Duncan Firm, P.A. - Arkansas Injury Trial Lawyers

Let It Snow...Let It Snow...Let It Snow!

2008-12-10T13:53:00.000-08:00

Safety Tips: Frying a Turkey

2008-12-10T13:25:00.000-08:00

FRYING A TURKEY
According to the Consumer Product Safety Commission (CPSC), from 1998 to 2007, there were 138 incidents involving turkey fryers, which caused 36 injuries and more than $7.8 million in property loss. The total includes five incidents in 2007, none of which resulted in injuries, but they were associated with about $500,000 in property loss.

Underwriters Laboratories, Inc. (UL) says the increasing number of fires related to turkey fryers is a risk that outweighs the benefits of the appliance. UL points to several common problems that can lead to fires and burns:
The devices can easily tip over, spilling gallons of hot oil
If the pot is overfilled, the oil may spill out when the turkey is added, causing the oil to ignite and a fire to engulf the unit.
If a partially frozen turkey is placed in the hot oil, a spillover effect can occur, which can also result in a fire.
Units with no thermostat controls can overheat the oil to the point of combustion (most do not have thermostat controls).
The sides, lid and pot handles of the unit all get dangerously hot, posing severe burn hazards.

http://www.homesafetycouncil.org/safety_guide/sg_turkey_w001.aspx

Safety Tips: Driving in Bad Weather

2008-12-10T13:17:00.000-08:00

DRIVING SAFETY TIPS
The best safety tip for driving in bad winter weather is not to drive at all, if you can possibly avoid it.

1.Make sure you can see. Replace windshield wiper blades.

2. Run the air-conditioner. In order to remove condensation and frost from the interior of windows, engage your air-conditioner and select the fresh air option: It's fine to set the temperature on "hot." Many cars automatically do this when you choose the defrost setting.

3.Check your lights. Use your headlights so that others will see you and, we hope, not pull out in front of you. Make sure your headlights and taillights are clear of snow.

4.Learn how to get maximum efficiency from your brakes before an emergency. For vehicles without ABS, you'll have to rely on the old-fashioned system.

5.Watch carefully for "black ice." If the road looks slick, it probably is. This is especially true with one of winter's worst hazards: "black ice." Also called "glare ice," this is nearly transparent ice that often looks like a harmless puddle or is overlooked entirely. Test the traction with a smooth brake application or slight turn of the wheel.

6.Remember the tough spots. You must remember where icy roads tend to occur. Bridges and intersections are common places.

7.Too much steering is bad. If a slick section in a turn causes your front tires to lose grip, the common — but incorrect — reaction is to continue turning the steering wheel.

8.Avoid rear-tire slides. First, choose a car with electronic stability control. Fortunately, ESC will be mandatory on all 2012 models. Next, make sure your rear tires have at least as much tread as your front tires. Finally, if you buy winter tires, get four.

http://www.weather.com/activities/driving/drivingsafety/drivingsafetytips/snow.html

http://www.DuncanFirm.com/media-01.html

Safety Tips: Lead in Toys

2008-12-10T13:09:00.000-08:00

LEAD IN TOYS
Toys are recalled for a variety of reasons, often for design flaws that pose strangulation hazards, loose parts that pose choking hazards, poorly written instructions (as was the case in a recent Crib Recall), and more than a few involving toys with small magnets recalled for the risk of being swallowed and sticking together inside a child’s intestines.

While most toys on store shelves are safe, too often it’s found that certain toys pose a range of safety hazards to small children. Recently, U.S. PIRG broadened the scope of unsafe toys to include toys labeled as phthalate-free, but analysis last year shows that even some products labeled phthalate-free contain the dangerous chemical. For more information please check out Trouble In Toyland Click here to download the latest report on toy safety. http://www.uspirg.org/.pdf

Helpful sites. Copy address and paste into browser

http://www.Uspirg.org/issues/Toy-Safety

http://www.usrecallnews.com/2007/10/list-of-recalled-toys-for-lead-poisoning-hazards-childrens-toy-recalls-from-china.html

http://www.lead.org.au/lanv4n1/lanv4n1-9.html

Safety Tips: Preventing Christmas Tree Fires

2008-12-10T12:59:00.000-08:00

PREVENTING CHRISTMAS TREE FIRES
It is important to take special fire safety precautions when keeping a live tree in the house. A burning tree can quickly fill a room with fire and deadly gases.

