Blog
Welcome! We would like to take this opportunity to thank you for visiting the Brad Hendricks Law Firm Blog. We have created this site in an effort to better serve you by providing information about our firm, recent developments in state and federal law that might impact you, and other information that might be of interest to the public. We welcome your comments and questions and hope that this site is helpful to you. If you would like to submit a private inquiry or comment, please feel free to do so here. Again, thank you for visiting our firm's blog and if we can be of service to you, please let us know.
RECENT POSTS
Brad Hendricks Received 2010 Golden Gavel Award
June 13, 2010
On June 11, 2010, Brad Hendricks was awarded the Golden Gavel Award for his service as Chair of the Professional Ethics Committee of the Arkansas Bar Association. The award recognizes Mr. Hendricks' "exemplary service to the legal profession." Read More.
Brad Hendricks Law Firm to Sponsor Awards Luncheon at ATLA Annual Convention April 29 - May 1, 2010
April 16, 2010
The Arkansas Trial Lawyers Association Annual Convention will be held from April 29 to May 1, 2010, at the Inn of the Ozarks in Eureka Springs, Arkansas. The attorneys of the Brad Hendricks Law Firm always look forward to this convention, but we are particularly excited about the Convention this year!
Each year, the presidential gavel of the Arkansas Trial Lawyers Association is passed from the outgoing President of that organization to the incoming President. This year, for the first time in the history of ATLA, both the outgoing and incoming Presidents are from the same law firm - the Brad Hendricks Law Firm. Read More.
From the Past: Hendricks Raises Almost $10K for ATLA During Pool Tournament
April 8, 2010
* Originally published in the ATLA Advocate, Volume 2, Issues 6, May 2005. Also available on the Brad Hendricks Law Firm website in the Articles Section.
Immediate Past President Brad Hendricks was the host of a party and pool tournament on Friday, April 29th at the Basin Park hotel in Eureka Springs. Hendricks threw the party to (1) honor Bobby McDaniel, (2) honor FORGE consulting, and (3) raise funds for ATLA. For every attendee, Hendricks donated $100 to ATLA. He initially hoped at least 30 people would attend and was pleasantly surprised to find that the evening's turnout was double that number. Read More.
From the Past: "Kennedy Wows Annual Convention Crowd During Awards Ceremony"
April 8, 2010
* Originally published in the ATLA Advocate, Volume 2, Issues 6, May 2005. Also available on the Brad Hendricks Law Firm website in the Articles Section.
The Arkansas Trial Lawyers Association awards luncheon for the 42nd Annual ATLA convention, held on April 29th, was the site for several memorable moments and a few surprises. Robert F. Kennedy, Jr., stirred many with his powerful message Our Environmental Destiny. His speech fit hand-in-glove with the surprising national news that the Ivory Billed Woodpecker, thought to be extinct for 50 years, had been spotted in Arkansas. Another of the surprises of the day included a presentation of an Arkansas flag by the 39th Infantry Brigade in recognition of the organization's pro bono work through the Operation Safekeeping program. Read More.
Brad Hendricks Named Ethics Officer of the Arkansas Bar Association
April 7, 2010
The Arkansas Bar Association recently adopted a "whistle-blower" policy pertaining to allegations of ethical misconduct by officers and members of the Arkansas Bar Association. As Chairman of the Professional Ethics Committee of the Arkansas Bar Association, Mr. Hendricks became the new Ethics Officer of the association under the policy, and agreed to accept this new responsibility. Should allegations of ethical misconduct be made against any officer, committee member or other person conducting the business of the association, Mr. Hendricks is responsible for investigating the allegations, with assistance from other members of the Professional Ethics Committee as designated by Mr. Hendricks, and for submission of reports to the proper authorities for appropriate action. Read More.
Brad Hendricks Law Firm Attorneys to Particpate in 2010 Medical Malpractice Seminar
April 6, 2010
On April 9, 2010, the Pulaski County Bar Association will be sponsoring its annual Medical Malpractice Seminar at the UALR William H. Bowen School of Law, located at 1201 McMath Avenue in Little Rock, Arkansas.
