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Mr. Fusion: Renaissance Man - 9/20/79-8/27/23

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After a 16-month battle with colon cancer, my brother passed on August 27, 2023 at 1:35 p.m. Until the end, he fought, as he so often did for the things he believed in, as hard as he could and for as long as he could.

Instead of a funeral, one of the things Nathan requested was a tailgate party around a Razorback sporting event. This will take place on October 7, 2023 when the Razorback football team travels to Ole Miss to take on the Rebels/Blackbears/Admiral Ackbars at 6:30 p.m. on the SEC Network. Lodging suggestions include nearby Iron Mountain Lodge and Marina, Fairfield Inn & Suites, and Holiday Inn Express. For those inclined for a 5-mile float trip, canoes, kayaks, and tubes may be rented from River Rats in Caddo Valley. As with any other tailgate party, College GameDay starts at 8:00 am, with SEC Nation to follow at 9:00 a.m., with guests coming and going at their leisure. If you cannot attend and would like to make a gift in his name, Nathan’s obituary contained appropriate links to do so.

Nathan wrote a helpful blog article on the ultimate tailgating list.

Anyone who knew him knows Nathan was multi-dimensional. No one word could define or describe him, although if I had to, it would probably be “abide.” I started out writing this blog post with the intention of focusing on his legal career (since after all, this is a blog on a law firm web page), but I just couldn’t limit the post to such a narrow aspect of his life, because that was hardly who he was.

The Sportsman

Nathan was into sports and the outdoors at an early age. Whether it be fishing, swimming, or cooking burgers, hot dogs, and roasting marshmallows on a gravel bar, it seemed like every weekend he and I were on the Ouachita River growing up, which he passed on to his own children:

Nathan loved to fish, which started an early age, and continued throughout his life.

Being in the outdoors so much as kids (which Nathan once described here), it was a natural fit for Nathan and I both to become involved in the local scout troop. Nathan was one of only three members of the troop at one point in time, which contributed to its existence for me and many others to follow.

All of the gentlemen pictured above were or became eagle scouts.

Don grew up duck hunting with his grandfather in the Cache River bottoms, which is a destination spot for the entire sport. Although Clark County duck hunting is hardly a destination, Don and Terri did a good job cultivating an interest in Nathan and I both in the outdoors, and duck hunting specifically:

Our next door neighbors growing up had the only flat space in the neighborhood. The two of us played so much there we ran a diamond into their yard.

Nathan left me a voicemail in the fall of 2006 so good I took it off my phone, which describes the neighbors yard mentioned above:

I had forgotten, but as it turns out, this walk-off grand slam occurred on August 27, 2006:

With the Arkansas Travelers being the Double-A affiliate of the St. Louis Cardinals for many years, and Terri and her family listening to KMOX growing up, Nathan and I both grew up Cardinals fans. The 2004 team went 105-57, which was the best Cardinals’ season in 60 years. I watched about 100 of those 162 games, and adored that team. After the Red Sox broke the curse of the Bambino in the 2004 World Series, I lost significant interest in Major League Baseball altogether (my focus turned to College Baseball and the juggernaut Razorback baseball program Dave Van Horn was building in Fayetteville). Nathan didn’t lose interest in the Cardinals, and attended World Series games in both 2006 and 2011:

Those are the Cardinals’ most recent World Series wins. Maybe they need to bring Tony La Russa back, as the 2023 Cardinals are going to finish last in the NL Central standings. :/

Speaking of the Hogs, Nathan was a passionate Razorback fan. I think his first football game was #5 Miami’s drubbing of the #10 Hogs 51-7 in 1987 at WMS. He would talk about that from time to time like I remembered it. During the Razorback football team’s resurgence in 1998 (Nathan’s sophomore year in college), he and other friends made the trip to Mississippi State (36 in the 626 all the way to Starkville). He always disputed whether the game winning field goal was actually good. You decide, at 5:45, below:

Nathan was present for many memorable moments. The first time Hilary came to Arkansas did not disappoint. It was a boring game until 0:34 seconds were left in the 4th Quarter (6:55 in the video below):

Jones to birmingham to atlanta! nick saban has not lost to arkansas since this game, as indicated by Jones’ shirt below.

I would later commemorate Hil’s first time in Arkansas with a gift:

That Decori Birmingham catch, dubbed “[the first] Miracle on Markham,” was all Hilary needed to become a life long hog fan.

Lots of good times were had around Razorback sporting events, which Nathan eventually passed onto his children:

The Athlete

Nathan and I could usually be found playing some sport outside as kids (alluded to above), even those we invented on the spot. He and I both played tennis for the Badger Tennis Team in high school. He also taught himself how to play golf with our great grandfather’s golf clubs. While that may sound impressive, what is more impressive is Nathan was a lefty, and our great-grandfather was right handed. Tennis and golf were sports Nathan enjoyed for most of his life, whether playing or watching, and especially after he got a left-handed set of golf clubs.