From 2003-2006, the U.S. fire departments responded to an average of 240 home fires per year that started with live Christmas trees. These fires caused an annual average of 16 deaths, 25 injuries, and $13.1 million in direct property damage. When Christmas tree fires occur they are likely to be serious and sometimes lives our lost. Below are tips to help prevent Christmas tree fires.
1.Do not overload electrical outlets
2.Do not leave holiday lights on unattended
3.Avoid using lit candles
4.Never put lit candles on a tree
5.Water Your Tree Daily

2008-11-25T07:42:00.000-08:00

HAPPY FALL!

Recall on Window Blinds by Green Mountain Vista

2008-11-20T09:22:00.000-08:00

NEWS from CPSC http://www.cpsc.gov/cpscpub/pubs/5115.pdf U.S. Consumer Product Safety Commission Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE November 20, 2008Release #09-051 Recall Hotline: (800) 639-1728CPSC Recall Hotline: (800) 638-2772CPSC Media Contact: (301) 504-7908 Near Strangulation of Child Prompts Recall to Repair Window Blinds by Green Mountain Vista

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of Product: Insulated Black-Out Roller Shades and Insulated Roman Shades Units: About 7,300

Manufacturer: Green Mountain Vista Inc., of Williston, Vt. Hazard: The black-out roller shades and insulated roman shades have a continuous looped bead chain that when not attached to the wall or floor, hangs loosely by the blind, posing a fatal strangulation hazard to children.
Incidents/Injuries: CPSC received a report of a 2-year-old girl from Bristol, Conn., who suffered a near strangulation, June 2008, when she placed a loose bead cord loop around her neck and then slipped off the radiator where she was standing. Her 5-year-old brother lifted his sister, who was gasping for air, from the cord entanglement. She vomited and had deep neck bruising, but has since recovered from her injuries.

Description: This recall includes all insulated black-out roller shades (colors: white, cream, harvest, light sage) and insulated Roman shades sizes 48, 60 and 72 (colors: white, natural, sage, sienna, blue, goldenrod, mahogany, terracotta). The shades have RN number 107875 printed on the care label of the shade and identify the manufacturer on the Installation and Care Instructions.

Sold at: Country Curtains, Plow & Hearth, The Linen Source, Sturbridge Yankee Workshop, Ann & Hope, The Sportsmans Guide, Target.com, The Curtain Shop of Maine, and Solutions Catalog. Sold nationwide from June 2005 through September 2008 for between $60 and $200.

Manufactured in: China

Remedy: Consumers should immediately check their window coverings to see if the tension device is attached. If not attached, immediately stop using the window coverings and contact Green Mountain Vista Inc. to receive a free repair kit. If the consumer is not able to install the tensioning device, contact Green Mountain Vista for further instructions.

Consumer Contact: For additional information, contact Green Mountain Vista at (800) 639- 1728 between 8 a.m. and 4 p.m. ET Monday through Friday, or visit the Web site at http://www.gmvista.com/

Note: CPSC reminds consumers to examine all Roman Blinds and shades in their homes. If looped pull cords are present or exposed inner cords are found on the back of blinds or shades and children are in the home or occasionally visit your home, please consider replacing them with blinds or shades that do not have exposed pull cords or inner cords.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC hotline at (800) 638-2772 or web site at www.cpsc.gov/talk.html.

Source: CPSC website http://www.cpsc.gov/cpscpub/pubs/5115.pdf

CPSC Saftey Alert on Simplicity Cribs

2008-11-20T09:02:00.000-08:00

NEWS from CPSC U.S. Consumer Product Safety Commission Office of Information and Public Affairs in Washington, DC 20207
Issued September 21, 2007 Revised October 22, 2008

About 1 Million Simplicity Cribs Recalled Due To Failures Resulting in Infant DeathsNOTE: Repair Kits that immobilize the drop-side are now available

ALSO NOTE: Consumers who have participated or have yet to respond to Simplicity’s June 2007 recall of Nursery-in-a-Box cribs are strongly urged to also participate in this recall.
AND ADDITIONALLY: A subsequent recall involving Simplicity drop side cribs has been issued.
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) is announcing today a voluntary recall with Simplicity Inc., of Reading, Pa., of about 1 million cribs. The drop-side can detach from the crib, which can create a dangerous gap and lead to the entrapment and suffocation of infants. CPSC is aware of two deaths in Simplicity manufactured cribs with older style hardware, including a 9-month-old child and a 6-month-old child, where the drop-side was installed upside down. CPSC is also aware of seven infant entrapments and 55 incidents in these cribs.