Two attorneys from the Brad Hendricks Law Firm, Lamar Porter and George Wise, will serve as speakers at the seminar. Lamar will be participating in a session from 10:15 a.m. to 12:15 p.m. entitled, "Evaluating and Resolving a Medical Malpractice Case - Practical Points: Probate, Guardianship and Liens." From 1:15 to 2:15 p.m., George will be a speaker for the session entitled, "Ethical Considerations in Medical Malpractice Cases." Read More.
ARTICLE: Her Name is Stella
March 30, 2010
by Brad Hendricks and Caroline C. Lewis
Many people believe that some woman got millions and millions of dollars for spilling hot coffee on herself.
That may sound good in a political ad against our legal system, but it simply is not true.
That never happened. Read More.
ARTICLE: I'm not Denny Crane. IMPACT & Membership
February 26, 2010
by Tré Kitchens, President-Elect of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Winter 2004. Also available on the Brad Hendricks Law Firm website in the Articles Section.
I only know of three lawyers who claim to have never lost a case: a fictional character from Boston Legal, Denny Crane; Gerry Spence who claims to have not lost a case since Nixon was in office; and a young Plaintiff's lawyer who will remain nameless and was half drunk when she made the claim.
I've lost. So have you if you've been in the business very long at all. It happens in our professional and personal lives. As trial lawyers, we find ourselves in the unique situation that when we lose we are not the ones who pay the real price. We lose money, time, pride and move onto the next case and the next client. Our clients lose the ability to hold someone responsible for the loss of a loved one, the ability to pay for medical treatment, the ability to care for their family, their children in custody cases, and at times their very freedom. Read More.
ARTICLE: Ethics & Image (Winter 2010)
February 25, 2010
By Chris R. Heil, Esquire, 2009-10 President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Winter 2010. Also available on the Brad Hendricks Law Firm website in the Articles Section.
André Agassi recently released a "tell all" autobiography that has been the subject of much discussion. Though details of the book are not important for this article, the discussion reminded me of André in his youth, when he was brash and colorful. Around that time period, he starred in a series of ads for a camera company in his typical flashy style. The spots all carried the tagline: Image . . . is everything. And though trite, the phrase is unfortunately one of the truest statements to define our current culture.
Like it or not, image is what most of us perceive as truth. It doesn't matter if it is actually factor (and often is not). Athletes, celebrities and other high profile people all cultivate their images as if the public's perception of them was a commodity. That is what they sell, and that is what the public buys, or at least wants to buy. The general perception of lawyers, and more specifically trial lawyers, has fallen victim to this effect. Read More.
ARTICLE: Ethics & Image (Spring 2005)
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Spring 2005. Also available on the Brad Hendricks Law Firm website in the Articles Section.
The cliché "time flies" has seldom seemed more self-evident. Since this is my last contribution to The Docket as ATLA's president, it's worthwhile to reflect on where we have been, what we have done, and perhaps offer some observations on where we need to go from here.
It is important to note that a president of this organization is part of a continuum. He or she is only as effective as the prior leadership and existing composition of the executive committee and board will allow. In that regard, I've been blessed. Read More.
ARTICLE: IMPACT & Membership: ATLA 2003-04 (Winter 2004)
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Winter 2004. Also available on the Brad Hendricks Law Firm website in the Articles Section.
Just in case any of our members have not yet heard the news concerning how our enemies intend to further destroy the civil justice system, it is worthwhile to repeat what is public knowledge: TORT REFORM ADVOCATES WILL INTRODUCE LEGISLATION IN THE NEXT LEGISLATIVE SESSION TO LIMIT ATTORNEYS' FEES, RESTRICT CLASS ACTION LEGISLATION, AND CAP "NON-ECONOMIC" DAMAGES IN CIVIL CASES.
As ludicrous as this may seem to anyone who understands the first thing about our civil justice system, the effort to accomplish it is coming. The information was reported publicly following a gathering of tort reformers in Little Rock which included Rep. Marvin Park, R-Greenbrier, Rep. Danny Ferguson, D-Forrest City, and Sen. Bob Johnson, D-Morrilton. This is the trio which brought us Act 649, the worst bill ever to pass the Arkansas Legislature. Also in attendance in the "panel discussion" were Dr. John Wilson, chairman of the Arkansas Medical Society, Ron Russell, president and CEO of the Arkansas State Chamber of Commerce and Nick Thompson, the lawyer who does the bidding of the tort reformers, and who "hosted" this little gathering. Read More.
