A Periodic Newsletter of the Young Lawyers Section of the Arkansas Bar Association Vol. 15 #3

Hats Off 2

In the news 3

What Judges Want Interview with Judge Timothy Fox Jamie Huffman Jones 6

Interview with Judge Mackie Pierce Beth Burgess & Tom Buchanan 8

Interview with Judge Rhonda Wood Chris Burks 10

YLS Report Brian M. Clary 12

Representing TransgenderClients Michael V. Lauro, Jr. 13

Tasty Tips Rashauna Norment 15In

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In BriefIn Brief

Opportunities to write for YLS In Brief include:• Tech Tips (discuss technology that you use in

your practice, etc.)• Legal Articles (use this as an opportunity to

tell us about your favorite practice area, dis-cuss rule changes, analyze recent cases, etc.)

• Arkansas Traveler (play the part of a critic as you share your unique dining experiences, shops, hotels, entertainment venues, etc.)

• What Judges Want (volunteer to interview a judge and share the judge’s answers to your questions with other young lawyers)

• Tasty Tips (if you have a fun recipe you would like to share, submit it and it might be select-ed to be included in the newsletter)

If you are interested in writing for a future issue, please contact Tasha@TaylorLawFirm.com.

Write for In Brief!

2 YLS In brief www.arkbar.com

Corey D. McGaha has recently joined Emerson Poynter LLP as an Associate Attorney. Corey was previously with the firm of Patton Roberts, PLLC in Texarkana.

Michael V. Lauro, Jr., founder of Lauro Law, PLLC, a Little Rock law firm that focuses on providing gender transition assistance to trans-gender individuals, co-facilitated a discussion session on identity documents at this year’s annual Transgender Law Institute at the National LGBT Bar Association’s annual Lavender Law Conference and Career Fair. The theme of this year’s Institute was “Developing Competence and Expertise in Transgender Representation,” and concentrated on four areas: employment law, identity documentation, incarceration issues and health benefits/insurance coverage. For the press release, visit http://laurolaw.com/news/press-releases.html.

David M. Hogue and Brian C. Hogue have recently formed Hogue Law Firm, PLLC in Fayetteville, Arkansas. Their practice areas will include: family law, criminal law, real estate law, construction law, business law, personal injury,

and others. They can be reached at (479) 444-6311.

Aaron Brooks recently finished clerking for The Honorable Morris S. Arnold of the Eighth Circuit Court of Appeals, and joined the Chicago office of Sidley Austin LLP as an associate in the Corporate Department.

Lawson Baker recently joined Crews & Associates, Inc. as an Associate of the Capital Markets Group. He previously worked at Jack Nelson Jones as a Bond Attorney. Lawson was also recently married to Dr. Cynthia Caceres (of Monarch Dental in North Little Rock) on June 4th.

Anthony Johnson, joins three other attorneys to form a new firm, Butler, Horn, Nye & Johnson, PLLC and expands with the opening of new offices in downtown Little Rock and another in downtown Benton.

Matt Fryar of Cypert, Crouch, Clark & Harwell, PLLC, and his wife, Cori, welcomed their second child, Anna Claire, on June 1, 2011.

If you have information on YLS Members who deserve a “Hat’s Off” or would like to submit ideas for articles, please contact the editor of “In Brief,” Tasha Taylor at Tasha@TaylorLawFirm.com.

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Editor-In-ChiefTasha C. Taylor

Graphic Design & Layout

Anna Hubbard

Assistant EditorsCory Childs

Kristen S. MoyersBethany Pike

Andrew M. Taylor

Tech Tips EditorKeith Pike

What Judges Want Editor

Mandy Thomas

Recipes EditorRashauna Norment

ContributorsJennifer Carson

Tim PenhallegonMelissa Sawyer

H. Brock ShowalterDaryl TaylorJenny Teeter

Young Lawyers SectionChair: Brian M. ClaryChair-Elect: Vicki S. VasserSec-Treas: Anne Hughes White Immediate Past Chair: Brandon K. Moffitt

Executive Council:District A:

Ryan PettigrewBrian R. Lester Vicki S. Vasser

District B:Cory D. ChildsGrant M. Cox

Tasha C. Taylor

District C:Timothy R. Leonard

Susan WeaverRyan M. Wilson

At Large Representatives:Tessica DooleyCliff McKinney

Law Student Representatives:University of Arkansas at Fayetteville School of Law: Angela ArthertonUALR William H. Bowen School of Law: S. Kate Fletcher

In b

rief

YLS

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In the news

Become a fan! Join the Group! Arkbar Young Lawyers Section

John T. AdamsAngela ArthertonCecilia L. AshcraftChad L. AtwellAmber Wilson BagleyPhillip M. Brick, Jr.John R. Byrd, Jr.Zane A. ChrismanSuzanne G. ClarkBrian M. ClaryCharles E. Clawson IIIGrant M. CoxC. Michael DailyErik P. DanielsonJason EarleyFarrah L. FielderS. Kate FletcherWhitney Foster

Matthew L. FryarHollie GreenwayStephanie M. HarrisJackie Bernard HarrisShane A. HenryTimothy R. LeonardLeslie J. LigonGeorge M. MattesonEmily Sprott McIllwainJ. Clifford McKinney IIAnthony W. NoblinLisa-Marie France NorrisJohn P. Perkins IIIBrandon C. RobinsonGwendolyn L. RuckerShivali SharmaPatrick L. SpiveyWilliam J. Trentham

Curtis J. WalkerJ. Adam WellsWilliam Zac WhiteVictor D. Wright III

Seth T. BickettBrian M. ClaryTessica Cherie DooleyWade T. NaramoreBrock Showalter

Congratulations to 2011-2012 YLS House of Delegates Members:

YLS Board of Governors

Members:

YLS Volunteers at Humane Society of Pulaski County Dog Wash

On Saturday, August 27th YLS Volunteers helped raise over $1,000 for the Humane Society of Pulaksi County. Thank you to the volunteers and and those who brought their dogs in for a bath.

