what is an attorney file in arkansas

How do I file for divorce in Arkansas?

Apr 26, 2018 · A POA can end for several reasons. The first is that you put an end date on the power of attorney. Such as “This power of attorney is valid until January 1, 2045.”. On January 2, 2045, that power of attorney is no longer valid. If a power of attorney is not durable it will end when you lose capacity. If the power of attorney was for a ...

Do I need a lawyer to file bankruptcy in Arkansas?

Nov 20, 2018 · Attorney at any time by giving written notice to the Attorney-in-Fact. You should also file a copy of the letter revoking the Power of Attorney with the court. ... For more information on this topic or to consult with a legal assistance attorney contact the Arkansas National Guard Division of Legal Assistance at 501212- -5040 to establish ...

Where can I find answers to legal questions in Arkansas?

A. Only a lawyer admitted to practice in Arkansas is allowed to practice law in this state. A lawyer can be admitted to practice either by obtaining an Arkansas law license or by being admitted to practice pro hac vice. See Rule 5.5 of the Arkansas Rules of Professional Conduct.

How do I file for probate in Arkansas?

Jun 18, 2019 · The attorney fee depends on how complicated the case is, but you can expect an Arkansas bankruptcy attorney to charge anywhere from $595 to $1,500. While this fee is a major factor in deciding who to hire, keep in mind that there are other things to consider when choosing a bankruptcy attorney. Arkansas Legal Aid Organizations

How do I file a grievance against an attorney in Arkansas?

Where can I file a complaint against an attorney or judge? Complaints against attorneys may be filed with the Arkansas Judiciary's Office of the Committee on Professional Conduct. Grievance forms are also available on the Arkansas Judiciary website. The office can be reached by calling (501) 376-0313.

Do you need an attorney for Small Claims Court?

You do not need a lawyer to represent you at a Small Claims Court. All official languages may be used in a Small Claims Court.

How do I file a civil lawsuit in Arkansas?

How Do I File Suit? To bring a lawsuit, you, as the plaintiff, must complete a legal form known as a complaint and pay a filing fee that typically varies between $30 and $65. Most district court clerks have complaint forms available to use or copy.

What is an attorney's purpose?

An attorney provides legal advice to individuals who require proper representation in legal proceedings. As an attorney, they make sure that they clients (organization or individuals) receive maximum representation offered by the law.

What happens if defendant does not respond to small claims court?

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). ... Until the court receives your request to enter judgment, the defendant can still reply to your claim.

Which matters Cannot be taken to small claims court?

No matter where you live, you cannot use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for emergency relief such as an injunction to stop someone from doing an illegal act.

What is the term for the person who files a suit?

plaintiff - The person who files the complaint in a civil lawsuit.

What is a FINS petition in Arkansas?

FINS stands for Family In Need of Services. A FINS petition is a lawsuit filed by a family member or other concerned person against a juvenile asking the court for help. The purpose of the FINS is to offer court assistance to the juvenile and the family.

Can you claim damages in small claims?

Yes, as long as it is a mode of payment for money owed under a contract of lease, contract of loan, contract of service, contract of sale, contract of mortgage, liquidated damages arising from contracts, barangay amicable settlement or an arbitration award involving a money claim.

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

Are lawyers and attorneys the same thing?

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. ... An attorney is someone who is not only trained and educated in law, but also practices it in court.

Who receives legal work from attorneys?

paralegalA paralegal works in a legal office, and is generally responsible for performing certain legal work on behalf of a lawyer or attorney. Paralegals, essentially, are legal assistants. A paralegal can do work such as: Interviewing clients.Nov 20, 2020

What are the grounds for divorce in Arkansas?

Arkansas is a fault state for divorce. This means whoever files for divorce must show that he/she has grounds or reasons to get a divorce from the...

What is a divorce going to cost me in Arkansas? Can I afford it?

The cost of a divorce can vary. Much of the cost depends on the other side — how much he/she is wanting to contest the divorce and how reasonable a...

Do I really need to hire an Arkansas divorce attorney?

If you and your spouse do not have any property (no land, houses, personal property of any real value, no retirement) or children, then you may be...

Does Arkansas grant divorces based on marital fault?

Yes, in Arkansas in order to get a divorce, you will have to prove to the court that your spouse did something to you. The only way to get a divorc...

Can I get maintenance or will I have to provide maintenance to my spouse?

When determining spousal support in Arkansas, the primary factor the courts will look at is whether one person can afford to pay spousal support to...

Does it matter who files for divorce first in Arkansas?

No, it doesn’t matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests....

Is Arkansas a 50/50 divorce state?

It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately betwe...

Can I change my name at the time of divorce?

If you want to change your name, you will need to make this request in your Complaint for Divorce, which is the document that tells the court you w...

