175 P. 593 | Mont. | 1918
delivered tbe opinion of tbe court.
, Proceeding on tbe complaint of tbe attorney general against R. E. O’Keefe, an attorney admitted to practice in this state, accusing him of unprofessional conduct, and asking that be be disbarred. When the issues were made up, the court appointed C. A. Spaulding referee to bear tbe testimony and report tbe same, together with bis findings of fact and bis conclusions of law. Tbe original complaint contained one count. During tbe course of tbe proceeding it was amended by tbe addition of a second count. Tbe evidence submitted at tbe bearing was not directly relevant to tbe charge made in tbe first count. Tbe referee therefore disregarded tbe first count, found upon tbe issues tendered by the second, and made bis report accordingly. Tbe substance of tbe charge in it is tbe following: That 0 ’Keefe violated bis oath as an attorney, and was .guilty of unprofessional conduct, in that, on or about May 21, 1917, in an action then pending in tbe district court of Blaine county, wherein Elda O’Malley was plaintiff and Patrick H. O’Malley was defendant, one issue joined by tbe pleadings — of which O’Keefe bad knowledge — was whether tbe said Patrick H. O’Malley was on October 2, 1915, at tbe time of bis marriage to Elda O’Malley, then Elda Sbarpless, insane to such an extent as to be incapable of entering into a marriage contract; that said action was brought on for trial in that court on May 21, 1917, before Honorable W. B. Rhoades, Presiding Judge, sitting without a jury; that O’Keefe was called and sworn as a witness, and tes
For several years prior to the fall of 1915 the accused and
Counsel for the accused contends that, when he had answered
That the conduct of the accused justifies an order of disbarment cannot be questioned. Subdivision 5 of section 6393 of the Revised Codes is broad and comprehensive. It was clearly intended by the legislature in enacting it to include any course ■of conduct by an attorney disclosing moral obliquity and dishonesty rendering him unworthy of the privilege of practicing law. A character for honesty and integrity is as necessary, to justify his retention of the privilege after he has acquired it, as it was to acquire it in the first place; and when his conduct is such that he has forfeited his right to the confidence of the public, he has forfeited his right to the privilege also. A man •cannot be dishonest as an individual and at the same time
The judgment of the court is that R. E. 0 ’Keefe be removed 'from his office as attorney and counselor at law, and that his name be stricken from the roll.
Rehearing denied October 23, 1918.