Warner-Smith-Harris PLC

The life of the law has not been logic: it has been experience. It is the spirit and not the form of law that keeps justice alive. A trial is the resolution of a dispute. Wherever Law ends, Tyranny begins. I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. The law is reason, free from passion. The law: it has honored us; may we honor it.

Attorneys

P.K. Holmes, III

P.K. Holmes, III • Of Counsel

Holmes focuses his practice in the areas of commercial litigation and white collar crime. In commercial litigation, Holmes has handled a wide variety of civil cases involving contract disputes, oil and gas matters, environmental matters, and fraudulent transactions. He has represented oil and gas companies and royalty owners in oil and gas disputes. He has tried jury and non-jury cases in federal and state courts representing banks, corporations, oil and gas companies, and small businesses. Holmes has handled civil appeals before the Arkansas Court of Appeals, Arkansas Supreme Court and the U.S. Court of Appeals for the 8th Circuit.

Holmes has extensive experience in representing corporations and individuals in a wide variety of white-collar criminal cases including immigration, environmental, and fraud violations. He has handled corporate internal investigations involving the fiduciary duty of officers and directors, schemes to defraud, and wrongful conduct by corporate employees. He has represented corporations and individuals in federal grand jury investigations, and has defended corporations and individuals indicted on federal criminal violations.

Holmes joined Warner and Smith in 1978 where he handled civil litigation matters. In 1993, he was appointed U.S. Attorney for the Western District of Arkansas. As U.S. Attorney, Holmes tried white-collar criminal cases in the areas of health care fraud, bank fraud, corporate fraud and money laundering. He conducted grand jury investigations involving a wide range of federal criminal laws. Holmes has argued criminal cases before the U.S. Court of Appeals for the 8th Circuit.

In 2001, Holmes rejoined Warner, Smith & Harris, PLC, handling civil and criminal litigation matters.

Areas of Practice

  • Commercial Litigation
  • Internal Investigations
  • Oil and Gas
  • Environmental Matters

Education

  • University of Arkansas, J.D., 1978
  • Westminster College, B.A., 1973

Bar and Court Admissions

  • Arkansas, 1978

Significant Representations

  • Represented royalty owners in class action cases over payment of royalties on take or pay settlements under gas purchase contracts.
  • Represented oil and gas companies in lease cancellation cases, and in landowner claims for surface and environmental damages.
  • Represented a trust formed by owners of a manufacturing facility in defending claims against the trust arising from a Superfund site.
  • Represented subcontractors on construction bond claims arising out of failed construction projects.
  • While serving as U.S. Attorney, tried white collar criminal cases in areas of health care fraud, bank fraud, corporate fraud, and money laundering.
  • Represented corporate executive charged in a corporate conspiracy to violate immigration laws.
  • Represented corporations in criminal prosecutions for violation of immigration and environmental laws.
  • Represented corporations in internal investigations involving fiduciary obligations of officers and directors to the corporation, schemes to defraud and wrongful conduct by corporate employees.

Activities and Community Service

  • U.S. Attorney, Western District of Arkansas, 1993-2001
  • Member, Attorney General's Advisory Committee, 1999-2000
  • Member, Arkansas Supreme Court Committee on Model Jury Instructions-Civil, 2006-present
  • Member, (President, 1994-1995), Sebastian County Bar Association
  • Member, (member, House of Delegates, 1983-1986; Chairman, Natural Resources Law Section, 1988-1989) Arkansas Bar Association
  • Member, American Board of Trial Advocates
  • Fellow, Arkansas Bar Foundation
  • Member, American Bar Association