ARTICLE: Ethics & Image (Fall 2004)
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Fall 2004. Also available on the Brad Hendricks Law Firm website in the Articles Section.
This is the last opportunity to communicate with our membership through this forum prior to the legislative session beginning in January. Rarely in the history of our organization has so much been at stake. The vast majority of our members want to know what they can do to help, and there is much that all of us can do.
Obviously, each and every one of us can contribute financially to our cause. If every member of our organization contributed only $250, it would produce a quarter of a million dollars to finance our efforts. That alone could be the difference between success and failure. Failure during this session is simply not an option. Read More.
ARTICLE: Ethics & Image (Summer 2004)
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Summer 2004. Also available on the Brad Hendricks Law Firm website in the Articles Section.
As everyone probably knows by now, the Arkansas Trial Lawyers Association recently joined with the Arkansas AFL-CIO and other plaintiffs in the filing of a constitutional challenge to Act 649. The reaction of Ron Russell, Head-dog at the Arkansas Chamber of Commerce, was to refer to the effort as being motivated by "greedy trial lawyers." His statement was not true, as Chip Welch pointed out much more diplomatically than many of us could have managed. More importantly, Mr. Russell did what all tort deformers do, which is to avoid the real issues.
Tort deformers have lied to the people of Arkansas by telling them that tort deform will bring down malpractice rates. There is no valid empirical evidence to support that claim. They have lied to our elected representatives by making this same claim. They also lied to our elected representatives when they lobbied so intensively for Act 649 by claiming that this was all the tort deform that they wanted. We know for a fact that either those statements were lies, or the published reports of their stated agenda for additional tort deform were lies. Either way, the conclusion is inescapable. Read More.
ARTICLE: IMPACT and Membership, ATLA (Spring 2004) by Brad Hendricks
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Spring 2004. Also available on the Brad Hendricks Law Firm website in the Articles Section.
This is my last opportunity to communicate with you as your President-Elect and IMPACT chair. The members who actually read these articles may have discerned a slightly different style than that of most of my predecessors. Precious little of this space has been devoted to congratulating others for hard work, as that is implicit in the descriptions of what has transpired in ATLA over the last year. Instead, my focus has been on how our organization needs to change, and the work which still needs to be done. This article will hopefully maintain that focus, but some reflection and expression of gratitude should be a part of this last report to you.
Please permit me to enumerate that which has been done before describing that which needs to be done. As this is being written, we are exceeding our stated goal of having one thousand members before the annual meeting in Eureka Springs in late April. At a time when internal and external criticisms of ATLA (some well founded and others ill-informed) were numerous and vocal following the last regular legislative session, we have emerged stronger than ever. The people you elected to lead this organization have listened to you, and working with the Executive Director, have responded to your concerns and demands. Read More.
ARTICLE: IMPACT and Membership, ATLA 2003-04
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Fall 2003. Also available on the Brad Hendricks Law Firm website in the Articles Section.
Our members are now presumably fully aware of the fact that the playing field in Arkansas politics has radically changed. We have very few attorneys in the legislature. The advent of term limits has produced a legislature which is essentially devoid of institutional memory. Special interests find their own candidates to run for political office. Many of these politicians come into office with a specific agenda, and are willing to "trade votes" on just about anything to accomplish their limited objectives. The largest media outlet in Arkansas has become an editorial spokesman for the insurance industry and the Chamber of Commerce. "Tort reform" was passed in Arkansas not by Republicans alone. It was introduced by a Democrat and was passed by a legislature controlled by Democrats. Consider the cumulative effects of these developments, and the enormity of the task before us becomes clear. Read More.
ARTICLE: IMPACT and Membership, ATLA 2002-03 by Brad Hendricks
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket, Summer 2003. Also available on the Brad Hendricks Law Firm website in the Articles Section.
