# Kelly v. Rogers

> Supreme Court of Arkansas · November 10, 1975 · 258 Ark. 865

URL: https://www.frixlaw.com/law-library/cases/7819863

## Case

- **Full name:** James J. KELLY v. Robert L. ROGERS
- **Court:** Supreme Court of Arkansas
- **Decided:** November 10, 1975
- **Citations:** 258 Ark. 865; 529 S.W.2d 647; 1975 Ark. LEXIS 1713
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Fogleman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7819863

## Opinion text

PER CURIAM The appellant, James J. Kelly, apparently wishing to practice law without taking and passing the bar examination, filed a complaint in the circuit court against “Robert L. Rodgers [Rogers], Secretary and Law Examiner Board.” No service of process appears to have been had, but Rogers filed a demurrer to the complaint. The court sustained the demurrer and dismissed the complaint. We affirm.
The complaint states no facts constituting a cause of action against Rogers, who is secretary of the State Board of Law Examiners, or anyone else. The practice of law is not a profession open to a person simply because he wishes to engage in it. “The right to practice law is not an absolute right, but a privilege only.” Wernimont v. State ex rel. Little Rock Bar Assn., 101 Ark. 210 , 142 S.W. 194 , Ann. Cas. 1913D, 1156 (1911). Kelly’s complaint states no facts showing either that he is entitled to take the bar examination or that he is entitled to practice law as a matter of constitutional right.
Affirmed.
Fogleman, J., not participating.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7819863. Public record. Not legal advice.