A missile silo cradling a Titan Intercontinental Ballistic missile caught fire and exploded, killing 53 workmen.

The fire and the explosion knocked out the electrical and communication systems. The elevators would not work. The workmen were trapped and could not escape from the existing exit. They perished from suffocation due to the lack of oxygen.

The missile silo was located between Searcy and Heber Springs. It was one of sixteen silos containing Intercontinental Ballistic Missiles ringing Central Arkansas. The atomic missile seated in the silo was not damaged.

The silo was being modernized under contract with the United States Government by Peters Klewit and Company from Omaha and Newberry Electric Company of Los Angeles. Klewit was the prime contractor.

The workmen in the silo were mostly from around Searcy, Arkansas. Two of the workmen who were working on top of the silo escaped injury.

The Air Force reported that the explosion and resulting fire occurred when a welder's electric arc welding rod pierced a steel grated hose containing flammable hydraulic oil.

Claims were filed by the families of the deceased workmen against the contractors and the United States Government. The McMath Law Firm was retained by twenty-five of the surviving families. Hence, the McMath firm was designated to investigate and prepare the case for trial and possible settlement.

After exhaustive research into the facts and the law and after extensive trial preparation, on the eve of trial the cases were settled. United States District Judge Smith Henley approved the settlement. Funds received were paid to the widows and minor children of the deceased workmen. Funds allocated to the minor children of the workmen were put in a trust fund for the care and education of each of the minor children.
Subsequently, over the years, it was an exceedingly pleasurable moment when we would receive a graduation announcement or wedding invitation from the children of the workmen who had been provided for under the settlement and trust provisions.

Based upon our experience of 50 years of representing people in need of legal counsel, we have learned that the recovery of compensation for a client does not necessarily resolve the client's economic woes.

Sometimes an adequate award arduously won does not always prove to be a blessing, but may bring on additional concerns to the injured client. A substantial award may bring to the surface relatives heretofore unknown or remotely related. A widow is particularly vulnerable to con men, charlatans and sometimes relatives who seek to advise her as to how she should "invest" her estate.

The American Bar Association Journal, July 1980, reported that 90% of all settlements are dissipated within five years. The Journal stated:

In death cases, large sums frequently have disappeared leaving children uneducated and disadvantaged and the surviving widow virtually destitute.
Large-sum settlements may attract mercenary friends and relatives, unscrupulous advisors, or such funds disappear through poor investment and well-intentioned, bad advice.

Often families do not understand that the settlement for a disabled family member or the wrongful death of the breadwinner may not be for the benefit of all family members. Our society places great value on the integrity of the family unit. This may lead to misunderstanding when the recovery is not available to meet the financial needs of all members that were not beneficiaries in the recovery.

In a wrongful death action, for example, the widow may recover her loss of consortium, that is the loss of her husband's society, companionship, and marriage relationship; for the loss of contributions which he would reasonably have made to her during his lifetime; and for mental anguish arising out of her husband's death.
The minor children in a wrongful death case may recover for mental anguish arising out of their father's death; for the loss of his parental control and guidance up to their majority.

An adult child on the other hand might be limited to a claim for mental anguish--a claim always difficult for a jury to assess. So frequently, the adult children may not receive benefits from an award or settlement.

Damages arising out of wrongful death or negligent injury are governed by state statute.
Most cases having been adequately prepared and ready for trial are settled. Settlement of a case where the client is being reasonably compensated is highly desirable. A trial is very expensive, especially when expert witnesses are required in order to establish liability or the nature and extent of the damage. Additionally, in state court, nine out of twelve jurors have to agree on the question of fault and also the extent of damages sustained. In federal court a unanimous verdict is required.

Assuming a reasonable offer of settlement has been made (reasonableness having been determined by the facts, the law, the venue, and the composition of the jury panel), and the client has been fully advised and is in accord, the case should be settled. If minors are claimants, the settlement is required to be approved by the court.

A lawyer having obtained compensation for the client, his legal responsibilities to the client may be concluded. What responsibility, if any, does a lawyer have towards advising the client as to how the money should be distributed, invested, or used?

The lawyer's responsibility is to secure compensation for the client's injuries. The lawyer does not, cannot, must not, handle the client's money, or advise the client as to how the money should be spent.

However, the lawyer based upon his knowledge and experience in similar cases and circumstances should advise his client to seek counsel from a recognized expert in financial management and investments. An established bank with a recognized trust department with long experience in handling trust funds is a desirable expert in the field.

Usually the bank trustee is called upon to meet with the client at the time the lawsuit is settled or an award made and funds are available for use or disbursement. The trust officer of the bank meets with the client and family members to discuss how the funds will be invested and the amount of income that could be expected to be available for their needs.
Management of funds by the bank is under the supervision of the courts.
Reports to the court by the trust officer are periodically made. Distribution of funds are submitted to the court for approval.
Should the client at any time desire to change the trustee, a petition to the court may be made. When the trust is concluded, a full report to the court as to the distribution of funds is required.
A bank with an established and recognized trust department operates a number of income and equity funds that qualify under the Arkansas statutes as proper for court supervised accounts.
The trust administrator helps determine if there are any special needs to be considered and helps in setting up a budget that can be met from the funds available to be expended.
Some of the special needs that are provided for the client are transportation, housing, on-going doctor or medical expenses, and educational needs for the children.
An annual report with the probate court that covers all activities, such as investments and distributions on behalf of the client, is made. The trust officer will meet with the clients and if the clients desire, with family members, to discuss the reports and answer questions they may have regarding the management of the funds.
The designated attorney for the client has an on-going responsibility to assist the trust company with preparing and filing petitions with the court in matters that require court supervision and approval. The attorney's fee for this service is set by the court and is customary and nominal for the services rendered.
A lawyer, having obtained a just award for the client and observing that the funds are being used to meet family needs, may over the years receive a Christmas card, a graduation or wedding announcement, or some other communication indicating that all is well with the family he has had the privilege to serve. This is the greatest reward a lawyer can obtain.
And this, my gentle reader, is what being a trial lawyer is all about.