CPSC is also investigating the death of a 1-year-old child in a Simplicity crib with newer style hardware, in which the drop-side was installed upside down. CPSC is warning parents and caregivers to check all Simplicity cribs to make sure the drop-side is installed right side up.
The drop-side failures result from both the hardware and crib design, which allow consumers to unintentionally install the drop-side upside down. This, in turn, can weaken the hardware and cause the drop-side to detach from the crib. When the drop-side detaches, it creates a gap in which infants can become entrapped.

CPSC is also aware of two incidents that occurred when the drop-side was correctly installed with older style hardware, though the upside down installation greatly increases the risk of failure.
The recalled Simplicity crib models include: Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1. The recall also involves the following Simplicity cribs that used the Graco logo: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in1, Ultra 5 in 1, Whitney and the Trio.

The recalled cribs have one of the following model numbers, which can be found on the envelope attached to the mattress support and on the label attached to the headboard: 4600, 4605, 4705, 5000, 8000, 8324, 8800, 8740, 8910, 8994, 8050, 8750, 8760, and 8996.
The cribs, which were made in China, were sold in department stores, children’s stores and mass merchandisers nationwide from January 1998 through May 2007 for between $100 and $300.
As an immediate precaution, consumers should check to see if the drop-side is installed right side up. To do this, check to see that the slightly rounded rail with the decorative groove is installed at the top and the plain rail is on the bottom. Next, consumers should make sure the drop-side is securely attached to the tracks in all four corners. Close-up of a Correctly Installed Drop-side
Close-up of an Incorrectly Installed Drop-side If the drop-side is installed upside down or not securely attached, consumers should stop using the crib immediately. Incorrect installation can cause permanent damage to the hardware and re-installing the drop-side using the same hardware is unsafe.

Consumers should check to see if their crib contains the recalled hardware. Recalled hardware has a flexible tab at the bottom of the lower tracks and the top of the lower tracks are open. Newer hardware, which is not subject to the recall, has the flexible tab located at the top of the lower track, and a permanent stop at the bottom.
Consumers who have a crib with older style hardware can receive a free repair by immediately contacting the firm toll-free at (800) 858-8323 between 8:30 a.m. and 10 p.m. ET Monday through Thursday, between 8 a.m. and 5 p.m. ET on Friday, and between 9 a.m. and 5 p.m. ET on Saturday, or by visiting the firm’s Web site at http://www.simplicityforchildren.com/
Consumers who have a crib with newer style hardware and have installed the drop-side upside down or have broken hardware, should also contact Simplicity immediately.
Recalled: Consumers should contact Simplicity immediately for a free repair.

Newer Hardware
Warning: Consumers should check crib’s drop-side to ensure it is assembled right side up and inspect for broken hardware.

Consumers can also view a video clip (transcript) about this recall. This is in "streaming video" format. Video News Release for Media Use: The above video is also available in broadcast quality on Pathfire DMG: 26927. Search within the PR Newswire or MultiVu section by story ID # 26927 or by headline. For technical assistance call Pathfire Customer Care at 1-888-345-0489 or e-mail support@pathfire.com.
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The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. Consumers can obtain this release and recall information at CPSC's Web site at http://www.cpsc.gov/.

Source: CPSC website http://www.cpsc.gov/cpscpub/prerel/prhtml07/07307.html

Election Day Here in Arkansas and All Over America

2008-11-04T05:28:00.000-08:00

It's November 4, 2008. After 2 long years, dozens of debates, a newly competitive primary season and a probable record turnout, this day has finally come. Feels like it never would.

Whether you support Sen. McCain or Sen. Obama, Election Day in America is testament to what is great about this country: a peaceful transfer of power. Everyone here at Duncan Firm encourages you to get out and vote.

If you are having trouble voting in Arkansas, call 800-247-3312 or visit http://www.sosweb.state.ar.us/elections/elections_pdfs/voter_rights.pdf or http://www.arelections.org/faqs.html.

