Van Buren attorney Gentry C. Wahlmeier’s multiday civil trial is set to start Sept. 17 in Crawford County Circuit Court.
If you recall, Wahlmeier stands accused of charging two Arkansans with developmental disabilities nearly $200,000 for basic work that should have taken at most a few hours.
Last year, Wahlmeier and his namesake law firm were sued in connection with charging “unconscionable” fees to siblings Larry Boatright and Loreva Boatright, both of Alma, for his work in creating two supplemental needs trusts for them.
In January, the Boatrights reached a settlement, which hasn’t been made public, with their trustee, Citizens Bank & Trust Co. of Van Buren. The lawsuit had accused the bank of allowing nearly $200,000 of a $700,000 trust to be paid to Wahlmeier.
The bank also received an “excessive” administration fee of $26,483 from the trust, the siblings’ attorney, Matthew R. House of James House Swann & Downing of Little Rock, said in the lawsuit. (Both the bank and Wahlmeier received their fees in December 2022, before the Boatrights got their money.)
The bank’s attorney, Stephen Lancaster of Wright Lindsey Jennings of Little Rock, told Whispers that the settlement terms “were satisfactory to everyone.”
Wahlmeier’s Side
Wahlmeier’s attorney L. Kyle Heffley of Kutak Rock LLP in Rogers said in a court filing that the “crux of this case is a fee dispute that has been diluted into a plethora of misplaced or unsupported causes of action.”
Wahlmeier’s fees were agreed to by all parties, Heffley wrote in the Feb. 1 filing.
The contract called for Wahlmeier to receive 33% of the trust funds recovered, which came to $197,591.
House, the Boatrights’ attorney, said in filings that any attorney’s fee has to be reasonable and actually earned. Wahlmeier is facing allegations of fraud and conversion.
An ethics complaint has been filed against Wahlmeier with the Arkansas Office on Professional Conduct, which regulates the licenses for attorneys. The complaint is pending, according to documents in the court filing.
During a deposition in November, Wahlmeier said he didn’t have any regrets about the size of his fee.
“You’re not ashamed of that?” Wahlmeier was asked, according to the transcript attached as an exhibit in the file.
“No,” Wahlmeier said.
“You don’t feel guilty in any respect?”
“No.”
Wahlmeier also said that the $197,000 fee is reasonable under the circumstances.
“You believe the entire amount has been earned by you?”
“Yes.”
Heffley told Whispers that it is his firm’s policy not to comment on pending litigation.
House, the Boatrights’ attorney, told Whispers that “we’re actively getting ready for trial, and look forward to our day in court.”
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