When can I file for divorce in Arkansas?

In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You...

What are the rules of law in Arkansas?

A. The rules regulating the practice of law are for the protection of the public. In order to meet the public interest, lawyers have high standards of training and competence, and they practice under a strict code of ethics. Persons who are not licensed to practice law in Arkansas do not have the same requirements, and the public is not assured that the advice given by non-lawyers complies with Arkansas law or is free of unethical considerations.

Can an attorney practice law in Arkansas?

Only a lawyer admitted to practice in Arkansas is allowed to practice law in this state. A lawyer can be admitted to practice either by obtaining an Arkansas law license or by being admitted to practice pro hac vice. See Rule 5.5 of the Arkansas Rules of Professional Conduct. An exception to this rule is found in Arkansas Supreme Court Administrative Order No. 15, which allows attorneys not licensed in Arkansas to provide pro bono services under the auspices of a sponsoring entity approved as a legal aid provider.

Can a law student represent a person in Arkansas?

Generally, the answer is “no”. However, some law students may be permitted to represent persons in compliance with Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar. See also Rule 46B of the Rules of the Eighth Circuit Court of Appeals. This exception requires that the student be sponsored and supervised by a licensed attorney.

Can a suspended lawyer practice law in Arkansas?

Suspended and disbarred lawyers may not practice law and have other restrictions on their ability to perform certain tasks related to the practice of law. See Rule 22 of the Arkansas Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law.

Can a non-lawyer appeal a decision in Arkansas?

Yes. There are certain administrative proceedings, such as the Workers Compensation Commission or the Arkansas Employment Security Department, in which a non-lawyer can appear and represent a party to the proceeding. Check the rules of the administrative body to see if a lawyer is required or if there are other requirements for non-lawyers to appear. However, a non-lawyer may not represent you or any other person or legal entity in an appeal from the administrative decision to a court. Only a lawyer can represent an individual or legal entity in an appeal of an administrative decision to a court. Any appeal filings in the court will be ruled to be a nullity and of no legal force or effect if filed by a non-lawyer.

What is the practice of law?

The practice of law includes any services of a legal nature rendered outside of courts and unrelated to matters pending in the courts, including conveyancing, the preparation of legal instruments of all kinds , and, in general, all advice to clients and all action taken for them in matters connected with the law. Q.

Can a real estate broker fill out a blank?

When a person has declined to engage a lawyer, a real estate broker may fill in the blanks of simple printed standardized real estate forms that have been approved by a lawyer. The forms may not be used for other than simple real estate transactions and may only be used with real estate transactions actually handled by the brokers and without charge for the simple service of filling in the blanks.

What is bankruptcy in Arkansas?

The documents that are filed in your Arkansas bankruptcy case are part of the official court record that is made available to the public. The good news is that filing bankruptcy in Arkansas does not mean putting your actual bills, bank statements, or tax information into the record for everyone to see.

How much does a bankruptcy lawyer cost in Arkansas?

The average cost of a bankruptcy lawyer ranges from $595 to $1,500. Most lawyers that help their clients file a Chapter 7 bankruptcy in Arkansas offer a free initial consultation to potential new clients.

Can you file bankruptcy in Arkansas without a car?

Chances are, without a car, life would be very complicated for you. That's true for just about anyone that ends up filing bankruptcy in Arkansas. Even though most people don't realize this, and sometimes even hold off filing their Arkansas bankruptcy, there is no real risk of losing your car in most cases. If your car is paid off, or is worth more than what is left owing on the loan, then you can keep the vehicle as long as it's value or equity, as the case may be, is less than the exemption you claim on your Schedule C. Additionally, you have options on how to deal with your car loan. If the car is not that great, and the only reason you still have it is because you are still paying on a loan that you don't actually want anymore, you can surrender the vehicle because filing bankruptcy in Arkansas protects you from any continued responsibility to pay the loan balance after the vehicle is sold at auction. Some folks filing Chapter 7 in Arkansas are able to come up with enough money to buy the vehicle - at its current value - outright after their case is filed, thereby redeeming the vehicle without actually having to pay the full balance left on the loan. Of course, depending on how much your car is worth, that may not be an option for you. If you do want to keep the car, and the loan makes sense for your budget and your family, you can keep everything basically the way it was before your Chapter 7 bankruptcy in Arkansas was filed by entering into a reaffirmation agreement.

What district is Arkansas bankruptcy?

The Arkansas Bankruptcy Court covers both the Eastern and Western District of Arkansas and is in fact the only bankruptcy court in the nation that spans multiple districts. The county you live in determines which of the divisional offices will be handling your Chapter 7 bankruptcy in Arkansas. Neither District lists any specific requirements for Arkansas bankruptcy cases.