Polls close at 7:30pm tonite. If you are in line, you should be able to vote. You only need to show an ID if this is the first time you have voted at your precinct. Know your rights and get out and vote!

NHTSA - Further Delay on Long-Awaited Roof Crush Standard Unacceptable;

2008-10-09T07:32:00.000-07:00

AAJ Calls On Administration to Remove Preemption from Final Rule
WASHINGTON, DC failed its mission once again by further delaying the final rule on roof crush standards, according to the American Association for Justice (AAJ).
The final proposed rule did little to prevent more injuries and save lives, according to industry experts. NHTSA admitted their proposed rule would have saved an estimated 13 to 44 lives out the 10,000 persons that die every year in rollover crashes, less than one percent. Against bipartisan wishes, the proposed rule also included language that gave auto manufacturers complete immunity from all lawsuits, leaving manufacturers little incentive to make automobiles safer.
"NHTSA had three years to develop a strong safety standard for roof resistance, but instead delayed and defended weak proposals already met by 70 percent of U.S. auto manufacturers," said Weisbrod. "Consumers deserve better. We urge NHTSA to take the time to come up with a final standard that will prevent more injuries, save more lives, and give citizens just recourse in the courts. Further delay should not further erode people the right to hold manufacturers accountable when they have made unsafe vehicles," Weisbrod added.
NHTSA was required to deliver a new roof crush standard to Congress by July 1, 2008, but was ordered by Congress to strengthen their proposed rule because it did not significantly reduce loss of life and prevent injury. NHTSA asked for an extension until October 1, 2008, but was then unable to complete the final rule and has now asked for a second extension, until December 15, 2008. The Agency put forth two proposed rules, first in 2005, and again in 2008. Both proposals were inadequate to Congress, who had ordered the new standard as part of the reauthorization of transportation funds in 2005. The legislation allows for more time under exceptional circumstances.
The current roof crush resistance standard has been in effect since 1973, well before SUVs were a popular consumer transportation option. NHTSA proposal increased the ability of a roof to withstand a force equal to 2.5 times the unloaded vehicle weight, but would still result in killing or paralyzing most passengers in rollover accidents.
The Administrative Procedure Act allows any new administration to stay any final rules that have been put forth 60 days prior to the start of a new administration. For this reason, the Bush Administration has asked all final rules be complete by Nov. 1, 2008. A final rule put out December 15, 2008, could be subject to such a stay.

To read AAJ comments submitted to NHTSA, visit: http://www.justice.org/PressRoom/PressReleases/2008/docs/nhtsa.pdfAAJ, and prior AAJ press releases on the topic, visit: http://www.justice.org/pressroom/PressReleases/2008/mar27.aspx.

Contact: Jennifer Fuson 202-965-3500 x369 AAJ Press Room

Do you own Lehman Brothers bonds?

2008-09-18T09:35:00.000-07:00

If you bought Lehman Brothers Bonds, you may be entitled to compensation for this potential loss. No matter the rating of any general obligation with unsecured corporate note/bonds, there are certain obligations brokers have to ensure their clients are properly suited for the bond or stock purchase.

The bond is more than likely going to end up in default, and over a long period of time, there may be X cents to the dollar returned to holders of Lehman debt. In corporate bankruptcy, here’s the general order of who gets paid first – whether assets are liquidated to pay them, or whatever:

1. employees
2. IRS
3. bondholders
4. preferred stockholders
5. common stockholders

That said, it's rare in a bankruptcy where the common stock wasn’t completely zeroed out, meaning no money trickled down to common stockholders. It's probable that there will be a substantially reorganized bond deal, again for pennies on the dollar.

Depending on your status in life, you may have a cause of action against the broker that sold you the bonds. Please contact us at Duncan Firm to speak to a lawyer about your Lehman Brothers bonds loss. We're are an Arkansas Law Firm working through our cases to make a difference we can all live with.

A Daughters Perspective

2008-09-17T09:32:00.000-07:00

As a child I knew my dad cared about his job. The older I grew the more I understood helping injured people was his passion. One evening while our family was at a local restaurant, a gentleman came over to our table. He said to me and my sisters, "Your dad is a special man. He helped my life in a way I can never repay. Be thankful for your dad, he's a great lawyer and a fine man."

