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Abel v. Kowalski

Supreme Court of Arkansas
Jan 22, 1996
913 S.W.2d 788 (Ark. 1996)

Summary

holding that a person not licensed to practice law in this state cannot represent another

Summary of this case from Davidson Properties, LLC v. Summers

Opinion

94-988

Opinion delivered January 22, 1996

1. ATTORNEY CLIENT — ONE WHO IS NOT LICENSED ATTORNEY MAY NOT PRACTICE LAW IN ARKANSAS. — One who is not a licensed attorney may not practice law in Arkansas. 2. APPEAL ERROR — MATTER RETURNED TO COURT OF APPEALS — APPELLATE COURT DIRECTED TO HAVE APPELLANTS PROMPTLY FILE BRIEFS. — Where the appeal record reflected that the original transcript in the present case was filed in the court of appeals on September 15, 1994, and appellants were granted at least five extensions to file a brief, the last of which was on November 6, 1995, but the court of appeals, giving no reason for doing so, certified the case to the supreme court on December 13, 1995, the supreme court returned the matter to the court of appeals, directing the court of appeals to strike any motions filed by the unlicensed party on behalf of others and to have appellants promptly file their briefs and to dismiss appellants' appeal if they fail to do so.

Motion to Supplement the Record; Certified to Court of Appeals with Directions.

Bill Hatch, pro se.

No response.


[1] A Bill Hatch purportedly appears pro se, but tenders a motion on behalf of appellants Allen Abel and Liberty Real Estate, requesting certain documents be added to the record on appeal. First, we note that Hatch is not a licensed attorney and may not practice law in Arkansas. See Ark. Code Ann. § 16-22-206 (1987); see also All City Glass Mirror, Inc. v. McGraw Hill Information Sys. Co., 295 Ark. 520, 750 S.W.2d 395 (1988). Therefore, Hatch may not represent Abel or Liberty Real Estate in this case. Second, the appeal record reflects the original transcript in this case was filed in the court of appeals on September 15, 1994, where appellants were granted at least five extensions to file a brief, the last of which was on November 6, 1995. On December 13, 1995, the court of appeals, giving no reason for doing so, certified this case to our court. Afterwards, on December 18, 1995, Hatch tendered the above motion in this court to supplement the record.

[2] We return this matter to the court of appeals, noting first that Hatch cannot represent appellants Abel and Liberty Real Estate, and we direct the court of appeals to strike any motion(s) filed by Hatch on behalf of others. We also direct the appellate court to have appellants promptly file their briefs in this case and to dismiss appellants' appeal if they fail to do so.

It is so ordered.


Summaries of

Abel v. Kowalski

Supreme Court of Arkansas
Jan 22, 1996
913 S.W.2d 788 (Ark. 1996)

holding that a person not licensed to practice law in this state cannot represent another

Summary of this case from Davidson Properties, LLC v. Summers

holding that in Arkansas a person who is not a licensed attorney may not file a motion in the supreme court or the court of appeals because it would violate the rule prohibiting the unauthorized practice of law

Summary of this case from Bouland v. Erwin Keith, Inc.

holding that a person not licensed to practice law in this state cannot represent another

Summary of this case from Martin v. Blankenship

In Abel, a person appeared pro se but purportedly tendered a motion on behalf of appellants, requesting that a certain document be added to the record on appeal.

Summary of this case from Preston v. University of Arkansas for Medical Sciences
Case details for

Abel v. Kowalski

Case Details

Full title:Allen ABEL and Liberty Real Estate, et al. v . Andrew KOWALSKI

Court:Supreme Court of Arkansas

Date published: Jan 22, 1996

Citations

913 S.W.2d 788 (Ark. 1996)
913 S.W.2d 788

Citing Cases

Davenport v. Lee

Similarly, this court held that the filing of motions constituted the unauthorized practice of law. See Abel…

White v. Clay

A person who is not a licensed attorney may not practice law in Arkansas. Abel v. Kowalski, 323 Ark. 201, 913…