Save the Date2012 Annual Meeting

June 6-9, 2012Hot Springs

Brian M. Clary has been named Chair of the Young Lawyers Section. Since 2006, Brian has represented the State of Arkansas as a deputy prosecuting attorney in Saline County. He han-dles a general felony caseload for the office. Brian was elected to the YLS Executive Council in 2008 and has served on the Association’s Leadership Academy, Membership Development, and Long Range Planning Committees and the Editorial Board for Handbooks. He is also a member of the Saline County Bar Association. Brian is a native of Memphis, TN. He completed his undergraduate degree at Rhodes College in Memphis and received his law degree with honors from the University of Arkansas at Little Rock William H. Bowen School of Law. At Bowen, Brian served as member of the Law Review Editorial Board and as a representative on the Student Bar Association. Brian was recently selected to join Bowen’s Alumni Board.

Brian M. Clary2011-2012

Young Lawyers Section Chair

Meeting with Governor Beebe

Pro bono session in Hot Springs

Opening retreat at Lake Degray

Mount Magazine retreat

2011 Leadership Academy

Next LevelTake it to the

in Leadership2012 Leadership Academy

Applications due October 3, 2011Go to www.arkbar.com for more information

October 20 - 21, 2011

October 27, 2011

October 28, 2011

October 31, 2011

November 3, 2011

November 4, 2011

November 9, 2011

November 16, 2011

November 17, 2011

November 18, 2011

TBA

TBA

Bridging the GapUALR Bowen School of Law, Little Rock

Securities LawArkansas Bar Center, Little Rock

Project Management & Teamwork for Lawyers & Multitasking Gone MadUALR Bowen School of Law, Little Rock Nightmare on Ethics StreetLive Webcast

Fall Legal - CNAJohn Q. Hammons Hall, Springdale

Fall Legal InstituteJohn Q. Hammons Hall, Springdale

Environmental Law WorkshopArkansas Bar Center, Little Rock

Hot Legal Topics: Views from the Bench and Bar Hilton Garden Inn, Jonesboro

What You Do on Facebook Can Get You Fired Webinar

13th Annual Government Practice InstituteUALR Bowen School of Law, Little Rock

Financial Institutions

Health Law

-CLE

4 YLS In brief www.arkbar.com

Participation in YLS activities throughout the year will put you in the running for winning a great gift at the 2012 Annual Meeting.

Earn points by volunteering for YLS service projects and Association com-munity events, attending YLS meetings and social events, or referring new members to the Association. A member is entered into the contest if they accumulateoverfive(5)pointsduringtheyear(endingatthe2012AnnualMeeting in Hot Springs). Each member must attend at least one meeting, social event, and service project. The additional two points may be accu-mulated in any manner previously mentioned. YLS has been keeping track of participants, but it is your responsibility to let me know of referrals and Association community events. You can contact me bmclary@gmail.com.Good luck and we hope to see you at our next event! --Brian Clary

YLS Challenge Reminder

University of Arkansas School of Law/Arkansas Bar AssociationYLS Pre-Game TailgateParty

Arkansas Razorbacks v. Troy TrojansWhere: Tailgate Spot G-4

at Leverett Elementary School on corner of Cleveland Street and

Garland Avenue, adjacent to north-side of campus. Tailgate location is

behind the playground (look for the blue canopy)

2 pm until the game starts at 6:30

YLS Tailgate Party September 17th

Go Hogs!

Share the News about 18 & Life to Go

“18 and Life to Go: A Legal Handbook for Young Arkansans” provides young people with invaluable legal advice on important topics such as the management of credit and the various ways of settling disputes. It covers both civil and criminal legal issues. •Downloadforfreeatwww.arkbar.com•OrderontheKindlefor$2.00atAmazon.com•Orderapaperbackcopyfor$5.00onLulu.com

Forward the links to your friends and family in high school & college.

Make plans to present “A Level Playing Field: Why the American Legal Sys-tem Matters to You” at your local school. Please contact the Association at (501)375-4606formaterialsandmoreinformation.AshortexcerptfromtheDVDcanbeseenonYouTubeatthefollowingsite: http://www.you-tube.com/watch?v=tDvzw4QfI_gG

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Although the American legal system might seem complex and intimidating, it really has a lot in common with the game of football! Both have a set of rules, and require someone to interpret their meaning and decide whether they’ve been broken. Judges, like referees, endeavor to treat everyone alike, and have no interest in the outcome as long as it is fair. In a court case, like any football game, there’s a winner and a loser, but our Constitution ensures that no matter what, justice will prevail. In this short video and instructor’s guide, Arkansas’s finest judges, public officials, and lawyers celebrate our country’s most noble aspiration – a truly level playing field.

“Every generation has an obligation to pass on to the next generation the principles that this country was founded on.”Governor Mike Beebe

“Strong or weak, rich or poor, black, brown, white, red, male, female, you have an entitlement to the same treatment under the law.” Dean Cynthia Nance, University of Arkansas

Arkansas Bar Association Law Related Education Committee www.arkbar.com

Why the Am

erican Legal System M

atters To YouWhy the American Legal System Matters To You

A PRODUCTION OF THE ARKANSAS BAR ASSOCIATION“A LEVEL PLAYING FIELD: WHY THE AMERICAN LEGAL SYSTEM MATTERS TO YOU”

NICK ROGERS RON BLOME ADRIAN TILLMANGARY JONES & LEONARD CHAMBLEE NICK ROGERS

DIRECTEDBY

PRODUCEDBY

MUSICBY

SCREENPLAYBY

DIRECTOR OFPHOTOGRAPHY

Virtually everybody in the world is fighting, scratching, clawing and swimming, doing everything in the world they can to get here, because no nation in the world is fairer or has such a rule of law that works.”

