Supreme Court of Arkansas

Stephen Toof Brown, Mid-Central Plumbing Company, Inc., and John W. Rogers v. Brian Kelton

March 3, 20112011 Ark. LEXIS 85

Summary

The court affirmed the order disqualifying an insurance company's employee-attorney from representing the company's insureds. It held that the statute's exception permitting a corporation to employ attorneys for its own affairs or litigation did not cover litigation in which the insurer was not a party, and that the statute was constitutional, the opposing litigant had standing to challenge the representation, and client consent could not authorize representation prohibited by law. Chief Justice Hannah, concurring, agreed with the result but would have relied on the court's inherent and constitutional authority to regulate the practice of law rather than the statute.