The image of that man and his expression of gratitude is still embedded in my memory. I came to understand that what my dad did was more than a job; it was something he believed in, gave his heart and soul to, and lived. Seeing his dedication brought on my decision to be a part of my dad's work. I wanted to see first-hand what he did and why he loved it so much.

I started to go to his office regularly after school to make copies or highlight key words in documents. I remember a trip to Detroit where I stamped thousands of documents. It was mundane work, but if dad needed me to do it, I knew it was important to the case, and therefore to my dad. I think of how fortunate it is that he works so hard for his clients.

When working a case, Dad leaves no stone unturned. He works for his clients the same way he would want a lawyer to work for him. Our staff is a group of individuals that function as a team. I feel blessed and fortunate to be working with family as we fight for the rights of other families. We are a staff proud to work for Phillip and be apart of his team. I never planned to come to work for dad, but like John Lennon said, “Life is what happens while you’re making plans. I'm inspired by dad’s tireless fight for people that need his help. Our justice system is truly better because of lawyers like him.

Experienced Railroad Lawyers Needed for Metrolink train Crash in California

2008-09-16T10:59:00.000-07:00

As the investigation continues into what happened in the September 12, 2008 Metrolink commuter train collision with the Union Pacific Railroad train in Chadsworth, California (near Los Angeles), it is important for family members and victims who may be in need of legal counsel to find experienced railroad lawyers. The California Metrolink crash has garnered a lot of attention and may go down as the single worst train-on-train accident in US history. The legal profession can and should strive to have a positive role in this event, fighting to not only help compensate the losses of the victims, but fighting to get tougher laws on the books and enforcing the current laws.

When selecting a lawyer, you and your family should ask lots of questions about the law firm's experience in handling complex railroad cases such as this one. This Metrolink accident has many possible culpable parties and investigating it to the fullest extent of the law is critical to the success of your case.

Arguably the two most important questions should be: is my lawyer going to leave no stone unturned and do what it takes within the law to ensure my family and I have been fully and fairly compensated for our losses; and will my case make a difference. In other words, will my case change the way things are done to prevent another terrible trajedy and so that another family won't have to go through what my family has endured.

At Duncan Firm, we are committed to not only fighting for our clients, but also working hard to see that your case makes a positive difference in the community. If you or a family member were injured or killed in the Metrolink California train crash near Los Angeles, please contact experienced railroad lawyers here at Duncan Firm to find out your legal rights.

Our thoughts and prayers are with the victims and their families.

THE GUIDELINES FOR LITIGATION CONDUCT INTRODUCTION

2008-09-15T08:25:00.000-07:00

Introduction

The widely perceived, accelerating decline in professionalism – often denominated “civility” – has been the subject of increasing concern to the profession for many years. Twice since 1988, the American Bar Association has urged adoption of, and adherence to, civility codes. What has been lacking, however, is an AGA-endorsed model code. THE GUIDELINES FOR LITIGATION CONDUCT fill that void and were adopted by the ABA House of Delegates in August 1998.

These GUIDELINES are consensus-driven and state nothing novel or revolutionary. They are purely aspirational and are not to be used as a basis for litigation, liability, discipline, sanctions, or penalties of any type. The Guidelines are designated not promote punishment but rather to elevate the tenor of practice – to set a voluntary, higher standard, “in the hope that,” in other words of former ABA President John J. Curtin, “some progress might be made towards greater professional satisfaction.”

The GUIDELINES FOR LITIGATION CONDUCT are modeled on the Standards for Professional Conduct adopted by the United States Court of Appeals for the Seventh Circuit, a set of proven aspirational standards. Chief United States District Judge Marvin E. Aspen of Chicago, architect of the Seventh Circuit Standards, has accurately observed that civility in the legal profession is inextricably linked to the manner in which lawyers are perceived by the public – and therefore, to the deteriorating public confidence that our system of justice enjoys

Deteriorating civility, in former ABA President Lee Cooper’s words, “interrupts the administration of justice. It makes the practice of law less rewarding. It robs a lawyer of the sense of dignity and self-worth that should come from a learned profession. Not least of all, it...brings with it all the problems…that accompany low public regard for lawyers and lack of confidence in the justice system.”