U.S. Senator Dale Bumpers

TRT: 20 MIN

SPECIAL FEATURES INSTRUCTOR’S GUIDE COVERING THE SUBJECT MATTERS: • Rule of Law • Equal Justice • Jury System • Fair, Impartial and Independent Judiciary

DVD and Instructor’s GuideWHY THE AMERICAN LEGAL SYSTEM MATTERS TO YOU

Present A Level Playing Field

F o r M o r e I n f o r m a t i o n c o n t a c t t h e A r k a n s a s B a r A s s o c i a t i o n a t ( 5 0 1 ) 3 7 5 - 4 6 0 6

In the news

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Recently, YLS member Jamie Huffman Jones was given an opportunity to hear Judge Fox describe practice in his Court and learn the answers to the following questions:

Q: What should a young lawyer not say to the jury?

Judge Fox explains that if it is your first jury trial, you should not tell the jury! Doing so only undermines the confidence the jury has in your abilities. And, if you do tell the jury it is your first trial, Judge Fox advises that you have previously told your client.

Q: What is your judicial philosophy?Judge Fox now handles 100% civil cases.

He explained that he believes “there are two general philosophical theories concerning civil jury trials. The first theory is that a civil jury trial is a quest for the truth. The second theory is that a civil jury trial is a purely adversarial proceeding governed by the rules of civil procedure and the rules of evidence, and perhaps in limited circumstances by the rules governing legal ethics.” Judge Fox’s philosophy is the second theory.

Q: What is the jury told in orientation?Judge Fox advises lawyers to be familiar

with what the jury is being told about the trial process. He explains:

Attorneys are welcome to come to my jury orientations. Probably not a good idea to come sit with the venire panel if you have a trial during that four-month rotation but any other time you are welcome. It might be helpful to know what they’ve been told about the process not just in my court but in any division or jurisdiction in which you have a jury trial.

Judge Fox utilizes a two-segment ori-entation, which takes about an hour to complete. During the first part of the orientation, his deputy clerk and bailiff go

over the basic housekeeping matters, such as calling in for service and parking. This takes about 15 to 20 minutes. Judge Fox does the remaining orientation himself. He explains the entire jury trial process including voir dire, opening statements, bench conferenc-es, jury instructions and closing arguments. Judge Fox says, “I have found that jurors are much more forthcoming in answering voir dire questions if I have explained to them in orientation that each side gets three preemp-tory strikes and attorneys are asking ques-tions not to pry or to be nosy but rather to discharge their professional responsibilities.” Judge Fox explains to the venire panel that they do not get to ask questions, and why, and the difference between opening state-ments and closing arguments. He empha-sizes to the venire panel the importance of jury instructions, telling them that the “trial equation is testimony and evidence plus jury instructions equals verdict.”

Q: How do you determine the number of days for which a trial is set?

“In my court it is the plaintiff’s obligation to insure that sufficient days are allotted for the case to be fully tried. I don’t tell attor-neys how long it will take them to try their case, but however many days they request

What Judges Want

Judge Timothy Fox was born and raised in Little Rock, Arkansas. He received his B.A. in political science from Hendrix College in 1978 and his J.D. from the University of Arkansas in 1981. He subse-quently practiced law for twenty-one years, representing individuals and corporations in a variety of litigated matters. In 2003, he was elected Circuit Judge of the Sixth Division of the Sixth Judicial Circuit (Pulaski County). In 2007, he was the first judge in the state of Arkansas to be awarded a Master in Judicial Studies from the joint venture between the National Judicial College and the University of Nevada at Reno.

JUDGE TIMOTHY FOX

INTERVIEWW I T H

by Jamie Huffman Jones

6 YLS In brief www.arkbar.com

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are all that trial will be allotted. The litigants in the case set for the next day’s docket may have waited a year or a year and a half to get their day in court and they have a right to go to trial as scheduled.”

Q: Do you issue scheduling orders?Judge Fox issues scheduling orders for all

multi-day trials. Scheduling orders, accord-ing to Judge Fox, “assist attorneys in being ready for trial on the scheduled date(s) by providing external preparatory frame-work and to more efficiently utilize the docket days available for civil jury trials.” Where there are more than two days of trial requested, he includes a mediation require-ment. If a party believes mediation would be helpful, he would be open to including a mediation requirement in the two-day scheduling order. He is considering adding an expert disclosure deadline to the schedul-ing order given experience in recent cases.

Q:Do you enforce your scheduling orders?

“My general position is the failure to disclose witnesses or exhibits if required by the Scheduling Order means those witnesses and/or exhibits will not be used during the trial.”

Q: Can the attorneys modify your sched-uling order?

“I generally advise attorneys that if they wish to enter into modifications of the Scheduling Orders between themselves that is up to them, but that I am not modifying the Scheduling Order or sanctioning such agreements, so they better know who they’re dealing with because if there is a dispute as to any agreement I will be strictly enforcing the Scheduling Order deadlines.”

Q: What is a trial day like in your Court?Attorneys will meet with the Judge in

chambers at 8:30 a.m. Judge Fox describes the remainder of the day:

I also feel very strongly that jury trials should not be an endurance contest. We start with the jury promptly at 9:00 a.m., take one mid-morning break, one mid-after-

noon break, and an hour for lunch. If the case is a one-day case, we stay until we get it done, however late that may be. But on multi-day settings I let the jury go at about 4:30 p.m. to 5:00 p.m., except on the last day, when we stay however late as is neces-sary to finish. Information overload sets in after a full day in the box and most are used to working a regular work day. Letting the jurors know that their evening activities will not be adversely impacted not only makes it easier to seat a jury but I believe leads to a more attentive panel for the time they are in the box.

Lawyers should be prepared to work through the lunch hour so as to efficiently use the jury’s time.

Q: Should my client come back to cham-bers with me?

Yes, Judge Fox responds. “Clients are always welcome in chambers, it is after all their case, and we are only in chambers to be outside the presence of the jurors and witnesses.” Bringing your client with you to chambers only furthers the client’s understanding of the process and the court rulings. Q: How do you want jury instructions?

Jury instructions should be tendered to Judge Fox in both hard copy and electronic Word format no later than 9:00 a.m. on the business day preceding trial. Judge Fox warns, “failure to comply with such require-ment may result in removal of the trial from the jury trial docket.”

