BLF Law Library welcomes McQuillin’s Law of Municipal Corporations

IMG_1699For the past two years, I have proudly served as City Attorney for Gravette. One of the exciting things, and one of the most frustrating things, about that job is that municipal law touches just about every area of law there is.  No lawyer can be an expert on all areas of the law.  That’s why I recently added McQuillin’s Law of Municipal Corporations to my law library.  It’s a legal treatise that provides an overview of many areas that municipal law entails.  I’m admittedly a legal nerd when it comes to law books, but I’m excited and proud of my new acquisition.  I can’t wait to put it to good use.

Published by: David A. Bailey on March 2nd, 2015 | Filed under Uncategorized
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At what age can a child choose where to live?

One of the things I have tried to do over my 18+ year law career is to debunk several “legal myths” that are out there.  One common example of such a legal myth is that there exists some magical age at which point a child can pick which parent he or she wants to live with.

The truth of the matter (at least in Arkansas and Oklahoma, and most states I would imagine) is that the magic age is 18.  That is to say that when a child turns 18, he or she is declared an adult and can live where he or she chooses.  Up to that age, however, it is up to the Judge to decide where the child should live applying the best interest of the child standard.

Like most myths, this myth is born out of a little bit of truth.  The general rule is that the older the child, the more weight the Judge is likely to give to his or her opinion, keeping in mind that the Judge is never bound by that opinion.  In other words, a Judge will sometimes agree with the opinion of a teenager if that opinion is well-reasoned and rational.  However, the Judge doesn’t have to follow the opinion of the teenager.  A classic example:  17 year old girl wants to live with mom because mom lets her stay out late with her boyfriend while dad makes her do her homework and have a curfew.  In such a case, any good Judge will overrule the opinion of the 17 year old as it is clearly not in her best interest (in this hypothetical example) to live with mom.

I hope this helps destroy this one particular legal myth.  Stay tuned for more debunking of legal myths.

Published by: David A. Bailey on February 5th, 2015 | Filed under Uncategorized
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Merry Christmas to All


A lawyer friend of mine sent me this, so I had to share.  I hope you all have a very Merry Christmas and remember that Jesus is the real reason for the season.

Published by: David A. Bailey on December 23rd, 2014 | Filed under Uncategorized
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Autumn is Finally Here


I hope everyone is enjoying the Fall colors.  It’s been a super busy 2014, and for that I am thankful.  God has blessed my practice and also me personally.  I hope that each of you find the time to stop and give thanks for all He has given you in this season.  Just a quick note for now.  More to come…

Published by: David A. Bailey on November 11th, 2014 | Filed under Uncategorized
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Rock Stars: A Hotbed of Illegal Activity

motley_crue_-_1989_dr_feelgoodI just put the finishing touches on my latest Continuing Legal Education (CLE) presentation for the Arkansas Bar Association. It’s called “Rock Stars:  A Hotbed of Illegal Activity” and will be held in Little Rock on April 11th.

This is the “sequel” to the CLE I did last year involving country music stars.  It was such a huge success, that I was asked to do this follow-up.  Essentially, the way it works is this:  I show a rock music video to the audience of lawyers and we identify and discuss all of the legal issues presented in the video.  It’s a fun way to sharpen our legal analysis skills.

As always, I learned a few new things myself while preparing this CLE presentation.  For any lawyer out there who dreads going to CLE, you definitely need to come check this one out.  Just go to the Arkansas Bar Association’s website and sign up from there.  Who says you can’t have fun while you learn?

Published by: David A. Bailey on March 27th, 2014 | Filed under Uncategorized
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Power of Attorney – What is it?

e0_d__0_PowerOfAttorney Besides being a 1995 crime drama, what exactly is a “power of attorney”?  Essentially, it is a document that gives someone else authority to act on your behalf.  It can be very broad and allow the person to do any legal act that you can do, or it can be limited to a one-time transaction (such as the closing on a real estate deal).