There are a great many attorneys in Arkansas who are angry and frustrated because of "tort reform," and they should be. We now face the challenge of transforming that anger and frustration into a comprehensive political response.
As members of ATLA, you understand what the emergence of term limits has caused. You have seen what the money and power of the insurance industry can do when there are too few attorneys in the legislature. You know the extent to which our legislators have been deceived about what controls malpractice liability premiums, and you know that the people of Arkansas have been victimized by this special interest legislation. Read More.
ARTICLE: Ethics & Image by Brad Hendricks
February 25, 2010
By Brad Hendricks, Esquire, a former President of the Arkansas Trial Lawyers Association
* Originally published in the ATLA Docket circa 2003-2004. Also available on the Brad Hendricks Law Firm website in the Articles Section
Attorneys in Arkansas and across the nation are bitterly disappointed that a trial lawyer will not preside over the United States Senate for the next four years. We had a rare opportunity to transform the debate regarding tort deform, but it was narrowly missed.
We have no time to feel sorry for ourselves: There is too much work to be done to waste our time agonizing over what might have been. What's done is done and we must move ahead. Read More.
United States Supreme Court Rules Change
February 4, 2010
On February 16, 2010, a revised version of the Rules of the United States Supreme Court will go into effect, according to a press release issued by the high court on January 12, 2010.
Among other changes, on that will hit wordy attorneys where it hurts is a reduction of the word limit applicable to Reply Briefs filed with the Court. Previously, the limit was 7,500 words. As of February 16, the limit will be 6,000. Read More.
Greater Access to Medical Malpractice Information: Perhaps Arkansas Will Follow the Leaders
December 15, 2009
What would you do if you could look up your medical provider to determine whether he or she had ever committed medical malpractice? Would you utilize the service? If the information were readily available, many people would. Unfortunately, in Arkansas, such information is not readily available to the public. Other states have much more transparency when it comes to the medical providers licensed to perform services in those states. For example, in North Carolina, the public now has access to information related to "malpractice settlements or judgments and criminal records for its 35,000 licensed physicians and physician assistants," according to the Raleigh News & Observer. Read More
How Yaz, Yasmin, and Ocella Cause Heart Attacks
November 20, 2009
In a previous post, we at the Brad Hendricks Law Firm expressed a desire to help those who might have been harmed by the birth control drug known as Yaz or Yasmin, or by its generic counterpart, Ocella. One harmful side effect of the drug referred to in that previous post was the serious risk of heart attack. You might be wondering how the drug might cause a heart attack? For more nformation, we recommend an article posted online that answers the question: Why does Yaz cause heart attacks? Read More
Bankruptcy Filings Led by Middle Class Homeowners
November 19, 2009
According to a recent USA Today article, a new study, "The Vulnerable Middle Class: Bankruptcy and Class Status," reveals that bankruptcy filings have "become a largely middle-class phenomenon led by filers who are college-educated and owners of homes." Read More
If you or a loved one has been harmed by Yaz, Yasmin or Ocella
November 2, 2009
The Brad Hendricks Law Firm wants to help if you or a loved one has been harmed by Yaz (also known as Yasmin and by its generic name "Ocella"). Originally developed and manufactured by Berlex Laboratories, these medications are referred to as "combination birth control," which contain the hormones estrogen (ethinyl estradiol) and progestin (drospirenone or "drsp"). Yasmin was approved by the Food and Drug Administration on May 11, 2001. Read More
Book Review: Polarizing the Case
October 30, 2009
Polarizing the Case should be required reading for every plaintiff's lawyer. Not only does Rick Friedman do a masterful job of formulating and describing a cogent, well-rounded and effective strategy for aggressively defeating the malingering defense, he shows the reader how to go about doing it in the real world. The reader understands immediately that the author has been in the trenches and is speaking from that experience rather than from an ivory tower. Read More
Negotiating Health Care for the Uninsured
October 29, 2009
"Despite the talk in Washington about health care reform, which could potentially provide health insurance to millions of uninsured Americans, legislation to be enacted in the future does not help if you are uninsured now. If you are not covered by any current health insurance carrier or are worried about losing employer-based or university-subsidized health insurance, there is something you should know. Read More
When Should Your Client File Bankruptcy?
