180 A.D. 494 | N.Y. App. Div. | 1917
Section 280 of the Penal Law makes it unlawful for a corporation to render or furnish legal advice, to furnish attorneys or counsel, or in any other manner to assume to be entitled to practice law, or to furnish legal advice, services or counsel, or to advertise that either alone, or together with or by or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts or maintains a law office or an office for the practice of the law, or for furnishing legal advice, services or counsel.
The section contains specifications of other prohibited acts of the same general nature, aimed to cover the whole field of services usually rendered by attorneys to clients, but the enumeration above is sufficient for the purpose of this decision.
The defendant advertised in certain newspapers as follows:
“ A Will is a Flexible Instrument. “ You can make it express every shade of your desires. And by trusteeing the whole or a part of your estate with a modern trust company you can provide for almost every possible contingency which may arise after your death. May we suggest ourselves as appropriate advisers if you are considering the making of a Will or the appointment of an executor? The advice of our trust officers is at your service entirely without obligation.
“ THE PEOPLES TRUST COMPANY.”
On the 28th of September, 1916, one J. Lawrence Gregory visited the office of the defendant, with a copy of such advertisement in his possession. There he told one Lindsay M. Good-eve, assistant to the trust officer of the defendant, that he had noticed the advertisement and wished to see about making a will. Mr. Goodeve called up over the telephone an attorney connected with the regularly retained firm of legal advisers to the defendant, who came to the office of the defendant, met Mr. Gregory, took his instructions, drafted the will, and, on
The relation between attorney and client is confidential in the extreme. The attorney is under all the obligations attached to a fiduciary relation, and above all things he owes undivided loyalty to his client, unhampered by obligations to any other employer. These duties are enforced by the drastic remedy of disbarment proceeding, a measure outside of and in addition to other legal remedies. An attorney may not divulge confidential communications of his clients or the advice given thereon. It is obvious that the intervention of a corporation, the general employer of an attorney, between him and his client, is destructive of this necessary and important relation. There can be no longer uninfluenced devotion to the client’s interests. There exists along with, and necessarily influencing, the devotion to the client, the duty which the attorney owes to his general employers. Divided obligations in trust relations are obnoxious to the law, and in none more so than in that of attorney and client. It was to remedy the growing tendency of corporations to enter the field of practicing law, and perform legal services through lawyers in their general employ, and owing loyalty primarily to them and not to the client, that this law was enacted.
An attorney at law is the agent of his client in matters involving the application of a knowledge of the law. The business which he carries on is called practicing law. It is not confined to performing services in an action or proceeding pending in courts of justice; but, as is concisely stated by the court in Eley v. Miller (7 Ind. App. 529), “ in a larger sense it includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be depending in a court.” (See, also, Matter of Pace, 170 App. Div. 818; Matter of Duncan,
The judgment of conviction of the Court of Special Sessions is affirmed. .
Jenks, P. J., Thomas and Mills, JJ., concurred; Putnam, J., concurred in the result.
Judgment of conviction of the Court of Special Sessions affirmed.