Q: How do you conduct voir dire?Judge Fox first announces the case and

asks the attorneys if they are ready for trial. He then welcomes the potential jurors, tells them how many days the case is set for, and that he is going to call the first eighteen names. He reminds them that “there are no right answers or wrong answers just that the attorneys need information in order to intel-ligently utilize their preemptory strikes.” Attorneys should not waste time by calling for responses from those seated in the galley. Judge Fox further explains the process:

I then give the jurors a very brief descrip-

tion of the allegations of the parties, intro-duce the attorneys, the parties, and identify all of the possible witnesses. I ask them if there is any reason they are unable to serve as jurors and about any prior jury service. My involvement in voir dire is minimal as I prefer to leave the questioning to the attorneys. In the event the case involves extremely sensitive matters such as sexual abuse I will often ask the questions on those subjects myself. I do this to relieve the attorneys from having to be the heavies on those issues and because those are the type of questions the jurors will raise their hands to ask to approach the bench to answer. I let them sit in the witness chair and give me their answer. If the answer clearly consti-tutes cause to strike I release the juror, then call the attorneys to the bench and advise what the answer was and that I have excused the juror for cause. If the answer does not reach the “for cause” threshold I send the juror back to their seat, have the attorneys approach the bench and give them the answer to use in making their preemptory strike decisions.

Q: How do you rule on motions in limine?

“I have three rulings I use to resolve motions in limine: granted, denied, and denied without prejudice. The attorneys who practice regularly in front of me know ‘denied without prejudice’ is a shorthand I use to advise them I believe the subject matter of the motion is not suitable for disposition without hearing the testimony or evidence.”

On behalf of the YLS, Jamie Huffman Jones, would like to thank Judge Fox for his time and his advice.

Jamie Huffman Jones is a partner with Friday, Eldredge & Clark. Her practice focuses primarily on the defense of class actions, business, commercial disputes, and FELA liti-gation. She can be reached via email at jjones@fridayfirm.com.

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Beth Burgess: What drew you to the prac-tice of law?

Judge Mackie Pierce: Well, I’m color-blind, so I couldn’t be a pilot. I found that out at an early age, so I decided to be an attorney instead. My Grandmother Pierce always thought that I should be an attorney, so she always encouraged me to do that. I always liked government, history, and poli-tics. I was just naturally drawn to it.

Tom Buchanan: After law school, what drew you back to Central Arkansas?

MP: I came back to Central Arkansas after law school in 1980 and clerked for Judge Lowber Hendrix for about nine months. I had always wanted to return to my home town of Jacksonville and practice law. I received an offer in Jacksonville and went into private practice with Ben Rice and Robert Batton in 1980.

BB: What areas of law did you deal with in your law practice?

MP: It was just a general practice—we

pretty much covered everything from A to Z. I did some criminal work; Judge Hendrix had gone to a criminal docket while I was there, and I really liked that. We also handled civil cases, domestic relations, real estate and probate cases. In 1991, I left the Rice Law firm, and opened my own firm. I took over the practice of an attorney, Les Mattingly, who had become an Administrative Judge for Social Security. I was there from June of 1991 through December 31, 1998.

BB: What went into your decision to run for Circuit Judge?

MP: When I was a clerk for Judge Hendricks, it was something I thought I wanted to do someday. My goal was to prac-tice law for 20 years and then get elected to a judicial position. I practiced law for 19 years before I was elected, so it worked out.

TB: Has your case load changed since you were elected to the bench?

MP: I was elected as a Chancellor, before Amendment 80 went into effect, so I origi-nally handled equity and probate cases. Now I still handle domestic relations and probate matters, but I also have a civil mix. I now have law and equity cases.

BB: What do you most enjoy about being a judge?

MP: I enjoy the work. I enjoy the cases that are tried; it is so very interesting to me. I like to think I am good at what I do; that I

reach a fair and proper decision in a majority of my cases. I enjoy seeing good attorneys try cases. I have a great staff. I enjoy work-ing with them. They make my job and my life much easier than it could be. It’s just a great challenge, and I enjoy coming to work every day.

TB: What advice could you provide to a young attorney who is to appear in your Court?

MP: 1) Be prepared. 2) Know what it is that you want to achieve or what your goal is. 3) Understand what your burden of proof is. 4) Always conduct yourself as a lady or a gentleman in the courtroom. 5) Be familiar with the Rules of Civil Procedure and Rules of Evidence before you come in to try your case.

TB: What are some common mistakes you see young attorneys make in your courtroom?

MP: I see attorneys, and not just young attorneys, who are ill-prepared, who have no idea what their burden of proof is when they present their case. One example that comes to mind is in a probate case, if you will look at the Probate Code, it will generally spell out for you what it is that you need to do—whether it is a guardianship, an adoption, a decedent’s estate, whatever the case may be—and it’s amazing to me that there are a lot of attorneys who never even bother to open the Code before they walk in the court-room to have a hearing. There are attorneys

Judge Mackie Pierce is a Circuit Court Judge in the 17th Judicial District. The 17th Judicial District includes Perry and Pulaski Counties. Judge Pierce grew up in Pulaski County, outside of Jacksonville. He received his B.A. in Political Science and his law degree from the University of Arkansas.

JUDGE MACkIE PIERCE

INTERVIEWW I T H

by Beth Burgess& Tom Buchanan

8 YLS In brief www.arkbar.com

who don’t understand what their burden is or what they are trying to accomplish in the case they are trying. I think there is a com-mon misconception that anyone can try a domestic relations matter.

Anyone can, but you need to know what you are doing. It is different from a motion for summary judgment, or a civil dispute. I would say lack of preparation is the biggest mistake I see. Not being familiar with the latest case law is the second biggest mistake.

TB: In terms of feedback that you have received after jury trials, what are some complaints or frustrations jurors have with attorneys that you can share with us?