After moving to Arkadelphia from Fayetteville in 2009, Nathan and Hil were recruited to play for First Presbyterian Church’s co-ed softball team (and tbh, her more than him), where Nathan ended up helping out on the coaching duties:

Full disclosure, I played for the rival First Methodist Church co-ed team after moving to Arkadelphia in 2010. Our third place finish one year is a source of pride, and a team picture still hangs in my office.

In addition to the outdoor sports, tennis, and golf, Nathan began weight lifting around 2013, which would become a source of pride as he would post pictures on social media:

Music

Nathan’s musical interest were wide ranging, and he was a trend setter at an early age. Terri had something to do with that, as she made us both take piano lessons for years. Nathan was the first person in his peer group to start listening to grunge music in the early ‘90s, and got his friends (and eventually my friends and I) hooked on Pearl Jam. Incidentally, Pearl Jam’s debut album, Ten, was released on August 27, 1991. At the 2022 AAJ Summer Convention in Seattle, I couldn’t pass up the opportunity to take a grunge pilgrimage, which I wrote about here.

At one point, Nathan and I could communicate exclusively in movie quotes and song lyrics. He was the first person I knew who could distinguish hip-hop from rap. Here is a good explanation. If he were in your presence at this very moment, Nathan could give you every word and voice intonation to Cypress Hill’s Temple of Boom, and likely several other albums. Other hip-hop groups would follow:

He normally wanted something chill playing, which is probably why he liked reggae and dub-step so much. Nathan was also an old-school country fan, especially when it meshed with his hip-hop proclivities:

Raekwon the Chef, Cookin’ Up Some Marvelous … 

Nathan’s interests often converged (the previous three pictures being good examples). Another example includes duck hunting and cooking, here. Nathan was proud of his cooking skills, which at one point were recognized by the Arkansas Bar Association. Some of Terri’s happiest times were watching Nathan cook in her kitchen. He loved to smoke meat, so much so that he obtained a 55-gallon drum and made a smoker out of it. Below are some of the results:

Nathan loved this website: https://amazingribs.com. We cooked a brisket together earlier this year, and we both easily spent three hours just exploring it. Just about everything he ever told me about cooking is in there, so if interested, enjoy. Hilary is quite the cook, too. Both of them could take whatever is available and magic out of it. Together, they passed the Raekwon mantle to their youngest. I’m looking forward to what he cooks next.

The Engineer

Nathan had an unquenchable thirst for knowledge, which he once described. When he turned 16 and started to drive, his first vehicle was Don’s 1984 Bronco II:

Nathan learned valuable mechanical skills tinkering on this vehicle. it was either operator error or the vehicle, but I remembering it dying every single time he pulled up to a stop sign. i never figured it out. the bronco was the first practical opportunity nathan had to put his engineering skills to use. many others would follow.

Nathan was a valedictorian of his 1997 Arkadelphia High School class, and quoted Led Zeppelin in his valedictorian speech:

this photograph commemorates nathan receiving a governor’s scholarship from then governor mike huckabee, circa 1997.

Nathan enrolled at the University of Arkansas-Fayetteville in the fall of 1997, where both of our parents attended:

Like Don, Nathan pledged Sigma Alpha Epsilon fraternity:

Someone was apparently slacking on Lion watch (left). #IYKYK

I would later do the same in the fall of 2001.

Nathan graduated in the spring of 2001 with a degree in computer engineering. He was the go-to guy for anything technology related. For example, he made blog posts for the following:

Beginning with the Bronco, to the green Chevy, to the Tahoe, Nathan’s interest in automobiles never went away. Even near the end, he was contemplating a Chevy K5 Blazer like the old Paul Guy used to drive (to be distinguished from the new Paul Guy, who incidentally, also has a sweet ride).

In addition to helping everyone literally everyone with computer issues, Nathan put his engineering skills to good use, such as replacing a water pump:

Or working on his Tahoe:

Or assisting with the occasional lego set and train track:

Even with a full-time attorney job, Nathan earned a Masters in Data Science from the University of Arkansas at Little Rock. His unique skill set allowed him to simplify complex issues, such as taking large sets of information and organizing it in a way that made sense. His masters thesis was an example of that, as he analyzed partisan political trends in the Arkansas General Assembly from 2001 to 2019.

The Attorney

Then there is the attorney. After graduating from the University of Arkansas in 2001, Nathan attended Washington & Lee Law School in Lexington, VA.

this picture was taken in 2001 just before nathan went to law school and i went off to college.

this picture was taken just before nathan moved back to arkansas following graduating law school in 2004.

After graduating in 2004, Nathan’s first job out of law school was with the Henry Firm in Fayetteville doing intellectual property work. Fresh out of law school, Nathan’s first real assignment involved arguing a federal district judge improperly granted summary judgment in front of the Federal Circuit Court of Appeals in Washington, D.C. The Court ultimately affirmed the district court’s construction of the term “clear,” and the grant of summary judgment to another party. Nathan always spoke of that experience being extremely valuable to his legal career. His work at the Henry Firm left behind a trail that I follow to this day. For example, Nathan successfully resisted a protective order in an intellectual property seed litigation case, which is equally applicable to other types of protective orders.