By Lyndsey D. Dilks, Bankruptcy Attorney, Brad Hendricks Law Firm, P.A.
October 12, 2009
We, as attorneys, are accustomed to getting a bad rap based on the sole fact that we are lawyers. Who among us hasn't heard the joke: "What do you call 100 lawyers at the bottom of the sea?" I won't insult you with the punch line. But, you get my point. We are out there busting our humps, helping our fellow humans, and, yet, we are subject to such ridicule. Read More
Estate Planning Services Now Offered
October 8, 2009
The Brad Hendricks Law Firm is now offering general estate planning services, including vital documents that form the basis of every estate plan-wills, durable powers of attorney, and living wills and powers of attorney for health care. Depending on your particular needs, more sophisticated planning might be required. The importance of an effective estate plan can not be stressed enough-for anyone who is 18 years or older. Read More
Recent accomplishments in effort to protect the civil justice system
October 6, 2009
The American Association for Justice's mission "is to promote a fair and effective justice system-and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests." Read More
A Petition Against Tort Reform
September 24, 2009
Health care reform is the issue of the moment. It is an important issue. With estimates for deaths caused by medical errors ranging from 98,000 to 195,000 per year, and astronomical costs passed on to the consumer, it is easy to see why this is an issue in which everyone wants a say. Read More
Two Top Attorneys Weigh In On Tort Reform With CNN
September 23, 2009
In a recent CNN piece narrated by Gary Tuchman, two lawyers, Les Weisbrod and Todd Smith, two past presidents of the American Association of Justice, discuss tort reform, including capping damages, with CNN, arguing that it is unconstitutional, that verdicts in favor of plaintiffs are not out of control, and that punitive damages are much more rare than people are led to believe. Read More
Tort Reform vs. Health Care Reform: The Two Should Not Be Intermingled
September 22, 2009
Anthony Tarricone, the current President of the American Association for Justice, published an article today on the Huffington Post website. In the article, he discusses the argument by some that tort reform should be included in the health care reform that is currently the subject of intense debate in Washington, D.C.
"Tort reform," Mr. Tarricone wrote, means "taking away the legal rights of patients, injured through no fault of their own, and preventing them from obtaining legal recourse." Tort reform is primarily sought by the insurance industry, "the same people who have hijacked our health care system." Read More
Litigation, Tort Reform, and the Cost of Health Care
September 2, 2009
Frivolous malpractice lawsuits and excessive jury awards are not significantly adding to health care costs, says a prominent tort-reform critic in the following article that appeared in the New York Times on August 31, 2009. Read More
New Credit Card Law: What Does it Mean for You?
August 20, 2009
Changes in the credit card industry have been demanded by consumers for years, as interest rates and finance charges have soared. Recently, President Barack Obama signed the Credit Card Accountability, Responsibility, and Disclosure Act into law. The first phase of this law goes into effect August 20, 2009, but before credit card companies have "hiked interest rates, closed accounts, increased minimum payments and fees, reinstituted annual fees and slashed credit limits - partly because of the souring economy and rising loan defaults and in anticipation of tough new credit card billing restrictions," according . . . Read More
Bankruptcy Filings Increase By 35%
August 13, 2009
The Administrative Office of the Courts (AOC) announced today, August 13, 2009, that 1,306,315 bankruptcy cases were filed during the 12-month period that ended June 30, 2009. For the same time period ending June 30, 2008, 967,831 cases were filed. That is an increase of 35 percent. Of the 1,306,315 bankruptcy cases filed, 1,251,294 cases were "non-business" filings, as opposed to the 55,021 "business" filings that occurred . . . Read More
Keep Your Toddler Safe: Use Rear-Facing Car Seats Until Age 2
August 4, 2009
No one wants to be involved in a motor vehicle accident, but the simple fact of the matter is that accidents do happen. We, as individuals faced with the potential risk of a car accident, can take certain steps to minimize injuries that might occur to the occupants in our cars. This includes our younger occupants, our children. Previously, the American Academy of Pediatrics recommended keeping infants in a rear-racing car seat until they were eat least 1 year old and weighed no less than 20 pounds . . . . Read More
