Arkansas Code Annotated
Ark. Code Ann. § 16-22-208 (2026)
Barratry or maintenance — Disciplinary action by circuit and chancery courts
✓ current as of May 2026
- Any person, not a member of the Bar of Arkansas, who shall commit or who shall conspire to commit any act defined by the law of this state to be barratry or maintenance, or who shall solicit for himself or for another person who is not a member of the Bar of Arkansas in any manner or by any method the handling of claims or litigation involving injuries to persons or damage to property, in such a manner as would constitute the practice of law, shall be deemed to have submitted himself to the personal jurisdiction of any circuit or chancery court having territorial jurisdiction of the county where the act was committed for disciplinary proceedings in the same manner as if he were a member of the Bar of Arkansas.
- In addition to any other lawful action the court might take in proceedings under this section, the court shall be authorized to enter an injunction restraining the commission of any acts mentioned in subsection (a) of this section and may enforce the injunction with contempt proceedings as provided by law in other cases.
- It is declared to be the intent of this section to be in aid of and subordinate to the right of the Supreme Court of Arkansas to regulate and define the practice of law and prevent and prohibit the unauthorized or unlawful practice thereof by appropriate rules, orders, and penalties.
History. Acts 1961, No. 438, §§ 1-3; A.S.A. 1947, §§ 25-215 — 25-217.
Research References
Ark. L. Rev.
Note, Eaton and Benton v. Supreme Court of Arkansas Committee on Professional Conduct: Restrictions on Legal Advertising, 35 Ark. L. Rev. 549.
Case Notes
Cited: Feldman v. State Bd. of Law Exmrs., 438 F.2d 699 (8th Cir. 1971); McKenzie v. Burris, 255 Ark. 330, 500 S.W.2d 357 (1973).
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1999–2025 · leading case: Sheets v. Dollarway Sch. Dist., 120 S.W.3d 119 (Ark. Ct. App. 2003).
Sheets v. Dollarway Sch. Dist., 120 S.W.3d 119 (Ark. Ct. App. 2003). “With regard to the 2000-2001 school year, Sheets argues that he is entitled to all of the extra coaching stipends, employer matching and retirement contributions, interest, costs, and attorneys fees, and cites to Ark.”
Price v. Am.'s Servicing Co. (In Re Price), 403 B.R. 775 (Bankr. E.D. Ark. 2009). “However, attorney fees may be awarded in a breach of contract action pursuant to Ark.Code Ann. § 16-22-208 provided the recovery is primarily on breach of contract claims.”
State v. Duffey, 981 P.2d 1 (Wash. Ct. App. 1999). “010 to Ark. Code Ann. § 16-22-208 (Michie 1994); Cal.”
Dark Knight Vending, LLC v. Luckily Diced Amusement, Inc., F/K/A Hot Spot Amusement, Inc., 2025 Ark. App. 455 (Ark. Ct. App. 2025). “On May 8, Dark Knight filed a timely notice of appeal specifically as to the April 15 order that awarded attorney’s fees.”
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