In 2009, Nathan and Hilary moved to Arkadelphia from Fayetteville with 1-year old River in tow to work for this law firm. I joined 6 months later.

I’ve said it before and I’ll say again now, most young attorneys are fortunate to have one mentor. I had two, and am forever grateful for that. 

Like his time in Fayetteville, Nathan made an impact at the firm. Approximately three years before Nathan and his family moved home, Clark County undertook significant steps at economic development by generating the Clark County Strategic Plan (“CCSP”), and implementing it by forming the Arkadelphia Regional Economic Development Alliance (“AREDA” or “Alliance”), which included forming a county economic development corporation (“EDCCC”) under the Alliance umbrella. In 2006 and 2008, Clark County had unsuccessful attempts to vote on whether the County would remain “dry,” or become “wet;” that is, making it legal to sell alcohol within the County. These are known as “local option” elections, and require 38% of qualified electors to sign a petition to get the issue on the ballot. The following articles tell the story of what happened next:

The court opinion mentioned above is available here.

This article was published on april 13, 2009.

This article was published on June 3, 2010.

This article was published on July 10, 2010.

This article was published on July 21, 2010.

Nathan provided many reasons for voting wet, here. On election night, I asked him why he agreed to do this. Nathan’s response was “If not you, who?” That sentiment, and his sentiment behind the above editorial, is why i have served as a city director for ward 1 on the arkadelphia city board of directors since july of 2016.

This article was published on November 3, 2010.

After the county voted to go wet, Nathan described the initial impact here. Brick and mortar restaurants such as Slim & Shorty’s, Java Primo, and 67 Grill later opened. According to the Arkansas Department of Finance and Administration (“DFA”), sales and use taxes for alcohol are encompassed within 12 entity types under the North American Industry Classification System (“NAICS”). There is no single line item for the sale of alcohol. However, there is an entity type for beer, wine, and liquor retailers (box liquor stores). According to DFA, this entity type represents the total sales and use tax for box liquor stores, and is not segregated by alcohol sales and non-alcohol sales. However, given that box liquor stores would not exist in Clark County had the wet/dry election not occurred in 2010, it is fair to conclude the total amount of sales and use taxes from box liquor stores is 100% attributable to 2010 wet/dry election. The same cannot be said for the other 11 NAICS entity types. The following chart demonstrates how much sales and use taxes those box stores have paid collectively from January 1, 2014 to August of 2023:

Because there are 11 other entity types that encompass the sale of alcohol, the above numbers are only a small fraction of the total economic impact from the sale of alcohol in Clark County during the time period. DFA refused to provide me with the amount of sales and use taxes from January 1, 2011 to July 31, 2020 for only the box liquor stores. So on September 14, 2023, I filed a lawsuit pursuant to the Freedom of Information Act to obtain that information. See 60CV-23-6905. The above represents the information provided to date.

Nathan also represented Columbia County Vote for Growth, which voted to go wet in 2014. Depending on how the above mentioned lawsuit goes, I will likely attempt to obtain that information as well.

2011 was a great year for Nathan’s legal career. Early on in the year, Nathan first chaired a jury trial in the Western District of Arkansas for an owner operator trucker who was run off the road by an FFE truck on I-30. The Honorable Jimm Larry Hendren presided. I third-chaired that trial. Doing patent work, Nathan had appeared before the same judge several times. On one of those occasions, he told me that he had all of the trial exhibits on a computer or an iPad, and Judge Hendren got to the point where he saw Nathan coming and said: “Don’t bring that thing up here one more time!”

Nathan handled nearly every facet of that trial to perfection, and the jury rendered a substantial verdict. Ultimately though, Judge Hendren granted the trucking company a new trial for a comment made in closing argument. So we tried the case again in early 2012, and got the exact same result. The trucking company appealed to the United States Court of Appeals for the 8th Circuit, where Nathan argued as seen below:

Here, Nathan described the experience. The 8th Circuit affirmed in 2013, which set the following precedent for medical illustrations at trial:

“FFE and Booker contend the district court abused its discretion in permitting Dr. Hutson to use undisclosed anatomical drawings at the second trial. Under the circumstances of this case, we disagree.

FFE and Booker assert the anatomical drawings were substantive, not merely demonstrative, and there was insufficient evidence the depictions were substantially similar to Bradshaw’s injuries, citing McKnight ex rel. Ludwig v. Johnson Controls, Inc., 36 F.3d 1396, 1402 (8th Cir.1994) (“[E]xperimental evidence falls on a spectrum and the foundational standard for its admissibility is determined by whether the evidence is closer to simulating the accident or to demonstrating abstract scientific principles. The closer the experiment gets to simulating the accident, the more similar the conditions of the experiment must be to the accident conditions”). We do not necessarily agree with FFE and Booker that the McKnight standard for experimental evidence governs admissibility of demonstrative medical illustrations. See Crockett, 49 F.3d at 1361 (explaining the standard for use of “pedagogic visual aids” is “whether the pedagogic device in question ‘was so unfair and misleading as to require a reversal’” (quoting United States v. Possick, 849 F.2d 332, 339 (8th Cir.1988))). Under either standard, use of these visual aids was within the trial court’s discretion. Dr. Hutson testified “a retired medical illustrator” made the drawings and “the illustrations accurately show[ed Dr. Hutson’s] diagnosis of th[e] injuries.” To the extent Bradshaw was required to establish the illustrative anatomical drawings were substantially similar to Bradshaw’s injuries and not grossly misleading, Dr. Hutson’s testimony was sufficient.

