89 Mo. App. 426 | Mo. Ct. App. | 1901
Proceedings instituted in a court of this State to disbar an attorney at law, are dominated by the statutes in so far as the latter relate to the transgressions with which he is charged. If he is accused of an indictable offense, and that is the basis on which his removal or suspension from practice is sought, but the charge does not allege a conviction, he can only be suspended from practice for six months; if no indictment is found or if one is found but not prosecuted to a trial within that time, the suspension must be discontinued unless the delay was produced by the absence or procurement of the accused. The record of conviction or acquittal of any, indictable offense is conclusive as to the facts in all cases and controls the disposition of the disbarment proceeding. Secs. 4929, 4930, 4931 and 4932, R. S. 1899; State ex rel. v. Gebhardt, 87 Mo. App. 542. Our legislation in reference to disbarment is rather full, indicates a State policy on the subject, and renders precedents from outside jurisdictions to some extent inapplicable.
But the power to suspend or remove from practice exists for other causes than indictable offenses. “Any attorney or counsellor at law who shall be guilty of any felony or infamous crime, or improperly retaining his client’s money, or of any malpractice, deceit or misdemeanor in his professional capacity, may be removed or suspended from practice upon charges exhibited and proceedings thereon had as hereinafter provided.” Sec. 4924, R. S. 1899, see, also, sec. 4936; State ex rel. v. Gebhardt, supra; In re Bowman, 7 Mo. App. 569; State ex rel. v. Harber, 129 Mo. 271. The complaint in this case does not charge the respondent with having committed a crime, nor are we convinced by the evidence that he did commit one. Without pausing to consider, then, whether the language of the statute requires that a respondent be charged with an indictable offense
The point is made that he was not attorney for Thomas O. Wengler who furnished the money and therefore was not culpable in his professional capacity. That position is untenable. Leaving out of view the fact that Wengler was attending to the litigation as his mother’s agent, it is beyond doubt that the respondent’s professional character was trusted when Wengler gave him the check. A similar question was raised in re O-, 73 Wis. 602. There the respondent had obtained thirty dollars from a garnishee against whom he was conducting a suit as the attorney for the plaintiff, on the representation that he would pay the money to his client in satisfaction of the claim. Afterwards,,the garnishment was dismissed on account of a defect therein, but the attorney refused to return the money to the garnishee' and converted the same to his own use. Ee made various promises to pay it, but never did. The garnishee in a subsequent case was compelled to pay the debt again to the original plaintiff. The opinion says, “The accused received it (the money) from the garnishee by reason of the confidence reposed in him as an attorney in the case. That
The document which was prepared with a view to the adjustment of the differences between the respondent and the Wenglers, looking, perhaps, to a dismissal of this prosecution constitutes no defense. It may be, as suggested, that the main purpose of the informant in instituting the proceeding to disbar
It is a painful duty to have to deprive a man of his
It is, therefore, considered and adjudged that respondent Z. be suspended from the practice of his profession as an attorney at law in the courts of this State for a period of six months from this date and that he pay the costs of this action.