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Brown v. Kelton

2011 Ark. 93 (2011)

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Brown v. Kelton

Arkansas Supreme Court
2011 Ark. 93 (2011)

  • Written by Rose VanHofwegen, JD

Facts

Brian Kelton (plaintiff) sued Mid-Central Plumbing Company Inc. (Mid-Central) and its sole shareholder, John Rogers (defendants) after a vehicle Mid-Central owned struck Kelton’s vehicle. Truck Insurance Exchange (TEI) insured Mid-Central and Rogers, while Farmers’ Insurance Exchange (FIE) reinsured TEI. Attorney Stephen Brown worked in-house for FIE, which was not a party to the lawsuit. About three months into the litigation, the attorney for Mid-Central and Rogers filed a motion to substitute Brown to represent them in the lawsuit. Kelton objected. The trial court disqualified Brown, reasoning his representing Mid-Central and Rogers would amount to FIE engaging in the unauthorized practice of law and create a nonwaivable conflict of interest. Brown, Mid-Central, and Rogers appealed.

Rule of Law

Issue

Holding and Reasoning (Danielson, J.)

Concurrence (Hannah, C.J.)

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