Dodrill v. Executive Director

824 S.W.2d 383, 308 Ark. 301, 1992 Ark. LEXIS 66
CourtSupreme Court of Arkansas
DecidedFebruary 10, 1992
Docket91-252
StatusPublished
Cited by3 cases

This text of 824 S.W.2d 383 (Dodrill v. Executive Director) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodrill v. Executive Director, 824 S.W.2d 383, 308 Ark. 301, 1992 Ark. LEXIS 66 (Ark. 1992).

Opinion

Robert L. Brown, Justice.

This case is an appeal from action taken by the Supreme Court Committee on Professional Conduct suspending the attorney’s license of the appellant, Louis Arthur Dodrill, for one year for violating Rules 1.1, 3.1, and 8.4(D) of the Model Rules of Professional Conduct. The complaint was filed against the appellant by United States Bankruptcy Judge James Mixon under Rule 5.A of the Rules of the Court Regulating Professional Conduct of Attorneys at Law and was premised on allegations of incompetence, abusive behavior, and frivolous litigation. We affirm the findings of the Committee and the one-year suspension of the appellant’s license.

On December 7, 1988, the appellant, representing Bobby Bratton, a debtor in a bankruptcy proceeding, filed a complaint in federal district court against Bratton’s former bankruptcy attorneys, the law firm of Mitchell, Williams, Selig, Jackson & Tucker. The complaint sought damages in the amount of $15,184,571. The appellant amended the complaint on February 3, 1989, and requested permission to add Charles Darwin Davidson, who is an attorney and was also trustee of Bratton’s estate in bankruptcy, and the Davidson Law Firm, Ltd., as defendants. The federal district court entered an order on March 23, 1989, referring the action to the Bankruptcy Court for the Western District of Arkansas.

On March 31, 1989, the Mitchell firm filed a motion to dismiss the complaint for lack of subject matter jurisdiction and lack of standing. On April 26, 1989, the appellant moved to dismiss the complaint against the Mitchell firm, and the bankruptcy court entered an order on May 11, 1989, granting the motion to dismiss without prejudice.

On May 16, 1989, Davidson and the Davidson Law Firm also moved for dismissal. Bankruptcy Judge James G. Mixon held a hearing on the motion on June 6,1989, and treated it as a motion for summary judgement. Judge Mixon granted the parties twenty days to file additional motions or affidavits. Davidson and the Davidson Law Firm filed timely affidavits; the appellant did not. On September 11,1989, Judge Mixon granted summary judgment to Davidson and the Davidson Law Firm. The appellant did not appeal the judgment.

The appellant then moved in bankruptcy court to remove Davidson as Bratton’s trustee on grounds of fraud and waste. A hearing on this motion was held on August 30, 1989, at which time the appellant failed to produce any evidence of fraud, waste, or other misconduct on Davidson’s part. At the conclusion of Bratton’s case, Judge Mixon granted a directed verdict to Davidson. Again, no appeal was taken by the appellant.

On October 18, 1989, the appellant filed another complaint in bankruptcy court against Davidson, the Mitchell firm, and a third-party corporation — Bibler Brothers, Inc. — on Bratton’s behalf and alleged wrongful conduct. He sought $158,903.65 in damages. The three defendants all filed motions to dismiss. After a hearing on the motions, the appellant moved to dismiss the complaint, and his motion was granted.

Three motions for sanctions against the appellant and Bratton were filed: on May 16,1989, by Davidson; on November 7,1989, by the Davidson Law Firm; and on November 22,1989, by the Mitchell firm. The parties alleged in each motion violations of Bankruptcy Rule 9011, which provides that an attorney verifies the veracity of a pleading by his signature and certifies that the cause of action is brought in good faith. Sanctions in the form of costs and attorney’s fees were sought by the movants for breach of the rule.

In a Memorandum Opinion dated August 2, 1990, Judge Mixon ruled in favor of the movants and stated in part: “Due to their frustration, anger, and ignorance, both Dodrill and Bratton incorrectly assumed that Davidson, the Davidson Law Firm, and the Mitchell Law Firm were guilty of various acts of misconduct. The evidence, however, reveals no acts of misconduct.” Judge Mixon stated further: “Dodrill and Bratton have been irresponsible in their behavior before this Court. They have failed to review the law to determine whether the facts are relevant to support entitlement to the relief being sought. Additionally, Dodrill has continuously displayed a complete lack of competence in the practice of bankruptcy law. The conduct of Dodrill and Bratton is inexcusable, and unquestionably warrants the imposition of sanctions.” The Davidson Law Firm and Charles Darwin Davidson were awarded a combined total of $19,261.43 for litigation expenses and attorney’s fees, and the Mitchell firm was awarded $8,987.93.

Judge Mixon then filed a copy of his August 2, 1990, Memorandum Opinion as a complaint against the appellant with the Supreme Court Committee on Professional Conduct. The judge also attached as an exhibit to his complaint an Order dated February 26,1990, which catalogued, according to Judge Mixon, “previous inappropriate, acts” on the appellant’s part at various hearings and which highlighted “derogatory and unprofessional remarks toward opposing counsel and the Court.” The judge in his order assessed a sanction of $100 against the appellant for criminal contempt of court. The appellant was subsequently placed briefly in the custody of the U.S. Marshall due to his stated inability to pay the fine.

Following an investigation, the Supreme Court Committee on Professional Conduct informed the appellant in a letter dated January 23,1991, that it had found his conduct to be “a violation of Rules 1.1, 3.1 and 8.4(d) of the Model rules of Professional Conduct as amended by the Arkansas Supreme Court” and reprimanded the appellant. The Rules cited by the Committee in pertinent part are:

RULE 1.1 Competence
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
RULE 3.1 Meritorious Claims and Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. . . .
RULE 8.4 Misconduct
It is professional misconduct for a lawyer to: . . . (d) engage in conduct that is prejudicial to the administration of justice ....

By letter dated January 31,1991, the appellant requested a public hearing on the decision and the reprimand. A de novo hearing was held on May 18, 1991, pursuant to Rule 5.F.(1) Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law. At that time, Judge Mixon appeared as a witness and was cross-examined by the appellant, who acted pro se. Based on the testimony and exhibits introduced at the hearing, the Committee affirmed its previous conclusion that disciplinary action against the appellant was warranted. The Committee, however, increased the penalty to be assessed.

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824 S.W.2d 383, 308 Ark. 301, 1992 Ark. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodrill-v-executive-director-ark-1992.