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Stewart Whaley

Stewart Whaley

wh Law | We Help.
  • Family Law, Criminal Law, Probate
  • Arkansas
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Summary

I grew up in Helena, Arkansas, attended the William H. Bowen School of Law in Little Rock and trained with the National Institute for Trial Advocacy. My practice includes social security disability, family law, and prisoners’ rights. I am a qualified Dependency/Neglect Attorney ad Litem, Domestic Relations Attorney ad Litem.

Before entering private practice, I was as a software developer, Chief Privacy & Security Officer and in-house counsel. I leverage this technical expertise and experience to provide critical legal and technical skill as the impact of digital information and evidence expand in criminal prosecution and domestic relations.

Practice Areas
  • Family Law
  • Criminal Law
  • Probate
Fees
  • Free Consultation
    Free 30 minute consultations.
  • Credit Cards Accepted
    Credit/Debit cards and payment plans
Jurisdictions Admitted to Practice
Arkansas
8th Circuit
Languages
  • English: Spoken, Written
Professional Experience
Attorney
wh Law | We Help.
- Current
Attorney
Wilson & Haubert, PLLC
- Current
Criminal defense, family law, prisoner's rights
Co-founder
Open Access Law Firm, PLLC
-
Low-cost full and limited-scope legal representation targeted at the "access to justice" problem. Criminal defense, family law, probate, landlord-tenant.
Chief Privacy & Security Officer
Phyzit, Inc.
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Oversight, development and implementation of cyber security, premises security, information privacy, regulatory compliance and in-house counsel for cloud-based healthcare software company.
Education
William H. Bowen School of Law
J.D. (2009) | Law
Honors: Honors graduate
University of Arkansas - Little Rock
B.A. (2000) | Business Computer Info Systems
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Honors: Honors graduate
Awards
Outstanding Service
Central Arkansas ReEntry Coalition (CARE)
Recognized for providing legal oversight to the CARE organization. Providing free legal consultations at the annual "Rights After Wrongs" day of service. Attending and supporting "Day of Empathy" by #cut50 at state capital: rally and lobbying.
Professional Associations
Arkansas Association of Criminal Defense Lawyers
Current
Pulaski County Bar Association
Current
National Association of Criminal Defense Lawyers
Current
Publications
Articles & Publications
Arkansas Law Blog
Wilson & Haubert, PLLC
Speaking Engagements
Technology for Good. How To Impact Non-Profits with WordPress, MS-Access and Twilio., Signal Conference 2016, San Francisco, California
Twilio, Inc
Non-profits lack money and developers. Client engagement with SMS and IVR can be highly effective, but often cost-prohibitive. How do we bridge the gap? Let’s review live apps using “low-tech” methods like MS-Access, VBA and WordPress to improve efficiency, resource utilization and outcomes for budget-crunched legal clinics, protect at-risk families and help victims of domestic violence. Along the way you’ll learn to build a WordPress Twilio plugin and have fun. Trust me, I’m a lawyer.
Mobile and Cloud Computing: Trends, Advice and Ethical Considerations, Arkansas Bar Association Annual Convention 2013, Hot Springs, Arkansas
Arkansas Bar Association
Why are cloud and mobile computing important? What are cloud and mobile computing? What are the ethical issues for lawyers? How to evaluate vendors and technology.
Government Internet Resources: Federal, State and Local, Harness the Many Uses of the Internet, Little Rock, Arkansas
DISCOVER THE INVISIBLE WEB
Statutes, Bills and Legislative History Regulations and Agencies Find Court Opinions, Forms, Rules and Dockets
Discover The Invisible Web, Harness the Many Uses of the Internet, Little Rock, Arkansas
DISCOVER THE INVISIBLE WEB
What is the Invisible Web? How Does it Differ From the Visible Web? Learn to Find “Invisible Documents” Where do Old Web Pages Go? Learn to Locate Them
Legal Hacking: Technology and Innovation in the Legal Profession, Legal Hacking: Technology and Innovation in the Legal Profession, William H. Bowen School of Law, Little Rock, Arkansas
Ben J. Altheimer Foundation
Panel moderator at conference. Also organized and competed in legal hackathon focused on developing software solutions to access to justice problems.
Certifications
Certified Information Privacy Professional
International Association of Privacy Professionals
Legal Answers
70 Questions Answered

Q. if I leave state with my son would I be charged with kidnapping and if I left him here would it be abandonment.
A: Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient grounds for a custody modification that allows you to become the custodial parent.. If you move out of state you can become the non-custodial parent, receive visitation (less than joint, obviously) and it is not abandonment.
Q. Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?
A: Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.
Q. If someone were attempting to steal my car, is the use of deadly force justified?
A: No, because you believe they are attempting to steal the vehicle. If you reasonably believe force is necessary to prevent death or great bodily harm, then, you are in a MUCH better position. The carport is likely considered curtilage (basically, an extension of the home) but the main issue is whether deadly force was necessary. A car is just a car.
Q. Can I answer a divorce papers myself on a simple divorce?
A: Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.
Q. If my ex husband owes back child support and son turns 18 and graduated what happens to the back child support?
A: He still owes that back child support. It is due to your son. You son can bring an action to enforce the payments, assuming dad has anything.
Q. How hard is it to do a step parent adoption without bio fathers permission
A: Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.
Q. When a judge signs a continuance does it have to be signed. The day she continues to next court
A: Judges often sign paper/electronic orders well after they are filed or stated in court. It is not uncommon and generally not going to impact the case.
Q. Are there any Pro Bono Lawyers in Lonoke County or, any that will take a Divorce case based on contingency ?
A: Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option. Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect: (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.
Q. A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?
A: She is violating the visitation order. Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation. She needs to go through the court/OCSE to address child support, not keep you from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.
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Contact & Map
wh Law | We Help
2894 N. McKee Circle, Suite 108
Fayetteville, AR 72703
USA
Telephone: (479) 250-0560
Fax: (501) 222-3027
wh Law | We Help
1 Riverfront Pl, Suite 745
North Little Rock, AR 72114
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
wh Law | We Help
1237 Front Street
Conway, AR 72032
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
wh Law | We Help
301 Roya Ln #1
Bryant, AR 72022
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
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206 North First Street
Cabot, AR 72023
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027