MP: One complaint is that attorneys waste juror’s time too often, and that attor-neys talk over their heads instead of talking to them as peers or equals. That’s a major com-plaint that I’ve heard over the years—that we waste a lot of juror’s time in trying a case. It is hard for an attorney because that attorney doesn’t necessarily know what the juror is looking for a lot of times. It comes back to a focus on the part of the attorneys as to what they are seeking to achieve with a jury or a judge, and keeping that in the front of their minds throughout the process instead of get-ting overwhelmed by all the details and tend-ing to spew everything out there for the jury.

BB: When it comes to oral arguments in your courtroom, what do you expect from attorneys, especially in cases that may have voluminous pleadings?

MP: The first rule I would urge any young lawyer to follow is to keep in mind what the word “brief” means. It means short and concise. If you submit a 30-page brief to me, I’m going to look at it; I’m going to read it. However, I am going to be able to do a bet-ter job when looking at a three to five-page brief than I am with a 30-page brief. There are very few cases where you can’t just hone down your argument to the basic issues that you need the Court to decide or consider. I understand that with some things there are often a lot of issues to decide. I try to read any motion or brief that is submitted. I urge all attorneys to send a copy of their pleading to my office prior to the hearing on the mat-ter. Just because you file something with the

clerk’s office doesn’t necessarily mean that the judge is going to get it in a timely man-ner, so I encourage attorneys to make sure my law clerk has a copy well in advance so that I can consider the arguments. If you come in on the day of oral argument, and I haven’t had the chance to read your pleadings yet, I’ll tell you, and I won’t make a ruling until I’ve read the material. But it just delays my ability to make a decision for you that much longer if you don’t make sure that I have received the pleadings in advance of the hearing. Also, I don’t need attorneys in oral arguments to go back through their briefs point by point or line by line. Just go back and hit the high points. Tell me what it is that you want me to consider, the relief that you want, and I can look at the brief and apply the law. It is not necessary for attorneys to spend an hour reciting what took them several hours to pre-pare in a multipage brief. Attorneys should never cite a case in support of an argument or point when it in fact does not. You lose all credibility with the court when you do that. I’ve been amazed a few times at the attorneys who will cite some law that simply does not apply to the case at hand. It’s disappoint-ing because either the attorney has misread the case, misapplied the case, or is willfully attempting to mislead the court.

TB: We handle civil cases and find our-selves spending the majority of our time dealing with discovery disputes. What advice do you have for attorneys on how to deal with the discovery issues that seem to inevitably come up in bigger, more complex cases? What are you looking for from your side of the courtroom because we’ve found that it is no longer the excep-tion to have a discovery issue; it’s really become standard practice.

MP: My least favorite activity is dealing with discovery disputes. It is the biggest waste of the court’s time. I have very little patience with discovery disputes because the rules of discovery are pretty clear. There is very little that is not discoverable. If the information sought is proprietary or confidential, then draw up a protective order. I will gladly sign it. I don’t understand most discovery disputes. A lot of discovery disputes are just the result of the parties not cooperating, not

willingly giving up information everyone knows is discoverable. I will grant a request for attorney’s fees and costs sometimes in these disputes, and if there is a willful failure to comply with an order to compel discovery, I’ll strike answers, or dismiss complaints.

BB: So what advice can you offer to attor-neys who find themselves in the midst of a discovery dispute?

MP: I encourage everyone to keep fight-ing for everything to which they believe they are entitled—whether you are plaintiff’s counsel or defense counsel. The problems with dealing with discovery—I think it is a game that some people play. I just don’t have a lot of patience for these types of disputes.

TB: How has the legal profession, based on your view, changed or evolved since you began practicing law, in terms of the style or manner in which attorneys inter-act with one another?

MP: I believe that the practice of law has become more of a business and less of a profession. I can’t say that all the changes I’ve seen have been good. There is much less good will, trust, and professionalism amongst lawyers than there was thirty years ago.

TB: How do we get back to the way prac-ticing law used to be?

MP: A lot of people have the perception that in order to be a successful attorney, you have to be a go-for-the-throat, no-holds-barred, win-at-all-costs type of attorney, and I think that’s wrong. It’s a small world in which we as attorneys and judges live. Attorneys need to remember that what goes around comes around. A little good faith and fair dealing can go a long way.

Tom Buchanan is the Managing Member and Beth Burgess is an Associate Attorney at the Law Office of Thomas G. Buchanan in Little Rock, where their primary focus is on personal injury litigation for plaintiffs. They can be contacted at tom@thomasbuchananlaw.com or beth@thomasbuchananlaw.com.

9

Chris Burks: Thanks for sitting down for the interview, Judge! To start, what are key points of lawyering you look for in civil proceedings; brevity, clarity, concise factual statements from witnesses?

Judge Wood: I am honored to have this opportunity to reach out to the Young Lawyers.

Preparation, preparation, and preparation. It sounds simple, but know what you have to prove going in and then prove it. You don’t need to do any more or any less, both extremes are flawed.

CB: What is the best advice you can give young lawyers who appear in trial court?

JW: First, investigate the judge before

you appear the first time. Visit with the trial assistant, law clerk, and local attorneys about their experiences. Second, have confidence. There can be a misperception that the more seasoned attorney has the advantage. I do not find this to be accurate and you should never feel intimidated. I have yet to find a required element in any cause of action that prescribes: “and the lawyer has practiced longer than the other lawyer.” In medical school residency they often say “watch one, do one, teach one.” Legal practice is very similar.

CB: Often we’ll see seemingly small civil cases be passed down to young lawyers because of their complexity as to one particular issue or problems with a client. What advice do you have for a young law-yer who gets such a ‘problem case’ handed down to them? JW: Always be cautious before taking a case after previous lawyers have disassociated with it. These clients need representation, but you must be diligent to fully understand the reason for a change in representation. You do not want past issues repeated. Often, these cases can be very rewarding in the end because of the obstacles you have overcome.

CB: With increasing filings in certain practices areas, including foreclosure and bankruptcy, what advice do you have for young attorneys about managing these high volume practices effectively?

JW: If lawyers are working in these areas, then they either need to have great organiza-tional skills or have a trusted employee that has these skills. Your staff can make you or break you. Lawyers have to determine their strengths and weaknesses. Focus your time on your strengths and hire someone to man-age your weaknesses.