Can you mix and match in bankruptcy in Arkansas?

Everything you own is considered an asset when you file Chapter 7 bankruptcy in Arkansas. Exemption laws determine which assets are protected. You can chose to utilize Arkansas bankruptcy exemptions or federal bankruptcy exemptions to protect your property. Even though you can choose between the two, you are not allowed to mix and match, so make sure to carefully review your choices before making a final decision.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What does "as is" mean when renting a house?

When you rent a house or apartment, you usually agree to take it “as is.” This means that the landlord is not required to provide additional maintenance to the dwelling. There are, however, city building codes to protect your health and safety. If you have health or safety problems with your dwelling, contact the city to find out if the residence fully complies with housing codes.

What are the rights of a landlord in Arkansas?

Landlord and Tenant Rights. Arkansas law provides rights to both residential tenants and landlords. Arkansas laws on such issues apply only to private rental units and not government-subsidized housing.

How much notice do you need to give to move out?

If you plan to move out and have an oral lease agreement, you must give one rental period’s notice.

Can a landlord give notice of termination of a lease in Arkansas?

In Arkansas, a landlord may give notice of lease termination for any reason. Even model tenants may be subject to having a lease terminated. The landlord must give one rental period’s notice for an oral lease, or provide notice according to the terms of a written lease. State law provides that upon the voluntary or involuntary termination ...

What is the federal housing law?

A federal housing law protects tenants from unlawful discrimination in the sale or rental of residential property. The Fair Housing Act prohibits discrimination in most residential real estate-related transactions. The law includes the following provisions:

How long does it take to get a security deposit back from a landlord?

When you move, the landlord must return your security deposit within 60 days. The landlord may, however, deduct from the security deposit the cost to repair any damages made to the dwelling or any past-due rent.

Can you be evicted for not paying rent in Arkansas?

Failure to pay rent or to pay rent on time, for any reason, is grounds for eviction. In Arkansas, a landlord may pursue a tenant in a civil action for an “unlawful detainer.”

What is a small estate in Arkansas?

There are two types of probate with one being for smaller estates and less formal. A small estate is defined as one where the assets are less than $100,000. With this type of estate, the personal representative can file an affidavit with ...

How long does probate take in Arkansas?

Probate will take at least six months because that is how long creditors are allowed by the Arkansas Code to make a claim against the estate for debts unpaid by the decedent.

Can a will be probated in Arkansas?

Yes, a will must be probated according to Arkansas code or it cannot be used to transfer ownership of the decedent’s property to their heirs. Generally, the will is filed with the court in the county where the person lived at the same time as a petition for filing the estate is filed. Settling an Estate in Arkansas.

What happens when you die in your family?

If you have recently suffered a death in the family, you have a lot of decisions to deal with. One of them involves dispersing the estate and the assets that the deceased person owned. You may wonder how it will handled and who will take care of dividing up the property and paying the debts. An estate must go through probate, which is ...

How to avoid probate after death?

The best way to avoid having an estate go to probate after the owner dies is by putting all the assets into a living trust. When the person dies, they won’t show any assets in their name. All assets belong to the trust. Another option is by having assets that automatically transfer to another person or the beneficiary.

What are the grounds for divorce in Arkansas?

The grounds for divorce in Arkansas are the following: Impotence; The other spouse was convicted of a felony; Habitual drunkenness; Cruel and barbarous treatment; Adultery; General indignities; Lived separate and apart for eighteen 18 continuous months;

How long do you have to be a resident of Arkansas to file for divorce?

In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You will have to continue to be a resident of Arkansas for 30 days after you file your Complaint.

Is Arkansas an equitable distribution state?

It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately between spouses with a Marital Separation Agreement, or with a Property Settlement Agreement which involves a judge’s approval.

How to file for divorce in Arkansas?

To file for divorce in Arkansas, you will first need a Complaint for Divorce or a Petition. This is your document which tells the court that you want a divorce and why. It also tells the court what else you want (i.e. custody). You will also need a Summons, which tells your spouse that you have filed a legal action against him or her.

What does it mean to have a diligent attempt to serve your spouse?

Diligent attempts means that you have sent the divorce papers to the last known place your spouse was living. You will need to send the papers by cert ified mail, restricted delivery with return receipt requested or have a process server go to your spouse’s last known place of residence to attempt service.

How to change your name in a divorce?

If you want to change your name, you will need to make this request in your Complaint for Divorce, which is the document that tells the court you want a divorce and why, and informs the court what else you are wanting. In the divorce decree or order, the court can add a provision reinstating you to your previous name.

Is a divorce uncontested?

However, even though you are not an attorney, the court will expect you to follow the rules of the court and of law. If you and your spouse agree on all terms of your divorce, then your divorce will be “uncontested.”.