The district court properly instructed the jury on the correct use of the anatomical drawings, stating Dr. Hutson’s testimony was evidence and the exhibits were visual aids and “not substantive evidence ... of anything.” When Dr. Hutson’s testimony began to rely too heavily on the exhibits, the district court intervened and limited the scope of the testimony. We presume the jury follows the court’s limiting instructions. See Loehr v. Walton, 242 F.3d 834, 837 (8th Cir. 2001). The district court did not abuse its discretion in permitting Bradshaw to use the anatomical drawings at trial.”
— Bradshaw v. FFE Transp. Servs., Inc., 715 F.3d 1104, 1108-09 (8th Cir. 2013).

On November 12, 2009, in representing an injured driver, nathan objected to an insurance company using an employee lawyer to represent an at-fault driver for whom the company provided coverage. Attorneys owe a duty of undivided loyalty to their clients. See Cole v. Laws, 349 Ark. 177, 185, 76 S.W.3d 878, 883 (2002). Because of this, and because Arkansas prohibits corporations from practicing law, Nathan challenged the right of the employee lawyer to represent the at fault driver. No Arkansas appellate court had previously decided the issue. The trial judge agreed with Nathan, and the insurance company appealed. The Arkansas Supreme Court agreed on March 3, 2011, stating:

“Appellants argue that the language of [Ark. Code Ann.] 16–22–211 (which prohibits corporations from practicing law) should not be interpreted as creating disjunctive alternatives. However, in its ordinary sense, the word ‘or’ is a disjunctive particle that marks an alternative, generally corresponding to ‘either,’ as ‘either this or that’; it is a connective that marks an alternative. McCoy v. Walker, 317 Ark. 86, 89, 876 S.W.2d 252, 254 (1994) (quoting Beasley v. Parnell, 177 Ark. 912, 918, 9 S.W.2d 10, 12 (1928)). Additionally, were we to hold that ‘in and about its own immediate affairs’ includes litigation to which it is not a party, but to which it is closely connected or has an interest in the outcome, the language following would be superfluous. Obviously, litigation to which it is a party or could become a party would then be included in the first exception. As noted, ‘we construe the statute so that no word is left void, superfluous or insignificant, and we give meaning and effect to every word in the statute, if possible.’ Dachs, supra.

In the instant case, it is undisputed that [Farmers Insurance Exchange] is not a party and will not become a party to the underlying lawsuit. Therefore, it was prohibited by Ark. Code Ann. § 16–22–211 from assigning appellant Brown, one of its in-house counsel, to defend the insureds in the litigation.”
— Brown v. Kelton, 2011 Ark. 93, *4-5, 380 S.W.3d 361, 364-65.

Nathan described this experience, here, here, and here. All of us having effective legal representation was one of Nathan’s core beliefs, regardless of who may have been at fault, who may have been hurt, etc. His work in obtaining this opinion prohibits insurance companies and other corporations from subsuming entire law firms, which is a trend in other countries and states.

In the summer of 2011, the Arkansas Law Review published an article Nathan wrote providing a survey of bad faith insurance tort cases in Arkansas. It is the most comprehensive work on Arkansas bad faith law to date, which Nathan commented about here. More than one attorney has thanked me for it, and I know several who thanked him as well, even several on the other side of the “v.”

In October of 2011, Nathan and I were getting ready for another trial as a “Cedric ‘I’m’ Brooks” song began playing on his iPod (remember those?). Nathan would later say he knew everything was going to be alright at that moment since that was our client’s name. Nathan first-chaired that trial, wherein our injured driver sustained a back injury when a Gross & Jane’s Company truck pulled out in front him. Nathan showed great poise in the face of a defense witness who tried to bully his way over Nathan, who simply wasn’t having any of it. The jury returned a substantial verdict, which was affirmed by the Arkansas Court of Appeals in 2012. The appellate opinion made law on the caretaking element of damages, as follows:

“Gross also argues that there is no proof from which the jury could ascertain the value of the [caretaking] services sought by Brooks. According to Gross, Brooks’s attorney ‘pull[ed] a number out of [his] ear’ during opening statements when he suggested $75 per month for this item of damage. Our supreme court has recently held that recovery for such services would not be denied merely because such damages cannot be determined with exactness. Carr v. Nance, 2010 Ark. 497, 370 S.W.3d 826; see also Graftenreed v. Seabaugh, 100 Ark.App. 364, 268 S.W.3d 905 (2007). Other states have held that the jury may determine the reasonable value of caretaking services as a matter of common knowledge without specific evidence of the value. See Scurlock v. City of Boone, 142 Iowa 684, 121 N.W. 369 (1909); Drogmund v. Metropolitan St. Ry. Co., 122 Mo.App. 154, 98 S.W. 1091 (1906). As with the loss of earning capacity argument, Gross cannot show prejudice on Brooks’s claim for caretaking expenses due to the fact that the case was submitted to the jury on a general verdict. ”
— Gross & Janes Co. v. Brooks, 2012 Ark. App. 702, *10, 425 S.W.3d 795, 802.

