Supreme Court of Arkansas

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

March 3, 20112011 Ark. LEXIS 85

Summary

Chief Justice Hannah concurred in the result because an attorney employed by an insurer cannot represent the insured where the attorney's loyalties are divided between the insurer and the insured. He reasoned that the court's constitutional and inherent authority to regulate the practice of law, rather than the challenged statute, controlled the disqualification analysis. The concurrence agreed that Brown was properly disqualified but used a different rationale from the circuit court and majority.