Seeking Meaningful Action on Attorney Misconduct (Letter to the Editor)

Robert Brech is executive director of the Office of Professional Conduct, whose job is to enforce rules on the behavior of Arkansas attorneys. [Karen E. Segrave]

To the Editor:

Re: The recent Arkansas Business article with the headline “Arkansas Sees Sharp Decline in Attorney Sanctions, Raising Oversight Concerns.”

Unfortunately, this article gives undue deference to a judiciary that has spent over a decade turning a blind eye.

There is no mystery behind the Arkansas Supreme Court Office of Professional Conduct’s failure to enforce the Attorney Rules of Professional Conduct. The 2024 numbers are not an anomaly — they’re just the latest point in a long downward trend. Yes, investigating only 1.7% of complaints is a new low, but is it meaningfully worse than 4.8% in 2023 or 5.6% in 2022?

Leadership in Arkansas’ legal system has known about this for years. I wrote to then-Chief Justice John Dan Kemp in January 2022. The clerk confirmed he was made aware. The Supreme Court’s ruling on my motion later that year showed the other justices were also cognizant.

The attorney general’s office, which defended the Office of Professional Conduct in that matter, was fully informed. And of course, the Office of Professional Conduct itself knew how little it was doing. What’s new is not the problem — it’s having to publicly acknowledge it because an article was being written.

The deeper issue is understanding the Office of Professional Conduct’s role. Most people assume it exists to protect the public and uphold the integrity of our justice system. But if its true function is to shield attorneys from complaints and accountability, then the lack of enforcement, ignored grievances, and years-long delays begin to make more sense.

We know the results. So are these top legal professionals terrible at their jobs — or too good at protecting their own? From the public’s perspective, neither is acceptable.

I hope the new executive director follows through on reforms. Clear deadlines and enforcement of all professional conduct rules would be a good start. But why wait? The Arkansas Supreme Court could revise the Office of Professional Conduct’s rules tomorrow, with some changes effective immediately and others on a set timeline.

In courtrooms and in the real world, we are judged by actions, not promises. Until the Arkansas Supreme Court and the Office of Professional Conduct show meaningful action in the public interest, it will remain business as usual — and the public will keep paying the price.

I look forward to a follow-up article next year.

— Dr. Patrick Fraley
Conway