No Cause Of Action

In a case where an estate had sued former attorneys under the Arkansas Deceptive Trade Practices Act (“ADTPA”) based on a breach of the covenant of good faith and fair dealing, the Arkansas Supreme Court affirmed the circuit court dismissal order. The decedent had retained attorney Snoops to prosecute a medical malpractice claim. The suit was dismissed with prejudice because Snoops was not authorized to practice in Arkansas (his law firm was located Oklahoma). The allegations that Snoops lied about his bar status and “engag[ed] in other nefarious conduct” did not “fall[] within the conduct regulated by the ADTPA.” Unauthorized practice is regulated by the judiciary rather than by enactments of the legislature. Further, “this court has never recognized a cause of action for failure to act in good faith.” (Mike Frisch)