No. 21-263

Kimbro Stephens Insurance Trust, et al. v. James E. Smith, Jr., et al.

Lower Court: Arkansas
Docketed: 2021-08-24
Status: Denied
Type: Paid
Response Waived
Tags: attorney-termination bankruptcy bankruptcy-procedure civil-procedure client-rights due-process first-amendment fourteenth-amendment lawyer-discharge legal-malpractice standing
Latest Conference: 2021-10-15
Question Presented (from Petition)

1. Whether a client has a right to discharge a lawyer at any time, whether in Arkansas state court or in Federal Court, with or without cause, subject to liability for payment for the lawyer's services.

2. Whether a Chapter 11 debtor-in-possession has the fundamental right to terminate its appointed counsel, with or without cause, or whether a debtor in-possession forfeits the right to terminate appointed counsel without bankruptcy approval.

3. Whether Arkansas' denial of Petitioner's right, while in bankruptcy, to terminate Respondents, violates the Petitioners' First and Fourteenth Amendment rights for access to the courts, due process, and equal protection under the law by denying Petitioners standing to sue Respondents in State Court for injuries resulting from counsel's alleged fraud, misrepresentations, and malpractice in bankruptcy.

Question Presented (AI Summary)

Whether a client has a right to discharge a lawyer at any time

Docket Entries

2021-10-18
Petition DENIED.
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-27
Waiver of right of respondent James E. Smith, Jr., et al. to respond filed.
2021-08-18
Petition for a writ of certiorari filed. (Response due September 23, 2021)

Attorneys

James E. Smith, Jr., et al.
Martin A KastenFriday, Eldredge & Clark, LLP, Respondent
Kimbro Stephens Insurance Trust, et al.
George Frank Carder IIIGeorge Carder, P.A., Petitioner