Eleven Minutes

An attorney retained in a domestic relations matter violated ethics rules by filing a motion to withdraw from representation eleven minutes before a scheduled hearing regarding change of custody.

An Arkansas Committe on Professional Conduct panel imposed a sanction of a reprimand and fine.

His story

In addition to non-payment of his fee by his client in the Stevens case, in his Response to the Complaint and at hearing Sammons testified that he believed his client to also be impaired by drugs when he met with her about one hour before the hearing and he was in an ethical dilemma as to how to proceed, not wanting to be party to what he perceived would possibly be perjured testimony by his client if she testified. He admitted he did not give the trial judge any hint at court that his client may be impaired. His client testified and attempted to cross-examine the opposing party. Judge Hearnsberger testified she has no reason from what she saw and heard in the hearing to believe Crystal Stevens was impaired during the hearing.

The client had a positive drug test after the hearing.

The attorney also was found in violation of the court order that he proceed as counsel. He stayed for the hearing but did not participate. (Mike Frisch0