CB: With the advent of e-filing, prac-tice management techniques will become increasingly key to managing a caseload. What advice do you have about techniques such as paperless offices?

JW: I am thrilled that we are moving to e-filing in the state of Arkansas. E-filing will change the way all of us function. If you prac-tice in counties that are in line for e-filing, then I recommend you begin immediately to develop your new case management system. For instance, service of pleadings will be elec-tronic through an e-mail notification system. If you start planning and developing the systems, you will be ready and comfortable when it begins in your area.

My office has slowly moved towards a paperless environment and it’s difficult. I can only relate it to one lent season when I tried to give up french fries. The withdrawls were horrible, but I came through it a better per-son in the end. Perhaps the Young Lawyers might consider a CLE on new case manage-ment techniques in light of these changes (hint hint).

Judge Rhonda Wood is a Circuit Court Judge in the 20th Judicial District. The 20th Judicial District includes Faulkner, Van Buren, and Searcy Counties. She is married to Dr. Michael Wood and they have 4 children.

She graduated from Hendrix, magna cum laude with a degree in Politics, awarded with distinction. She received her law degree from the UALR Bowen School of Law with highest honors and was named the Arkansas Law Graduate of the Year by the Arkansas Bar Association and received the Top Score on the Arkansas Bar Exam.

JUDGE RHOnDA WOOD

INTERVIEWW I T H

by Chris Burks

10 YLS In brief www.arkbar.com

CB: Civil litigation is often tied up in dis-covery disputes, what advice do you have for young lawyers who want to efficiently proceed through discovery in a way that benefits their clients?

JW: The rules do mandate you attempt to work out discovery disputes with oppos-ing counsel prior to contacting the court. This should be substantive. Every attorney will have a time arise where the attorney will need an extension from another attorney. Keep this in mind and try to be reasonable regardless of which side you find yourself on. In addition, you will never get the per-fect answer to everything you want from Interrogatories. You will have to conduct a deposition and a deposition is your friend.

CB: For young attorneys who may take on juvenile or domestic relations cases, these cases can seem to drag on for some time. What advice do you have for getting clients a resolution to their problems fairly and efficiently?

JW: The most difficult aspect is giving your clients reasonable expectations from the start. It is not helpful to promise a full moon and then six months later try to sell the half moon as the best outcome. It’s also important in these cases to convince the parties that they have to set aside past hurts and focus on moving forward. Until the parties are ready to move forward with their lives, they may not be ready to move forward with the case.

CB: Most attorneys balance many cases and clients. Scheduling issues often arise, what advice do you have about asking for a continuance?

JW: I don’t think you should use swear words in this interview (“Continuance”). Continuances are for unforeseen situations that prevent you from fully representing your client on the set date. Continuances are not for you to reschedule because you forgot about the date or haven’t prepared. If you do request a continuance, request it as soon as you know so that another case can benefit from your court date.

CB: Summary Judgment motions are

increasingly used as a discovery and litiga-tion tactic to move a case along. However, we often hear that many judges don’t look favorably upon such a use of pre-trial sum-mary judgment motions. What advice do you have about the use of summary judg-ment motions?

JW: The legal standard for Summary Judgment is difficult, however, often very appropriate. I find that there is often not a need for a hearing on a Summary Judgment motion. I feel that it’s best to let the court decide if a hearing is necessary to flesh out anything in the briefs. There are often times in the middle of a bench trial where it so apparent that a summary judgment would have resolved the case months earlier.

CB: How do judges get our pleadings?JW: This can depend on which county.

For instance, my staff picks up every plead-ing in my division from the Faulkner County courthouse daily (assuming the pleadings all make it into my box). In Van Buren and Searcy counties, the judges do not have staff nearby and the counties cannot afford to mail the pleadings to the judges. Each time a judge goes to one of these counties, they collect the pleadings and distribute them back to all the other judges. Often weeks can go past before I get my pleadings from those counties. If you have a motion or are waiting on an order from a judge, don’t hesitate to call their chambers and check to make sure the judge has it regardless of the county.

Chris Burks: Thanks for your time Judge! Any other passing thoughts for the young lawyers out there?

JW: Make a commitment to get involved in your community and represent those less fortunate. I remember early in private practice representing for free an elderly lady on social security. She was so grateful, that she brought me homemade cookies every week until she passed away. I never felt more appreciated by a client. When you are sworn in, the oath you took states that you will use your license to reach out to the under privi-leged and not discriminate in your represen-tation. Never forget the oath you took.

Chris Burks is an attorney and law clerk to Judge Wood. He is a 2007 Graduate of Davidson College and a 2010 Graduate of the University of Arkansas School of Law. You can contact Chris at chburks@gmail.com.

Attorney volunteers are need-ed to coach participating high school teams around the state. Coaching is a wonderful way to give back to the communi-ty, develop business and repu-tation, and to instill in the community the good works provided by the state’s excel-lent legal community. If you would like more information on becoming a team coach in your area, please contact the Arkansas Bar Association at (501) 375-4606. The Committee will pair those who volunteer with a participating high school team in their area.

Mock Trial

2012 Mock Trial Competition

11

YLS on the Move

Originally printed in the Summer 2011 issue of The Arkansas Lawyer magazine. Reprinted with permission.

Greetings! I am honored to serve as Chair of the Young Lawyers Section for 2011-2012. I hope to continue to grow the work of my predecessors during the upcoming year. As the Chair from District C, YLS will be promoting its work and engag-ing its members across Arkansas. The YLS Executive Council recently hosted a reception for young lawyers and held its first organi-zational meeting of the year in Jonesboro. Look for us in a community near you.

There are a number of ways to participate in YLS and the Association. This year, YLS will sponsor a membership and recruitment contest. Young lawyers will be asked to attend meetings and social events, volunteer at a YLS or Association event, and recruit new Association members. The young lawyer that contributes and participates the most will win a prize (to be determined, but well worth the effort) at next year’s Annual Meeting. Members will benefit from serving the community and net-working with other attorneys from across the state. Look for details in the next YLS In Brief.