I did all of the appeal briefing in that case. As a young lawyer at the time, it gave me a lot of confidence when Nathan’s edits were minimal.

In 2012, Nathan was proud to represent a disabled military veteran in district court from an overreaching lending company. He wrote about the experience, here.

In 2014, the Arkansas Law Review again published an article Nathan wrote, which involved an analysis of the safe harbor provision of the Arkansas Deceptive Trade Practices Act. Nathan described the article, here. The purpose of that Act is to protect the interests of both the consumer public and the legitimate business community. The safe harbor provision states:

“This chapter does not apply to:

(3) Actions or transactions specifically permitted under laws administered by the Insurance Commissioner ... or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter.”
— Ark. Code Ann. § 4-88-101(3).

At least one federal district court in Arkansas previously ruled insurance companies could not be sued under this provision because the Arkansas Insurance Department regulated the general activity of insurance carriers. The rationale for this ruling was the Court equating the terms “permitted” and “regulated.” Nathan’s article reached the opposite result:

“Because the terms “permitted” and “prohibited” are mutually exclusive, however, rules of statutory construction dictate against defining “permitted” to mean “regulated” when “regulated” can also mean “prohibited.” For this reason, many more courts have rejected the general-activity rule than have adopted it because such a rule violates a plain-meaning interpretation of safe-harbor provisions that exempt only permitted conduct.”
— Nathan Price Chaney, The Arkansas Deceptive Trade Practices Act: The Arkansas Supreme Court Should Adopt the Specific-Conduct Rule, 67 Ark. L. Rev. 299, 301 (2014).

In 2017, the Arkansas Supreme Court agreed, and cited Nathan’s article for guidance. Ultimately, the Court concluded:

“Based on our rules of statutory construction, we hold that the ADTPA’s safe-harbor provision should be applied according to the specific-conduct rule, meaning that it precludes claims only when the actions or transactions at issue have been specifically permitted or authorized under laws administered by a state or federal regulatory body or officer.”
— Air Evac EMS, Inc. v. USAble Mut. Ins. Co., 2017 Ark. 368, *6, 533 S.W.3d 572, 575-76.

Nathan was selected five times in a row as a Super Lawyer’s Rising Star, the National Trial Lawyer’s Top 40 Under 40, received the 2011 Outstanding Young Lawyer from the Arkansas Trial Lawyer’s Association (which he wrote about here and here), and was a significant part of this law firm receiving the 2013 Trial Lawyer’s of the Year from the Arkansas Trial Lawyer’s Association. Nathan also frequently wrote about safety tips, including:

Nathan loved the holidays, and never missed an opportunity to take advantage of the holiday season, as you’ll see below:

He frequently wrote about Halloween safety tips: here, here, here, and here.

Nathan also incorporated the Hogs many times to explain several topics, including:

Nathan was also extremely proud of Hilary and her work, from her writing a book, to speaking at conferences raising awareness of mental health, to presenting multiple continuing education courses (here, here, and here).

In 2016, Nathan took a job at UAMS, which he described here. He later took jobs at Kinesso and Wal-Mart. While at UAMS, Kinesso, and Wal-Mart, he would make many close friends that would help him and our family through his illness.

The Family Man

Nathan met his future wife Hilary in law school. They married in 2006. Baby River was born in 2008, and baby Carter followed in 2011. Above all else, Nathan adored his family, as they were his pride and joy as you’ll see below:

Conclusion

From the sportsman, to the athlete, to the engineer, to the chef, to the attorney, to the family man, to just about anything else, at some point I just started calling Nathan “Mr. Fusion” after this scene in Back to the Future III (2:40-2:50):

Nathan is proof you can accomplish whatever you put your mind to, which is also the legacy of Back to the Future:

Nathan put his mind to quite a bit, and all of the people whom he touched are better off for it; me perhaps most of all. Rest easy Mr. Fusion.

Arms Around Arkadelphia - 2023

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On June 13, 2023, several members of the Arkansas Trial Lawyers Association participated in the annual Arms Around Arkadelphia service projects organized by First Baptist Church of Arkadelphia.

Readers of this blog may recall ATLA’s participation in prior years, here, here, and here. For 2023, the ATLA crew’s job was demolition of a shed, pictured below. The shed belonged to the homeowner’s father, who passed away a few years ago. The health issues of the homeowner gave us the opportunity to help.