The problem of incivility is more pervasive, and insidious, than its impact on the legal profession alone. As Justice Anthony M. Kennedy has stressed:
“Civility is the mark of an accomplished and superb professional, but it is more even than this. It is an end in itself. Civility has deep roots in the idea of respect for the individual.”

The decline in civility is not limited to the legal profession, but this profession has been in the forefront of those addressing this problem. These Guidelines are offered in this spirit.

Gregory P. Joseph
Chair, 1997-1998
Section of Litigation
American Bar Association

GUIDELINES FOR LITIGATION CONDUCT

2008-09-15T08:17:00.000-07:00

American Bar Association
GUIDELINES FOR LITIGATION CONDUCT
August 1998

Preamble

A lawyer’s conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms. In fulfilling our duty to represent a client vigorously as lawyers, we will be mindful of our obligations to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner.
A judge’s conduct should be characterized at all times by courtesy and patience toward all participants. As judges we owe to all participants in a legal proceeding respect, diligence, punctuality, and protection against unjust and improper criticism or attack.
Conduct may be characterized as uncivil, abrasive, abusive, hostile or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently. Such conduct tends to delay and often to deny justice.
The following Guidelines are designed to encourage judges, lawyers and clients to make a mutual and firm commitment to these Guidelines.
We support the principles espoused in the following Guidelines, but under no circumstances should these Guidelines be used as a basis for litigation or for sanctions or penalties.

Lawyers’ Duties to Other Counsel

We will practice our profession with a continuing awareness that our role is to zealously advance the legitimate interests of our clients. In our dealings with others we will not reflect the ill feelings of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications. We will refrain from acting upon or manifesting bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status toward any participant in the legal process.

We will not, even when called upon by a client to do so, abuse or indulge in offensive conducted directed to other counsel, parties, or witnesses. We will abstain from disparaging personal remarks or acrimony toward other counsel, parties, or witnesses. We will treat adverse witnesse4s and parties with fair consideration.
We will not encourage or knowingly authorize any person under our control to engage in conduct that would be improper if we were to engage in such conduct.

We will not, absent good cause, attribute bad motives or improper conduct to other counsel.

We will not lightly seek court sanctions.

We will in good faith adhere to all express promises and to agreements with other counsel, whether oral or in writing, and to all agreements implied by the circumstances or local customs.

When we reach an oral understanding on a proposed agreement or a stipulation and decide to commit it to writing, the drafter will endeavor in good faith to state the oral understanding accurately and completely. The drafter will provide other counsel the opportunity to review the writing. As drafts are exchanged between or among counsel, changes from prior drafts will be identified in the draft or otherwise explicitly brought to counsel’s attention. We will not include in a draft matter to which there has been no agreement without explicitly advising other counsel in writing of the addition.

We will endeavor to confer early with other counsel to assess settlement possibilities. We will not falsely hold out the possibility of settlement to obtain unfair advantage.

In civil actions, we will stipulate to relevant matters if they are undisputed and if no good faith advocacy basis exists for not stipulating.

We will not use any form of discovery or discovery scheduling as a means of harassment.

Whenever circumstances allow, we will make good faith efforts to resolve by agreement objections before presenting them to the court.

We will not time the filing or service of motions or pleadings in any way that unfairly limits another party’s opportunity to respond.

We will not request an extension of time solely for the purpose of unjustified delay or to obtain unfair advantage.

We will consult other counsel regarding scheduling matters in a good faith effort to avoid scheduling conflicts.

We will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel.

We will promptly notify other counsel and, if appropriate, the court or other persons, when hearings, depositions, meetings or conferences are to be canceled or postponed.

We will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided our clients’ legitimate rights will not be materially or adversely affected.

We will not cause any default or dismissal to be entered without first notifying opposing counsel, when we know his or her identity, unless the rules provide otherwise.

We will take depositions only when actually needed. We will not take depositions for the purpose of harassment or other improper purpose.

We will not engage in any conduct during a deposition that would not be appropriate in the presence of a judge.

We will not obstruct questioning during a deposition or object to deposition questions unless permitted under applicable law.

During depositions we will ask only those questions we reasonably believe ware necessary, and appropriate, for the prosecution or defense of an action

We will carefully craft document production requests so they are limited to those documents we reasonably believe are necessary, and appropriate, for the prosecution or defense of an action. We will not design production requests to place undue burden or expense on a party, or for any other improper purpose.

