Howard v. Baptist Health (Majority, with Dissenting)
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The Supreme Court reversed the order of the circuit court disqualifying Risie Howard as the attorney representing the estate of Mrs. George Howard in a case arising from Mrs. Howard's medical treatment, holding that the circuit court's ruling represented a manifest abuse of discretion.
On appeal, Howard argued that the circuit court erroneously interpreted Rule 3.7 of the Arkansas Rules of Professional Conduct and misapplied the test promulgated in Weigel v. Farmers Insurance Co., 158 S.W.3d 147 (Ark. 2004), in granting Defendants' motion to disqualify her. The Supreme Court reversed, holding that the circuit court did not faithfully apply Rule 3.7 and the precedent established by Weigel and its progeny in disqualifying Howard.
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