After getting the electricity turned off, we cleaned out the inside of the shed as best we could:

removing the window was the final prep before demolition began

While we’re always willing to do whatever is needed, I’ve observed demolition is a coveted activity of ATLA members. A lot of our time is spent talking on the phone, or looking at computer screens reading cases, court rules, evidence rules, etc. Getting exercise, and working outside is always a nice change of pace. And, as if the demolition were not enough, we were instructed to burn the debris and haul the roof to the street:

THE STRUCTURAL INTEGRITY OF THE SHED HAD BEEN STRIPPED AT THIS POINT AND THE ONLY THING LEFT TO DECIDE WAS WHICH DIRECTION IT WAS GOING TO COME DOWN

Once we got the shed down, we quickly discovered separating the roofing from the plywood was the biggest challenge of the whole project due to tar melting the two together:

We finally just chainsawed the underlying supporting structures and removed the plywood sheets, burned the plywood sheets that we were able to remove the roofing, and separated the rest into a separate pile to take to the street.

SHORTLY AFTER THIS PICTURE WAS TAKEN, WE DECIDED IT WAS TIME FOR LUNCH

I always look forward to lunch every year during Arms Around Arkadelphia. It is a potluck full of homemade goodness cooked by members of the First Baptist Church. It’s also a good time to catch up with longtime friends, and to make new ones. This year, we were fortunate enough to have members of a youth group join us after lunch, who proved to be a great help in finishing the project:

With the reinforcements after lunch, we were able to finish in a reasonable amount of time. Many thanks to them, and to Arms Around Arkadelphia for allowing us to participate again this year.

FROM LEFT TO RIGHT, ATLA MEMBERS CALEB BAUMGARDNER OF THE BAUMGARDNER LAW FIRM IN EL DORADO; BRIAN TRUBITT OF TAYLOR KING & ASSOCIATES IN ARKADELPHIA; TAYLOR CHANEY OF CHANEY LAW FIRM, P.A. IN ARKADELPHIA; AND JAY NEAL OF TAYLOR KING & ASSOCIATES IN ARKADELPHIA.

If you’re interested in getting involved with Arms Around Arkadelphia, either with your time or financially, or both, contact me at taylor@chaneylaw.com or David McAlister at davidmcallister36@gmail.com.

Water Consciousness - Things to Remember this July 4th

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A few recent events have reminded me of the importance of being water conscious.

Earlier this year, a story emerged about Peyton Hillis, whom you may remember as Arkansas’ top ranked high school football player in 2004:

You may remember Hillis catching punts for the Hogs, or having the best hands on the team during his time in Fayetteville, but I remember him being the bone crushing fullback for DMAC and Felix Jones:

Or … you may remember Hillis being the Madden cover-boy in 2012:

It took someone with that kind of athletic ability earlier this year to prevent a tragedy. A swimming incident occurred involving Hillis’ son and niece (both under 10-years old), which nearly took his life on January 4th of this year, as he told Good Morning America:

Just a few days ago, another Razorback football legend was not so lucky in a similar situation. Ryan Mallett tragically drowned on June 27, 2023. It was first thought he got caught in a rip current on the Florida Gulf Coast near Destin. Although I’ve been a time or two, going to the beach is not a regular activity for me. I’ve never researched rip currents before until now. The National Oceanic and Atmospheric Administration (“NOAA”) explains:

“When waves travel from deep to shallow water, they break near the shoreline and generate currents. A rip current forms when a narrow, fast-moving section of water travels in an offshore direction. Rip current speeds as high as 8 feet per second have been measured—faster than an Olympic swimmer can sprint! This makes rip currents especially dangerous to beachgoers as these currents can sweep even the strongest swimmer out to sea.”
— oceanservice.noaa.gov

The NOAA recommends caution for beach swimmers because rip currents move perpendicular to shore and can be very strong:

A person caught in a rip current can be swept away from shore very quickly. For whatever reason, the rip currents in the gulf have been particularly bad this year. Local authorities have warnings along the beach to advise how safe it is to swim, which ranges from dangerous marine life to the beach being closed. According to the NOAA, the best way to escape a rip current is by swimming parallel to the shore instead of towards it, since most rip currents are less than 80 feet wide. A swimmer can also let the current carry him or her out to sea until the force weakens, because rip currents stay close to shore and usually dissipate just beyond the line of breaking waves. Occasionally, however, a rip current can push someone hundreds of yards offshore. The most important thing to remember if you are ever caught in a rip current, according to the NOAA, is not to panic. Continue to breathe, try to keep your head above water, and don’t exhaust yourself fighting against the force of the current.

Okaloosa County, Florida authorities later issued a statement that rip currents or other swimming or surf conditions were not a factor in Mallett’s passing. It was just a tragic accident.