Speaking of YLS In Brief, YLS always appreciates new contributors. Articles pro-vide the YLS membership with an update on your work and a marketplace to exchange ideas. Over the last two years, the Communications Committee has set out to increase the range of topics, news, and fea-tures presented in YLS In Brief. Whether you would like to write an article on substantive law, procedure, practice advice or simply review a recipe, book, restaurant, or watering hole, we provide a forum for you to do so.

In addition to the Communications Committee, YLS has several other committees that provide a way to serve the Association, its members, and the state. Over the last two months, the Disaster Relief and Pro

Bono Committees have assisted individu-als affected by this summer’s storms and floods in Northeast and Central Arkansas. The Federal Emergency Management Agency requested that the Association and YLS assist citizens with legal questions and concerns. A group of YLS members fielded calls on a daily basis. The program is limited to point-ing individuals in the right direction, but we were also able to match people with attorneys that could provide more in depth assistance.

A recent success of the Law Related Education Committee was publication of 18 & Life to Go: A Legal Handbook for Young Arkansans. The Handbook is currently avail-able on the Association’s website. One of the committee’s goals this year is to place printed copies in as many high schools as possible. Another project for the committee is distribu-tion of A Level Playing Field to students. The DVD was developed by the Association’s Law Related Education Committee and seeks to educate students on the American judicial sys-tem. Law Related Education also handles Law Week activities and works in conjunction with the American Bar Association to host a Law Day poster contest for elementary students.

The Minority Outreach Committee is pri-marily responsible for reaching out to those groups and individuals that are underrepre-sented in the legal profession. The commit-tee made progress last year to organize and meet with undergraduate students to foster an interest in pursuing a legal career and provide information to them regarding different legal fields. The committee will work this year with undergraduate institutions and student legal groups to continue our efforts in this area.

While not a complete surprise, the Recruitment and Social Committee hosts par-ties and membership receptions throughout

the year. We all need to blow off a little steam and relax with our peers. In the past, YLS has hosted Christmas and Cinco de Mayo parties in Fayetteville and Little Rock. YLS has also hosted a party during the Annual Meeting. I expect to continue these events and expand them to include other locations.

Finally, I would like to take this opportuni-ty to introduce the YLS Executive Council for 2011-2012 listed below. As you can see, there are a number of ways to be involved. Please do not hesitate to contact a council member or me if you have an idea for an event or wish to join a committee. I look forward to a great year. n

Young Lawyers Section Report by Brian M. Clary

2011-2012 YLS ExEcutivE counciL

Chair: Brian M. ClaryChair-Elect: Vicki S. VasserSec-Treas: Anne Hughes White Immediate Past Chair: Brandon Moffitt

ExEcutivE counciL:

District A: Ryan Pettigrew, Brian R. Lester & Vicki S. Vasser

District B: Cory D. Childs, Grant M. Cox & Tasha S. Taylor

District C: Susan Weaver, Timothy R. Leonard & Ryan M. Wilson

At Large Representatives: Tessica Dooley, & Cliff McKinney

Law Student Representatives: University of Arkansas School of Law: Angela Artherton; UALR William H. Bowen School of Law: S. Kate Fletcher

12 YLS In brief www.arkbar.com

Lawyers have a duty to provide compe-tent representation. We should strive to be effective advocates and provide meaningful services through respectful representation. Although the population of transgender peo-ple is small, they deserve access to competent and effective legal representation. Because laws and policies pose obstacles for transgen-der people, it is imperative that lawyers break down barriers to effective representation. Although the initial learning curve may seem steep, numerous resources provide excellent opportunities to learn more about transgen-der people and the legal issues affecting them. This article is meant to be a starting point by briefly touching on cultural competency, cli-ent interaction, and due diligence to improve legal representation of transgender people.

Although transgender cultural com-petence requires many steps, building a foundation begins with basic terminology. “Transgender” is an umbrella term describ-ing people whose gender identity and expres-sion do not conform to predominant soci-etal expectations associated with their sex assigned at birth. “Gender identity” is a per-sonal characteristic referring to one’s internal sense of being a man or a woman. “Gender expression” is the external manifestation of gender identity and includes characteristics such as behavior, clothing, voice, and hair style. Transgender people typically desire to express themselves in a manner consistent with their gender identity rather than their sex assigned at birth. “Gender transition” is an individualized process by which a per-son changes from their gender assigned at birth to the one consistent with their gender identity. It involves various personal, legal, and medical adjustments, and may or may not include anatomical alterations through the use of hormones and surgical proce-dures. Understanding transgender terminol-ogy not only improves the lawyer’s ability to understand relevant case law, statutes, and regulations, but also leads to improved client

interactions.In addition, lawyers can adjust their inter-

actions with clients to better serve trans-gender people. Modifications to intake forms allow clients to write in their gender instead of checking “male” or “female,” to list their preferred name, and to describe special needs, such as use of appropriate names and pronouns when talking to them, to their employer, and to family members. It is rarely necessary to ask about specific anatomical or transition procedures unless relevant to the representation. Other adjustments involve the use of restrooms, which most non-trans-gender people take for granted. For trans-gender people, using restrooms may create substantial anxiety. Law firms can relieve this anxiety by designating single-use restrooms as “gender neutral” and restrooms with multiple stalls as “family restrooms.” Family restrooms respect transgender people and accommodate those who may require assistance from an attendant of a different gender or parents who may need to care for an infant or small child. Implementation and display of non-discrimination policies that include gender identity and expression signal to everyone that a law firm respects transgender people and their rights.

Furthermore, lawyers advance the legal profession and further the interests of jus-tice by recognizing their lack of knowl-edge in a particular area and acquiring that knowledge to provide effective representa-tion. It is critical that lawyers understand that laws and policies affecting transgender people differ not only among entities within one jurisdiction but also among different jurisdictions. For example, while Arkansas gender-change laws require proof for chang-ing driver’s licenses that is different from the proof required for changing birth cer-tificates, Arkansas and Iowa have different requirements for changing birth certificates. The U.S. State Department requires proof for changing passports and birth certificates

issued to U.S. citizens born abroad that is different from proof that the Social Security Administration (SSA) requires for changing social security records.

