As used in these Procedures, unless the context otherwise requires:
A. "CLERK" means the Clerk of the Arkansas Supreme Court.
B. "COMMITTEE" means the Arkansas Supreme Court Committee on Professional
C. "COMPLAINANT" means the person(s) initiating a complaint, the Executive
Director when acting at his or her own instance, or the Committee when acting at its own
instance or on behalf of another in initiating a complaint.
D. "COMPLAINT" means an inquiry, allegation, or information of whatever nature and
in whatever form received by, coming to the attention of, or initiated by the Office of
Professional Conduct or the Committee and concerning the conduct of a person subject to the
jurisdiction of the Committee.
E. "FORMAL COMPLAINT" means a complaint directed to an attorney by the Office
of Professional Conduct setting forth the alleged violation(s) of the Rules and informing the
attorney of the right to file a written response.
F. "LESSER MISCONDUCT" is defined in Section 17(C).
G. "OFFICE OF PROFESSIONAL CONDUCT" means the staff office managed and
supervised by the Executive Director, which is responsible for receiving and investigating all
complaints concerning members of the Arkansas Bar, filing formal complaints, presenting cases
in hearings before the Committee panels, and litigating cases from the Committee before any
court of this State.
H. "RESPONDENT" or "RESPONDENT ATTORNEY" means an attorney against
whom a formal complaint has been initiated, whether or not the attorney has failed to file a
I. "RULES" means the former Model Rules of Professional Conduct of the American
Bar Association, as amended, and, after May 1, 2005, the Arkansas Rules of Professional
Conduct, and any statutory provisions or rules adopted by the Arkansas Supreme Court
regulating the professional conduct of attorneys at law.
J. "SERIOUS CRIME" means (1) any felony, (2) any lesser crime that reflects adversely
on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, or (3) any crime
a necessary element of which, as determined by the statutory or common law definition of the
crime, involves interference with the administration of justice, false swearing, misrepresentation,
fraud, deceit, bribery, extortion, misappropriation, theft or an attempt, conspiracy or solicitation
of another to commit a "serious crime."
K. "SERIOUS MISCONDUCT" is defined in Section 17(B).
L. "SUBSTANTIAL," when used for the purposes of these Procedures in reference to
degree or extent, means beyond mere suspicion or conjecture and of sufficient force and
character to compel a conclusion one way or another with reasonable and material certainty and
M. "UNAVOIDABLE CIRCUMSTANCES" means circumstances not attributable to
negligence, carelessness, fault, or the lack of diligence on the part of the respondent attorney.