I’ll never forget Mallett towering above his teammates and coaches walking up and down the Hogs’ sidelines in 2008 while he sat out that season after transferring from Michigan. As a Razorback fan, it didn’t take long in 2009 to realize Mallett was a special player as he torched a very good Georgia defense:

Mallett’s other accolades from 2009 can be seen here, here, and here. In 2010, Mallett led the Hogs to their only BCS bowl appearance, and for any Hog fan, they won’t forget moments in these two games:

Mallett’s other accolades from 2010 can be seen here and here. As a Hog fan, Mallett represented hope, and provided uncommon faith in a player that does not come around often. I think the hope, faith, and joy he brought as a player to fans is why many who knew never personally knew him (me included) feel a sense of sorrow after his passing, which was shown by the eruption of social media post by people whom Mallett generously shared a picture. As a person, he was obviously much more to those close to him. #Remember15

The water safety events involving Hillis and Mallet, and the approaching 4th of July holiday weekend, were a reminder to me to always be water conscious. What hit me about the Hillis’ interview was him talking about the weather causing dangerous swimming conditions. The Hillis and Mallett situations got me looking into other water safety topics. I found stories including three men who drowned while recreating too close to a low-water dam in the Tulsa area on the Arkansas River, a duck hunter falling through ice and nearly drowning, and high winds causing a boat to capsize, causing a duck hunter to drown.

The Red Cross recommends the following swimming safety tips: (1) provide close and constant attention to children you are supervising in or near water; (2) take smart precautions and use layers of protection; and (3) ensure that everyone in the family learns to swim well and what to do in a water emergency. Each recommendation has several sub-points supporting each factor that is worth reviewing. Other additional water safety resources provided by the Red Cross are:

Water safety;

Drowning prevention and facts;

Home pool and hot tub safety;

Swimming in lakes, rivers and streams;

Swimming safely at the beach; and

Life jacket safety saves lives.

Each link above has several worthwhile recommendations under each topic to think about before hitting the water this holiday weekend.

If you’re looking for swim classes, the Red Cross also provides locations near you. Locally, the City of Arkadelphia will be providing swim lessons this summer through the Parks and Recreation Department at the Aquatic Park. The first session of swim lessons occurred from June 6-16. The second session is from July 11-21, and the third session is from August 1-11. Each session will be on Tuesdays, Thursdays, and Fridays from 10:00-10:30 am at a cost of $65.00 to participate. Each session will cater to six different swimming abilities.

In addition to swimming safety, a website hosted by the U.S. Coast Guard has lots of relevant water safety topics. For example, one study by the National Association of State Boating Law Administrators found as follows:

Recreational boating statistics published by the Department of Homeland Security and the U.S. Coast Guard are also telling. For 2022, the following charts demonstrate the primary contributing factors for boating accidents and injuries are closely correlated:

You can find the full document here, and below is an executive summary of all data, and the conclusions drawn by the authors:

From this author’s perspective, and perhaps not surprisingly, the conclusion to draw from these statistics is to ensure the operator of a boat has enough experience and education to do so; and to be conscious of the leading causes of boating accidents and injury shown above. The Arkansas Game and Fish provide lots of good resources on boater education, which you can find here.

With the above in mind, have a safe and fun holiday weekend celebrating the birth of the country.

The 2023 Assist of the Year goes to the Iron Eagle Moving Company

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We mentioned earlier in this space the law firm moved two blocks south to 501 Crittenden Street after 20-years of being located on the second floor of the U.S. Bank building in downtown Arkadelphia. If that sounds like an undertaking, it was; and it would have been worse if the force wasn’t with us:

You’ve seen Master Yoda force transfer an X-Wing out of a swamp. You’ve seen him win lightsaber duels with Sith lords 10 times his size. Even Master Yoda was not powerful enough to force transfer 20-years worth of law firm 2-blocks south; but Leon Johnson and Iron Eagle Moving Company were, as you’ll see below.

Moving is my least favorite thing to do. Its much more difficult when you don’t have a place to put stuff. When Don and Terri moved to Arkadelphia in 1979, they obtained storage space, which turned into the law firm’s location for closed client files. The Arkansas Rules of Professional Conduct has certain requirements for the retention of documents, as follows:

“A lawyer shall take reasonable steps to maintain the client’s file in paper or electronic format for five (5) years after the conclusion of the representation in a matter.”
— Ark. R. Prof'l Conduct 1.19(b)(1)

In keeping with this rule, Don never threw any closed client files away. So the storage space was full of closed client files, some going back to the ‘80s. Several hundred banker boxes full of these old closed client files had to be removed to make space for newer closed client files. So in essence, what was one move actually turned into two moves.

One of the few things I enjoyed about the move was coming across a few diamonds in the rough (the Price family hoarding gene is strong):

And then there was what seemed liked a never ending supply of boxes. If there was one, there was a thousand (or more):

The move provided us with a much needed opportunity to purge, but not everything we had to get rid of was easy to do. For example:

This old color laserjet printer tried more cases than I have. It was a warrior in the courtroom, and will be missed. But they just don’t make updated printer drivers, even for printers that should be in the hall of fame. Maybe they should make those drivers. Maybe they should have a printer hall of fame.

