. 2d ___ (1998)

Criminal defendants likely to testify against each other Eveland v. State, 54 Ark. App. 393, 929 S.W. 2d 165 (1996)
(If you search Eveland v. State -without quotes- you will find the case in pdf format)


Rule 1.1
UPL UPL/Misrepresentation Attorney/Client Privilege Advertising/Solicitation Client Trust Accounts

Arkansas has a Committee on UPL. You can find it by searching Arkansas UPL law (no quotes). That search will not, however, give you the actual law about UPL.

Arkansas Code Research Tool

use the search term "unauthorized"

 

Rule 5.3

2009 Case enjoining UPL in Pulaski County

Am. Abstract & Title Co. v. Rice, 358 Ark. 1, 186 S.W.3d 705 (2004).

 

It is mandatory for a nonresident attorney to file a motion pro hac vice, in compliance with Rule XIV, in order to obtain authority to practice in the courts of Arkansas.   See Fisher v. State, 364 Ark. 216, 217 S.W.3d 117 (2005).

Knight v. Day - read both the opinion and the dissent for two views of "preparing documents for review by an attorney." 36 S.W.3d 300 (Ark. 2001)

Arkansas has adopted the Uniform Rules of Evidence. Rule 502 protects confidential communications between the attorney and the client.

Attempts by both an attorney and his secretary to communicate with the client regarding his pending criminal case were protected by the attorney-client privilege. Rules of Evid., Rule 502(b).

Byrd v. State, 326 Ark. 10, 929 S.W.2d 151 (Ark. 1996).

How long does it last?

Swidler & Berlin v. United States, ___ U.S. ___, 118 S.Ct. 2081 (1998).

Rules 7.1 - 7.5


A search for

Arkansas + IOLTA

will bring you to the Arkansas IOLTA Foundation. The Foundation is part of the court system.

Fair Fees Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono
 

1.5

Arbitration of fees
Ar. Code §16-18-201.

American Rule State v. McLeod, 318 Ark. 781, 888 S.W. 2d 639 (1994)

Fee shifting by contract Griffin v. First National Bank of Crossett, 318 Ark. 848, 888 S.W. 2d 306 (1994)

 

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees 1.8(j)

To find the Arkansas LAP, do NOT search

Arkansas LAP

Search

Arkansas Judges and Lawyers Assistance Program.

 

Denied admission to the Bar due to history of drug and alcohol abuse. See Smith v. State Board of Law Examiners, Arkansas Supreme Court, No. 03-1308 (2004)**

Arkansas has many pro bono organizations. You can find them by searching

Arkansas + "pro bono"

Among them, you should find:

Arkansas Legal Services Partnership

 Legal Aid of Arkansas

Arkansas Access to Justice Commission

Special Duties of the Prosecutor Overly Zealous Conduct Misc.

 

Reporting Misconduct

Read the dissenting opinion in Burks v. State, Arkansas Supreme Court No. CR 09-609 (2009)**

 

 


Spoliation of evidence, Goff v. Harold Ives Trucking, 27 S.W.3d 387 (Ark. 2000)

 

Aiding a client in hiding his money from the IRS.Cambiano v. Ligon, Arkansas Supreme Court, No. 00-1297 (2001) **

 

 

 

Strict compliance with court rules, see Johnson v. Dawson (June 2010) No. 09-1367 Arkansas Supreme Court **

Attorney misconduct in failing to send a "courtesy copy" of a complaint? Should the Rules of Professional Conduct be the standard?
See Nucor v. Kilman, Arkansas Supreme Court No. 03-864 (2004)**

Judicial misconduct: Judicial Commission v. Proctor, Arkansas Supreme Court (2010) No. 09-738**

 

Attorney misconduct - pressing ear against the jury deliberation room door. Attorney who witnessed the misconduct did not report it until after the jury returned an unfavorable verdict. Union Pacific Railroad Company v. Barber, Arkansas Supreme Court No. 03-57 (2004)**

Please report broken links

 

** Found at www. caselaw.findlaw.com/ar-supreme-court /