by Ed Naile
Remember that Arkansas lawyer who uses State Senator Martha Fuller-Clark’s single family home in Portsmouth to vote in NH?
Well I need some help filling out this form.
Can anyone help me?
Bill Gardner, where are you????
How about Bud Fitch??? He is a smart guy.
Maybe Richard Head from the NH AG’s Office can offer some advice?
Arkansas Disciplinary Rules of Professional Conduct
[5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process. A lawyer should avoid even the appearance of impropriety.
[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.
[7] Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.
SUPREME COURT OF ARKANSAS – OFFICE OF PROFESSIONAL CONDUCT Justice Building – Room 110, 625 Marshall Street, Little Rock, Arkansas 72201-1054 (501)376-0313, 1-800-506-6631 Fax (501)-376-3438
GRIEVANCE FORM INSTRUCTIONS – PLEASE READ CAREFULLY (OK, I will)
ALL INFORMATION YOU SUBMIT TO US AND WE SUBMIT TO YOU IS CONFIDENTIAL UNDER SUPREME COURT RULE. ANYONE VIOLATING THIS CONFIDENTIALITY MAY BE FOUND TO BE IN CONTEMPT OF THE COURT AND PUNISHED BY FINE OR JAIL.
The Committee on Professional Conduct has the authority to discipline attorneys for violation of the Arkansas Rules of Professional Conduct adopted by the Supreme Court. The Committee can issue letters of warning, caution or reprimand, suspend the attorney’s license or file in court seeking permanent disbarment. The Committee’s authority is limited to matters addressed by the Rules and to the sanctions set out above. It has no authority to compel an attorney to take any particular course of action nor does the Committee become involved in litigation of legal matters. Please understand that the Office of Professional Conduct cannot represent you, give you any legal advice, effect or change the outcome of a court decision, or recover money for you.
If you feel that an attorney has acted in a manner that violates the standards of professional conduct, fill out, as completely as possible, the attached grievance form and return it to this office. Include photocopies of any documents, letters, agreements, or other papers that are relevant and material to your complaint. Please do not mark, write, underline, make notations, or comments on any records, transcripts, letters, documents or other written material that you attach to your grievance form as supporting documentation. If sufficient cause is found to file a formal complaint, some or all of your supporting documentation may be included as exhibits. If you wish to specifically point out some part of a particular document, you may refer to it in the narrative portion of your grievance form. Please insure that the narrative account of the lawyer’s actions of which you complain is FACTUAL. Conclusory statements such as “He’s a liar”, “He didn’t do me right”, “He’s incompetent”, etc., have no evidentiary value and do not assist in the evaluation of your complaint. If you feel the attorney did not represent you correctly, you should consult a private attorney about your legal rights. You should not wait for the outcome of any investigation or action by our office or the Committee.
We will review the information in your complaint form, conduct any necessary investigation and advise you whether your concerns fall within the Committee’s limited authority. If a formal complaint is warranted, we will assist you in the preparation of an affidavit of complaint. The formal complaint and a copy of your affidavit will be sent to the attorney, who may submit a response. You will get a copy of any response and have the opportunity for rebuttal, if appropriate. All these documents will then be forwarded to the Committee for its review and action. You will be advised in writing of the Committee’s final action. In some instances, the Committee will conduct a public hearing on a complaint. If that should occur, you will have to appear and testify at the hearing. This office does not provide copies of the Arkansas Supreme Court Model Rules of Professional Conduct. If you have access to the internet these rules can be found at the website http://courts.state.ar.us/professional_conduct/.
IT IS IMPORTANT THAT YOU RETAIN PHOTOCOPIES OF ANY DOCUMENTS YOU ATTACH TO THE GRIEVANCE FORM. TWENTY-FIVE CENTS ( 25¢) PER PAGE WILL BE CHARGED FOR ANY COPIES YOU MAY REQUEST FROM US IN THE FUTURE.
(1.1, Rev. 10-08-09)
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ARKANSAS SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT GRIEVANCE FORM
PART A: YOUR INFORMATION (please PRINT, keep current & notify us immediately of any changes)
Your Name:
Mailing Address:
City:
County:
State:
Zip:
Home Tel:
Work Tel:
Cell:
Fax #:
E-mail:
Employer:
Employer’s Address:
Are you represented by an attorney now? If so, please provide:
Attorney Full Name:
Attorney’s Address:
Attorney’s Tel:
PART B: INFORMATION ABOUT ATTORNEY ABOUT WHOM YOU ARE COMPLAINING
Attorney’s Full Name:
Address:
Does (did) this attorney represent you? Yes/No
If yes, when (month/year) was he/she hired?
What did you hire the attorney to do for you?
What was the fee arrangement? Please include copies of all checks and/or receipts.
Did the attorney or someone on his behalf contact you to see if he or she could represent you? YES NO
If you answered yes to the last question please answer the following three questions:
a. Did you request the attorney to contact you? Yes/No
b. How was the contact made? Phone – In-Person – Mail
c. Was the contact made by the attorney or another person?
Did you sign a Contract of Employment or Power of Attorney? Yes/No
If yes, include copies with your grievance.
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PART C: INFORMATION ABOUT YOUR LAWSUIT, COURT CASE
Give court, case number, & party names of any lawsuit (i.e. Doe v. Poe, Pope County Circuit, C- 04-017) Please include copies of any the docket sheet, Orders and any pleadings in this case. (These documents may be obtained from the Clerk of the Court in which your case was filed.)
COURT NAME:
CASE NUMBER:
PARTY NAMES OF ANY LAWSUIT:
PART D: INFORMATION ABOUT YOUR GRIEVANCE
State in detail and in chronological order the circumstances involved. Include dates or approximate dates. Attach additional sheets of paper if you do not have room below to fully explain your grievance. Also, attach photocopies of any documents you feel are relevant to your grievance. PLEASE DO NOT SEND ORIGINAL DOCUMENTS; WE CANNOT BE RESPONSIBLE FOR THEIR SAFE KEEPING AND RETURN TO YOU. (This office charges .25 per page to provide copies of any documents you may later need)
Return completed form to: Office of Professional Conduct, Justice Building, Room 110, 625 Marshall Street, Little Rock, AR 72201-1054. (Fax number 501-376-3438)
IF BLANKS ARE LEFT ON THIS FORM OR ALL QUESTIONS ARE NOT ANSWERED THE PROCESSING OF YOUR GRIEVANCE MAY BE DELAYED.
GRIEVANCES CANNOT BE FILED ON-LINE. YOU MUST MAIL/ FAX IT TO OUR OFFICE.
(Rev. 10-08-09)