Probably the most important thing to consider when drafting a POA is choosing your agent (also called “attorney-in-fact” and not to be confused with an actual attorney-at-law or lawyer) very carefully.  You are legally bound by the actions of your agent when a third party relies upon the document in good faith.  For example, if your POA document is broad enough to allow your agent to borrow money from the bank in your name and he or she does so and then absconds with the money to another country, you are likely stuck paying the money back to the bank.  Of course, you can sue your agent for breach of his or her fiduciary duty (assuming you can get service on them in the Caribbean or wherever they are), but it might not do you much good.

Powers of Attorney are generally revocable at your option (assuming that you are still alive and legally competent) by simply giving written notice to your agent of your decision to revoke the POA.  However, you should also give notice of the revocation to any person or entity that you know or suspect your agent has dealings with so that they will not rely on the POA in the future.  Otherwise, they might rely on the revoked POA in good faith and you might still be bound as in the previous example with the bank.

Much more can be said about powers of attorney.  Keep checking back here for more articles to come!

Published by: David A. Bailey on October 5th, 2013 | Filed under Uncategorized
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BLF returns to Gravette Day 2013

Mark your calendars for Saturday, August 10, 2013.  Bailey Law Firm is proud to announce that it will be handing out FREE ice-cold bottles of water again this year at Gravette Day.

When I looked at my website recently, I realized that I haven’t posted anything new in about 7 months.  I knew I was busy, but WOW.  I will definitely try to make more time for scholarly legal articles and things of interest in the near future.

One of the reasons that I have been so busy since December, 2012, is that I became City Attorney for Gravette.  I still have my private practice of law serving Northwest Arkansas and Eastern Oklahoma, and I am still the City Prosecutor for Siloam Springs.  Now I have added another job to my list.  That probably explains my absence of posting on my web site.  Not making excuses, mind you.  Just stating the facts.

All that being said, I do have some ideas on things I want to write about and post here.  So keep checking back.  Come by and see us at Gravette Day and let me put a cold bottle of water in your hand.

Published by: David A. Bailey on July 31st, 2013 | Filed under Uncategorized
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Merry Christmas to All

I just wanted to take a minute on this Christmas Eve to say “Thank You” to all of my clients this year who have trusted me with their lives by allowing me to handle their cases.  It is a tremendous responsibility, but I appreciate the trust you have all placed in me.  I pray that God will give me the wisdom necessary to effectively handle your case.

Recently, I had a client tell me “Thank you for caring.”  He explained to me that, in his opinion, not all lawyers do.  Sadly, I think he is right.  Don’t get me wrong, the majority of my colleagues do, but there are some that don’t.  Rest assured that I do care about each and every one of my clients.  No lawyer can predict the outcome of every case, but we can all care.

Merry Christmas to all of you, and I hope that you will all take the time to remember that Jesus Christ is the “reason for the season.”

Published by: David A. Bailey on December 24th, 2012 | Filed under Uncategorized

Hope to See You All at Gravette Days on August 11th

You may be wondering why I have 30 cases of bottled water in my office right now.  With 100+ degree temperatures for the past couple of months, can you blame me?

Seriously though, I am going to give out bottles of water at Gravette Days on August 11th.  Gravette Days runs from August 9th – 11th.  For a complete listing of events, go to

My lovely wife and I will have a booth set up where we will be handing out brochures telling people more about Bailey Law Firm, P.A. and giving folks the opportunity to get to know me on a more personal level.

I am also excited to announce that we’ll be having a drawing for some GREAT PRIZES including some very valuable legal services!  Our part kicks off around 10:00 that morning.  I hope to see many of you there.

Published by: David A. Bailey on August 1st, 2012 | Filed under Uncategorized
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Meet the Future of Bailey Law Firm

I’m proud to announce that on April 5, 2012, my nephew William Atticus Bailey was born!  His proud parents are my brother John and his wife Johnna of Atlanta, Georgia.

John and Johnna are both licensed attorneys in Arkansas and Georgia although, at this time, neither are practicing law.  John is a HIPAA expert and Johnna has her hands full at the moment with Atticus.

I had the opportunity to meet my nephew for the first time over the Memorial Day weekend, and as you can see from the picture I am quite proud.  Notice that he already has good taste in apparel with his Bailey Law Firm logo embroidered onesie.  ;)


Published by: David A. Bailey on June 5th, 2012 | Filed under Uncategorized
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