LITTLE ROCK — The Arkansas Supreme Court Committee on Professional Conduct reprimanded a Fort Smith attorney Thursday for practicing law in Virginia without a license and failing to file documents on time.
Michael Collins was accused of filing an answer to a complaint against his clients, Van Buren-based Hamby and Hamby Family Wellness Clinic, PLLC, in Bland County, Va., on Dec. 28, 2009.
The suit was brought by Virginia-based General Injectables and Vaccines.
Collins is licensed to practice law in Arkansas and several other states, but not Virginia. He did not ask the Bland County Circuit Court for permission to represent the clinic in a jurisdiction where he was not licensed.
The answer was also filed after a deadline set by the Virginia court.
On March 8, 2010 , a default judgment of $163,388.33 plus attorney’s fees of $40,847.08 was entered against Hamby and Hamby.
Dr. Jeffrey Hamby and his wife, Tamara, learned of the judgment entered against them when a Crawford County sheriff’s deputy informed the Hambys the clinic would be sold to satisfy the debt. To prevent the sale, the clinic filed for Chapter 11 bankruptcy Nov. 15, 2010.
Collins also failed to timely file a response to a production request in another 2009 case involving the clinic.
Tamara Hamby later filed a complaint with the Committee on Professional Conduct.
Collins admitted to violating three of the Arkansas Rules of Professional Conduct. He was fined $50 by the committee.
Rule 1.1 requires that a lawyer provide competent representation to a client. Rule 1.3 requires a lawyer act with reasonable diligence and promptness. Rule 5.5 (a) states that a lawyer shall not practice law in a jurisdiction if it violates the legal rules in that jurisdiction.
According to the Administrative Office of the Courts, this was Collins’ first reprimand.
Arkansas, Pages 16 on 07/27/2012