Moreover, lawyers should realize that help-ing a transgender client in one matter may involve subsequent issues that the lawyer thinks falls outside the scope of that matter. However, the client will likely see all of their issues as connected and look to the lawyer for guidance. For example, after obtaining a legal name or gender change and updating some but not all of their identity documents, a client may encounter a problem changing their employee personnel record. An employ-er may receive “gender no-match” letters from the SSA indicating that the employee’s reported gender does not match the gender on file with the SSA. Also, if a transgender client is either married or wants to get mar-ried in Arkansas, or if there are parenting or custody issues involved, the lawyer must understand the legal impact of the client’s transition on the client’s marriage or family law issues. This may involve looking outside of Arkansas to see how other jurisdictions have dealt with similar matters. Lawyers must recognize potential issues arising from a client’s transition in order to advise the client accordingly.

There is a growing trend toward more respect for the identity of transgender people. Participation in this trend allows lawyers

Representing Transgender Clients

by Michael V. Lauro, Jr.

Mike Lauro is a solo practitioner and founder of Lauro Law, PLLC. His practice areas include family law and estate planning with a focus on transgender law and gender tran-sition assistance, and lesbian/gay/transgender anti-discrimination, advocacy, and education. For ques-tions or comments, please email mike@laurolaw.com.

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to positively affect transgender people by improving their access to legal services and showing respect for their identity and rights. One way to gain a further understanding of transgender law is through Lavender Law, the annual bar conference for the National LGBT Bar Association. It took place this year in Los Angeles, California, September 8-11, and included a one-day program called the Transgender Law Institute. The Institute’s 2011 theme was “Competent Representation of Transgender Clients” and will cover identity documents, employment, incarceration, and health care. For more on the Institute, see http://www.lgbtbar.org/annual/program/transgender-law-institute/.

Additional reading: Paisley Currah, Richard M. Juang, and Shannon Price Minter, Transgender Rights (Univ. of Minn. Press, 2006); Joan M. Burda, Gay, Lesbian and Transgender Clients: A Lawyer’s Guide (American Bar Association, 2008); World Professional Association for Transgender Health, Standards of Care (6th ed. 2001) (available at http://www.wpath.org/publications_standards.cfm). n

www . a r k an s a s f i nd a l awye r . com

The Arkansas Bar Association receives many calls from the public every day asking for the name of an attorney to help them. Our staff refers the caller to:

List up to 7 practice areas Just $75/year

Help potential clients find you on the Web site that

receives over 5,000 hits per month!

NEW! Sign up with your membership enrollment!

NEW! Reduced rate for members practicing <2 years

14 YLS In brief www.arkbar.com

Arkansas Bar Association’s New Mentor Program

Beginning later this Fall, the Arkansas Bar Association will be launching a new mentor program that will provide young lawyers with a variety of opportunities to network with and gain insight from more experienced attorneys.

If you are a young attorney thinking about expanding your prac-ticeareas,openingyourownfirm,makingamovetoanon-tra-ditional legal career, or if you just want to know how to achieve work-life balance, the Arkansas Bar Association’s new mentor program will provide you with unique opportunities to get your questions answered by attorneys who have been where you are (or where you want to be).

Stay tuned for more information about this exciting new member benefitbroughttoyoubyyourArkansasBarAssociation.

A Guide to ArkansasStatutes of Limitations

F R E E D O W N L O A D

T O M E M B E R S

www.arkbar.com

Login to www.arkbar.com

to download

Seventh EditionRevised March 2011

Prepared By Arkansas Bar AssociationYoung Lawyers Section

15

Sizzlin’ Lime Chicken

Estimated Preparation Time:Marinade: 5-10 minutes; Dressing: 5-10 minutesChill time: 2-3 hours; Cooking/baking time: 15-20 minutes

IngredientsMarinade:1 cup water2 tablespoons lime juice2 teaspoons minced garlic (or onion)1/3 cup teriyaki sauce½ teaspoon salt¼ teaspoon ground ginger1 teaspoon liquid smoke (hickory or mesquite)4 chicken breast fillets

Dressing¼ cup sour cream1 tablespoon milk¼ cup mayonnaise¼ teaspoon parsley1 ½ teaspoons vinegar1/8 teaspoon cayenne pepper (or ¼ tsp hot sauce)2 tablespoons salsa1 teaspoon minced onion1 tablespoon Cajun seasoning2 cups shredded mozzarella, cheddar, and jack cheese (mixed)

InstructionsMarinade: Combine ingredients for the marinade in a medium bowl. Add chicken fillets to the bowl, cover and chill for 2-3 hours. If short on time, 1 hour chill time should be sufficient.

Dressing: Combine ingredients for dressing in another bowl and stir. Cover bowl and chill until final steps. *Depending on the brand used, the salsa and Cajun seasoning combination can become a bit salty, so make adjustments to taste as needed.

Cooking: After the marinade has chilled, cook chicken until tender and done, either in oven (350 degrees Fahrenheit), grilled, or on the stove. Place cooked chicken on a baking sheet and spread chilled dressing over each piece. Add a layer of the cheese blend over the dressing. Broil chicken 2-3 minutes, or until cheese melts.

This meal goes great with rice, pasta or potatoes, salsa and chips, and vegetables. You can customize the spiciness of this recipe by adding more cayenne pepper or hot salsa.

Enjoy!

Rashauna Norment is a registered patent attorney at Calhoun Law Firm, where her practice focuses on prosecuting patent applications, as well as applications to regis-ter copyrights and trademarks, forming legal entities for businesses, and assisting in litigation involving infringement and business disputes. You can reach Rashauna at R.Norment@CalhounLawFirm.com. Rashauna enjoys experimenting with cooking, working in her flower garden trying to develop a green thumb, and spending time with family and friends.

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