Arkansas Creates Ethics Counsel Position Over Dissent

The Arkansas Supreme Court has created a new position of Ethics Counsel to render ethics advice to Bar members.

The Court hereby creates the Arkansas Supreme Court Office of Ethics Counsel (OEC) which may provide advice to Arkansas attorneys regarding legal  ethics issues and interpretations of the Arkansas Rules of Professional Conduct.

The court amended its Rules 1.6 and 8.3 to allow disclosures to Ethics Counsel and exempt such disclosures from the reporting obligation.

BARBARA W. WEBB, Justice, dissenting.

I do not oppose providing Arkansas attorneys with guidance regarding the Rules of Professional Conduct. Before we take the extraordinary step of creating the Office of Ethics Counsel, however, I believe that we should first promulgate a draft proposal to the bench and bar for their input and critique. Furthermore, because the need for such a resource has not been clearly determined, I think it would be prudent to launch this new service as a pilot program for a limited period of time––perhaps just one year. I therefore respectfully dissent.

When this court votes to change rules of practice and procedure, we routinely send out draft versions of the new rules to solicit input. These comments have proven invaluable in the past and have helped craft rules that are tailored to the needs of the attorneys that will use them. Because bar dues will finance the Office of Ethics Counsel, it seems only fair to first determine if practitioners need this service and would use it, especially if it could result in an increase to their bar dues.

Putting a draft proposal out for comment will also allow us to formally benefit from the Arkansas Bar Association’s experience in this area. The Bar Association has an ethics advisory committee that reportedly is underutilized. This court could be well-served by drawing on the Bar Association’s experience to refine this service.

Finally, I believe if we launch this initiative, it should be as a pilot program. If we do not see substantial demand for this service, we should be ready to discontinue it or significantly alter it. Given the Bar Association’s experience with its advisory committee, I question whether we should make a permanent commitment to establishing the Office of Ethics Counsel.
I respectfully dissent.

WOOD, J., joins.