Slowly but surely, the move out of the old office and into the new office began to take shape:

[Drumroll] … For those who haven’t been by yet, here is the finished product:

In addition to Leon and others with the Iron Eagle Moving Company, our staff were absolute champions during this process. Thank you Jess and Mal! Many others also pitched in and helped at a moments notice. We’re extremely grateful for all of the help everyone provided.

The pictures above of the finished product do not do it justice. Come by and see it for yourself!

2023 ATLA Convention: One to Remember

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Hey there. It’s been awhile. Lots has happened since we last wrote in this space. After 20-years in the U.S. Bank building in downtown Arkadelphia, the Chaney Law Firm moved 2-blocks south to 501 Crittenden Street (more on that later). A lot happened just last week at the 2023 Arkansas Trial Lawyer’s Association annual convention in Eureka Springs.

I’ve come to look forward to these conventions every year, almost like a holiday, because each one feels more like a family reunion than an attorney convention. Growing up, Don and Terri would take Nathan and I out of school for two days to drive 5 hours one way to Eureka Springs (Hwy 65 wasn’t 4-laned to Clinton back then).

Over the years, certain locations took on a significant degree of family nostalgia to the point they must be acknowledged each year. For example, below is one of those places:

During rush hour traffic in’93 or ‘94, Nathan ran over a piece of equipment that had fallen off of a vehicle in the middle of the road on the right (Hwy 65/412 in Harrison), which caused a tire to blow out. Although there was a significant commotion in the vehicle for him to deal with immediately afterward (cough), he calmly turned onto second street and took the next right to get safely out of the traffic to deal with the flat tire. He recalled this experience to me a few weeks ago after his own 14-year old son popped a tire that required changing. There are plenty of stories about me, too. We’ll save those for another day. #IYKYK

On one of the convention days, I got to visit with an attorney friend, whose father and older brother are also practicing attorneys whom we had seen the previous night at dinner. I told him it made me happy to see the three of them together as I hadn’t seen his older brother in a long time. The younger attorney friend relayed to me that it was a special time for them; and before I knew it as he was talking to me, thoughts and memories of my own brother came flooding to mind. Many of you already know, but for those that don’t, Nathan was diagnosed with colon cancer in November/December. I can’t see the pool or gaming area at the Inn of the Ozarks (seen in the video below) without remembering Nathan and I spending a lot of time there while Don was getting his continuing legal education hours at the convention.

The same thing happened when I saw the convention koozie (pictured above); Nathan and I went fishing on the nearby Kings River early one morning on a convention day several years ago, which has been one of his happy places going back to college. It happened again another night at the incoming president’s shin-dig at the go-kart place in Eureka Springs. Nathan and I have driven a lot of miles around that track, but I hadn’t done it in a long time:

That my’s game face set to race against the incoming atla president, breean walas. I lost. :(

On the Thursday afternoon of the convention, I was extremely proud to see Jessica receive the Outstanding Legal Assistant of the year award from ATLA. For anyone that knows her or works with us, they know Jessica is the heartbeat of our law firm.

The Arkadelphian quoted me saying “we couldn’t have made it through the last year without her quick thinking, initiative and dedication.” I will always be thankful for that.

Something else happened at the convention that I’ll never forget: I was chosen by my peers as the inaugural recipient of the Ruthanne Murphy Good Works Award.

Many knew Ruthanne better than I did, but I always had a tremendous amount of respect for her. She did not care about being recognized for her actions; she did what she did because it was the right thing to do. One example given was her continuous and longstanding dedication to feeding the homeless, whether it be at a shelter or otherwise. Her obituary (left) was published on June 4, 2022. “[A] fierce warrior for justice and a beacon in a dark world” is how I will always remember her. Even as I’m trying to do so, I can’t really express in words what an honor it is have my name associated with Ruthanne’s name, much less be the first recipient of an award named after her.

To make the occasion even more memorable, my close friend Breean Walas was the one who presented the award to me as the incoming president:

Breean has taught me more about practicing law than I ever learned in law school, whch is something for which I’ll forever be grateful.

I couldn’t let the moment pass without telling the atla membership that ruthanne stood for everything the organization stands for, and is an example of what we all should aspire to be as attorneys.

A few minutes after the above photograph was taken, I walked outside the meeting hall to meet Ruthanne’s family, which was the highlight of the entire convention for me:

I’m shaking hands with Ruthanne’s husband, Jim Garrett.

As noted by the Arkadelphian, ATLA has been helping First Baptist Church’s Arms Around Arkadelphia organization. Since 2018, several ATLA attorneys from across the state have given up their time (some driving 4-hours or more one-way) to come to Arkadelphia and lend a hand in service projects around town put together by the AAA group; one of those times was detailed here. If you’re interested in seeing the results of these service projects, First Baptist Church puts together a video every year, which you can find here. This year, the AAA service projects will take place from June 12-15, 2023. If you’re interested in getting involved, contact me at taylor@chaneylaw.com, or David McAlister at davidmcallister36@gmail.com.