We will respond to document requests reasonably and not strain to interpret requests in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. We will not produce documents in a manner designed to hide or obscure the existence of particular documents, or to accomplish any other improper purpose.

We will carefully craft interrogatories so they are limited to those matters we reasonably believe are necessary, and appropriate, for the prosecution or defense of an action, and we will not design them to place an undue burden or expense on a party, or for any other improper purposes.

We will respond to interrogatories reasonably and will not strain to interpret them in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information, or for any other improper purpose

We will base our discovery objections on a good faith belief in their merit and will not object solely for the purpose of withholding or delaying the disclosure of relevant information, or for any other improper purpose.

When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an order that accurately and completely reflects the court’s ruling. We will promptly prepare and submit a proposed order to other counsel and attempt to reconcile any differences before the draft order is presented to the court.

We will not ascribe a position to another counsel that counsel has not taken.

Unless permitted or invited by the court, we will not send copies of correspondence between counsel to the court.

Nothing contained in these Guidelines is intended or shall be construed to inhibit vigorous advocacy, including vigorous cross-examination.

Lawyers’ Duties to the Court

We will speak and write civilly and respectfully in all communication with the court.

We will be punctual and prepared for all court appearances so that all hearings, conferences, and trials may commence on time; if delayed, we will notify the court and counsel, if possible.

We will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice.

We will not engage in any conduct that brings disorder or disruption to the courtroom. We will advise our clients and witnesses appearing in court of the proper conduct expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption.

We will not knowingly misrepresent, mischaracterize, misquote, or mis-cite facts or authorities in any oral or written communication to the court.

We will not write letters to the court in connection with a pending action, unless invited or permitted by the court.

Before dates for hearings or trials are set, or if that is not feasible, immediately after such date has been set, we will attempt to verify the availability of necessary participants or witnesses so we can promptly notify the court of any likely problems.

We will act and speak civilly to court marshals, clerks, court reporters, secretaries, and law clerks with an awareness that they, too, are an integral part of the judicial system.

Courts’ Duties to Lawyers

1. We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will maintain control of the proceedings, recognizing that judges have both the obligation and the authority to insurance that all litigation proceedings are conducted in a civil manner.

2. We will not employ hostile, demeaning, or humiliating words in opinions or in written or oral communications with lawyers, parties or witnesses.

3. We will be punctual in convening all hearings, meetings, and conferences; if delayed, we will notify counsel, if possible.

4. In scheduling all hearings, meetings and conferences we will be considerate of time schedules of lawyers, parties, and witnesses.

5. We will make all reasonable efforts to decide promptly all matters presented to us for decision.

6. We will give the issues in controversy deliberate, impartial and studied analysis and consideration.

7. While endeavoring to resolve disputes efficiently, we will be considerate of the time constraints and pressures imposed on lawyers by the exigencies of litigation practice.

8. We recognize that a lawyer has a right and duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we will allow lawyers to present proper arguments and to make a complete and accurate record.

9. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which a lawyer represents.

10. We will do our best to insure that court personnel act civilly towards lawyers, parties, and witnesses.

11. We will not adopt procedures that needlessly increase litigation expense.

12. We will bring to lawyers’ attention uncivil conduct which we observe.

Judges’ Duties to Each Other

We will be courteous, respectful, and civil in opinions, ever mindful that a position articulated by another judge is the result of that judge’s earnest efforts to interpret the law and the facts correctly.

In all written and oral communications, we will abstain from disparaging personal remarks or criticisms, or sarcastic or demeaning comments about another judge.

We will endeavor to work with other judges in an effort to foster a spirit of cooperation in our mutual goal of enhancing the administration of justice.

Fresh Market Sneaker Sale

2008-09-08T12:11:00.000-07:00

Walk To Cure Diabetes is upcoming in Little Rock, Arkansas
Date of Walk: 9/20/2008
Venue: Murray Park Over the Big Dam Bridge
Registration Start Time: 8:00 AM
Walk Start Time: 9:00 AM
Length of Walk: 5K Sponsors:
Contact Person: Sloan Horton
Local Chapter: Greater Arkansas Chapter
Local Chapter Phone: (501)217-0321

You can make a donation on the JDRF website - https://www.jdrf.org/index.cfm?page_id=100903

Fresh Market Sneaker Sale

Right now you can make a donation at fresh market and your name gets put on a sneaker and on their wall.

