149 N.Y.S. 617 | N.Y. App. Div. | 1914
The charges presented against the respondent by the Association of the Bar of the City of New York involved serious professional misconduct. These charges were referred to the official referee who, after a careful investigation, has found the respondent guilty. An examination of the testimony has satisfied us that his report was sustained and it is, therefore, approved. The claim of the respondent that he was entitled to retain all of the money of his client that he had collected, because he claimed that he was entitled to ten per cent of it, and that he had a lien on all the money in his hands belonging to his client for the amount of his charge, cannot be sustained. He was bound to account for and pay to his client the amount of money collected by him and which he conceded was due, and he had no right to retain more than the amount that he claimed to be due. Upon depositing that sum in a