Fresh Market Sidewalk Sale

September 12 - 14, 2008 11:00 - 6:00 p.m.

Hope Floats 14th Annual JDRF Sidewalk Sale, featuring root beer floats, hot dogs and more!
All proceeds to benefit the Juvenile Diabetes Research Foundation.
Go join the fun and be apart of helping raise money and awareness for Juvenile Diabetes Research!

http://walk.jdrf.org/

Deadly Baby Bassinet by Simplicity

2008-09-03T11:28:00.000-07:00

The U.S. Consumer Product Safety Commission (CPSC) issued a safety alert on "close-sleeper/bedside sleepers" bassinets manufactured by Simplicity. This was brought on when a 5 month old little girl from Shawnee, Kansas was strangled to death on August 21, 2008 when she became entrapped between the bassinet's metal bars making it the second case the CPSC knew about. The company which purchased all of Simplicity Inc.'s assets at public auction refuses to cooperate with the government and recall the products. All of this information and more can be found on the CPSC's website. The following link will take you straight to the CPSC page on Simplicity bassinets http://www.cpsc.gov/cpscpub/prerel/prhtml08/08378.html.

If you or a family member have a child that was seriously injured or killed because of the Simplicity bassinets, call the defective products lawyers at the Duncan Firm in Arkansas.

http://www.duncanfirm.com/child_seat_high_chair.html

Favorite Olympic Moment

2008-08-21T14:56:00.000-07:00

We all have our favorite Olympics moment. We all have our inspiring Olympics story. For me it started with Nadia Comaneci and continued with Mary Lou Retton and still continues today with Michael Phelps, Sean Johnson and all the other most talented athletes in the world. Congratulations to all the athletes who qualified to be apart of these prestigious games.

Click this link to watch a movie of Nadi’s perfect 10 moment:
http://www.youtube.com/watch?v=WMo7s7gUBqE

Click here to watch Nadi’s actual routine:
http://www.youtube.com/watch?v=odTtfnWdfGU&feature=related

Click here to watch Mary Lou Retton’s perfect 10 moment:
http://www.youtube.com/watch?v=Sya66z4mCiA

The five Olympic rings were designed in 1913, adopted in 1914 and debuted at the Games at Antwerp, 1920.

To learn more about the Olympic Games which started in 776 BC go to Wikipedia:
http://en.wikipedia.org/wiki/Olympic_Games

2008-08-19T07:13:00.001-07:00

Duncan Firm expresses their Sympathy and Prayers for Bill Gwatney and His Family

2008-08-13T15:55:00.000-07:00

Everyone at the Duncan Firm is saddened to hear the news of Bill Gwatney, chairmen of the Arkansas Democratic Party. Our thoughts and prayers are with his family at this difficult time. Arkansas has lost a compassionate public servant who cared about people and fighting for the civil justice system.

Proud Sponsor of the KARK Community Service Awards

2008-08-04T14:47:00.000-07:00

Jr. Cotillion's 60th Anniversary Fundraiser Party

2008-08-04T14:29:00.000-07:00

High Profile Section

2008-08-04T14:02:00.000-07:00

Jr. Cotillion Pictures

2008-08-04T13:52:00.000-07:00

Arkansas Digitek Lawyer -- Digitek Drug Overdose for Heart Patients

2008-07-31T13:05:00.000-07:00

If you or a loved one took Digitek® and suffered serious heart problems, you may be entitled to compensation.

Our lawyers are investigating these cases and anyone who has taken Digitek, manufactured under the Bertek and/or UDL Laboratories labels from 2005 to the present. Wal-Mart's pharmacies have recently sent a recall letter as well and a number of other pharmacies.

The recall was due to Digitek® tablets containing twice the approved level of active ingredient.
If you or a loved one has experienced death or serious injury from taking Digitek, including chronic cardiac conditions such as slow heart rate, rapid heart beat, dysrhythmia, A/V block and cardiac arrest, please call us at 877-638-6226 or fill out a free online consultation form so you can tell us more. Please keep any bottles and left over pills.